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HomeMy WebLinkAboutRes 06-141 HPD/PP 04-21 Amnd 1 - Hagadone Family TrustCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of an amendment to a Hillside Development Plan/Precise Plan to expand the approved graded area from 38,000 square feet to 61,110 square feet for a residence located at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course. SUBMITTED BY: Tony Bagato, Associate Planner Phil Drell, Director of Community Development APPLICANT: Hagadone Family Trust P.O. Box 6200 Coeur D' Alene, ID 83816-1937 CASE NOS: HDP/PP 04-21 Amendment #1 DATE: October 26, 2006 CONTENTS: Recommendation Executive Summary Discussion Draft Resolution Nc06-141for HDP/PP 04-21 Amendment #1 Legal Notice Planning Commission Staff Report, dated September 19, 2006 Planning Commission Minutes, dated September 19, 2006 Planning Commission Staff Report, dated October 3, 2006 Planning Commission Minutes, dated October 3, 2006 City Council Minutes, dated September 23, 2004 Plans and project Exhibits Recommendation: That the City Council adopt Resolution No 06-141approving Hillside Development Plan/Precise Plan 04-21 Amendment #1, subject to conditions designed to address the visual impacts of the original approval. Executive Summary: The request to expand the graded pad area from 38,000 to 61,110 square feet will (1) correct deficiencies in the original grading and (2) provide for expansion of landscaping area, pool area and a new sportscourt. Except for the pool that has been built, the proposed grading improvements including the sports court will not be visible from public view. Based on public testimony at the Planning Commission meetings, many of the Staff Report HDP/PP 04-21 Amendment #1 Page 2 of 7 October 26, 2006 expectations of the original approval have not been met. Since the applicant is requesting an amendment to the original plan, reasonable conditions of approval may be added which address unforeseen visual impacts of the project. On September 19, 2006, the proposed expansion was presented to the Planning Commission. There was considerable testimony from Ironwood residents objecting to many aspects of the existing building and the proposed expansion. Staff recommended denial, but was directed to prepare a resolution of approval based on the conclusion that the expanded area would not result in any negative visual impacts. On October 3, 2006, the resolution of approval was presented along with a staff report with proposed conditions of approval to mitigate the concerns from the public testimony. The Planning Commission approved the resolution on a 2-1 vote (Commissioner Finerty opposed, Commissioner Lopez abstained, Commission Tschopp absent), without any of the proposed staff conditions. The Council may choose to add the conditions of approval to address issues outlined in the staff report to help blend the residence into the natural terrain. With appropriate conditions, staff is recommending approval of the request. I. BACKGROUND: A. Section 25.15 Hillside Planned Residential District (HPR): The intent and purpose of Section 25.15 is to encourage minimal grading in the hillside area as it relates to natural contours, encourage architectural and landscape design that blends with the natural terrain and to protect undisturbed viewsheds and natural landmark features including vistas and natural skylines. The development standards for the hillside planned residential district are: • Density: One (1) unit per five (5) acres. • Grading: Building Pad Area -maximum of 10,000 square feet. Access Road/Driveway-maximum of 3,000 square feet. • Maximum Dwelling Size: Total dwelling unit with garage and accessory building shall not exceed 4,000 square feet. • Exceptions: Standards of Section 25.15.030 A, B, and C may be modified by the precise plan of design, taking into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the Planning Commission or City Council may approve. Staff Report HDP/PP 04-21 Amendment #1 Page 3 of 7 October 26, 2006 B. GPA 04-02 / C/Z 04-041 HDP/PP 04-21: On September 23, 2004, the City Council approved a general plan amendment and change of zone associated with a hillside development plan/precise plan for a 32,016 square foot residence with a 38,000-pad located in the hills of Canyons at Bighorns. The precise grading plan prepared by Feiro Engineering was approved by Public Works on January 20, 2005 and the building permits were issued on March 9, 2005. In August of 2005, the contractor submitted pool plans to the Department of Community Development/Planning that did not match the original site plan. When the plans were reviewed it was believed that the pool was within the original approved graded area and that there would be no negative visual impacts. The pool plans were approved and submitted to the Department of Public Works for approval. Public Works determined that the pool was outside of the approved grading plan and informed the contractor that the pool plans would not be approved until a revised grading plan was submitted. RCE Consultants Inc. submitted a revised grading plan on September 23, 2005, and the pool permit was issued before the revised grading plan was reviewed. The pool was built and is complete. During the review of the revised grading plan it was determined that in addition to the pool being outside the approved area there was grading for a sports court and additional landscaping. It was determined that the revised grading plan was not in substantial conformance with the original approval and required Planning Commission and City Council approval. On July 1, 2006, RCE Consultants, Inc. submitted the application requesting an amendment to the original approval to increase the graded pad area to 61,110 square feet. During the review of the application, it was discovered that the additional pad area had been rough graded without City approval. In addition, it was learned that the original approved grading plan prepared by Feiro incorrectly identified 38,000 square feet as the total disturbed area while it scaled out to 44,870 square feet. The total disturbed area described in the previous staff report and presented at the public hearings was 38,000 square feet. II. PROJECT DESCRIPTION: The applicant is requesting an amendment to the original hillside development plan/precise plan to grade an additional 16,240 square feet to provide for the pool, sports court, expanded water feature and landscaping with planter areas Staff Report HDP/PP 04-21 Amendment #1 Page 4 of 7 October 26, 2006 beyond the original grading plan. The pool area is 3,071 beyond the approved grading plan. The sports court is approximately 1,500 square feet and the remaining 11,849 square feet will be used for a grass area, a pond with streams that connect to the water features through the residence and planters with annual flowers. The expansion area is north and east of the main residence compound. The proposed sports court is east of the residence behind an existing rock outcropping. The applicant has submitted a landscaping lighting plan for walkways and planter beds. There is no lighting proposed for the sports court. Any disturbed area beyond the approval sought will be renaturalized to blend into the hillside. III. DISCUSSION: The approval of the original plan was based on information and representations provided by the applicant which indicated that the home's unique design would blend with the natural terrain. Based on the public testimony at the Planning Commission, many of those expectations have not been met. Since the applicant is requesting a discretionary amendment to the original plan and an exception to the development standards of the Hillside Planned Residential District, reasonable conditions of approval may be added to address unforeseen problems identified in the original plan, including: A. Visibility, shape, color and texture of the office. B. Expansion of the infinity edge of the pool creating an extended straight horizontal line contrary to the irregular nature of the natural terrain of the ridgeline. C. Appearance of the pool pavilion roofline above the ridgeline. D. Lighting of the house, pool, pavilion, office and landscaping which serves to highlight these structures at night. In the second staff report submitted to the Planning Commission along with the resolution recommending approval, conditions were suggested to address these issues (see Planning Commission report dated October 3, 2006). Although the Planning Commission did not include these conditions in their action, the applicant has agreed in concept to address many of the concerns. Staff Report HDP/PP 04-21 Amendment #1 Page 5 of 7 October 26, 2006 A. Office shape, color and texture. Although the applicant has already spent considerable effort to improve the original design of the office rockwork, the results have served more to draw attention rather than to camouflage the building. He has agreed to submit plans to further enhance the faux rockwork to better match the shape, color and texture of the adjacent ridge. These plans could be reviewed by staff and the Landscape Beautification Committee with decisions appealable to the Council. B. Pool. The infinity edge of the pool has expanded from 43 feet in the original plan to 180 feet. The straight horizontal edges stand out in comparison to the irregular rounded edges of the natural terrain. There is also some concern that when lit, the infinity edge will show up at night as a glowing blue line. The applicant has agreed to install intermittent rock outcroppings below the edge to break up the horizontal line. The plans would be subject to a similar review and approval process as the office mitigation. C. Roof structures visible from the north. The sweeping curved rooflines are visible above the ridgelines from the north. While screening of structures is impractical, the use of copper fascia and natural wood ceilings lessen their visual impact. D. Lighting. The Hillside Ordinance requires that all exterior lighting shall be limited to that which is absolutely necessary for safety, security and shall be in compliance with Chapter 24.16, Section 24.16.060 of the Lighting Ordinance which prohibits any light over 4050 lumens and requires down shining full cutoff fixtures. The original lighting plan includes several lights in violation of these standards. The applicant has agreed to submit a revised lighting plan eliminating all nonconforming exterior lighting visible from the west, north and east. Certain up -shining fixtures located on the west facing decks, but under the roof overhang, are already installed and can be evaluated once they are turned on. If the Council finds them to be objectionable, they will be turned down or off. The proposed landscape lighting behind the house meets ordinance criteria. The remaining lighting issues involve the visible underside of the pool pavilion roof structures and the appearance of the office windows when the interior lights are on. Staff Report HDP/PP 04-21 Amendment #1 Page 6 of 7 October 26, 2006 Pavilion Roof. Since the pavilion roofs curve upward, any light fixtures installed in the ceiling may be visible from below. The applicant has agreed to significantly reduce the number of ceiling lights, but their ultimate impact cannot be evaluated until they can be observed. Their impact may be accentuated when contrasted to the black background of the adjacent night sky. The same issue effects the impact of the internal illumination of the office windows. While the interior lighting has been substantially reduced from the original plan, it is difficult to predict how the 270° band of window will appear in contrast to the darkness of the surrounding hillside and the night sky. The combination of light fixture design, dark interior surfaces and the tinted glass may mitigate the concern. Interior lighting is not regulated by the Lighting Ordinance. On the other hand, we did not anticipate a lit structure on a prominent ridge top. A final determination as to the magnitude of the problem and appropriate solution will have to wait until lights are turned on. IV. CONCLUSION: While the specific hillside development standard exception application (the sports court) will not result in significant negative impacts, several aspects of the original plan now appear to be in conflict with the spirit and in some cases the letter of the Hillside Ordinance. In general, the applicant has been very responsive in attempting to address these issues. Given the unique nature and timing problems associated with applying new conditions to a project which has been substantially completed, the process for reviewing, approving and enforcing new mitigations will require unique solutions. The city attorney and the applicant's attorney are working on an acceptable process which will allow for reasonable and effective mitigation consistent with the spirit of the Hillside Ordinance. The specific mechanism for implementing these mitigations will be presented at the hearing. Staff Report HDP/PP 04-21 Amendment #1 Page 7of7 October 26, 2006 V. ENVIRONMENTAL REVIEW: For the purposes of CEQA, the Director of Community Development has determined that the proposed precise plan and conditional use permit are a Class 32, Categorical Exemption, and no further review is necessary. Submitted By: Department Head: Tony Bagato Phil Drell Assistant Planner Director of Community Development Approval: Approval: Homer Croy Carlos O ga ACM for Development Services City Manager ::ITY COUNCIL ACTION: APPROVED V1 * DENIED RE C IVED OTHER oq,!�ioOea S-,A10. //o-i MEETIN DATE - /(' AYES: �� NOES: AhW ABSENT: /l�r? ABSTAIN:rja "'--' VERIFIED BY: /4K% Original on File %dth City Clerk's Office * Adopted Res. No. 06-141, subject to: 1) Applicant working with a City Council Sub- committee consisting of Mayor Pro Ten Kelly and councilman Spiegel to recommend measures that will mitigate the identified issues to the satisfaction of the City, with the Applicant agreeing to remove the Sport Court included in said approval if successful resolution is not achieved; 2) said conditions to be memorialized in a legally binding agreement; 3) City to review noticing requirements and its Hillside Ordinance. 3-1 (Benson NO) RESOLUTION NO. 06-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A HILLSIDE DEVELOPMENT PLAN / PRECISE PLAN TO EXPAND THE APPROVED GRADED AREA FROM 38,000 SQUARE FEET TO 61,110 SQUARE FEET FOR A RESIDENCE LOCATED AT 706 SUMMIT COVE IN THE FOOTHILLS OF THE CANYONS AT BIGHORN GOLF COURSE. CASE NO: HDP/PP 04-21 AMENDMENT # 1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of October 2006, hold a duly noticed public hearing to consider the request by HAGADONE FAMILY TRUST for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2421 has recommended approval of Case No. HDP/PP 04-21 Amendment #1; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 06-78, in that the a mitigated negative declaration was previously adopted and the improvements are within the mitigated area and no further review is necessary, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approving the said request: 1. That the proposed amendment to expand the graded area to allow certain improvements to the site are located between the main residence and an existing rock outcropping and will not be visible from adjacent properties, which will not negatively impact the adjacent properties. 2. That the proposed improvements will comply with City's Zoning Ordinance and will not be detrimental public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve Hillside Development Plan/Precise Plan 04-21 Amendment #1, subject to conditions attached. RESOLUTION NO. 06-141 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of October 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California JIM FERGUSON, Mayor 2 RESOLUTION NO. 06-141 CONDITIONS OF APPROVAL CASE NO. HDP/PP 04-21 AMENDMENT #1 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall re -naturalize any and all disturbed hillside area of the project with native landscaping and materials to blend the project into the natural terrain. 3. Landscape and water features lighting shall be designed and located in such a manner that does not negatively impact the surrounding area. 3 CITY Of Pfll�i DESERI I 7j-510 FRF.D WARING DRIVE iPALM DESF.Rl, CALIFORNIA 92260-25]8 TEL: �60 ;�6—o6�i Fnx:76o ;qi-7og8 . info@pilm-desen.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. HDP/PP 04-21 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by HAGADONE FAMILY TRUST for an amendment to a hillside development plan/precise plan to expand the approved graded area from 38,000 square feet to 61,110 square feet. The property is located at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course. SAID public hearing will be held on Thursday, October 26, 2006 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information conceming the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, ar in wsitten cosrespondence delivesed to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk October 16, 2006 City of Palm Desert, California � � CfTY OF PALM DESERT � DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 19, 2006 CASE NO: HDP/PP 04-21 Amendment #1 REQUEST: Approval of an amendment to a Hillside Development PlanlPrecise Plan the graded pad area for a residence located at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course. APPLICANT: Hagadone Family Trust P.O. Box 6200 Coeur D' Alene, ID 83816-1937 BACKGROUND: A. Section 25.15 Hillside Planned Residential District (HPR): The intent and purpose of Section 25.15 is to encourage minimal grading in the hillside area as it relates to natural contours, encourage architectural and landscape design that blends with the natural terrain and to protect undisturbed viewsheds and natural landmark features including vistas and natural skylines. The development standards for the hillside planned residential district are: • Density: One (1) unit per five (5) acres. • Grading: Building Pad Area-maximum of 10,000 square feet. Access Road/Driveway-maximum of 3,000 square feet. • Maximum Dwelling Size: Total dwelling unit with garage and accessory building shall not exceed 4,000 square feet. • Exceptions: Standards of Section 25.15.030 A, B, and C may be modified by the precise plan of design, taking into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the Planning Commission or City Council may approve. B. GPA 04-02 / C/Z 04-04 / HDP/PP 04-21: On September 23, 2004, the City Council approved a general plan amendment and change of zone associated with a hillside development plan/precise plan for a 32,016 square foot residence with a 38,000-pad located in the hills of Canyons at Bighoms. The precise grading plan {" � STAFF REPORT HDP/PP 04-21 AMENOMENT #1 SEPTEMBER 19, 2006 � prepared by Feiro Engineering was approved by Public Worics on January 20, 2005 and the building permits were issued on March 9, 2005. In August of 2005, the contractor submitted pool plans to the Department of Community Development/Planning that did not match the original site plan. When the plans were reviewed it was believed that the pool was within the original approved graded area and that there would be no negative visual impacts. The pool plans were approved and submitted to the Department of Public Works for approval. Public Works determined that the pool was outside of the approved grading plan and informed the contractor that the pool plans would not be approved until a revised grading plan was submitted. RCE Consultants Inc. submitted a revised grading plan on September 23, 2005, and the pool permit was issued before the revised grading plan was reviewed. The pool was built and is complete. During the review of the revised grading plan it was determined that in addition to the pool being outside the approved area there was grading for a sports court and additional landscaping. It was determined that the revised grading plan was not in substantial conformance with the original approval and required Planning Commission and City Council approval. On July 1, 2006, RCE Consultants, Inc. submitted the application requesting an amendment to the original approval to increase the graded pad area to 61,110 square feet. During the review of the application, it was discovered that the additional pad area had been rough graded without City approval. In addition, we learned that the original approved grading plan prepared by Feiro incorrectly identified 38,000 square feet as the total disturbed area scaled out to 44,870 square feet. The total disturbed area described in the previous staff report and presented at the public hearings was 38,000 square feet. II. PROJECT DESCRIPTION: The applicant is requesting an amendment to the original hillside development plan/precise pian to grade an additional 16,240 square feet to provide for the pool, sports court, expanded water feature and landscaping with planter areas beyond the original grading plan. The pool area is 3,071 beyond the approved grading plan. The sports court is approximately 1,500 square feet and the remaining 11,849 square feet will be used for a grass area, a pond with streams that connect to the water features through the residence and planters with annuals. The expansion area is north and west of the main residence compound. The proposed sports court is west of the residence behind an existing rock outcropping. 2 STAFF REPORT (� HDPIPP 04-21 AMENDMENT #1 SEPTEMBER 19, 2006 � � The applicant has submitted a landscaping lighting plan for walkways and decorative lighting, which wil! be will reviewed by staff. There is no lighting proposed with the sports court. Any disturbed area beyond the approval sought will be renaturalized to blend into the hillside. ANALYSIS: The following table compares the development standards with HPR standards, the approved plan and the proposed amendment. � STANDARD I HPR l APPROVED PLAN � PROPOSED PLAN � Density Building Pad Area Max Dwelling Size 10,000 sq ft 4,000 sq ft 38,000 / *44,870 32,016 sq ft 61,110 32,016 *The original staff report and grading plan cover sheef indicates 38,000 square feet, but the actual grading plan measures 44,870 square feet. Except for the pool that has been built, the proposed grading improvements including the sports court are located between the main residential compound and an existing rock outcropping that will screen proposed improvements from the public and from adjacent lots within the Canyons of Bighorn. The pool located north of the residential compound is built along a ridgeline, which is visible to the north (Ironwood). Although, adjacent properties owners will not see the proposed improvements beyond the pool, staff does not support the proposed amendment for the following reasons. The intent and purpose of the Hillside Planned Residential development standards is to encourage minimal grading in the hillside to preserve natural terrains. The original approval significantly exceeds the parameters contained in the HPR zone and allowing additional grading, which by itself exceeds the maximum pad area in the zone, does not meet the intent and purpose of the zone. In addition, HPR standards were developed to allow a property owner to grade only that area necessary to accommodate a house with limited landscaping and small pools. The standards did not anticipate the possibility of allowing a property owner to build a spo►ts court. Allowing 61,110 square feet to be graded for this project will make it difficult for us to evaluate future hillside homes. 3 � STAFF REPORT HDP/PP 04-21 AMENDMENT #1 SEPTEMBER 19, 2006 IV. � VI. C Given the confusion of the grading plan errors, staff is recommending an as-built grading plan be submitted including the new pool bringing the total graded area to 47,941 square feet. The expanded area for the sports court and landscaping that has been rough graded will need to be renaturalized before the project is complete and a Certificate of Occupancy is issued. ENVIRONMENTAL REVIEW: The project is being recommended for denial, therefore are no environmental impacts. If the project is approved a Negative Declaration of environmental impact will to be adopted for the purposes of CEQA. RECOMMENDATION: That the Planning Commission deny HDP/PP 04-21 Amendment #1 based on the reasons outlined in the analysis. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Comments from other agencies D. Plans and Exhibits Prepared by: Tony Bagato Assistant Planner Reviewed and Approved by: Philip Drell Homer Croy Director of Community Development ACM of Community Development 0 ( STAFF REPORT HDPIPP 04-21 AMENDMENT #1 SEPTEMBER 19, 2006 IV. V � Given the confusion of the grading pfan errors, staff is recommending an as-built grading ptan be submitted including the new pool bringing the total graded area to 47,941 square feet. The expanded area for the sports court and landscaping that has been rough graded will need to be renaturalized before the project is complete and a Certificate of Occupancy is issued. ENVIRONMENTAL REVIEW: The project is being recommended for denial, therefore are no environmental impacts. ff the project is approved a Negative Declaration of environmental impact will to be adopted for the purposes of CEQA. RECOMMENDATION: That the Planning Commission deny HDPIPP 04-21 Amendment #1 based on the reasons outlined in the analysis. VI. ATTACHMENTS: A. Legal Notice B. Comments from other agencies C. Plans and Exhibits Prepared by: C.� ---� "� Tony B�gat �� Assistant Planner Reviewed and Approved by: � P ilip Drell Director of Community Development / ;` ; . , � Homer Cr y ACM of Co m nity Development 4 ( PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING C�MMISStON OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN AMENDMENT TO AN APPROVED HILLSIDE DEVELOPMENT PLAN/PRECISE PLAN HILLSIDE DEVELOPMENT PLAIWPRECISE PLAN TO ALLOW ADDITIONAL GRADING FOR A RESIDENCE LOCATED AT 706 SUMMIT COVE IN THE FOOTHILLS OF THE CANYONS AT BiGHORN GOLF COURSE. CASE NO: HDP/PP 0421 AMENDMENT # 1 WHEREAS, the Planning Commission of the City of Pa1m Desert, California, did on the 19�' day of September 2006, hold a duly noticed public hearing to consider the request by HAGADONE FAMILY TRUST for approval of grading an additional 13,169 square feet; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality AcY', Resolution No. 06-78, in that the project is being denied and hence is not a project, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify denying the said request: That the Hillside Planned Residential standards were established to limit grading in the hillside area. The original approval included an exception that increased the permitted graded area above the original approved map. This current proposed grading expansion by itself exceeds the hillside planned residential grading limit (10,000 square feet) and would bring cumulative total graded area to 1.4 acres. 2. That the Hillside Planned Residential standards were established to allow a property owner to grade only that area necessary to accommodate a house with limited landscaping and small pools. The standards did not anticipate the possibility of allowing a property owner to build a sports court. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. 2. That the Planning Commission does hereby deny HDP/PP 04-21 Amendment #1. That the above recitations are true and correct and constitute the findings of the Commission in this case. i ( PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of September 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JIM LOPEZ, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission � l� �. � MINUTES PAL�M nESERT P, , NI C ---,- ----- - —.- ---,_ ER. . ,�.. L,A�V,. f� � r , .M ,,.>e��N _ . . _ _ . _, SEPTEMB, �_ 19, 200F and with living up to the structure of the wails and sights to be maintained. With that, he was also in favor of the project. Commissioner Campbell also concurred. She thought the architect did a wonderful job. The encroachment she saw in this area was Lot 6 to have a terrace in the middle so that they wouldn't be encroaching on the neighbors. As Architect Hanson stated, they really didn't ailow anything like that and she was also in favor. Vice Chairperson Finerty appreciated the cooperation of the neighbors being willing to work with Bighom and the Bighom architect being amenable to the neighbors' concems. They do have standards for tennis court lights. It is an approved use and those standards would be adhered to. She thought with notice to the residents when the project goes to ARC, they could Iook at the house, they could look at the shrubbery, Iook at the landscape plan and make their determination. Also taking into consideration the integrity of the wall, she thought the architect, Ms. Hanson, addressed the concerns of the neighbors and concurred with her fellow Commissioners. Action It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, approving the findings as presented by staff. Motion carried 4-0 (Chairperson Lopez was absent). {t was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2418, approving Case No. PMW 05-12, subject to conditions as amended. Motion carried 4-0 (Chairperson Lopez was absent). �••� C. Case No. HDP/PP 04-21 Amendment #1 - HAGADONE FAMILY TRUST, Applicant Request for approvai of an amendment to a Hillside Development Plan / Precise Plan hillside development increasing the graded pad area for a residence located at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course. Vice Chairperson Finerty stated that when the Commission arrived at the meeting they received a packet of information which they had not had adequate time to review and it was important that they be able to review all 11 � MINUTES PALIV� nFSFR.T PLANN�NC ,C,nMMI�SIAy ,. _ _._ , . _ . ., . _ .._ .�FPTEMBE�219;� �OOF, information in order to make an informed decision. Therefore, she was asking the Commission if they would want to take a 15-minute recess to review this information. Commission concurred. Action It was moved by Commissioner Tanner, seconded by Commissioner Campbell, calling for a 15-minute recess. Motion carried 4-0. The Commission recessed at 6: 53 p.m. AT T:1Z P.M., VICE CHAIRPERSON FiNERTY RECONVENED THE MEETtNG. Vice Chairperson Finerty explained to the audience that the Planning Commission receives their packets on Friday and when they walked into the meeting they received additional correspondence to review. They needed to either take a recess or ask for a cantinuance and since there were so many in attendance, they opted for the recess. She thanked the audience for their patience while they reviewed the additional information and asked for staff's report. Mr. Bagato addressed the Commission and reviewed the staff report, noting that at this time there were no lights proposed for the sport court. And for the reasons stated in the staff report, Mr. Bagato recommended denial of the proposed expansion, but did recommend that given the confusion with the pool and the error with the rough grading plan, that an "as-built" plan be submitted totaling 47,941 sguare feet, so it would allow the pool to remain and any grading that was miscalculated in the original plans. For the additional area for the sports court, landscaping and water feature, staff was recommending denial. He asked for any questions. On the problems with the grading plan, Commissioner Tschopp asked i� staff independently calcufated the square footage when they receive plans from a developer. Mr. Bagato said that when they are identified on the cover sheet, typically staff didn't. It was identified at 38,000 square feet and they tn�st that the application and the applicant is submitting accurate information. Commissioner Tschopp asked if it was correct that the pool was permitted. Mr. Bagato said that was correct. Commissioner Tschopp summarized that what the Commission was requested to deal with now was the 16,240 square foot property addition. Mr. Bagato said it was the 13,091 minus the pool, because the poo! wasn't or� the original plan, so they were kind of approving the pool, but minus it was 13,091 square feet. Commissioner Tschopp said that was what they were dealing with tonight. Mr. Bagato said that was 12 r" MINUTES �l.M DE,SEeRT�P_LAI�NINr CnM�VllS��n� C .. ,_ ._ . _ _..,, . ,., ., . _ SE�TEMBER 19, 2At1R correct. Commissioner Tschopp said the pool would remain and asked if there were any plans or suggestions for screening the pool to the north. Mr. Bagato said that was something that wouid have to be looked into. It wasn't part of the application tonight. There were no other questions for staff and Vice Chairperson Finerty �e�g�, the public hearing and asked the applicant to address the Commission. MR. JOHN BARLOW, Trustee for the Hagadone Family Trust, owners of the Hagadone residence, 3403 Femandhill Road in Coeur D'Alene, ldaho, stated that he was present to request approval of an amendment to the hillside development plan and precise grading plan for the previousfy approved residence at 706 Summit Cove. The approval of the precise grading plan submitted by RCE Engineers was sent in on July 1, 2006. It involved the addition of 13,169 square feet as Mr. Bagato alluded to, to be used for landscaping and features including a sport court and adjacent flower beds. He stated that he would like to give a chronology of what occurred to get them to this point. The rough grading plan that was prepared by Feiro was sent into the City of Palm Desert on October 15. The square footage was noted, as Mr. Bagato indicated, the accurate square footage as measured was the amount he said as well. The precise grading plan prepared by Feiro was approved by the City on January 20. In early 2005 they retained RCE Engineers to act as their civil engineer to help them with the discrepancies and the conditions they had with their previous engineer. During that time when the pool drawings were submitted, RCE, working with the City, received direction. Due to these discrepancies, the City would like to have them prepare an as-buift drawing condition of what was actually built and they proceeded accordingly. The pool permit drawings were approved by the City in October of 2005 and the pool as revised was constructed per the approved and issued and amended pool permit at that time. At the request of the City's Public Works Department after the completion of the checking process, RCE submitted the final precise grading plan on mylar on January of 2006 for signatures. When the mylar was submitted to the Planning Department for signature, the Planning Department raised the issues of concern. As a result of that, in February of 2006 at the suggestion of Planning, a meeting was held 13 t MINUTES PA,I_M DESFRT PIrANNINC f:nl)AMIS�ION � SFPTEI�ABER 19,� 20(lfi ,. . _. ,. , , , . . • , at the City offices with representatives of Public Works, Building and Planning. The direction from that meeting was to prepare the documentation, present it to the Pfanning Commission tonight, as well as the request for them to continue to work with the representatives of Ironwood on the look of the office. Even though the issue of the office was not before them tonight, he thought it was important to go over what they have done in that regard. Prior to this time, they heard from folks at Ironwood via their President, Mr. Ron Dahl, and their concem was focused on the office and the form of the artificial rock placed on top of and around the new structure. A number of representatives from Ironwood, himself and representatives from Bighorn met to review and discuss their concems. In fact, they met several times. They were always proactive and wanted to be good listeners. Part of the issue was they (themselves) weren't happy with the look of it as well. These meetings took place in November of 2005 which was well before the meeting that was held with the City by some three months. So they had already started that process and were involved with trying to make some corrections. These meetings were monitored by City Planning as they were directed by Planning to do the following: Work on the o�ce to get the shape of the rock more natural looking, which they concurred needed to be done; Prepare photos of the then existing condition, have them computer generated to show corrections that they would propose and get approval prior to doing any corrections. And then also submit a revised precise grading plan for the additional site disturbance area which was the technical and objective purpose of their meeting tonight. This they did. He showed several photos that he said were submitted at that time to the representatives of lronwood. They included actual photos taken from various locations, views of the proposed improvements they felt they could do to make the rock more natural, and actual photos taken last week. Another photo was taken from the direction north by northwest, the next a similar view. They could see from the original the shape of the rock was very vertical and unnatural, and an actual photo that looked considerably better than the proposed photo. One photo was from Bighorn as they were not happy with it as well. Another view was similar from the Ironwood direction. 