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Home My WebLink AboutRes 07-65 Appeal TT35271 and TT 35272 Palm Desert Greens Resolution No. 07-65 �—�—� CITY OF PALM DESERT � � DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT '�� , . REQUEST: Consideration of an appeal of a Planning Commission action approving two (2) tentative tract maps to subdivide 7.58 acres into 331 lots. Subject property is located at 73-750 Country Club Drive. (APN's: 620-272-014, 620-261-050, 620-251-039, 620-241-027, 620- 094-026, 620-082-035, 620-131-031, 620-141-001 and 620-151-034) SUBMITTED BY: Ryan Stendell, Associate Planner MEETi G DA'PE _. % ��`�� Department of Community Develo ent ' ""/"�""""^ CQNTI�UED TQ 1�l��/,�,,,..._.. APPLICANT: Palm Desert Greens Association � p��ED TO 2ND REAOlNG 73-750 Country Club Drive Palm Desert, CA 92260 * Continued the public hearing to t e mee ing APPELLANT: Gerhard Befeld of October 11, 2007, with staff and a sub- 73-450 Country Club Drive committee of Councilmembers Finerty and Spiegel Palm Desert, CA 92260 to work with the Applicant and Appellant in the meantime to work out an agreement for the wall/landscaping issue. CASE NO: TT 35271 & 35272 DATE: September 13, 2007 CONNTENTS: A. Draft Resolution B. Legal notice C. Appeal form D. County Conditions of Approval Tract No. 4115 E. Plans and Exhibits I. RECOMMENDATION: That the City Council reaffirm the action of the Planning Commission, approving two (2) tentative tract maps to subdivide 7.58 acres into 331 lots, dated July 3, 2007. STAFF REPORT CASE NO. TPM 35271 & 35272 SEPTEMBER 13, 2007 PAG E 2 of 5 II. EXECUTIVE SUMMARY: Reaffirmation of the Planning Commission decision dated July 3, 2007 would allow 7.58 acres of perimeter open space to be divided into 331 individual lots. If approved, Palm Desert Greens will attempt to sell each portion of land to the existing adjacent property owners within the country club to increase the size of their lots. This subdivision will not result in any increase in densiry and in most cases will remain usable open space as a part of the owner's rear yard. III. BACKGROUND: A. Planning Commission: At its meeting of March 6, 2007, the Planning Commission reviewed this matter for the first time. The neighbor to the south (Suncrest Country Club) appeared at that time and suggested that this would be an opportune time to address an aging landscaped hedge between the two properties, and that a wall or some other means of screening be required as a condition to the subdivision. After hearing testimony from both the applicant and the adjacent landowner, the Planning Commission granted a continuance to allow the neighbors time to try and reach an agreement. After a series of continuances, the Planning Commission reviewed this matter at its meeting of July 3, 2007. Staff indicated that neither party had reached an agreement on the landscaping hedge or the possibility of sharing the cost of a wall. It was the opinion of the City Attorney at that time that there was no reasonable nexus between the subdivision of land and the requirement for screening between two (2) properties. The appellant, Mr. Befeld of Suncrest Country Club, stated he be4ieved there was a condition on the original approval of Palm Desert Greens Country Club that required them to maintain a landscape buffer. Staff, along with the City Attorney, agreed that the original file would be located for Palm Desert Greens from the County, and Staff would research that condition. The Ciry Attorney commented that if there were a condition for screening, the subdivision could still occur, but the condition would pass to the individual property owners. The Commission asked that staff follow up on the original conditions for Palm Desert Greens and approved the project as presented, (motion carried 4-1 Commissioner Schmidt voting no). G:\Planning\Ryan Stendell\Wad Data\TT3527182 C.C._RPT.DOC n L STAFF REPORT CASE NO. TPM 35271 & 35272 SEPTEMBER 13, 2007 PAG E 3 of 5 B. Tract No. 4115 Approved September 1970 County records indicate that the original approval for the Palm Desert Greens Country Club was dated September 29, 1970. The original approval was conditioned to provide a six (6) foot concrete block wall along Country Club Drive and a six (6) foot chain link fence around all other boundaries. Palm Desert Greens was developed in phases with several tract maps associated. It appears the area bordering Suncrest was approved by Tract 4181 in December of 1970. The Counry records only indicate the conditions for the original project, and do not have any further conditions of approval for any subsequent maps, including Tract 4181. The only indication of a requirement for screening or fencing is in the approved map where it calls out the perimeter lot as `fencing and landscaping.' C. Adjacent Zoning and Land use: North: Planned Residential-5 (Marriott Shadow Ridge) South: Planned Residential-5 (Villa Portofino) East: Planned Residential-5 (Portola C.C. & Desert Willow) West: