HomeMy WebLinkAbout2-A Public CommentAnthony Mejia
From: Denise Janssen Eager <djansseneager@gmail.com>
Sent: Thursday, September 30, 2021 4:1 S PM
To: City Clerk
Subject: Public Comment - Item 2A Serena Park Project
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear City Council Members,
My name is Denise Janssen Eager & I live in Palm Springs Country Club, Phase 1. Please vote yes to approve Serena Park
Project's extended development agreement which includes all the Planning Commission's conditions as expressed on
page 6 of Serena Park Development Agreement Amendment.
As someone who has lived alongside Serena Park Project since Somis Investments president Eric Taylor first
approached the city of Palm Springs about building on the former golf course, I am in agreement with the
unanimous decision by the Planning Commission of having no faith that he has any intention of following
through on completing this project. He has promised us many things, but has not followed through.
It has only been through repeated phone calls to Mr. Taylor, members of our 5 HOA boards, code compliance, fire
department, police department, Flinn Fagg, David Newell, yourselves, & City Council members, that we have been able
to force Mr. Taylor to take action to remediate the blight that continues to negatively impact our lives. After 5 years, he
still has yet to take action on keeping the front gates permanently closed or attempting to close the walkthrough
entrance next to the gate, which allows people to walk & ride their motorcycles onto the property.
A few of the issues that have happened in the past 5 years:
- there have been multiple small fires started on the property
- cement rocks thrown through people's windows in Alexander Estates II
- ATVs, motorcycles, & dune buggies racing throughout the property
- large trash & items dumped on the property, including equipment that police said could be part of a portable meth lab
- vandalism of tires
If he was a man of his word, he would have voluntarily fixed many of the items that were brought to the
Planning Commission's attention on September 1, 2021. He has not.
Today, September 30, 1 returned to Palm Springs today after several months away & drove past Serena Park
at the intersection of Verona Road & Whitewater Club Drive. Not surprisingly, the walk through entrance is still
completely open and the wooden wall to the left of the gate has been torn down allowing people to walk
through. These are photos I took at 3:07pm
Fob I %- c (-D"AW to
l'TFM NO. 2 H
The front gate of Serena Park Project, which people have repeatedly broken through.
To the left of the gate is a completely open walk through, which he has never attempted to close & lock.
The wooden wall that Eric Taylor was required to repair due to repeated code violations.
A close up of the wall, which Mr. Taylor has taken no action to repair.
Easy to walk through.
We in Palm Springs Country Club are tired of Somis Investments & Mr. Taylor being an absentee landlord. Please vote
yes to approve Serena Park Project's extended development agreement which includes all the Planning Commission's
conditions. If you remove any of them, then do not vote yes.
Sincerely,
Denise Janssen Eager
Palm Springs Country Club
2527 N. Whitewater Club Drive, Unit D
Palm Springs, CA 92262
Serena Park
September 29, 2021
TO: City of Palm Springs City Council, Planning Commission, and Staff
RE: False claims by City of Maintenance dereliction at former Palm Springs Country Club
Dear Councilmembers, Commissioners, and Staff:
Included in the attachments here are proof of our continual maintenance of the site at 2500 N.
Whitewater Club Dr. During the Planning Commission hearing on September 1, 2021, several
times false information regarding claims of derelict maintenance were made about this site, and
recommendations were made by the Commissioners based on those false claims. To date, we
have spent $460,000+ dollars in site maintenance, as the supporting documents will show. This
number does not include the cost of equipment rental, fence rental, fence purchase, repeated
repairs to the fence and more, which are upwards of $40,000.00. Also not included here are the
various texts and emails over the course of 10 years from neighbors requesting help and our
coordination with them to correct issues that before our ownership would never have been
handled. Also Not included here are copies of the bankers boxes full of unopened and unpaid
code enforcement fines we inherited from the previous owner.
Please note, that in addition to what work has already been done, we are in the middle of a
large tamarisk tree removal project, more than 1000 linear feet of trees being uprooted along
the North border of the property, well before our promised removal in Phase 4 of the
construction to come. This work is estimated at an additional $250,000. These efforts should be
on record with the city. We should not have to bear the repercussions of the misinformation
propagated at the last Planning Commission hearing that we haven't regularly maintained the
property. The proof is in this package. False claims about our project and its management are
unnecessary and do damage to the future rehabilitation effort at our site.
Sincerely,
Matthew Haverim
Serena Park
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Anthony Mejia
From: Jerry Alcorn <alcornadaptive@gmail.com>
Sent: Thursday, September 30, 2021 12:51 PM
To: City Clerk
Subject: Letter of concern to planning commission
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open
attachments unless you are sure the content is safe.