14 MINUTES PALI4� DFSF�T Pt,�4I�N)N(� rOM,I�A,I;��ln�l, ,. _.. ...-- -- -.. SE�TEIVJBER 19;, 2(106 He noted that aif this was done at their expense. They spent an additional $350,0�0 with this additional rock. They wanted to be good neighbors. There are portions of the office that now don't have a view that it used to have to the northeast. At the same time they completed the revised grading plan and submitted it to the City in July. Mr. Barlow stated that the sport court is 1,500 square feet, 30 x 50, the rest was flowers, sidewalk and water features. As shown on the contours of the map, all of the grades were extensively higher than this location, so there was no view from any direction other than the home itself that would visualize this area. During this process, as pointed out and as requested by Planning, they had been asked to continually communicate with lronwood and in January they were asked to do so via their attorney. They have correspondence that indicated their position such as, at this time, Ironwood's Homeowner Association's concem with the high visibility of the separate office structure. Further that communication indicates the Ironwood Homeowners Association does not take issue with any other features of the project. There were some comments from audience members. Vice Chairperson Finerty stated that they needed order and the applicant has the opportunity to make his case and then the Planning Commission would listen to each of them, so they needed to please show respect to all parties. Mr. Barlow stated that they continued from March and on into June. ln March they had correspondence back and forth indicating the sport court and the other landscaped area. They had every reason to believe that they were familiar with what they were doing. They had several meetings with the Ironwood people onsite showing them the area and the fact that it did not have a visual impact and again, it always focused back on the office. They were very proud that what they said they would do they did. They got their blessing before they did it and they thought it looked substantially better than it did at that time. Mr. Barlow said they agree wholeheartedly with the Planning staff that the way to handle the finalization is an as-built drawing where the improvements are. They were here to say in effect that the drawing in front of the Planning Commission that was part of the application is an as-built because it is a complete detailed plan that they hoped 15 � MINUTES PALM DFS�RT PL,14NNINC COMMISSInN , _ _ ., _S,E�TEMBER 1,�;� „200,fi, to build to that does in fact have every item that has been discussed. So technically the as-buiit has already been completed. The next drawing he said was one also shown by Mr. Bagato indicating the area in question tonight at 13,169 square feet. He showed a landscaped plan for the benefit of those interested in the use, that showed the types of materials to be used. The flower beds were afl designed by designer Bill Shinkle, a world-renowned flower botanist who did all the work at the Bellaggio and at the Wynn Resorts. There were no trees. One of the Ironwood residents they met with in January who lives immediately below the office said the only concern he had was that he didn't want to see any trees. So there was a lot of discussion that took place and a lot of peopie in Ironwood, and obviously they couldn't meet with all of them, but they started with their President and representatives. Whenever they wanted to meet, they were happy to do so. Finally, Mr. Barlow wanted to point out that in spite of the request, a part of the original approval from the City included the deeding to the City in the form of a conservation easement of 4.13 acres. That would remain exactly the same. Referring to the map, he showed the area of improvement and the conservation easement area, which remained exactly the same. So they forma{ly and respectfully requested approval of this amendment to revise the site disturbance plan and the approval plan for the additional 13,169 feet. Commissioner Tschopp said that Mr. Bagato pointed out that the poof was not part of this hearing, but Commissioner Tschopp was interested to hear the plans what plans they had to screen the pool to the north, if there were any. When he looked at it from below, there was a lot of plastic up there, so he questioned if it was a misleading view at this point in time. Mr. Barlow said yes, the pool itself has the same edge detail as the pool as it was originally approved. It has an infinity edge and about 30 inches of exposed structure on the north side, the Ironwood side. That edge was all done in a bevel creek material that will match the color of the hillside. Up to and below that they already placed natural rock and recolored the rock to put it back into its natural state. Here in the desert, it gets very warm and the pool on the interior is all tiled and they were required not to allow the temperature to exceed 90 degrees. So to work through the summer, they built a temporary structure over the pool and have large air-conditioning equipment 16 ( MfNUTES PALM DE,SERT PL�ANNINC CnMMI. . I N , PTEMBER 19. 200R _ � , o . ��� � . .. _ _,. _.. __. _.. .. _.. SE __. _ _ , ---._.,..... . there to cool that area so they could install the tile. W hat they see now is a temporary structure that is within a week or so of being removed. It would be gone forever. The amount of area that wouid be eventually seen is the small area where the infinity edge comes over and the rest blends into the natural rock. Commissioner Tanner asked when the Feiro group did their original plan, if they were held accountable for the additional 6,000 feet that really was encroached on. If they went through the process and granted 38,000 square feet of grading and it actually ended up being 44,000, he asked if there was accountability on their part. They oouldn't to go back and get that back now. Mr. Barlow stated that the drawing was correct, as indicated by the model. ft had the appropriate amount of area. For some reason, and they didn't know about it until a week ago when Mr. Bagato and staff found out, that it had the wrong square footage number on the plan. That was one of the reasons they were removed two years ago. But it was because they had other errors where the building didn't fit the site exactly right and it had to be nestled in. But the plan they approved was accurate and the same. The label of the square footage was incorrect. The part of the approval, from his understanding two years ago, was for the plan the Commission saw in front of them and that was correct. There were no other questions. Vice Chairperson Finerty asked for any testimony in FAVOR of the project. There was no response. Vice Chairperson Finerty asked for testimony in OPPOSITION. Before starting, Vice Chairperson Finerty stated that she understood that there was a lot of emotion and asked speakers to limit their comments to five minutes and please not repeat comments that have already been made and thanked them. MR. GUNNAR HAASE, 73-203 Ribbonwood Court in Palm Desert. He stated that he looked at this project from the beginning almost like a comedy of errors. One of the things in the meeting they had back in December with certain people from the City was that there was going to be mediation for the office. He could see the pool, but they weren't supposed to be able to see any roof lines from the Ironwood property. If they go out there now, what they see are roof lines from the Hagadone residence. 17 MINUTES PALM DES�R,T PLAIV,N�NC C(�MMlSSIAf�, . _. _ _,,._. . ...._, __ �E�TEMBE� 19,,.20(1R He really felt that when going through this process there have been a lot errors and omissions by people, both probably in the City and from the Hagadone people. They talked about 38,000 square feet that grows to 44,000 square feet and now they want 47,000 square feet to be approved. They grade before they have approvals for that. They put in pools larger than what was authorized. It seemed to be once something is approved, once something is done, it gets approved. What would they do if they had a homeowner that was only supposed to build 20 feet high in the roof who built his house 30 feet high? Would they then say they'll approve that because it is an exception and he already has it built? IYs already in place? Why did they get grade before they got approvals to grade? Why do they do things? In other words, he assumed there was an inspector that went up there and looked at the grading and would be able to then say this isn't 38,000 square feet, it's closer to 47,000 square feet. They allowed them to destroy the ridge{ine that was pristine to Ironwood. IYs gone. It can't be recaptured. They can't tear out the pool, but they're approving a pool that was larger than what was originally on the plans. That's what he was hearing. From his standpoint he couldn't see the sports court, he couldn't see anything else, but his feeling is enough is enough. The plan should only go to what the Planning Commission approves or what was recommended, 47,000. They should take the land they have graded and put it back into natural conditions, forget about a squash court and only allow them to have the additional area for the pool that has been completed. To him that was giving them something because if somebody else had done this, maybe they would have them modify the pool to make it smaller to fit within the grading plan. So he appreciated what they've done for the office, but to him the City aflowed them to destroy the ridgeline. MR. JOHN GODFREY, 49-771 Canyon View Drive in Palm Desert, stated that he is the President of Ironwood Country Club. In all due respect to the statements made earlier, he has been the President for the last eight months and he has had no communication at all from any Hagadone representatives. Ironwood Country Club presently has 800 members. With their spouses that totals about 1,500 people. The Board of Directors of Ironwood Country Club on behalf of their members vigorously object to the petition by the Hagadone Family Trust to expand the approved graded area of the project from the approved 38,000 square feet to over 61,000 square feet. The �f:7 {' MINUTES PALM, DF�SFRT PL.ANNING COMIV�ISSION SEPTEMBER 19. 2006 expansion is in conflict with the Hillside Development Ordinance. They feel strongly that the City of Palm Desert should start enforcing the Hillside Development Ordinance with more strength to protect their hillsides from such intrusive developments. Ironwood homeowners and club members have had their hillside views seriously compromised by the development of the Hagadone property. Denying the current request for expansion would prevent further compromises to the hillside and their views. He thanked the Commission for their consideration in this matter. MR. LAURENCE SUTTER, 49-220 Quercus Lane in Ironwood, stated that he is a full-time Ironwood resident, President of one of the Homeowner Associations that has 89 homes very close to the Hagadone property. He is also a member of the Board of Directors of the Ironwood Master Association which represents 1,100 homeowners including the HOA's for central facilities. They were here to also object to this extension. He said they couldn't really talk about this extension without talking about where they are today and he thought some of the frustration from the people present is they feel they didn't have a forum. He just learned about the project when they saw the crane one moming around a year ago. He was part of the team of three or four people who visited with John Barlow and Hagadone development people last December. He said that John's description was correct. They were very accommodating and listened to their concerns, which were primarily the office and the pool. They were responsive and did make efforts to minimize the impact on the hillside. They were also told, as mentioned earlier by someone else, that they would not see any of the roofs, but they would just see a fittle foot and half or two feet of the pool and some version of the office. They really appreciated the effort they made and they were responsive, but if they looked at it today, it was still a major major intrusion on the hillside. It was sure not what they expected. He said he talked to Bill Ebert from The Reserve the other day and Bill asked him to come by tonight with photographs and things. (Note: The letter and photos referenced were submitted by Marie Mack later in the meeting and are on file in the Department of Community Development.) The President of the Reserve wanted to be present, 19 f� MINUTES PALM D�SERT LAN�INC,(;OMyIISSIO,N, ,_._.. .,._____ ,_ _,. SEPTEMEiFR, 1�;, 2�(16 but it was off season and he wasn't around and didn't have a chance to cespond. He thanked the Planning Commission peopie who he assumed were responsible for mailing notices on this petition to individual homeowners in Ironwood. There was a big mystery last time about notification and individual homeowners were never notified. This time someone took it upon themselves to notify 200 of them and they really appreciated it. Mr. Sutter said he had four quick points. Serious errors have been made with this proje�t before, one after another. They feel the City of Palm Desert made a very serious error in approving this project and the development standards should have been applied to be in harmony with the stated intention and that didn't happen. He was going to read his four points, but Mr. Bagato referred to some of them. He would highlight one or two. The intent and purpose says to encourage only minimal grading in the hillside area and it talked about blending with the natural terrain and retaining and protecting viewsheds and natural landmarks. In their opinion, all of these provisions were greatly compromised. They felt the expansion should be stopped. The ordinance talks about 10,000 square feet. If they were to okay this, it would expand it to 61,000 square feet which is a huge amount and they think it is grossly excessive and unnecessary. They also felt that if they stretch these development residential standards beyond thei� intention, that creates an exception that will devour the rule and become a very bad precedent for future projects. Mr. Sutter said they request that they provide some protections. Should the Planning Commission in their wisdom elect to approve this, they have concerns about the sports court, the water features and landscaping. Right now they don't appear to intrude on Ironwood views, but if they add lighting to a sports court or to a landscaped area, he didn't want to look up at the hill and see some unnatural lighting up there. They were concemed actually as it stands that once the compound is occupied, there will be lights in that office and that will further intrude on their situation. if they should decide to approve this, they requested a condition of approval that such elements are forbidden. 20 ( M' LM DES�RT PL.ANNII�G COMMISSION _.. ... ._„ „. SEPTEMBER 19�,,20Q6, PA . They thought the Commission really needed to strengthen the standards of compliance. This project already has had the benefit of great indulgence from the City for what is an architecturally challenging and unique project. They have an opportunity now to prevent needless disturbance of the mountain terrain and set a standard for stricter compliance now and in the future for hillside development. Therefore, the Ironwood MasterAssociation representing 1,100 home owners in Ironwood respectfully requested that the Planning Commission deny the application for amendment to the Hagadone plan to expand the previously approved area. MS. MARIE MACK, 74-399 Highway 111, Suite M in Palm Desert, stated that she is the attorney retained by the Ironwood Master Association to assist in interfacing with the project applicant concerning this project. The Commission had her letter on her firm letterhead conceming her points, so she wouldn't reiterate those. She did want to talk a little about the interactions she has had with the applicant concerning the project up until this point. When the members of Ironwood realized what appeared to be the scope of this project and how it would truly be impacting their mountain viewsheds and vistas from the north, they became quite alarmed and retained her to interface with them, particularly with regard to the office. She put up a picture of how the office looks now from The Reserve, the neighboring community. The Reserve also asked her to speak up on their behalf tonight in opposition to the project. Nobody seemed to have a great picture showing quite, from Ironwood, how prominent the office is. She showed the office now with the rockwork that has been done. She commended the Hagadone people for responding to their concerns. When this office was first built, they called it the flying saucer. There was just a large glass structure up there that was transparent and completely not naturalized with the surrounding mountain and it was quite quite a mar upon the natural scenery. She met up there with some Ironwood representatives and they all expressed that they would like to see some serious rockwork to blend that in with the natural rock up there. If they had ever been up there, 21 � MINUTES PALM nFSFRT PLANNINC COMMI�SInN ,_ __„ ,SEPTEMBER,,19, 2�OR it was completely pulverized up there. They have done a serious amount of work to blend it with the mountain and she understood it cost in excessive of $300,000 to do it. They also understood that it was always Mr. Hagadone's intention to have this sort of rockwork and they may have been reacting to a preliminary or first stage look of that office when they were so unhappy. Having said that, and her pictures might not make it crystal cfear and she would submit the rest of the photos for the record, the work that has been done while expensive and extensive was not blending. If they looked at it from Ironwood, it was not blending in texture, it was not blending in color and was still very obviously an artificial imposition on what was formesly a beautiful undisturbed view. She was wondering whether the Commission doesn't have the ability at this point if they wanted to approve this application to condition it that they do some further softening or mitigation or something cosmetic with the rockwork that has already been done. She wasn't proposing that it be demolished and understood it was permitted, but possibly something could be done to better integrate the look. Far be it from her to say what that might be, but they have some great experts on their staff and maybe it could be further blended. Ms. Mack said those were her comments about the office and. she submitted her photos (and The Reserve letter). She stated that they have the concem that although in the future the sport court was not proposed at the present time to have lighting, who knows five years down the road someone could decide thaYs a good idea. They don't ever want to see lighting up there. They were hoping that the landscape plan she understood had been proposed wouldn't involve any lighting that would be intrusive from the north. They wanted to make sure that Ironwood was fully involved in weighing in on that and also weighing in on whether or not there are ever any trees that artificialty intn.sde above the ridge{ine. Those were concerns they had. They understood that the project proposed tonight did not include those elements, but if they were inclined to approve it, they would love to see those sorts of conditions attached. In general they didn't favor the project, notwithstanding their attempts to be responsive. She thought everyone felt it was just one step too far and they would like to see the line drawn somewhere to enforce this ordinance. It was more than just a matter of principal. These are our mountains and grading and disturbance that happens up there is 22 �... MINUTES P�11_M DF�RT PLAN�II(�C rO,M,MI�SION .__ ._. .. ..., .,�EPT�,MBER 19 200�i forever and they needed to get busy enforcing that ordinance. She thanked them. MS. SUSAN PAULL, a home owner in Monterra, stated that she is a past President and HOA Board of Director acting right now. She was here on behalf of herself and members of her Homeowners Association and the entire Palm Desert community for people who {ive out as far as Portola and out on Country Club who can see this project. She was sure some of them come down the street and can see it too. She said it was ironic that the last time she was in this building was begging for access to the mountains because it was a CVAG hearing and they were restricting hikers' access to these beautifu! mountains as pictured on the wall behind them. The goal, she felt and which the City of Palm Desert was a signature of, was CVAG's ordinance on mountains and the protection of them. Ms. Paul stated that she was really disappointed. She fe{t that if they as a Planning Commission had actually made a visit to the site prior to the development, it never would have been developed. She pictured these beautiful mountains as pictured on the wall and asked how they would if she walked up there with a black marking pen and on the ridgeline drew a big house and thaYs exactly what they look at when they're in their car driving up Portola toward the mountains or Monterey. It is a blight. But they weren't here to discuss the past mistakes. As far as the expansion is concemed, they weren't happy with what has happened already. They feel it was done irresponsibly. Give an inch, take a mile. They didn't properly oversee what was being developed. )t just kept going on and on and on. It was give an inch take a mile. She was disappointed and was afraid if they didn't put a stop to it right now what they would be looking at is even more destruction and disaster to our mountains. She thanked them. MR. RICHARD SEARLE, 73-380 Poinciana Place in Ironwood, stated that he supported all the officials of their corporation, membership committees and other speakers. As an individual he supported what they had to say. He thought what has happened here has caused a blight on the mountain top. He wouldn't add anything new which they haven't already said; however, one point he did notice was a comment on the map regarding renaturalized areas. If the renaturalization of the area was similar to what they've done to the 23 � MINUTES PAL.M n��ER,T PL,AI��I�NC C�MMI�SION --,.---,..---. _...... SEPTEMBER1.9 ?��� office, that wasn't really going to make the appearance like it is today. He thought this should not be approved to go forward. He thanked them. MS. CONNOR LAMONT, 72-720 Bel Air in Palm Desert, stated that to say they made a mistake was an understatement. They all agree with that and all they have left is to ask them to please stop it now. They were a{I that was standing befinreen going forward and continuing the mistake. She asked on behalf of the residents that they please vote no on this. She thanked them. MR. PAUL BLUME, 73-155 Crosby Lane in Palm Desert, addressed the Commission. He said pretty much everything had already been said. The important thing is the future. He just found out tonight that there's no law saying that they have to inform the residents surrounding such a structure as this except within 300 feet and obviously this is beyond the limit for Ironwood Country Club. But for realism, the entire Coachelfa Valley has been affected by this structure and he thought there should be something in the future for them to do to inform them, the constituents that put them in office, to keep them informed as to what this is going to be like. He thought they would find a lot more people objecting to what has been done already. He thanked them. There was no one else requesting to speak. Vice Chairperson Finerty asked if Mr. Barlow would like time for rebuttal comments. Mr. Barlow said that they were obviously sorry that so many people were upset with the house that's there today, but he thought it was important to remember that they went through due process. Two years ago they came to the Planning Commission and City Council with full disclosure of what they were going to build and got approval. In fact, unanimous approval. And again, he couldn't change that and who was noticed then and who wasn't noticed is not really their responsibility. They liked to be good neighbors and wanted to be good neighbors and thought they would find them to be excellent neighbors. He hoped that none of these people were upset with them personally. The roof lines heing said that they would not be visible was not an accurate statement. They never represented that at all. The majority of the building is not visible, but there are a handful that are. All of 24 � � MINUTES PALM DESERT PLAN �NG CO MISSION_. _____ .,.,.,_ ,. ,_.,_ _ SFPTEMBER 1.9�2�06 „ � _.. . � those that are are covered with the copper material they bought from Germany that comes precolored with the color of that mountain. He wanted them to at least wait until it is completed and see the finished product and then be a little more objective in their decision because they have done a lot to try and blend this into the mountain. Stone on the siding that blends into the mountain was brought in from India. All of this was part of why they approved this in the first place is because the construction and design presented to them and what they have built was to be able to blend into the hillside. There had been discussion about minimal grading in the hillside and not allowing any more per the ordinance. If they read the ordinance, it says minimum grading in the hillside areas that relate to the natural contours of the land, avoiding extensive cut and fill siopes that result in padding or staircase effect within the development. None of that is what they were proposing. There was no padding or staircase effect involved. In fact, none of it was visible from anybody. So it is not in conflict with what the ord'+nance says. Mr. Barlow noted that there was a comment that they graded before approvals which was not true. The project like any project has to have access and lay down areas to be built. Those same areas if not approved would be renaturalized, but in order to have access to build the building, those areas were graded. So they didn't believe that to be an accurate statement. The pools as they knew were already approved and that was a matter that has been taken care of previously. And contrary to the opinion of what was said, they were directly told in writing to deaf with the attomey, Marie Mack. And as she testified, they have. Even beyond that and after they were told that, he made several calls to the only contact he had to Mr. Ron Dahl and indicated that he wanted to make sure that if there were any questions, they still had an opportunity to meet with him. The last time he talked to him he indicated that he was no longer President and he asked Mr. Dahl to please pass along that invitation to anybody else that's appropriate. Mr. Barfow thought they went out of their way as has been testified on their side that the communication was wide open. And this was all with respect to the office, which as they knew tonight was not even part of what the request is regarding. The request in front of them tonight dealt with this 13,169 square feet. It wasn't visible to anybody 25 C MINUTES PALM DF.SER7 PLANN�(V�,COMMISSION ... ... .._. _.. SEPTEMB��?, 19,_?A(1R but the Hagadones. That was the question in front of them. And that is their request to the Cornmission. If they would like to, and they'd already made comment to staff, the Commission cou{d condition that there wou{d be no sport court fighting. At one point in time they had intended to do so and Pianning had great concern about that. His initial response was that they would put it in in a mock up condition and they would look at it and they could decide if it was offensive or not. And later, as they reconsidered, they decided it wasn't. They just wouldn't do it. So if they wanted to condition it, there would be no lighting for the sport court. Mr. Barlow said there had been comment made regar�ing that they were running amok without any contact with the City. Nothing could be further from the truth. They have had constant contact with the Cify. They had with all departments. The Building Department is up there virtually every day. They had many meetings with the Planning staff when they had thei� original concems. There were meetings with the Public Works Department when they dealt with the poof and got the pool permitted. Whenever they had a discrepancy, they taiked to them and asked what to do. That's where the conclusion came that it was suggested that an as-built drawing be done to clarify exactly for the record where the grading limits were and where they would be eventually and that's exactly what they did. So they felt like they �ave been as responsive as they could. They realize there are people who are not happy with what they see and they really are sorry about that. They'd like it to be judged when it is completed and would like them to realize that they did go through due process and got the proper permits and went through the proper hearings and it �ad the proper legal notice and had built this building accordingly. So again, the question tonight in front of them is if it is okay for them to extend the landscaping and the sport court into the area 13,169 square feet that is not visible to any other party but the Hagadones. Commissioner Tschopp asked if the sports court was always part of the original plan and if the additional water features that are part of this 13,000 feet they were talking about now, if they were on the original plans. Mr. Hagadone said the water feature that came out of the hillside in that area was always a part of the plan, but not in that location. It wasn't that far away from the structure. The fish pond it comes out of 26 �� MINUTES PALM nES��iT PL �ANf�ING, COMMISSION �.. , .....,_. ,._._SEPTEMBER 19�,_2t10fi is new. So that was not part of the original plan. The sport court has always been in the owner's plan, but it was not in the plans submitted to the City. It was a desire that the owner had and talked to their architect about. Schematic design plans they had almost three years ago still showed the note of the trail that goes to the sport court. It never got designed, it never got included and was never permitted. So that's why they were here tonight. It was a desire they had and something they wanted, but was not part of the original submittal. He said it's a very complex site if they had seen it. It was not fike a developed, graded flat piece of ground that they do a drawing on and they layout what they want to put on it for improvements. It's very irregular. It has little crooks and nooks, hills and rocks and to nestle a structure into that site on a piece of paper, even to survey it, was nearly impossible. So that was part of how some of this came to be at a later date because once it is nestled in and they see how it fits with the lay of the land, there was an area that could be developed that was just sitting there. Commissioner Tschopp said that when he walked the project site, he remembered the area where the sports court would go, where the water pond would go, was relatively flat and very unattractive. If they had to renaturalize it, he asked what they would be doing exactly. Mr. Barlow said they would be putting native rock back into that location in random patterns and {ocations. Commissioner Tschopp asked if it would remain relativefy flat as it is now. Mr. Barlow said yes. Commissioner Tschopp said that basically they would be adding some desert plants and some rocks. Mr. Bariow said not much plant grows on that hill naturally. There were no other questions. Vice Chairperson Finerty closed the pubfic hearing and asked the Commission for comments. Commissioner Tschopp said this was certainly difficult. Concerns and frustrations he heard had to do with the existing house and the office that are on the ridgeline. The errors that have been made on it have been done. It's 27 �_ , M{NUTES PALM D�RT PL�ANNINC C(�M,f�A1S�InN .._.,_ � -- .. _SEPTEMB�R.1;�; 2�OR, too late to change that and what they see is what they are going to get now, hopefully with some better modification to it to hide the pool and some other things a little bit better than they are. But the piece of property in question is situated next to the home such that no one else can see it. No one else has access to it and in essence when you walk around up there, it basically is a side yard to a single famiiy residence. A very large single family residence that is not seen, not impacting anyone else, and no one else can get to it. A