HomeMy WebLinkAboutAppeal PP 07-12 David Nelson 72-340 Upper Way West CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY COUNCIL STAFF REPORT
REQUEST: 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: June 26, 2008
CONTENTS: Plans and Exhibits
Minutes from June 3, 2008 Planning Commission Meeting
I. RECOMMENDATION:
That the City Council By Minute Motion: Reaffirm the decision of the
Planning Commission dated June 3, 2008, directing the applicant to
proceed with development of Proposed Pad #2 as shown on the
attached map.
II. EXECUTIVE SUMMARY:
Approval of this request will approve an appropriate building site for a 5-acre lot
within the Hillside Planned Residential Zone (HPR). 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. BACKGROUND:
A. Hillside Planned Residential (HPR) Zone:
The HPR zone was amended in April of 2007. Key changes to the
ordinance are as follows:
Staff Report
PP 07-12
June 26, 2008
Page 2 of 4
Ridge Top Development— The current HPR ordinance as amended
defines a ridge and also prohibits any development on or across
ridges within the hillside. Ridges are identified on the attached map
in red lines.
Development 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
ordinance, 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 for the full Precise Plan submittal as
required by the HPR zone.
B. Property Description:
The applicant, David Nelson, purchased this property in 2002. The
topography of the site is very steep and makes it very difficult to develop,
and the applicant prefers a building site located on the relatively flat area
indicated as Proposed Pad #1 on the attached map. The site occurs on a
ridge. There is an existing access to a property to the north that could be
used to access this proposed building site.
With the zoning code, the applicant is prohibited from developing on the
ridge where pad #1 is located. The applicant has attempted to find
alternative locations for development on this property but has found no
alternatives. He is now looking for a suitable site for development.
C. Adjacent Zoning and Land Use:
North: Hillside Planned Residential / Existing Single Family Home
South: Hillside Planned Residential / Existing Single Family Home
East: Hillside Planned Residential /Vacant Property
West: Hillside Planned Residential / Existing Single Family Home
G.�Planning\Ryan StrndclPWord Data\PP-07-12_CC_FtP�I'doc
Staff Report
PP 07-12
June 26, 2008
Page 3 of 4
IV. PROJECT DESCRIPTION:
The HPR zone allows the Planning Commission to approve a preliminary
building site, which can include the building site, density of development
and access road information. The applicant has stated that his property is
very steep and that the prohibition of developing on a ridge has eliminated
his ability to build a home successfully.
Staff has reviewed the site and believes that there are alternative options
for the development for the parcel. The area indicated on the grading plan
as Proposed Pad #2 is at the south western corner of the property and is
relatively flat and is oriented below the ridge. The existing access road
serving the properties up to the west (uphill) runs directly through this
area. Staff believes that the applicant could reroute the road slightly while
providing himself with an appropriate site to build a home. Proposed Pad
#2 sits at an approximate elevation of 750', which is approximately 23 feet
lower than the adjacent ridge. Staff believes the applicant could
successfully build a home at this site that conforms with the HPR zone.
A. 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.
V. CONCLUSION:
The applicant is searching for an appropriate site for development on his
hillside property. Staff does believe that the applicant can successfully
develop this site while remaining very sensitive towards visual impacts to
the City below. Staff has identified two options for development. Pad #1
is the easiest of all options, but it happens to fall on a ridge. While the
G`.Planning\Ryan S[rndell\Word Uata�.PP-07-12_CC_RPT doc
Staff Report
PP 07-12
June 26, 2008
Page 4 of 4
applicant believes this location could be developed in a manner consistent
with the goals and policies of the HPR zone, staff discourages
development on ridges. Pad #2 is an alternative that will be more costly to
develop, but which would provide the applicant with a viable building site
that would be designed to be lower than the adjacent ridge. This option
would require creating a new building pad and relocating the access road
to the area, but staff believes that a home constructed on this site would
be in keeping with the requirements of the HPR zone and would achieve
the General Plan goals of integrating architecture with the City's desert
setting and natural scenic resources.
