Loading...
HomeMy WebLinkAboutHPR/PP 08-259 B.Kuykendall/Barracuda, LLC APN 628-130-015 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT CITY COUNCIL STAFF REPORT REQUEST: Consideration of a Planning Commission referral to approve a preliminary building site for a 5-acre parcel of land in the Hillside Planned Residential Zone pursuant to the requirements of Section 25.15.130 (Optional Preliminary Approval) of the Palm Desert Municipal Code. Said request does not qualify as a project under CEQA guidelines; no environmental studies are required at this time. Property is located west of the Palm Valley Storm Channel on Upper Way West (APN: 628-130-015, Barracuda, LLC, Bruce Kuykendall, Applicant). SUBMITTED BY: Renee Schrader, Associate Planner APPLICANT: Bruce Kuykendall Barracuda, LLC P.O. Box 4737 Palm Desert, CA 92261 CASE NO: HPR/PP 08-259 DATE: August 28, 2008 CONTENTS: Plans and Exhibits Minutes from July 1, 2008 Planning Commission Meeting Minutes from August 5, 2008 Planning Commission Meeting Public Notice I. RECOMMENDATION: That the City Council by Minute Motion recommend that the applicant proceed with development of Proposed Pad #1 as shown on the attached map. II. EXECUTIVE SUMMARY: Approval of this request will recommend an appropriate building site for a single- family home on a 5-acre lot within the Hillside Planned Residential (HPR) Zone. Staff Report HPR/PP 08-259 August 28, 2008 Page 2 of 5 III. BACKGROUND: A. Planning Commission Action On July 1, 2008, the Planning Commission reviewed potential pad sites for the applicant in an effort to recommend an appropriate building site for a single-family residence. The Commission's 2-2 vote constituted a "No- Decision" action. The applicant subsequently returned to the Planning Commission meeting of August 5, 2008 in order to establish a definitive action. At the August 5, 20008 Planning Commission meeting, the request again received a 2-2 vote. The Planning Commission then voted to refer the case to the City Council for identification of a preliminary building site. B. Hillside Planned Residential (HPR) Zone: Key elements of the Hillside Planned Residential (HPR) Zone are as follows: Ridge Top Deve/opment — The current HPR ordinance defines a ridge and also prohibits any development on or across ridges within the hillside. Ridges defined in the ordinance are identified on the attached map in red lines. Deve/opment Standards — The ordinance also states that "Building pads and architecture shall be designed to eliminate or minimize any visual impact on the City to the maximum extent feasible". The HPR Zone includes a section regarding `Optional Preliminary Approval' (PDMC 25.15.130, attached). Under this section of the Municipal Code, applicants may propose standards of development for the property, including building site location and access road location. Once a preliminary site is approved by the Planning Commission, the applicant can prepare the necessary documents, including the architectural design, for the full Precise Plan submittal as required by the HPR Zone. C. Property Description: The applicant, Mr. Bruce Kuykendall, purchased the property in 2003. An approximately 18,000 square foot pad (referred in this report as Pad #1) was previously graded in the 1960's. Surrounding the pad, the topography G:�PlanningVienee Schrader�Planning Case Files�I-IPR PP 08-259 Kuykendall propertyk:ity council OR-3R\City Council Staff Rpt.doc Staff Report HPR/PP 08-259 August 28, 2008 Page 3 of 5 of the site is very steep and difficult to develop. An additional pad (referred in this report as Pad #2), was graded sometime later and is approximately one third the size of Pad#1. Pad #1 is located at the center of the property and on top of a ridge. Pad #2 is located on the down slope of the property's east side, very near the property line, and is visible from the valley floor. D. Adjacent Zoning and Land Use: North: Hillside Planned ResidentialNacant Property South: Hillside Planned Residential/Existing Stone Eagle Development Company East: Hillside Planned ResidentialNacant Property West: Hillside Planned Residential/Existing Single-family Residence IV. PROJECT DESCRIPTION: The HPR Zone allows the City Council to approve a preliminary building site, which can also include consideration of the density of development and access road information. The applicant proposes to utilize Pad #1. In order to build with sufficient space for a home and garage, the pad would be lowered and expanded somewhat on the south side. Berming on the north side and re-naturalization of the slope that faces the valley floor is proposed. A few view areas recessed in the berm would allow the resident of the proposed home a view. With this treatment the building is proposed to be fairly concealed from the north elevation. With respect to access, the applicant proposes to link a drive from the existing Upper Way West road to the home from the southwest side of the property. V. ANALYSIS: The applicant's property encompasses land on both sides of a steep hill. The prohibition of developing on a ridge has made more challenging his ability to build a home successfully. In an attempt to locate viable solutions, staff has visited the site and consulted with the applicant. It appears that the applicant's choices are limited. The first option is to build on the portion of the site located on the relatively flat area indicated as Proposed Pad #1 on the attached map. The subject property and the existing graded pad occur on a ridge. Upper Way West is an existing road that runs along the northern portion of the subject property. An access drive G:�PlanningVtenee Schrader�Planning Case Files\HPR PP 08-259 Kuykendall property�city council Ofi-38VCity Council Staff Rpt.doc Staff Report HPR/PP 08-259 August 28, 2008 Page 4 of 5 could be constructed from the Upper Way West; following contours it would access the proposed building site from the south. Staff has reviewed the site plan and believes that only one other possibility for development of a single-family home exists, and it may pose development difficulties. The alternative development site is the area indicated on the site plan as Proposed Pad #2, located at the eastern edge of the property and on the downward slope of the ridge. Pad #2 sits at an approximate elevation of 618 feet, which is approximately 55 feet lower than Pad #1 higher on the ridge. Developing on Pad #2 would require that the slope be substantially graded to create a pad large enough for a home. In order to expand Pad #2, cutting into the hillside would be required. Staff believes that the grading of Pad #2 to create a residential site would result in greater visual impact and environmental disruption to the hillside than would the type of mitigation necessary to build on Pad #1. The alternative, Pad #2, would also require an access easement from the property owners to the east in order to construct a drive to the residence. The drive to access Pad #2 would be much steeper and more difficult for construction to access the home. The access drive would also be visible from the valley floor. During the second analysis of the case, at its regular meeting of August 5, 2008, the Planning Commission reviewed the two pads for optional preliminary approval. Pad #1 would be the obvious choice, as it could be mitigated to be minimally visible from the valley floor. Access to Pad #1 would follow contours along the backside of the hill and would be minimally visible as well. However, Pad #1 is on a ridge, which, in accordance with the ordinance, would not be an allowable place to build a home. Pad #2, however, is a less likely choice. While it occurs on the downward slope of the ridge, it would invite a dramatic cut and fill to build the pad sufficient in size for construction. Access to Pad #2 would mean the carving out of the hill and an easement to cross property. These disturbances would be more visually disruptive than Pad #1. The Planning Commission considered testimony and the letters received in response to the Public Notice. In consideration for the applicant, the Planning Commission Chair called for a vote to refer the item to the City Council following the Commission's second 2-2 vote. VI. CONCLUSION: Staff has identified two development options for consideration. Pad #1 is the easier option; however, it is located on a defined ridge. While the applicant believes this location could be developed in a manner consistent with the goals G:�PlanningUtenee SchradedPlanning Case Files�fiPR PP 08-359 Kuykendall propertykity council 08-28\City Council Staff Rpt.doc Staff Report HPR/PP 08-259 August 28, 2008 Page 5 of 5 and policies of the HPR Zone, staff discourages development on ridges, in keeping with the letter of the Palm Desert Municipal Code. Pad #2 would provide the applicant with a potential building site lower than Pad #1. Unfortunately, this option would have greater visual impacts and would require creation of an access road that would further disturb the hillside. However, it is a potential alternative that should be given consideration, since it would eliminate new construction on this ridge top. VII. RECOMMENDATION: Staff recommends that the City Council preliminarily identify Proposed Pad #1 as the home site for the subject parcel, requiring such grading, berming, and renaturalization work as is necessary to obscure the view of the home and improvements from the valley floor, per the Hillside Planned Residential Zone section 25.15.130 `Optional Preliminary Approval'. Submitted By: Department Head: � C�c.�—e— Renee Sch er Lauri ylaia Associate Planner Director, Community Development ApprovaL• �zTY c�3U�iCZL AC��c�N: � �PPROVEB D�NI�fi3 REC�IVEI3 OTH�R -1�Q'jfl/YI :i� � S MEETSNG �t�1�E 7a'�'ES: �/ � / a � Homer Cro N��;�; ACM, Develop ent Services A��EN'y': ABSTI�IIV: VERIFIED BY: Oric.�inal on File wi C�ty Clerk's Office �� �r Carlos Orteg , � City Manage C:�Planning�Renee Schrader�Planning Case Files�I-IPR PP OR-359 Kuykendall property\city council OS-?R\City Council Staff RpLduc City of Palm Descri ArcIMS Map Out2�ut Pa�c; 1 of 1 ku kendall aerial , . � Mw . ��� � g� . �'. F'S. ab, ' . � ��; ��""�$.; ,� �� � E�,"� '.� x °+��„` �� � t" ��' � �k �4 ��" �.. .*� , t. .�t,�-�' ',� . , � � �» art � � � � r � ��" o-ii:'� s.; .� � �.if g ,�"� ''{�. � �"y'�. ���` �i,yc 4 ' ilJ "`�` � �ro ���gr# ' n fl.. ���� 'dd� rt . , ��p Ma � g„ '�'�' E`"�"��� .,.?�;' 11P,'ai�+'�' � "�`'P � �} . � �� ���. , ,`. :'�wk+� ,�, . �/ 1 ' � "� r � 8 � . � "& �� •� �,'"� ,tt ��� �� �� f i�.Ld � �� > 5 � h, ''�� ,��'�fi � .� � ':k � �;�� `^ �! j�¢�k ,�a�.�: h���` � ;R 'v�:»� � .: � 5 �y �=,' �.��b�"� #� x„ ,� �� . � � � � � � � � .. .,s � � r � � . � � h � +�� � 4���� 'ak"d �� .� 2%? � y � a° �, +6 � �g T �� ��P�, R'�� �r^ ^ wMr. �y`,�,' :t'�8� �^� �„ ��� �� " ��� +w.5 $3� ���"fr�M� � ��i'w �t�,. � � �. #t #�±s..g x, "pp�' ;� a.a., q 8 +� ,g'. � ,R 4� :m���xt'3t-"'t� z: ,rv��� �' 6{. �Y �� � 9 4 «�. �,�, . °, ,- d4. � ..;n� ♦ �"� ,�t�' �y �'.�, ��y` Y 1 ,, a..x' ° ., r ,� "" � t � '� �.r�sw �,. � r : e � z-��. � e,� x `'p�."" �" �& � � �;"�` ` ,g y '_�" .� ���:. c�.�,� "s� � vg �#�. � ,� '�,&�.�, ��,. 3, �'�;�� � r� �� � y��� � � � ��� � � � ��w. � � �.�- �' ��� �� * � � �.� �; � , ' � �, �,� � � t� �_ � � � � ,, �, � I t.'ax �, ,� " i �,..� „n �,'�" .ar �R� ��I .. , ;� ^.�. f kn�' ��, -� , - � , � r �'`- +f� �'il��`!y.3,`. t",+i(� ��xsx��;-� �a ��,_,� '`W � ��� ��'� � w ��, � � �c.,§� � a .,,,�;� }" y t 'S.§°�q �� ��� ���� Jk. z� 4. #.�. ��,. �i P��' p� f A�. �� r' �8 �,% ��` �;��`� � ���� �` x .0, y �- � �. ,e Xa''�k. ��. �, http://10.20.2.35/servlet/com.esri.esrimap.Esri�nap?ServiceName=CityOverview&ClientV... 6/17/2008 MINUTES DESERT PLANNING COMMISSION AUGUST 5 1008 Mr. Swartz also said no. There were no other questions for the applicant. Chairperson Tanner asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Tanner asked for Commission comments. Commissioner Campbell indicated that this eame before the Planning Commission in 2006 and was approved them, she was in favor of approving it again. Action: It was moved by Commissioner C�npbell, seconded by Commissioner Lirnont, approving the findings as,=presented by staff. Motion carried 4-0 (Commissioner Schmidt was absent). ,:� It was moved by Commissioner C��mpbell;seconded by Commissioner Lirnont, adopting Planning Commissiorr:'Resolution No. 2483, approving Case No. CUP 08-266;'subject to condition� (Commissioner Schmidt was absent). IX. MISCELI,.