The URL can be used to link to this page

Home My WebLink AboutAppeal PP 07-12 D.Nelson 72-340 Upper Way West 07-10-2008REQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT CITY COUNCIL STAFF REPORT Re -Consideration of appeal by applicant of a Planning Commission approval of a preliminary building site for a hillside planned residential property located at 72-340 Upper Way West (APN: 628-130-008). SUBMITTED BY: Ryan Stendell, Senior Management Analyst APPLICANT /: David Nelson APPELLANT 72-595 Beavertail Street Palm Desert, CA 92260 CASE NO: PP 07-12 DATE: July 10, 2008 CONTENTS: Plans and Exhibits Minutes from June 3, 2008 Planning Commission Meeting I. RECOMMENDATION: That the City Council grant preliminary approval of Pad #1 with the direction to design the pad and home to minimize the visual impact on the City. II. EXECUTIVE SUMMARY: This item requests consideration of approval of an appropriate building site on a 5-acre lot within the Hillside Planned Residential Zone (HPR) to clarify direction given by the City Council on June 26, 2008. After approval of a building site, the applicant will be required to submit a complete project, which will then be processed for review and approval of all elements EXCEPT the location of the building pad. III. PROJECT DESCRIPTION: A. City Council, June 26, 2008 At its regular meeting of June 26, 2008, the City Council reviewed the Planning Commission action on request for Preliminary Site approval for a five -acre property within the hillside. The Council discussed many issues such as visibility and disturbance within the hillside. The City Council ultimately directed staff and the applicant to explore the potential development of Pad #1, using methods that would screen the home to the greatest extent possible. Following the June 26, 2008 Council meeting the applicant expressed his concern with pursuing a home on Pad #1 with only general direction to explore from the City Council. The applicant submitted a letter (attached) that asked for the City Council to approve a preliminary building site for his five -acre parcel. Staff Report PP 07-12 July 10, 2008 Page 2of2 This identification of an acceptable building site is offered to hillside property owners in section 25.15.130 of the municipal code. B. Planning Commission: At its regular meeting of June 3, 2008, the Planning Commission reviewed this case for optional preliminary approval. The Planning Commission concurred with Staff that Proposed Pad #1, which is on a ridge, would not be an appropriate place to build a home. Several of the neighbors spoke and voiced their concern over the possible changes that could occur as a result of developing Pad #2. The applicant also stated that Proposed Pad #2 was infeasible for him to build due to numerous constraints, including the presence of underground utilities and the costs associated with extensive excavation and site -work. The Commission ultimately approved Pad #2 and directed staff to continue to work with the applicant and surrounding property owners to come to a favorable solution. The motion carried 3-1, with Commissioner Campbell voting no and stressing that the applicant should be allowed to develop on Pad #1. IV. CONCLUSION: Although Pad #1 is on a ridgeline, a home could be constructed there that would blend in to the native hillside and be minimally impacting on the City below. Such development would involve substantial grading to re-establish the ridgeline such that it screens the majority of the home. If preliminary approval is granted to Pad #1, staff will continue to work closely with the applicant to return with a proposed home that meets that intent that the City Council has set for the Hillside Planned Residential Zone. Submitted By: Department Head: Ryan Stendell Associate Planner Approval: rauri Aylaian Director, Community Development By Minute Motion, deny the Appeal and uphold the decision of the Planning Commission, directing the Applicant to proceed with development of Proposed Pad 12 and no development on the ridgeline. 5-0 '.;ITY COUNCIL ACTION: Homer Croy APPROVED DENIED ✓ �,-... ACM, Developmen eydices RECEIVED„®, OTHEP, Carlos Ortega City Manager MEETINC DATE AYES: NOES: ABSENT: ...•S.,..I,VOWMtl -w.�...,._.....,•Va. ABSTAIN: VERIFIED BY: G \Planning\Ryan Stendell\Word Data\PP-07-12_CC_RPT.doc Driginal on rile h City Clerk's Offir DAVID A. NELSON 72-595 BEAVERTAIL ST. PALM DESERT, CA 92260 (760) 341-1052 fax (760) 346-8001 June 30, 2008 City of Palm Desert Attn: Lauri Aylaian 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578 Dear Lauri, As you know, I have requested for all site locations per ordinance 25.15.130 and The Planning Commission approved one location. You also are aware that I filed for an appeal to the City Council regarding that decision and the Council met on June 26, 2008 to review that appeal. According to Ordinance 25.86.080 Action on Appeal or Review, the City Council may affirm, reverse or modify a decision which has been appealed. It is my understanding that the City Council did not affirm, reverse nor modify the decision of the Planning Commission, but decided to "explore" another site location. Therefore, I am again requesting that the City locates and assigns, and the City Council approves all building site locations and access road locations per the Ordinances. I look forward to the City Councils action at the next meeting on July 10, 2008, Sincerely, David A. Nelson 'ter ',�"( W i Iw ,.