Hello planning commission let me introduce myself first off by saying hi my name is Jerry Alcorn I'm a local
resident of 30+ years business owner home owner and also the chairman of our parks and recreation
commission
The reason I'm writing this letter is of concern for a new development that is planning on going into the old
white water country club 400 home plus development with no real plan for traffic other than going down white
water club and exiting into my current neighborhood the reason I am writing this letter is because that exact
reason I feel the developer needs to add its own or a third entrance to the community by allowing over 400
homes to be built in an already established neighborhood with no plan for the extra surge of traffic it's going to
create complete chaos Myself and my family rides our bike's in this neighborhood and we walk it almost
nightly with our animals and without having the extra entrance or exit strategy it is a recipe for disaster I know
the benefits of having new developments and the finances to come in is a great benefit for the community and
the city in general but are already established residence and community at surrounding that development need to
be heard as well Other than that concern my other concern is the current owner of the property/developer in
November will be in the default $3 million towards the money he should be paying towards the city for just
general improvements when you're a developer in the state I do not want this development to become another
stalled out construction project we have so many here in Palm Springs at the current time once again this is
affecting me directly because this is in my backyard I want to finish off by saying thank you very much to the
whole commission for your time and effort I hope this letter finds the correct people with the right intent Once
again from a resident in the GENE AUTRY neighborhood I am very concerned about adding andI am very
concerned about adding 400+ homes and only two already existing entrances and exits into this neighborhood
Best regards Jerry Alcorn "Making a difference in the community one person at a time, not just for show"
9[3u)2vzf
1 G Comyv
rrEM No. 2- %ik-
Anthony Mejia
To: City of Palm Springs
Subject: RE: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs
From: City of Palm Springs <palmspringsca@enotify.visioninternet.com>
Sent: Thursday, September 30, 2021 10:56 AM
To: City Clerk <CityClerk@palmspringsca.gov>; Anthony Mejia <Anthony.Mejia@palmspringsca.gov>
Subject: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs
Full Name/Nombre
Lisa Ireland
City of Residence/Ciudad de residencia
Rancho Mirage,
Phone (optional) /Telefono (opcional)
Email (optional/opcional)
Iisairish05@gmail.com
Your Comments/Sus comentarios
Having been a home owner and resident in Palm Springs many years beginning in 2005, 1 was thrilled this year when the Desert
Community Composting Coalition was founded with a goal to initiate community composting and was approved for a grant from
CalRecycle and CA Alliance for Community Composting. The benefits of compositing are numerous but top priorities for the
community include providing improvements in soil quality and producing less waste for the community as a whole. Palm Springs has
experienced significant growth which only increased with the pandemic. A solution for a fully organic fertilizer is a win win for the
City, restaurant owners and residents alike. Community Composting supports the community through engagement, education and
participation. Please consider this incredible public interest. I ask for the support of Palm Springs City officials. Thank you, Sincerely
Lisa Ireland
Thank you,
City of Palm Springs
This is an automated message generated by Granicus. Please do not reply directly to this email.
6)13QIZo2
P116,�� t i L cove
ITEM NO. 2' -
Anthony Mejia
From: renee saunders <cabobob1 @hotmail.com>
Sent: Thursday, September 30, 2021 9:45 AM
To: City Clerk
Cc: Grace Garner; Dennis Woods; Christy Holstege; Geoff Kors; Lisa Middleton
Subject: Serena Park Project
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Good Morning Council Members,
We are residents on E. Verona Road. The proposed Serena Park project has been a long drawn out situation.
The developer has ignored the conditions of the property and done virtually nothing since it's approval.
Now that they are asking for considerations and extensions, we as residents would like our quality of life to be
taken into consideration as well. Upkeep of the property must be enforced! Especially, if the city grants an
extension of the payment that the developer has never wanted to pay on the due date established.
Furthermore, we would IMPLORE the Council to insist on a third entry/exit point for the development. With
existing Whitewater condos and a second development ( Casa Verona ) having access, the Verona
Road/Whitewater entry will be severely impacted.
It seems only fair to more equally distribute the traffic to include a third option. It has always amazed us that
the Francis / Farrell exit has not been put into play.
Thank you in advance for your consideration of the existing neighbors as you move forward on this proposed
development.
Sincerely,
Robert and Renee Saunders
E. Verona Road
No i G I;,Oww"
ITEh4 NO. 2
Anthony Mejia
From: Jim Bruce <jrbrucejr@hotmail.com>
Sent: Wednesday, September 29, 2021 4:58 PM
To: City Clerk
Subject: Serena Park Development Public Comments
Importance: High
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Thank you for reading my comments regarding the proposed Serena Park
Development.
My name is Jim Bruce. Even in the relatively short time, over 6 years now, my
husband and I have owned our home and been full time residents in the Gene Autry
Neighborhood, we have witnessed a significant increase in cut -through traffic on
our residential streets.