couple of questions he asked Mr. Bartow had to do with if they renaturalized it, what it would look like. Well, it would look like a flat piece of desert with some rocks and a few extra plants on it. Nothing they would ever see and nothing that would impact them. Although the sheer magnitude of the grading up there seemed excessive, CommissionerTschopp said this piece impacts no one else, no one else has access to it and he thought to deny this tonight would be a punitive measure on their part to say they don't like the house, they don't like the office so they were going to take this as a matter of standing in saying this to take a shot at them for what else has gone up there that they maybe errored on. So he was going to have to say at this point in time that he is in favor of the 13,169 square foot area to be used for the court and water features. Primarily for the reasons he stated. It is not impacting them, it won't change anything up there right now, no one else would have access to it and it served them no purpose to deny it at this point in time because what they see right now is still what they are going to get. Commissioner Tanner said he wished he had a little more time to digest this whofe issue. From purefy a standpoint of Ironwood and what they've gone through and what they would continue to go through as residents there, they couldn't fix that. They didn't have a way to fix the views they had. They are sitting there today and deciding on whether or not they grant an additionai 13,000 square feet of pad. He heard their cries and concems about what happens if they do this and are they opening the floodgate on more and additional areas growing in the mountains. He was here to tell them that he is new to the Commission, and he was not going to say he would not have approved the original Fiagadone designs, he was just here to tell them that if this does go through, and he was inclined also to say that they should go ahead and let it happen, and maybe it wasn't beautifying the mountain, but at feast it wasn't affecting Ironwood from a site standpoint. He was here to tel{ them that something that comes in front of him at this Commission witl be explored thoroughly and with due diligence not to allow this to happen again. Whether it is Feiro at fault for designing the pad and � � (� � MINUTES PALM DESF_R�ANNII�G COM,I�fIISSfON, _—,, ,.._. _._. ,..,._. �EpTEJVIBER 1�; 20�f�, giving them larger area to expand on, he didn't know, but with the conditions that the Hagadones are willing to grant them with no lighting, and he would also suggest that they minimize or eliminate all lighting in the landscape area as a condition to approve. He would have to go along with his fel{ow Commissioner here and say that with the conditions that have been presented, he would approve this. But he wanted them to know, these kinds of things were not going to happen in the future. Commissioner Campbell said that what is in front of them is just the 13,000 square feet that aiready has been graded and they could not change the appearance of the house and that has gone through its due process and everything that has been done to that has been legal about it. (A couple of audience members called out comments as they were walking out.) Commissioner Campbell said she was speaking and continued. She said after visiting that area, since the land has already been graded, to her it looked like it was anybody's residential sideyard. It was a private area and it is a flat area. They would go ahead and have the sports court that would not be seen by anyone, either Ironwood or Bighorn. It is going to be private for only the residents. The rock formation and the landscaping that will be put back to normal again in the areas not used for the flower beds or stream will be very natural. In due process also, the roof of the house will probably be changing in color just because of the environment. Again, as far as Ironwood was concemed, she felt for them, but again, Planning didn't need to send notices out for more than 300 feet. Vice Chairperson Finerty noted that one of the speakers tonight talked about a comedy of errors and that was cfeariy what has happened. She understood that when Feiro came out there was a plan submitted and the actual plan showed approximately 44,000 square feet. However, the calculation they were told was 38,000 square feet. That was error number one. Error number two was when City staff did not check that calculation and if they learn anything from this experience, it is that from now on, regardless of whaYs on the front sheet, City staff needs to recheck the calculation of the engineer. Then they come to the pool. The pool was permitted before City staff looked at the actual plan. So they leamed that a permit should not have been issued until the plans were thoroughly inspected. That is staff's job. Now they have a pool that is built, more grading than what they thought, and those conditions exist. They have an area by the office where there is work that has been done in an attempt to camouflage and blend into the mountain that outcropping and 29 � ,. . MINUTES PALM DFSERT PLANNIN,,C,3.C�MMISSION Action: _ SE�TEMBER 19 20�,6 the office. It was her understanding that members of fronwood participated and said that this would be a better thing to do in an attempt to camouflage it. But from what they were hearing tonight, what they saw on paper has really not improved to the extent that we had hoped with regard to camouflaging the office and having it blend in, She didn't know if there was any more work to be done in that area. She didn't know if that was the finat project. From what they were hearing about the pool, there is still more to be done. So they have had error upon error and now they are faced with the situation to allow further grading. They heard the fellow Commissioners talk about this being an area that does not �ffect anyone else. But the testimony they heard tonight, despite it not affecting anyone from Ironwood or anyone in Bighom, their wishes are still to deny it. She stn�ggled with that because it doesn't affect anyone else. It is not going to �ight the wrong. By denying this it did not correct these errors. Vice Chairperson Fine�ty stated that it is important as Commissioners that they view specifically what is before them. What is before them shows that nothing wiil be effected. The ordinance states that they are not to have the views impacted. That is the spirit of the ordinance. What is before them tonight shows that it has not been and will not be impacted. Nevertheless, in reading all of their concerns, it was apparent that they all already understood that. What's in the phrases are that nevertheless they feel it should be stopped. They still feel this should not be allowed. She couldn't in good conscience go along with that knowing that this is not going to impact the view. Their correspondence is relevant in saying when will this stop and she very much had concern with the hillsides. She did not want them impacted. And this project has not tumed out as they had hoped when they looked at the office area. They have some minimal issues with the poof. But her duty tonight is to look at the application before her. And that application was not going to affect anyone's view. Therefore, she was going to concur with her fellow Commissioners. At this time, they have only been presented with a resolution to deny the project. 1t is their job for the Commission then to direct staff to prepare a different resolution. She asked if there was a Commissioner wanting to do that. Commissioner Tschopp made a motion directing staff to draft up a resolution of approval adding that any water features and iandscaping proposed for the extended graded area, make sure that the lighting and landscaping elements 30 c" MINUTES �AL.M nESERT PLANNII�G ,C(�MMISSION �.. _ SEPTEMBER 1�,_20�1,fi do not impact any surrounding areas. Commissioner CampbeH seconded the motion. Vice Chairperson Finerty called for the vote. Motion carried 4-0 (Chairperson Lopez was absent). Vice Chairperson Finerty said there would be no resolution for adoption tonight. Mr. Haase spoke up from the audience. Vice Chairperson Finerty understood that the public hearing was closed; however, because of the concem she would allow him to come up to the lectem and speak into the microphone so they have it for the record. MR. HAASE stated that he understood the position they took. It doesn't impact Ironwood. But he wished the Planning Commission would put, and their report states and he would read from it and he was the one who said in the meeting they had that there would be no ridgeline or no houseline shown and also said that the rough grading was done without...it says in their own report that the expanded area for the sports court and landscaping that has been rough graded wil{ need to be renaturalized. To him, what the report was saying was that someone went ahead and graded it. Now he might be mistaken and if that was the roads going up there, that was something different. But he hoped that the Planning Commission would put two companies under a lot of scrutiny when they submit plans. One is Feiro Construction and the other is RCE Consultants because to him it was their errors and submissions and things that were put around he thought that created all this havoc. He thought that if they did that, and he understood that he woufd never see the landscaping over there and that didn't bother him. But it did bother him that their own report said that the rough grading was done prior to any approvals and he thought those two companies really created a lot of errors. They submitted grading plans they knew that the pool was outside the 38,000 square feet and went ahead. He thought those things, and if he was a contractor and did something like that, that was almost an act that maybe the City Attorney should look into, is to say why did they do it before they had approval to build it. If they knew it was 38,000 and it was calculated wrong, why didn't when they found out bring it to the City's attention and say it is 44,000 but we're going to need 47,000 and now we want 61,000. He thought those were the things that bothered him the most about what happened. Vice Chairperson Finerty agreed with him and that's why in her comments she said that from now on she believed that staff needs to calculate all of 31 (� � MtNUTES PALM DESERT P „ _ � , _ . _. . . , SE�TEMBER 19_200R LANN (' COMMISSION , , . _ _..,.. _ _, .. -- �— -- --- . .. _ ._,. _ .. .---, . . . that regardless of what's on the front page so they don't have the further error and before any pool permits or any other permits are issued that the plans need to be looked at and approved. She regretted the errors that have been made by all parties. Mr. Haase said that was all he had to say and thanked them. MR. JOHN BARLOW stated that he really knew how unorthodox this was, so he would make it quick. He said the problems were Feiro Engineering. The problems were corrected by RCE. If it hadn't been for RCE, they wouldn't have found any of this. Their drawings have been accurate to the tenth of an inch. He thought the staff could support that. So for the record, if that went into the record, that was not accurate. He thanked them. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported that there was no meeting. B. LANDSCAPE COMMITTEE Vice Chairperson Finerty stated that the landscape meeting would be tomorrow. C. PROJECT AREA 4 COMMITTEE Vice Chairperson Finerty stated that the Project Area 4 was informational. D. PARKS & RECREATION Commissioner Tanner reported on the Parks S� Recreation Commission meeting. 32 a � C1�Y 0� ��ll � I 73-5 � a FRED WARI�G DR1VE PALM DESERT, CALIFORNIA 92260-2575 TEL: �bo 346—o6tt Fnx: 760 34i-7og8 infoC�palm-deserc.arg PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 4, 2006 Hagadone Family Trust P.O. Box 6200 Coeur D'Alene, Idaho 83816-1937 Re: HDP/PP 04-21 AMENDMENT #1 DESfR1 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of October 3, 2006: PLANNING COMMtSSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. HDP/PP 04-21 AMENDMENT #1 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2421, SUBJECT TO CONDITIONS. MOTION CARRIED 2-1-1 (COMMISSIONER FINERTY VOTED NO, CHAIRPERSON LOPEZ ABSTAINED, COMMISSIONER TSCHOPP ABSENT). Please give me a call if you have any questions regarding this action. `��� , _'"� � � Philip Drell, S cretary � Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal � LD +wn� o� a�auc rou ( PLANNING COMMISSION RESOLUTION NO. 2421 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO A HILLSIDE DEVELOPMENT PLAN/PRECISE PLAN TO EXPAND THE APPROVED GRADED AREA FROM 38,000 SQUARE FEET TO 61,110 SQUARE FEET FOR A RESIDENCE LOCATED AT 706 SUMMIT COVE IN THE FOOTHILLS OF THE CANYONS AT BIGHORN GOLF COURSE. CASE NO. HDP/PP 04-21 AMENDMENT # 1 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 19�' day of September 2006, hold a duly noticed public hearing to consider the request by HAGADONE FAMILY TRUST for approval of the above noted; and WHEREAS� said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 06-78, in that the a mitigated negative iieclaration was previously adopted and the improvements are within the mitigated area and no further review is necessary, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify denying the said request: That the proposed amendment to expand the graded area to allow certain improvements to the site are located between the main residence and an existing rock outcropping and will not be visible from adjacent properties, which will not negatively impact the adjacent properties. 2. That the proposed improvements will comply with City's Zoning Ordinance and will not be detrimental public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, Califomia, as follows: 1. That the Planning Commission does hereby recommend to City Council approval of HDP/PP 04-21 Amendment #1. 2. That the above recitations are true and correct and constitute the findings of the Commission in this case. 1, PLANNING COMMISS��..a RESOLUTION NO. 2421 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pa{m Desert Planning Commission. heid on this 3"� day of Octobe�, 2006, by the following vote. to wit: AYES: NOES: ABSENT: ABSTAlN: CAMPBELL� TANNER FINERTY TSCHOPP LOPEZ ATTEST: -,,,"'-- �/L�.11.X PHILIP DRELL Secretary � Palm Desert PI nning Commission . �� CINDY FI � R , Vice C�airperson 2 \ , i , , ` ( � PLANNING COMMIS5�t..N RESOLUTION NO. 2421 CONDiT10NS OF APPROVAL CASE NO. HDP/PP 04-21 AMENDMENT #1 Deaartment of Communitv Development: The development of the property shall conform substantialiy with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall re-naturalize any and all disturbed hillside area of the project with native landscaping and materials to blend the project into the natural terrain. 3. Landscape and water features lighting shall be designed and located in such a manner that does not negatively impact the surrounding area. ll 3 . ' � �. � CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 3, 2006 CASE N�: HDP/PP 04-21 Amendment #1 REQUEST: Recommendation to City Council approval of an amendment to a Hillside Development PIan/Precise P{an to expand the approved graded area from 38,000 square feet to 61,110 square feet for a residence located at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course. APPLICANT: Hagadone Family Trust P.O. Box 6200 Coeur D' Alene, ID 83816-1937 I. DISCUSSION: At the last Pfanning Commission meeting staff was directed to prepare a resolution of approval which currently has standard conditions of approval. The approval of the original plan was based on information provided to the City which indicated that the design of the home and mitigation measures would blend it into the natural terrain. Based on the testimony, the expectations have not been met and the Planning Commission may add additional conditions of approval outlined in the staff report. Since the applicant is requesting an amendment to the original plan, conditions of approval may be added which address unforeseen deficiencies of the original approval. The unforeseen deficiencies identified during the public hearing include: 1. Visibility, color and texture of the office, 2. Expansion of the infinity edge of the pool creating an extended straight horizontal line which is at odds with the irregular nature of the original terrain, 3. Appearance of the roof structure above the ridgeline, 4. Lighting for the house, poo1, pavilion, landscaping, sports court, and office. 1. Office: The original approval was based on information which indicated that the project would be either partially or completely obscured from valley views . (_ , STAFF REPORT HDP/PP 04-21 AMENDMENT #1 OCTOBER 3, 2006 and that rocks from the site would be used to screen portions of the residence that would be visible. The office was built on the edge of the ridgeline and faux rocks have been built around it to create an outcropping with the intent of blending the office into the natural terrain. However, the faux rock formation texture and coloring does not match the existing terrain making it stand out which is contrary to the intent of the mitigation. The faux rock is long, straight and flat where the natural teRain has rocks that are small, round and rough. The color of the faux rocks is dark brown where the natural hillside is a tan sandy color with small dark rocks. Mitigation condition proposed: • That the applicant redesigns the faux rocks around the office to match the natural texture, shape and color of the hillside. 2. Pool: The original pool was 70 feet long with a concrete pad between the infinity edge. The exposed infinity edge totaled 43 feet. The new pool is approximately 190 feet long with 180 feet of the infinity edge exposed along the ridge. The edge is flat and unnatural on the hillside and can be mitigated by creating berming or mounding of rocks on the hillside in front of the pool. A similar condition was placed on the Eddie Babai's hillside home on Southcliff Road to breakup the horizontal edge of the graded pad. Mitigation condition proposed: • That the applicant construct a berm in front of the pool edge to breakup the horizontal edge. 3. Roof Structures above ridgeline: The main residence and pavilion roof structures are visible above the ridgeline and based on the angles of the roof the ceiling can be seen. The roof overhang will be designed with a copper facia and the ceiling will be made out of a natural wood. Screening of the roof structures would be very difficult, however, the color of the exposed ceiling may be conditioned to match the existing hillside. Mitigation condition proposed: 2 � , STAFF REPORT HDP/PP 04-21 AMENDMENT #1 OCTOBER 3, 2006 C • That the color of the exposed ceiling be designed to match and blend into the natural hillside. 4. Lighting: Lighting for the home, pool, pavilion, landscaping, sports court and office is a potential negative impact from the project. Home: the landscaping lighting plan indicates that there will be six up lighting fixtures on the decks of the south side of the home that will illuminate portions of the home. The up-lighting will cause a glow that may be seen from other properties east and south of the residence. The intent of the home's design is to bfend it into the natural terrain, therefore it is inconsistent to highlight it at night. . Mitigation condition proposed: • Any and all architectural lighting shall be prohibited from illuminating the residence and rock formations. Pavilion: portions of the main residence and roof stnacture are now visible which indicates that ceiling lights from the pavilion area may be visible throughout the City. Mitigation condition proposed: • Any ceiling lights in the exposed roof structures for the pavilion area or other portions of the home shall be prohibited. Pool: the lighting plan for the pool includes fiber optic lights that will illuminate the tile around the edge of the pool and water features throughout the project. The lights are covered and should not be a negative impact as currently designed. Mitigation condition proposed: • Lighting for the poof shall be covered or pointed down, no up-lighting shall be allowed. Landscaping: there are two types of light fixtures that are proposed within the landscaped areas. The lights are bollard fixtures that are 2 fvot high or lower. These lights are directed down and should not be a negative impact. Mitigation condition proposed: 3 � STAFF REPORT HDPlPP 04-21 AMENDMENT #1 OCTOBER 3, 2006 C • All landscaping lights shal{ be no higher than 2 feet with down lighting to ensure that there is no impact from landscape lighting. Sports court: currently the applicant is not proposing any lighting for the sports court. Mitigation condition proposed: • Lighting for the sports court shall be.prohibited. Office: when the office is being used at night the lights inside will illuminate through the window that will be seen throughout the City and parts of the Coachella Valley. Mitigation condition proposed: • That the applicant install blinds, or an alternative shading device, approved by the City to cover the inside of the window and that the blinds shall be closed after 8:00 p.m. Pacific Standard Time so that no lighting illuminates through the window. Due to the unforeseen deficiencies in the previous approvai of the project, unforeseen lighting issues may arise during and after the construction of the residence. Mitigation condition proposed: • Any approved lighting and illumination plan shall be modified by the City of Palm Desert to mitigate light impacts from the project. II. ENVIRONMENTAL REVIEW: The project was previously addressed with a Mitigated Negative Declaration of Environmental Impact and the proposed improvements and conditions are consistent with original approval, and for the purposes of CEQA no further review is necessary. III. RECOMMENDATION: That the Planning Commission recommend to City Council approval of HDPIPP 04-21 Amendment #1, subject to conditions. 4 STAFF REPORT ( HDP/PP 04-21 AMENDMENT #1 OCTOBER 3, 2006 � IV. ATTACHMENTS: A. Draft Resolution B. Comments from public C. Planning Commission Minutes, dated September 21, 2004 D. City Council Minutes, dated September 23, 2004 E. City Council Staff Report and attachments, dated September 23, 2004 Prepared by: C� � Tony Bagato / Assistant Planner Reviewed and Approved by: � � hilip Dre I ` Homer Cro� Director of Community Development ACM of Com ity Development N� DRAFY MINUTES PALM, DE,SE�tT PIr4i�N,IN,C, COMMISSIOy .. _ „ nCT0�3ER �. 2�OF, stated at the beginning that he wouldn't be in favor of it, but from the physical characteristics that were approved by the Planning Commission, he was aiso in favor of everything. So her vote stands. She approved it the first time and she would approve it the second time. Commissioner Tanner concurred with Commissioner Campbell. He said they looked at this project, looked at it hard, and decided at the time that they would send it to Council. Seeing that there have been some additionai concessions made by the applicant, he too would move for approval and send it back to Council. Chairperson Lopez also concurred. The applicant worked on iowering the height and concurred to send it back to Council for consideration. He asked for a motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tanner, approving the findings as presented by staff. Motion carried 3-1 (Commissioner Finerty voted no, Commissioner Tschopp was absent). IX. � It was moved by Commissioner Campbell� seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2420, recommending to City Council approval of Case Nos. PP/CUP 05-20 and DA 06-01, subject to conditions. Motion carried 3-1 (Commissioner Finerty voted no, Commissioner Tschopp was absent). MISCELLANEOUS Chairperson Lopez stated that he would be abstaining from discussion and vote on the first matter. He was unable to review the tapes, although he read the minutes, so he would not be able to participate in the discussion and asked Vice Chairperson Finerty to lead the discussion on this item. A. Case No. HDP/PP 04-21 Amendment #1 - HAGADONE FAMILY TRUST, Applicant Presentation of a resolution recommending to City Council approval of an amendment to a Hillside Development Plan 1 Precise Plan to expand the approved graded area from 38,000 square feet to 61,110 square feet for a residence focated at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course. C� DRAF`t MINUTES PALIV� DESER,T PLANNINC COMMISSI(�N . . . , _ . _ (�S:TOBER 3., �,�Afij Mr. Bagato explained that at the last meeting staff was directed to prepare a resolution of approvai, which was before the Commission tonight with two basic standard conditions put on every application. Going back to the origina! approval of the project and what staff was anticipating for the mitigation measures for the home and the design, and the public testimony, staff presented some additional conditions that the Planning Commission couid add at their discretion if they felt they were necessary for the amendment to the original plan. Since the applicant was asking for amendment to the original plan, staff felt these conditions could be added at this time. Some of the issues identified through the public testimony were related to some of the stuff seen in the photo presented in the Commission packets. The visibility of the office, the textures and colors of the rocks, the expansion of the infinity edge pool--right now it was flat where the infinity edge of the poo{ was going to be, the appearance of the roof structures above the ridge line. There was lighting discussion relative to landscaping and the pool and staff identified some other potential light concerns. With regard to the office, staff s major concem was that the mitigation measures put up don't necessarily blend into the hillside well enough, as it should. The rocks around the office are kind of straight and long where the hiilside has rocks that are short and rounded and the terrain didn't match the rock formation designed around the office. The coloring was an issue as well. It appears darker than the natural hillside. The hillside is kind of a sandy color with the rocks being a darker brown and in this case it was designed all as rocks so it's aU appearing dark brown and is kind of standing out and not blending into the hillside as weU as they thought it could. So there was a mitigation measure being proposed that the applicant redesign the rocks around the office to match the hillside with shape and color of the hillside. That was to address one of the office concems. Mr. Bagato said that the original pool that was approved was about 70 feet wide on the original grading plan and there was a break in between the pool of a concrete pad where about 45 feet of the infinity edge would have been exposed. This new pool was 190 feet long and approximately 180 feet would be exposed along the ridge. Right now there was a plastic covering around it so they couldn't really tell, but there's a dark line in the picture that's the infinity edge that will now be seen and put a flat line across the mountain which was not natural to the terrain. A condition that could be added that they were proposing was a berming or mounding in front of the infinity edge on the hillside. That was done on Eddie Babai's house to break up the flat forms of the house and the naRowness of the straight edge of his house. 7 DRAF'f MINUTES PA,�M,nES�RT P,�_ANN�NC.r(�MMISSIAy ... ., _. C�CTnE3ER, 3� 2AAR That mitigation worked well, so staff was looking for something similar that could be proposed or designed in front of that infinity edge. Mr. Bagato said that for the roof structures above the ridge line which were visible, there was no way to screen that and their concem was related to the coloring of the ceiling which would be under the roof. Right now he talked to the architect and looked at the material samples originally submitted and it was a natural wood material and they wanted to make sure in the final staging that there's a condition that makes sure that the ceiling is done with a material and coloring that blends with the hillside to the best of its ability given that it would be seen. The last issues related to the lighting for the project. He said they looked at architectural lighting for the home, the pool, the pavilion, landscaping, sports court and the office itself. For the home, there was about six uplights on the south side of the building. It wasn't visible from Ironwood, but could potentially be visible from the south side of Bighom and within Bighorn itself. Those were uplights casting lights onto the building and the rocks on the entryway. Staff was concemed about glow that might be seen from it. The Hillside Ordinance's goal is to b{end this house into the hillside and they don't want it lighted up at night. That was staff's concern and the mitigation proposed was that no architectural uplighting be allowed on the building illuminating any features of the building or the rocks themselves. For the pavilion, the roof lines coufd be seen above the ridge and with that ceiling there would be some ceiling lights. The applicant told staff that the original plans have been modified and there were a lot of fights approved in the ceiling under the construction plans and they reduced them themselves to try and cut down some of the lighting. Staff was still concerned. Until iYs built, staff was asking for a condition that the pavilion area lights be prohibited so that no lights will be seen glowing from the ceilings. On the pool, there was some fiber optic lighting around the edge of the pool underneath the tile. He understood it was covered and only illuminated ihe tile, but there would potentially be a glow from it. Hopefully by proposing the mounding in front of the edge, that would mitigate any glow seen from the pool. Staff was just requesting that no uplighting / decorative lighting come up from the pool as part of the conditions. Another condition was landscaping. Staff reviewed a landscape lighting plan that was submitted for the first time two weeks ago. A concem with landscape lighting was not to have any light fixtures too tall or too bright � DRAF�r MINUTES PALIV) DE,S��RT PI,.,Af�f�INC f;C1MM15SInN „ . _„ . ..... ,. . .. , _OrTnBFR,r, �i, 2(1t1R where light could be seen thrpughout the project. In the report, Mr. Bagato recommended a condition that it be no higher than two feet. In speaking with the appiicant, he thought they could agree with 3'6" being the max. Based on the design, staff felt it could be mitigated and there was another condition that kind of addressed all of the lighting. So staff proposed no higher than 3.5' for any landscape lighting. In various locations that couldn't be seen, they could potentially have taller fixtures. Staff just wanted to make sure they couldn't be seen once the temporary structure was removed since they didn't know what kind of lighting would be visible. Since the office itself was right on the ridge and there were still portions of the glass exposed, staff felt there needed to be some kind of shading device, either blinds or something the applicant coufd propose that could be installed inside the office and that the blinds would be shut and closed pretty much after 8:00 p.m. When it gets dark, they didn't want light from the hillside that could potentially be seen not just in the city, but throughout the valley because that was a pretty prominent ridge. Lastly, Mr. Bagato stated that the applicant indicated that there was no lighting proposed and staff was putting a condition on it that no lighting be put on the sports court so if there was lighting in the future, the plan would have to be amended. Due to the unforeseen deficiencies and issues that came up with the original plan, they just wanted to address any unforeseen lighting issues and a final condition being proposed was that any approved lighting and illumination plan be modified by the City of Palm Desert to mitigate {ight impaets from the project. That was to adjust all lighting concerns. With those conditions, Mr. Bagato said that staff was recommending approval of the amendment and that Planning Commission recommend to the City Council approval with the conditions proposed in the report. Mr. Hargreaves stated that the ability of the Commission to condition the particular amendment before them, the sports court, and go back and incorporate conditions that refer to the project as a whole is somewhat in dispute. He had conversations with the attomey for the applicant and he thought they both could agree that they are in a gray area. Mr. Hargreaves' interpretation is that there were two reasons. Coming back for an amendment to the original approval opens up the whole original approval. The other one is that with any particular project they can require conditions that mitigate the effect of that project. !n this case, they were asking for an � DRAFY MINUTES PAL� DFS�RT PLANN'N�, �►nMM�S���N _ ._ . .. „.. , . ....,_. .00TnBFR,�;, ?