�NEOU�� � �� A. Case No. HP�!/PP 08-259— BRUCE KUYKENDALL, Applicant _� Request �i� approval: o€,a preliminary building site for a 5- � acre par.cel of land in the Hillside Planned Residential Zone pursuant�the requirements of Section 25.15.130 (Optional Preliminary A�proval) of the Palm Desert Municipal Code. Said'`;requesfi cioes not qualify as a project under CEQA guidelmes; no' environmental studies are required at this time. P�operty is located west of the Palm Valley Storm Channel on Upper Way West (APN: 628-130-015). Ms. Renee Schrader explained that approval of this request would recommend an appropriate building site for a single family home on a five- acre lot within the Hillside Planned Residential zone. As background, Ms. Schrader noted that the Planning Commission reviewed potential pad sites for the applicant in an effort to recommend an appropriate building site for a single-family residence. The Commission's 2-2 vote constituted a no decision action, so the applicant was returning in order to establish a definitive action. 7 MINUTES PA�M DESERT PLANNING COMMISS� N AUGUST 5 20Q$ Two potential sites were identified by staff. Pad #1 was an already graded pad; it was graded in the 1960's prior to the current ownership in 2003 by the applicant. There was also a smaller pad about 56 feet lower in elevation which was somewhat on the ridge as well. The issues were identified as both access and grading issues. Access to Pad #1 could be made through following contours and accessing toward the rear. As it is, the property currently is traversed by Upper Way West, so access would be directly off of an existing roadway. , :� To access Pad #2, an easement would be r�quir'ed and a roadway would basically be very visible from that portion c��the city l.valley on that side. It had also been identified that Pad #2; in order to' rri;�ce it developable, would incur a great deal more disturbance to the site requiring coming in along the side and filling on the side:" As proposed, Pad #1, although ther� was n���actual project, ttie applicant would propose to naturalize the slope along the existing ridge which had looked like this sincextf��1960's, but a built-up berm could be made in the area. Using a powe��oinf �resentatior�,e Ms. Schrader showed the proposed pads, the locafi�n of filt; and the ridgeline. Staff concl�uded that develo�ing,o�� Pad�#2�.�,�uld incur a great deal more disturbanc�:- Deve�aping on Pa��#1 could, while it would violate the letter of the code, could t�+� more likely able to maintain less visibility and less impact and could bg a potentiai building site. Ms. Schrader also noted that a public'notice was sent out to property owners within a 4,000 square foot radius. In response to the July 1, 2008 Planning Commission meeting, a letter was recei�red from,the Ironwood Community Association indicating a strong support for maintaining the restrictions stated in the Hillside Ordinance. �, letter was also emailed and was distributed in the � Commission's packet which also supported prohibiting development along the ridgeline. A handwritten note was also distributed that requested no develQpment on the ridgeline. Staff recommended that the Planning Commission preliminarily identify proposed Pad #1 as a home site and require that such grading, berming, and naturalization work as necessary be required to obscure the view of the home and improvements from the valley floor as' per the Hillside Planned Residential zone section. She asked for any questions. There were no questions of staff. Chairperson Tanner explained that this was a Miscellaneous Agenda Item, so there wasn't a public hearing, but 8 MINUTES P��_DESERT PLANNING COMMIS�inN AUGUSr 5 2008 the Planning Commission had the option to ask the applicant to come forward. He noted that Mr. Kuykendall requested the opportunity to address the Commission and Chairperson Tanner invited him to do so. MR. BRUCE KUYKENDALL, P.O. Box 4737 in Palm Desert, California, addressed the Commission. He stated that as three of the Commissioners were aware, there was a no decision previously. He said they were asking for an exception to the Hillside Ordinance based on some real, very st�ong points. Those being that they started this process in 2003 and`at finro different times the City showed interest in purchasing the pro�erty for open space easement or open space. Just-:-recently they�=�poke with Carlos Ortega. Mr. Ortega had therr���go out and get an"appraisal and he had a company he said t4 t�se. They used that company and came back with an appraisal. T�iey had a t�ling agreement<in place at that time with the City su�mi�ted tQ., rlos' office, and during that time they were negotiatingt�:th��w��al Hillside Ordinance was approved. He explained that this property was� y�aded back in the 60's as Renee said. They were at the lowest RQint of the ridgeline. Using the displ�yed map, Mr. KuykendaU s�id they had Jan Wood who lives�behint�#hem, and she was present and was in favor of what th��i were dc�ng. They.had John McCormick who lives up near there and he Viras in favor of what they were doing. The people who wer.e not in f�avor.were over in Ironwood and couldn't see the site from��heir�,place.' They ha�e no real opposition from anyone within visual sight of this pad. Mr. Kuykend�ll said they submitted a driveway coming in the back of the propetty, going around the knob, and coming in with a turnaround. Tfiey rec�ived Planning Commission approval with a 5- 0 vote for that. Again, they submitted five different times to the City and had some opposition and moved some things around, but the most likely spot to build on this pad, per staff recommendation, was the area that was graded back in the 60's. There was roughly 1,800 square feet of graded off ridge; it was not an actual ridge, and if the Hillside Ordinance is enforced, that red line running through the property as the definition of the ridge had already been graded and leveled off; it was graded in the 60's. But if they take that ridgeline and the road they have running through their property, where does that ridgeline end? Where does it stop? So in other words, the Ordinance takes this property from a $2 million appraisal six 9 MINUTES T PLANNING COMMISS�nN AUGUST 5 months ago to unbuildable. They couidn't use it; they couldn't develop it. If they did buitd here, they were looking at a humongous maintenance facility, parking for over 300 cars, the Stone Eagle sales office, and visually coming up Highway 74, they couldn't see it until passing St. Margaret's and they get a glimpse, but as soon as they pass it, they see roughly 60% of tF�is property developed. All the natural outcroppings that were there? Demolished. Stone Eagle was mass graded. End of story: Tfiley used 60% to 70% of their property right there. They used it and have additional units they are trying to spread out ir�,addition to it; k�ut right across this imaginary property line, the�;were being treated::>totally different. They have mass oppositiQ�ti`" against them and the,City Council saying never build ther�: (t.has alread�,been graded and they feef they have a right to build th�re an�, �fiat their value shouldn't be taken away. He said if they h'ad': ,�� questions, he would like to address them. ��, There were no questions: Chairperson Tanner thanked him and asked if anyone else wished to speak in FAVOR of ar in OPPOSITION to the proposaL M�: SUSAN ,PAULL, President of the Monterra Homeowners Association, said she had some information that she would like to know. She wanted to know the elevation of the lot, the elevations of Pad#1 ar�d�Pad #2. The property is five acres. She wanted to know » .the density and what Mr: Kuykendall planned to do with the rest of tfi� acreage. She wanted to know if the total request was just for the two lots, or if he planned on expanding or developing additional lots on the rest of the five acres. The reason she thought they were all so'sensitiv� in this matter is what happened with the Hagadone project and this was something they didn't want to see happen again. She was sorry this gentleman had to be here at this time and involved in this situation. If that had been handled properly and they hacf''�� accepted the responsibility of going along with the Commission's recommendation, they wouldn't be so on edge for this particular area. She thought the Hillside Ordinance should have teeth, it should be enforced, it has a purpose to protect the beauty of the mountains, not to penalize someone in an area which maybe out of the realm of the hillside development. She thought they needed more information before they could give him approval. She knew these 10 MINUTES PALM DFSF_RT PLANNIN� COMMIs��nN AUGUS 5 20og things always went through in the summer. She happened to be here in the summer, so they only have one or two people who happen to be in town at this time to raise questions. She was sorry she wasn't well informed and didn't know the answers to these questions, but they have a Hillside Ordinance that needed to be enforced and the integrity of it maintained. It needed to be done responsibility. Mr. Kuykendall, in response to the questions raised by Mrs. Paull, stated that they planned to build ont =tirie home; that was what it was zoned for, one home. He saic�he ha�, been doing hillside grading here in this valley for over 20 years. H��uilt all of Bighorn, other than Hagadone and The Canyons side H�=�,has worked with the Planning Department on those five submittals tha�,he made. To answer her question, the main pad, Pad #1, he was ga[ng to drop it 12 feet and leave the outer edge of it up to obscure th�'view of the house. The driveway that he got app�roved comes in from the back and comes arou�t�,the knob and he would tuck in to where even Jan Woods, whr�was �ehind him, would have a hard time seeing the house. The only exptisure would be toward the Stone Eagle project, but he thou�ht thaf was only fair. Chairperson Tanne�r thanked hjm and asked Ms. Paull if her questions were anSwered. She said yes: ;Ms. Aylaian also added that the proposal here was for preliminary identification of a pad site. It was not a complete and developed proposal. When a site is identified, the applicant would be re c�uired ta;come- back, go through the public hearing process, have the arcf�i#�cture reviewed and approved, and the entire project would go througt��� formal; review process. At that time they would have greater detail to re�iew anct comment upon. They would also go through the same noticing requiremen#s, so if they were within 4,000 square feet, they would , get notificatio�, Chairperson Tanner asked is anyone else wished to speak in FAVOR of or OPPOSED to the proposal. MS. KIM HOUSKEN, 73237 Somera, stated that she lives within the notification area. Her question was mainly of staff. She was just curious how this case was different from David Nelson's case. It seemed like there were a lot of similarities, offers of building and berms and so on. She would just like clarity as to how this varies from that one. 11 MINUTES PAL ESERT PLANNING COMMISSION AUGUST 5 ?00 Ms. Aylaian explained that each of the properties on the hillside is different. Some of them have existing pads, some don't. They have access from different areas. The terrain and topography is distinct for each property. So the recommendation that was made for one would not necessarily be appropriate for another. The recommendation here was based upon the pre-existing pad, the orientation, and the best way to shield views from the valley floor so that the intent of the ordinance, which is to keep the views of our mountains shielded from signs of development, they wanted to optimize this site by minimizing the disturbance to the hill and minimizing the views that would be visible from the valley floor. Ms. Housken said that clearly in terms of the` intent, though, the intent would be better met by Pad #2. Ms. Aylaian said that staff disagreed with. that. Staff believed that the intent could be better met with Pad�#,1, not P�i��#2. � � Ms. Housken said�she would alsa disagree with the last speaker as well saying perhaps this person wa�,just unfortunate that this was the time for his project. She noted tFt�i a lot of time has passed since 2003, but she happened to be here�when Hagadone's people wer�u h�r� that fateful day' at Planning Commission, and she thougfit tha�°�Commissioner Sonia Campbell was perhaps the only r�maining p$�rson (on. the Commission). Everyone was so impressed with how beautiful it was going to look and it was going to blend rigFt� in. Her fear was that the Hillside Ordinance was develope�because th�t didn't turn out the way everyone was led to believe �t would. She 'would recommend looking for a better altemativ�.,�Perhaps Pad #2, although it looked very small, that was what she wb�ld lean towards. She asked them to stick to their guns:They devetoped the ordinance and asked them to go forward with it. She thanked them. There was no one else requesting to speak. Chairperson Tanner asked for Commission comments and then a motion. Commissioner Limont agreed with Mrs. Housken and Mrs. Paull. She believed they have an ordinance that came about honestly that staff worked very hard on and this Commission worked very hard on that the Council did and did for a reason. That was because our hillsides mean so much in this valley. She thought it was also unfortunate that these two pads were not exactly in a perfect world what they would want to build on. One sits directly on a ridgeline. In reading the ordinance, she would say that Pad #1 was definitely out. It flies right in the face of our ordinance. 