I am writing to the Council to express my deep concerns about Serena Park, as
currently planned, with only two entry / exits. The main point of access at the
intersection of E Verona Rd and N Whitewater Club Dr directs the majority of the
Serena Park related traffic, from both construction and eventually residents plus the
existing Palm Springs Country Club Condos, directly onto the already over-
crowded streets within the Gene Autry Neighborhood. When these streets like Via
Escuela and Whitewater Club back-up now due to the existing congestion, cars
stream through the adjacent residential streets seeking a route out to the main
throughfares.
Increasing the traffic load from almost700 homes without requiring any mitigation
measures is short-sighted and will only make the dangerous problem worse. My 38-
year career as an Architect taught me that lack of proper planning while a concept is
'merely' words and lines on paper, or now days in the computer files, ALWAYS
comes back to haunt everyone involved.
I am pleading for the City Council to proactively require the developer to construct
the 3rd public entry / exit as was recommended by both the Planning
Commissioners and City Staff in 2016, to spread the Serena Park related traffic
equitably across multiple routes and neighborhoods. q ( *go 124n
1 -Fwiol i(, C;UY►n1Me�►n
ITEM NO.
We all want to see this long -blighted property redeveloped in a fair and equitable
manner, into an asset for our City and residents without causing additional long-
term heartache and frustration.
Thank you again for your consideration.
Jim Bruce, American Institute of Architects - Emeritus
2753 East San Angelo Road
Palm Springs, CA 92262
760-507-5884
Anthony Mejia
From: Riley Parks McDonald <skrap19@gmail.com>
Sent: Wednesday, September 29, 2021 2:50 PM
To: City Clerk
Subject: Serena Park & Casa Verona Developements
INOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
City Clerk,
I am a resident of the Gene Autry Neighborhood. We are DEMANDING a third entrance/exit for the Serena Park
development. We feel an exit around Farrell Drive and Raquetball Club Drive would be more appropriate to handle the
increase in traffic the development will bring to our neighbor streets. We live on Volturno Rd and in the year we have
lived here have seen a large increase in traffic and speed. It is only a matter of time before someone is killed traveling at
high speeds in a residential neighborhood. We encourage you to do what is right for an upcoming neighborhood and
force Serena Park to make the necessary changes to improve the quality of life in Palm Springs. Thank you for your time.
Sincerely,
A couple who vote!
&II 3012 6211
f R, l i C co MYK441)--
ITEM NO. 2-'
Public Comment for September 30, 2021 Council Meeting
Serena Park Development
Honorable City Council Members,
I and my husband are residents of the Arnico Courts area of the Gene Autry Neighborhood here in Palm
Springs. Our home is located off of East Via Escuela between North Whitewater Club Drive and Gene
Autry Trail. I am especially concerned about the increase in traffic that will be caused by the proposed
Serena Park development and the impact it will have on our neighborhood.
Arnico Courts are set up in such a way that Via Escuela is the only street that will take us and our
neighbors west to the rest of our neighborhood, or east to Gene Autry Trail. Only two possible ways out
of our area to Palm Springs and beyond.
As I commute to and from the Palm Desert campus of College of the Desert daily during the week, I have
noticed that traffic along Via Escuela is getting progressively worse, especially with increasingly frequent
closures of Indian Canyon Drive.
Current plans for the Serena Park development show only two entrances/exits. This will cause most of
the increased traffic to end up on our neighborhood streets. Since the main gate of the old golf course is
to also be the main entrance to Serena Park, and the second gate is further north at Golden Sands
Mobile Home Park, much of the increased traffic is going to be going down North Whitewater Club Drive
and also end up on Via Escuela.
I would strongly request that you require the developers to put in more than just two entrance/exit
gates. Surely there is a way to add another gate somewhere along the large piece of land to help spread
out the increased traffic.
Thank you.
Respectfully submitted,
Steven McCrary
611301 Z 0Z[
Tu 6 1 i C cpmwwev�
rMM NO. G-- A
Anthony Mejia
From: Damien Bastin <damien.bastin@gmail.com>
Sent: Wednesday, September 29, 2021 10:59 AM
To: City Clerk
Cc: Dennis Woods
Subject: Traffic Flow - Serena Park & Casa Verona Housing Developments
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear Sir
I'm writing to express our concerns regarding increased traffic flows in our area as a result of the planned Serena Park &
Casa Verona housing development in the northeast corner of the Gene Autry neighborhood.
My wife and I became proud homeowners of 1800 N Whitewater Club Dr around this time last year. We are loving living
in the area and are really happy with our decision to move here and raise our beautiful newborn son, Jack.
However, we're very concerned that the proposed layout of the new development does not include a 3rd entrance / exit
meaning certain streets including ours will suffer a disproportionate increase in traffic instead of it being spread out
more equitably among adjacent neighborhoods.