�OR expansion to the disturbance of the hiliside, so they were conditioning on mitigating some existing disturbances to the hilfside in the same way when someone comes forward and wants to disturb endangered species habitat, they require them to mitigate somewhere else. That kind of a nexus. But he wanted them to be aware that the applicant didn't necessarily agree with the City's ability to go forward and condition, but Mr. Hargreaves didn't think they were going to strenuously contest that this evening. The hope was that based on the comments and concerns of the community between now and when this gets to the City Council there would be some dialogue where some of these issues can be addressed and they can figure out what is realistic in terms of dealing with the issues that are of concem to the commu�ity and hopefully not end up in a big dispute on this. Vice Chairperson Finerty noted that this wasn't a public hearing, but since Mr. Bagato gave a staff report, she thought she should ask Mr. Barlow if he would like to speak. Mr. Hargreaves said that was correct and thought she could open it up to the audience, too. Under the Brown Act that has been our policy. Even though it isn't a public hearing, people can speak with respect to items on the agenda. Vice Chairperson Finerty asked if the applicant would like to address the Commission. MR. JOHN BARLOW came forward and thanked the Commission for sorting out the issues in the public hearing and the approval focusing on the 13,169 feet that was the area of question in front of them. Their approval motion appropriately pointed out two areas of concern that they also fee{ are appropriate. As to the landscaping, which was one of those concems, they were very comfortable in stating to the Commission that they would not see any landscaping in the area in question. This was primarily due to the design that the Hagadones have elected for the entire site of oasis of flowers, lawn and water. The original landscape plan that was presented and approved with a building permit had numerous palm trees. All of them have been removed. So that portion of the reguest that was in the approval finro weeks ago he believed was easily accommodated. As to the lighting in the new area, ali the landscape lighting was low as Mr. Bagato indicated and less than four feet. He had a photograph of a custom bollard that they actually designed. lt was essentially a piece of art and they made a fu{I-scale model and it was sitting on a pallet at the job site. The only lighting within it was the down light. It 10 DRAF`�' MINUTES PALM.,[�ES��tT PLAWNJ�C„CnMMISSIf�N. - - - — �- - - _ . . _,,. �CTnKER 3, 2��R was a very low-key fixture that sits back far enough away from the poo{ edge, about 20 feet, to where with the geometry of the pool edge straight out they would have to be somewhere between Highway 111 and Country Club to even be able to see it because of the angle of the sight line. That fixture did not provide any direct light that they would see because all the lighting they reviewed with staff is down lighting in the landscape areas. They submitted the landscape plan he had with him to staff in August. They taiked about it before the public hearing and met again yesterday and reviewed it again. He believed they have adequatefy demonstrated that none of the lighting in the area in question is visible. As to the landscape lighting, they had presented the lighting also to Bighorn and received their full approval of the lighting, including everything on the landscape. So he had that as a submittal to tum in tonight. (The letter was submitted and is on file.) He stated that the Bighom letter said, "The Bighorn architectural and landscape control committee has reviewed the landscape lighting plan submitted on behalf of Mr. and Mrs. Duane Hagadone. The lighting plan appears to be consistent with Bighorn's design guidelines and is therefore approved as submitted." He said it was signed by Joyce Wilkie, coordinator for the Bighom Architectural Landscape Control Committee. Mr. Bariow said that in addition to the areas that he just pointed out that accommodate the two conditions that were in the motion, he wanted to talk to the Commission about other commitments that the Hagadones have made that he believed would help ease some of the concerns that have been raised. As he said, all of the landscape lighting is of the same type he just described in the new area and it is essentially down lighting lighting flower beds, pathways and walkways. The number of lights in the ceilings of the office and pavilion that are part of the building permit that they received, and are shown, have been substantiaity reduced and eliminated. In the office, for example, the building permit plans show over 50 light fixtures and there were somewhere near half that in the final design. In the pavilion, it was closer to over half that have been eliminated. But the staff comment that all of the lights in the pavilion be eliminated would eliminate the 11 DRAF'i' MINUTES PALM DESERT PI.ANNINC C(�MMISSION . (�CT(�BER, �y 20Ag use of that area which is a substantial part of the home that was already permitted in the prior building permit in the prior approvals. They believed that would not be appropriate to have an area with no function since there was no light and it would be an extreme safety hazard. But the lighting that they utilize in all of their design light objects in spaces (i.e., the top of a tabfe) rather than the entire area. That was one reason they have fewer fixtures. But when they light objects and not spaces, there is a lot less ambient light that spreads out beyond that. It just happened to be the way the Hagadones like to live and was how this home was designed. So it eliminates a great deal of lighting that has been approved in the previous permits and he believed helped accommodate the concern they had. With respect to the pool, Mr. Barlow said that most of the cover was removed yesterday as part of their plan for when the weather finally broke they could take it down and it was removed. They spent time today looking at the site from below from many different angles and the pool edge was really not very noticeable at all. But they would like to volunteer that they will be able to put at the back edge of the pool some larger stone as they complete the backfill that they believe will break up that straight line that some people have talked about. So with that, that concem should be taken care of and they feel very good about it from both sides. Also, the staff reported that there was edge lighting on that pool and he said there is no edge lighting on the pools at the edge of the site. The only edge lighting are in interior pools that are well within sight of the structure. The only lighting of these pools is horizontal, standard pool lighting that lights the water. There was no vertical pool lighting from the bottom up, so it was their belief that there would be little if any light emanating from those pools from below. Mr. Barlow said they believe they have addressed the two issues requested and placed upon the 13,169 feet approved two weeks ago. They feel they have also demonstrated additional mitigation efforts not to mention as discussed in the hearing all the time and effort they have put into the o�ce and the office rock. They looked at the office again today and looked at it the day after the hearing and frankly, they do not agree with the assessment that it is a different color. They think it is very close and they were with their architect and have a lot of con�dence with him and know what they saw. It did not have a different appearance. They also studied it from The Reserve, from 12 DRAF`f MINUTES PALM DE�ERT, PI.,ANNING C,nMMfSSInN . , . ,. ., nCTOBFR 3,� 20Aft, many {ocations, and they didn't agree that it isn't blending in. That was for voluntary mitigation at a cost of over $350,000 that they feel greatly improved the image and they were done at their cost on behalf of themselves and those that live in the neighborhood. Mr. Barlow said they also believe that the o�ce is as permitted and is as approved in this hearing two years ago. So finally, they would like them to piease allow the project to be completed before it gets assessed as to color and shape. All of the building features they see, they could now get a good idea from the Bighom side their colors that naturally fit the pallet of that hillside, the coppers, the copper colored stone, the pink in the pink of the hills, there are oranges, and they were all in this building. They went to great lengths to do that and blend it in. Naturally today they see plywood, plastic, edges that haven't been covered or completed and haven't been coated and he thought it was unfair to judge the project at that early stage when they know how it will look. Again, if they go to the tournament at Bighom next week, they could see from the inside what it will look like because most of that side is completed and they woutd see how it blends into the hillside. And actually they hoped at the end that they would be as proud of it as they are because they think it will be a fine addition to this community. He asked for any questions. There were none and he thanked them. Vice Chairperson Finerty asked if anyone wished to speak. MS. MARIE MACK, Attorney for ironwood Master Association, stated that she submitted a letter before the opening of the hearing just reiterating the Association's stated position that they oppose the approval of this project expansion; however, at that time she was unaware that staff had proposed these very important mitigation measures. Having seen them, they support all of them and urge the Commission to adopt these mitigation measures all as proposed by staff, which they thought would hugefy alleviate the problems created by this project. She didn't think if they went and looked at the minutes of the Planning Commission hearing and the City Council hearing in 2004 with their staff report where very express representations were made by the applicant about how well this project would blend into the mountains. That wasn't what they saw today and she didn't think they could take the applicant's voluntarily representation that they are going to cooperatively make sure that happens through project completion. They had an opportunity now to condition it and didn't 13 DRAF�r MINUTES P�►LM D�,S�Rj �1.A1�NINC (;nMMISS�ON, „ , ,. ., _ , . , . , n(;T(,�,�3FR 3; 20(1� hear the City Attomey saying they couldn't and she wouid just urge the Commission to do it. She thanked them. MR. JOHN NICHOLSON, representing the owner, stated that he was the attomey Bob Hargreaves spoke about earlier. He said they viewed their role to be a cooperative one and thought they had demonstrated that they are trying very hard. They worked with Ironwood, worked with Marie Mack, the attorney for Ironwood, on submitting plans for the voluntary mitigation. They were told they look good and thaYs why they proceeded with them. Yesterday they spent a good amount of time talking with staff. They plan to continue to do that. He said Mr. Hagadone is committed to making this project as compatible with the community as he can and Mr. Nicholson thought the middle ground, instead of adding new conditions, relying on the administrative ability of staff to go forward with the owner because there are codes that apply to things such as lighting and they were working with staff to comply with those codes. So they didn't believe there was any need or actuaf ability of the City to go ahead with additional conditions, but their bottom line position is they are going to work with staff to complete this project consistent with applicable codes and regulations. He hoped that could help alleviate some of the concem to the Commission. MS. KIM HOUSKEN, 73-237 Somera, said she was actually present for the Larrea hotel, but what she found so interesting was coincidentally she was here two years ago the night at least three of the Commissioners presented tonight voted on this project and what she recalled about the night was how little discussion there really was. Everyone was trufy impressed that this was a huge house but would blend in so well. She believed the one concem was the reflection of the light and rem2mbered it being said that there would be big overhangs and they would not see the light and so on. She lives down by Ironwood Park and even from where she lives she can see this house on the hill. She just wanted to pose the question of how they got to this point. What happened and where was the flaw in all of this? She heard the applicant claiming the voluntary mitigation. She recalled that they were going to be building on the rocks, not adding rocks. She thought there were rocks there that were going to be built around. So she could ce►tainly share the sentiment of the attorney from Ironwood. 14 DRAFY MINUTES PAL�4jI.DESE�2T P�.ANNINr. C�MMISS�nN , OCTnBFR 3� 2(1(lFr, They were all told this would be a wonderful project and they wouldn't see it, they all agreed and look what they had to look at today. She certainly thought it was absolutely a great idea to condition things. Ms. Housken heard Mr. Bagato mention changing of the pool. She was just curious how things could grow in length. They were doing a smaN addition at her house and wanted to add four more feet and had to jump through a lot of hoops here at City Hall to add four more feet. She didn't see how a pool triples in size and no one seems to notice and now they have this huge infinity line of a pool that they will now have to disguise with rocks. So her concem was how did we get here, which they coufd probably be here all night trying to find that, and how can they prevent this from happening again? Where was the flaw and how can they resolve this? She was sure they tried their best and could certainly sympathize with the Ironwood residents because they weren't present at the meeting that night. This was supposed to be a beautifuf thing, it would blend into the hill and no one would see it. She thanked them. There was no one eise wishing to speak. Vice Chairperson Finerty asked for Commission comments. Commissioner Campbell stated that at their last meeting in September this project was approved 4-0 with Chairperson Lopez absent. The only condition that was imposed at that time was by Commissioner Tschopp adding that any water features and landscaping proposed for the extended grading area, make sure that the fighting and landscaping elements do not impact any surrounding areas. That was the only condition imposed at that time to be added. Since there wasn't a resolution prepared for them, she would go ahead and move to approve Resolution No. 2421 conditioned the same as their September meeting and disregard any conditions imposed by staff at this time because as they could see from the developer, Mr. Barlow stated that they are working with staff to make some of the proposed changes compatible with the area right now. That was her motion. Commissioner Tanner agreed that they passed it 4-0. His question at this point was the City Attomey made the comment that they might be doing this in vain. He asked if that was correct. Were they really in a position to make that and vote that resolution if in fact they were operating in a gray area? Are they there to approve that resolution? Mr. Hargreaves believed they were able to do that. It fit into his understanding of the law, but he acknowledged that there is a disagreement and a gray area. Also, what the Planning 15 �RaFr P INUTES , , . , _, . _ A,LIV�„DESERT PI.ANNINC, C(?,MMISSI(�N _, . . . , . ,.. OCTnBFF�.3j 20AF Commission was doing was a recommendation. it goes to the City Council and what the City Council does is what is going to count. So in a sense, he wasn't going to say what they did was in vain, but they were advising the City Counci! and thaYs where the real decision will be made. Commissioner Tanner said in that light, as Commissioner Campbell said, there was one condition, and he applauded Commissioner Tschopp in suggesting this and that was the lighting. That was an issue. That expanded grade, if Ironwood and surrounding areas were able to see any lighting coming frorr� it, any type of intrusion, then they were definitely not for that. Apparently the mitigation process is well in hand and they are doing what needs to be done, so he would be in favor of approving the resolution as it stands before them. Vice Chairperson Finerty said the morning after their vote to allow this increase for the sport court and extra landscaping, she had gone back and got the actual minutes, the verbatim minutes when the City Council approved this project back on September 23, 2004. She wanted to read a few things from it. A statement was made by Mr. Barlow that, "Mr. Dryer, the architect, has very successfully, in our opinion, achieved both ends of the spectrum from the standpoint of whaYs important to the Hagadones. They have a home that has open features, the water features, the living spaces, that they want to enjoy and at the same time because of the setting, because of the way it is designed, it's hardly noticeabfe to the public." A little further down he talks about the community design and views, the spirit of the hillside ordinance that we have to protect these views. And lastly, Mr. Barlow talked about it being nearly invisible. Her concem, as she said two weeks ago, isn't what they can't see, it's about what they can see. This house was approved 5-0 at Planning Commission and at the City Council because they believed what they were being told and what they were being told is that it's nearly invisible. But today what they have is very visible and the hillside has been disturbed and they look at the o�ce. She understood the Hagadones' willingness to put up the faux rock to try to cover up the office and she goes back two weeks ago when Mr. Barlow showed them the pictures before the faux rocks and after the faux rocks. She thought that evening that he had taken a bad situation and made it worse. So she was trying to figure out what they can do when what they actually voted for is not what they got. At least a po�tion was not what they got. So she asked staff to look at conditions because she felt that what they voted for has been very disappointing, not only to her but people from South Palm Desert, Ironwood, The Reserve and other developments. 16 oRaFr MINUTES PALM DESEFjT PLANNING C(�MMISSInN . . C�CTOBF,R 3,� 2At16 Vice Chairperson Finerty felt strongly that they need conditions, and it may be because they've never had a house built this big before, and someone asked how did we get here? Well, they got here based on certain representations that they thought, which were in large part lived up to, but they've got a couple of glaring representations that were not lived up to. They got here because of a grading plan that was submitted at 38,000 square feet and in reality was 45,000 square feet, but that was not caught. They got here because a pool permit was issued before the plans were reviewed. And they got here in large part because they believed that this wasn't going to be visible. She understood that the Hagadones were willing to work with them and she understood from their attomey, their counsel said they are willing to work with us and with staff. And thaYs precisely what these conditions are for. It's to insure that they do work with staff and that they do have some recourse for when a project is represented and then what we get is different. The faux rock around the office needs to be addressed, She didn't know what the answer was and was comfortable to try the condition as suggested by staff, but she did know that it was anything but natural and it was anything but blending into the hillside and anything but visible. She would move that they adopt all of the conditions and recommend them to City Council. Commissioner Campbell said they now have two motions. Mr. Drell asked if there had been a motion and a second yet. Vice Chairperson Finerty and Commissioner Tanner said no. Mr. Drell said that until there is a motion and a second, there's no motion. Commissioner Campbell again said there were two motions. Mr. Drell noted that there was no second and suggested trying one motion at a time. Vice Chairperson Finerty indicated that Commissioner Campbell's motion was first. Action: Commissioner Campbell stated that her motion was to go ahead and just to condition the project as stated by Commissioner Tschopp at their September meeting and disregard any conditions imposed by staff at this time because Mr. Barlow, or the developer, was working with staff to go ahead and make some of the changes proposed and to go ahead and make the changes that wouid be compatible with the mountains, the lighting and everything had to be approved by staff anyway with the ordinance. So she didn't feel that any of these conditions should be imposed on the developer at this time if he is working with staff. Commissioner Tanner asked if that was her motion. Commissioner Campbell concurred. Commissioner Tanner seconded the motion. Motion carried 2-1-1 (Vice Chairperson Finerty voted no, Chairperson Lopez abstained and Commissioner Tschopp was absent). 17 oRaF�r MtNUTES PA�M DFSE�R7 P�.A�VNINC CnMM1551nN . „ . . , , nCTnBEg �� ?(�Ofi, It was also moved by Commissioner Campbell, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2421, recommending to City Councii approval of Case No. HDPlPP 04-21 Amendment #1, subject to conditions as amended above. Motion carried 2-1-1 {Vice Chairperson Finerty voted no, Chairperson Lopez abstained and Commissioner Tschopp was absent). Chairperson Lopez resumed being chair of the meeting at this time. B. Request for initiation of a Zoning Ordinance Amendment relating to Commercial and Residential Condominium Approvals. Mr. Drell explained that in the tast six or eight months staff has had either inquiries or applications for conversion of probably 15% to 20% of all the apartments in the city. That probably included the best apartments in the city. So given the fact that we have absolutely no regulation whatsoever relative to condo conversions, staff thought it would be wo�thwhile to at least look into that and into setting up some sort of regulation or process to deal with how tenants are treated, when and if they should occur, etc. Mr. Smith said the only other matter staff was possibly going to consider was with respect to parking and making it consistent with apartment projects and looking at some clearing up some existing de�ciency as to whether it's a conditional use or an outright permitted use. The current ordinance is silent on it. So there are fots of things they could clean up with this and asked that Commission direct staff to so proceed. Commissioner Tanner said it was tough to comment on something they don't know about. Mr. Drell reiterated that aN Commission was being asked to do was direct staff to initiate the discussion and it would come back to the Commission as an amendment with a hearing and they could vote it up or down. Commissioner Tanner asked for and received clarification that Commission would have time to review this. Actio : It was moved by Commissioner Tanner, seconded by Commissioner Campbell, by minute motion directing staff to set the matter of commercial and residential condominium approvals for public hearing. Motion carried 4-0 (Commissioner Tschopp was absent). `F:3 � M{NUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 C. REQUEST FOR RATIFICATION OF CONTRACT FOR PROFESSIONAL SERVICES RELATED TO PERFORMANCE OF A FEASIBILITY STUDY FOR THE PROJECT KNOWN AS ELDORADO WEST (CONTRACT NO. C22970, PROJECT NO. 642-01). Mr. Ortega reviewed the staff report and recommendation. Councilman Ferguson moved to, by Minute Motion: 1) Ratify award of the subject contract with Terra Nova Planning 8� Research, Inc., Palm Springs, California, in the amount of $142,525; 2) Authorize a 10% contingency for the project — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Crites, carried by a 5-0 vote. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1072 - AN ORDINANCE O� THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING ITS ORDINANCE NO. 855, AND ESTABLISHING A NEW PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE (Continued from the meeting of August 26, 2004). Councilman Ferguson moved to continue this matter to the meeting of October 14, 2004. Motion was seconded by Benson and carried by a 5-0 vote. XVI. OLD BUSINESS None �► XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OPEN SPACE PUBLIC RESERVE TO HILLSfDE RESERVE (1 DU/5 AC), A CHANGE OF ZONE TO PRE-ZONE THE NORTHEAST CORNER OF SECTION 5, T6S R6E, FROM RIVERSIDE COUNN'S N-A (NATURAL ASSETS, 1 DU/20 AC) TO HILLSIDE PLANNED RESIDENTIAL (1 DU/5 AC, WITH A DRAINAGE, FLOOD PLAINS & WATERCOURSE OVERLAY ZONE);A HILLSIDE DEVELOPMENT PLAN/PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 32,016 SQUARE FOOT SINGLE-FAMILY HOME; ADOPTION OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE PROJECT THERETO; A RESOLUTION REQUESTING LAFCO TO TAKE PROCEEDINGS FOR PALM DESERT ANNEXATION NO. 38 Case Nos. GPA 04-02. C/Z 04-04. HDP/PP 04-21 (Hagadone Family Trust, App(icant) (Continued from the meeting of September 9, 2004). Pfanning Manager Steve Smith reviewed the staff repo�t and offered to answer any questions. He noted that the Planning Commission on Tuesday 10 ( MINUTES REGULAR PALM DESERT CfTY COUNCIL MEETiNG SEPTEMBER 23, 2004 evening unanimously recommended approvai of all of the appfications. He added that the Architectural Review Commission also reviewed the plan and recommended approval. Mayor Pro Tem Crites noted that approximatefy one acre of the 4.84 acres would be taken out of open space to be used for housing. He said in the County, when someone takes a piece of land out of open space, they are required to in some way mitigate for that, and he asked if something was being done along those lines with this piece of land. Mr. Smith responded that this was property previously owned by the Water District and zoned open space. There would still be well in excess of the typical 3 to 1 ratio of land dedicated into open space through the conservation easement. Mayor Spiegel declared the public hearing open and invited testimony from the developer. MR. JOHN BARLOW, Trustee with the Hagadone Family Trust, spoke as representative of Duane and Lola Hagadone. He said a lot of time and effort had been spent in making this project very specia! and compatible with the site and the setting. With regard to the question raised by Mayor Pro Tem Crites, he said 4.13 acres would go to the City in a conservation easement, which is about a six to one ratio. He added that a good portion of the .71 acres that is within the building portian was a buffer for them to use for construction so the would not get into the area that would be dedicated. The actua{ part of land that would be developed was an even smaller fraction than the .71. He noted that every step of the way they had been conscious not just of their own design and desi�es but of the community design and views and the spirit of the hillside ordinance that protects these views with �espect to color, texture, etc. Councilman Ferguson said it was his understanding that Mayor Pro Tem Crites was pointing out that there were five acres of land that currentiy is not in the City which, for all practical purposes, would never be developed and did not really have a use. The developer was taking a small portion of it and offering the balance for that which it already is. He said he did not think Mayor Pro Tem Crites was bothered by the amount of land being taken; it was just the precedent that generally does not allow net reduction in open space as part of these transactions. He asked if the trust would consider making a modest donation to an acquisition fund for open space in an amount equivafent to fair market value for the .71 acres that were being taken, and this would preserve the precedent of not having any net reduction in open space as a result of this annexation. 11 t, � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETlNG SEPTEMBER 23, 2004 MR. BARLOW responded that the 4.84 acres was currently within the County, and the City would gain 4.13 new acres of land that would have a conservation easement to prohibit anything being done on that land forever. He said in their eyes, there was already consideration that had been given to the City. Upon comment by Mayor Pro Tem Crites that the land was already zoned open space, he said City staff was very excited because this was a piece of land that was not part of the reserve, and because of what the applicant was doing, it would now become part of the Bighom Reserve. MR. CARL CARDINALLI noted that his �ecollection from discussions with Phil Drell were that the property itself was not part of Bighom Sheep habitat. Terra Nova came out and did an environmental assessment because this 4.84 acres was outside of the project area of Bighom. At that time, the land was not part of any habitat area, and the analysis requested and proposed the mitigation for the use of this portion of the 4.84 acres to be placed in an easement to be kept in its natural state in perpetuity. A representative of the California Department of Fish & Game came out and looked at the area proposed for use and commented that it seemed that the area being proposed for use was just a naturai extension of what the homesite was, and putting the balance into a conservation easement of this so�t captured it for Bighorn habitat forever. Councilmember Benson questioned what measures would be taken to make sure there is no glare from the roof and that it is not visible as someone drives into the City MR. BARLOW stated that the material to be used would be patina copper, which is the same type of material on the roof of the clubhouse at Bighorn. He said itwould not have the shiny effectwhich Councilmember Benson was concemed about. MR. GUY DREIER, Mockingbird Trail, Indian Wells, further explained the proposed roof material to be used, noting it was an acid washed copper that eventually goes bronze, and this was close as they could get to the color of the rocks. Councilman Ferguson asked if any analysis had been done from a viewpoint north of the Bighom Development and Highway 74 and what, if anything, would be visible from those vantage points. Mayor Pro Tem Crites noted that he had met with Mr. Cardina{li earlier that day out on Highway 74 by the Bighorn Institute, and story poies had been held up so that he could see what, if any, of this project would be visible. He said the project as proposed was less visible than some of the existing structures at Bighom on the other side of the Highway. 12 �,. � MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 MR. BARLOW further described how the project had been designed to mitigate view impacts. Mayor Spiegel invited testimony in FAVOR of or in OPPOSITION to this project. With no testimony offered, he declared the public hearing closed. Mayor Pro Tem Crites noted that his convems with regard to the �oof materials and view impacts had been responded to; however, he was still concemed with precedent being set with regard to having a net even balance in terms of open space. He felt this was a cemaskable project, and the fact that the devetoper had done all the work and would actually be building walls of rock outside the project had done a great deal to safisfy what could have been a contentious set of issues for him. Councilman Ferguson concurred with Mayor Pro Tem Crites and said he had never before seen anything quite like this. A considerable amount of time and money had been put into this project, and he was very happy with it. He did have a concem with regard to the net reduction in open space, but he knew Mr. Hagadone well enough to know that he could address that with him when he gets back. Counalman Ferguson moved to waive further reading and: 1) Adopt Resolution No. 04-95, approving a General Plan Amendment from Open Space Public Reserve (OSlPR) to Hillside Reserve (R-HR), 1 d.u./5 acres for 4.84 acres in Section 5, T6S R6E; 2) pass Ordinance No. 1077 to second reading, approving a change of zone from Riverside County=s N-A (Natural Assets, 1 d.u./20 acres) to HPR, D(Hillside Planned Residential, 1 du/5 ac, with a Drainage, Flood Plains & Watercourse Overlay Zone) for the prezoning to facilitate annexation to the City for 4.84 acres in Section 5, T6S R6E;3) Adopt Resolution No. 04-96, approving a Hillside Development Plan 1 Precise Plan to allow the construction of a 32,016 square foot single-family home, and adoption of a Mitigated Negative Declaration as it relates to the project thereto; 4) adopt Resolution No. 04-97, requesting LAFCO to take p�oceedings for Palm Desert Annexation No. 38. Motion was seconded by Crites and carned by a 5-0 vote. B. CONSIDERATION OF THE VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS OCOTILLO DRIVE NORTH OF GRAPEVINE STREET (George and Sara Buono, Applicants). City Engineer Mark Greenwood reviewed the staff report and offered to answer any questions. Mayor Spiegel declared the public hea�ing �en and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. 13 R��; �� i�VED str z z �2oos _. _ -_ Pala► Desa�c city council palin Desert City Pianning Department Ladies and Geirtlemen, ..n�M,�•�;�•�•;� �"'L�°11"eVT`lr",PAR'fMENT S�Si�rib�����1�- _RT I am a residsirt xnember of Ironwood Country Club and I apologize for aur outbursts and wallcing out of the rcceirt Couacil Meeting. As you know emotions are ninaing very high co�cerning the Hagedone Tnist Bighorn project. The Fact that you as a group was in favor of further rewarding tlus.out of control project with an additional parcel of land to i„,a:.�.y� t�e size af the project to over 6 times ttn guide Iines recarttmendations 'is ynimaginable! The project has tiwinbed its nose at all ruies and approvals aad has done whatever it wanted to do wit�+out any �ontrol of the City. I cannat believe that at every win t}us project has talcen any Iand they needed and as the infraction was not caught uniil the work was fuushed; it's A ok! Let us laok at the euors, results, and totsi ciisregard for rules and guidelines from tiie begicw.ing. 1. 2. 3. � 5. Desecration of the ridgelin�e without consideration of what Ieveling of the iidgeline and.adding the stnutures would do to the naturat ridgetine. Cranes were destroying that ri�dge faar w�eeks without any word as #o whax was gaing onI 'The sunrey was imbrreet and use�d considerably mar+e land ti�an waa indicatui on the su�rvey plan. The errnr was not found until the project bad been well under way, a�ad arcort�ingly ailowed to continue. 