Submitted By: Department Head:
Ryan Stendell Lauri Aylaian
Associate Planner Director, Community Development
Approval:
;;ITY CUU�'CIL ACTTON:
APPF��EIS D�NIED
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�ric�inal an� Fi 1� ��i` h City Cl�r};' � O��.l;.E
Carlos Ortega * By 1rLinute Motion, direct staff to explore all
City Manager alternatives available to the Applicant/Appellant for
development of Pad #1. 3-2 (Finerty, Benson NO)
G:�Planning�Ryan Stendell\Word Data�PP-07-12_CC_RPT.doc
CIrY Of Pfll (� QESERI
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PALM DESER'I',CALIFORNIA 922G0-257H
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in(o@palm-desen.org
CITY OF PALM DESERT
PUBLIC NOTICE
CASE NO. PP 07-12
NOTICE IS HEREBY GIVEN that the Palm Desert City Council will consider approval of
preliminary building sites 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. Property is
located west of the Palm Valley Storm Channel at 72-340 tlpper Way West (APN: 628-
130-008, David Nelson,Applicant).
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SAID review will be held on Thursday, June 26, 2008, at 4:00 p.m. in the City Council
Chamber at the Palm 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 conceming this notice shall be accepted up to the date of the
review. Information conceming 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 thrQugh Friday.
PUBLISH: Desert Sun RACHELLE KLASSEN, Secretary
June 13,2008 Palm Desert City Council
CITY Of Pfll �i DfSER1
73-5�0 FRED �VARING �RIVE
�•��". �. PALM DESERT, CALIFORNIA 92260-2578
TEL: �60 346-06>>
F�vc: 760 34i-7o98
Iinfo@palm-descrc.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: June 4, 2008
Mr. David Nelson
72-595 Beavertail Street
Palm Desert, California 92260
Re: Case No. PP 07-12
72-340 Upper Way West
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of June 3, 2008:
PLANNING COMMISSION, BY MINUTE MOTION, DIRECTED THE
APPLICANT TO PROCEED WITH PROPOSED PAD #2 PER THE
HILLSIDE PLANNED RESIDENTIAL ZONE SECTION 25.15.130
"OPTIONAL PRELIMINARY APPROVAL" AND ENCOURAGED THE
CITY AND STAFF TO CONTINUE WORKING ON TERMS AND
AGREEMENTS THAT ARE FAVORABLE, NOT JUST TO MR. NELSON,
BUT THE NEIGHBORS WHO ARE GOING TO BE EFFECTED BY THIS
POTENTIAL PAD SITE. MOTION CARRIED 3-1 (COMMISSIONER
CAMPBELL VOTED NO).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
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Public Works Department
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. � � APPLICATION TO APPE,,�I�,�� _� ��� ��: Q�
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���'�ION OF THE PL°���1�� �o�!'In'J r 5�10 �
(IVame of Oatecmining Sody)
Case No. �� � �7- � Z Date of Decision: �— 3 � a g
Name of Appellant ��}U i � �E'/Sc� Phone 7� o -��/- /vSZ.
Address 7 2 --sl-� 13Fau�ta:C. s� �A l:N► ��S �r��. C � .
Description of
Application or Matter Considered: ��Q��� �o�- /�Pd'1Zd v�r („ o� A G t
T�R4.L� ..+� �^f�^-'� �j✓�C D/N(,. S i rEs �[L A ��.�S/s7� j�(/a�N 4!)
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Reason for Appeal (attach additional sheets if necessary):
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^ Date Appeal Filed: �,��— �� Fee Received: �_� � �
Treasurer's Receipt No. �_�OZ Received by: , T_ �c'�--��_
Date of Consideration by City Council or City Official: ��.�
Action Taken:
Date:
Rachetle D. Ktassen, City Clerk
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MINUTES
PALM DESERT PLANNING COMMISSION JUNE 3. 2008
V. SUMMARY OF COUNCIL ACTION
Ms. Aylaian summarized pertinent actions from the Study Session where a
proposed community center and pool was discussed and from the
regularly scheduled May 22, 2008 City Council meeting.
