Loading...
HomeMy WebLinkAboutTR 31071 - Rilington Communities - C of O CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Allow the issuance of a Certificate of Occupancy for Lots 124, 125 and 126 at Dolce Tract 31071 without the completion of offsite and onsite improvements approved with the project. SUBMITTED BY: Tony Bagato ��'�Y COUNCZL ACTIOIv: Principal Planner �'s���'RovED DENIED �` f;��EIVED OTHER APPLICANT: Rilington Communities �-�-� w��� ; .��,���Tc� ��.T�—_1l12y_.s��_�� 30-885 Date Palm Drive ;��;y Cathedral City, CA 92234 �r,r;;�� ,:R�p�...�'.��1Y e ...�r. CASE NO: TR 31071 ..'w'TAiN: "��I�'I�13 P�Y.': DATE: November 20, 2008 ._." �,,,, ,-•,-� �^; �sry r,.r. h �'ity Clerk' s OffiCF CONTENTS: Staff Report Rilington Letters, dated October 30, 2008 and November 6, 2008 Recommendation: That the City Council deny the request, and require the applicant to install certain improvements included in the approved project before a Certificate of Occupancy is issued for the Lots 124, 125, and 126 at Dolce Tract 31071. Executive Summary: Approval of staff's recommendation will require the applicant to: install all perimeter landscaping on Gerald Ford Drive, Gateway Avenue and Dolce Avenue; complete the recreation building and pool; and install interior landscaping in the common area. Discussion: On October 28, 2004, the City Council approved Tentative Tract map 31071 for a 159- lot subdivision known as Dolce. The Dolce community is located on the north side of Gerald Ford Drive, east of Gateway Avenue. As part of the approval, the applicant, Rilington Communities, was required to construct offsite and onsite improvements. When housing communities such as Dolce are under construction, the model homes Staff Report Case No. TT 31071 November 20, 2008 Page 2 of 3 are held until the very end of the project before a Certificate of Occupancy is issued and the models are sold. The model homes are only released when all improvements are complete and all City Departments have deemed the project complete. Currently, Rilington Communities has built 25 homes that have been sold or are currently vacant and four model homes, leaving 139 vacant lots. Due to the downturn in the residential real estate market, no new homes are being built and certain improvements have not been completed. These improvements consist of the entire perimeter landscaping on Gerald Ford Drive, Gateway Avenue and Dolce Avenue, the recreation area and pool, and interior landscaping in the common area (see exhibit attached). Due to the downturn in the residential real estate market, the applicant has a forbearance agreement with the bank requiring them to sell and close escrow on three model homes (Lots 124, 125, and 126) before December 31, 2008. The applicant has met with staff to request the issuance of the Certificates of Occupancy for the three model homes without the completion of the perimeter landscaping, recreation area and pool, and interior landscaping in the common area. Staff does not support the applicant's request and believes that the outstanding improvements need to be complete before the Certificate of Occupancy is issued for the model homes. Staff has several concerns with releasing the model homes without completion of the amenities and public improvements. In regards to the landscaping, staff believes that these major roads will be a visual blight as well as a public nuisance. Without the landscaping, Gerald Ford Drive, Gateway Avenue and Dolce Avenue planter areas consist of only sand in front of long 6-foot high block walls, creating a barren blighted appearance. In addition, without landscaping, the sand will be subject to high winds creating air quality issues and potential violations of the United States Environmental Protection Agency's standards for Particulate Matter-10 (PM-10). In regards to the recreation center and pool, staff recommends that this be completed because the incomplete pool presents public safety and nuisance concerns, and the incomplete recreation center creates an unpleasant environment for the existing home owners within Dolce. The pool is approximately 90% complete, only needing to be plastered and filled with water. If the pool remains incomplete, it creates a potential safety hazard for an exposed opening that someone may fall into. In addition, the pool is currently filling up with blow sand and will continue to fill up with blow sand along with any rain water over time. The recreation building is currently closed and staff has received complaints from current homeowners that they cannot use the amenities that were part of the reason they purchased the home in the development. Staff Report Case No. TT 31071 November 20, 2008 Page 3 of 3 The applicant is requesting that the City Council allow the issuance of the Certificate of Occupancy permits for three model homes without the completion of the improvements addressed in this staff report. Staff recommends that this request be denied. Submitted by: Department Head: �-- Tony Bagato Lauri Aylaian Principal Planner Director of Community Development Approval: Homer Croy ACM for Deve p ent Services � Carlos L. Ort a City Manager _ _ _ _ _ _ _. _ _ _ i ' RILINGTON ' C O M M U N I T I E 5 i October 30, 2008 �I City of Palm Desert Planning Department Landscape Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: TRACT 31071-D4LCE Dear Spencer, We are requesting that lots 124, 125 and 126 at Dolce Tract 31071 be approved for Final Inspection and Occupa�icy. Our forbearance agreement with the bank requires us to sell and close these three homes before December 31, 2008. If we do not sell these homes as per the executed agreement the bank will assume control of the homes and the balance of the lots. As