It appears this has been an acknowledged concern since at least 2016 with members of the Palm Springs Planning
Commission stating that having only 2 entrances / exits for the proposed Serena Park development dumps all of the
traffic into the neighborhoods around the Verona Road in a disproportionate fashion
(https://www.desertsun.com/story/news/2016/04/14/palm-springs-serena-park-development-has-neiKhbors-
co nce rned/83031014/).
We would like to inform you of our concerns and demand of the City Council that the proposed development is revised
to contain a more equitable traffic flow arrangement that requires an additional 3rd entrance / exit.
Kind Regards
Damien and Anna Bastin
1800 N Whitewater Club Dr, Palm Springs
+1(310) 985 3093
�13L)Izo-2-1
f u bl i G L0►rnnLerN
ITEM NO.
Anthony Mejia
From:
pwatters@aol.com
Sent:
Tuesday, September 28, 2021 4:00 PM
To:
City Clerk
Subject:
Case 5.1327 DA
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Peter A. Watters
2590 E. Verona Rd
Palm Springs, CA 92262-2631
Anthony J. Mejia, MMC, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Mejia:
Regarding challenges to the proposed PS Country Club, LLC for "Serena Park"
Case #5.1327 DA / PD
Unlike the northern part of this development with access from N. Sunrise Way at E San Rafael Rd. The
southern part of the development will only have access by passing through existing residential neighborhood surface
streets. These streets are already in very bad condition. This is an unprecedented type of gated community since access
is not from any major thoroughfare but only on existing neighborhood residential roads. This will impact negatively on
residents of the Gene Autrey neighborhood.
Presently the residents of Palm Springs Country Club enter their gated community through a gate on Whitewater Club Rd
off N Farrell Rd which is just one block from the major 4 lane section of N. Farrell Rd and E. Racquet Club Rd, another 4
land major thoroughfare.
It's easy to see why the Four Seasons Development and Palm Springs Country Club are in favor of this
development. They get increased property values with no traffic impact to their streets. The planning commission should
consider having the gated entrance for the entire development at N Sunrise Way and E San Rafael Rd. Fire gates or exit
only and fire gates could be provided at E. Francis Rd and N Whitewater Club Rd. at E Verona Rd.
The Planning Commission should seriously reconsider allowing a development of this size and consider downsizing to
preserve this rare and invaluable open space. Access to whatever development is approved should only be at N Sunrise
Way and E San Rafael Roads. Fire gate or fire and exit gates can be provided at E. Francis Rd. and N. Whitewater Club
Rd. at E Verona Rd.
Sincerely,
Peter A Wafters
pwatters@aol.com
13 0126 2-1 TTEm NO.
CLAREMONT LAND GROUP
Attorneys
5861 Pine Avenue, Suite A-1
Writer: Mark C. Allen III Chino Hills, CA 91709
Mark@mcallenIII.com (909) 398-4404
Fax (909) 398-1883
September 28, 2021
VIA EMAIL ONLY
Email: cityclerk@palmspringsca.gov
City Council, City of Palm Springs
Attn: Anthony J. Mejia, MMC, City Clerk
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Re: City Council Meeting, Serena Park Item 2.A., Default by City
Dear Council Members:
I represent PS Country Club, LLC, ("PSCC"), the owner of the Serena Park development in
Palm Springs (the "Project"). (Note: The subject property is currently in escrow. I do not speak for the
buyer, only my client as the current owner.) Please include this letter in the package for the above -
referenced hearing. This will address some serious issues with the Staff Report.
To summarize:
1. The Staff Report implies that PSCC has requested that the Development Agreement ("DA") be
"amended" to accommodate requests made by PSCC. This is false. PSCC has continually
explained that every one of its requests is based on the language of the DA, City Codes, State
and Federal law. Rather than address the requests on the merits, the City has chosen a path
designed to renegotiate the DA. In so doing, the City threatens to kill the project and make my
client's property valueless. PSCC will not renegotiate the DA. Perforce, PSCC will not accept
modifications to the DA that impose new and added conditions.
2. The Staff Report repeats statements suggesting PSCC has somehow created a "nuisance"
situation by failing to stop criminal trespass and waste by third parties. Ironically, these charges
were advanced by public officials who themselves admitted trespassing and driving over fences.
Such charges are false. PSCC has complied with every ordinance and law. The City's constant
obstruction of the Project is the cause of these problems, not PSCC.