�. ��: ". ' ' :r I ; _ y-...-"' - '. , e-- i 41111111 7 y • It roc:-Y' � ,,r.em.asser'rrt Q ill .• aers t „,. dt 1' p glipi R CAM 0 _ OKOWV7y ALA O DR; ACAMO•o { �- .� I' 4 ilt% ,viii__ g yFyF r lel ion, .. . :; ' {$ �+ m l f sti tin .�-, S st k .� soilliIi t.. h li ": 114, - Mit . IIIV — c 1''' ofor , ,, Q ,,r: , A ' 4 Ill r r it {► ,. .. . . i . ,y, 4 . , m- i g t,,,,,n,,:-..z.,. ..,_v ...,1,_..,i, .- h ,.. , „: .. n ., • r Q ` x • tttS l x : ,d _n. m . + '• " y F e 4y 7 o Q F' zp F,: -. B -% r - , 0,' ti c CD ." J fN� f '> 's ' ." -a GG f t ils- .. . ,,,,,p,,. .,.„4„.....,....„7:,...a..,„:„_,,,...„.._._ ,,,,,H,11.i !i.t,E. r,.,..I...'.....,..,..,....-_ - rs . _._.—,,.,t ,.... .,,,4. 4 4,1,i._.1k03j_ gei,d'_-:s ''', 1 w _ :.,,::. -,,,,,-,-,,:,-1, lr* �} .v.-.-- _ :-'.,,.. ..4 0 -„,....,,.. . _, ',._. __, ___ ._.4-0..,..',0i1. em,4,,-0..4,,,..„.)i ,1',,,,d.„„.„lk ol.,„.*frk,it74..,i-0,_ k,..'',;1,, 117,! 1,,1,--..,._.-A-r--.,i-,, , ,.,,.-,-_,,4,,,14:---,'7--,.._-a 7-r:_.,_-_,_' -'-.4s,44 _t 4-._ y-I1iF.t zr _ w - :; ib . '� .. '°a• �;-... .. :>.�• , ;.- �,; .w*",,,, '.: 't Odic t�'� OM'�1SS3 r+ rt 1t•:� -I� y . ..............". Ithr.es,w... - =. - --..-4- ,- ,--,.-7—.47,;24„,,.. --74tzet, -t---- ,.1, , 0 111r to . „„.„ - $ SONIS3dWVj'50.7.3 70 0377 - - - - SONlS3W dVD S07 30 377Va_ SON/S3dWV3 SO �.v -. - :. - • �•� a �z �Q h � ' 1.. C fir°' '#'t 4�f 4 i `�C • ;,,,..a.i, k, , , .c......, < ,„,, : ngp. . .:i.: _ ,�:' yr� VJ t 43A a �i �0� 4 -; � I)( 7 t N - - ■ +�p' ` F '�"_ y.� Itie.r r fort e a . f ( CO .. r BBB Es i NQ • Q ns - -, \i ,tom .per+ i d 4-4 ` Q,. w V f . J / jZw \ ...... ",,,...... XC 4j ' itsr" r� 4� I IRONWOOD COMMUNITY ASSOCIATION July 7, 2007 City of Palm Desert ATTN: City Council ATTN: Planning Commission 73-510 Fred Waring Driven Palm Desert, CA 92260 RE: Enforcing the Improved Hillside Ordinance Dear City Council and Planning Commission Members: �J On behalf of 1066 homeowners in the Ironwood Community, I am writing to encourage you to fully enforce the provisions and intent of the City's Hillside Ordinance. This improved Ordinance has been in effect for less than seven months, the Hagadone compound and matter remains in full view and painful memory, and both the Planning Commission and City Council have recently been presented with and/or are reviewing requests for exceptions to the ordinance. As you contemplate approving any possible variance to the Hillside Ordinance, please consider the following: 1. THERE IS VERY STRONG COMMUNITY SUPPORT FOR THE CURRENT WORDING IN THE HILLSIDE ORDINANCE, especially (underlining is mine): "F. Development on or across prominent ridges is prohibited. "G. Building pad elevations and architectural shall be designed to eliminate or minimize any visual impact on the City to the maximum extent feasible. The meaning of the word "prohibited" is very clear. The Hagadone home is a visible and frequent reminder to Palm Desert residents of an unfortunate exception, and the primary reason significant changes to the Hillside Ordinance were pursued. 2. CITY COUNCIL AND PLANNING COMMISSION LEADERSHIP TO ACHIEVE AN IMPROVED HILLSIDE ORDINANCE IS RECOGNIZED AND APPRECIATED. A Desert Sun article by K Kaufman included the following quote: "We need to be explicit to people who want to build on the ridge, said Councilman Robert A. Spiegel. "It can't be done." Then -Mayor Dick Kelly once told me the City wished to "apologize" regarding the Hagadone matter and its subsequent impact on residents. We very much appreciated his candor and sincerity. In our meetings, it was clear that Councilperson Jean Benson was most displeased with the Hagadone matter. Councilman Jim Ferguson facilitated the first meeting between Duane Hagadone and the community, and Cindy Finerty provided great counsel and support throughout as a Planning Commissioner and Councilperson. Indeed, the City provided important leadership in mitigating the impact of the Hagadone construction and amending the Hillside Ordinance. ,T P.O. Box 4772 * PALM DESERT, CA 92261-4772 * (760) 346-1161 * FAX (760) 346-9918 3. ANY EXCEPTION TO THE HILLSIDE ORDINANCE should be just that — a rarity, an aberration, an unusual case. Such a request must be critically measured against the Ordinance's clear standard and intent. If an exception is granted, it should be rigorously specified. Each variance potentially weakens the Ordinance and encourages additional challenges to our ridgelines. Any matter involving ridgelines and the Hillside Ordinance will be of great interest to Palm Desert residents, given the recent Hagadone experience. An unpopular ruling would certainly stimulate a strong and negative community response. We urge you to consider these matters at a time of the year when residents are available and can readily respond with their opinions. The Ironwood community (along with representatives from The Reserve, The Summit, and Monterra) has worked with members of the City Council and the Planning Commission and Staff to improve the Hillside Ordinance. We look to you to vigorously enforce the Hillside Ordinance and protect our ridgelines. Respectfully submitted, Lawrence T. Sutter President Ironwood Community Association Copies: The Reserve, Bill Ebert Monterra, Gene Grant The Summit, Peter Szambelan Ironwood Country Club, president Don Black Ironwood Community Council P.O. Box 4772 * PALM DESERT, CA 92261-4772 * (760) 346-1161 * FAX (760) 346-9918