VI. ORAL COMMUNICATIONS
None.
VII. CONSENT CALENDAR
None. :���
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VIII. PUBLIC HEARINGS �� � t�
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IX. MISCELLANEOUS � =��`
�'► A. Case No. PP 07- — D LS µ .;�,pplicant
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Request for appro pre i building site for a
Hii�side Planned R ntial property located at 73-340
Upper Way West (AP . 8-130-008).
Mr. Stendell explained that this i was continued from the May 20, 2008
agenda due to wanting ta give appropriate notification to the neighbors
'� suf�rof�ir�ding the project. He stated that the applicant, Mr. David Nelson,
was th�.�owner of a five-acre parcel along Upper Way West in the Hillside
Planned Residential zone. Historically, they've had many discussions
about propos�d alternatives for building sites for this five-acre parcel, and
this was a p��ticularly difficult case to locate a building site. The owner
purchased th��property in 2002 and immediately noticed that the proposed
patf area #'�";:shown on the map, was a fairly flat area and it looked like at
som�#tmB, irti the past someone might have done a little grading there,
probably prior to the city's incorporation, because it is extremely flat.
In 2007, the Ciry updated the Hillside Planned Residential zone. This
property falls on a ridge; there's a ridgeline that continues on down to the
bottom of the flats adjacent to the storm channel. The applicant has
always felt that he could possibly develop pad location #1 in a way that
would be consistent with Palm Desert's Hillside zone; however, staff was
always discouraging of developing on a hillside ridge. Sometimes the best
2
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PALM DESERT PLANNING COMMISSION JUNE 3� 2008
option was not to develop on the ridge at all. Staff had never been thrilled
about proposed pad location #1.
Mr. Stendell explained that the Hillside Planned Residential zone offers
applicants an "optional preliminary approval" section which basically states
that applicants may propose standards of development for the property,
including building site location, access roads and proposed densities. It
was a very preliminary discussion and that waS why it was under the
Miscellaneous section on the agenda. It was n�a public hearing; it was
not a vesting right to the property once this discussion was held, however,
it would give the applicant some certainty where the applicant could build
his house, because the current Hillsicle Planned Residential zone was
very strict and they wanted to make �� they were encrouraging people to
propose developments consistent witYi the zone.
Throughout the years, Mr. Ste�i�ell stated that he has been on the
property many times looking at m�n�pos�iale solutions. Using the grading
plan, he pointed out the ridge. The en�i�e property was very steep. The
north side looks down to the city and tFts� bulk was on that side. The other
was going in the southerly direction toward Stone Eagle and kind of up to
Cahuilla Hills in the County. He showed it on the,aerial map.
He also t the main road, Upper iNay West, and said that the
map p ed in Commission packets indicated that there could be a
pot K for a pa � a location back toward the southwestern corner of
the rry. Ag it was a very preliminary look. Staff identified it as a
possib ild' iven the context of the Hillside Planned
,,,R�si,�enti , he fou � ea to be most likely tagged for a potential
`?6u� site: = ould potentially impact the routing of the road; it could
. �:
��;����� poten���1���mp . everal things, but at this point, staff was charged with
����� the apprc�pc��te p to build the house and this exercise was more of a
:;�
, reaffirmatio� �hat t didn't want a house on the ridge and that the
`'°.applicant sF�ld explore ideas that would be in areas not visually
irr��acting ta tti� city below.
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When'tk���were talking about the least amount of impact, that was behind
the rid��� Whether or not the applicant could feasibly get the home in
there was still up in the air, but at this point, staff was saying it could
possibly be back there, and through this optional preliminary approval
section of the ordinance, that was where staff was recommending that the
applicant proceed and look at building the house in that location.
Mr. Stendell said he was happy to answer any questions and reiterated
that the staff recommendation was to basically reaffirm that proposed pad
location #1, while it might be the easiest option, was not suitable because
3
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PALM DESERT PLANNING COMMISSION JUNE 3. 2008
it was on a ridge and at this point staff was recommending that proposed
pad area #2 be the only location that staff would support as a proposed
building site. He noted that the applicant was also present if they had any
questions.