'T�e rock otiice ,iufinity "Diss�eyland "pool tile wall {Exbensive), and vario�s roof-t+�s are visible in plaee of the oace na#�el ridgeline. The fact t�at the zoofiag materials came fram woriciwide import and sre very expensive is of lit#le concem as they still destroy the ridgeline! The wad�r fieat�u�es of pool, canals and fish pond have consumed a great d$al more ]and t}� agr+eed vpon but it was nnt checked before it was fini.s�hed, so this too is just fine� The addition of the su�osediy iiot usable land ta be used for pianters and a sport court is nov�r requeste+d and cxrtainiy neec�ad to coinplete this "Neverland Ranch": It is not the iand but to reward t3�is exc,ess in abu.se of t}�e setting, ignoring how it effects so many otheYs is noi in a position ta be rew�rded fiuther. h will be great to look up on that ridge all lit up for carnival each night 8t ]aiow th�i that it was all au�complished by their pushing and sho�ing and ignoring all rules. i hope that this dves nat lead to every project that learns of this does noi take th$ satne route end just do as they please. For everyone's sake put some teeth in the guidelines and ' check these pot;entially in fraciious projects befoxe they are too far along io correct! Thank you for listenin�, and please talce some pasitive action to prevent more of these uncontrolied disasters! Watdo H. Shank 73 i 31 Ajo Laa�e Pa}m DeseTt, Ca. 92260 ,- �"' �� � .. � , - �i� ' - �' -- c� _____._ � Drell, Phil From: Sent: To: Subject: jwiggins@jhwiggins.com Wednesday, September 27, 2006 4:31 PM Drell, Phil Hagadone Addition To Whom it May Concern: As a full time resident of Palm Desert I am very dismayed daily w the intrusion which the Hagadone residence has made upon our comm to the beauty of our magnificent mountains. It is noticibly one dominates and breaks the natural beauty of our mountain ridgeline. protect animals and plantlife. Please act to protect for your co the natural ridgeline and beauty of our mountains. I ask that yo all further requests for expansion of any kind to the Hagadone re One man's home should not be given precident over so many that obj this expansion. Sincerely, hen I see unity and home which We nstituents u decline sidence. ect to Peggi Wiggins Drell, Phil From: jwiggins@jhwiggins.com Sent: Monday, September 25, 2006 4:29 PM To: Drell, Phil Subject: Hagadone Addition Dear Board: I am a resident of Palm Desert, CA. I can view the Hagadone property easily and frequently do. It distressed me to see the skyline disrupted by man-made construction when the construction was first begun, especially when we were constained by the big horn sheep, lambing or rutting ordinance when trying to construct a home just below this property. Shouldn't the city abide by its own rules, as we did with the sheep issue, and make it mandatory for all properties to follow them? How can Mr. Hagadone get special preferrence re (1) building on the ridge in the first place and (2) now enlarging that development in the second place? I ask that you you follow your own rules and not approve the addition. Respectfully submitted, John Wiggins 1 2 0o-1Q-06 04ti61p� PrarGURALNICK CILLILAND +T60564i06a T-144 P.O1/02 F-��2 G�LTRALTTICK & GIL.LIi.ATVD, �.Lp ATTONN�YlwTLww wT7opNEYs S�1lV�MG COMMUNITr AlSOClATIONS P�QAS! R!f!R TO FILE +�i ��-30o MiOMw�Y 111, SUITE M PAI.M OESERT, CALIFORNIA 92260 TELEPHON� (780) 3�0-tsls FACS1h11LE (760J 58a-309� E-IAA1L. M�r+�B�GGhOALAW COM Sepumber 18, 2004 Plaonia� Commissioners Ciry uf Palm Descrt via fac�ipaile only (760) 340-05�4 , , , ite: C�� Na. HDP�PP 04-Z1 Am�admcut �1- H��daae F�a�ly Tcust He�trin� D�te: Scptreaber 19, 20p6, 6�00 p.m. Dcar Commissioners: n o �v 1 � �� � z r;° � N� .V �< Ntri S -�OQ t � N � � � �� A► r^ 'Y'his law firYa rrpresents Ironwood Mast�r Aszacis�iioa. Tha Ironwood Mzsur Association represeuu thc iri�crescs efthe Ironwoed Country Club homeowners assoeiauons withia ltonwood Couutry Club aad their iwmcowner �nembers. The Ironwood hamcowncra have bern v�ry vacal ia oppositioa w the City�s approva� orche HagadQnc proje��, which has beco� a very prominznt inuusion apon the prcviously undisturbed mountain ridge vist$s oveslooki�ag konwood Counory Club. Ironwood Mastr.r Association's position is that the Ciry ot'Palm Dcscrt mad� a serious ertor in approvin� the Hagndo�'1e projtx�. The resideins �f Irvnwvod bciiavc �i ihe Hillside Planned Residential dcvelop�nent stanci�rards (P.D. Z.oniaQ Ordinance Scctian 25.13) ought tu have bezA applied in harmany with �ir siated intentiop w prescrvc tbe natural hillside rurain to the grcatesc exunt possible consisunt with sensitivr development, and to preservc scrnic mounsaiA vistas. Tha Hillside Plaru�d Reric�ential Disrrict ardinance provides: "The i�trru und purpose of tht hil�sidr planrrrd rr�identra! districr is: �!. To enc��rugr only mininral groding in hillaid� cuecu thqr relates to rhe natural ca�taurs of the larrd Qvoidi�g eztensive csrt and�iJl �luprs rhar �rs�lr in a poddtng or sraircase efj''ect within thr drvelop�rrenr,� B. Encourage archi�ecrurr dr�d lun�rcape deslgn which blerids with thr n4iu�ol r�rraln ro rhe grrate�r pructicQl extent; � ' � C. Rr�ain And protect undtstr�'bed vit�v�heds, nat�ra! la�rdmarks a�d f�aikr�s including vfstu� ancl rhr narural skyllae a.r inregrat �lrmrr��s in davelopnro�t propvsals in h�llsick areas '' . , . , . � . . R�c�lwd s.�-�e—os oa:5np� Fron�-+T80b683068 ta-PALN DESERT CITY CLE Paa. 01 04-19-Oi 04�61� Fra-GURALNICK GILL{LAND G�.iRA�.NICK & GILLII..A,ND LLP Sepu�aber 18, 2006 Planting Conuuission Ciry of Palm D�9trt �: e�� rro. HpP/PP 04-21 Hc�riag Dat�: Sepunabes 19, 200b 6:00 p.m. +760664706� T-144 P.02/OZ P-9�2 As such, the praject applicant'� request to retroactively approve a�ading expat�sion which is 50,000 square fect largcr than that contemplaud by �he Hillside Developm�nc Plsaaed Rasida�rial Siar,dards, w a tota� 61,I00 square feet, �nd 16,2g0 additional square feet beyond tho Cit�'s existing npprovala, is gsosaly oxcossive. Iinnwood Master Assoeiarion is awarE �at t2u �rading expaAsioa bcyond ihe pnviously �pprovcd �t purportedly will be below t�ie ridgclinc (�oT ir�eludiag the pool, whieh is complrte and which is vis�blc below the rid�e line), and therefore is not anucipaTed To irapact scCnic mo,uataia vi�ss beyond that p�eviousa,y aDpmved by the Ciry. Nevertheless. Iranwood Master Association urges the Commissior► cwiforAa to the goals of tbe Hillside Dcv�lo�pinent Re9ideati�l dcvclopment st�ndnrds by confinia� thc graded are� tn tl�xt previo�ly dpproved. The Ciry cicarly errcd in approving a projcct of tbis uiagnitudc� which is naw appa=cai seein� the pmject in proccss finm cbe perspective of Isonwood. lronwoad is coucemed that fus�}ses sueuhing of the Hillsidc Developmenz Rcside�tial suludard� bcyond their intenrion cseates ou exeappon t�t dcvours thd rule, sutd s very bad preced�ut for future hillside projecu i�t iht Hill.sidc Platu�cd R�sidential District. Although the sports eourc, water features �ci Isr�dseaping propo3ed for rhe �xpanded grnded nrea da aot at this tunr appear to include either li�hhting or landscape elements that would impacr sccnic views from below. Ironwood Master Assnciation urges thai in tt�e eveAT That the Commissioa is iaclirud to pera�iz tiu expansion, chac the Cotmoaission te make a condition of approv�l rhnt such cicmeAts are forbiddert. �: Al�lwu�kh ibe Ciry's z�niug elearly penn�ts developmeni in the Hillside Rcsidcnrial Arvelopment Disuict, � Ciry should be very conservadve in perniining permanent alterauons to The natural mountain urrain. The Ha�adone Project has akcady had the benefit of �rcat iadulgence &om the Ciry for what is an archicecturnlly challen�in� and utuque projeCi. The Ciry has an oppomiuiry aow to hal� fiu�th0s aeedless disturbaaca of �h� mouncain tesrain and ta sc[ a srdnci�td fvr stricur compliarur now and in the future for bil]side develop�ment. ironwood Master Associatfon respCctli�lly rcquesu that th�e Plannin� Comuiissian deny the application for amcndmenc to ihe Hagadone precise plan to expand the approved graded ana an additional 16,2a0 squarc ftet. Rtc�iv�d S�p-18-06 04:bOp� Siruesely, `� .__!' `'� � � Mari� A. Macl: Fros-+T605683053 TaPALM DESERT CfTY CLE PaQ� 01 rruposeu nagaaone �xpansion Dreli, Phil From: John A. Hinds �ohnahinds@dc.rr.comJ Sent: Monday, September 18, 2006 3:36 PM To: Drell, Phil Subject: Proposed Hagadone Expansion Dear Mr. Drell, We are strongly opposed to the City of Palm Desert approving this proposed expansion. Page 1 of 1 In the first place, it was a serious mistake for the City to allow Mr. Hagadone to build such a monstrosity, or any structure, on the ridgeline, which will negatively impact the residents of and visitors to Palm Desert for decades to come. To approve the proposed expansion wauld be adding injury to injury. I have reviewed the drawings on file at your office, and understand that this expansion will not be able to be seen from the valley floor. Nevertheless, you are urged to tum down the request to further expand this overblown project. To do otherwise would be to reward his previous acts against the public interest. The so-called Hillside Development Ordinance (1046A), which is presumably intended to protect the interests of the community, was clearly ignored in the case of Mr. Hagadone. I would hate to believe that his massive financial resources, or the increase to the City's tax base as a result of his project, had anything to do with his obtaining approval for his approval at the outset. We urgently request that the City of Palm Desert vigorously enforce 1046A, and refuse to permit any future cos►stsuction, by any party, along the ridgelines above our community. Thank you for your consideration. John and Carol Hinds 126 Heather Court Palm Desert, CA 92260 9/ 19/2006 Page 1 of 1 Drell, Phii From: Feldmanrb@aol.com Sent: Tuesday, September 19, 2006 1:01 PM To: Drell, Phil Subject: Bighom Requests Dear Mr. Drell, My husband and i live with our three boys in Ironwood Country Club on Brian Court. Unfortunately, from our house we look right up to Mr. Hagadone's property at Bighom. While we appreciate the efforts at blending his home into the surrounding area, we are quite opposed to the expansion of his lot for a sports court. A sport court would significantly detract from the natural beauty of the mountains. I can't imagine looking up at night to see a lighted court at the top of the mountain! We are also opposed to the lot expansion on Canyon Crest, which we feel would also impact negatively on views from our development. Please take our input under consideration. Sincerely, Rancy and Leon Feldrnan 107 Brian Court Ironwood Country Club 760.272.7541 9/ 19/2006 Page 1 of 1 Drell, Phil From: Ray Sebastian [rayseb@earth�ink.net] Sent: Monday, September 18, 2006 5:46 PM To: Drell, Phil Subject: Hagadone Development I have just leamed that a new petition by Mr. Hagadone to expand the approved graded area of his compound from the approved 38,000 square foot pad to 61,110 square feet will be considered by the city shortly. This expansion apparently would accommodate a larger pool, water feature and additional landscaping. I want you to know how strongly I object to both the original approval and to the proposed expansion. In my view the city has totally failed to adequately consider and protect the ridgeline where Mr. Hagadone's project is built. The construction can be seen clearly from miles away and the limited mitigation done is woefully insufficient. I ask that the city, having already failed in the original instance to interpret the Hillside Development Ordinance to protect against ridgeline development, deny the requested expansion, and, in the future, rigorously enforce the Ordinance in order to avoid this kind of development that adversely impacts many residents of Palm Desert. Denial of this expansion is a chance to at least partially recover from a major step in absolutely the wrong direction. I am a property owner in and full time resident of Palm Desert. 9/ 19/2006 Drell, Phil From: DrLaf@aol.com Sent: Tuesday, September 19, 2006 6:51 AM To: Drell, Phil Subject: Stop fu►ther Hagadone building Dear Mr. Drell, I am writing to express my strong objection to further development at the Hagadone site above Ironwood Country Club. This property has already drastically altered the look of the mountainside with an immense project that can be seen throughout southem and mid Palm Desert. The residents at Ironwood Country Club bear the brunt of this unsightly scar on the hill. To consider 17,000 additional square feet to that Mr. Hagadone can build a sport court is incomprehensible. As a long time resident of Palm Desert and a homeowner within Ironwood Country Club I implore the city to do the right thing and Enforce the .H�11 ide Develo.pment Ordinance• Please do not hesitate to contact me or my wife. Sincerely, Dr. and Mrs. Leon A. Feldman 107 Brian Court Palm Desert, CA 92260 drlafCcDaol.com 760-275-6211 9/ 19/2006 Page 1 of 1 Drell, Phil From: NLHaase@aol.com Sent: Monday, September 18, 2006 6:05 PM To: Drell, Phil Subject: HAGADONE PROPERTY I am a full time resident of Ironwood Country Club and have to look at the Hagadone property from nearly every spot in ironwood - home, golf course, property in general. I was aghast that the city ever allowed any building on the ridge line. Immediately my only question was which of the Palm Desert govemment representatives took a bribe? I could only fathom that was the method used by Hagadone to gain permission to build. Now at this late date Hagadone wants to nearty double his building square footage!! I can hardly believe the City of Palm Desert would even remotely consider this request. I personally hope that Mr. Hagadone is of such ill health that he never moves into the property or spends one minute of his time enjoying the fruits of this horrible house. Nancy L. Haase 73-203 Ribbonwood Court Palm Desert, CA 92260 9/19/2006 Page 1 of 1 Drell, Phil From: Tripaldi, Dave [Dave.Tripaldi@Gn�bb-Ellis.cam] Sent: Monday, September 18, 2006 3:33 PM To: Drell, Phil Subject: Hagadone Development City Planning Department: I am a property owner/resident at 73-734 Jasmine Place, Palm Desert, CA. The purpose of this communication is to vigorously object to the expansion proposed by Hagadone. The City is responsible for "doing the right thing"...and the right thing in this case is to strictly enforce the Hillside Development Ordinance and to therefore deny the petition by Hagadone to expand the graded area of the compound from the approved 38,000 sq ft pad to the 61,000 sq ft t pad. Very truly yours. David R. Tripaldi 9/ 19/2006 Page 1 of 1 Drell, Phil From: HomeQboelzner.com Sent: Friday, September 15, 2006 11:20 AM To: Drell, Phil Subject: Hagadone proposal Hi Just to let you know that we are very upset with the Hagadone house and feel that the city has made a majo� mistake to have allowed this project. The hillside should not be developed and the city should enforce their own ordinance to that effect. The new request of the Hagadone's should be rejected. They have already been given�enough preferential treatment by the city. Josi Boelzner 346-3300 9/ 15/2006 Page 1 of 1 Drell, Phil From: Sheila Harvey [saharvey@mindspring.com] Sent: Friday, September 15, 2006 11:30 AM To: Drell, Phil Subject: Hagadone expansion Dear Sirs: We understand that Mr. Hagadone has applied for a permit to increase the development of his property on the ridgeline abutting the Ironwood Country Club. We hope that you will decline any further effort on his part to further encroach on the ridge. We have been dismayed to see the present structure rise above the the ridge and obscure the once unobstructed vistas. We are homeowners in Patm Desert at Ironwood specificalty and we can assure you that having the Hagadone project looming above us and marring the skyline is objectionable. Please enforce the present guidelines to prohibit any further obstructions at the ridge. We are afraid that if you set a precedent allowing such development it won't be long before others follow suit to be on top of the hills of Palm Desert. And we believe that would have a negative effect on our community. Thank you for your consideration in this matter. We look fonivard to your decision to vote against any further encroachment. Yours truly, Neal and SheiVa Harvey 73 582 Encelia Place Palm Desert Sheila Harvey saharvey@mindspring.com 9/ 15/2006 Page 1 of 1 Drell, Phil From: Ryan Lawrence [ryboyl @earthlink.net] Sent: Friday, September 15, 2006 10:34 AM To: Drell, Phil Cc: Dale Echols Subject: Hagadone Ordinances are not meant to be avoided by rich people. Please do not let this development pollute the skyline! Thanks Ryan Lawrence a concerned Ironwood neighbor RYAN LAWRENCE attomey 2301 nw thurman s� suite d porUand, Or 97210 503 223 2120 phone 503 517 2186 fax 9/ 15/2006 Drell, Phil From: Sent: To: Cc: Subject: Dear Friends, Jeff Foote [jfoote aQfootelaw.com] Friday, September 15, 2006 11:05 AM Drell, Phil Dale Echols; cindfoote@aol.com Hagadone Ridgeline Development Expansion We are residents of the Ironwood Country Club Community (47-811 Quercus). We have a lovely view up the 13th fairway of the Ironwood North course, the hillside to our south, and, unfortunately, the Hagadone development. We were appalled when the buildings appeared on the hillside. Where we appreciate the mitigation that was done, the project sets a dangerous precedent. One of the things that makes South Palm Desert so special is the view up the hillside into a previously undeveloped ridgeline. We now understand that there is a proposal to expand the project to near double its original size. We strongly urge the City Planning Commission accept the staff report of the Planning Department and reject this intrusive proposal. If the Hillside Development Ordinance is to have any meaning at all, this project must not be allowed to expand and further mar the ridgeline. 1 Thank you for your consideration. Jeff and Cindy Foote Jeffrey P. Foote Foote Webster, P.C. 1515 SW Fifth Avenue, Portland, OR 97201 503.228.1133, 503.228 jfoote@footelaw.com www.footelaw.com Suite 808 1556 (fax) 2 Page 1 of 1 Drell, Phil From: RLGraySF aQaol.com Sent: Monday, September 18, 2006 12:22 PM To: Drell, Phil SubJect: (no subject) I am very much against the Hagadone ridgeline development.l encourage the City Planning Department to enforce the Hillside Development Ordinance. If the ordinance is weakly written,now is the time to strenghten the statue, so no further development of the ridgeline is allowed to happen. Sincerely, Robert Gray Palm Desert Resident 9/ 18/2006 Page 1 of 1 Drell, Phil From: Judi Jeremiassen �jeremiassen@earthlink.net] Sent: Monday, September 18, 2006 1:15 PM To: Drell, Phil Subject: The Hillside Development Ordinance To Whom it may concern: We are writing in response to the proposed Hagadone expansion to approve graded area of the compound from the approved 38,000 sq ft pad to 61,110 sq feet. We are very adamant that this request be denied as the ridge line development from the South (Ironwood properties) has already been greatly compromised. We further feel that the city should enforce the Hillside Development Ordinance more aggressively, thereby restricting fu�ther development on the ridge line and help to protect the views and the ascetics of the mountain and it's habitat. One of the main considerations we had when moving to this Desert area was the unhindered views and mountain landscape. Please, please, please help us to maintain the landscapes rather than strip the area of iYs natural beaury. Sincerely, John and Judi Jeremiassen 73-259 Boxthom Ln Palm Desert, CA 92260 Judi Jeremiassen �ieremiassenCa).earthlink.net EarthLink Revolves Around You. 9/18/2006 DOUGLAS 8i MARIE GRu� r Y i nS 49240 SUNROSE LANE PALM DESERT CA 92260 7b0 56f 0579 FAX 760 3417026 E MAIL dgriffit6s1@dc.rr.com City of Palm Desert Plaaning Commission. Palm Desert CA. Relating to CASE NO. HDP/PP 04-21 AMENDMENT #1. .L_�+ L L 1.`` ��� �� -� SEP 18 2006 :���1�)ilT1� rii�� _..,. '�n T �'.k�. .: 'd :AT CITYOF?a:.:ti: ��c�tF; T6is building site refen�ed to As � 6ipside development plan (�n unfortunate choice of words) should �ay mountain top dtvelopment plsa it vic�►ed frnm t6e North side o[ our Valtey, is a building site th�t should nrver have been �Uowed in the fir�t p4ca However we ncver did get a notice of the propo�ed de�velopment at its inception �nd we an past t6it portion of t6e developmcnt now►. T6e notice asks for Aa amendment to ezpand the graded arw from 38,000 square feet to 61, 110 �qnue f�e� It does not specify t6e reason for t6e incre�ese in grxdcd area. If it is for landscaping of the arai, then OK. If it is for enlarging any pre-approved building t6en it should rejected. WHY� The noise factor from the location can be heurd every working day for a considerable distance around t6e sita If it t6e intention to bu�7d a luger house, whic6 s�ems to be the probability con�idering t6e co�t of t6e site, t6en it is probably for corporate junkets. Consider t6e noise lc�vd for Any large p�rty or even just music. We live in Ironwood Country Club, wbich is Nort6 of the'ite aad we can 6�r loud xnd clear, the h�unmers and even t6e voice� on any working day. Unfortunately we will be out of town at the meeting dite and is why we are writing. If it ia a party 6ouse, the City Council will get nothing but complaints once the band strikes up. ,i? -�}-� � /�.� �,�� �,(�V� ; ��. Doug�as Gritiiths. , ^ �.'�t1�'�^-� � ' _.G Marie Gritiiths. Sep� 15, 2006. Page 1 of 1 Stendell, Ryan From: GemNagle�aol.com Sent: Sunday, September 17, 2006 2:24 PM To: Drell, Phil; Abbott1940�aol.com; FEBulleit@aol.com; rondoll�earthlink.com; JComerf476(d3aol.com; jgodfrey(a3dc.rr.com; larrysutter(d�earthlink.net; krobe�tson�drmintemet.com; VShrader�aol.com Cc: Planning E-mail Subject: Hagadone Hea�ing Mr. Dreil: 1 am the president of Ironwood Master Association. My board and I represent all the homeowners inside the gates of Ironwood Country Club, both members and non members. Approximateiy 409�0 of the homes inside the gates are occupied by non club. members. We ask that the city decline the request for further grading on the Hagadone property. There has been enough errors made in allowing the project as it stands. We hope that action will be taken by the city to prevent any additionat buildtng that disrupts the ridge line. The rules goveming ridge line construction must be better defl�ed. I will not be in attendance at the public hearing September 19, 2006. IMA will be represented by Lany Sutter, a member of our board. I do want ta thank the city for notifying us of this hearing. I'm just sorry that it wasn't done before the project was started. Thank you for your consideration. R. Gem Nagler President, Ironwood Master Association. ���� � �-�� �.� SEP'18 2006 �����.'�iT` ,� • - ,. �..;T CIT7 �r t:tL... . L.;i:.i 9! 18/2006 Page 1 of 1 Drell, Phil From: ruthek�aol.com Sent: Friday, September 15, 2006 12:04 PM To: Drell. Phil Subject: Hagadome House I am a resident of Palm Desert and I vote here as well. The City of Palm Desert was lax in allowing him to build the original structure. His attempt at compmmising the situation made it look even worse in my opinion. If he is allowed to expand further by the City it would be outrageous. Why should any resident be held to abide by your rules and regulations if he is permitted to ignore them.I hope that the voters react to your actions come election time. David Shafz 73-674 Agave Lane Palm Desert C�c�.o�t�t�r ng..�AQ�. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. �-�;�' �'� TT�'' � �. .�. � � .�l � SEP � 5 � ;OMM;:'ViT :' �:t�,. � :,,. , T . � • 'P;.:;.,',,::ST CITY OF : t�L.;a :, l;J G.v.T 9/ 1 S/2006 JOHN F. BARNA 122 HEATHER COURT PALM DESERT, CA 92260 760 568 3983 September 12, 2006 Mr. Philip Drell, Secretary Paim Desert Planning Commission City of Palm Desert �.L'` C �j�� .���: � D 15� ��'�YC:i'ITyDE�� �f��F A�;yo yE�:�n;.N�yT Re: Case No. HDPIPP 0421 Amendment # 1 Dear Mr. Dreil: This letter is in response to the notice I received about the public hearing to consider a request by the Hagadone Family Tn�st for an amendment to a hillside development plaNprecise pian to expand the approved graded area from 38,000 square feet to 61,110 square feet. As a Property owner in ironwood with a ctear, unobstruc�ted view of the portion of the improvements on the property that are above the ridgeline, i object to the requested amendment to expand the land area. Turn down the request. I believe the approval of the original development plan was a mistake. The existence of buildings above the ridgeline that are visible for miles spoii the lovely mountains that surround us. To add developable space to the existing approved plan will set a bad precedent. An approval of this request may lead to additional applications to develop property at similar elevadons and in undeveloped mountain areas further desVoying our pristine mountains. Stop this now and establish a policy that prohibits the mountains from development by the ego driven, super wealthy or anyone else. The revenue generated for the City by fees, perrnits and taxes should not be ailowed to sway the judgment of our city councit and/or the City's dedicated personnel. Protect the mountains and their visual beauty for a{I of our residents and visitors. They are the public's treasure. V truly yours, � ��'��-L(G�� ohn F. Barna Drell� Phil From: dkbikl �mycingular.blackberry.net Se�t: Friday, September 15, 2006 12:46 PM To: Drell, Phil SubJect: Hagadonne Residence I am resident at 73115 Crosby Lane in PD. Unfortuneatly I am currently in Italy, but I would like to express my disagreement with this request on the following basis, 1. This request repesents an approximate 55+ percent increase in the original request. 2. This whole project sets a bad precedent for the City of PD. 3. Does the City of PD have a long term plan for our community? If yes, how does this abortion fit into it? 4. If other than denial of the request is consiodered, it is respectfully suggested that this request be postponed for at least 30 days. Don Black Sent via BlackBerry from Cingular Wireless 1 -rr-.. - . ^ -�r v z- � • .. .. , i� � / SFP � 5 � : (::.. . . . . . , C:il ,,: ..._.: -__... ///i.� �//r!. Win���hi� 48-978 `,.ioREat��an� pa�,n .11.s..t, C�...�l 92260 760-340-0443 w������p.al�.�y.�.t 9/15/2006 Planning Department City of Palm Desert Subj: Proposed Hagadone expansion amendment It is unusual for a single individual's newly-created residence to create such a stir and so much resentment. Even though the Hagadone family appear to be aware of these sentiments, they now desire to make their inappropriate homesite even larger. We are residents of the Ironwood community. Even though our own homesite is not located where we can daily and nightly gaze upon this outrageous visible intrusion, we feel compelled to tell you that we sympathize entirely with those whose homesites are so impacted. We're at a loss to understand what our Planning Commission is for if it can't do a better job than what they have done in this matter so far. If the present ordinances are "unclear", "poorly written", "under-protective", or "over-protective", it should behoove the Planning Commission to go before the City Council and get those things straightened out. We think of the Planning Commission as a body intended to protect the interests of alI its citizens. In this instance, the perception is that you have successfully protected a special interest. In all earnestness.... Winfield Shiras r- . . - - � , . .. -�. . � . , . . . i SEP � y � �o.... ... . . c; � � ��.- . . Page 1 of 1 Drelt, Phii From: n.hester(�earthlink.net Sent: Friday, September 15, 2006 1:33 PM To: Drell, Phil SubJect: Hagadone requested expansion of graded area We urge the Planning Commission to deny the Hagadone request for expansion of the hiilside graded area. The current buiiding afready impacts our view (as homeowners at Ironwood) of a previously natural ridgeline. Thank you for your consideration. Nelson and PoNy Hester n. hester�earthlin k. net Ea�thLink Revolves Around You. �r , . . , ,, . .. , . . , .� :. d .) �`�� 1 J 1006 ��.... c� � � ,,. . . . . 9/ 15/2006 Page 1 of 1 Drell, Phil From: Don Neison [dncpa({�verizon.netj Sent: Friday, September 15, 2006 2:12 PM To: Drell, Phil Subject: Hagadone Petition Sirs, I urge you to disapprove the Hagadone petition to extend the grading from about 38,000 square feet to over 60,000 square feet. The present eyesore should not be so extended. Surely, Hillside Development Ordinance (1046A) should be rigorously enforced by the City Don A. Nelson 48626 Torrito Caurt Palm Desert, CA 92260 dncnan.verizon.net �7 ;r 'I •�"j - i � •- r •. . _...�_ :.i J_'„ � • ;. r �. SFi� 1 � � ,o:.;:. - ; f.!'t i v; . .. . ..... 9/15/2006 City of Palm Desert Planning Department Ladies and Gentlemen: My wife and I have enjoyed our residency at Ironwood for more than 20 years. One of the great attractions of Ironwood is that the City has protected the natural beautiful hillside views. We urge you to deny the proposed Hagadorn expansion which will seriously compromise the hillside view enjoyed by all. Sincerely, Jerry Knudson -�- - . - -r-•- +--_ . _ � � , � ._ . ' . . . . .. •1 ' . J J�� j :, Z�6 .� �. .. . ..�. .. . . . . , �:,�� , ,.- � _ . � City of Palm Desert Planning Depaztment Ladies and Gentlemen: My wife and I have been at Ironwood for more than 30 years since Ironwood's inception in 1974. One of the great joys and benefits of our Ironwood residence is that the City has conscientiously protected the natural beautiful hillside views. We urge you to deny the proposed Hagadom expansion which will seriously compromise the pristine hillside view enjoyed by a11. Sincerely, R.S. Hoyt, Jr. '''� . ;' ; ' � -�- , � ;�� �.�,..�1 �� Scr i ; � �, �;. , , �., . , "- " , � ; Page 1 of 1 Drell, Phit From: Jerry and Emily King [cgking3(c�yahoo.comj Sent: Friday, September 15, 2006 10:45 AM To: D�ell, Phil Subject: Hagadone Property City Planning Department, We feel strongly that the city made a serious mistake in approving the original HagadoRe variance request. it is imperative that the mistake not be compounded by approving additional grading. Respectfully, C. Gerald 8 Emily King 48-601 Valley �ew Dr ��� ��1 � 1 ��� f. ����� f � _. ' 1 J _ 1 . 1 `�'' 1 �� 2006 � 9/ 15/2006 Page 1 of 1 Drell, Phil From: FCJIMROOO�aol.com Sent: Friday, September 15, 2006 11:20 AM To: Dreli, Phil Subject: No Subject As a reside�t of Ironwood and of Palm Desert, { am appealing to you to deny the Hagadone project an amendment to build an even bigger development on his property. VYhile a man's home may be his castle, it does not give anyone the right or privilege to destroy the ridge line. The faux rock that was added does not enhance the "look". Please do not add insult to injury by ailowing the Hagadone project to expand. Thank you in advance for your consideration. Marlene Rood 73-395 Agave Lane Palm Dese�t, CA 92260-6653 Phone: 76U-341-7360 e-mail: fcjimrood(dlaol.com 3055 Rockbrook Lane Colorado Springs, CO 80904-1164 Phone: 719-473-7550 �r ' �/^i' • rT � ^. . � 'i -. / �. . c. / � � 5tr � y � .��., � . . • r� � , �.� 9/ 15/2006 Page 1 of 1 Drell, Phil From: RMBAUMAN(�aol.com Sent: Friday, September 15, 2006 11:21 AM To: Drell, Phil Subject: Request by Hagadone development It is my understanding that the Hagadone family is requesting permission to increase the approved g�aded area from 38,000 sq. ft. to 61,100 sq. ft. I live in Ironwood Cauntry Club on Kerria Court which is just below the Hagadone site on the north 16th Fairway. One of the prime reasons we moved here was the view of the pristine mountains from our faitway patio. With the construction of the Hagadone estate this view has been adve�sely compromised. Now they want more. When will this stop? I believe that the City Planning Department has an obUgation to the rasidents not to allow building on the mountains which deter from the existing developments. 1 therefore am strongly against any requests that adversely change the environment. Reed Bauman 73-471 Kema Court � Palm Desert. CA 92260 �--� •r ; �: - �-,� «_ . '-� -- i_.�:."_ % � _i JEr f J ZO06 .,; . ��;.... 9! 15/2006 Page 1 of 1 Drell, Phil From: Pxparis�aol.com Sent: F�iday, September 15, 2006 11:25 AM To: Drell, Phil SubJect: Hagadone Development The Hagadone ridgeline development south of Ironwood has had a negative impact on our community in that the hillside has been unduly comp�omised and homeowner views negatively impacted. As yeahong residents of Ironwood, we vigorously object to the proposed expansion to tfiis project and ask that the City do the right thing and enforoe the Hillside Development Ordinance. Thank you. � �1 � 1 �-'1 � T-� � .�1. ..�..! �1..' ?J � � ; 1� � �r � � 1� ' r . . ,1. 9/15/2006 Page 1 of 1 Drell, Phii From: Raucan(Q�aol.com Sent: Friday, Septembe� 15, 2006 11:31 AM To: Orell, Phil Subject: RE: HAGADONE DEVELOPMENT Dear Sir or Madam: We are homeowmers in lronwood Country Club and our home faces the mountain area where this development is taking place. It astounds me to know that the Hillside Development O�dinance was not strictfy enforced regarding ihis development. This development has degraded beautiful mauntain views and should not have been allowed in the first place. it is our understanding that there is a new petition by Hagadone to expand the app�oved graded area of the compound from 38,000 sq. ft. to 61,110 sq. ft. We would like to register our objection to this increase in size. We must not allow our mountain vistas to be degraded in such a manner now, nor in the future. Yours truly, Roy Rause� +r� r`' r� .'' � j'�l �-' �I 1 � �� � =• � �1 _.1 S�Y � � � ;o:� :,. ! .,' . „�.�, r�, ► ... r ., � • ; 9/15/2006 Page 1 of 1 Drell, Phil From: Slwgcw(a�aol.com Sent: Friday, September 15, 2006 11:34 AM To: Drell, Phil SubJect: Hagadone Petition As a resident of Ironwood Country Club, every time I drive in my driveway I am confronted with the Hagadone monstrosity on the ridge line. We have now been advised that this owner seems to think 61,000 square feet would be a nice area to have his residence - including pool, artwork etc. The original permission given to owner was a violation of the Hillside Development Ordinance and any further permission to expand this Palm Desert embarrassment would be a travesity. You are. urged and encouraged to do the right thing this time and deny permission. You know that two wrongs do not make a right. Sincerely, Gordon Watson �►�r,,- � , ,, , , �! r��7�� � � SF� � � � �'�::. ,,r , ,� ��'��-,-.. - r � `" ' 9/15/2006 Page 1 of 1 Oreli, Phi{ From: RMyers986 c(�aoi.com Sent: Friday, September 15, 2006 11:43 AM To: Drell, Phil Subject: Hagadone Ridgeline Development As a resident and member of Ironwood Country Club. I would like to vigorousiy oppose the Hagadone development project as it now exists and even more vigorously oppose the proposed expansion of it. The HiNside Devefopment Ordinance (1046A) should be rigorously enforced to prevent this kind of unsightly project from ruining the beauty of our desert mountains. Money is not everytfiing!! Please stop or curtaif this abuse of our landscape. Very truly yours, Richa�d E. Myers 48643 Torrito Court Palm Desert, CA 92260 �7 ,i f •. ' i r �- �- r - � ,. .�. .r � � • ' . • � -- _, . y� , ; SEP �� J 10� �o.,.. cr� , ,,. . . .._. ' 9/ 15/2006 Drell, Phil Frorri: James Owens [bigo2442�sbcglobal.net] Sent: Friday, September 15, 2008 l 1:43 AM To: Drell, Phil Subject: Proposed Hagadone expansion The City of Palm Desert has done a great job in supervising the development of the finest city in the valley. The approval of the original Hagadone project was a bad mistake. Please don't make another one by approving Hagadone's request for further expansion. The natural beauty of the desert and the mountains should be there for everyone both now and future generations, not just the few super rich, Have the guts to tell Mr. Hagadone NO! NO! NO! James C. Owens, Property Owner and Tax payer and concerned citizen. 1 i'� +- � .-. �. � ;�_ : � � _� r=• . ., ____�, :� Scr f 5 � �l. , Cl i � ,,. . . . Page 1 of 1 Dretl, Phil From: Kay � Rook Shank [kaynrook�yahoo.com] Sent: Friday, September 15, 2006 11:47 AM To: Drell, Phil Subject: Hagadon hillside project at Big Hom Gentlemen, I as a resident of Ironwood Country Club am apalled at the project that has destroyed a natural ridgeline for some monstrous project of no consequence to any but the owner. It is an eyesore that is I understand in the process of requesting additional square footage (sorne 30,000 +) to further destroy the natural surroundings and enhance both the pool and surrounding landscape for only their personal greed. It is my opinion that the hillside ordinances which should be supported by the City and its planning agencies has been ignored, regardless of how vague it is written. Permission has been granted to the Hagedon interests that is nothing less than ignoring the responsibility of upholding the interests of the community as a whole for the interst of a single person. You must not grant this bizzare project any further approval to destroy the landscape for no reason! I do hope you will face your responsibility stop the destruction of our beautiful mountains and desert! Yours Truly W. H Shank r_�f-.