12 MINUTES P � PLANNING COMMISSinN A GUS 5 There was no reason to have this ordinance if they weren't going to enforce it. Palm Desert residents were relying on them to enforce the ordinance and she didn't want to let them down. As difficult as it was, she still thought they needed to stick with the ordinance and take a look at Pad #2. She wasn't an engineer, but she would say that her recommendation, or leaning, or opinion, was to stick with the ordinance. Commissioner Russ Campbell stated that he had nothing to add. Commissioner Sonia Campbell said that she was not changing her vote from the last meeting. She agreed with staff to have.Mr. Kuykendall build on Pad #1. Staff believed that "the applicant could su�cessfully build his home on Pad #1 that would conform,r,�rith the intent of the HPR zone". Just because this applicant bought the:�property, then the Council adopted an Ordinance, she didn't believe he�s�ould be �e�alized for building his home on Pad #1 and that's what staff agreed wit��also. Her vote remained the same. ° Chairperson Tanner ect�oed th_at. His vote��hadn't changed either. It was simply a recommendatior�, They vveren't app�puing this, as they well knew; they were suggesting�� that th�ey ':�,take th�s�� to Council with their recommendatior� to potentially t�uiid` on si#�e Pad #1. They would go through th�=forma�'process as:�hey would for a brand new project. What they were trying to do was determine what pad and staff was recommending that the applicant further his investigation on Pad #1. He asked if a motion was needed. Ms. Aylaian said yes. Action; It wasE�moved by.Commissioner S. Campbell, seconded by Chairperson - Tanner, to;�„by minute motion, preliminarily identify Proposed Pad #1 as the home sife for the subject parcel, requiring such grading, berming and renaturalizatiQ� work as is necessary to obscure the view of the home and improvements�from the valley floor, per the Hillside Planned Residential zone Section 25.15.130 `Optional Preliminary Approval'. Motion failed on a 2-2 vote (Cammissioner R. Campbell and Commissioner Limont voting no; Commissloner Schmidt was absent). Chairperson Tanner pointed out that they were at a stalemate. From an earlier discussion with staff, in the event of a tied vote, Chairperson Tanner indicated that a motion should be made to move this up to City Council. He noted that they were stalemated and it was not fair to make Mr. Kuykendall sit through this again. 13 MINUTES P SERT PLANNING COMMISSION AUGLIST 5 ?00 It was moved by Chairperson Tanner, seconded by Commissioner Limont, to, by minute motion, forward this matter to the City Councit. Motion carried 4-0 (Commissioner Schmidt was absent). X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner S. Campbell stated that they didn't have a meeting, but the sculptures mentioned under revi�v�- of Council actions were reported on a few meetings aga TFie sculptures were very well diversified and she thought everyone would enjoy::them. B. LANDSCAPE COMMITTEE. Commissioner Limont said she would report at the next m�eting. C. PROJECT AREA 4 COMMITTEE : Ms. Aylaian reporked that Project Area 4 had not met since the last Planning Commission meeting. D. PARKS &RECREATION Chairperson 7anner reported that the Parks & Recreation Commission did not meet. X�• COMMENTS The Coirlmission welcomed new Commissioner Russ Campbell. It was also noted that the next meeting on August 19 was canceled. . ,. XIL -�� ADJOURNMEiVT It was moved by Commissioner Limont, seconded by Commissioner S. Camp6ell, adjourning the meeting by minute motion. The motion carried 4-0 (Commissioner Schmidt was absent). The meeting was adjourned at 6:50 p.m. LAURI AYLAIAN, Secretary ATTEST: VAN TANNER, Chair Palm Desert Planning Commission 14 MINUTES ' LM DESERT PLANNING COMMISSION JULY 1 200 Mr. Bernard stated that in speaking with the Department of Public Works, the proposal of grass and the fountain, and he was just finishing a similar project on Santa Rosa and that project, and because of the drought situation, they cut out all of the grass and the water feature on that project, and would probably do the same with this project, depending on Public Works' input. Commissioner Limont appreciated it. Commissioner Campbell thought the project was very nicely done and had great architecture. She thought it would do well on that street. She remembered Mr. Bernard's other work and was in favor of approval. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2479, recommending to City Council approval of Case No. DA/ PP/CUP 08-50, subject to conditions. Motion carried 4-0. IX. MISCELLANEOUS ""��► A. CASE NO. HPR/PP 08-259 — BRUCE KUYKENDALL, BARRACUDA, LLC, Applicant Request for approval of a preliminary building site for a five- acre parcel of land in the Hillside Planned Residential zone pursuant to the requirements of Section 25.15.130 (Optional Preliminary Approval) of the Palm Desert Municipal Code. Said request does not qualify as a project under CEQA guidelines; no environmental studies shall be required at this time. Properry is located west of the Palm Valley Storm Channel on Upper Way West, APN: 628-130-015). Ms. Schrader stated that approval of this request would recommend an appropriate building site for a single family residential home on a five-acre lot within the Hillside Planned Residential zone. As background, she said that currently the Hillside Planned Residential (HPR) zone code does not allow development on ridges. She provided a vicinity map to familiarize them with the site. She pointed out the project site, stating that the project site was west of Highway 74, to the west of the channel, and was accessed by an existing road, Upper Way West, for which there are 5 MINUTES • M DESERT PLANNING COMMISSION JULY 1 2 hillside homes higher up that travel on this road. The site itself encompassed both the ridge and a sort of downward slope looking down toward the Stone Eagle development on the side. Currently, Upper Way West traverses the actual property. There is an existing graded pad that was graded in the 1960's prior to the applicant's purchase of the property in 2003. Staff concluded that there were really only two viable options where the applicant could develop a hillside home. On the topographic map, there was a polygon labeled Pad 1, and a secondary one labeled Pad 2 substantially downhill by almost 50 feet in elevation. Basically, the analysis of both of these pads was based on two ideas: one was access and one was grading as far as the impact on the site. Access to Pad 1 could easily be made as a drive that would derive from Upper Way West and circled on a slow uphill toward the rear of the property, which is south facing. Pad 1 would probably incur very little, there is a contour it conforms to. Pad 2, however, in order to access that, would require an access through offsite, and contours would make it a little more of a lengthy impact. She showed a slide and explained that the images being provided were basically for discussion and were not design images or staff's necessary recommendation for one or the other, but to illustrate the fact that this is the ridge that traverses the property. She also had the reference map of the ridges if they wanted to view it. Pad #1, as seen before, the idea behind it was that fill or a berm would be created along the ridge to renaturalize that ridge so that views toward the north of the city and the valley floor would be very much minimized. The idea would be to fill in the southern portion in order to make up for the berming. Pad #2 would require a great deal more cut and fill in order to make a sufficiently large enough pad to develop. Therefore, there would be cut on the side and identified the theoretical fill that would happen on either pad. Staff recommended that given the options and impact that would be created by either pad, Pad #1 was the lesser of the impacts and the applicant discussed with staff and brought images to discuss how that impact would be minimized through the renaturalization of the site and other options that were designated in the ordinance as ways to follow through and minimize any impact to the view. 6 i MINUTES � PALM DESERT PLANNING COMMISSION JULY 1 2008 In conclusion, staff recommended that if Pad #1 was chosen, that it also be conditioned that the applicant return with a design for Planning Commission's approval. Commissioner Limont asked if Pad #1 was on a ridgeline. Ms. Schrader concurred that Pad #1 is on a ridgeline and it was graded. Commissioner Limont noted that our new ordinance prohibits building on a ridgeline. Commissioner Schmidt noted that the elevation was 670 and asked if that was the flattened off area. Ms. Schrader concurred. Commissioner Schmidt asked for the elevation of the top of the ridgeline. Ms. Schrader said her answer would be conjecture; it would have to be interpolated and they hadn't gone that far yet. Commissioner Schmidt noted that as Ms. Schrader indicated toward berming and almost rebuilding the ridgeline, from what she gathered Ms. Schrader was saying, her question was how many feet they were talking about: was it five feet, ten feet or 20 feet? Ms. Schrader deferred that question to the applicant, who would have a much better idea of what they were intending on that site. There were no other questions for staff. Chairperson Tanner invited the applicant to address the Commission. MR. BRUCE KUYKENDALL, a local grading contractor who has been in Palm Desert for 26 years, stated that he has specialized in hillside development with Bighorn Country Club on The Mountains side, not The Canyons side. However, he purchased this property back in 2003 with his partner, Dave Barren, and made his first submittal to Phil Drell back in February of 2004. The way the property tays right now, back in the 1960's, someone went up the face of it and dozed off the top. What he proposed to do, like he was doing with all the other hillside lots in Palm Desert, was to leave the sides of the hill up, they were all natural right now up to that plateau, and then the plan he submitted back in 2003, which is that Pad 1 location and described exactly what staff recommended, was the most friendly pad site on that property that could go inside that cone and be somewhat like a volcano, so to speak, from the front three-quarter sides facing the city. He would leave that natural elevation up and then cut down inside roughly 20 feet off of that mountain edge; cut down roughly six to eight to ten feet and set the building back in such a way that the angle of the view of the roof would be barely visible. He worked with Phil Drell on five different revisions as the Hillside Ordinance developed. Mr. Kuykendall said he came in and he 7 � � f MINUTES PALM DESERT PLANNING COMMISS�nN JULY 1 2008 