City of Rancho Mirage IV. TENTATIVE TRACT MAP/ANALYSIS: The proposed tentative tract map would subdivide 7.58 acres of perimeter open space into 331 lots that could be sold back to individual property owners within Palm Desert Greens Country Club. Staff hoped that the original files from the County would clarify the history of development. Unfortunately, the only conditions of approval that were found on the project were related to Tract 4115, which seems to be the original mass approval for the project. However, the subject appeal is looks at a subsequent Tract (TT 4181) with no conditions on file. The map (TT 4181) does indicate the perimeter lot as `fencing and landscaping', which is subjective. There is an existing six (6) foot fence on the properry line between Suncrest Country Club and Palm Desert Greens, and existing landscaping remains in place. With the absence of applicable conditions from the Counry, staff concurs with the City Attorney that there is no nexus between the subdivision of land and any requirement for a wall or screening. Staff is still encouraging both property owners to continue negotiations in an attempt to find a solution that serves both parties. G:\Planning\Ryan Stendell\Wad Data\TT3527182_GC._RPT DOC r� J STAFF REPORT CASE NO. TPM 35271 & 35272 SEPTEMBER 13, 2007 PAGE4of5 V. FINDINGS FOR APPROVAL: 1. That the proposed map is consistent with applicable general and specific plans. • The proposed tract maps are consistent with the P/anned Residential land use designation and the City's General Plan. 2. That the design or improvements of the proposed tract map are consistent with the applicable general and specific plans. • The tract maps meet a/l zoning ordinance requirements and are consistent with the General Plan. 3. That the site is physically suitable for the type of development. • The site is physica/ly suitab/e for this type of deve/opment. 4. That the site is physically suitable for Planned Residential Development. • This property is suitable for p/anned residential deve/opment as it is a part of an existing mobile home park. The subdivision does not result in a change of use or density. 5. That the design of tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidab/e injury to fish, wildlife or their habitat. 6. That the design of the parcel or type of improvements is not likely to cause serious public health problems. • The design of the tract map is consistent with all provisions of the zoning ordinance. Any development on the proposed parcel is subject to applicab/e City developmenf standards and the California Uniform Building Code. G1Planning\Ryan Stendell\Word Data\TT3527182_C.C._RPT.DOC � STAFF REPORT CASE NO. TPM 35271 & 35272 SEPTEMBER 13, 2007 PAGE5of5 7. That the design of the subdivision or the rype of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. • Subdivision improvements will not conflict with any public easements. VI. ENVIRONMENTAL REVIEW: This application is a Class 5 (minor alteration in land use limitations) categorical exemption for the purposes of CEQA and no further documentation is necessary. Prepared by: YAN ENDELL Associate Planner Reviewed and roved..b�:� �_, , � � �_� /-�� , LAURI AY N Director of ommu ' Development H ER CROY ACM, Devel ment Services CARLOS OR A City Manager G:�Planning�fiyan Stentlell\Wad Data\TT3527182_C.C._RPT.DOC G :J RESOLUTION NO. 07-65 A RESOLUTION OF THE PALM DESERT CITY COUNCIL, REAFFIRMING AN ACTION OF THE PLANNING COMMISSION, APPROVING TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE 7.58 ACRES INTO 331 LOTS, DATED JULY 3, 2007. SUBJECT PROPERTY IS LOCATED AT 73-750 COUNTRY CLUB DRIVE (APN: 620-272-014, 620-261-050, 620-251-039, 620-241-027, 620-094-026, 620- 082-035, 620-131-031, 620-141-001 and 620-151-034) CASE NOS. TT 35271 & 35272 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of September, 2007, hold a duly noticed public hearing to consider an appeal of a Planning Commission decision dated July 3, 2007, 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 California Environmental Quality Act', Resolution No. 06-78, in that the Director of Community Development has determined that this project is a Class 5 categorical exemption for the purposes of CEQA; 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 approval of the said request: 1. The proposed tract maps are consistent with the proposed General Plan designation of low density residential. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. The improvements are fully constructed and the new tract maps will not result in any physical changes to undeveloped land. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish, wildlife or their habitat. 6. The design of the subdivision will be in compliance with applicable health, safety and building codes. The site can be served by respective utilities, will provide adequate traffic circulation and is designed in compliance with all city codes. 7. All subdivision improvements will not conflict with any public easements. 