Commissioner Limont stated that she walked the property with Mr.
Stendell and it was exactly as he said. Proposed site #1 would be out
simply because it was right on top of the ridgelin� and was visible from
everywhere. Site #2 as you come down the e�bankment was steep, but
was feasible. They would have to move some �irt, but the Carvers moved
a fair amount of soil to build their home. Tha#was just a comment.
Commissioner Campbell asked for t '' a distance between the two roads,
since it was almost a triangular pattern and asked if there would be a road
in back of the house and whichever way he wanted to face: Mr. Stendell
said there were actually three roads right th�re; the third was kind of a
small little one that goes down to a that has nothing built on it.
Commissioner Campbell said they ��`V king about Pad #2, so the road
curves and then there was the other ros��'ight there. Mr. Stendell wasn't
sure what the distance was between the two roads.
Chairperson nner asked which road they were looking at to adjust, the
one to th to the south. Mr. Stendell answered that it was unclear
at this,: . This such a preliminary discussion and it would be up to
the ,, cant to d those things. They were just defining the area that
coul built o ' hairperson Tanner asked how much acreage there
was on it �R aid it is a five-acre parcel and he pointed out
the,boun n the i ap. There were two more parcels to the
,,;� east.�that g n to Calle De Los Campesinos, which runs along the
storm ch�c�nel:'�
,;
Commission�� Sch t noted there were block long rectangles on the
�=map and aske�i if they were five-acre parcels. Mr. Stendell said yes. She
r�ted above i�`�' to the north there were two parcels, 2.5 acres each. Mr.
Stehdell expi;�ined that the current standard, which had been the standard
for soit�� time, was five acres. There was no further subdivision, but what
had happened was there were several parcels split prior to the current
five-acre standard.
Commissioner Schmidt noted that she, too, had visited the area. For the
area to the east of proposed Pad #1 and the u-shaped area, she asked if
staff was saying it was unbuildable, very steep and unbuildable, and
lower. Mr. Stendell said that anytime they were talking about that area,
they were talking about being in the direct line-of-sight to the valley below,
and not to discount the people that live in the hillside, but if they were
4
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PALM DESERT PLANNING COMMISSION JUNE 3. 2008
talking about impacting the least amount of people possible, they didn't
want to put it over there and it probably wouldn't work because it was
extremely steep going down there.
Commissioner Schmidt asked about the elevation of the existing home on
the next parcel to the west and northwest corner. Mr. Stendell said that the
house seen on the aerial, if it was on the ridge, hile they could see it,
occasionally it was on the right side of the ridg ause from the valley
floor there were only a few specific location e you could really look
up and find it because it was on the side idge that was lower. He
thought there was probably a five foot ' n tween the two areas.
The existing house was a little bit low n Pad
t�,;�,
Chairperson Tanner noted that P ' was significantl r than Pad #1
because of the ridgeline. Mr. ell concu ed. He sai s also very
steep going down that way an';� uld be,:__"�� ry difficult p develop,
but it was possible. �`� a� °'
�� r,
��,.
Commissioner Limo for con� `_T ion that staff was asking the
Commission at this p or expl� n purposes on behalf of the
owner that this was th ea Id e � .age him to look into. Mr.
Stendell said that was rect•��:�' �'' ion`��t' as "optional preliminary
approval" wher� dealing w ��� �an i ng zone as these, and they
definitely wanted ta,get di n before spending the kind of money it
required to have the plans dr up for a submittal.
Chairperson Tanr�er asked for 'fication on the meeting procedure and
- de�erred to the City Attorney. Mr. Hargreaves noted that it was a non-
� hearli�.e item; technically anyone who wanted to address it should have
spoken up during Oral Communications, but that segment allows the
Planning �mmission to defer those comments to right now, so he
suggested ttt�t they invite anyone here who wished to address the item to
step up and be heard. Commissioner Schmidt asked if a motion was
needed. Mr. H�rgreaves said no.