��-��zrr'x� �• �1...;,._.� � �..: i � .. 5cr � 5 20� ;�l'''t, .. - ,r. � .' ., - f,l'I Y vr ..'. . ... ...., 9/ 15/2006 Page 1 of 1 Drell, Phil From: Pennant0l(c�aol.com Sent: Friday, Septembe� 15, 2006 11:59 AM To: Dref{, Phil Subject: Hagadone Project Gentismen: As a new owner in the Ironwood Country Ciub, I strongly object to the proposed addition and hope you wili vigcxously enfo�ce the Hiliside Development Ordinance. Hopefulfy, the City Planning Commission will deny the petition of Hagadone. Dick 8 Marsha Stevenson 47-830 Quercus Lane ��r� '���� r'"� � _' -t... � ;i'_ � 5cr ) g � :o�,,�; _ . - , , , �t'rY,�r . � _.. ... ...., . 9/ 15/2006 Page 1 of 1 Dreil, Phil From: ArmyPau41(�aol.com Sent: Friday, Septembe� 15. 2006 12:37 PM To: Drell, Phil Subject: Re: HAGADONE EXPANSION RE�UEST Dear Paim Desert Planning Commission: We were very surprised and extremely upset when the Hagadone house appeared on the ridge line of our beautiful mountai�s. How on earth could you approve something of this nature when you profess to be the "PROTECTORS" of our hills. Breaking the'ridge line" is iResponsible and very damaging to the surrounding area as it sets a precedent. Not to mention how it impacts the views of the homes in the community. Developmant in and around tttie city of Palm Desert has in mast cases been done very responsibly, with a concem for the environment. Approval of this project was a serious mistake and makes us wonder hOW could this have happened and Wf10 was responsible for this decision! We are requesting that you deny any additional development and expansion of this property and further more ask that you request the homeovmer to do more to restore the mountain side to its original beauty. Sincerey. Charles A. 8 Susan W. Pautl 73-132 Segura Court Palm Desert, Califomia 92260 l�"• . �i 7'`I T j'%T �"' � �W� J_ ... ? SEN � 5 Zppg ��.. . . . �;�� , . 9/15/2006 Page 1 of 1 Drell, Phil From: Judymetz(�aol.com Sent: Friday, Septembe� 15, 2006 1:08 PM To: Drell, Phii Subject: Hagadone Petition This petition further offends any setnblance of concern for the benutiful �aturnl iinc of tha mountains and totally insults those of us who live in the vaticy nnd npprccicte its nntuiral bcnuty. The City must exercise it's responsibility to thc residents nnd enforce the existing restrictions for gross development nnd defecirg of irreplocenble trensui-e. The existing eyesore can be see as fnr nwny as Country Club and Monterr�y. This is en opportunity for the City to at Icast stop the incursions it hns nllowcd by not exercising it's responsibilities i� the Inw. Pf�ase deny this petition. Judith M. Metz, Ironwood Country Club. �- ,,-�, �, ��-�-,,�-� � --� .Js_. :I �'-. StP 15 20� ,�.. , f� J:r.. . . . . .. . C�11 �J. . ... ..... 9/ 15/2006 Page 1 of 1 Drell, Phil From: R.W. Prater [rwp1515(�yahoo.com] Sent: Friday, September 15, 2006 1:22 PM To: Drell, Phil SubJect: Hiiiside Development Ordinance To: City Planning Department Gentlemen: I have owned a home in Palm Desert sine October of 1980. I choose Palm Desert for many reasons, but one of the main was the beautiful view of the surrounding mountains which at that tune did not have homes or structures on them. I was very disappointed when the Hagadone residence was built in an area that I had been told was covered by a hillside development ordinance which would normally prevent it being built. Now I understand consideration is being given to expanding it. If you aze interested in maintaining Palm Desert's reputation as being an outstanding city with many exceptional features, then surely you will do the right thing by enforcing the Hillside Development Ordinance, and save our mountains from the same fate that the Los Angeles area has had to live with. Sincerely, Robert W. Prater RF.�_��'��� SEP � � � ��,�::... . � .. � CJI l ,�. ..._.. .,. ., 9/ 15/2006 Page 1 of 1 Drell, Phil From: SLOGoIfiBen(c�aol.com Sent: Friday, September 15, 2006 2:08 PM To: Drell, Phil SubJect: Hagadone Development To whom it may concem: We are members of Ironwood Country Club. We are writing to beg you to deny any further development of our ridge line. The Hagadone office and pod edge are already a major blemish on the natural ridge line. Please do the right thing for our community; enfarce the Hillside Development Ordinance. Sincerely, Ben and Jane BaHard 48048 Monterra Cir E Palm Desert, Ca R��E�V�D SE� � 51p06 :0511h:'`l1'Y ;)E`: :. ! . , , • T CiTYUf i':;�., ,,.,�::7 9/ 15/2006 Drell, Phil From: Leonard Rudolph (Irudolph(a�dc.rr.comj Sent: Friday, September 15, 2006 3:08 PM To: Drell, Phfi Subject: Hagadone Development I have received a notice of a hearing to expand his area from 38,000 sq ft to 61,000 sq ft. I live in Ironwood Country Club and frankly I never could understand how the City of Palm Desert allowed this home to be built in the first place. I was under the impression that the Hillside Development Ordinance prohibited development on top of mountains in Palm Desert. We not only see this monstrosity from our home, but also from the Golf Course every time we play. I could go on and on, but I hope that the City of Palm Desert would have the "guts" to do the right thing in this matter. Sincerely, Leonard Rudolph 73-412 Poinciana Place Palm Desert, CA 92260 Leonard H. Rudolph Phone: 760-346-1732 Fax: 760-346-5512 Cell: 760-275-0777 E-mail: lrudolph@dc.rr.com California lnsurance License #0613734 �ECEIV.�D Str � � � 'o�tu,����v nE:��;; • �lTY�p, . � .� , •':•i�..1T :'.�.. . ...,'r.::7 Page 1 of 1 Drell, Phil From: JComerf476�aol.com Sent: Friday, September 15, 2006 3:24 PM To: Drell, Phil Subject: Hagadone Expansion I am a resident of Ironwood CC and I object to the expansion of this property. This will have a negative impact on ou� quality of life and sets a bad presedent for future applications for mega estates. That does not conform to Palm Desert. I encourage you think of the community and reject this expansion. Roger Comerford RECEIVED st� � 5 2oos .;01�ySCti1'i'Y UE�,:.:.v4�? :'� i :r F.....:•f c,rT C1TY uF P;��.�: ���E?T 9/ 15/2006 Page 1 of 1 Drell, Phil From: ruthek(�aol.com Sent: Friday, September 15. 2006 12:04 PM To: Drell, Phil Subject: Hagadome House T am a resident of Palm Desert and I vote here as well. The City of Palm Desert was lax in allowing him to build the original structure. His attempt at compromising the situation made it look even worse in my opinion. If he is allowed to expand further by the City it would be outrageous. Why should any resident be held to abide by your rules and regulations if he is permitted to ignore them.I hope that the voters react to your actions come election time. David Shatz 73-674 Agave Lane Palm Desert C�es�ou� th��eg_AsQ�. Most comprehensive set of free safety and security tools, &ee access to millions of high-quality videos from across the web, &ee AOL Mail and more. RECEIVED -.J 1520� ;O�1ML'?lITY DE'�'t�U?'�f�`T'.l�k'r�; �tiicNT C1TY OF PAL:�; i)c�E::T 9/ 15/2006 ��fl �� IRONWOOD COl1NTRY CLl1B 73-735 lronhee prive PaGn Deser4 California September 15, 2006 92260-6994 City of Palm Desert te1: 760/346-OSSl 73510 Fred Waring Drive (ax: 760/773-4858 Palm Desert, CA 92260 Attention : Planning Commission R� C.EIV��.i ~��' � � � �OM1�L'!�ITY DE�'�iOp�iE\T uEeAici �i�ciT CITY OF PAL1! DESERT Re : Hagadone Family Trust, Proposed Amendment — 9/19/06 Bo�x� oc D��oRs Dear Commission, jOHN GODFREY Ironwood Count Club vi orousl ob ects to the etition b the Ha adone President rY g y � p }' g Family Trust to expand the approved graded area of the project from the Bu� GiseoNs approved 38,000 square feet to over 61,000 square feet. This expansion is in Vice President conflict with the Hillside Development Ordinance. RICHARD BEMlS Secretaiy PAM CARLSON rieasu�er DoN BucK jOHN HiNDS LEE MARSHALL �OHN OTTO MARY WATSON We feel strongly that the city of Palm Desert should start enforcing the Hillside Development Ordinance with more strength to protect our hillsides from such intrusive developments. Tronwood homeowners and Club members have had their hillside views seriously compromised by the development of the Hagadone property. Denying the current request for expansion would prevent further compromises to the hillside and our views. I trust you will find the above in order. Yours truly, � � �- ���`��' � �- ,�-��� ' John S. Godfrey � � .� " Board of Directors, President lronwoodCountryGub. com �� City Of Palm Desert Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 To: Mr. Phil Drell Reference: City Of Palm Deser[ Legal Notice Case No HDPlPP 04-21 Amendment # 1 Subject: Public Hearing, September 19, 20U6 The Honorable Pa1m Desert Planning Commission ����i ��' � �a ~r � 4 � a CO�biJN(c �qOF L�,n pALM �NT �EPAhT,ilENT DESBp,T Reference is made to the public hearing relative to an amendment to the hillside development plan to expand the approved grading plan from 38,000 square feet to 61,110 square feet. Enclosed find two (2) photographs taken from our property looking sonth at the property in question. To use a rather old clich�, a picture is worth a thousand words. The visual impact of this monstrosity on the ridge line of our mountains is egregious and to permit its expansion would be a fiuther travesty to this community. According, we request that both Staff and Commission reject the expanded grading plan and prohibit any further construction related expansion of this property. Inaddition, I would like to express my outrage at the timing of this hearing.This matter is being considered when 75 percent of the interested parties are unable to attend and/or participate in this hearing. As the atta.ched photographs attest the public interest is not served by the destruction of our mountains and/or environment. Very truly your � � ��� �� Edmo McC � � rti � Patricia A. McCarthy 72-955 Carriage Trail Palm Desert ,CA 92260 (760)568-6116 � .•1.. I� � ' y�.�'`� :%�3h•�••^ '� . .���',�l��t•.���'�ty..Z�'.� 4, v . ''v '� ` _ `, , .l°'rra� , � :�i , ;*'. �`J ; ;,�'�4� , . . ;' `�, � . , . 't` `� , t. � �` -� :.t �. ^ � � �+ t t� , �}�. ��;+��k1� . . �• _ . ' � .�'. .-�_ 1 � �������a������ � •'� �.t.. �,fw�' �.� } � ��? �r+''�� �r' Ji �i '. '� 7��F�? ��,.�". ' �' '#�� y�� . '` . 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" t; . ., j4 , �M.•�;, •, ii:� � � 3���'�,t.t �:. �°kJ.'� .. � . . . . �� I . .. , _ .. . i . . . . ,:t�''. . - . � � .,';.�''- . . . . .- , . �:r . . _•. ... ., . , `,.;- ,__r', _..s . .. .. .. .. • ... . _ . .. . ,. . , �-a:.'` . . . - �����Poe, �oroy� �.W._.,. . , . , , , . . , . . „ , ,,. ., . , ....,,, . , , ., ..�., „_. . . y,. ....., . , .. ... .... . . .. ..... .. .,,, ., . ,., , ,. �. . ,,. �=r,�,�: Michefson, Wiima �•���; Thursday, September 21, 200�3 9:16 AM ti �: Monroe, Tonya ��,��j���; FW: C:ontact Us Form '.�i_=r.a �lichclson S�cre�ary �o tze Ciry Cou��il Ci Lv of P�:lm �esert 73-�=0 = �ed ��'aring Drive P�1:n ���se: t, CA 92260 ;?C:�) 396-0611 Ext. 315 ,?E�; 34C-C�?n :ax -----Orig.inal Message----�- F ror : Gi-1_gar., Shc-i�a ��n�: ':z�::scay, Sep:2:nber 2=, �O�o 9:�9 A�•: : o: iyic;ne=son, ��!� lr�.a `.'u�;z�t: �Fi: C�r.tact �s Fc>rm !�ics_:; you ol�ase n.ate ccp:_es �cr _:�e CC. Tl:ar.ks. � -----Origiria� Niessage-----� Fr;r�.: i.ity .,= Palrr. Cese�t !aeb S=ce [r�il�_c:c;Tlcl=l?3JI.CJ::I ;��r.T : �ti�dri2sday, �eoce�nber 10, ��Oo 7: 36 F[�! :�: =:lrcr:�a`ior.�la-1; Ki:n �'::un:�o-: :'t.�j�ct:: ��r.tact Us Fcr:r. i�__St 111:�1E': �;'�.^. T =::t :7c?IC.�: ���IC;TIc!1 _.-:il3i_ r_'C::j�PSS: �'-cf3d'J1. =O:TI ':�a�ess.l : ' 0�' IIriar. �esr- Cl�y: Fa_m "�esert �_a:-e. .;A �=r- ��a�: Q�2oo _-:�o:��: ;s��;�e2ii ���:�:���:s: �'ear :•i�. N:�:y��, I::�e::t �;-ste:cay even_ng a� �}:c� planr.ir.g ..� ti:-iiss�or. TMeerir._,. �:cw ���rio�y di�ap�:cir.t'_r.g .;r11� <3� _ -01..� �'CIi'`Tl1SS��:':e;S C;�.�C•��3T'G�C =I"l�lr C�l�1T: S��fi�S ra�o�n-�cnaaL�c:� �� :lc'_1� t_1_"ti:C?]` c:�.�e1�:;�!en= o� t:�2 Hada�o:�e �rc;ect. :•iv r�.�r'� �-� �i-y ao��c,r:�mer.= ras certa_r.�y ��e:^ S:ia�ce:�. The c_t•� .._early �:�r1i�:s rh�i� z�r::;ic:�e t-as ��LaCed �;.'ta "buil'. �ut" `t:is r�si.�e�..^^ �n ,_cla�io:: r` Falm. �;eser= . I� -?JJ:�-3`:j �C:<.ii. Lf1P. JLCI' 3�dCf? 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F��_cur.ar., MC _�-� Briar. �cur� _U�r Desert, CA 922EC ra �, :�:, � :�=� � `�� � i � S�.r � � �006 �alm 33esaxt �ity� �auncil Paim Deserti iit�r �lanni�g De�ar�eat La�es and .�Sentlemen, �$�t�1�� �' ' °:t�'•T �?�it':�tEtiT �R'(�(�2�i�G:. _::? I r�n a resic�� r�,ember of Irq�wo�� �o�:intry Ctub and I a�vlagize fqr o�r outi�ursts and •���ang Qut of ttte ;ecent Council l�seti�ig. A� you tcnaw effiotions a.*e r.t�ting ver�,� hi�r conceming `che F:':agedone 'Fr;ist Bignorn projeet. ihe �act tha.t you as a group r��as ir� favor of further xewarding this.out of co�itro] project with an addi�ional parcel of ]and te incr�ase th� si2e �f 3he pro3ect to c�ver 6 iiminaes the guide tines recom��dations is �.rnimaginable4 "I'ile projsct has thu�beci its �ase ai ail rules and ap�►r�va�s an$ has ciot3e wr,a.t�ver it wanL:,� tcj do rui't�iout any control o�Fihe �i�. I cannat �lieve ,+.hat at eu�ry ium +.his pro}� lsas taken any Yand they needed and as the in�rac�ian was not caug�t i.m�it �.#�e vvark was finisi�ed, i�'s A ak� �.�t us Ioo� a# the errors, results, �ct f�tai �isre�rarcd ��r r�les ancl g�iaielu:�s from the �C�guin�ag. 1. �esecrat�on �f the ridgel.uae wir�hout cansideration o�'whai ]eveFing of�he ridgeline �n�d adding the structures would do to the csatura� r�.�igel.ine. �ranes wers des�tinl7 �St ri��e �o� weeks wi►l.iout any word as tc� �ur�ak �vas �oing on� 2. 'The surve:y was ineor�t anc� used eonsiderably mare l�nd eiian was indicateci a� ti:e surve;� p�an. �e rrror vvas noi found untii the projec� i�ar� bezn �,vzPl under way, ar�d •�cordingly altowed tU �;ontuiue. 3. 3"ne r� ,:�ffzce Yr_finity "i3i�neyiand `�ol tils wa�I (Exter�sz�;��, and vas-�oLs 2�00� t�o�ss � visible i� p�ace of the �ace �3tur-� ricigel;rte. �"ne fa�i �a# 2�e roo5s3g materials camz �rom warldwide �mpart ff.nd ar� ve� �� :persive is �f li�le cr�ncem a:� ihey stili dzs�-oy the ridgeline! �. "�"ne w�atar %atures of p�o1, cana�s snd fish pond hav� consumed a greay deai pnore Pand 9han ,agreed �apoa but it �Jas :iot checked be%re r# was fi�is�ed, so i�tis tco is j;zst �ine! �. T�e addition oi #.he su�posedi�� ��or usaisle ?and tc b� ;�sed far �siant�rs and a s�oi-� c.o� as nc� a� r�qu�ste�! and �eatai�.iy needed to con�p�ete tnis `�hlederland �ar�ch" I� is not 'rhe Iand but to rewa.rd �hi�c exc�ss in abuse n�f �e se��;, �gsiaring how fi �ffecc5 sr, mauy ct�ers is not in A pasition ta be rew�a�ded furt'%ticr. It wil� be �rea� to tooic up on that rid;e all iit up �i3r camiva! �;a.ci► night & kne a+ that that Et �v�s all aecom���isb�d by Their pushing and shoving �:d i�norirg al� ru.les. ; hopa thaY t;tis do�s nat Iead i� ��very �roj�ot �ha� tea.�-ns of titis aoes not ra�ce tae sat�e �cu� �nd,just do �cs tYtey pl�ase. �ar ever�one's sal;e pu,i some t�Ptl� i� ��e �uide�in�s 2xta c,.e�k Ehese ��tenti�a��y i�� fzaciio�:s �roje�,:s 'aefore ihey �re to� f�r ala*�� Y� cQrre�tt `Rzank you for Hist��.�in� a,-�d ��. ase taice so:re ,ocsi�ive acs:i�� to prever�t r.noxE aitliese uncona-olted disasrers! 'r�/alClo i-i. Ji^ai7IC ?313 � ��;o �,acae ?alm riesert, : a. S225C . �.�� J� �' . , ` �/�i��C-� : ` z t t... �-�-- ------ _> �y��'�iY, ��i� ;,=a c�rr�; jwig��ins@jhwiggins.com �4r;�; �Neclnesday, September 27, 2006 4:31 �M y �: Crell, Phll ��4��ecE: F9ag,�dcne Addition :o [tinom it May Concern: As a full time •resident c�f Palm �esert Z am very aismayed daily w�en I see t^e intr�sion �hich the :-iagadone residence has �ade upor. our com.munity and to the beauty of oLr r,iagtiificent rr,ountains. IL is r.ot:.cibly one home wnich doMinates and breaics the natural beau�y of cur mountain ridgelir.e. We protect animals and plant:life. ?lease act to protecr for your constituents Lhe r.atural ridqeline a:�ci beauLy of our mcur.tains. I ask that ycu decline a=1 further requests for 2xpansion of any kind tc the I-iagadone r�sirier.ce. Cr.e man's home should not be given precide�t over so many that object �o Lhis expansion. Sincerely, Peggi 4Qiqgins 1 :�a��6i, P�i� �r�rr�: �c�4:: � �: ���j�c:: ��ar Board: jwigc�irs@jhwiggins.com Nlonday, Sepiembsr 25, 2006 4:29 f'M �rell; Phil Hag:3done Addition l am a resi�ent of Pzlm :�esert, CA. I car. view the Hagadone prcp�-ty easily and frequenLly do. It d_:stressed me to see the skyii:�e disruoted by man-made construction whe�n t�e cor.structio:��aas first begun, especially when are •ner2 corstained by thEr big i:orn sheep, la;ib'_:�g cr ru:ting ordir.ance when crying to construct a Y:on:e ;ust be=ow this property. Snouldn�L the city anide by iLs own ru'_es, «s we did �,��Lh the sneep issue, and :nake it r�andatory for all propert ies to follow the:n? Fio�r can "4r. Hagadone get spec�al preferrence re (1) building on the ridge in tne rirst place and (2) no��r enlarging that dev�lopment in the seco;zd p�ace? I ask that you you folloti your own rules a:Zd *�ot a:oprove tY:e adaition. Respecrfully submitted, John uliggi:�s 1 � : �f���se�, �cacL�eile r.. " -. iJli�. �:.�?tiY`: �: c� : �u'ajzct: David Hunsicker [deh3959@earthlink.net] Wednesday, October 18, 2006 1:38 PM Klassen, Rachelle THE hagadone HOUSE r,s � resicie:�t cf Iro::�n:��ooc. CoLn�ry C�ub ::av:.r.g to '_ook at tha� a::���� ;�agado�ie liol:s�, = ar' :�emir�ded eacY: da�j �rat _•�oL are a C_ty Counc� 1 cut oF co:�t � ol . �ou have dene oermanen� da:�age te the citize�r.s of t�is ci�y r�_th •.�o�r poor ��dr,mer.� a:ic '_ack ef_ ccmmcn serse to a:_o�,- ���s pro;ect to mater�ai�z�. .,..__ ccr__ii;� ion ai:ci uri,:��� tre tG^�e favcrs ::ould cause you �o a�; rove �his pro�ect :n viola� ion of tY:e N"_i�ide De��>e�opment Ordinance. :I:;•:� �re you go'_:�a to bri�g the ?�illside bacF: to ;t's or.igi�a] s�a�e of rar.deur? navi� �. I-:uns�cke.- C!tizeri 1 Pa�c 1 oI� 1 :�C���sen, F2ac�eif� �r�r.-: OLDWINDBAG@aol.com S�r:`�: Wednesday, October 13, 2006 5:47 PM -�z: Klassen, Raclielle �,,. jimvolz@comcast.net; lienchel@integra-insurance.com; �wwolte@aitglobal.nei; ZCFiEEF@WEXP.COM ��:b?ec��: Hagadone project i hav2 �ust received a letter from thE� Ironwood Hoi�eo�vners Association regarding our immediate neighbor, Mr. Hagadone (From Idaho). I have pl��yed golf at Mr. Hagadore's course in Idaho and I do not believe he would sit still and allovd ,�?is hilis to be scai red with a �ery ugly home. When it �vas apparent that something was wrong with tf�e mountain vieUr from my patio, it was apparently too late to s'cop this miss-carriage of town governance. What happened �o �oliticians that looked at all of the citizens (we are not in thi= class since we only pay property taxes are are not considered for anything but stuffing ihe town bank account}. Can someone from the town put forth a detailed memo to al of the residents (property cwners and renters alik�) on how iVir. Hagadone could have obtained 1he building permits to build such an ugly house for all to view? I like to reier to it as i��e 3arney Rubble Home (Flintston��s). If the town politiciaris have not noticed, this ugly eye sore can be seen not only irom Ironwood but from as far away as EI Paseo. �iease do someihing to stop this m�:ss on the mountain. Rcb2rt Higgins 73 477 :rontree Drive �alm Desert, Ca 1;).`! �)!?006 P�i�,c 1 �i� 1 �ca��er�, F�ache�E� ��or:�: Carla Hanks [cjehanks(�verizon.nei] �erz: Wednesday, October 13, 2006 6�41 PM '-�: Klassen, Rachelle; gerr nagler@aol.com ��bi�c�: Hagadone Property "ct:�bcr 1 S, 200G i�%1�1\�O1' �1171 }'C1'�USOII, ��Iayor Pro Te►n Richard S. Kclley �'oui�cii mcmbcr Jcan v. Bcnson, Council membe; Robert A. Spic;�el Falm Descrt City Council ::�car Council: �';'c are shocl:ed and ciismayed at the blatant disregard by the Ha�adone Fa►z�il�� �l,rust ��rojcct ���iih re�ar�l to the };:-io� appro��al process and thc shccr sizc oi�their pruject in the hills east of Hi�h�.��ay 7� in P11�t� llesc:r(. :��� understandin� is that the ordin�uicc spccified a ma�:imum buildin� pad in thcsc hiils of 10,0()0 sc�<<are lect. 'I'hc E�1211111111� C011ll]11SSlOt7 I7ZS I10��' il�[)1'OVC(� il bt'i1CIi;CI <<rca of o��er G 1,00U square %et (in spitc of the :ccomiilendation of thcir o���n staf�f a�ainst appro��al.} 'l�his scts a prccedcnt. "l�hcreforc, il� a��roup oi� us dcci�lcs ic cic��elop in thc }�ills, ��e caii usc this approach as a�uide. 'i scc���s that "ruies ar� macic to Lc; brokci�" is ali��c 111ej \vell in Palm Descrt undcr this administration. This is a sad situatioil anci ane that c�oes nct speal< ��.ell of th� eity of Falm Desei-� or this aciminish-ation. `r'ours trulv. '��Iich�i�( L. I-Ianl<s 73-: b� Irot:ntree Urivc 1«lm Dcsert, Ca 922G0 f {;�' 19.-'200G SAMUEL GOLDSTEIN 49 Lagunita Drive, Laguna Beach, California 92651 tel: 949-497-7411 fax: 949-497-8146 e-mail: sam.pam@ver�zon net October 18, 2006 Palm Desert City Council 73-510 Fred Waring Drive Palm Desert, CA. 92260 Mr. Jim Ferguson Mayor, Richard S. Kelly Mayor Pro Tem Ms. Jean M. Benson Councilmember Mr. Robert Spiegel Councilman Dear Mayor and Councilmember's, �R�CErvED EiT Y CLERK'S OFFICE PALM DESERt, CQ 2006 ocr 2o dM it: 23 BY EMAIL & US MAIL RE; HAGADONE DEVELOPMENT — PALM DESERT CITY COUNCIL HEARING - October 26t", 2006 at 4:OOpm As a an affected homeowner in lronwood Country Club I must let you know that the above proposed residential development is and has been an outrage to the beauty and tranquility of Palm Desert. This project is so big that it can be seen for miles from the site and what it shows is a City Council that seems to be out of touch with the visual blight of Ridgeline Development. Our mountain ridge tops are sacred to this community and this development has crossed the line between intelligent design and an intrusion into everyone's peaceful and tranquil view of the mountains. The Planning Commission's recent vote of 2-1 endorsing an enlargement of the development from 45,000 sq feet to 61,000 square feet despite the absolutely negative input the City Staff had rendered to the Commission is a further violation of really bad and insensitive decisions with this project . The Hagadone site as described in the Palm Desert ordnances only allows for a 10,000 foot building pad and without variances this project cannot move forward. There are NO grounds for a variance for this project and there never has been but the applicant has been granted massive building without justification. This project has over developed the site contrary to their building permit and taking more ridgeline with it. In any other community this project would have been red tagged and shut down until it was brought back to what was granted in the original permit. Currently the pool is almost twice the size as described in their initial building plans with the infinity edge following the ridgeline when it was supposed to be set back from the ridgeline. The violations in the existing construction of this building site are too many to mention when you start with a 10,000 foot building pad and the applicant is now seeking to rape and pillage up to 61,000 square feet of buildings and more ridgeline taking. There seems to be a disconnect between sensible and sensitive building and just destroying miles of beautiful mountain views that affect everyone in the valley for a greedy self interested insensitive developer with the full cooperation of the Palm Springs City Council and Planning Commission. What was the City Council thinking when you granted the original building permit for this "Monster" project? Didn't you ever stop and think why you agreed to permit despoiling the mountain ridgelines that I think you all love and respect? And as an added note...our Community of Ironwood was never notified of this outrageous project from its conception and approvals but now that we know what has been done, we wilf not go away. IYs never too late to turn things around and I very strongly urge you to do just that.... STOP THIS INSANITY AND STOP THIS PROJECT until Ironwood retrieves the beautiful ridgeline that it never agreed to loose. A copy of this letter is going to be sent to the Desert Sun Newspaper, Fish and Game Agency, the Audubon Society, NRDC and any other protection agency that will help reverse this environmental catastrophe and bring back our ridgeline beauty and tranquility. Where is the Environmental Impact Report that supports this absurdity? Ve+`y/truly yours, w'� i � ° �'"G'GG amuel & Pa ela Goldstein 73-311 Mariposa Drive Palm Desert, CA. 92260 and 49 Lagunita Drive Laguna Beach, CA. 92651 949-497-7411 fax 949-497-8146 email: sam.pam@verizon.net Page 1 of 2 Klassen, Rachelle From: Samuel Goldstein [sam.pam@veriz�n.net] Sent: Thursday, October 19, 2006 10:21 AM To: Kiassen, Rachelle Subject: Hagadone Development - City Council Hearing 10/26/2006 October 19, 2006 Palm Desert City Council 73-510 Fred Waring Drive Palm Desert, CA. 92260 Mr. Jim Ferguson Mayor, Richard S. Kelly Mayor Pro Tem Ms. Jean M. Benson Councilmember Mr. Robert Spiegel BY EMAIL & US MAIL Councilman Dear Mayor and Councilmember's, RE: HAGADONE DEVELOPMENT — PALM DESERT CITY COUNCIL HEARING - October 26�, 2006 at 4:OOnm As a an affected homeowner in Ironwood Country Club I must let you know that the above proposed residential development is and has been an outrage to the beauty and tranquifity of Pa1m Desert. This project is so big that it can be seen for miles from the site and what it shows is a City Council that seems to be out of touch with the visual blight of Ridgeline Development. Our mountain ridge tops are sacred to this community and this development has crossed the line between intelligent design and an intrusion into everyone's peaceful and tranquil view of the mountains. The Planning Commission's recent vote of 2-1 endorsing an enlargement of the development from 45,000 sq feet to 61,000 square feet despite the absolutely negative input the City Staff had rendered to the Commission is a further violation of really bad and insensitive decisions with this project . The Hagadone site as described in the Palm Desert ordnances only allows for a 10,000 foot building pad and without variances this project cannot move forward. There are NO g�ounds for a variance for this project and there never has been but the applicant has been granted massive building without justification. This project has over developed the site contrary to their building permit and taking more ridgeline with it. In any other community this project would have been red tagged and shut down until it was brought back to what was granted in the original permit. Currently the pool is almost twice the size as described in their initial building plans with the infinity edge following the ridgeline when it was supposed to be set back from the ridgeline. The violations in the existing construction of this building site are too many to mention when you start with a 10,000 foot building pad and the applicant is now seeking to rape and pillage up to 61,000 square feet of buildings and more ridgeline taking. There seems to be a disconnect between sensible and sensitive building and just destroying miles of beautiful mountain views that affect everyone in the valley for a greedy self interested insensitive 10/ 19/2006 Page 2 of 2 developer with the full cooperation of the Palm Springs City Council and Planning Commission. What was the City Council thinking when you granted the original building permit for this "Monster" project? Didn't you ever stop and think why you agreed to permit despoiling the mountain ridgelines that I think you all love and respect? And as an added note...our Community of Ironwood was never notified of this outrageous project from its conception and approvals but now that we know what has been done, we will not go away. It's never too late to turn things around and I very strongly urge you to do just that.... ST4P THIS INSANfTY AND STOP THIS PROJECT until Ironwood retrieves the beautiful ridgeline that it never agreed to loose. A copy of this letter is going to be seni to the Desert Sun Newspaper, Fish and Game Agency, the Audubon Society, NRDC and any other protection agency that will help reverse this environmental catastrophe and bring back our ridgeline beauty and tranquility. Where is the Environmental Impact Report that supports this absurdity? Very truly yours, Samuel & Pamela Goldstein 73-311 Mariposa Drive Palm Desert, CA. 92260 and 49 Lagunita Drive Laguna Beach, CA. 92651 949-497-7411 fax 949-497-8146 email: sam.pam@verizon.net 10/ 19/2006 RECEIVED C1T Y CLERK'S OFFICE PALM DESERi, CA DONALD V. BLACK 2Q0� p�T I 9 AM il: 2 I 34 HILLTOP CiRCLE RANCHO PALOS VERDES, CA 90275 310-541-1571 October 14, 2006 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case # TT HDP/PP 04-21 Amendment #1 Dear Palm Desert City Council: I am the owner of a residence located at 73-115 Crosby Lane, and received notice of the referenced request for the 60% expansion of the graded area. I will be unable to attend the public hearing to be held on Thursday, October 26, 2006. I have the following comments with regard to this request. 1. The City of Palm Desert has a history of being careful about the environment in its approval process. With this in mind, it baffles me how this project was initially approved. lt permanently scars the Iocal hillside. Now the owner is asking for a 60% increase in the graded area. Do you really think this is in the best interest of the Pa{m Desert Community? f don't think so. 2. The City of Palm Desert needs to review its guidelines and policies for hillside development so that we can be sure to retain a cherished asset of our community for future generations. By approving this increase in graded area, you will be setting precedent for future requests that will make it more difficult to stop hillside development and establish proper guidelines for same. 3. For the reasons above, I strongly urge the City Council to deny this request. Thank you for your consideration and attention to this matter. Sincerely, � � RE: Hagadone Project Klassen, Rachelle From: John A. Hinds [johnahinds@dc.rr.com] Sent: Thursday, October 19, 2006 3:06 PM To: Klassen, Rachelle Cc: Drell, Phil Subject: RE: Hagadone Project From: John A. Hinds [mailto:johnahinds@dc.rr.com] Sent: Thursday, October 19, 2006 2:54 PM To: 'rklassen@ci.palmdesert.ca.us' Cc: 'pdrell@ci.palm-desert.ca.us' Subject: Hagadone Project To Whom It May Concern: Pls forward this email to: Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilman Robert A. Spiegel Sirs and Madam: We are homeowners at 126 Heather Court, Palm Desert, CA 92260. Page 1 of 2 We respectfully request that the City Council reject the Hagadone request for a further expansion of his already grossly oversized construction pad. In the first place, it was a serious mistake for the City to allow Hagadone to build such a structure on the ridgeline, which wil{ negatively impact the residents of Paim Desert for decades to come. Unfortunately, it is not practical to tear down the building at this time. To approve the proposed expansion would, however, be adding insult to injury. I have reviewed the drawings available at the City, and fully understand that this additonal expansion will be not be able to be seen from the desert floor. Nevertheless, we urge you to turn down the request to further expand this overblown project. To do otherwise would be to reward Hagadone's willful ignoring of the provisions of the original permit and his previous acts against the public interest. In addition, this area is Bighorn Sheep habitat and should be preserved as such. The provisions of the Hillside Development Ordinance, which we understand is intended to protect the interest of the community, are cleacly being repeatedly ignored in the case of th+s project. Evidently the strategy of the Hagadone minions has been to seek forgiveness rather than approval. Further expansion of the site, to six times the pad area defined in the Ordinance, is clearly counter to the intent of the Ordinance. The action of the Planning Commission, in overruling its own staff's opposition to this request, is incomprehensible. Ms. Finerty of the Commission, alone, seems to understand the importance of this l O/19/2006 RE: Hagadone Project issue. In summary, we urgently request that the City Council take the following actions: Reject the latest Hagadone request. Page 2 of 2 2. If the Council does not reject the request, it should at least impose the conditions recommended by the Planning Commission staff 3. Strengthen and vigorously enforce the Hillside Ordinance, and clarify its implementing provisions. To be clear, the objective should be to prohibit any future development, by anyone, on our ridgelines. 