8. The project meets all code requirements. The design of the subdivision will not impact solar access to adjacent properties or the subject property. All single-family homes shall be reviewed and approved by the City prior to construction. RESOLUTION NO. 07-65 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 approval of Tentative Tract Map No. 35271 & 35272 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of September, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California G:\Planning\Ryan Stendell\Word Data\TT3527182_C.C._RES.DOC 2 RICHARD S KELLY, Mayor RESOLUTION NO. 07-65 CONDITIONS OF APPROVAL CASE NOS. TT 35271 & 35272 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. Map shall record within two years unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. Department of Public Works: TRACT MAP CONDITIONS 1. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 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'_ j�s� �'r �--r�a n s � i� 7 i j /°�2��/1 �C�� F�=� S c 2 L C N -- Reason for Appeal,(attach additional sheets if necessary): i�-�e; �� s c�a � �.v c � ti1 TNc i3 v �'�E/z Z�;L. - ,4T T►+� �� -r E �F' 7'H C N �� 2 i N G T'�-� � G�=n rl � s S �a N rJi�� /�c� i r-�� vC cc�� s �f= r—r-FE i9 �� 7- ro�vS U F� i,� I°�'��.� �l�i-L i�F cr �v v ti: �r� � s i/� �!-� E �o,tc�c_�s s d f= � ,� -'/�'""7 �/Lv �/� �J ii..� G �c=:P��S _ ;''' � i ��t�-� ��E /-� %'i��'-f E�J (Signa ure of Appellant) LC"� r�21 J n FOR OFFICIAL USE ONLY Date Appeal Filed: "! ��S 0'7 Fee Received: ;/�a�� Treasurer's Receipt No. '��J Received by: 1 � Date of Consideration by City Council or City Official: ` Action Taken: Date: Rachelle D. Klassen, City Clerk COPY TO H-`.rk�assen�WPdata�WPDOCS�FORMS�appi to appeai.wptl DATE � Rev 6/29/02 \�� u �EST �: � N couNT�Y c�u3 73-450 Country Club Drive, Palm Desert, CA 92260 • (760) 346-5866 June 29, 2007 Bob Moore, General Manager Palm Desert Greens 73-750 Country Club Drive Palm Desert, CA 92260-4965 Having been unable to reach you in recent days, I thought it appropriate to review"where we're at" before the July 3`d Palm Desert Planning Commission hearing. In a May 8'h phone conversation with you, Jim Ferguson laid out Suncrest's position. Suncrest is not opposed to proposed Tract Map 35272 if Palm Desert Greens maintains the intent of the conditions applied to the project on the original 1971 Tract Maps approving Palm Desert Greens. Namely, the maps affecting our common boundary (Tract Maps #12721, 4251, 4181 and Parcel Map 11908) provide for a 15 foot buffer zone consisting of a fence and screening landscaping maintained by the Palm Desert Greens Association, in lieu of a block wall on the property line. Over the years the screening oleanders were removed or died and Suncrest planted temporary visual barriers on it's side of the fence, while alternatives were explored. Suncrest's oleanders and pyracanthas are now dying from disease and will be removed at our (considerable) expense. The areas will be relandscaped in desert scape, which will provide attractive common area landscaping, but not a visual barrier. Suncrest will be insisting that Palm Desert Greens live by the conditions on the current tract maps and provide a visual barrier. A wall seemed to be the best way of accomplishing this while allowing the new map to proceed. You responded that a wall would be very expensive and proposed to explore other screening plantings. This would be acceptable as long as everything is on Palm Desert Greens property and is maintained in a uniform fashion. From Suncrest's standpoint the plantings would have to be consistent, maintained by the Palm Desert Greens Association, and not a hodgepodge of view barriers created and maintained (or not so!) by different Palm Desert Greens homeowners. Now is the time to resolve this issue once and for all. It should have been done years ago, as evidenced by the old bids I enclose. Re ards, A � Gerhard W. Befeld cc: City Of Palm Desert Planning Commission • � �, , gttiT� �� cT_ - $ __ _ _- �x _ ____. v --- ��__- - E, ---- �g__ _ — g^ _�r— $p _ __. _,.��x��1�� F __ _ S,� +:�.,_. 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EY�k.::�ri�,��:- f:_..i7. �.r...�":.s;�: .£.i�i s ��.'v�wvs .�P.i�� • ��'l o.�.., iJ'... . , - � . r ' � ' CO�DITIOIIB OF APPR04AZ �0 rI� �Y �?:�G CO�ISSIOR TRACT AO o �+115 Septe�e'�� 29 a �9T0 1. All impx�ve�ents s�,L1 :�n�'c�rm �ritv G��n�:y ;u�o�.��sioa �t�snciards �ch�dule "A" �::zl.ea3 modi�i��. by �Y�ee cand�Usc�s. 2. All str�e� i�p�o�►��x�te sha.11. a�clua� asp'u�3�c cor�cref.e pavirig and curbs aad gutters. All atz�et �ravemen� �idths s�a,I� b� dAsign�d �nd conatructed in coaPormance with County ReacY �prove��t Stanaa��s �.nd st�].l be e.s Po1Zs�cas: 32 i'eeL vithia a 50 Poo� right of �y, 36 feet 4�i.thin a� 50 �oot rigYzt af ��y, end � feet aitbin s �& foot righ� of �y. Ather etree� irxprave�nts ah�i,.l b� as �ol.lo�s: � a. Portole �4ven� sha11 1�e ix�px�oved �aith 22 Qe�� of asp2�t co�ncrete p�sving sad conex�te curb and gutter lcc�ted 22 Yeet �� the cenfi,erlin� z+ithin a 50 �oot hslf w3dth �edicated right aP �y. b. Couatry Club Dr�v�e she�.'