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Home My WebLink AboutInfo Item - Villa Portofino - Illegal Pad Heights & Garden Block CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: INFORMATIONAL REPORT PERTAINING TO ILLEGAL PAD HEIGHTS AND CONDITION OF A GARDEN BLOCK AT THE VILLA PORTOFINO DEVELOPMENT SUBMITTED BY: Kevin Swartz, Assistant Planner DATE: November 18, 2010 CONTENTS: Site Plan Memo addressed to Russell Grance, Director of Building & Safety, dated November 2, 2010 Executive Summary This staff report provides information to the City Council on a subject that was raised by members of Casablanca and Silver Sands Racquet Club regarding issues at the Villa Portofino development at the 21 October 2010 City Council meeting. Backqround On February 25, 1999, the City Council approved Ordinance No. 907 and a Senior Housing Development Agreement between the City of Palm Desert and Royce International Investments Company for a Health and Wellness Resort known as Villa Portofino, located on a 75-acre property on the southwest corner of Country Club Drive and Portola Avenue. The Development Agreement was approved along with: a General Plan Amendment adding a Senior Overlay; a Change of Zone adding a Senior Overlay designation;and Precise Plan 98-21 for a 161 bed skilled nursing facility, 150 bed assisted living facility, 288 villa units and 182 casita units. [GPA 98-6, C/Z 98-7, and Precise Plan 98-21] In 2005, a precise grading plan was approved for Phase 2, located on the southern most part of the parcel, abutting the Casablanca residential development. Approval of the precise grading plan for Phase 2 was granted in 2005,then rescinded in 2008 when discrepancies between the pad elevations shown on the precise grading plan and the mass grading plan were discovered. (The proposed pad elevations, ranging from 219.2'to 222.6',were much higher than the original mass rough grading plan elevations (ranging from 214' to 216') approved in 2000.) After the 2005 approval, Royce International installed sewer and water lines and graded the pads without permits. Because of the failure to obtain permits,the work is considered to have been performed illegally, and thereby causing a revocation of that approval. Additionally,the higher elevation of the pads causes a problematic transition from Villa Portofino to Casablanca, because the windows of the former would give views directly down into the windows of the latter. Staff Report Villa Portofino Page 2 of 2 November 18, 2010 Discussion At the Oetober 28, 2010, City Council meeting a number of residents from Casablanca and Silver Sands Racquet Club expressed concern to the Council regarding Villa Portofino. Specifically, they were concerned about illegally constructed building pads located on the southern most part of the parcel, and the condition of the garden block wall between Villa Portofino and Casablanca. The Code Compliance team has worked closely with the property owners to clean up the undeveloped lots. As a result the vacant lots at Villa Portofino have been scrubbed clean of tumbleweeds, dead shrubs, and vegetation. The entire site has been stabilized so that blowing sand should not be a problem in the future. On November 2, 2010, a Building & Safety inspector inspected the garden block wall between Villa Portofino and Casablanca.The inspector found no evidence that the garden block wall has been compromised by the retention of the +/- 9 to 12 inches of fill (on average) from the Villa Portofino grade. In the event that the current or future property owner(s) propose to add on to or modify the block wall in the future,the structural integrity of the wall will be reviewed to ascertain its ability to accommodate such a revision. The second issue regarding pad height elevations is being reviewed by the City Attorney. The City Attorney is preparing a document to record against the property that will require that the illegally-graded pads be removed before the property is sold or changes hands.The unpermitted grading will have to be corrected before structures are constructed thereon. Submitted by: Reviewed by: ,r._-_ � ___-�.� �..,.. v,._..-� � .. _��-_-----�--'�"� -� �--��- Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development CITY COUNCILACTIC)N APYY20VED ✓ _ ��nr�„�,'?4'��,�.____�..._.____._ Approved by: RCCEIVED t�+��C��1�_--_..__. __._ ____ � 1 MEETING DATE _If- �-�2GlC� �—___._. .___.,.__ ____. �� AYES: � . � -�- � � r� � -�. ._� � ____. _._ NOES: J\l,�n� �� ieC ��1�1��-'t�:�-�- n M. Wohlmuth ABSENT: N�n� `�� "-" __._.____.__ ' y Manager AI3STAIN: � VERIFIED BY: )K —._.---__._ Origina!on File with City Gerk's Officc � �. C:\Documents and Settings\tbecker\Local Settings\Temporary Internet Files\Content.0utlook\QY04JGOX\informational report.doc ��'� CITY OF PALM DESERT � � BUILDING & SAFETY DEPARTMENT INTEROFFICE MEMORANDUM To: Russell Grance, Director of Building & Safety From: Daniel P. Crawford Jr., Building Inspector II Date: November 2, 2010 Subject: Villa Portofino — Silver Sands Racquet Club inquiry Russell, I visited the Villa Portofino project yesterday afternoon as directed to evaluate and report field observations addressing the concerns of the Silver Sands Racquet Club inquiry. The following observations and pictures (attached) are forwarded: 1. The vacant lots @ Villa Portofino have been scrubbed clean of tumbleweeds and dead shrubs. 2. Tumbleweed & dead shrub debris residue from the lot scrubbing has accumulated in the retention basin between the lots and garden block walls. 3. The PM10 sealant in place has been compromised by the heavy equipment used to scrub lots. The compromised sealant will not prevent blowing sand nuisances. 4. Villa Portofino top of pad elevations appear to be equal to or less than the top of existing garden block wall elevations. (Note: +/- 20' set back between lot &walls) 5. No evidence of garden block wall compromise due to the retention of +/- 9 to 12 inches of fill (on average) from the Villa Portofino grade was found. (Please refer to the site map sampling grades on both side of the garden block wall.) 6. Garden block wall cracks observed in three locations may be attributed to the heavy equipment used within close proximity of the existing walls while scrubbing and removing desert shrubs. In summary sand and desert shrub debris nuisance from the Villa Portofino pad elevations with compromised PM10 sealant are valid. Approved pad elevations may be differed to the Public Works Department to determine compliance concerns. There was no evidence of garden block wall compromise due to the retention of +/- 9 to 12 inches of fill on garden block wall. An evaluation by a certified engineer may be warranted. Respectfully, Daniel P. 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