3. On May 17, 2021, Joel Montalvo, the City Engineer, issued a directive that "not a single
[certificate of occupancy] will be issued" until all the electrical infrastructure for all phases of the
entire project have been constructed and approved by SCE and the City. This directive was later
reaffirmed by the Assistant City Manager. This directive makes the project uneconomical,
something of which the City Engineer was aware. The Staff s directive is inconsistent with
industry practice, City codes and the DA, as we explain below. 0 13 0) tp21
?1*1 rG C6 im YY '�-
rrEM NJ Z'
City Council
Re: City Council Meeting, Serena Park Item 2.A., Default by City
September 28, 2021
Page 2
Background
The Project is located on the distressed and abandoned portions of several prior failed
developments. When completed, it will provide 386 new residential lots, a public park and provide
many other public benefits listed in the DA, not the least of which is to rectify the distressed condition of
the property. The site presents some unique challenges. Due to the many past failures, the property has
ended up in a weird cockeyed figure 8 configuration. The configuration forced streets and utilities to
run in long circuitous routes. In order to cope with this condition, the Project, including especially the
streets and utilities, need to be built in phases in order to have any chance of economic success. The
City and the developer negotiated a proforma Phasing Plan, a copy of which is attached as Exhibit A to
this letter. Although the Project was conditionally approved in April 2016 by the Planning Commission,
the City did not execute the Development Agreement until March 7, 2019.
The final version of the DA included numerous provisions to assure the developer would be able
to manage the construction of this difficult site in the most economical way. For example, Section 7.09
of the DA makes it clear that the City is to allow the developer to control the timing and phasing of the
construction. In particular, the City agreed:
a. Project Timing. The parties acknowledge that Developer cannot predict the
timing, rate, order or actual timing with certainty. The timing, order and rate of
development shall be in Developer's sole discretion, except as otherwise provided
in the Project Approvals.
b. In light of the foregoing, the parties agree that Developer shall be able to
develop in accordance with Developer's own time schedule as such schedule
may exist from time to time. In particular, ... [the parties acknowledge] that
Developer shall have the right to develop the Project at such rate and at such
times as Developer deems appropriate within the exercise of its subjective
business judgment, provided that such schedule is consistent with this Agreement.
[Emphasis added.]
Other provisions reinforce the right of the developer to execute the construction in the most efficient
manner. Section 7.05(d) prohibits the City from taking actions to "Limit or control the rate, timing,
phasing or sequencing of the approval, development or construction of all or any part of the Project in
any manner inconsistent with the Project Approvals". Section 7.05(d) also prohibits the City from
taking actions to "Substantially increase the cost of constructing or developing the Project or any portion
thereof." And, of course, the City explicitly agreed that the Project would be constructed in phases.
The DA also has explicit provisions governing delays. For example, the DA includes a "Force Majeure
and Excusable Delay" provision at Sec. 11.05. Most importantly, the City promises "prompt review" of
all needed approvals in Sec. 7.11.
City Council
Re: City Council Meeting, Serena Park Item 2.A.; Default by City
September 28, 2021
Page 3
Timing of the Development Fee
No one seems to doubt that a "Force Majeure" event has occurred. PSCC asserts that further
delay has occurred due to the City's failure to provide the "prompt review" required of it. The instant
situation is a perfect example. The owner has been trying to get an answer out of the City for about six
months on a few very simple issues. The owner made what it thought was a reasonable adjustment
based on the unquestioned delay. This matter should have been referred to Staff to work out just as with
any other City contract.
Instead, the City has fiddled and fussed, and held extremely biased and unfair hearings in which
City officials did everything they could to derail, delay and destroy the Project. While PSCC is willing
to discuss alternative payment approaches, something the City officials have refused to do, all that has
been offered is unilateral demands. This is neither good faith nor fair dealing. Council should refer this
matter to Staff to work out a reasonable payment plan.
The Owner's Responsibility for Criminal Behavior
Certain members of the Planning Commission decided to use the hearing as an opportunity to
vent personal peeves regarding the condition of the Project. We will address the specifics of these false,
irresponsible claims if necessary. For purposes of this hearing, it suffices to say they have nothing to do
with the specific issues about which the owner has asked for a response.
The City Cannot Require Undergroundina Utilities Out of the Normal Construction Seauence
Despite provisions requiring cooperation, the City Engineer decided to interpret PSMC Sec.
8.04.401 in a way that effectively kills the Project by requiring utility undergrounding to be done out of
sequence. This interpretation is at odds with the language of the code, standard industry practice and,
we suspect, even with the City's own past practice. We explain below.
The Palm Springs Utility Undergrounding Ordinance
As with many other local jurisdictions, the City has adopted a utility undergrounding ordinance,
PSMC at Title 5, Art. 8 intended to gradually move all pole mounted utilities underground. Standard
industry practice is to place existing utilities underground during the normal construction sequence.