spoke; he superimposed homes for the City Council and got a write up in the Desert Sun stating that he was given an exception at that time that it could be done. But as the process went on, he was asked to do five different renditions: one where he could only have 4,000 square feet to develop; the other one he brought in and received last year was his driveway approach to a cul-de-sac and that was entering from the rear of the property behind a knoll so it wasn't visible to the city whatsoever. It approached the property from the back and had a cul-de-sac and received a 5-0 vote of approval at Planning Commission; however, as soon as he received that, he had a couple of City Council members who asked to meet with him on the property and thaYs when he was told that he better withdraw his application because he did not have the support to proceed. He met with a couple of other City Council members and one said that he would never develop on this site, not on her watch. The other one said, "well, let's buy `em out." To shorten up a long story, he approached, at the recommendation of three City Council members, and met with Carlos Ortega, who said they had some interest and told him who to go to get an appraisal on the property. So he used that firm, paid for that appraisal, that appraisal came in. Three or four months went by and Mr. Kuykendall asked for a tolling agreement while the Hillside Ordinance was being approved and again, three months went by and they got their tolling agreement back unsigned and the City had no interest in purchasing it. So he's back at their mercy again, coming back to the Planning Commission. He felt he had the right to develop a home site on that property. He invested in that property and it's roughly worth ten times what he paid for it. But he would like to develop it or he'd like to be bought out. The approach they have and the plan he originally submitted back in 2003 would really put a nice home up there with earth tones, rock veneer, and non-reflective glass; all those ordinances he helped establish with the Planning Department 12 years ago when Bighorn was starting to develop their 12 estate lots. In fact, he built those lots. He has worked with the City, he was here in good faith and owns that property, and he either needed to be bought out or he asked the City to tell him where he can build. And the most logical spot, again, with Renee and Ryan and everybody's help, was that original pad that was developed there. It's a flat, dozed off pad; any disturbance that he does, he's the best there is in the valley at re- 8 � MINUTES � SERT PLANNING COMMISSION JULY 1 2008 naturalization, hillside building and permeon and rock set. He knew he could develop a very, very nice pad with very limited impact, especially based on the conditions right next to him; within 125 feet is the Stone Eagle sales office and he has the maintenance facility he's looking into, and the club house will be a higher elevation than he is and could be visible above and beyond him once he builds. He asked them to please, take a serious look at this and help them go forward on this project. He asked for questions. Commissioner Schmidt asked for confirmation that when Pad 1 was originally graded in the 60's, that would put it in the County and not in the city at that time. Mr. Kuykendall didn't believe it was in the city. Ms. Aylaian explained that the city wasn't formed until after the 60's. Commissioner Schmidt concurred and explained she wanted it on the record. She asked if Mr. Kuykendall knew what decade Pad 2 was graded. Mr. Kuykendall said no. Whoever graded the property went up the front of the properiy off of Beacon. Using the map on display, he showed where they came in off that road and went up and there's a turn where he went up on top and dozed that off. That person also dozed off a Pad 2, and there was a little homestead shack there. It was dilapidated and unsightly, so Mr. Kuykendall took it down by hand and disposed of it. But they could see the road, and showed how the other owner went up on top and pushed all the material out and then turned around and went back down and off. But Mr. Kuykendall was familiar with this property because a friend of his, Terry Weiner, had it prior to him for roughly three years and he looked at it for him and was going to design him a house pad up there and then later he did buy him out and used the same concept and submitted it back in 2003. Commissioner Schmidt asked if Mr. Kuykendall had any idea what the original ridge line elevation would have been had it not been bulldozed off. Mr. Kuykendall guessed that it went up another four to six feet was all based on the way the hillside comes up and the width of it all. It could have peaked at roughly six to seven feet above that and it was roughly 150 feet long and 40 feet wide. If he left the outside edge up, he didn't want the noise from Highway 74, sa he was going to leave the front lip of it up, recess it about ten feet and then 9 f MINUTES ' PALM DESERT PLANNING COMMISSION JULY 1 008 put in a waterfall to the inside to disguise the noise of Highway 74. And then do the berming in such a way when they design the home out of the great room they could get a sliver view of the city lights. As stated, Commissioner Schmidt noted it said that the existing pad is approximately 18,000 square feet. Mr. Kuykendall said yes, what's been disturbed. When he got through with resculpting it, Commissioner Schmidt asked what size of pad would be there and what size of home he was contemplating. To answer the question on the pad, he believed it would need a motor court up there and he would need to perc, so he would lose approximately 1,400 square feet to the pere situation and thaYs why he came in to get the driveway approval prior to this, so he could perc in that area and make sure he could put it there before he designed a home. He would like to end up with roughly 16,000 square feet of pad, put in about a 4,000 square foot house and maybe a detached little casita or something, but set it back roughly on the pad where it says pad on the plan and have the front for a pool, waterfall, greenbelt area like an oasis, so to speak, and then have that sliver view down to the city. He planned to have one story; it is all bedrock up there, so he would not want to go with a two-story subterranean dropping a level. The way he engineered it, it crawls up in there, from the time he leaves the asphalt up to the pad, is about eight feet; he would leave six feet, plus he has a big knoll behind him that protects him from the Carver residence and they can't see that location. It was the ideal situation for that property. Anywhere else he would be protruding out and creating a lot of slope. It wouldn't be cost effective and woufd be very unsightly. Commissioner Limont asked if Mr. Kuykendall had been unable to build during the four-year period between 2003 and 2007 due to the City. Mr. Kuykendall said he wouldn't say that. Commissioner Limont asked why he didn't build prior. Mr. Kuykendall said he dabbled with it for about three years with five different submittals. As that period was going on, there were numerous hillside ordinances being passed and he was receiving 10 � MINUTES � SERT PLANNING COMMISSION JULY 1 2008 recommendations that Stone Eagle would take it and trade it for open space, there was another project that proposed that to him and it came through Planning and was talked about, so he kind of sat back. And he had just built a home further up in Cahuilla Hills, so he was just kind of sitting back and once he got involved again, it had been one dead end after another. Commissioner Limont said he did build a home during that time. Mr. Kuykendall said no, he had already built that home. From what she could see, Commissioner Campbell thought when he built the home, it would be very well camouflaged and it would blend into the hillside. It wasn't Mr. Kuykendall's fault that somebody graded the ridge, but he would build his home, camouflage it, and just bring everything back to its natural landscaping for that area. Mr. Kuykendall said exactly; the current home he did build up in Cahuilla Hills was at the very back of Cat Canyon and the mountains are his backyard, he used total earth tones, he had Buford Crites up there, who thought it was beautiful. It is an awesome home; it was done very well and fit into the hillside. He was all for that. He has one right above him that is pure white, two stories, so he was very conscious of the impact to the city, has been here 25 years, has been in business and watched the city grow, and was just part of it and happened to be in this predicament, but he's the right guy for the job. Commissioner Campbell agreed that he wasn't going to paint a house white up there, so as far as she was concerned, she would give her approval and recommend taking staff's recommendation of Pad 1. Regarding the berming and the renaturalization of the slope itself, Chairperson Tanner asked how much berming and renaturalization he was talking about and how much work that would involve for Mr. Kuykendall. Mr. Kuykendall said it wouldn't be a lot on the front edge out there because that would be the natural hillside coming up. Then what he would do is get on the inside of it, round it off, and roll it back down so what is there will be there. Off the front, he wouldn't be trying to replicate any naturalization, he would leave all that up. Then there would be a fill area on the south side, a fill zone like all the estate pads in Bighorn. He would rock set that and permeon it just like he 11 MINUTES � DESERT PLANNING COMMISSION JULY 1 2008 did with the Carvers, a roughly 75-foot rocWslope half a million dollars worth of work to their residence to get theirs in. His would not even be half of that. Then again, he would make it big enough to roll it into a berm, use natural, indigenous vegetation, work it all in, permeon it, and blend it all in. Again, the roof colors would be earth cotors and he would go through Architectural Review and he would put in a desert home there, a desert-friendly home. Even though this wasn't a public hearing item, Ms. Aylaian suggested that the opportunity be offered to the public to give comments. Chairperson Tanner concurred and asked if anyone wished to speak in FAVOR or OPPOSITION. MS. JANICE WOODS stated that she was in the home probably most affected by Mr. Kuykendall's proposed plan. She lives at 72375 Upper Way West. She heard Bruce mention the Carvers' residence; she would be interested in knowing the exact impact it would have on her residence, although she certainly was not opposed to Bruce's building. She felt this is the United States of America and people who own land should be able to build and she would never challenge the constitution of the United States of America. She thanked them. MR. JOHN MCCORMICK informed Commission that he owns a piece of property at the very top of the hill and he had always wanted to build his home on top of that and just never had the finances to put that together, but he planned some day to hopefully put that together. To see Bruce putting together what he's got going to him all made sense. Him being in the business he's been in and what he's done, and he's got a lot of things he's done that is just right on track, so he was in favor of what Mr. Kuykendall had going. Mr. McCormick said his home address is 29220 Via Las Palmas in Thousand Palms, California, but he was in Palm Desert until about four years ago. He was totally in favor of the proposal and hoped to maybe someday come back because he was still here in Palm Desert and hasn't left. He was totally behind what Mr. Kuykendall had going. He thanked them. MRS. ANTOINETTE CARVER, 72275 Upper Way West, said they spoke to this issue a number of months ago and while she and her husband believe that Mr. Kuykendall would build a beautiful home, they had no doubt about that, their only concern was that he was going to have to make some serious cuts on the side they look at 12 i MINUTES • PALM DESERT PLANNING COMMISSION JULY 1 2008 and Mr. Kuykendali wasn't certain that the property would perc at that time. What they would hope is that if Mr. Kuykendall goes ahead and makes those cuts and it does not perc, that he would commit to