� be iagroved �rith raat.eh up a�pholt cancr�te paving and concre�e curb snd gut��er 2cac��ed �3 fe�t from the centerliae `►ithln a 55 foot ha1P iridth d�dica�d right of w�y. c. Stitndard cul-de-agc:s �d kauckZes she�ll be cc�strixcted throughout the subdivisioa except that agf-sei cul-�e-sa.cs aay► � p�xv�itted ea sppro;red by tlx Riverside Gnwrty �os►d Cee�aise�on�z�. �.o Minims� centerliu� curv� radii s�ll be 300 �°ee� e�ccept for streets I-1 and �-1 �hiah aha].]. be as aagroved by �-,Yie 8iv�rBide �ou�ty Road Comatissiaaer. �'he minimum c�nterline curve �adii ors �he coal�etor s��et; shal3. be !�50 �eeZ. e. �he raad geo�e�z�ics fcr "�." it.ree� st�a.tl l� c�..esig3aed aad constructed �ith tr�a 22 foot pavefl ��s, a 12 Yc�o� araded m.ed�an.� �ri.thia an 80 Yoot dedicsted. p�ght oY �y► �s �ppxRoYed �y zi�e Ri�exsida �atarivy Rc��ci Coms�is�ioner. f. �arraer cut bsck sl:�.l b� �t-ta�rn o� �.�e r'in�.3. rt�p. g. All stree*� st�ai.l Ue c•��r.E�3 fcr� d�cL.c��ion r�nd ahr�.? be d.eaigned and cons�Cructed Y�o Gcunt� st�c�r� w°ith ��d curb��'r'ge "C"}, �u� wil� not be succep�ed. Y,s�.a'ten�nne ��' all ��f�ri.o7• ;�tz^��Ls s�-�a1? '�� i��orpar�tec� into the Conditicns. t'n,��r��;� � ��a ^��,. „j.;. - . h. Pcrtola I�ve�u� eazd Cc�u�'c�y Cj�.� D�iv� t,�17. be scc�pted i�Y.o the County maintafned • road sys�m. i. Pox'tQla I�venv�, �Icn�cer�y l�.venue, C��x,�try Club Drive and �ionder F�.l.ms Road shall be coast.rueted ati th barrier �ype c�ner�� c:uro snd �u�ter. �. Access �ra� �.�. 7.ote cs�.�o ��un��y C�u.� I3r?�e, �r;�•co?�� -tvenu�e, b4oaterey Aven�e snd Hona�r Palns Drire shal2 � restirict�d ar�d sQ no�ed un the fir��sl �p. k. Lot �g�3 �s desig�a�c�d te be u��d ara �:ail�r st�r�e a.nd aha11 � sa no�ted on the Pinal axip. A mini�zu� �f a 50 ��a� e��rr�nt shall he provided �s•e�a "A" Street. 1.. P#.i.r�imum centeriine ��'fs�� s�a�,��. be 2Q0 fse�. r�. �ccesa onto Parto?.� A��e��e sh..a?.1 '�e provid�d in �he viciniicy oP I,ots S2 �� 53• Said eccess sb�].1 �s ta r+.3niau�n aP G& feet of d��ica�ed right of �ra,y and shz�? cnnform �si�h Co�n�:y I►��r�v��en� 5��cisrds 1�3f�. � , • . � ' • � �. i�on�ier Pt32me �iri�� ar�a c�;c�i;�zey A��na� s�-,a].1 1io'c ba iatpro�ved a� f.hi� �i� b�a� a p�r�Pox�anc� i�n8 ecaf�icienL �a gus.r�ic�� i�ag�roves�n�s aP �heae streets �rith cancrets curb �ud gutt�r lac�t.ec3 �8 f��* from tl:e cenicerline �td 22 fe�t oP a�a�ha�.t concre�z g;��i.n�, aY�al? � �s��3 �i.tY� tr�� Riverside Couuty Ro�d Co�eisBioner pricr uo n��rc��icn o_f' �� fir.�. �a-�. '�he u;n3.�prov�d gc�r'c�on be�een ttie center- iin�e end �z�3.n� shc.?1 :�a �aea a� ap�ara�►ed by the R�.v�_c�s�de County Rotad Gc�.:ssi.a�r, j:. 3.1 LrsL' r LiL�:v.V'.'•.:::::i' i.:G: . .. , .�i`� :i:'�'.�'."li?_:: .,.`': . .'.zA,'..i. aiJt�:l��.i: :✓)'3 , ?�i�i"t`6e�. ��: 1.L74 h{�'�&';'�1.�. . 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'� - ;±f..' n.��'.� �/�4�'vCb'�..Y.:GIa ",i'�.�."�. �ti:i,P.i}.r,��,..%.�. .:�......_:�T vr�.'>'.'v" S.l._b��i� .'Ji.�v1 tL L �i i.'.< :�,i� 1'':'.F�di1`r. �rL - L�i}�: =i��. . . . � ' " .7 �.�.'?;7n::3' ''.^�"ai �Fc'`s :�1 ':'9�� .1. �s�: '•:aa n��-.4,;� ' .;..,>�._.�� '. ., - :'"�:, tia�2 `,'�-^^ ;?�'.;;7'� -.3 �� . .�.��z. ��: �, ..c�;: c�c: :G;L� c �� u,�: y.�• {t�`...... ��:...�7: „i�.f�-ti��'.r {ti�: . ''".�:'' �.Y�..`.��f`X:': :�,, � � • co�nY�ca�s oF �oa.�, �RA+C'�i N0, 4115 P�� -3- 12. The subdiviaer sh�'�? ;�r�� 5c�^��c`r.k� "A" fi.�e p��;ection as xequired by tha Ca13f'o�ni6 1?ivisinn oY Foz�sf�5•� `.ti� C.`�,;.liC��'z1i&i, i:zw�.BiOA oQ Y'o:estry sh�l.l revie�c�t �d apg�rove the �t�r pl�a r,�.p p�o�^ ta ��ca�c:�n:irr� o� �he f�na� Stsbd�triA3.0A r�ap. 13• All 1fltB x'ithiA the au�ci�°ision sP�,a2 �asa �, a.i.ni�m. �ver�e taidtb oP �0 fleet fand a mi.nim�s averege deptt� of 75 gr;e�, ae a�p�ovz� 'dy �lsri ance I11S. S�id varianae shall be ap�roved 'oy the Bcay•�. o� Scage�v�sars 7J7Pi GY' bo recorf[�,�cion a� the final m,�p. 1�. The R-T (t�obil�hoa�e ST.�bu.�.:�i$ian� boa� s��.13. �� ac�.op��d by '�he �osrd of 3up�rvisors �itir �o r�cora:a,tion c� �Y�e f�r�.l. �p e�d �y t�nit �h�reoP. 15. A concret.e block r�rall, b Fe�t �n he3ght s1�3.1 �e rec�uired along Cou�ntry Clab Drive and a ehain Iink fence no� %ess �hen 6 P�t in hie:ght raa;/ be p�rraitted in lieu of �he concre� block �s21 os� �h� otber bt,un��s. 16. Th� setback n2ong I�on�x•ey Av�n��.e �.d Countr�� C�ub Dr3ve sl�,il be a �l.nimwa oY 20 Peet as required ny �he Riv��-s..a� Cot�rs�y Zoa�i ng Grdinance 348. � ," ' MINUTES PALM DESERT PLANNING COMMISSION __ JULY 3, 2007 VI. ORAL CUMMUNICATIONS None. VII. CONSENT CALENDAR None. