HomeMy WebLinkAboutPP 04-11 Revise Conditions of Approval - Clarify Financial Responsibility Cul de 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 26, 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. 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. Since the east half is not adjacent
to, nor frontage of the subject property, staff recommended at the May 12, 2005 City Council meeting
that the City contribute 50% of the cost of constructing the cul-de-sac.
At the meeting on May 12, the applicant requested that the City also reimburse him for his efforts in
preparing the development proposal for submittal to the City, and this matter was continued to the May
26 meeting.
His request is based on the fact that he was provided information by the City that he believes was
inaccurate. The Public Works Department did provide information to the applicant regarding previous
proposals on the same property; that information was provided purely to assist the applicant and was in
no way meant to indicate that he was required to design the current project to conform to those
previous project submittals. As is always the case, the developer's effort prior to approval of a project
is solely at his risk; any information provided by staff is done so in an effort to assist the process.
Therefore staff recommends that the City not reimburse the developer for his effort prior to approval of
the project.
Staff continues to recommend authorization to reimburse the developer for 50% of the cost for design,
construction and inspection of the cul-de-sac, up to a maximum of $25,000. The fact that the
neighboring development contributed only $5,000 to the cul-de-sac is not material to the amount due
from this developer. The previous development to the east of this project contributed $5,000 toward the
cost of the construction of half of the cul-de-sac based on cost estimates that were current at that time.
Construction costs have escalated substantially and $25,000 is now the estimate for construction of half
a cul-de-sac. This escalation in construction costs is due to no fault of the City and therefore we should
not reimburse that cost.
Revise Conditions of Approval for PP 04-11
May 26, 2005
Page 2 of 2
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 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.
Submjtte4
Mark Green k,00d, P.E.
City Engineer
Approval:
for De ,- . • ent Services
City Manager
Department, ead:
Michael Errante, P.E.
Director of Public Works
Direct
G.\PubWorks\Staff Reports\2005\May 26\Revise Conditions of Approval for Precise Plan 04-11.doc
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:`,PubWorks\Conditions of Approval\PPLANS\PP 4-11 Rancho Mirage Builders-Alessandro.wpd
IT 04 4(
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. Jim Ferguson
Ms. Jean Benson
Mr. Richard Kelly
Mr. Robert Spiegel
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,
know what our financial responsibility will ultimately be and what costs we can a c pect to,
be reimbursed by the city.
PUBLIC WORKS DEPARTMENT
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,
%Y(GJJ
Michael J. Fincher
CC: Alfred Cook AIA
Brad McGee
Mike Errante
Marc Greenwood
Margaret Fincher
RECEivFn
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PUBLIC WORKS DEPARTMENT
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05/2*4/2005 13: 07 760779F593 RANCHO MIRAGE RS PAGE 02
Michael & Margaret Fincher
137 Chelsea Circle
Palm Desert, CA 92260
(760) 779-9552
May 24, 2005
TO: Mr. Carlos L. Ortega Mr. Buford Crites
Palm Desert City Manager Mayor of Palm Desert
FROM: Michael Fincher '^"d
Margaret Fincher rr'
RE: 73-900 Alessandro Drive
We are in receipt of Mr. Greenwood's investigation of the above project,but respectfully
request that you consider the items below:
1. Alfred Cook,building architect, and I had a preliminary meeting with the planning
department and public works staff regarding how to proceed with project regarding
restrictions, etc. At that meeting we were presented with an preliminary plot plan dated
May 2002 that was submitted by previous owner. In that plan it showed that the City
would abandon one-half of the street (San Jacinto) for building. The remainder of the
street would be fire lane with crash gate. We would match the contribution given by the
developer on the east
2. After initial meeting we proceed with architectural, landscaping and engineering
drawings,
3. On or about March 23, 2004 we submit all preliminary drawings to various agencies.
4. Request for comments and conditions of approval were sent by Steve Smith to all
departments requesting their input by May 4, 2004. Information regarding cul-de-sac
never came up at this time_
5. A check was submitted to Coachella Valley Water District based on first preliminary
plans dated April 22, 2004.
6. Preliminary plans approved on May 11, 2005 by Architectural Review Committee.
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0 /24/2005 13:07 760779�F93 RANCHO MIRAGE P' nRS PAGE 03
7. Around June 10,2004,Al Cook, our architect,is verbally notified by Steven Smith
that one of the neighbors has brought in a letter written to them by the City promising
them a cul-de-sac.
8. On June 10,2004 we ask for a continuance consideration for June 15 meeting.
9. All existing preliminaries scrapped
10. Request for Variance on July 22,2004. Due to City's agreement to provide cul-de-
sac, a variance is now required because of new limited set backs. This is caused by 400
feet of our property now being needed for cul-de-sac. Fee waived for variance due to
redesign.
11. Revised plans approved at Planning Commission meeting August 18, 2004. (Alfred
Cook reiterates to planning commissioners that we are aware that we need to match the
contribution made by developer on the east.)
12. In January,engineering staff requests our engineer to draw cul-de-sac plans without
our notification. Plans are 90%complete when we are first informed.
13. Engineering refuses to waive plan check fee on cul-de-sac plan.
14. On March 31', after noticing that some conditions of approval were unclear, we
send letter to members of Palm Desert City Council.
15. Council meeting May 12, 2005. Continued to May 26, 2005.
To summarize, we have gone from the City expressing interest in allowing us to use part
of the street for our parking area and us matching the $5,000.00 contribution of the
building developer on the east to the present day scenario of; paying$25,000.00 for a
cul-de-sac that was promised at some time in the past to the neighbors, giving up part of
our property for the cul-de-sac,having the plans drawn and building the cul-de-sac, and
also incurring an additional $8,000.00 in expenses because information regarding the
cul-de-sac was not passed to all the city agencies.
We would ask you to reconsider your stars recommendations to the City Council; Our
suggestion would be that we donate the needed land, match the east side developer's
contribution and give the city the completed plans on the cul-de-sac. The concern we
now have is that because of the added expenses we have incurred this project will not be
able to move forward.
We are certain that the City of Palm Desert will treat our request with fairness and thank
you in advance for your consideration in this matter.
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