4. Change the notification process from the 300' impact zone to include all those in Palm Desert who would be visually impacted by any proposed project. We are voters in Palm Desert, and the Council's action on this matter will be of great interest, to us and our friends. Thank you for your consideration. John and Carol Hinds 10/ 19/2006 � Klassen, Rachelle From: D A NELSON [dncpa@verizon.net] Sent: Thursday, October 19, 2006 6:11 PM To: Klassen, Rachelle Subject: Hagadone Development Mayor Jim Ferguson Mayor ProTem Richard S. Kelly Councilmember Jean M. Benson Councilmember Robert A. Spiegel Page 1 of 1 I am a part-time resident of the Ironwood Community in Palm Desert. I understand the Hagadone development variance will be a topic at your October 26 Council Meeting. It is inconceivable to me how the Council could approve a 61,110 square feet development, when the City ordinance specifies pad areas not larger that 10,000 square feet. I could understand approval of a minor deviation, over 51,000 square feet is simply highway robbery.. I urge you to use common sense and disapprove such an overwhelming travesty. Don A. Nelson 48626 Torrito Court Palm Desert dncpa_@verizon net 10/ 19/2006 Page 1 of 1 Klassen, Rachelle From: Debbie Scott [scodebbie@gmail.com] Sent: Thursday, October 19, 2006 3:42 PM To: Klassen, RacheNe Subject: Hagadone Development Dear Mayor Ferguson, Mayor Pro Tim Kelly, Councilman Benson and Councilman Spiegel: As a resident of Ironwood Country Club, I would like to express my concern regarding the Hagadone development in Bighorn. The Hagadone development south of Ironwood has had a negative impact on the Ironwood community by intruding upon the previously undisturbed mountain ridge vistas overlooking Ironwood Country Club. The originally pristine ridge vistas have been turned into "bad joke." One of the buildings looks like a cross between the stone-age and Star Wars - with long slabs of rock or concrete jutting up into the sky. It would be laughable if it wasn't so sad. Obviously the owners have no sense of community or environmental responsibility, but I would have thought the City of Palm Desert would have. It is my understanding that the City of Palm Desert did not rigorously enforce the Hilside Development Ordinance when approving the original project. WHY? From previous dealings with the city, they rigorously enforce every other ordinance. On September 19, 2006, the planning commissioners approved a 16,000 sq ft EXPANSION of the Hagadone project that would extend the graded area of the compound to 61,110 sq ft even though the ordinance specifies a building pad area not larger than 10,000 sq. ft. This second decision was even made against the recommendations of the city planning staff. Recently, Planning Commissioner Cindy Finerty proposed a long list of conditions to the project that would have partially mitigated the impact on Ironwood Country Club and other homeowners, but these condition were defeated. I understand that the Palm Desert City Council will review this matter on Oct. 26, 2006. Since I will be unable to attend this meeting, I ask that you strongly consider overturning the Sept. 19, 2006 planning commission decision or, at least, have the mitigation conditions become a part of this approval. The City of Palm Desert did not follow the rules when approving the original plan, now is the time to make things right. I appreciate your consideration. Debra J. Scott 73448 Mariposa Dr. Palm Desert, CA 10/20/2006 Page 1 of 2 Klassen, Rachelle From: Lawrence Sutter [larrysutter@earthlink.net] Sent: 7hursday, October 19, 2006 9:09 PM To: Klassen, Rachelle Subject: FW: Hagadone Expansion Request ----- Original Message ----- From: Lawrence Sutter To: rklassen�ci.palmdesert.ca_us Cc: pdrell@ci.palm-desert.ca.us Sent: 10/19/2006 6:47:06 PM Subject: Hagadone Expansion Request Please forward this email to the following: Mayor Jim Ferguson Mayor Pro Tem Richard Kelly Councilmember Jean Benson Councilman Robert Spiegel Dear Madam and Sirs: We respectively request that you disallow the Hagadone request for further expansion vf the graded area. If you feel you must allow it, then it is absolutely essential that you impose the conditions as recommended in the planning department staff report of October 3. The city cannot continue to ignore and abuse the intent of the Hillside Ordinance. More than a year ago, we walked out our front door and looked up onto the ridge south of our home at 49220 Quercus Lane in Palm Desert. The large crane that was suddenly visible was our first introduction to the Hagadone project. Having just become full-time residents, we were distressed that someone would be building on this beautiful hillside. Since then, the project has become and eyesore and embarrassment to the Palm Desert community. In talking to individuals in the Palm Desert city government, some honestly and frankly admit there were serious mistakes made in allowing major exceptions to the Hillside Ordinance. We are amazed that you are even considering allowing the expansion of the graded site to more than 61,000 sq ft, 50,000 (!!) sq ft more than the ordinance states is allowable. We do not understand why the City of Palm Desert would allow such a violation of our hillside. We do not understand why the city continues to ignore the provisions of the Hillside ordinance. Do not allow yet another error to be made. Please: • Reject this Hagadone expansion project. It already is a tragedy that we will live with for years to come. . At the minimum, insure that the conditions recommended by the City of Palm Desert planning department staff report of October 3 be imposed. It will not solve the problem, but will take a few small steps to mitigate the negative impact on our community. • Modify 1he notification process for hillside projects to something much farther than the current 300'. This distance is irrelevant to project like Hagadone's. . Strengthen and vigorously enforce the Hillside Ordinance. It was written for purpose. Do not allow further abuse of our beautiful hillside. It is likely that the process that got the Hagadone project to this state was done legally, but that does not make it right. Do the right thing. Reject or strong condition this latest Hagadone request for the sake our our community. The Hagadone estate is a monument to poor government. Do not further stain your legacy. You have an obligation to enforce the Hillside Ordinance, and serve the broader interests of Palm Desert homeowners. Two of you are at the end of your terms. Do the right thing. 10/20/2006 Page 2 of 2 We and our voting friends will be watching your decision with interest. Sincerely, Lawrence and Yong Sutter 10/20/2006 Klassen, Rachelle From: Qiane Stratton [dms7777@earthlink.net] Sent: Friday, October 20, 2006 7:58 AM To: Klassen, Rachelle Subject: Hagaddone property Mayor JIm Ferguson Mayor ProTem Richard Kelly, Council Member Jean M Benson, Councilman Robert Spiegel, Dear Palm Desert Council Members and Mayor, I read with dismay about your decision regarding the Hagadone Property. It is beyond my comprehension how you have allowed this travesty to take place. Evidently, money talks, and Mr Hagadone has plenty to enforce his influence. We see his monstrosity from our patio, from our windows, and everytime we play golf. We see this monstrosity from every hiking peak in the valley. It is a blight on the scape. If you watched the LPGA tournament on TV at Bighorn, you could see the Hagadone house several times. I realize taste is in the eye of the beholder; however, does Mr Hagadone's attempt at being the largest house in the valley have to continue to draw attention from everyone else in the valley who treasures the beautiful mountain ridges. We did a small 400 square foot additon to our home in Ironwood and you would have thought we were building the Taj Ma Hal according to the city inspectors and architectual approval board of the city of Palm Desert. We were amazed at all the hoops we had to jump to get this small project done. It was reassuring to know that the city was on top of it and cared; therefore, protecting us from development that would not be beneficial to my neighbors. We were happy to meet all of the city's requests. Why is it that a project of this magnitude can get by with such enormous variances especially when there are huge objections from the neighbors? I do not believe that the governing body of Palm Desert represents its constituents in a responsible manner. Please, Please, vote against any further expansion on the mountain ridges. Thank you for your consideration, Dr. And Mrs Glenn J Stratton Ironwood resident Page 1 of 1 Klassen, Rachelle From: Klassen, Rachelle Sent: Friday, October 20, 2006 8:57 AM To: 'oldwindbag@ao{.com' Subject: RE: House on hill side Dear Mr. Higgins, Thank you for contacting me. To the best of my recollection, none of the Palm Desert City Councilmembers have received contributions from the Hagadone Family Trust for any of the General Municipal Elections the past 10 years. In fact, in the 2004 Election, none of the incumbents that were reelected (Buford Crites, Richard Kelly, Robert Spiegel) had a Campaign Committee for soliciting or receiving contributions. I would be happy to make the records available to you for your personal research to confirm this fact. Please let me know when you would like to come by my office, and we will have the files ready for you. If there is any other information or assistance I can offer, please let me know as well. Rachelle Klassen, City Cferk City of Palm Desert PH: 346-0611, Ext. 304 -----Original Message----- From: oldwindbag@aol.com [mailto:oldwindbag@aol.com] Sent: Thursday, October 19, 2006 7:4Z PM To: Klassen, Rachelle Subject: House on hill side 1 recently sent an e mail asking for some info about the house above Irontree Country Club. I would also like to find out how much this individual from Idaho has contributed to the election of all of the town council members for the past ten years (I would assume the town has such information that would be available under the freedom of information act). Robert Higgins Check.out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. 10/20/2006 Page 1 of 1 Klassen, Rachelle From: Lynnetracy60@aol.com Sent: Friday, October 20, 2006 11:48 AM To: Klassen, Rachelle Cc: krobertson@drminternet.com Subject: Ironwood Country Club Hagadone Complaint Letter October 20, 2006 TO: Palm Desert City Council I am a year-round homeowner living in IRONWOOD CC. It is very disappointing to fearn how lhis entire ordeal regarding the HAGADONE DEVELOPMENT has continued. This is a complaint in support of my neighborhood and the obstruction of our beautiful vistas, which I can view from my front yard. I do not favor the construction as it even looks today from our homes below. Please support and help us in this matter. I never received a letter informing me of the plan. Thank You, Lynne Tracy 73-448 Poinciana Place Palm Desert, CA. 92260 CC: Gern Nagler Kelly Robertson 10/20/2006 Page 1 of 1 Klassen, Rachelle From: Chuck Henderson [chuckh0791 @comcast.netJ Sent: Friday, October 20, 2006 9:21 AM To: Klassen, Rachelle Subject: Hagadone Please forward this email to the following: Mayor Jim Ferguson Mayor Pro Tem Richard Kelly Councilmember Jean Benson Councilman Robert Spiegel Dear Madam and Sirs: We live at 48-884 Mariposa Drive in Palm Desert. Please add our names to the list of citizens that strong{y object to the Hagadone project in general and the expansion of this eye sore to the community. I have been in the real estate development business, obeyed the regulations, and value the natural beauty of the mountains surrounding Palm Desert. To have allowed this tragedy in the first place is unfortunate; io compound the precedent by allowing additional expansion is criminal. Please draw a line in the sand and prevent this rape of the community's cherished views. Charles L. Henderson 4120 187th Ave SE Issaquah, WA 98027 P (425) 401 0791 M (206) 550 6852 F (866) 255 0795 chuckh0791 @comcast.net 48-884 Mariposa Drive Palm Desert, CA 92260 P (760) 776 4109 F (866} 255 0795 10/20/2006 Page 1 of 1 Klassen, Rachelle From: Anne Harrell [mi2tn2ca@sbcglobal.net] Sent: Friday, October 20, 2006 9:24 AM To: Klassen, Rachelle Subject: Hagadone Expansion Request Please forward this e mail to the following: Mayor J. Ferguson Mayor Pro Tem Richard Kelly Councilmember Jean Benson Councilman Robert Spiegel Dear Madam and Sirs: We request that you disallow the Hagadone request for further expansion of the graded area. If you feel it must be allowed, then it is absolutely essential that you impose the conditions as recommended in the planning dept. staff report of 10/3! THE CITY CANNOT CONTINUE TO IGNORE AND ABUSE THE INTENT OF THE HILLSIDE ORDINANCE! We moved to Palm Desert 9 years ago because we were drawn to the beauty of the mountains surrounding our home in Ironwood Country Club. Things certainly have changed. This site is such an eyesore to the area. It is very distressing to think that our Palm Desert representatives would approve building on this beautiful hillside. In talking with representatives of Palm Desert city government, they have admitted that serious mistakes were made in allowing MAJOR EXCEPTIONS to the Hillside Ord. Now, the fact that you are even considering allowing an expansion of the graded site to more than 61,000 sq. ft is intollerable! This is a serious violation of our hillside ordinance. Do not allow yet another error to be made. Please reject this expansion project.At minimum, insure that the conditions recommended by the city of Palm Desert planning staff be imposed. It is certainly not a solution but will take a few SMALL STEPS TO MITIGATE THE NEGATIVE IMPACT ON OUR COMMUNITY. Modify the notification process for hillside projects to something much farther than the current 300 ft. This distance is irrelevant to projects such as this. Strengthen and vigorously enforce the hillside ordinance. DO NOT ALLOW FURTHER ABUSE TO OUR BEAUTIFUL HILLSIDE. Please do the right thing. Reject or strongly limit this latest request. You can be sure the decision you make will be scrutinized with much interest when it comes to election time. Sincerely, Frank and Anne Hanell 10/20/2006 Page 1 of 2 Klassen, Rachelle From: sheila cushen [scushen46@hotmail.com] Sent: Friday, October 20, 2006 11:07 AM To: Klassen, Rachelle Subject: FW: Hagadone Expansion Request From: "Law�ence Sutter' <larrysutter�a7earthlink.net> Reply-To: larrysutte�@earth/ink.net s To: 'F�ed Bu!leiY' <febu/IeitC�aol.com>, 'Gern Nag/er" �gernnag/er�aao%com>, "LarryAbbotY' �abbott1940noaol.com>, 'Roge�Comerford" ° <JComerf476�a ao%com>, "VJ Shrader" <VShrader@aol.com>, 'Beverlee Human" <bevhumanCa�cox.net>, 'Bill Seal" <dwqsea/@ao%cnm>, 'Christie D'Ambrosio" <louied�ace%stecorp.com�, 'MargaretC/eve/and" <devejomar�amsn.com�, 'Mimi Brambilla" <rronwoodpd@aol.com>, 'NancyHaase"cNLHaase�aaol.com>, 'She�ryandRicha�dRuffel"<sheruffnaearthlink.net>, 'AnneHarrel/"<miltn2ca�asbcglobal.net>, "Cheri Janss" <cherrbjZ000@ao%com>, 'chuck hendeison" �chuckh0791 a�comcast.net>, 'Dave Prest" <prestCa�dc.rr.com>, 'Rob Reifschneide�" «obC�lovetheview.com�, 'Ron Doll" <rondoll�a earthlink.net�, 'Bill Maitin" �bi/vertwo�a ao%com>, 'Bob Cushen" <scushen46�a hotmail. com>, 'chuck henderson" <chuckh0791@comcast.net>, 'C/iffScarbo" <cskarbo@comcast.net>, 'Don Ca�lin" <doncarlin�aaol.com>, 'frank Ha�re/l" <fcharre/l�asbcg/oba/,net>, 'GunnarHaase" �Gunnarmh@ao%com>, '7ackGrady" �jgradyl�adc.rr.com>, 'John Cleve/and" ��devejomar�msn. com>, 'John Godfrey" <jgodf�ey�a dc. rr. com>, ':lohn H/nds" <johnah/nds�a dc. rr com>, '>oyce Leighton " :�j/eighton@dc.�� com>, "L/nda and Tom Robertson" �wingfoot03C�cs com>, 'Pau/ Muel%" <paujane65C�verizon.net>, 'Richarrl Seade" <RLStoddles@ao%com>, 'Samuel Goldstein" <sam.pam�verizon.net> � Subject: FW.• Hagadone Expansion Request ; Date: Thu, 19 Od Z006 Z1:71: 31 -0700 � Here is my letter to the City Council on the Hagadone mat[er. Please make sure your letter gets sent no later than over the weekend. ; larry ----- Original Message ----- From: Lawrence Sutter � To: rklassen@ci.palm-desert.ca.us = Sent: 10/19/2006 9:09:11 PM � Subject: Hagadone Expansion Request � Please forward this email to the following: ' Mayor Jim Ferguson Mayor Pro Tem Richard Kelly � Councilmember Jean Benson � Councilman Robert Spiegel Dear Madam and Sirs: � We respectively request that you disallow the Hagedone request for further expansion of the graded ' area. If you feel you must allow it, then it is absolutely essential that you impose the conditions as � recommended in the planning department staff report of October 3. The city cannot continue to ignore and abuse the intent of the Hillside Ordinance. � More than a year ago, we walked out our front door and looked up onto the ridge south of our home at 49220 Quercus Lane in Palm Desert. The large crane that was suddenly visible was our ; first introduction to the Hagadone project. Having just become fu11-time residents, we were distressed that someone would be building on this beautiful hillside. Since then, the project has become an ' eyesore and embarrassment to the Palm Desert communiry. 10/20/2006 Page 2 of 2 • n talking to individuals in the Palm Desert city government, some honestly and frankly admit there were serious mistakes made in allowing major exceptions to the Hillside Ordinance. We �re amazed that you are even considering allowing the expansion of the graded site to more than 31,000 sq ft, 50,000 (!!) sq ft more than the ordinance states is allowable. We do not understand why � :he City of Palm Desert would allow such a violation of our hillside. We do not understand why the city �ontinues to ignore the provisions of the Hillside ordinance. �o not allow yet another error to be made. Please: . Reject this Hagadone expansion project. lt already is a tragedy that we will live with for years to come. . At the minimum, insure that the conditions recommended by the City of Palm Desert planning department staff report of October 3 be imposed. It will not solve the problem, but will take a few small steps to mitigate the negative impact on our community. � . Modify the notification process for hillside projects to something much farther than the current . 300'. This distance is irrelevant to project like Hagadone's. . Strengthen and vigorously enforce the Hillside Ordinance. It was written for a purpose. Do not � allow further abuse of our beautiful hillside. ; t is likely that the process that got the Hagadone project to this state was done {egally, but that does �ot make it right. Do the right thing. Reject or strongly condition this latest Hagadone request for the �ake of our community. The Hagadone estate is a monument to poor government. Do not further stain your legacy. You have an obligation to enforce the Hillside Ordinance, and serve the broader interests of Palm Desert �omeowners. Two of you are at the end of your terms. Do the right thing. J1le and our voting friends will be watching your decision with interest. � 3incerely, , _awrence and Yong Sutter j �OBERT AND SHEILA CUSHEN ' 73-191 BOXTHORN, ; 'ALM DESERT, A 98249RK 111-in-onc security and maintcnaiice for y_our PC._Get a free 90-ciay trial! 10/20/2006 Page 1 of 1 Klassen, Rachelle From: Ilouisedebutts@juno.com Sent: Friday, October 20, 2006 10:39 AM To: Klassen, Racheile This email is addressed to Mayor Jim Ferguson, Mayor ProTem Richard S. Kelly, Council member Jean M. Benson and Council member Robert A. Spiegel. On October 26, 2006 you will be considereing the Hagedorn request to expand the area of his project by 16,000 sq. ft. The planning commission has approved the expanion in spite of the ordinance which specifes that the building pad noi exceed 10,000 sq. ft feet, and the recommendation of the city planning staff to deny the request. If Mr. Hagedorn is allowed to proceed with his plan he will then have a graded area of 61,110 feet. Somewhat over the 10,000 sq. feet stated in the ordinance! In the interest of the betterment of the city this flagarant "overlooking" of the requirements stated in the Hillside Development Ordinance shouls not be tolerated. Mr. Hagedorn clearly does not have the interest of the city in his excessive plan. We urge you reject his proposal to send a message that the desires of one man to create a mega estate will not be tolerated. 10/20/2006 Klassen, Rachelle From: siriiris@earthlink.net Sent: Friday, October 20, 2006 10:26 AM To: Klassen, Rachelle Subject: Attention PD City Council As a Palm Desert resident and homeowner in Ironwood Country Club, I would like my opinion to be noted. I am incredibly disappointed in our elected officials who have apparently bent the rules both legally and aesthetically with regard to the construction of the Hagadone monstrosity. Mind you, I am not against growth and development, but to have allowed the construction of such a property carved into the mountain, makes me wonder where it will stop. This giant edifice to one personaE'"s ego has marred our mountains and is visible from miles away. And now, this person wants more? Why have development regulations and ordinances if no one is going to enforce them? Or perhaps the better question is, who is getting paid to ignore them? I hope that any further development of the mountain side will be prohibited. Shame on us for letting this happen in the first place. Sincerely, Siri A. Kennedy 1 Page 1 of 1 Klassen, Rachelle From: Jacob Frick (jfrick@wi.rr.comJ Sent: Friday, October 20, 2006 9:54 AM To: Klassen, Rachelle Subject: Palm Desert City council Meeting-October 26th To Mayor Jim Ferguson, Mayor ProTem Richard Kelly, Councilmembers Jean Benson and Robert Spiegel, I am the owner on the home at 73-765 Agave Lane in Palm Desert. I bought this home for my retirement which unfortunately is still a few years away. I love Palm Desert—the amenities, landscaping, mountains, weather and especially the beauliful natural areas which the people and government of Palm Desert have obviously carefully preserved. Last time we visited our home in the desert we were appalled at a terribly ugly house that mars the view of the mountain ridge line from our house. I was surprised that this massive house was approved for this location. It sticks out like a sore thumb in an area where othe►wise you can barely notice that there are any houses. This massive concrete abomination sports huge windows that are highly reflective and very ugly in such an otherwise natural selting. Now f understand that there are plans to EXPAND this already massive compound (the Hagadone project—even the name is ugly}. I understand that the planning commission has already approved this expansion which appears to violate the city ordinance for maximum size of a building pad by SIX TIMES! I'm not sure what the planning commission is thinking of, but I hope you all understand how this looks to me. IYs difficult to think of any reason why a city government representative would vote in favor of a project that clearly violates the city ordinance, but none of lhose that come to mind are pretty. On October 26, I will be in NYC on business, and therefore am unable to attend the City Counci{ meeting. I urge you to vote against this expansion proposal, and moreover I would request that the owner of this property be asked to dismantle this structure which currently spoils an otherwise beautiful natural mountain view. If you decide to vote in favor of this proposal, I request that each of you correspond with me to clearly explain how you could vote for approval Thanks you for your attention. Jacob Frick 2607 N Wahl Avenue Milwaukee, Wisconsin 53211 10/20/2006 RECElVED CIT Y CLERK'S OFFfCE PALM DE5ER7. CA 2006 OCT 23 AM I l� 43 City of Palm Desert Re: CASE NO. HDP/PP 04-21 AMENDMENT # 1 To the City Council, We have a home at Ironwood Country Club that looks directly up to the property at Bighorn owned by Mr. Hagadone. We were shocked to arrive last winter and see a structure built on the mountain above us, a mountain that has always appeared natural and pristine. The city of Palm Desert has mountains surrounding it, mountains that are natural and lovely. The setting would be changed if the City of Palm Desert allows construction on these beautiful mountains. We would leave the city if this natural beauty is compromised by allowing structures to appear on these mountains and hills above and azound us. Mr. Hagadone and the approving City of Palm Desert have already put the entire city in a compromised position. Please don't allow any further development which would change the beauty of a city and make it into an urban eyesore. A competence has to be established that doesn't allow one person to blight our community. We would like to think this could be dealt with before the matter becomes too explosive. Please feel free to contact us regarding our input. Thank you. Sincerely, ��� w�.-.t t-��y Tom and Whitney Braden 73-435 Irontree Palm Desert, Califomia 92260 Michael � Car1a Hanks cjehanl�cs.00m 73-185 Irontree Drive Palm Desert, CA 92260 October 18, 2006 Mayor Jim Ferguson, Mayor Pro Tem Rich�rd S. Kelley Council member Jean M. Benson Council member Robert A. Spiegel Palm Desert City Council 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Council: We are shocked and dismayed at the blatant disregard by the Hagadone Family Trust project with regard to the prior approval process and the sheer size of their project in the hills east of Highway 74 in Palm Desert. Our understanding is that the ordinance specified a maximum building pad in these hills of 10,000 square feet. The planning commission has now approved a graded area of over 61,000 square feet (in spite of the recommendation of their own staff against approval.) This sets a precedent. Therefore, if a group of us decides to develop in the hills, we can use this approach as a guide. It seems that "rules are made to be broken" is alive and well in Palm Desert under this administration. This is a sad situation and one that does not speak - we`�I ot the city of Palm Desert or this administration. Yours truly, / �/``1 % y Michael 8� Carla Hanks - . .. . . . . .,,� ., . t .: �. :;, � ��. _ - � . : . �� - -•., . �;, , . . .:,,: �_ :.. 760. 568. 238� Fax. 760. 568. 2380 N C�7 O Q1 O c'� --+ N w "d _ N � J � �� T� --G r' � �� '' r t"�t r�*s � �' N�m � �7N� -'ov n� n� � , ��CElVED C;T Y CE.ERK'S OFfiCE �ALM DESERT. CA 2��6 OCT 23 PM 2� 47 10 19 06 Palm Desert City Council 73-510 Fred Waring Drive Palm Desert, CA 92260 Gentlemen: Now, after allowing the Hagadone Construction to proceed, how will the Palm Desert Planning Commission and Town Gouncil be able to refuse a similar request from people who want to build on our ridge-line? In other words, "There goes the neighorhood" In this voter's opinion it was a terrible and illegal decision. Sincerely, , ,,L ���—�� Keith Te or 73187 Silverleaf Ct. Palm Desert, CA 92260 340 5610 hT�X ( q 5�: � �4GG- • Go M -�� �� � g� � ,i �. -�. - - - - - 1 :: � . f �,. � �- - �� � . - ' , . �ti, � • : �. /• ./ � ' i �' � � , � � �. � � � � � % � / � �, � • , ` ��� � � � i� �� � I ' � �'' / `�� ' • � , . `, j �' ` / ' �% � �. �� . ,� / , _�� . .. ._� , � s �. � i r' �'" _ i' � � / � �� / �. i � r � .. ' i .�� � . , i � �� � , � � �_ � . - �, t �, � / - ' � r � ; ��. .,� _�!� � � / , �, . � i • � � � � � � I , ` � � /, '�� �i � , �, ' �' � • ' • . / �� + - � '� � � �, ��,� . -. . , „ ,• � i , / , r ri , . `+ � ,� . �r - j ��' ; 1,� / / ' ,� � /i � �� i � �� / I • S � � / / /(i `� � � ' / ' , i / �; i � / ; i � � / ! � ' � • •I �� / � � �t / , � i, t• �� I � � . � � � �� � � ' � � � � � / i/ � � .`. /♦ �/ , � � �/ , � , 1 ., � ,, , , � r � r / •i .� � , I � � � � / � r � COMMERCIAL & INDUSTRIAL bEVELOPMENT R E C� I V E D REAL ESTATE lNVESTMENTS CIT Y C�ERK'S OFFICE PALM DESERT. CA GEORGE-THOMAS ENTER�1��.1� �: � 14531 DELANO STREET • VAN NUYS, CA�{FORNIA 91411 •(8i8) 781-0255 • FAX (818) 781-0263 Thomas L. Herron MANAGING MEMBER October 19, 2006 Mayor Jim Ferguson City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mayor Ferguson: Re: Hagadone Project Some weeks ago I wrote City Planning Commissioners expressing my displeasure witli ttie Hagadone project, which essentially spoils the view of the ridgeline to the South of Ironwood Country Club. I noted that the pending request for 16,000 square foot extension of the pro- ject would only compound the mistake made in approving the development in the first place. Incredibly, we now learn that the expansion has been approved, and that a list of conditions which Planning Commissioner Finerty recommended to partially mitigate the impact of the addition, was even defeated by the Council. It is hard to fathom what thinking, or lack of it, went into that decision. I understand this matter wi11 now go to the Council for review and consider- ation on the 26th of October. Though I would certainly like to be present and express my view at that time, I will be unable to do so; but I ask that our letter be submitted for the file along with what I am sure will be many, many others. We note that the Hillside Development Ordinance, intended to encourage mini- mum hillside grading and to "protect undisturbed viewsheds and natural land- mark features including vistas and natural skylines" has apparently been totally ignored in decisions made to date by the City. One wonders how long it will be until the City is faced with an expensive lawsuit because of its approval o£ this development and its expansion in contravention of these guidelines. Very sincerely yours, Thomas . Herron TLH/he cc: Mr. Gern Nagier, President, Ironwood Master Maintenance Association Klassen, Rachelle From: jwiggins@jhwiggins.com Sent: Friday, October 20, 2006 2:47 PM To: Klassen, Rachelle Cc: larrysutter@earthlink.net To the Palm Desert City Council: I am in receipt of a copy of a letter sent you by Larry and Yong Sutter dated 10/19/2006 concerning the Hagadone residence enlargement. We second his comments and urge you to reject the enlargement requested by Mr. Hagadone. I have talked to a number of permanent residents in Ironwood about the concerns reflected in the Sutters' letter. To a person, they all agree with those stated therein. Please act for the majority of your constituents who live here full time instead of the one part time person from Idaho. Respectfully submitted, John and Peggi Wiggins Page 1 of 1 Klassen, Rachelle From: Steve Ness [sness@nessholding.com] Sent: Friday, October 20, 2006 2:58 PM To: Klassen, Rachelle Subject: Hagadon Mayor Jim Ferguson: Mayor ProTem Richard S. Kelly: Council Member Jean M. Benson: Councilman Robert A. Spiegel: Re: Hagadon Property As a resident of Ironwood I am adamantly opposed to any variance on the Hillside Development Ordinance that favors one party over another. It seems unfathomable that any resident is able to convince the city planning department to authorize an exception that is so obviously disproportionately unacceptable to the majority. How does that happen? I expect my representatives to represent me honestly and with integrity. Am I expecting too much? Thank You, StereNess President Ness Holding/Kool Pak, LLC 503 978 2100 800 938 3525 x 200 email: sness a`nessholdina.com website: �v��-w.kool,nak.com 10/20/2006 Page 1 of 2 Klassen, Rachelle From: gernnagler@aol.com Sent: Friday, October 20, 2006 3:17 PM To: Klassen, Rachelle Subject: Fwd: Hagadone Expansion -----Original Message----- From: gernnagler@aol.com To: larrysutter@earthlink.net Sent: Fri, 20 Oct 2006 7:00 AM Hagadone Expansion this letter to: Subject: Please forward Mayor Jim Ferguson Mayor Pro Tem Richard Kelly Council member )ean Benson Councilman Robert Spiegel Subject: Hagadone Expansion and Project I am the president of the Ironwood Master Association. As such, my board and I represent over 11Q0 homes in our community. Although we have not canvassed every single homeowner on the damage done to our ridge line by the Hagadone project, there has been enough e-mails, phone calls, and general conversations to make it quite apparent that our community has been tarnished. We are proud that we are located in the center of some of the most exclusive gated communities not only in the desert, but in the nation. As such the City of Palm Desert has the responsibility to protect the populace from not only crime, fire, etc., but also from any harm done to our environment. According to your own regulations there have been numerous violations to the permits issued to this project. We don't blame Mr. Hagadone, or the community of Big Horn. Only those responsible for approving the terrible damage done to our view of our mountains, and ridge line. We appreciate the effort of Mr. Hagadone to attempt to mitigate the eye sore of an office that was approved. However, the most common comment I have heard is that it looks like the home of "The Flintstones". There should have been more research done on the shapes and colors of the faux rocks so they would blend with the adjoining ridge. We do understand that there is work in progress to correct this problem. Thank you. Also, the notification rule of 300' was totally inappropriate for this project. We know you can't demolish this home, but there are a few things that can improve the situation. Correct the color and shape of the rocks around the office, cover the pool edge so as not to be visible from below and make sure that there are no exterior lights that would blemish the sky at night. This can be accomplished by conditioning the project according to the recommendations in the planning department report of October 3, 2006. Even more important. Please don't let this happen again. Thank you for your time. R. Gern Nagler President, Ironwood Master Association 10/20/2006 Page 2 of 2 Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. 