renaturalizing (she didn't like that work, but it seemed to be popular), renaturaliiing those cuts so that the mountain would again look like it looks. That was all. She knew Mr. Kuykendall would build a beautiful home. She thanked them. MS. BARBARA STILES, 72895 Amber, asked about the destruction of the hillsides. Would it scar the hillside? She has lived there for 21 years and there are a few homes up there just east of the churches. She asked if it would be set below the churches where they couldn't be seen so much. Chairperson Tanner asked the applicant to respond to Ms. Stiles' question. Mr. Kuykendall pointed out the location on the displayed map in relation to the churches. He didn't believe out of her backyard that she would be able to see the hill they were talking about, it was too low in elevation. He pointed out the CVWD pump station, the Stone Eagle entry and the churches. He didn't believe that she could see it from her location. Ms. Stiles said she has been there 21 years and was worried about everyone else. They didn't want to ruin Palm Desert because it is a fantastic community. Mr. Kuykendall agreed, wholeheartedly. He said it is a beautiful site and could be done in such a way that it would be hard to notice unless someone was really looking for it. He didn't believe it could be viewed from her property. Someone going 55-60 mph up Highway 74 would get a quick look at it. Ms. Stiles thanked him. There were no other public comments. Action: Commissioner Campbell moved for approval. Commissioner Limont asked for discussion first. Chairperson Tanner agreed. Commissioner Limont noted that we have a hillside ordinance. She didn't disagree with everything that folks were saying, and didn't know Mr. 13 %. MINUTES ' M DESERT PLANNING COMMISSION JULY 1 2008 Kuykendall's work, but did know the Carvers work and Toni's comment had merit with her. But she came back to this whole group who worked really hard for a Hillside Ordinance that specifically says no building on the ridgelines. As much as she could look at this and go, you know what? Look at the two pads, staff was right, this is the better way to go, obviously the neighbors feel he'll be doing a great job, and they would be marching all over the ordinance. This was the second time in finro meetings they had been asked to take an ordinance that hasn't been in place seven months and just throw it by the wayside. She just had difficulty with that before they voted. Commissioner Schmidt acknowledged that this was tough. They knew when they proposed and passed the ordinance that they would be facing some of these issues. She was certain that Mr. Kuykendall would build a most wonderful house, but she could not, like Commissioner Limont, just fly in the face of an ordinance that so many people are depending on with exception after exception after exception. It was unfortunate that it was graded prior to even being in the city, and that did not constitute the grandfathering in her view. If anything, they should be looking at reconstructing the ridge without a home on it. So unless she saw something really concrete, a picture of what it would look like, she couldn't encourage any further development on the site or encourage any more expense for him, and it would be expensive to make pretty pictures to show them a home in there. If he wanted to do that, she would encourage him to, but it would be a whole new reapplication. They worked hard at the behest of the people of the city to pass that ordinance and they had to enforce it. Chairperson Tanner asked staff about the construction below the ridgeline. The ridgeline itself, he understood it had been disturbed; the original ridgeline had been disturbed. His question was if this construction was on a ridgeline as they see it today; as it's being proposed today, is it actually construction on the ridgeline. Ms. Aylaian explained that the Hillside Ordinance itself has a map appended to it that actually draws red lines on what was being identified as the ridges. That map shows that this is a ridgeline that runs through that properry. So according to the Hillside Ordinance, this is considered a ridgeline despite the fact that work has been done there in the past. Chairperson Tanner asked if the ordinance itself gave any latitude as far as if the actual construction of the home itself was below the red ridgeline; was that correct if they were not interrupting or encroaching on the ridgeline in the construction of the home. Ms. Aylaian explained that the other provisions of the Hillside Ordinance would then take effect, but they were not prohibited from building on it if it was 14 , i' , MINUTES � ` � ESERT PLANNING COMMISSION JULY 1 2 not identified as being a ridge on the map thaYs appended to the Hillside Ordinance. Chairperson Tanner reiterated that what she was saying was that this piece of property is in the effected ridgeline area. Ms. Aylaian said yes, it is. Chairperson Tanner said that applied even if it wasn't building on top of the ridge, but below the ridge. Ms. Aylaian concurred. She added that this was only the second time that this portion of the ordinance has been implemented, and that's for the Optional Preliminary Approval for the site and access location. When a site has been identified that does not approve the project, the project then goes back through Architectural Review for design analysis and would come back for consideration in the future. At that time the Planning Commission would have greater analysis, as well as exhibits that would demonstrate what the architecture would look like and the proposed mitigations as far as reshaping of the hillside or grading or rebuilding of the berm so that they would not be making a decision in a void. Chairperson Tanner noted that what staff was asking the Planning Commission to do today would be to recommend to staff and to the applicant to continue the process if they choose to and then bring it back to Commission after it's been through the Architectural Committee. Ms. Aylaian said that was correct; the action today would identify a pad that would then go through the full process and go back for architecture, design, and the CEQA analysis to determine what kind of environmental impacts there would be. The project would then go through the formal approval process. Chairperson Tanner said or, if they could recommend that there be no more continuance of this effort on their part. Ms. Aylaian said staff was asking the Planning Commission to preliminarily identify a building pad and access to that pad. Chairperson Tanner clarified that that was all they were asking them to do is to identify that pad. Ms. Aylaian said that was correct. Chairperson Tanner said they were not being asked to say yes or no. Ms. Aylaian agreed that they were not approving a project. Chairperson Tanner asked if that was clear to everyone. Commission concurred. Chairperson Tanner noted that there was a motion on the floor. He asked for any further discussion on this issue. Commissioner Schmidt indicated that a second was needed for the motion. Chairperson Tanner seconded the motion (which was, by minute motion, to direct the applicant to proceed with Proposed Pad #1, including grading, berming, and renaturalization work necessary to obscure view of the homes and improvements from the valley floor, per the Hillside P_lanned Residential Zone Section 25.15.130 "Optional Preliminary Approval.") 15 , MINUTES ' ESERT PLANNING COMMISSION JULY 1 Chairperson Tanner asked if there was any other discussion. Commissioner Schmidt commented that if they look at it as a pile of dirt, the pad is a flattened pile of dirt which was the ridgeline and the dirt that was moved away from the ridgeline, if she was correct, now constituted the fill which allowed a large enough pad to build approximately 4,000 feet. So to berm it back up again, was really a major undertaking and he had to do the peres on it. She for one could not encourage more money into that project unless there was overwhelming support for him to do that; it's expensive. Chairperson Tanner thought that should be left up to the applicant, but they were being asked to suggest a pad, either Pad #1 or Pad #2, for the applicant to continue the process. Mr. Kuykendall asked to make a comment on that. Chairperson Tanner invited Mr. Kuykendall to readdress the Commission. Mr. Kuykendall asked them to bear with him. He has been after this for five years. And politically he has been told again by two Council members no; he's got opposition again here. All they were doing was putting a different dress on the same girl. He keeps spending money, he keeps going at this, he keeps talking to City Council members; the bottom line is there is stiff opposition to building on this property. They have Mr. Lennon who gave him a letter and said if he did build a house there, Mr. Lennon would give him golf cart access into the course. But at the same time, Mr. Kuykendall couldn't help but feel that maybe he is in opposition to this too because it is in his view corridor from his clubhouse. He said he was really tired of playing the politics and he would just like to be either bought out for open space and treated fairly in lieu of...if he was going to go forward spending $80,000 like he quoted last time in a City Council meeting, he said it would cost him roughly $80,000 to really design something, not wasting his time; he wouldn't throw $20,000 out and get a balloon case that can pop. It would cost him about $80,000 to do photo sims and design considerations. They could talk to any good architects here, and he knew them all and had worked with them all, and it cost $25,000 just for a retainer. So he didn't feel like spending that money when he had all this opposition politically that's out on the table. He said the City Attorney was aware of it and everyone here was aware of it. He would rather have an answer; if they didn't want him to build there, then buy it, it's for sale. He would trade it. He would 16 1 MINUTES � PALM DESERT PLANNING COMMIS ION JULY 1 2008 do something, but this sitting in limbo for five years and then where they were headed again right now was right back to where he was in 2003, right back to the same spot again. This just wasn't right. To see Ted Lennon develop 60% of his property and Mr. Kuykendall's property line was right there, that was not equal. It's called a CEQA lawsuit. He was sorry for talking like that, but this was out of hand and was getting old. Commissioner Schmidt asked since 2003 when he purchased, or even before that, since he's been aware of that property, she asked if he had ever been encouraged by anyone in this city to build on that site. Mr. Kuykendall said he never had opposition, real opposition that came forward until after he received Planning Commission approval last year with a 5-0 vote for a driveway to go in there and a cul-de- sac so he could perc test it to see if he wanted to go forward, and if not, he was going to renaturalize it, draw back out and know where he stood before he started spending the money. However, when he made those statements, Mr. Crites wrote a letter and sent him a copy of it where he said Mr. Kuykendall pretty well lied to the Council, which was totally untrue. That $80,000 in cost is real. He had to grade the road to get in there to perc it before his grading plan would even be accepted, so it was a catch 22 and that's why with Phil Drell, bless his heart, for three and a half years, he was honest with Mr. Kuykendall and told him he was supposed to discourage him from going forward. They kept submitting and doing this and that, but he has had two City Council members and an ex-City Council member tell him he would never build there, so why should he go forward? Why don't they get to the bottom of this? He was told to come and resubmit again. Well, he has and this time he would submit and go to the Council, and as far as his lawyer said, take that route and go from there. But that's not what he's about. He liked to know what he was doing. Commissioner Schmidt didn't think it was in their purview to authorize the purchase of the ground. ThaYs certainly for Council to do, she assumed. Chairperson Tanner said they were there today to make a suggestion to Mr. Kuykendall on a pad site, and they had a lot of