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. � A. Case Nos. TT 35271 and TT 35272, PALM DESERT GREENS ASSOCIATION, Applicant (Continued from March 6, March 20, April 7, May 15 and June 19, 2007) Request for approval of two tentative tract maps to subdivide 7.58-acres into 331 lots for property at 73-750 Country Club Drive, also more particularly described as APN's 620-272-014, 620-261-050, 620-251-039, 620-241-027, 620-094-026, 620- 082-035, 620-131-031, 620-141-001 and 620-151-034. Mr. Ryan Stendell explained that this item first appeared before Planning Commission on March 6, 2007. Since that time the Planning Commission allowed the applicant additional time to work with their neighbor on the possibility of coming to an agreement on a wall or landscaping solution between the two properties. He said the continuances gave staff plenty of time to take an in-depth look at this case. Mr. Stendell stated that both parties reported that they have been unable to resolve the internai issue. They have been meeting and trying to come to an agreement.An agreement stilf has not been met. During that time,staff came to the conclusion that there was not a reasonable nexus between the application and the condition for a wall between Suncrest Country Club and Palm Desert Greens. Staff's recommendation was to proceed with the original recommendation to rnove forward with approval of the subdivision. Mr. Stendell also requested 2 ( � ' MINUTES PALM DESERT PLANNING COMMISSION JULY 3. 2007 that the draft resolution be amended to delete Pubfic Works condition of approval number finro. Commissioner Limont had a question regarding the June 29,2007 letterfrom Mr. Gerhard Befeld. It brought up the original 1971 tract map and says, "provide for a 15-foot buffer zone consisting of a fence and screening landscaping maintained by the Palm Desert Greens Association, in lieu of a block wa{I..." She asked if that was an obligation that was set when Palm Desert Greens was constructed and if that was an existing obligation. Mr. Stendell answered that it was his understanding that the tract map was very vague and called for landscaping and fencing in that 15 feet. Landscaping is very subjective and doesn't say that it needs to be a row of oleander hedges, it just says landscaping and fencing. He deferred the semantics to the City Attorney, but staff and the City Attomey had reviewed this together and did not feel this subdivision would be going against the original approval. Commissioner Limont was concemed that if there is an obligation outstanding, that they not grant this subdivision until it has been taken care of. Mr. Erwin explained that when they originally looked at it, the condition was very vague. He did not go back and look at the original approval by the County to see the actual wording of the condition; this was what Mr. Befeld suggested was the wording. At this point he could not justify or find a nexus as part of this subdivision map to require the construction of a wall between the finro properties. If this is a condition that should be enforced, they could look at that and see if it needs to be enforced, but they could not currently impose on this subdivision the constructio� of a wall between the two properties. Commissioner Limont said she didn't want to do that,she wanted to make certain there isn't an existing obligation for that 15-foot buffer zone that's existing that needs to be addressed further. Mr. Erwin said it may well be a separate issue where they need to go back and look at the map and the original approvals and see if there is something they as a City should be enforcing. Commissioner Limont said she would be more comfortable with that before moving ahead. She said she realized this has been ongoing, but there is an outstanding obligation. Mr. Erwin thought this was something separate and apart from the approval. Commissioner Limont concurred. Mr. Erwin thought it was something that staff needs to look at and they need to get the original map and conditions, but it was separate from the current application. Commissioner Limont asked if Mr. Erwin was comfortable moving ahead with this as a separate issue. Mr. Erwin said yes. Commissioner Tschopp reiterated that there is no provision for any kind of screening or walls between this project and asked if later down the road they 3 1 � ' MINUTES PALM DESERT PLANNING COMMISStON JULY 3. 200T thought some might be necessary and wanted that area maintained,whether it was a hedge or oleanders or so forth, if it would be too late to impose that kind of condition. Mr. Erwin said it was a matter of going back because the subdivision map is recorded. If that requirement is there, regardless of whether this is subdivided and this goes to a different property owner, it is a matter of record and they are subject to that condition and would be required to maintain that condition. Commissioner Tschopp asked if that would be the home owner or the home owner's association. Mr. Erwin said it could be either, whoever owns the property. Commissioner Tschopp commented that it would be difficult to enforce with that many members as opposed to one entity. Mr. Erwin said that was perhaps true. Commissioner Limont thought that was a really good point. Commissioner Tschopp