As the work approaches a specific area the existing "dry" utilities, such as electric and cable, are moved
underground. Typically, the local agency will refuse to issue occupancy certificates until the utilities
next to the house or building have been placed underground. This requirement is mainly to avoid
conflict between the new residents and ongoing construction. At issue here is the interpretation of just
one section, PSMC Sec. 8.04.401, that reads as follows:
No certificate of occupancy for new buildings or structures shall be issued unless
or until all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television cable
City Council
Re: City Council Meeting, Serena Park Item 2.A.: Default by City
September 28, 2021
Page 4
service, and similar service wires or lines, which are on -site, abutting, and/or
transecting, are installed underground unless specific restrictions are shown in
General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities.
The Section is referenced and paraphrased in condition ENG 53 of the Project's Conditions of Approval.
One is hard-pressed to understand the City's interpretation. It seems the City Engineer
interpreted the language "on -site, abutting, and/or transecting" as encompassing the whole Project. In
other words, if a utility was "on -site, abutting, and/or transecting" any place on the project, even miles
away, the developer is required to bury the utility before even a single certificate of occupancy is issued.
This interpretation conflicts with the language of Sec. 8.04.406. Grammatically, "on -site, abutting,
and/or transecting" refers to the "buildings or structures" for which the "certificate of occupancy" is to
be issued, NOT every related structure that is planned to be constructed nearby. Logically, as well, it
makes no sense to interpret "buildings or structures" as "subdivision." In short, the directive issued by
the City Engineer was improper as it is inconsistent with a proper interpretation of the PSMC.
Even if the City Engineer's directive were otherwise proper, it would directly conflict with the
DA. The DA specifies those few infrastructure items that the developer must construct out of order.
These clearly spelled out items, e.g., access roads, the park, stand in sharp distinction from utilities as to
which nothing specifies any construction phasing or schedule except the phasing agreed to by the
parties. The directive ignores these agreements, instead requiring the developer to provide huge
amounts of infrastructure in an uneconomical process that completely ignores the promised orderly
construction of the Project. In such a direct conflict, the terms of the DA control. See, DA Sec. 4.04.
Consequences of the City's Position
If the City holds to this position, the Project is dead. Because the existing lines are already
connected to existing residences, scores of individual easements need to be addressed. The time and
capital requirements would mean at least a doubling of the construction schedule and would cause the
Project to be uneconomic, something the City knew in taking its position. We note in passing the
irregular process being followed by the City. The interpretation of the undergrounding ordinance is
under the jurisdiction of the Director of Community Development with appeals to the Planning
Commission. See, PSMC Sec. 8.04.406. The City has never followed that process. Insofar as we are
aware, the Community Development Department never addressed the issue. Instead, the City decided to
treat the simple request for an interpretation of a Code provision as an "amendment" to the DA. One is
hard-pressed to find any reason for this other than an intent to delay.
City Council
Re: Cily Council Meeting, Serena Park Item 2.A.; Default by City
September 28, 2021
Page 5
Conclusion
A merchant builder is ready to start on the Project but has been thwarted for months by the City's
refusal to address what should be normal contract issues in a businesslike manner. The City Council
should direct Staff to approve phasing of the undergrounding of utilities consistent with the phasing in
the DA. Council should provide a fair payment plan for the Development Fee given the undisputed
excusable delays. All other matters should be referred to Staff.
Sincerely Yours,
CLAREMONT LAND GROUP
Is/Mark C. Allen III
MARK C. ALLEN III
\mca
Anthony Mejia
Subject: RE: Serena park
From: Robbie Levine <r-levi@umn.edu>
Sent: Thursday, September 23, 2021 12:05 PM
To: Dennis Woods <Dennis.Woods(o)palmsprinesca.eov>
Subject: Serena park
I NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
II sure the content is safe.
I live on Verona Rd and that project needs to have 3 or 4 exits/entrances.
It's busy enough on our street.
Thanks
Robbie Levine
r-leviPumn.edu
113D1a2(
19
ITEM NO. �'
Monique Lomeli
From: Chris Regan <t.christopher.regan@gmail.com>
Sent: Monday, September 27, 2021 6:06 PM
To: Terrence Regan
Cc: Grace Garner; Dennis Woods; Christy Holstege; Geoff Kors; Lisa Middleton; City Clerk;
David Newell
Subject: Third Access Road for Serena Park Development
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear Council Members, dear City Clerk and City Planner,
I am reaching out to request your assistance in making sure that the upcoming Serena Park development has a third
entrance/exit off of Farrell Road. I am a new resident at 3121 E. Verona Road and while I love being tucked away in a
more remote part of Palm Springs, I worry that not having a third access road will mean more traffic and congestion to
an already somewhat busy street.
As a new homeowner in the Gene Autry section of Palm Springs, I am actually very excited that the abandoned country
club at the end of Verona will be seeing new life as a park and development. It's a great plot of land. But it's important
that those living there have ample opportunities to arrive and leave, which is what a third entrance would do.