conversation about it. He asked one more time, to staff and to the City Attorney, what they were looking for the Planning Commission to do. If it wasn't to approve Pad Lot 1 or Pad Lot 2, did they have any other choices on this miscellaneous item? Ms. Aylaian explained that the purpose of this item is that there was an application for the Optional Preliminary Approval to identify a site. If the 17 MINUTES DESERT PLANNINC GOMMIS�ION JULY 1 2 Commission were to look at both sites and feel neither were appropriate, but knew of a better one, they could certainly identify that one. Chairperson Tanner said they were asking staff to present to Commission those two sites or alternatives to those two sites. Ms. Aylaian said that staff has not be able to identify any alternatives to these two sites; staff believed these are the only two viable sites. Chairperson Tanner said it was presented to them as Pad 1 or Pad 2 to continue to pursue building on this lot. Mr. Kuykendall said that would maybe get him to City Council where at City Council he would guarantee that he would get shot down again. Commissioner Campbell said this was Planning Commission's job and was all they could do. Mr. Kuykendall said he appreciated that. Chairperson Tanner said they again come back to a motion on the floor that they go with staff's recommendation, Pad #1. There was a motion and a second. He called for the vote. The vote was 2-2 (Commissioners Limont and Schmidt voting no). Mr. Hargreaves explained that was a no action, basically, and subject to appeal to the City Council. He believed the applicant had 15 days. Chairperson Tanner thanked him. B. REQUEST FOR A FINDING OF GENERAL PLAN CONSISTENCY FOR VACATING A PORTION OF GUADALUPE AVENUE. (Related to Case No. PP 07-07, the approved Delio office building at 44-450 Monterey Avenue.) Ms. Aylaian stated that the report was before them and if they had specific questions, City Engineer Bo Chen was available to answer them. There were no questions. Ms. Aylaian noted that this case was a follow up on a project the Planning Commission approved several months ago for a new office professional building fronting on Monterey. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, by minute motion, finding that the proposed street vacation of a 18 CITY OF Pfllfll DE5ER1 73—S�o Fxr:u Wna�Nc DKivF PALM DEtiERI',CALIFORNIA 92260-2578 TEL:]�i0 346—ob�t Fnac:76o 34i-7o98 injo@palm-desert.org ---—_ .. _.. .___._ ----- ___ � ------------ .__..... _.. . CITY OF PALM DESERT PUBLIC NOTICE Case No. HPR/PP 08-259 NOTICE IS HEREBY GIVEN that the Palm Desert City Council will consider approval of preliminary building site for a 5-acre parcel of land in the Hillside Planned Residential Zone pursuant to the requirements of Section 25.15.130 (Optional Preliminary Approval) of the Palm Desert Municipal Code. Said request does not qualify as a project under CEQA guidelines; no environmental studies shall be required at this time. The property is located west of the Palm Valley Storm Channel on Upper Way West (APN: 628-130-015, Barracuda, LLC, Bruce Kuykendall, Applicant). The above mentioned case was presented before the Planning Commission on July 1, 2008 and on August 5, 2008. The Planning Commission voted 2—2 at each meeting, constituting a "no-decision" action. The Planning Commission has referred the item to the City Council for consideration at its August 28, 2008 meeting. � �,��I ���� � '�� �� , � at-c�r r m: r- �I � y �c,� .�. ?� � � ����'� ` � � ��� ���� ��;�.� W ,� � � r� . �:. , a � � � � �, .� � � . : , , '�: . � aaaaaasra sr �AMBFR S , � � � ' ` :: O " . �` . � ` frEER7 GRaSS DR �, s� r ,, isaU�Cf�Fi� �o v; # s� :`,,:y„� �4+r v �' <. ., �r -"'�., ..ar� �.,.. ti. < . . . . � s-< .r..., � ., i .J .: . . � ��-. �. .. 'r �'I' ���' ,� ,� �. CaLC�NI?t7.45T �<'^ MAYSTaCICRIJ�NAY5TACK RC� i �,..'�j �.W >, ., , , . '': . CC 1$Q�" ' �q ' .. • : _. eHa�L�rr y , � � ���' „� �`�-� soa�an Ra � � , ,y , � � i e - , � ' � _ ,� '� ", � �r�. } � S�('YWARD WaY �_ �>� �` ;d4 .� . , ;���� ��� � � Z k .. .. ., , � � . - Q. , BEL A!R!?D ,.. ,y ,� ,; 'r�,�, , � , , , ' HOAQES7FAD RD �_. , ��� ; _ Ed , 'F� 'm STONE EAGLE OR , OESER7-VlEWDR A � � � � � ` , r, � CL4YCT� ��%�:� 1�O y�SUNDOY4�NLN _ : C-c� �1 ��', , o . � , A� m s �u�' �`� � �.m � �'• . , o , m A m � ' • �� ��J CANYON LN/O�CRFST4N � THEOOORA��IY � � A r r�~ 2 .�:, v ' > �• MESA VlEWDR MESA VIEW OR VJ �� . �' � � � — 2 `SO,y,� GREENBRlAR LN' .: - 5 . • ,� r t rti� , qs,Fr - • � , D ` . ,�,��-y�' „ /�� .,., � .. '1.` .. . ,.. .r.. .,� : ��o __�.4�... . . ; .x . _ . .» � .. . SAID �eview will be held on Thursday, August 28, 2008, at 4:00 p.m. in the City Council Chamber at the Paim Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning this notice shall be accepted up to the date of the review. Information concerning the proposed project 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. RACHELLE KLASSEN, City Clerk Palm Desert City Councii � � - � � `� �� ' IRONWOOD COMMUNITY ASSOCIATION � August 25, 2008 City o�f Palm �?esert ATTN: �City Counc�] i 73-51� Fred Waring Drive � Palrn Desert, C,4 922fi0 RE: City Co�ancil Nl�e�#ir�g of August 28&the Hi(tside Ordinance I � Dear City Caun�il hllembers: . � � Under New 6usiness of#he August 28 ager�da, you will again be considering a petitian to ailow construction art a fiv�-acre parcel flf�and in th� Hillsid� Pfanned Resider�#ial�one. . . ' As you are well aware, allowing building on fhe hillsid�—5pecifically an a ridgefine--is not allawed and would requEre you to grant an�xceptEon to the Hillside Ordinance. On behalf of the 1066 homeQwners in the Ironwaod Corrimuni#y, I strongly urge you ta upf�ok!the integrity of the Hillside Qrdinance and not grant this req�est. The recent and im�Qrtan#changes ta the Hiliside Qrdinance must be upheld, or it wii! be diminish+�d. 7here is widespread support in the communit�for mai�taining the natural sta#e of au�-F�illsides and �idgeltnes, � �es�ectfu!!y, �� � � � Lawren�e T. Sui#er � - Presiderrt, Ironwaad Gammuni#y Assac�ation ,....., - � Copies: The S�mmi�-Pete Szambelan � � = Monterra�Gene Grant and Susan Pault ' �� � Th,e Reserve—8�1t Ebert =:-� � Ironwoad County Club—Don �lack ;�, `;�;;;,� lrrsnwaod Communi#y Courcci� � `°-'�` -� � Palm desert 7ennis Cl�� Baard of Dir�ctors ° �"�;'`�s���� � - :.f,. . .. :�--, � c� ,•�. w �w, P.O. Box 4772 * PALM DESERT, CA 92261-4772 * (760) 346-1161 * FAX (760) 346-991$ Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Monday, August 25, 2008 1:56 PM To: Klassen, Rachelle Subject: FW: Web Site Inquiry Attachments: LStoCC25Aug08.pdf; ATT207635.txt -----Original Message----- From: Lawrence Sutter [mailto:larrysutter@earthlink.net] Sent: Monday, August 25, 2008 1:53 PM To: InformationMail Subject: Web Site Inquiry -----Original Message----- From: Lawrence Sutter [mailto:larrysutter@earthlink.net] Sent: Monday, August 25, 2008 1:53 PM To: InformationMail Subject: Web Site Inquiry Please see that each member of the City Council receives this letter prior to their meeting Thursday. Thank you, Lawrence Sutter President Ironwood Community Association 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Monday, August 25, 2008 3:41 PM To: Klassen, Racheile Subject: FW: -----Original Message----- From: Pam Carlson [mailto:pam_carlson@mac.com] Sent: Monday, August 25, 2008 3:35 PM To: InformationMail Subject: We are very upset that you are considering allowing an exception to the hillside development ruling. We are long time residents of Ironwood and STRONGLY OBJECT to this. PLEASE KEEP OUR HILLSIDES NATURAL. Rick & Pam Carlson 73481 Mariposa Drive Palm Desert, CA. 92260 ..., - .,`-._ -> -� .,... ,_:� =;� ,,� �.� `-t'.,_�. �,��+.,.:: ,.„:� .. � .. _ ,t;` .C-- ., •, C"�--r? �M y"ry�w W �..�rvi 1 Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 3:41 PM To: Klassen, Rachelle Subject: FW: From: John Wiggins [mailto:jwiggins@jhwiggins.com] Sent: Monday, August 25, 2008 3:33 PM To: InformationMail Cc: Larry Sutter Subject: As residents of Palm Desert at 49-839 Desert Vista Drive my wife and I respectfully ask you to denv the request to make an exception to the Hillside Ordinance for the property planned to be located west and south of St. Mary's church. Thank you, John Wiggins ,..a .:_� � , . _� :�. ' `� , W..�._;,.,, h.a ... .: c1'1 � "� - .��: ... � ._ � -,r�;w.. .. c�-� � '"C"� C�'3 1 Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 3:42 PM To: Klassen, Rachelle Subject: FW: exception to the Hillside Ordinance From: Jes &Jay Niblo [mailto:jniblo@dc.rr.com] Sent: Monday, August 25, 2008 3:16 PM To: InformationMail Subject: exception to the Hillside Ordinance To Whom It May Concern: Do not waver in your rejection of any exception to the Hillside Ordinance. I was at the hearing for the Nelson Property, and the City Council's rejection of same, last month. I am unable to be at the meeting Tuesday, but please accept my strong urging to uphold the integrity of the Ordinance, and give no building permits to any project that would affect the sanctity of the ridgeline. Thank you for including my email in your consideration. Jessica Niblo 73159 Ajo Lane Palm Desert, CA 92260 ., -� , � ._. � -;'�. ,� ;� :,�� .. , ,._ „� �..- , ; r� �,;.;, �.-;-; . � yy;,- ,� r�,t.^, --;�;;,�:::.; .�` " •-rn .. r-7-r, � ���'� 1 Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 3:42 PM To: Klassen, Rachelle Subject: FW: hillside construction From: LANDON DALE [mailto:dclandon2@yahoo.com] Sent: Monday, August 25, 2008 3:14 PM To: InformationMail Subject: hiliside construction It has come to my attention that at your 8/28 city council meeting you are going to consider an exception to the Hillside Ordinance. I strongly urge you to deny this exception. Allowing exceptions severely weakens the ordinance and creates a"Daly City risk"to our beautiful hillsides. We do not need any more Haggedon fiascos. Respectfully submitted, Dale C. Landon Palm Desert . _.� _'_� _ �� T�� . � _ ,..... �;, ,�,� r c:r,=� � fu, , —�- _.� : �i... ,�`- ���s .. A.��-�^s O :�� CYJ �µ, 1 Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 4:24 PM To: Klassen, Rachelle Subject: FW: City Council Meeting of 28 August and the Hillside Ordinance From: RobertL142@aol.com [mailto:RobertL142@aol.com] Sent: Monday, August 25, 2008 3:51 PM To: InformationMail Subject: RE: City Council Meeting of 28 August and the Hillside Ordinance Dear City Council Members: At your August 28 meeting , you will be considering a petition (Case No. HPR/PP 08-259 (Bruce Kuykendall/Barracuda, LLC, Applicant)to allow construction on a five acre parcel of land in the Hillside Planned Residential Zone. This construction is NOT allowed and would require you to grant an exception to the Hillside Ordinance. I am a resident of the Summit and I urge you to uphold the Hillside Ordinance and the recent changes thereto, and NOT grant this request to allow this construction. My neighbors and I strongly request that you uphold the integrity of the Hillside Ordinance. Granting this request would be a step on the slippery slope of destroying the natural state of our hillsides and ridge lines. Please vote to DENY this request for an exception. Sincerely, Robert H. Lilac 48570 Olympic Drive Palm Desert, CA 92260 760-837-0371 It's only a deal if iYs where you want to go. Find your travel deal here. t�.,9 C::L'? ��_�.. ;`� . , „=�.�.. f:�^� ..� ._. -.., ,.,..'j...� t,_.,�,.., . . L,:�'t',:..... � f',�_ %'+' � �.. ."L3 �r �� ... � "`�x�� � - �... .. ,-,y..�; GY'� 2�^`-� C.17 � 1 Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 4:24 PM To: Klassen, Rachelle Subject: FW: City Council Meeting of August 28 -Case No. HPR/PP 08-259 From: John A. Hinds [mailto:johnahinds@dc.rr.com] Sent: Monday, August 25, 2008 4:03 PM To: InformationMail Subject: City Council Meeting of August 28 - Case No. HPR/PP 08-259 Dear Palm Desert Council Members, We are strongly opposed to the Council granting an exception to the Hillside Ordinance to allow construction on the 5 acre parcel of land in this case. There was a great deal of thought given by the City to recent changes made to strengthen the Hillside Ordinance. A failure to enforce the provisions of the ordinance will weaken the Ordinance until, once again, it will have no meaning. We urgently request that the Council not allow the applicant to proceed with the proposed construction. John and Carol Hinds 126 Heather Court Palm Desert, CA 92260 ..,a : � � -. _._ �� -�. _ _ �, � �,,;.. .. .,.