Under tt1�-''circumstances, since this was a non-public hearing item,
Chairperson Tanner asked the applicant to come forward to discuss his
view of staff's discussion.
MR. DAVID NELSON, 72-595 Beavertail Street in Palm Desert,
stated that he was the owner of the property. When he purchased
this property with the intent to build in area called location #1, prior
to purchase, he met with Phil Drell, the Director of Planning at that
time, and he confirmed that site location was basically the most
suitable place to build. He also confirmed that it met all city zoning
5
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PALM DESERT PLANNING COMMISSION JUNE 3. 2008
ordinances at the time. As Ryan stated, since that time there had
been numerous down-zones which would not allow him, apparently,
to build on location #1.
It was his contention that under the new zoning ordinances, it had
left him with absolutely no feasible location to build. He requested
the City to identify all the site locations where he would be allowed
to build. The site location #2 was the only site location where they
said he can build. In his professional opinion and experience, site
location #2 was completely unfeasible antl¢unrealistic to build on.
First, the grade was too steep �t ifiis locatip�, Even if it could be
possible, it would result in huy.a"engineering costs, not to mention
the enormous scarring on. t�tie hillside that would be required.
Second, the road, under�round water main and overhead utility
lines would all have to b� relocated, again, at a huge expense.
Third, at this site #2, it has access a�id utility easements that all run
through it and because they were held by third parties, that required
either getting permission to abando or relocate these easements
from these third parties that he has n�control over.
As h ted to the Planning Commission prior to the down zoning
of rty, it was his contenti�n that with these new zoning
ance ere waS absolutely no feasible location for him to
ild and s #2 was absolutely no exception. He thanked them
d was a. ` ble for questions.
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��,,���� ,des , which on wanted to build on, and he was not
� ��. �
�\��,� �1�p�3�`�ith 2, Commissioner Campbell asked if there was any other
;, locatio��a his cre site.
����� �x.
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Mr. I�t�Json�` erated that under these new zoning ordinances,
�� there v�s no feasible place for him to build.
,:,, �.
' � .'°
Ch��ers�Q�e'�anner asked for any other testimony.
,;\,,;.
11�. MIKE MCCORMICK, 47500 McCormick Drive, informed
Commission that they've lived up the hill there for 30 years. He and
his wife have raised four children up there. Site #2 was absolutely
crazy, because if they looked at it, and they drove it, and the only
way it would work was to bring that road up on McCormick Drive,
which was his road. The way it has always been was they've
always had their privacy. They've lived up there all these years
because it was private. Now that they were making it a public road,
everyone coming up would see their house and they would also
6
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PALM DESERT PLANNING COMMISSION JUNE 3. 2008
see them and hear them. He didn't see how feasible this could be
for building.
Originally they had it on Pad #1, and he met with David many
times, and at first he didn't want someone to build up right behind
him, but he knew David would have built a home there that would
blend into the mountains and he would have built it so they didn't
see each other. That to him would be the spo�.
Proposed Pad #2 was absolutely cra2y, To him it would just ruin
what they've lived up there all these for. He was sure hardly anyone
at the meeting had been here 3Q years in the desert and that would
absolutely kill it.
Chairperson Tanner asked Ntc� McCormic�C if his home was on the
northeast or southwest side of Pad #1.
He pointed it out on the m�� and said it was at the end of the
wiggle road.
�,
Chairperson Tanner clarified that was the no�P ast.
Loaking at driving Upper Way West and where they proposed the
horrtie, Mr. M�Cormick said people would have to take Upper Way
West to his raad and continue it to go behind the proposed site. So
afl this traffie going up and down the hill would now be right next to
his house: Ther� were people who didn't even know he lived there,
-,--,, but now they woufct. They would see his house every day as they
;. '' �made'it'up to the top of McCormick Drive and around that corner,
��nst,;would now see his home.