asked if it could be conditioned that the home owner's association live up to the conditions/restrictions of the original mapping, putting the onus on them to maintain. Mr. Erwin said that would be a condition they would be imposing that he believed was already there. Commissioner Tschopp said the homeowner's association would be responsibfe for making sure that members/the owners maintain hedging if that was required. Mr. Erwin said that was his understanding of the condition, yes. Commissioner Limont asked if they could place that as a condition. Mr. Erwin said it was already a condition, but if they wished to reimpose it, he thought that would be fine. Chairperson Campbell said it was already there, so they didn't have to redo it. Mr. Erwin didn't believe they did, but they could if they wished. Commissioner Schmidt asked for clarification. She didn't see anything in writing that said the Portola Avenue easement was eliminated from the subdivision because of a future road widening. Mr. Stendell acknowledged it is a complicated issue. Staff removed condition numbertwo that stated that very clea�ly under Public Works. When this is a project that is getting ready to move forward, Public Works Department will do what they need to acquire that land. It should not be a condition of this map that they are not allowing a subdivision to occur because of a future road widening. Mr. Ervvin stated that if the City wants that now, they might as well pay for it now and start it, because if they require this condition, he believed it is a taking and they have just bought the property. He did not believe it should be done in that manner. When they do have a project there, they wil{ take whatever action is necessary to acquire the property. But to reserve it at this time for something that may occur in the future would create a taking by the City. Commissioner Schmidt asked if we did that at this time, it would be purchase via the Association. Mr. Erwin said assuming they were upset about it, and thought 4 I ( ' MINUTES PALM DESERT PLANNING COMMISSION JULY 3, 2007 they probably would be, they would probably file a demand for inverse condemnation on the property. Commissioner Schmidt indicated that on the other hand, if they approved this and someone purchases one or more of those easements along Portola and at a later time we decide we need that roadway, we would then be paying whoever purchased it or the Association if they did not purchase it. Mr. Erwin said that was correct. Commissioner Schmidt said she was assuming also that the purchase of this easement property that would be gained would be by an existing homeowner on that property. In other words, anyone couldn't go buy it. Mr. Stendell said that was correct; it was of value only to that specific property owner. In some cases the property was only 10- feet wide and the most was 16 feet wide. Commissioner Schmidt noted there was one 124 by 143 which is a pretty good size. Mr. Stendell said they are to be sold back to the individual property owners and were not big enough to do anything new on. Commissioner Tschopp asked if staff knew what the intent of the Palm Desert Greens Association would be if a homeowner decides not to buy the property directly behind them. Mr. Stendell deferred the question to the applicant. Commissioner Limont asked how they make certain that the barrier befinreen Palm Desert Greens and Suncrest is acceptable to all parties. If they have 20 different homeowners on one side, how do they make sure there is continuity? Mr. Stendell said it was a case where it's an area only seen by two property owners. It is not visible from public right-of-way. In this situation, the City prefers to step back and �et the property owners take care of it. It has only come up as a mechanism through this map. If Palm Desert had originally approved the project and it had certain conditions, the City would go back and enforce them, but in a situation like this, staffwould preferto let the land owners and the property owners handle it, especially when it involves interior land. Chairperson Campbell noted thatthe public hearing was still open and asked the applicant to address the Commission. MR. ROY CRON, President of the Palm Desert Greens Homeowners Association, 39-030 Cudy Circle in Palm Desert, said he was present to answer any questions. He added that the concern that there would be a hodge podge of walls on that perimeter would not take place. They have a strong architectural review committee,that chairman was 5 I ' MINUTES PALM DESERT PLANNING COMMISSION JULY 3, 2007 also present, and they were in the process of rewriting and restating those.As per their CC8�R's,they would include that any walls that are placed on that perimeter/that easement would be of standard type construction that would best suit both their neighbor and themselves. They currently had brown slump stone. Again, this was an interior lot fine, but they could guarantee what would take place. A homeowner