� ��� <_,., ,-,��;: .. c�:-,; _. ,.. r .' �� -�•','j p - - C°:'� .s' � v� .. ;s-z�i CSi ^,=, � r�9 1 Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 4:25 PM To: Klassen, Rachelle Subject: FW: request for building on hillside west of the summitt and palm desert tennis club From: Dan8864775@aol.com [mailto:Dan8864775@aol.com] Sent: Monday, August 25, 2008 4:04 PM To: InformationMail Subject: request for building on hillside west of the summitt and palm desert tennis club Dan Forbush,resident of palm desert tennis club. I am not in favor of this request.Thank you. It's only a deal if iYs where you want to go. Find your travel deal here. ,._, --� � : �=,.� � �'-.-=3 , -. T,�a - � � ` � 4 � � � � . :.;a�w... .. ��� cn �;, cn �,:, � Klassen, Rachelle From: Gates, Mary Sent: Monday, August 25, 2008 4:35 PM To: Klassen, Rachelle Subject: FW: Hillside construction From: Judymetz@aol.com [mailto:Judymetz@aol.com] Sent: Monday, August 25, 2008 4:26 PM To: InformationMail Subject: Hiliside construction How can this happen? You decided previously to protect the ridgeline in our beautiful mountains and now your are thinking of succumbing to some outside pressure to cave. Do not cave. The future of this gorgeous valley is in your hands. Hold firm on your previous decisions. Thank you. Mrs. Frank A. Metz, Ironwood Country Club. It's only a deal if it's where you want to go. Find your travel deal here. '.� ��., -..a ... _� - .. ,-� ,'� :�. �_; :,;~� _d�. _ -v ;:.�_ c.r� �-� ,.... CF7.�;...�:..�_�: � '`S�y••- .. � 07.., � " .✓t...., .• t..�"T � Y,'3°'F") � �y„� 1 Klassen, Rachelle From: Gates, Mary Sent: Tuesday, August 26, 2008 8:35 AM To: Klassen, Rachelle Subject: FW: Web Site Inquiry From: Alison Delf[mailto:alison@stonepine.ca] Sent: Tuesday, August 26, 2008 8:34 AM To: InformationMail Subject: Web Site Inquiry Re August 28'h meeting agenda Hello I am a resident of Ironwood Community. I would like to know WHY you are AGAIN considering granting another EXCEPTION to the Hillside Ordinance. We now have a blight to look at above our community every day. I personally think you were bribed (yes bribed) to allow the massive construction of the enormous house looking over the ridge above our Ironwood North course—complete with a noisy helicopter pad. I urge you to stop this erosion of the strength of the Hillside Ordinance. Yours Truly,- Alison Delf 73315 Boxthorn Lane Palm Desert CA 92260 No virus found in this outgoing message. Checked by AVG. Version: 7.5.524/Virus Database: 270.6.9/1635 -Release Date: 8/26/2008 7:29 AM ';;� � ,.,_;: -�:.-� ,.;„. _ � . c�`� , ��,� .-;; .. ,� r�._.,'..: c,;. :.�,:'. �� rT� .. :...,, �;*+:� �� �•, '_'i!'"';4.,..� � � i s• �.^•?,. �. yi*� � � �tl� 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:36 AM To: Klassen, Rachelle Subject: FW: web site inquiry From: Richard Ruffell [mailto:sheruff@earthlink.net] Sent: Tuesday, August 26, 2008 7:59 AM To: InformationMail Subject: web site inquiry Dear Sirs: Please add us to the list of those opposed to more hillside building in Palm Desert. As full time residents, we feel strongly that more building on our beautiful hills will drastically affect our lifestyle and standard of living. Please maintain the integrity of our wonderful views. Richard and Sherry Ruffell Palm Desert Richard Ruffell sheruff(�earthlink.net Why Wait? Move to EarthLink. �..) ',:�.:;� ..,`3 k.�.. C:� �-::3 ,.-^'�..;.. � _"" ,� ...«�i..._ �ry� 4,��' . � i���` {+`" -. ._. 'i ,,. �' e"i C, .m �� _ ' � ,��.F .�,. �` br�`rs �1 ("!"; 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:36 AM To: Klassen, Rachelle Subject: FW: Building Ordinance--Cahuilla Hills From: LeeRMarsh@aol.com [mailto:LeeRMarsh@aol.com] Sent: Tuesday, August 26, 2008 7:50 AM To: InformationMail Subject: Building Ordinance -- Cahuilla Hills I am opposed to an ordinance change being considered by Riverside County that would allow the building of one house per acre. the current requirement is one house per five acres. Lee Marshall 73 102 Ajo Lane Palm Desert CA 92260 IYs only a deal if it's where you want to go. Find your travel deal here. _, � ... . � _ .. .� ,� ,1� - .,,� �, ,� �~�:. .� ^�s i r. ; �� — , .. �')—r � ��� � � 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:37 AM To: Klassen, Rachelle Subject: FW: hillside development From: Golf Admin [mailto:golfadmin@ironwoodcountryclub.com] Sent: Tuesday, August 26, 2008 7:50 AM To: InformationMail Subject: hillside development First of all, I oppose any new buildings on any hillside in palm desert. When is the city council going to learn that all residents of palm desert do not Want any hillside development. The city got away with one with the contstruction of the hagedon house, Bighorn. I still look right at that house every mourning. It used to be a nice hillside. The only reason you are considering this project is for the money it will provide the city. There are other ways to collect income for the city. Concerned citizen of palm desert Chris Gutierrez Lilautz11(cD.aol.com ....�, - _� _„ `: �3 'y� � ��y _.�,.. i� _ :'`«� �...:.t".�'.- � �„� (9 1;�J ' : L.�' r"�,: ?� ;�3 i����:, .,.nr. ._-3(.._..,.�,.. � �—�'T.i A' jYx � i�1 1 Klassen, Rachelle From: Gates, Mary on behalf of Giiligan, Sheila Sent: Tuesday, August 26, 2008 8:37 AM To: Klassen, Rachelle Subject: FW: Ridge Line Development From: LeeRMarsh@aol.com [mailto:LeeRMarsh@aol.com] Sent: Tuesday, August 26, 2008 7:42 AM To: InformationMail Subject: Ridge Line Development I am opposed to the proposed ridge line development west and south of St. Margaret's Church off Route 74. Lee Marshall 73 102 Ajo Lane Palm Desert, CA 92260 It's only a deal if iYs where you want to go. Find your travel deal here. �._� �-� . ::�:� �-.� - __ x�„ . .� y� �°+ . ;,�,� _ . � yA ::� _. �..._ :,,..,.._.. � - :�;�Y.�, c-�-,., �` �,- � � 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:39 AM To: Klassen, Rachelle Subject: FW: PALM DESERT HILLSIDE ORDINANCE From: NLHaase@aol.com [mailto:NLHaase@aol.com] Sent: Monday, August 25, 2008 9:43 PM To: InformationMail Subject: PALM DESERT HILLSIDE ORDINANCE We are very much against any exceptions to the Hillside Ordinance that would allow any homes (or other buildings) to be built on the hillside and ridgeline to the West and South of St. Margaret's Church. After the Hagadon fiasco, I do not understand why the issue of continued requests for building on any ridgeline continue to be considered. Any request to build on the ridgeline should be turned down immediately without further discussion. Why is it that residents must continue to notify the City Council of our feelings on this issue? I am also very much against change to the current building ordinance in the Cahuilla Hills area from one house per 5 acres to one house per one acre. The requested increase in density is offensive. The integrity of the Hillside Ordinance (no building on ridgelines) must be held! Nancy and Gunnar Haase 73203 Ribbonwood Court Palm Desert, CA 92260 IYs only a deal if it's where you want to go. Find your travel deal here. �, _. � _ _._. ,�.._ :�- - � � , �•4� ;:�,_, �+ � ,.�:: �. �"° �.�,cr,'A._ �..� "� _ `�M _. �# �,`�•, .� >s"C': � 6•1 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:40 AM To: Klassen, Rachelle Subject: FW: Hillside Ordinance From: gern nagler [mailto:gernnagler@gmail.com] Sent: Monday, August 25, 2008 6:26 PM To: InformationMail Subject: Hiliside Ordinance How many times are you going to be tested on a subject so dear to the homeowners in south Palm Desert. PLEASE do not approve any building on the ridge line. I am a resident of Ironwood C.C., so you know why I am so vocal on this subject. Thank you. R. Gern Nagler 16190 NW Agave Lane Palm Desert, CA, 92260 ,., � .._., _,.�:. ���� � _ ;� -� — -�, � r�T;;,' ti-=_,9,:;,...,.. ?'�; - � ;w,;'i��,��,' _ "t`.� ..��, � �'�� •. (�i-<^ +� r�'��'^i � r=r 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:40 AM To: Klassen, Rachelle Subject: FW: Integrity of Revised Hillside Ordinance From: PAUL A MUELLER JR [mailto:pauljane65@verizon.net] Sent: Monday, August 25, 2008 6:20 PM To: InformationMail Subject: Integrity of Revised Hillside Ordinance Dear Council Members: I write as a property owner in Ironwood Country Club whose house sits below the "mansion" in Big Horn which resulted in the revised Hillside Ordinance. I implore you to deny the Petition regarding a home to be built on the hillside and ridgeline to the west and south of St. Margaret's Church. Much study and effort was put into the revised Hillside Ordinance. My wife and i feel that it is so important to maintain the integrity of this Ordinance. Do not grant this Petition, for once done it will be like a leak in a dike! Sincerely yours, Paul A. Mueller, Jr. _,.7 _:� �.._:J _'..,_._:. �..,-r.3 ..,__.. °k."„1s �� � u"""� ._., �:h .. _ "`.J ,..., ,_,�';: �.`91 ""�"r.�. c,'�� _ ,_: � � ,. Y� + m .: "� -, -� ;�—*� t71 �= e-� 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:40 AM To: Klassen, Rachelle Subject: FW: Ridgeline construction -----Original Message----- From: meyer margie [mailto:margiemae2@aol.com] Sent: Monday, August 25, 2008 6:05 PM To: InformationMail Subject: Ridgeline construction PLEASE do not permit any homes to be built on the Ridgeland off of Hwy 74------Margie Meyer ., � _ .... ,� � __.. _� :�. �".: _: ��7 _. �,� . � .:,;� a:�a-_, . P.� ;r.:a. .;.�• —,-, �.�: �� _ �--i'a... .• {•�...t.y � .;�� Qti {-1� 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:41 AM To: Klassen, Rachelle Subject: FW: CONSTRUCTION OF MONSTER HOMES ON OUR RIDGELINES From: Judy Peery [mailto:judepeer@yahoo.com] Sent: Monday, August 25, 2008 5:09 PM To: InformationMail Subject: CONSTRUCTION OF MONSTER HOMES ON OUR RIDGELINES CITY COUNCIL: PLEASE BE AWARE THAT MOST NEIGHBORHOOD RESIDENTS BELOW THESE HUGH HOMES THAT YOU HAVE ALLOWED HAVE TO ENDURE THEIR LIGHTS AND UNSIGHTLY ROOF LINES. THERE IS NOTHING ATTRACTIVE ABOUT A HOME BUILT IN THE DESERT MOUNTAINS. WE ARE ALL THERE FOR THE NATURAL BEAUTY OF THE DESERT....WE THOUGHT YOU PASSED A LAW AGAINST BUILDING ON RIDGELINES, BUT APPARANTLY THIS COUNCIL IS WILLING TO MAKE EXCEPTIONS FOR MONEY/INCOME GENERATED BY TAXES. YOU PASSED THE LAW, THERE SHOULD BE NO EXCEPTIONS TO IT. WE ARE PERSONALLY BOTHERED BY HELICOPTERS THAT HOVER OVER OUR STREET AND GOLF COURSE AND MANY TIMES ARE BELOW THE 1000 FT. AVIATION LIMIT. YOU ARE JUST ENCOURAGING MORE OF THAT NUISANCE. PLEASE DON'T ALLOW OUR SPECIAL PLACE TO BECOME AN OVERDEVELOPED COMMUNITY. WE LOVE THE PEACE AND QUIET OF THE DESERT. THANK YOU FOR YOUR CONSIDERATION OF OUR OPINION, JOE & JUDY PEERY 49204 QUERCUS LAND ,, PALM DESERT, CA. 92260 � � -_ ,:.� :� ;.� . ,.,,� :_�;.., � j'f.,,J'J_,T!I.,: Cf�Y�!�':,.:�. �r�o. r ,, . :� _���..^ .; _._�l_ C'� — _'.'. 'w .« `,.�`� .T' Ir.�.� � P'�"t 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 8:42 AM To: Klassen, Rachelle Subject: FW: Note of concern.. SUMMIT HOMEOWNER... *""*RE-SEND with address correction Attachments: image.jpg From: Tommy Imperato [mailto:Tommy.Imperato@fox.com] Sent: Monday, August 25, 2008 5:39 PM To: InformationMail Subject: Note of concern.. SUMMIT HOMEOWNER... ****RE-SEND with address correction NOTE: Re-send To Whom it may concern, Please accept this email as our personal vote against allowing a home to be built on the hillside and ridgeline to the West and South of St. Margaret's Church off Highway 74. Construction on a ridge there would likely be very visible to residents of The Summit, to which we are one. Thanking you in advance for your attention to this matter on behalf of myself and my wife. Sincerely, Thomas A. Imperato (Summit Homeowner) Thomas A. Imperato Executive Vice President&Head of Physical Production 20th Century Fox/New Regency Productions, Inc. 10201 West Pico Blvd. Building 12, Suite#110 Los Angeles, CA. 90035 3l D/369-5957(Office) 310/969-0895(Fax) tommv.imperato(a�foz.com --� . . .�....W..—� � ,:�_�.: _.. � .. _ .w ...- ':�. � ' i�,.0 i��4V 1.#.1?.�..i�.:�Y�-i<..._;.3` �:..� —.;' . a _. F'R t:"t I1 C,!'C'.T i[t'.:t.S.t�T[('. :�'� =•�.