Chairperson Tanner reiterated that Mr. McCormick's home was below the
turn.
Mr., I�cCormick said if they looked at Upper Way West and
elimir�ated it, there was a little tiny canyon and that would be the
on�y way to go around it. They would have to carve a road up into
his road and everyone now would be visible and he would see this
traffic all day long. They chose to live up there because of the
privacy and 30 years ago people thought he was absolutely crazy
for buying up there. But he knew what they had up there was
absolutely beautiful.
Notice-wise, he said that this was the first notice he had received.
He had probably only received one other notice in the last five
7
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PALM DESERT PLANNING COMMISSION JUNE 3. 2008
years and it was for a 20-acre parcel in the Cahuilla Hills area. If it
wasn't for one of his neighbors calling to see if he had gotten a
notice, he would never have known it was going on.
Commissioner Schmidt said she was assuming that the horseshoe-
shaped road was the road that goes to Mr. McCormick's home.
He said yes.
Commissioner Schmidt asked for clarificati it being his road.
Mr. McCormick said it was Mc ick Dri was I+sted through
the ciry and does go up to hi erty.
�' ,
Commissioner Schmidt noted,,;,, it was a p ivate road, owned by
Mr. Nelson. �_��
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Mr. McCormick oncurred. ���� ����
�--:�
There were no othe o s. Cha on Tanner asked for any
additional testimony.
.y;:. ,_
;
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, _
MR. BILL CARVER , at he " is wife Toni reside at 72275
Upper Wa}t West. id there was absolutely no reason the
Commission should b ; aring this whole problem, because it was
splved. They all had a '` that worked that they all agreed was a
perfiect site. But the Ci ouncil did not want to do a lot line
adjustment that would have made this site buildable; one that Mr.
f'�,elson showed them all, they all walked it, and it was a perfect site
at�id,all worked. All they had to do was a lot line adjustment to take
.. ,
the;.hjlltop property and make it part of the City property. He
expfa�rted that the Ciry owns a five-acre parcel that abuts this
propett� to the south. That is a piece of property he happens to
have at� easement across for the driveway that goes down to their
home� which is next to the canyon known as Ramon Creek. All the
City;had to do, which they did for another neighbor of theirs, was a
1qt'iine adjustment.
Mr. Stendell clarified that what Mr. Carver was explaining was that the City
owns an adjacent piece of property. The applicant proposed a lot line
adjustment, a trade of equal property, to essentially take the south
property line and turn it 90 degrees. Using the map, he showed the ridge
and the valley. He said the applicant proposed a lot line adjustment that
would allow him to build in the valley and that was not an option at this
point.
8
MINUTES
PALM DESERT PLANNING COMMISSION JUNE 3, 2008
Mr. Carver said that was his point. They had it worked out among
themselves up in the hills. First of all, they believed in the hillside
ordinance. It was an important part of where they live and they try
to have all their homes so they exceed those requirements, if at all
possible. But when Mr. Nelson came in and they had the closed
hearing to decide about transfers of property, for some reason the
City Council turned it down. He didn't know why, but it was a
perfect answer to all the things going ocrfc�day. Mr. Nelson was now
stuck with the problem of having to find that the City had given him
no other alternatives but to say that the C� had now down-zoned
the property to a point that he should have to take it through some
kind of a legal solution. The�'didn't need that kind of thing. There
were ways this could be done and they were just cr�.zy if they didn't
try to work them out. -�"
Commissioner Schmidt asked how I�n�,ag�� it was that the Ciry denied
what was being proposed. ����
Mr. Carver said less t[tan six months. He said he felt very sorry for
Mr. Nelson. Mr. Carver's lot was 7.�`acres of property and they
could ' et to it unless the�bought an easement from the property
o as adjacent ta them; because Upper Way West did not
clo their lot. So they bought an easement from that
operty o , who subsequently sold that five-acre parcel to the
. He c 'ust imagine saying to the City Manager to tell the
cil '�' d to buy a $15,000 easement across the
��� � Ci � � ' erty so get to his. He would have been thrown
.�; ��� ���;,.