you know the banks are not maintaining the sites to any level of satisfaction, including landscape, gates,trash,vandalism etc. While we struggle as a local homebuilder we have been able to maintain the Dolce site, keeping trash and weeds down, paying for landscape maintenance, keeping the inventory and model homes clean, lighted aiid alarmed. We have maintained the front entry and keep up with the PM-10 requirements. We are not however in a position to complete any major site improvements. At this time our goal is to maintain and hibernate the site until we can start construction again. This approach is as.much a function of the banks ability to loan money as it is of the overall housing economy. We understand the position of the city and want to continue to do everything we can to make Palm Desert and Dolce the place to live in the Valley. We ask for your immediate assistance in this matter so that we can put homeowiiers at Dolce and not allow the bank to manage the homes and site. Sincerely, ! Wesley Ahlgr Lot 124 35-414 Sereno Lane Lot 125 35-428 Sereno Lane Lot 126 35-442 Sereno Lane ___.._.....__.._.._-__----.__..._.....______..__....�_�__...__-------.._._._._._____�__---___—._-----.—.__....__.._...___.....�—..�__..__......_. ._...............---._ _............____ .. .. 30-885 Date Palm Drive,Cathedral City;California 92234•Tel 760.328.0402 • Fax 7G0.328.0172 •www.rilinaton.com � RILINGTO� C C M hl U N i 7 E E 5 i i November 6,2008 CITY OF PALM DESERT Ms. Lauri Aylaian, Director of Community Development �I 73-510 Fred Waring Drive Palm Desert,CA 92260 Re: Rilington Dolce Project(TR 31071) Occupancy permits for model/tomes on lots 124, 125 and 126 Dear Ms.Aylaian: We are writing to request relief from the City Council by allowing the issuance of occupancy permits for three rnodel homes in the "Dolce: Community,. This accompanies our prior letter to Spencer Knight sent on October 30,2008 (attached). Everyone knows from their personal experience that the current economy is unlike anything we have seen before. Businesses are no exception, especially those in the homebuilding industry. We are a small, family owned company struggling to stay afloat. After moving ouc entire company to the desert with a st�ff of 45,we have had to lay off all but the immediate family. Our primary goal right now is to stay in business so we can continue paying our debts, avoid bank ' foreclosures on our projects,maintain our half-built communities in a clean condition and try to be around when the market returns to make good on our commitinent to finish what we started. In today's econotny, we make no profit on the sale of an existing home but each sale takes one more liability off our books, strenb hens our relationship with our lender and transfers ownership of the home to someone capable of paying for and maintaining it for the long term. � In this regard, we are asking the City to issue occupancy permits for thcee ��Zodel homes that are pending sale and that the following improvements identified by the City Inspector be deferred: ]. Exterior streetscape improvements on Gerald Ford Drive. Gatewav Avenue and Dolce Avenue In normal times, we would have had funding through sales oc loans to complete the exterior streetscape improvements by now. However, because the bank will not issue a loan and we have no other funding source,we are unable to complete these improvements. [f this is required before a C.O. is issued,sale ofthe homes will fall through. 2. Complete the Community Pool The community recreation center, pool and spa are 90% complete(pool and spa�ieed plaster and water to complete). However, the Homeowners Association voted to defer their completion because they did not want to take over maintenance of these facilities until more homes had been built to share the costs. 30-885 Date Palm Dri��e,Cathed�•al City,CA 92234 (760)328-0402 (PH) $ (760)328-0172(PAX) $ rilin�,�ton.com � Ms. Lauri Aylaian, Pla�ning Direcctor City of Palm Desert � November 6, 2008 _ " Page 2 3. Removal of Temporary Power Temporary power has been removed. 4. Removal of Model Home Parking Lot The model l�ome parking lot exists on its own lot that will be retained by tl�e developer. It will be maintained as a parking lot for future use once the market returns and sales begin again. We urgently need the City's help on this and would respectfully ask that the City Council allow the issuance of occupancy permits for these homes so they can be sold. iSincerely, � RILINGTON UN 'FI-� I _ Mickie Riley, President 30-88� Date Palm Drive, Cathedt�al City, CA 922�4 (760)328-0402 (PN} $ (760)328-4172 (FAX) $ rilin��ton.com DOLCE COMMLTNITY ' xomes pending sale (lots �24, 125, 1z6) � Model parking Request fOY' Occupancy Permits Recreation area (90% complete) � Perimeter landscaping for deferral Rilington Communities Interior landscaping SCALE 1"=200' CORTESIA WAY (PUBLIC STREET) LOT "L" DOLCE AVENUE (PUBLIC STREET) LOT "M" __ .__ ,.__ , ,_.__ ;-- -_ ,___ -� ; ; ; � �� l: .� : ; : . : � s , ..� . ; ... ... . '.i � i� I � ���. ''�., i , LOT "H" C�4A 3TF�F� 56' R.O.W. __ 1---� _ , ;_ _ , j � � _ - � ,_ o � ` ' � _ � _ - J ; o t � � � � �- �� � � 3 i— o _ _�� _ __ w_ cn ._ � . , � � _ � � i � ` m � _ _ � _ Q : � _ ' � ' S6' R.O.W. _ .� , , � . , � m -� � � - � ._ _ _ � LOT "��� VBIANA PLA � � �, ; ,. . � W O � = LOT i'D� o � �"4� f � C o � }_ � �� � o � �r, �, � ��r� :_. � J � � �s ._____ :,. � ; � .. ...._ _ :. .... � :: .. ... � _ . � _ CiR�4A�fA DiF��VE LOT "K" 56' R.O.W. � �� 4 � r^ i V .._ _.� � ��. ' .. � ' O ... ..... . .... . • � �- � E � ��`� N _y�5 , , . � � . � _ . � � .M . ; � _ . � , ; ; LOT "F" ��� 56' R.�O.W. ! � �� � ; , , � , � E � � ! �� _ _ : . c � _ . GERALD FORD DRIVE (PUBLIC STREET) LOT 'A"