couldn't build a wall without their approval. They can write those rules into their guidelines and into their restated rules and regulations. Chairperson Campbell pointed out that staff said that really had nothing to do with the application. Mr. Cron said he couldn't really hear anything that was said, the acoustics was terrible. Chairperson Campbell explained thatthe application before the Commission really had nothing to do with the fencing or fence screening, which was an interior problem. They were really just talking about the Portola wall. Mr. Cron reconfirmed that they were talking about the Portola easement. Chairperson Campbell concurred. Mr. Cron said he heard the City Attomey's point of view and what he thought he heard was that to not okay that portion of the map plan would not be in anyone's interest at this particular point. He asked if that was correct. Mr. Erwin said it wasn't exactly what he said, but was what he meant. Mr. Cron stated that they had no problem with either direction. If the City wished to pull the Portola side, they haven't taken a position on that at all. That property would be owned by the homeowner's association and they would deal with the City at that particular time. They would like to see it approved, only because it may or may not ever happen. It wasn't even in the future forecasting out to the year 2012. If the City does intend to take it, they should have done it sooner rather than later only because the people living on that particular easement portion and their realtors have to disclose if they want to sell their property, and it has a detrimental effect on the 6 l / ' MINUTES . PALM DESERT PLANNING COMMISSION _JULY 3�2007 property value. He asked that they approve the entire map plan, inciuding the Portola easement. Commissioner Tschopp asked what the homeowner's association would do if a property owner doesn't wish to buy the property adjacent to them. Were there plans on how it will be maintained and what would be done? Mr. Cron said they can demand that they be maintained. They were not easy on the violators in their community. If a homeowner didn't buy that property, the association would still maintain it. Commissioner Schmidt asked if the property abutting Suncrest was deleted from the application, what impact that would have on their money raising. Mr. Cron said it would have a huge impact. He thought there were about 120 homes on that strip of property that borders Suncrest. It would have a serious effect on them. They need that map plan okayed. They worked with Mr. Befeld and would try to work with him. They tried to get him to the table. His last correspondence to them did have some interesting points in it and they certainly have asked him to continue discussions with them and they would be happy to work with him. They weren't ignoring them,they would do their best to take care of them. MS. MARIE BEFELD of Suncrest, 73-450 Country Club Drive, stated that one of the reasons they are in this right now is that she and Gerhard have been at Suncrest since 1982. Suncrest was built after Palm Desert Greens. In those days the County required chain link and oleanders rather than block wails because block walls would have scared a lot of developers away. So when they took over Suncrest, Palm Desert Greens had nice chain link fence and oleanders that looked great. Pretty soon, for whatever reason, they decided it was cheaperto let the homeowners maintain the oleanders ratherthan the Association because it would save them money and somehow that got passed. Pretty soon some of the homeowners were pulling out the oleanders because they wanted to see the view or whatever, so at that time they were trying to fill Suncrest and didn't want to look at a bunch of back yards, so they took it upon themselves to plant on their side, and planted oleanders because they make a great barrier. Who would have known that they would get a disease and start to die? She felt they wouldn't be in this predicament if the Association had taken care of what they were supposed to do and not put it onto their home 7 i ( ' MINUTES PALM DESERT PLANNING COMMISSION JULY 3, 2007 owners. Meanwhile, they get complaints from Palm Desert Greens because Suncrest's oleanders are dying. They are taking them out, but technically they were supposed to be Palm Desert Greens' oleanders on their side in that 15 feet. She didn't know what else to say, but she did think it should be a condition. She didn't think it was fair for her residents to look at their back yards. If someone was to build a new project now, if Suncrest wasn't there and Palm Desert Greens went in, the City would require a wall and then whatever went in after that, the wall would be there. She said they weren't insisting on a wall, but something that is consistent and looks nice. It could be pyracantha, bougainvillea, etc. They were willing to work with Palm Desert Greens, but they feel they've maintained something Palm Desert Greens was supposed to maintain