HomeMy WebLinkAboutPP 04-11 Revised Conditions of Approval - Michael & Margaret Fincher Cul da SacCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Revise Conditions of Approval for Precise Plan 04-11 to Clarify Financial
Responsibility
SUBMITTED BY: Mark Greenwood, City Engineer
DATE: May 12, 2005
CONTENTS: Conditions of Approval
Letter from Residents Michael and Margaret Fincher
Vicinity Map
Recommendation:
Revise the Conditions of Approval for PP 04-11 to include a provision for the City of
Palm Desert to reimburse the Developer for 50% of the cost for design, construction,
and inspection of the cul-de-sac, up to $25,000.
Discussion:
City Council Members received a letter dated March 31, 2005 from residents Michael and Margaret
Fincher requesting clarification of financial responsibility for the construction of the proposed cul-de-sac
at the end of San Jacinto Drive. The conditions point out that the west half of the cul-de-sac is the
financial responsibility of the developer of PP 04-11, but no mention is made to the financial
responsibility of the east half of the cul-de-sac. Since the east half is not adjacent to, nor frontage of
the subject property, staff recommends that the City contribute 50% of the cost of constructing the cul-
de-sac. The east half of the cul-de-sac is to be entirely within the right-of-way of the City of Palm
Desert, and the property owner on the east side of the cul-de-sac has already contributed $5,000
towards the cost of the construction.
Funds are available for this work in the general fund account designated for curb and gutter. The City's
portion of the cost is estimated to be $23,000. Therefore, staff recommends that the City Council, by
minute motion, authorize the Director of Public Works to revise the Conditions of Approval to PP 04-11
to include a provision for reimbursement to the Developer of 50% of costs for design, construction, and
inspection of the cul-de-sac, up to $25,000.
City Engineer
Approval:
AG161 for Develop t Services
City Mang er
Department Head:
Michael Errante, P.E.
Director of Public Works
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CITY OF PALM DESERT
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Steve Smith
FROM: Mark Greenwood, City Engineer
SUBJECT: PP 4-11 Rancho Mirage Builders
DATE: August 11, 2004
The following should be considered conditions of approval for the above -referenced
project:
(1) Appropriate fees shall be paid prior to issuance of permits, including the following:
Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code, shall be paid prior to issuance of a grading permit.
Signalization fees, in accordance with City of Palm Desert Resolution No. 79-
17 and 79-55, shall be paid prior to issuance of a grading permit.
Transportation Uniform Mitigation Fees shall be paid prior to the issuance
of any building permits associated with this project.
(2) Full public improvements, as required by Section 26.44 and 26.40 of the Palm
Desert Municipal Code, shall be installed in accordance with applicable City
standards. Subject improvements shall include, but not be limited to:
• Installation of a 24 foot wide drive approach on Alessandro Drive.
• Installation of a minimum six foot wide sidewalk on the project frontages.
• Installation of water efficient landscaping on project frontages.
• Modification of San Jacinto Avenue to a width sufficient to construct a cul-de-
sac as shown on the Site Plan dated 07/19/2004, Sheet Number A-000,
prepared by Alfred H. Cook AIA. The developer shall prepare and execute
appropriate documents for abandonment of the westerly one-half portion of
the cul-de-sac on San Jacinto Avenue. Design of San Jacinto Avenue shall
be subject to the review and approval of the Fire Marshall and the Director
of Public Works. The abandonment proceedings shall be completed
prior to issuance of any permits associated with this project.
• Offsite improvement plans shall be reviewed and approved by the Director
of Public Works and a surety posted to guarantee the installation of all
required offsite improvements prior to issuance of a grading permit. "As -
built" plans shall be submitted to, and approved by, the Director of Public
Works prior to the acceptance of the improvements by the City.
• Any and all offsite improvements shall be preceded by the approval of plans
by the Director of Public Works and the issuance of valid encroachment
permits by the Department of Public Works.
All off -site improvements shall be completed to issuance of any certificate of
occupancy for this project.
(3) All private driveways and parking lots shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
(4) In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project. Landscaping plans shall be submitted for review concurrently with grading
plans. Landscaping shall water efficient, conforming to Chapter 24.04 of the Palm
Desert Municipal Code.
(5) Proposed building pad elevations are subject to review and modification in
accordance with Title 27 of the Palm Desert Municipal Code.
(6) A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to and approved by the Department of Public Works prior to the
issuance of a grading permit.
(7) Landscaping maintenance on all property frontages shall be the responsibility of the
property owner. The developer shall make arrangements for maintenance of
landscaping on abandoned portion of roadway in front of 44855 San Jacinto Avenue
(APN 627 182 012).
(8) The project shall comply with the provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust (PM10) Control. Developer shall contact the Riverside County
Flood Control District for informational materials.
Mark Greenwood, P.E.
G:\Pub'r:orks\Ccnd:tions of Apprcva1\?PLANS\PP d-11 Rancho Mirage Builders-Alessandro.wpd
Peg 04 - H
Michael and Margaret Fincher
137 Chelsea Circle
Palm Desert, CA 92260
(760) 779-9552
March 31, 2005
To Members of the Palm Desert City Council:
Mr. Buford Crites Mr. Richard Kelly
Mr. Jim Ferguson Mr. Robert Spiegel
Ms. Jean Benson
RE: Conditions of Approval, Palm Desert Planning Commission
Resolution #2285, 73900 Allesandro, Palm Desert
It has come to our attention upon the review of the public works portion of the
above mentioned document, at a meeting with Mike Errante and Marc Greenwood of the
Public Works Department, as to the vague wording concerning the construction of a
proposed cul-de-sac at the end of San Jacinto Drive. It appears that there is no mention as
to what the financial participation by the City of Palm Desert or the developer of the
medical building on the eastern side of San Jacinto will be. It was always our
understanding that we would equally match the funds provided by the developer at 73950
Allessandro, ( a project of at least 4 times the size of ours) to help toward the construction
of the cul-de-sac. A contribution of $5,000.00 by the medical building developer was
originally mentioned at my initial meeting with staff.
The wording of our approval conditions now is very unclear and almost seems to
imply that we are now responsible for the entire cost of such a project estimated at a
possible $45,000.00 expense. We have already incurred costs of approximately
$3,500.00 towards the design of the cul-de-sac project as required by staff. Since these
unexpected costs will have a great bearing on the viability of the project, v4c_weuuk X&..- +�
know what our financial responsibility will ultimately be and what costs we can e pj—c V - D
be reimbursed by the city.
PUBLIC WORKS DEPARTMEM
CITY OF PALM DESERT
Your quick response through staff would be greatly appreciated since the project is
almost ready to proceed.
Thank you for your help in this matter
Sincerely,
Michael J. Fincher
CC
Alfred Cook AIA
Brad McGee
Mike Errante
Marc Greenwood
Margaret Fincher
REV CI!t F.n__,
PUBLIC WORKS DEPARTMENT
CITY OF PALM DESERT
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PROPOSED SAN JACINTO 0 87.5 175 350 525 700
CUL-DE-SAC LOCATION ---- - Feet