Our section of Verona is poorly paved with no speed bumps, which is something that should be addressed regardless of
what happens with entrance to the development. We want to make sure the city continues to grow and to prosper but
not at the expense of residents who are purposely looking for peace and quiet.
Thanks for taking the time to consider this request.
Terrence C. Regan
3121 E Verona Rd.
Palm Springs, CA 92662
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ITEM NO.
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Anthony Mejia
From: Matt Schroyer <schroyer.matt@gmail.com>
Sent: Monday, September 27, 2021 2:00 PM
To: City Clerk
Subject: Serena Park Access/Entrance
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Hello,
We are writing to express our concern for the current plans to use Whitewater Club Drive as the main entrance to the
Serena Park planned community. This will overwhelm the already congested intersection that sits right outside of our
home.
With our sincerest plea, we urge the city to avoid this development all together, and if that is not possible there
absolutely must be an entrance opened on Farrell or directly connect to Gene Autry to help alleviate the traffic.
This is a quiet neighborhood that we all take pride in, we hope you'll help us keep it that way.
Thank you,
Matt Schroyer
Owner, 2090 N. Whitewater Club Drive
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TTEM NO. 2 "-
Monique Lomeli
From: marie perotti palermo <marieperotti@hotmail.com>
Sent: Tuesday, September 21, 2021 11:45 AM
To: Dennis Woods; Grace Garner; Christy Holstege; Geoff Kors; Lisa Middleton; City Clerk
Cc: ROBERT PEROTTI
Subject: Serena Park Development
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
I am writing as a home owner in the Gene Autry neighborhood to DEMAND a 3rd traffic third
access/entrance point to control traffic in and out of our neighborhood from the pending Serena Park
Development.
The addition of over 700 homes ( 386 Serena Park, 31 potential homes from newly proposed Casa Verona, and
286 existing homes that will regain access to main gate) will overwhelm our neighborhood. I live at 2898 E.
Venetia Road and already we have traffic flow issues.
Please do not make sweetheart deals with developers - instead insist they add the 3rd exit.
I expect a reply from each Council Member to know my email was read.
Respectfully -
Robert and Marie Perotti
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rrEM NO.
Monique Lomeli
From:
Emmanuel Cobbet <ecobbet@hotmail.com>
Sent:
Sunday, September 26, 2021 7:25 PM
To:
Grace Garner; Dennis Woods; Christy Holstege; Geoff Kors; Lisa Middleton
Cc:
City Clerk; David Newell
Subject:
Serena Park Development - Third Access
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear Council Members, dear City Clerk and City Planner,
I am writing today to request your help in making a third entrance/exit to the Serena Park development off of
Farrell Road a condition/covenant to the approval of the development.
Together with my husband, we acquired the property situated at 3121 E. Verona Road last year. While we love
the house and the neighborhood, one of the most bothersome things upon moving in was the unexpected
amount of road noise in what appeared to be a quiet neighborhood at first. Traffic noise reverberates from
Gene Autry and Vista Chino BUT more surpringly from Verona Road itself! I never expected this amount of cars
and trucks passing by our house daily. We quickly realized that a lot of them are just simply by-passing the
many speed bumps on via Escuela, for a speedier exit out of Whitewater or Desert Park Estates, but also off of
Racquet Club Road and Farrell Road coming from the centre of town. In addition to the car count, the quality
of the pavement on Verona Road is very poor with absolutely no sound absorbing properties, resulting in
constant noise pollution.
I feel it is unfair to subject current residents of the Gene Autry neighborhood to more cars and noise than
what is already happening, especially when there is a way to alleviate it. This will only get worse with the old
country club gate becoming the main entrance to this new development. It is my understanding that existing
condo developments within Serena Park will also gain access to the old country club gates yet no agreement
could be found to reciprocate at the Whitewater Club Drive development entrance at Farrell!? Lastly, 1 feel
it is counter -intuitive to deny the practicality of an access off of Farrell Road @ Racquet Club Road would
provide future owners of the homes in Serena Park (see drawing below), and I would also argue to let the first
row of houses in the development suffer from passing cars, NOT current residents of Verona Road.
This being said, I actually welcome the new Serena Park development in general, and applaud the possibility of
a new public park. I certainly welcome the start of this project and finally not having to worry about
continuous suspiscious activity at the old gate at the end of my street. I just don't feel heard in terms in what
should be a logical and much needed third entry point.
I hope we can count on your foresight as elected officials to make the determination that a third entry is
indeed needed, before granting a permit for the Serena Park development.