and they've maintained it for 15 years. Now they were complaining because SuncresYs plants were dying. Chairperson Campbell asked if anyone else wished to speak in FAVOR or OPPOS{TION. There was no one and the public hearing was closed. Chairperson Campbell asked for Commission comments or action. Commissioner Limont said it was finro separate issues. In other words, there was an issue with regard to the two associations and the border/perimeter. But the issue before them was really granting the tract map. She didn't have any hesitation as long as it was not going to obligate the City in any way, shape or form. If iYs already a condition, great, otherwise she'd like to have it in there. Commissioner Tschopp thought the project should be approved because it would be for the common good of the residents of Palm Desert Greens. He also believed the original intent of the 1971 tract map filing should be enforced. He wished there was a way to handle Portola now because it would be much more difficult in the future, but since that's a nebulous date, they need to move forvvard at this time. Lastly, there are two nice pieces of property out there and he couldn't encourage the two home owners enough to get together for the benefit of everyone using the facilities on both sides of the fence to work it out. He knew they were trying to, but encouraged them to speed it up and do it. Commissioner Tanner agreed it is something that needs to be approved. He thought this was something that could have been taken care of long ago had there been representation. They tried to get it done two or three meetings 8 ' MINUTES PALM DESERT PLANNING COMMISSION JULY 3, 2007 ago and it kept getting postponed. The issue between Pa{m Desert Greens and Suncrest couidn't be postponed any longer. Something had to be done. They need to work together as neighbors and find a way to make both sides happy. He thought they were moving in that right direction, especially if the tract map approved in 1971 so indicates and stipulates that there be fencing and some sort of a blocking between the finro properties. He was in favor of approving the tract map, but also encouraged them to work a little bit quicker than what has been displayed over the last three months and get this done. Commissioner Schmidt had some deep concerns about this. It sounded great, grand and wonderful on the surface; however, she thought it was pretty clear that the boundary wall, fence or screening was really a requirement of Palm Desert Greens. The fact that Suncrest abuts to it now poses something she didn't think they had thought about. They were eliminating a minimum of 14 feet along a great periphery of Suncrest, which means theywere bringing patios orwhateverthey decided to use that ground for if it is bought that much closerto Suncrest with no barrier/with no setback. She had problems with approving it and couldn't vote in favor of it because of the impact it has on a neighbor. Whether or not they share the cost of the wall or not was not an issue with her, it was the taking of ground for a private purpose that impacts a neighbor. That wasn't good legislation in her mind. Chairperson Campbell agreed with the other Commissioners. She thought the issue of the interior fencing was between the two clubs and asked for a motion. Action: It was moved by Commissioner Tanner, seconded by Commissioner Tschopp, adopting the findings as presented by staff. Motion carried 4-1 (Commissioner Schmidt voted no). It was moved by Commissioner Tanner, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2446 approving Case Nos. TT 35271 and TT 35272, subject to conditions as amended (deleting Public Works Condition No. 2). Motion carried 4-1 (Commissioner Schmidt voted no). B. Case No. CUP 07-07 - BEN SPERBER, Applicant Request for approval of a conditional use permit to allow a freestanding detached accessory structure/motor-home 9 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Ryan Stendell FROM: Phil Joy, Associate Transportation Planner SUBJECT: TT 35271 & 35272 Palm Desert Greens Conditions of Approval DATE: February 14, 2007 1. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 2. Common Easement shall be maintained on Lots 25 - 66 and the easterly 200 sq. ft. of Lot 25 of TT 35271 for the future widening of Portola Avenue; and for Lots 136 and 137 and the westerly 200 sq. ft. of Lot 138 of TT 35272 for the purpose of a right-turn pocket on northbound Monterey Avenue at Frank Sinatra Drive. Phil Joy C:IDocuments and SettingslrstendelllLocal SettingslTemporary Inlemet FilesIOLK111TT 35271 35272 PD Gieens I.wpd � ' a �a ..n .. � -�� ' °�. �� ... _ o _ �,,,_. . ,� . as d � � ��" - .!': §`� #.� '� �' �`�, � ,t y� "�` �w .w � r�� ' � r . _ r , � -- � �� .�, � �. � � a � i � � �- - '��k�" �- � -; , - _ a � � 4 2 � _ . _z� . �� x �s s , s- t- -� � : � � ' '� �-�° �„„�. - ;�. � ., •.... *- � _, x �� c�~ � ,� � ��§r � �` � � � .r1 ` a�, k:� i `'� � _ . 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