10/20/2006 Page 1 of 1 Klassen, Rachelle From: Sally Conway [conwaysj@comcast.net] Sent: Friday, October 20, 2006 4:14 PM To: Klassen, Racheile Subject: Hagadon Development Dear Mayor Jim Ferguson, Mayor ProTem Richard S. Kelly, Councilmember Jean M. Benson, and Councilman Robert A.Spiegel: We are homeowners at the Ironwood Country Club and are writing to you concerning the Hagadon Development. We are upset that the city of Palm Desert is allowing a pristine hillside in BigHorn to be scarred by development. For some reason the city is choosing to ignore the Hillside Development Ordinance. We are wondering why!!! If you cannot elimate this eye sore, please find the courage to mitigate it. At you October 26th hearing, please vote to represent the majority, not the moneyed minority. Thank you in advance for your consideration, John and Sally Conway 73407 Irontree Drive Palm Desert, CA 92260 10/20/2006 Page 1 of 1 Klassen, Rachelle From: PAUL A MUELLER JR [pauljane65@verizon.net] Sent: Monday, October 23, 2006 5:26 AM To: Klassen, Rachelle Subject: Hagadone Expansion Request Please forward this email to the following: Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmembers Jean M. Benson and Robert A. Spiegel Dear Madam and Gentlemen: We ��ere astounded to learn that the City of Palm Desert Planning Commissioners first approved a 16,000 square feet expansion to the Hagadone "development" and then voted down conditions to control some of the harm and to recognize the concerns of other parties who live below. • We live on the 14th hole of Ironwood Country Club's North Course and daily look up at the blinding reflection from the sun off the glass on what we have been told is an "office". This "office" is like a lighthouse with one major difference - there is no public benefit from its location. We are concerned about the failure to enforce Palm Desert's Hillside Development Ordinance. The wrong precedent is being established to protect the beauty of our fabulous desert environment. Is it possible that this was Mr. Hagadone's plan from the beginning? Open the door slightly with the original project, and then, once that is approved and started, push it wide open! We implore you not to do additional harm to the vistas and natural skylines that so many enjoy now and others will in the future. We request that you vote to turn down this additional expansion by Mr. Hagadone. Sincerely, Jane and Paul Mueller 49201 Quercus Lane Palm Desert, CA 10/23/2006 Page 1 of 2 Klassen, Rachelle From: Ristoddles@aol.com Sent; Sunday, October 22, 2006 5:58 PM To: Klassen, Rachelle Cc: larrysutter@earthlink.net Subject: (no subject) For the attention of: Mayor Jim Ferguson Mayor Pro Tem Richard Kelly Councilmember Jean Benson Councilman Robert Spiegel Dear Members of The Palm Desert City Councii: Ref: Case No. HDP/PP 04-21 Amendment #1 In reference to the forthcoming public hearing on October 26, 2006 at which time the City Council will consider a request by Hagadone Family Trust for an amendment to a hillside development plan/precise plan to expand the approved graded area from 38,000 square feet to 61,110 square feet located at 706 Summit Cove in the foothills of the Canyons at Bighorn Golf Course, please accept this e-mail as record of our objection to the proposed amendment and a request that the amendment be disallowed. As long-term residents of Palm Desert and now living at 73-380 Poinciana Place located in the Ironwood Country Club, for more than 15 years we have enjoyed the undisturbed views available to us and other residents/visitors of pristine and largely undisturbed hillsides and mountains that border the southern portions of our fair city. Only within the past year has this view been blemished by the construction now underway for the Hagadone Family Trust. Initially, was the construction of "the office," a perch unnaturally positioned above the hillside ridge. Presently, further construction is underway of a building(s) with roofing structures that rise unnaturally at elevations substantially above the ridge line in an easterly direction. It is was difficult to understand how the "office" edifice was permitted in the first place. Further, it is unbelievable that our city government has permitted this additional construction that will be another permanent scar on the hillside. Now, it is almost impossible to believe that our City Council might approve the expansion project now under consideration regardless of provisions of city ordinances and prior staff recommendations that would deny this project. What else is in store for the future? What precedencies are being set? If we may, we would like to quote two statements of city officials that seem to point future progress against such development under consideration: (1) text from "Proven Leadership" pamphlet by Jim Ferguson, Mayor, City of Palm Desert: "Finally, I will vigilantly fight to preserve the natural beauty of our hillsides and open space." (2) text from campaign brochure by Cindy Finerty, Planning Commission, City of Palm Desert: "I have worked ... to ensure our superior development standards are met." and "I have ... voted to protect our hillsides ..." We trust that these are heartfelt statements and not just sound bites for the voting public. Sincerely yours, 10/23/2006 Page 2 of 2 Sandra and Richard Searle 10/23/2006 Page 1 of 1 Klassen, Rachelle From: PHYLLCA@aol.com Sent: Sunday, October 22, 2006 12:36 PM To: Klassen, Rachelle Subject: Hagadone Development Hello, I have been watching the house being built on the mountain ridge vista overlooking Ironwood from the beginning. At first I was not concerned with the rock formation being developed to hide the o�ce I think if you tint the windows dark in the office it will blend in better. However, the other day when I returned from a business trip and was driving up Monterey I could see the house from far away. It does seem a little too much now. I am a very reasonable person and do not have time to come to the meetings etc. My concern is the project has gotten out of hand and it is hard to tell Bighorn no. I am sure the owner is a reasonable man and a compromise can be reached. I think you should consider the valley impact with this type of building on the mountain Ridge and rethink your votes. It is starting to look like if you have the money you can get around the council. I really respect the great job Palm Desert has done in the budget and planning of a great city. We moved here from Irvine which was also a well run planned community and hope to see you address this correctly. We own two properties in Ironwood and a house in the summit so you do get lots of property tax money from us. Thanks a concerned full time resident of Palm Desert. Phyllis Carpenter Cyphers H. Carpenier & Associates 73366 Rosewood Palm Desert, Ca. 92260 Phone: 800-579-0787 Fax: 760-776-4287 10/23/2006 Page 1 of 1 Klassen, Rachelle From: Judymetz@aol.com Sent: Sunday, October 22, 2006 11:26 AM To: Klassen, Rachelle Subject: Hagadone Project We have been residents of Ironwood Country Club for 15 years nnd for 14 of those yenrs we have loved looking ut the mognificent ridge line between us and Big Horn, in nddition to the spectucular views from our golf courses. However, due to the inattention or ignorance of the City of Pnlm Desert of the Hillside Development Ordinunce, thnt nuturnl lundmnrk has been disgracefully and permanently nitered by the Hngadone Project. And now the developer wants your permission to deface an ndditionul 16,000 squnre feet. It is your obligntion as elected representutives of the community to prevent the extension of this ntrocity. The voters certninly will be reviewing your vote on this m4tter. Most sincerely, Mr. and Mrs. Frank A. Metz, Jr. 10/23/2006 Page 1 of 1 Klassen, Rachelle From: JACKIE MURRAY [murgolf8@verizon.netj Sent: Saturday, October 21, 2006 5:15 PM To: Klassen, Rachelle Subject: Hagadone property Dear Mayor Jim Ferguson, Mayor Protem Richard Kelly, Councilmember Jean Benson, and Councilman Robert Speigei: We have been great supporters of the city council for at least 25 years because of the fiscal stability you, and those before you, have afforded this city. We have grown so very fast but there has always been someone watching over our magnificent hills, until now. It breaks our hearts to look up and see the encroachment the Hagadones have been able to place on our ridgeline. It doesn't seem fair that they have been able to build with complete disregard for their neighbors. How will you be able to stop the next builder with enough funds to build where they want? Now they want to add an additional 16,000 sq ft expansion. There can't be any way to mitigate the added lights from a tennis court, etc. We already have lights from their home to contend with and we can foresee many, many parties and charity events being held there. Please, please put a stop to this injustice now! Sincerely, Jackie and Jim Murray, Ironwood Country Club 10/23/2006 Page I of 2 Klassen, Rachelle From: Lee Human [leehumanmd@cox.net] Sent: Saturday, October 21, 2006 9:25 AM To: Klassen, Rachelle Subject: Hagadone Expansion Request Please forward this email to the following: Mayor Jim Ferguson Mayor Pro Tem Richard Kelly Councilmember Jean Benson Councilman Robert Spiegel Dear Madam and Sirs: We respectively request that you disallow the Hagadone request for further expansion of the graded area. If you feel you must allow it, then it is absolutely essential that you impose the conditions as recommended in the planning department staff report of October 3. The city cannot continue to ignore and abuse the intent of the Hillside Ordinance. More than a year ago, we walked out our front door and looked up onto the ridge south of our home at 49220 Quercus Lane in Palm Desert. The large crane that was suddenly visible was our first introduction to the Hagadone project. Having just become full-time residents, we were distressed that someone would be building on this beautiful hillside. Since then, the project has become an eyesore and embarrassment to the Palm Desert community. In talking to individuals in the Palm Desert city government, some honestly and frankly admit there were serious mistakes made in allowing major exceptions to the Hillside Ordinance. We are amazed that you are even considering allowing the expansion of the graded site to more than 61,000 sq ft, 50,000 (!!) sq ft more than the ordinance states is allowable. We do not understand why the City of Palm Desert would allow such a violation of our hillside. We do not understand why the city continues to ignore the provisions of the Hillside ordinance. Do not al(ow yet another error to be made. Please: . Reject this Hagadone expansion project. It already is a tragedy that we will live with for years to come. . At the minimum, insure that the conditions recommended by the City of Palm Desert planning department staff report of October 3 be imposed. It will not solve the problem, but will take a few small steps to mitigate the negative impact on our community. . Modify the notification process for hillside projects to something much farther than the current 300'. This distance is irrelevant to project like Hagadone's. . Strengthen and vigorously enforce the Hillside Ordinance. It was written for a purpose. Do not allow further abuse of our beautiful hillside. It is likely that the process that got the Hagadone project to this state was done legally, but that does not make it right. Do the right thing. Reject or strongly condition this latest Hagadone request for the sake of our community. The Hagadone estate is a monument to poor government. Do not further stain your legacy. You have an obligation to enforce the Hillside Ordinance, and serve the broader interests of Palm Desert homeowners. Two of you are at the end of your terms. Do ihe right thing. 10/23/2006 Page 2 of 2 We and our voting friends will be watching your decision with interest. Sincerely, Lee Human, M.D. and Beverlee Human 49161 Mariposa St. Palm Desert, CA 92260 leehumanmd@cox.net 10/23/2006 Kfassen, Rachelie From: Thomas Randolph [mtrand5@earthlink.net] Sent: Monday, October 23, 2006 9:02 AM To: Klassen, Rachelle Subject: Hagadone expansion To: Mayor Jim Ferguson, Mayor ProTem Richard S. Kelly, Councilmember Jean M. Benson and Councilman Robert A. Spiegel. I am a member of Ironwood Country Club and adamantly opposed to any expansion of the Hagadone development at Bighorn. This would only compound the error made initially by not rigorously enforcing the Hillside Development Ordnance "to protect undisturbed viewsheds and natural landmark features including vistas and natural skylines". 1 Michelson, Wilma From: Sent: To: Subject: Todd W. Besant [todd@macoequip.com] Saturday, October 21, 2006 7:30 AM CityhallMail Hagadone Family Estate <p_ />Octcber 21, 2CC6<n= /><b Co�n�il<Dr />City of Fa�rr �ese Cesert, �A 922E�<br %><br /><b �cu�cil:<br /><pr /><br /><br Deser�, Ca��fo�ni�, a�d I've b years.<br />I am ir. scppc_t of fcr<pr />approva�. i nave beer. of L!�e<br />Ci�y o` Palm Ceser a o:onder=ul co�nmL^ity a:�u envi er.co�pass'_�g Nn�ie bein� �inar. 4;o:�derful jo� a� Lhis. A�a�t o` BIGf:CnN, rt zas been a�eau to r�vGi a�y residen�ial area ero�erty valLes zt 3�G?-iORN, as soU_ce cf =eve�ae `or<br />the t'�e coz�rii�u�ion o� reve :ue<br />?-io:�cra�le N,ayor ar.d �e�be�s cf �he City •L<br />�3-5�0 Fred [^�arina Drive<�r />Pa�r�. /»ear N:ayor cergusor. ar.� �`eMbe=s cf che City ><pr />I live aL 73930 Sh��cw i.,a;:e �r. , Fa�r: :en a<b� />reside:�� or �re va��ey for 25 the Hagaricr.e applicatio:� t`�at is pe=ore the C��y ��:11y si.:ppertive ana a�preciative cf t!-ie er�or�s o✓er t'�e years ;.o pe p�ogress_ve anc �o prcv'_de �or.n.er.* ior _ts res=de:�ts tha� is aiverse �nd :i�i'_y pr•ade:��. I�r.ink zhe �ity has done a oF thaL diversity was createc. wi`h �he apprcvai iiul add` t=o:� to t:�e Ci �y wr.i�r. a' icws tne City a tne valley anc ar.y���rere _n tne coun�ry. The �hey con�inue tc �ise, orovice a cont�:�ui:�g ^ity t�at, o:� a�er capitG bas'_s, iikely exceeds />Lo rhe Citv o� �::v ct:�er resiaer.�ial aYea and �er�air.ly sor�e cor�nerciGl areas. <b� />l~ additicn �c raisir.g prope�ty values, �Y:e hor:tec.::�ers a� BIGHOTtT7 _.^.cest =n �ne<Dr />co�n.-nL^? ty i:� ct'�er :Jdy�S. T�".EV pa_ronize �he City's and valiey's commercia�<br />es�ar�lishmer.ts, cu��ts�al cer.ters, and ar�is�ic ever�s and r�ake very signi�icar.t<br />co:�tribatior.s to :ned`cal care, eaucatior. a:�d ct'�er corr�n�;nit�• r.or.-prof�t<br />or^ar.izatic�s.<br j><pr />Furthe�m.cre, BIGHORN, a� a deve'_cFr�e:�t, nas beer. �or.e witn exceecir.g ca�e a:�d<�r />�or.sideratio^ of t:�e d2sert enviror.ment. Tne an,e�iLies ar.d ':o:r.es a� BIGHORI� a�e<br />bea�ti�ul and tre golf ccurses ana 2ver.�s he�d tne=e nave p�ot�u':t nat�o:�ai and<�r />ir.ter:�at`o:�al recogni�ion to Pa':n �esert. Pal�r� �esert _s -�c lonqer cor.s�dered a<b: />�iLy r.ear 2al:n Spr�::gs; soc:�, �al:n Sp�ings �:ili �� seer. as a city near Pa1-n<br /»esert.<br /><br />Tre �-!agadene �ec;.e, c.hich is r.ear;:�g corr.; le�ior., i� a=ena�:{abie adci�ion �o �Y:e<br />�i`y. I� is a cne-o`-a-kir� res_der.ce tnat c,�ill r.eve� be dup' �catec and i� is<b� />in ^alrr. Desert. �'he desiqn ann :-o:nposit'_o : of the non,e is ar.orher exaMp_�e c�<�r />the se:�s'_ti••;i`_y �o �Y:e sur:o�..��d_�gs. Though�, e�iort and izves�rr.en� w�r.t ��to<br />�rea�� r.:, a hor:le tnat is compler.ier.tary tc the niliside. This ca:�:�o� be<;�r />accor��'_isneci ni�Y:oi;.� sicnif�ca�� inv�sLn.er.` anc w� t`:cut � t we all wot;ld zave<�r />beer. �ocking uc a� ano�her �;rd'_st�^guis'�ec, conver.�ior.a� ncr�e wnicY: makes r.c<b= />a~_temp* a� crea�_r.g u�iase:-iess that inspi�es pcss�bi�i�ies. T'.:�s �s a beas�i`�:1<i�r />add-ticn to �he CiLy for wi:'_c'.: we a�l szould �ake p�ide.<br /><pr />I ?�:cFe t'�e C�ty council s�ands ��p fcr, sapnor�s ar.d app�auds �ne Fia:,Gdcnes `or<pr />LY:ei� effcrts.<br /><br /><br />Si:ce=e'_y,<pr /><br /><br /><br />Toad �'. Resa�t<br />'Ji�e PresiuenL<br /><b= />Nlaco Ec�:i�r�er.t Re�tais, Ir.c.<br />31250 Reserve Crive<br />'_'�cusand �alms, CA 92276<b= />(760) 3�3-5622<c�r />rax ;76C) :s43-�o54 N 0 0 � O t7 -� N CrJ 3 .o n �� �� rn� =r� or*�('; f�17D �y �� < ��l� �OC7 �� bn � a�r�1VED ��P A LH DESER ��� A � Edward A Burger 113 Lantana View 2006 OC�' 23 AM 9� I 1 Palm Desert, CA 92260 Honorable Mayor and Members of the City Council City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 Honorable Mayor and Members of the City Council: October 18, 2006 I have resided at Bighorn for twelve years and have lived and voted in Pa1m Desert for over thirteen years. I wish to voice my support for the Hagadone home and its quality of design and construction. I also wish to thank the City Council for having the foresight to approve such an incredible addition to the City. Truly this will be the home that will receive worldwide recognition and it will be in Bighorn and Palm Desert. I look at the Hagadone house every day and I'm proud to have it in my community. I consider it to be the "Bob Hope" house of our area. It looks far better than homes I see in the Cahuilla Hills area, or the hillsides of Rancho Mirage or Palm Springs. I urge you not to impose any further conditions on the Hagadones after two years of construction. They seek to develop approximately 13,000 square feet of area that has already been disturbed in the course of construction and is located in an area shielded by the house and surrounding, natural rock outcroppings. In other words, this area is only seen by the Hagadones. Why does anyone care? The local paper, (through misinformation about a 61,000 square foot residence}, has succeeded in stirring up people for no reason. The only question to be decided is "should the 13,000 square feet be improved or not?" Any conditions beyond those directly related to the request and the 13,000 square feet, are inappropriate at best and unjust at worst. This is sending the wrong message, especially since the Hagadones are cooperating �vith the City to address these concerns. Voluntary cooperation should be encouraged and rewarded. Please be prudent and address the longer term nature of your decision making. Everyone coming before you should be able to rely on your decisions without the risk of modifications at a later date, after malcing a substantial investment. Sincerely, October 23, 2006 City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Hagadone Residence, Bighorn, Palm Desert Gentlemen: We are writing to express our support for the home being built by Duane and Lala Hagadone. A signature home like theirs reflects well upon the City and the image that the City presents. Additionally, we do not think the City should have the power to unreasonably place conditions upon the proposed sport court area. It is our understanding that the area in question does not impact the valley view at a11. The City certainly should not be able to condition its approval based upon required changes to the project that were already approved by the City. .�lIICarPl�r � Charles and Ethel Harreus 120 Fresco Lane Palm Desert, California 92211 � � � ^� � c� �"c � � ���-r� � ��� ��� rrt .� � ��Ta4 � ��� � E�-�rt Q �"" {7 h� �. Page 1 of 2 Klassen, Rachelle From: Bruce, Ken [Ken.Bruce@cibc.ca] Sent: Wednesday, October 25, 2006 7:49 AM To: Klassen, Rachelle Subject: FW: Oct 26 hearing re Hagadone building i agree 1 QO% with the attached. 1 live at 49070 Foxtai! Lane in Ironwood approx 5 monfihs of the year What Mr Delf failed ask - is there any collaferaf benefit being offer by the awner af the 8ighorn property to any organiZation or individuals as part of the approval process? Ken Bruce -----Original Message----- From: Ken Delf [mailto:ken@stonepine.ca] Sent: Tuesday, October 24, 2006 2:27 PM To: rklassen@ci.palm-desert.ca.us Cc: A. Webster Macdonaid; Ray Sebastian; Bruce, Ken; Marty Zlotnik; Glenn Stratton; Tom Robertson; ewdeer@sbcglobal.net; raymond.coad@fmc-law.com; gernnagler@aol.com Subject: Oct 26 hearing re Hagadone building Attention: Mayor Jim Ferguson, Mayor Pro-Tem Richard Kelly, Council Members; Jean Benson and Robert Spiegal. Dear Council, I am an active developer in Canada and have had extensive experience in Texas. We have a home in Ironwood and reside there every winter for at least 5 months. We seriously object to the decision by Council to overrule the recommendations of the City of Paim Desert Pianning staff. The rules seem clear. Please stand back and look at what this approval means: 1. A serious precedent is being set. How can a 61,000 sq. foot home be built when the ordinance is for a max. size of 10,000? How can a home be built on a ridge in an earthquake prone zone? What use is a planning staff if such a glaring abuse of the rules is permitted? The next applicant who chooses to have an outrageous home designed will have a reasonable chance of getting it approved. 2. One home on a highly visible ridge, the first that I am aware of in the area, means there will be more. For the current and future residents of the valley, this madness should stop. The view of the mountains is literally part of the Park like setting of the valley. Do you want to encourage such development? Shall you strike the "Hillside Development Ordinance" from City recards? 3. Good planning requires competent people to enforce and rationalize the existing legislation. For a council to totally ignore such an abuse of existing legislation is simply wrong and, in some jurisdictions, cause for legal action to halt it. 4. While "everyone is entitled to their own opinion, even if they are wrong" it should be #he mandate of the Council to help applicants do what is justifiable as well as logical under existing legislation. Such glaring ignorance of what is considered necessary, usable, problematic, and objectionable to all except the applicant and the Council is hard fo be! ieve. 5. My knowledge of residential real estate suggests that very large homes are considered to be up to 30,000 sq. feet. To see one that will approach in excess of 6Q,000 suggests that there may be some ofher mofive. This size of home brings with it massive impervious cover to fhe ground, creates an enormous amount of run off/potential erosion during rain storms, and has the potential to unfairly overload existing sewer services. (how many people can live in a 60,000 sq. foot home?) K. W. Delf No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.408 / Virus Database: 268.13.11/494 - Release Date: 24/10/2406 This e-mail message and any attachments are confidential. Any disseminatian or use of this information by a person other than the intended recipient is unauthorized. If you are not the intended recipient, 10/2S/2006 Page 2 of 2 please notify me by return e-mail, do not open any attachment and delete this communication and any copy. Thank you. 10/25/2006 Page 1 of 1 Kiassen, Rachelle From: Greg Trapani (greg.trapani@sbcgiobal.net] Sent: Wednesday, October 25, 2006 12:03 AM To: Klassen, Rachelle Subject: Hagadone To: Mayor, Mayor ProTem. and Council Members, Its is in disbelief that I write this e-mail to you. To find out that this project has moved out of your pian commission is shocking. if you let this issue move on each & everyone of you is truly not serving your community. I could write in terms assuming that you are going to vote in favor of this issue but I'm confident that you all, will do the right thing. No way would rational people even consider this proposal as it would be clearly in violation of the ordinances in place. They are there for the good of the community not just one persorz. Thanks for reading this and thanks in advance for voting against this matter in front of you! Greg Trapani 48843 Cassia Pa1m Desert 847- 525-1100 760-776-5801 aiter 11-06 10/25/2006 Klassen, Rachelle From: Pamela Deer jpameladeer@yahoo.com] Sent: Tuesday, October 24, 2006 3:46 PM To: Kiassen, Rachelle Subject: Hagadone development To: Mayor Ferguson, Mayor ProTem Kelly, Councilmember Benson, Councilman Spiegel Gentlemen: It was incredible to many that the original Hagadone project was ever approved. Aside from the issue that there seems to have been little regard for the Hillside Development Ordinance this has been a negative on our Ironwaod community by intruding upon previously undisturbed mountain ridge vistas. To learn that the City of Palm Desert planning commissioners approvad a 16,d00 sq ft expansion of this project on. Sept 19, 2006, was unbelievable. Where is the regard for the people of the nearby community? Where is the regard for the provisions of the Hillside Development Ordinance to protect? It might appear to a lay person that the Hagadone development has a profound & direct personal connection to the planning commissioners why else could this happen again? We fully support reconsideration of this matter to defeat this proposal or at the very least have mitigation conditions attached to the expansion project that would lessen the impact of the project on Ironwood. Thank you for your consideration. Sincerely, Dr. & Mrs Edwin W. Deer, Jr. 73-640 Jasmine Place Ironwood Country Club Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 1 Page 1 of 1 Klassen, Rachelle From: Meline Pickus [pickline@sbcglobal.net] Sent: Tuesday, October 24, 2006 2:15 PM To: Klassen, Rachelle Subject: Expansion of the Hagadone project I hve just learned that the city of Palm Desert planning commissioners have approved an expansion of the Hagadone project despite a recommendation against this expansion by the city planning staff. I am very disappointed . I have always looked to the Palm Desert administration as forward thinking and environmentally sensitive. The ordinances passed to encourage minimal grading of the hillsides, protect undisturbed viewsheds and other natural features have always seemed representative of a community living in harmony with its environment. I hope I will not have to change these opinions and start thinking that Palm Desert is just like all the other communities that bend to the pressure of development interests. Please vote against the proposed expansion. Meline Pickus 48-955 Mariposa Drive Palm Desert, Ca. 92260 10/25/2006 URGENT: Ridgeline development Klassen, Rachefle From: Shigenaga, Sue C [susan_shigenaga@merck.com] Sent: Wednesday, October 25, 2006 8:21 AM To: Klassen, Rachelle Subject: URGENT: Ridgeline development Importance: High Please share attached letter with Council members prior to October 26 meeting. «Ridgeline development 10-24-06.doc» Thank you, Sue Shigenaga 760.341.0204 Susan_shigenaga@merck.com ------------------------------------------------------------------------------ Notice: This e-mail message, together with any attachments, contains information of Merck & Co., Inc. (One Merck Drive, Whitehouse Station, New Jersey, USA 08889), and/or its affiliates (which may be known outside the United States as Merck Frosst, Merck Sharp & Dohxne or MSD and in Japan, as Banyu - direct contact information for affiliates is available at http:/lwww.merck.com/contacticontacts.html) that may be confidential, proprietary copyrighted and/or legally privileged. It is intended solely for the use of the individual or entity named on this message. If you are not the intended recipient, and have received this message in error, please notify us immediately by reply e-mail and then delete it from your system. ------------------------------------------------------------------- 0 10/25/2006 Page 1 of 1 October 24, 2006 Palm Desert City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear City Council Members, Over the last year, while driving south on Monterey Drive, I have been greatly disturbed with the view as I gaze to the horizon. My drive home each day has changed significantly, as I look at the mountains ahead that once were pristine. What once was a beautiful view of the Santa Rosa foothills now includes a ridgeline structure on the hills above Big Horn Country Club. Being a native Coachella Valley resident (and Palm Desert Resident for over 20 years), I value greatly the unique geological setting of this desert valley. I know I am not alone. Millions of visitors come to this area for the unparalleled beauty of this picturesque valley. Ringed by magnificent mountains, this desert valley is like no other. It is our desert mountains that make this area a premier destination and a source of solace and joy for all Coachella Valley residents. In my mind, the home on the ridgeline above The Canyons at Big Horn Country Club has marred this invaluable asset. Whatever the rational behind this development, the offset can not compensate for the deterioration of our natural resources. With persistent development pressure, the responsibility of sound stewardship of our natural resources is immense. Future generations depend on your sound judgment, and wise planning decisions. I respectfully ask the council to vote against further expansion of this residence. I also would ask that further development in our mountains be curtailed, and that policies be enacted to preserve our mountains. Thank you for the opportunity to share my views, and for your deliberate consideration of this important decision. Sincerely, Sue Shigenaga 76-145 Via Fiore Indian Wells, CA 92210 susan s�iigenaga@merck.com Page 1 of 1 Ktassen, Rachetle From: RHa#ch7988@aol.com Sent: Tuesday, October 24, 2006 8:28 AM To: rkiassen@cipalm-desert.ca.us Subject: hagadane development Dear Council Members, I hope that you will carefully enforce the Hillside Development Ordinance in regard to the request for expansion. I befieve that the original approval served to undermine the intent of the ordinance. And to ailow for this expansion sets a dangerous precedent in my opinion. Thank you Robert A. Hatch 49188 Quercus Palm Desert 10/25/2006 Klassen, Rachelle From: patricia Van Santen [pvansanten@adelphia.net] Sent: Wednesday, October 2�, 2006 12:13 PM To: Klassen, Rachelle Subject: Hagadone I am a resident of Ironwood Country Club in Palm Desert and I want to go on record with a resounding NO regarding any expansion of the Hagadone residence. I am appalled at the lack of respect the city council has shown our city and neighborhood. T would like to know what the voting records are of the CIty Council so I know WHO voted for this monstrous scar of a house,ruining our landscape and privacy forever. I hope someone will organize a lawsuit against you as I feel you have broken the laws ancl covenants of our city and seriously let down the citizens and our rights. thank you, Patty Van Santen 1 Page 1 of 1 Klassen, Rachelle From: LizaB2004@aol.com Sent: Wednesday, October 25, 2006 12:44 PM To: Klassen, Rachelle Subject: Web Site Inquiry Dear City Council, I'd like to weigh in the Hagadone house issue. I think it is outrageous that the dwelling received approval in the first place, and I really don't understand why all these requests for expansion have been approved, especially the one last summer after the homeowner had already started grading for the expansion illegally. Makes one wonder what goes on outside of the council meetings away from the public eye. Did the City Council really buy the pitch that the house would be "invisible"? The house is an eyesore visible from all over the valley! If wealthy folks want to build mega-mansions that spoil our views of undeveloped mountainside, send 'em to Scottsdale, where the mountains are already ruined. Sincerely, Liza Baldwin 47290 Golden Bush Ct. Palm Desert 10/25/2006 Page 1 of 1 Klassen, Rachelle From: M4Midge@aol.com Sent: Wednesday, October 25, 2006 11:39 AM To: Klassen, Rachelle Subject: Concerned citizen Gentlemen, f feel it is a disgrace that the City Council members have approved such an intrusion on the hillside above us. As a concerned resident of Ironwood Country Club it is a truly disturbing sight to look up at this scar on the once undisturbed mountain ridge. Our natural skylines need to be protected and I hope you will get that job done. Sincerely, Marjorie Hood 10/25/2006 Page 1 of 1 Klassen, Rachelle From: Ann Rawley [arawley@alitel.net] Sent: Wednesday, October 25, 2006 4:46 PM To: rklassen@ci.palm-desert.ca.us. Subject: Hagadone expansion Since I am stili t my regular home in Nebraska, I will be unable to attend the meeting on Oct. 28th. I am a new homeowner at Ironwood. M residence there is at 73 Ajo Lane. I was absolutely appalled to learn that Mr. Hagadone was allowed to build a monstrous residence on the mountainside overlooking Ironwood, and even more distressed to hear that the Commissioners are even considering allowing him to expand his construction. This viewshed should have been allowed to remain undisturbed. One man's residence should not be allowed to diminish the appeal and hence the value of so many other homes that were originally constructed in view of the mountains. I urge you to deny the Hagadone request to enlarge his residence. His selfishness has already done enough and, in my opinion, irreparable harm. Sincerely, Ann K. Rawley 10/25/2006 Page 1 of 1 Klassen, Racheile From: R A MARJORIE HOOD [rahoodcpa@verizon.net] Sent: Wednesday, October 25, 2006 3:15 PM To: Klassen, Rachelle Subject: Hagadone Project Gentlemen, My wife and I have been residents od Ironwood Country Club(ICC) since 1997. We have enjoyed the views of undeveloped hillsides over the years. We were surprised when the construction process of the aboved mentioned project became obvious to ICC residents and our neighbors over the past few years. We were uncertain how to respond to this matter until we received detailed information from the Ironwood Master Maintenance Association(IMMA). It seems to us that this problem can be solved if the owner makes the necessary changes to be in compliance with the original approved exceptions to the ordinances in 2004 which assured that the house would not be visible from ICC and surrounding communities. I assume that the term house included all other buildings on the property. If the requested added square footage would not be visible from ICC, we would have no objections. However, we would think that the residents of Big Horn etc. might have serious concerns The City should consider what happens when the next requested variance is for a 100,000 square foot lot and a 75,000 home. I realize this may seem silly, but who would have ever thought that someone would propose a 61,000 sq. ft. lot and a 32,000 sq. ft. home in the hills above Palm Desert. Obviously the zoning ordinances relating to hillsides in Palm Desert need to be revised. In the interim, maybe the answer is to strictly enforce the current ordinances.If they had been enforced, this current matter would not have occured. Respectfully, Richard and Marjorie Hood 48890 Noline Place Palm Desert 92260 760-773-9050 10/25/2006 OCT,26.2006 2:39PM GRUBB&ELLIS �� � �� ��,� ��� '��� ��5�� � �� E .���� Qcr �� �� �,. 4 s City of Palx�a Deserc 73-510 Fred Waring Drivc Palux J�esext, C,A 92260 VIA FAX: �60.340.05'74 RE: HhGADON� X�AMYL'k TRU3T REClUEST FOR AIVIENDMEN'r N0.7638 P, 2 Dsvid R. Tripaldi 73734 Jasmine Place Palm Desert, CA 92264 Deax 1Vlayor and City Council Members: A/1y wxfe and I own a rasidence at 73-734 J'asmaz�� �iace, P�lm Descrt, Califomia. I am wricing to inform you that wc arc adamaatly o�oosed to the above referemced xcques[. We believe tb.at rhe request to expand r,he approved graded axea �romi 38,000 square feeC Ca 61,110 square feet is totally unreasc►nable and absolutely inconsistes�t �viCh the request of the �illsxde dev�lopment plan. Very Trul� '�i'ours, � � pavi.d R. Tripa�dx , ,, , Received Oct-26-06 02:44pm From- To-PALM DESERT CITY CLE PaQe 02 OCT.26.2006 2:39PM GRUBB&ELLIS S r �' �a�ubb�Ell�s� Prop�rry saluaems �rvorldwide Qate: To: �ax Numb�r: F�om: Number of Pages: (Including covar shact) Regarding: N0.7638 P, 1 Facsimile Oatober 26, 200b C%LY o�' �alm Desert 760.34Q.0574 Nancy Vate��a 2 total CozxespoxAdence from Davad Tripaldi Comments: Please consider the follawing. Tha,nk you. ly'ancy Varell� 9�S.Z74.Z45A� � 'rhis ricstnoile measnge ta lracaaea oniy fox the nse ot' the individnal w oariey W whiCh it is addreesed snd may eopllia iuforwuiao d�st ig prlvi7e•b,ea, Contidential and CxGmDE from dieClosneC uAdef epplztdhle law. J,f l�Oc 7l�DAdat a4 lhis rnz�xoge w not nc� inicadad a�efpie�rat, or �6e employcc or a;oat *oapoaablo for doB�aiag dw anq�ogo to tde inteadcd rec;pieny yov arc no 't�ied chsi any dissemiAu�kon, disaiburioa or copyia5 of ihis commuaication is smcUy prolul>it�d. if yoa t�vc rceeived rhls faeairale in error. plaaaa aoufy p1e 3ender by celeplwne laur�sQi�ooly xo �hu� wa ean mroogo fot tho eo4iCvn1 oE tLe doeumena ai uo eqic to you. TIIAak yC0. Giv,bb & Ell"ss Company 2001 N. Maix� Slseet, Suice 45� Wa1nuC CiCck, CaUPornia 9a596 925.939.3300 9Z5.935.6895 fax Received Oct-2fi-�6 02:ddpm From- To-PALh� DESERT CITY CLE PaQe O1 Page 1 of 1 Klassen, Rachelle From: Marian Margolis [mberz@shaw.ca] Sent: Thursday, October 26, 2006 12:47 PM To: Klassen, Rachelle Subject: Hagandone Project opposition Please do not ruin the environment by approving this project. Marian Berz. Ironwood c.c. 10/26/2006 Hagadone Development Kiassen, Rachelle From: Robert Dvhrmann [rmd@ssdslaw.com] Sent: Thursday, October 26, 2006 12:48 PM To: Klassen, Rachelle Cc: Barbara Dohrmann Subject: Hagadone Development Page 1 of 1 This project in the Bighorn property is opposed by our Ironwood Master Association. I write to express my agreement with the Ironwood position and request that the City council disapprove this expansive and unsightly project. This proposal would permit an enormous artificial incursion into the ridgefine of the San Jacinto mountain range, something we were advised 27 years ago when we acquired our property would never occur. Promises made should be promises kept; the council should not approve this violation of the Hillside Development Ordinance which is intended to encourage minimal grading in the hillside and ��to protect undisturbed viewsheds and natural landmark features including vistas and natural skylines." To approve this intrusion is to effectively repeal the ordinance. Robert M. Dohrmann, Esq. Schwartz, Steinsapir, Dohrmann & Sommers, LLP 6300 Wilshire Blvd. Suite 2000 Los Angeles CA 90048-5268 (323) 655-4700 ext. 413 (323) 655-4488 (fax) rmd@ssdslaw.com http.1/www..lala.borlaw.com. 10/26/2006