Thank you. g 1301SO2,t
ITEM NO. 2' 4
Emmanuel Cobbet
3121 E. Verona Road
Palm Springs, CA 92262
310-402-3064
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Monique Lomeli
From: Justin Peglowski <justinpeglowski@gmail.com>
Sent: Saturday, September 25, 2021 4:46 PM
To: City Clerk
Subject: Concerns regarding new development
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Hello as a homeowner on North Whitewater Club in Palm Springs I am writing to you to express my concerns of
increased traffic in my neighborhood as a result of this development.
I am asking that you require the developers to have a third entrance/exit for Serena Park to spread out the future traffic
more equitably among adjacent neighborhoods. The most common sense option would be in the area of Farrell Drive
and Racquet Club Road.
Thank you for your time and consideration.
Respectfully,
Justin Peglowski
Sent from my iPhone
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ITEM NO. �� Y1
Monique Lomeli
From: Dennis Nye <dennisnye67@gmail.com>
Sent: Friday, September 24, 2021 7:45 PM
To: City Clerk
Subject: Serena Park Traffic
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
To Whom It May Concern,
I am writing to address my concern for the additional future traffic on Via Escuela due to the new Serena Park
development. There is already additional traffic on Via Escuela when Gene Autry gets backed up. I live at 2870 E Via
Escuela, Palm Springs, CA 92262. Most of the traffic goes right past my home. Speed bumps were placed on Via Escuela
between Gene Autry and Farrell to slow cars down. However, traffic still persists.
Thank you for your time.
Cheers,
Dennis
pwkQ l i C. Co
ITEM NO. 2— A-
Monique Lomeli
From:
Hank Herbst <hankherbst@gmail.com>
Sent:
Thursday, September 23, 2021 3:34 PM
To:
City Clerk
Subject:
Serena Park
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
I am a resident on Whitewater Club for 19 years. We must have more traffic control with at least another entrance/exit
at the dead end of E Francis Dr. For most of this traffic to come down Whitewater Club and Verona is absurd. We have
asked for traffic bumps and I looked into stop signs at Ventura and Vicentia to slow vehicles down. Other areas have
these items, why does Planning ignore our traffic problems.
Henry herbst
9 j3ol2o',-71
P1'A,611 C. Comm
ITEM NO. Z—
Monique Lomeli
From: Robbie Levine <r-levi@umn.edu>
Sent: Thursday, September 23, 2021 12:02 PM
To: City Clerk
Subject: Serena park development
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
I live on Verona Rd and just want to say that the project should have at least 3 or 4 exits/entrances.
It's busy enough on this street.
Thanks
Robbie Levine
r-levi@umn.edu
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UEM NO. 2
Anthony Mejia
From: Melchor Godoy <smelchorlgodoy@gmail.com>
Sent: Thursday, September 30, 2021 12:03 PM
To: City Clerk
Subject: Serena Parkway Concern
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.
Dear Council Members,
My husband and I have owned our home for almost four years in the Gene Autry Neighborhood. It is located on North
San Clemente Road, close to the intersection with Via Escuela and only two blocks west of North Whitewater Club
Drive.
I point that out because the major roadways of Gene Autry Trail and Vista Chino are on the borders of our
Neighborhood. Both are overwhelmed with traffic, causing even more cars to cut through our residential streets. When
Gene Autry Trail gets backed up, as it often does, cars head down our Neighborhood streets to get over to Vista Chino.
The same happens when Vista Chino gets backed up and people want to get on Gene Autry Trail, often on Whitewater
Club Drive.
I started thinking about how bad traffic could become and how many accidents could occur on Via Escuela and North
Whitewater Club and even more cut -through cars racing through the adjacent Gene Autry Neighborhood streets.
But ... I figured with such a big development as Serena Park, there would be several gates planned where Serena Park
residents' cars could enter and exit to spread out the traffic. Then, I was told that only one other gate for residents was
planned at the back of the development, next to Golden Sands Mobile Home Park. I was really surprised, actually
shocked.
Please respect the Gene Autry Neighborhood, residents and the safety of our streets, by making these developers put in
additional gates to more equitably distribute the traffic.
Thankyou!
Leo
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ITEM No.
Anthony Mejia
Subject:
RE: Serena Park Traffic Flow
From: lororr@gmail.com <lororr@gmail.com>
Sent: Thursday, September 30, 2021 11:45 AM
To: City Clerk <CityClerk@palmspringsca.gov>
Subject: Serena Park Traffic Flow
Council Members,
I am writing with concern about the future influx of traffic to the Gene Autry Neighborhood caused by the new
development to the north. I do not believe that Vista Chino can handle all the future residents coming in and out of
Serena Park & Casa Verona. Vista Chino is already at capacity most times of the day and is one of the main roads
traveled during floods. There needs to be a third access on Ferrell Dr to illuminate some of the congestion and future
accidents on Vista Chino.
CAM
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Regards,
Lorette Orr
Valley Resident Since 1976
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