, � t o e so quickly because they own the property. With the City
� `� ���ng roperry, it seemed they were unwilling to try and work
" ����,, w i t��n y o t h e r e. T h e s e w e r e t h e o l d g o v e r n m e n t f i v e-a c r e
�� parc�ei�that e the 30-foot easement around all of the four sides
�� of it, v��ch was supposed to be where the roads are, and none of
.��
�� them,v�t�re there. So they were all kind of loose up there. They have
,
��;�; eas��li�nts, and right by prescriptions, and all kinds of different
<�things that happen up there that are not standard to the rest of
�aim Desert.
MRS. SUZANNE MCCORMICK, 47500 McCormick Drive, stated
that in the past several years, the traffic has considerably
increased. Another home was built and another that had a part-time
resident became a full time. Children grew up and they have more
drivers going up and down Upper Way West. She was a victim of a
head-on accident on Upper Way West. It's a single-lane road and
9
. MINUTES
PALM DESERT PLANNING COMMISSION JUNE 3� 2008
to make this change would make it worse. She would even like to
see about making it a two-lane road.
Chairperson Tanner noted that it was said that six months ago Council
went into closed session regarding a lot line change. He asked if staff
could tell the Commission a little about the reason behind that, or if that
was something they could do. Ms. Aylaian explained that anytime
someone brings forth a proposal to buy or spl! �operty or that would
involve a change of property rights for City properry, it was discussed in
closed session and was covered by the Brovutt Act when discussing terms
and conditions. The discussions were not rtnade public and were not part
of the public record and were not available. � :
�
With the suggested lot line chan��, Chairperson Tanner asked if City
property was associated with the. �ot line change. Mr. Stendell answered
yes. Chairperson Tanner reiter�ted that it didaffect Mr. Nelson's and Palm
Desert's properties. Mr. Stendell stat�d th - was a proposal for an equal
amount of land to be ap. °�
Chairperson Tanner a mission cc�mments and suggestions.
�
Commissioner Limont i ate was preliminary as far as
guidance g��s. Mc. Sten rre . aid this did not vest for the
property owner and did no the City into a corner where they had to
say yes to this site.'He con d that it was the first step. Ms. Aylaian
clarified that it did provide som otection to the properry owner, so that if
they appr�ved one sit�'or anoth� when the property owner goes back to
Ar�hitectural Review and Planrting Commission, they could not then say it
sho+��;�e put somewhere else.
With that understanding, Commissioner Limont said that when she looked
at this and t�vhere they were supposed to go and make a decision, her
thought was �hey couldn't possibly approve or tell Mr. Nelson to go out
and start looking at site #1; it wouldn't work with the ordinances or
ar�yEhing alset That was a dead-end street. If they were looking at the two
propoSed �`rtes, she wasn't saying it was desirable or anything else, but of
the twa�;.kit#2 was the one to look at.
Commissioner Campbell noted that Mr. Nelson had owned this property
since 2002. Mr. McCormick built his home there and has had his property
there for all this length of time and he was able to build. Just because Mr.
Nelson was not able to build at the time and he decided to do it now, and
the ordinance was changed nine months ago, she didn't think he should
be chastised for not being able to build where he wanted to build. The
ordinance was just changed six months ago and she thought the City
10
MINUTES
PALM DESERT PLANNING COMMISSION JUNE 3� 2008
should go ahead and make some kind of adjustment on the property they
own so Mr. Nelson could build the home of his dreams where he wanted
to. She was suggesting that Mr. Nelson should stay with whatever he
wanted, Pad #1.
Mr. Stendell stated that Pad #1 was a separate pad that didn't involve the
property transaction with the City. That was pad 3 and wasn't even an
option at this point, as described by Ms. Aylaia missioner Campbell
felt they should then find another pad tha ' re suitable, but if Mr.
Nelson's not happy with Pad #2, and Mr. ick said it was not really
buildable, so if Pad #1 was not suitable a was not suitable, then
Mr. Nelson should have an option to e anoth ' e.