� +,3 \„J i.'': C3"1 '—"' �`ax ***** Disclaimer Notice ***** ��` This email may contain material that is confidential, privileged and/or attorney work product for the sole use of t�e in€�rit�ed, recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prol�ited:��#�:°":� you are not the intended recipient, please contact the sender and delete all copies. •� ��-��, .F" ;y,`� � �'°1 1 Klassen, Rachelle From: Gates, Mary on behalf of Giliigan, Sheila Sent: Tuesday, August 26, 2008 9:23 AM To: Klassen, Rachelle Subject: FW: Enforce the ridgeline ordinance From: richard plat [mailto:richard-plat@sbcglobal.net� Sent: Tuesday, August 26, 2008 9:19 AM To: InformationMail Cc: larrysutter@earthlink.net Subject: Enforce the ridgeline ordinance Attention Citv CounciL• I am a resident and tax payer in the city of Palm Desert and I strongly support the existing ordinance to prevent construction on the ridgelines surrounding our city. One of the beauties and attraction of Palm Desert is the natural look of the hillsides. By allowing construction on the hillside it may increase in the short term the tax base of the city but in the longer term decrease the larger tax base for all the homes on the flat land of the city by making the city a less attractive place to purchase a home. Palm Desert must continue to maintain the beauty of the city so as to be able to compete for new residents with cities to the east which already have a more natural environment. I hope our City Council is not so short sighted as to grant an unwise exception to its recently passed ordinance. Many homeowner associations are very supportive of the hillside ordinance which was recently passed to preserve the ridgeline and can be expected to vigorously object to any move by the City Council to grant exceptions. Homeowner associations are a powerful block of city residents and can be expected to support City Council members who enforce existing ordinances. Richard Plat 49580 Canyon View, 92260 _� �-� _ .� -_. ;��, ��, - . ,�,, �,;.__ �--y �.� �; - �r, ;.,,;'�:;�; . �� . � v3 L�: ,. _..,,_��� � ��� � " � 1 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 11:03 AM To: Klassen, Rachelle Subject: FW: Hiliside Ordinance case#HPR/pp 08-259 Attachments: pd city council hillside ordinance.doc -----Original Message----- From: anas2anas@verizon.net [mailto:anas2anas@verizon.net] Sent: Tuesday, August 26, 2008 10:51 AM To: InformationMail Subject: Hillside Ordinance case #HPR/pp 08-259 Please see attached letter regarding the above mentioned case number. Thank you Teresa Anas ._."a _� --7 '";?,..:_ _.� w.,� . v`"7 -�mm�'_- "a3 l::rj,.,, ,., e� 1'�i�.�.;r��,,.�, C.*'i—:w;:�..,�....: u�n 's-3�',� ... -.tl"' _..� ...,..��.M. �.�.� _ G.J i...�� ��. -�y�� �♦ �'1"� ..... ,*y�� r�- .o. ,„q.� 1 / �..y ,. � August 26, 2008 City of Palm Desert ATTN: City Council 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: City Council Meeting of August 28 and the Hillside Ordinance On August 28, 2008, under new business, you will be considering a petition to allow construction on a five acre parcel in the Hillside Planned Residential Zone. (Case No. HPR/PP 08-259 (Bruce Kuykendall/Barracuda LLC) As a resident of The Summit in Palm Desert, we are opposed to allowing any exception to the current Hillside Ordinance. Any exceptions to the current ordinance will only weaken its integrity and would make it easier to allow further construction on the hillsides and ridgelines. Please do not weaken the current Hillside Ordinance by allowing exceptions. We value our view of the mountains with their natural beauty. Sincerely, Teresa Anas George Anas 72591 Sun Valley Lane Palm Desert, CA 92260 760-862-1139 ��, c: ,�.r� ._,.;..�._. (� _;. � � ,� "''�'m .. .,,�� �:i"'" .. � t i .: C!� ",:: ..-, �" :�:5 L,"+��„ �' _ `'*''_:'C... _,� .. a:"?—r� "'.. `c�{'� ,� �-.� � J� i�r ��'� � _ Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 10:30 AM To: Klassen, Rachelle Subject: FW: Hillside Ordinance From: Xsabl@aol.com [mailto:Xsabl@aol.com] Sent: Tuesday, August 26, 2008 10:20 AM To: InformationMail Cc: larrysutter@earthlink.net; Rob@lovetheview.com; golfer824@yahoo.com; dwgseal@gmail.com; WABGibbons@aol.com; richard-platt@sbcglobal.net; bunnelles@yahoo.com Subject: Hillside Ordinance Dear Council Members, I understand that you will be acting on a request to grant an exception to the Hillside Ordinance that would allow a home to be built on the hillside and ridgeline. Your consideration of this exception is of grave concern. I have applauded the efforts of the Palm Desert City Council and Planning Commissions over the past 20 plus years for your awareness and commitment to preserve our natural desert beauty. And as a developer, it took some education and exposure over the years for me to reach the point of understanding the importance of your vision. Right now no other issue, in my opinion, has been more important than this. Palm Desert is singularly responsible for setting the standard by which all other desert communities currently aspire, having blazed the trails into more conservation awareness and protection of natural resources. You have initiated guidelines and authored ordinances that have insured the protection of our desert views and vistas, our water and air quality and provided the foundations for healthful living for future generations. Please do not dilute this valuable ordinance that safeguards the important work you have done. I urge you to vote against any exception to the Hillside Ordinance and prevent any construction on the ridgelines of our mountains. The entire Coachella Valley and beyond is looking for your continued strength and leadership to fortify your position. Respectfully, Pamela Sma�lwood 73490 Mountain Vista Palm Desert, CA 92260 It's only a deal if it's where you want to go. Find your travel deal here. ,,�, --� - --� -�- . :-� � . �� -.:s ;�:;.°,-�;, � �-;;;�� , �,.,_ ,_. e�., -. :i� ��,c;i...: .,..�""'+. ..Wt::�'iW:� CY} ��)�,,.� L�J '-�'C; N � 1 , � - [,j t ��-� 3�• �� 9^}TI 1�� . a. t� �.i!� � � � Vg..� I.�i=t7 4.1"� 1 , ,<!�� �''�� ���� �� ��`� ��� 5 ' City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA.92260-0611 Re: case No. HPR/08-259 August 23, 2008 Dear Rachelle Klassen, City Clerk, I am writing in response to your notice of a public hearing regarding the proposed Hillside residential5 acre parcel in question. I am not in favor of any variance to the current guidelines concerning these hillside residential developments. If the proposal does not fit within the guidelines (as adjusted after the Bighorn Hagadon fiasco),then the project should be rejected. We are responsible to preserve our mountains,hillsides and especially ridgelines from aggressive, greedy and unconcerned development! That approved Bighorn project has gone against every guideline set by the city and I hope that will be the only one ever allowed in our city. I am angry every time I look out of my window and see that oversized, and unattractive mess ruining the ridge line. Please learn from past mistakes and do the job of enhancing but not destroying our marvelous hillsides and mounta.ins! Thanks for listening. Yo s . y, � W.H.Shank 73131 Ajo Lane Palm Desert, CA 92260 (760) 776-0075 Klassen, Rachelle From: Gates, Mary on behalf of Gilligan, Sheila Sent: Tuesday, August 26, 2008 2:32 PM To: Klassen, Rachelle Subject: FW: refer-counci� meeting-Hillside Ordinance ... .... _ From: COOKIOS@aol.com [mailto:COOKIOS@aol.com] Sent: Tuesday, August 26, 2008 2:18 PM To: InformationMail Cc: COOKIOS@aol.com; allanhurst@dc.rr.com; clubmanager@palmdeserttennisclub.com; grthomas98498@comcast.net; PLandye@comcast.net; RHOLLYOAK@MSN.COM; rchalker@woridnet.att.net; Dan8864775@aol.com; Pete Szambelan; RFilley649@aol.com Subject: refer- council meeting-Hillside Ordinance To Palm Desert Council Members Refer: City Council Meeting of August 28 and the Hillside Ordinance I understand you will be considering a petition to allow construction on a 5 acre lot of land in the hillside planned residential zone. Building on the hillside ridge line is not allowed per the current ordinance, and would require the council to grant an exception for this project. As Vice President, Board member and home owner at Palm Desert Tennis Club, I strongly urge the council to uphold the integrity of the Hillside Ordinance and NOT grant this request. The council needs to take the necessary measures to assure that the natural state and beauty of the ridge line be maintained. The 32,000 square foot Hagadone property located on the south has destroyed the natural state of our mountains. Please don't allow this to happen again. Your decision will impact all 100 homeowners at our Tennis Club. The Palm Desert Tennis Club Board of Directors supports this letter. Sincerely, .�, �:� � -. _.�� �„, .. Bill Cook �' �-+} Vice President/Palm Desert Tennis Club -� r ��f� : � �,__. 72-955 Grass Court Lane � -�`w�� �� Palm Desert, California 92260 =�F°�'���x � `�� . :'c=� �a � IYs only a deal if iYs where you want to go. Find your travet deal here. � z008-08-z6 17:15 LuAnn 6eckloff 7607i91155 » 7603a0�57t1 P 1/1 73-175 Silverleaf Court Palm Dcscrt, CA August 26, 2008 .._a _,� �._. _.. �., .._ , ::_:� �� .. � G`"7 ... - a "*+,] S�x C�ty of Palm Desert `�' ��' A°:=-.' 73-5 l 0 Fr�d Waring Drivc � .w�'�"'" Palm Desert, CA 92260 � < ,�:.:, � � .. �-�- Attention: City Council � ���', R�: City Council Meeting of August 28 and thc Hillside Ordinance De2u�C�ty Council Members: �?,i - � _ . , �• '�s�y�t:��. � � ��m a full-timc resident of Palm DesCrt residing in Imnwood Country Club since 1983. ,,s It has been brought to my attention that at your August 28``'meetinb you will bc �vnsidcrin�,a pctition tv allvw construction on a five-acre pazcel v�la�d in�k�e H�llside Alanned Residential Zone which appears to me to be a diree:t violation of the recent and important chang�s of the Hiltsidc Ordinance. Every day, I avoid lookin�at the Hagedone mausoleum which i can see plainly from my front yard which di�tt'acts sa much from thc bcautiful ridgoline that was vncc thcrc. P�,EASE,do nol allo�v an exception to be maude to the Hillside Ordinan�e and protect the inte�rity of the Hillside Ordinance. As I am sure you aze awate,there is tremendous amount pf support in our community for mainta.inic�;the nat�iral state of our beautiful hillsides and ridgelines. If this exception is allowed,there will soon be cluttered ridgelines and eluttered hillsides�d t�,e on�ce beautifu}matural st�will be non existent. Tlaaetk yau far yowc�Qnsidera�a��. � Sincerely, . , . .� �C�.t. � i Lu Ann Beckloff r , t Y' .. . � . . . � u . .,. .. x ,e 1 , , . �� . . Yrxl:l�. , , i - �, J�.,�.I': . .. ... . . . r: � ' •'Y �li.: . Racaived "d�`�Aua-26-08 04:58pm '`'" ��rom-L,uAnn Backloff To-CITY OP PALI� DESERT P�ae O1 �; ; Klassen, Rachelle From: Gilligan, Sheila Sent: Wednesday, August 27, 2008 5:32 PM To: Klassen, Rachelle Subject: FW: Proposed building west&south of St. Margaret's church off Hwy 74 --Original Message----- From: Keith & Jan Sorensen [mailto:keithjan@telus.net] Sent: Wednesday, August 27, 2008 5:23 PM To: InformationMail Subject: Proposed building west & south of St. Margaret's church off Hwy 74 Dear Council Members: Please register our vigorous objection to any building on the higher reaches of those beautiful hillsides to the west of Highway 74 and south of St. Margaret's Church. One of the reasons we bought into the Palm Desert Tennis Club not long ago was the lovely view of those unspoiled hills. To watch the sun set behind those pristine hills is one of the highlights of our day. Please don't allow it to be spoiled by construction. Yours truly, Keith and 7an Sorensen (48265 Racquet Lane, Palm Desert). 7an and Keith Sorensen Hornby Island, B.C. V0R 1Z0 250-335-2745 keithian�atelus.net ,_ � .,� ,.:3 .:, � _ -�. -� - ��.. �'� �.:�, _ -. :; ��•� ;�-�,r e�o �,y_,_ ���:�;-_...: �'� '��S iJ^ - � ' -.,.��,.... "� �°!"'1 � 1 i ' .. • .—+' �+ r_, ' � ri �f i�q�E. '— .. .�} t � �r:A �, . „� .- # :.� 4 �_'. n . . .. � V'` f..._ 7�1�'f� �}1�; `�� �`� �; �� ♦- i>,. � � _,-; � �= .��. . � _ Y` � � a� � _. a � � � � � �. � � � , � (r � � • � _ � � • � � � R , � - 4 � � • ,,.� ,� :. r:�� � �. . ��� ���: �������€ ��� ���.� � �a�� � � �� ,�."�4�...� .�k� � � �'' ��,,, -�" ��►-.acs��a� ��„�,,.; � ` ���-��),�,� , � �� � '�" ? 3 '�1 ° ��� ��,- ���, �.- pa �- � a : ... . _...�._..'^'/F�`���� r 4 i 3 t • 's ji i i• . .33. 3 I F •ii:tl�fii3}'t{i!i���t�:i�iF?t�F�?e:f:i?f