R�S
Chairperson Tanner asked if th ': s a suggestion t ould make at
this point. Mr. Stendell stated � w� ' e was no repared to mmend any
other sites. It was hard enou look �T e site and find two
because it was so steep. All sta -�_ , to recommend as far as an
appropriate location w Pad #2. �:�!;�
��
Commissioner Camp out tha�� ,,�� had Mr. Carver there, Mr.
McCormick living ther II t i hbo , ere, and they know the
ground, the mountains hill w`� d probably be a help for
staff to help Mr. Nelson fin loca
;
Commissioner Schmidt ask' „ bout the date of the aerial photo. Mr.
Stendell thought they were up d in 2007, but didn't know what month.
He though# it was less than a'' ar. Commissioner Schmidt noted that
the�e were four dwellings within that area. Mr. Stendell said there were
'foui�i�t the immediate area, as well as a fifth and maybe a sixth above that
one; na��rtany.
Not knowir� why the City Council chose not to swap properties, which
would be ve�helpful, Commissioner Schmidt was not about to break the
la�nr, the ordinemce of the City, by granting Pad #1. She was not inclined to
do�that. Wh2t�'`was before them was to adopt the recommendation of the
staff�fi4�r, th� proposed Pad #2 and encourage that one progress. She
wasn'f��'all swayed by a private road that ultimately was going to have to
be straightened, widened or fixed in some way. She really felt they should
accept staff's recommendation and encourage everyone to work toward
Pad #2 and see what could come of it.
Chairperson Tanner could feel Mr. Nelson's pain; he bought the property
in 2002, and not knowing the circumstances why he didn't elect to build
when the opportunity was there on Pad #1, he wasn't looking toward that,
he was just saying that in a period of time, a quite excessive period of
11
' MINUTES
PALM DESERT PLANNING COMMISSION JUNE 3. 2008
time, the ordinance changed and eliminated Pad #1 from building. Pad #2
as he heard from the testimony, was unacceptable also, as far as they
were concerned unless there was a way to mitigate and change some of
the things that were going to be necessary to build on Pad #2. He couldn't
make judgment, because they didn't know the facts on why the City didn't
exchange land with Mr. Nelson, and they had been asked to make an
optional preliminary approval on pad site #2.
Action: ,
Chairperson Tanner said he had not heard a motion, but he would make
the motion that with the encouragement of fhe City and staff to come to
terms and agreements that are favorabfe, not just to Mr. Nelson but the
neighbors that are going to be aff `tlte3d by this potential pad site, and
thaYs what they were being asked„`� do. In all fairness to Mr. Nelson and
the neighbors, again, staff needed to work with Mr. Nelson and also the
neighbors to make this an acceptable pad sitt�, if it could be built upon at
all. Commissioner Limont seconded the mo�ion.
�� r
Commissioner Campt�sl! asked for cla��tion that they were saying that
they should go ahead and tal�e staff's recotnmendation for proposed site
#2. Chairperson Tanner said ye�, with confutued efforts by Ciry and staff
to make this ive-acre parcel that would be ��ceptable for Mr. Nelson to
build on the neighbor�.��CommiSsioner Campbell clarified that
they w Iking ut Pad #2, and not asking them for other changes or
to for som ng else. Chairperson Tanner said that was correct.
.�
;'���
There l n � 'on and Chairperson Tanner called for the
vc��� Moti ed 3-1 ' missioner Campbell voting no.
` �� .
;�,.: �� :�,�;���� �
��" B [���us of Summer Meeting Schedule
�� .;�
; ;;, Comtxi�ssion ' d staff discussed the summer meeting schedule. It
was ar��ounced that there wouldn't be a meeting on June 17 due to
a lackt �f agenda items. It was also determined that there was no
����. quott,�t�i\ for the August 19, 2008 meeting. The next meeting would
„b�},��aly 1, 2008.
:,,,,
Action:
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
B. LANDSCAPE COMMITTEE
C. PROJECT AREA 4 COMMITTEE
12
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