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HomeMy WebLinkAboutGPA 01-77 3-Acre Site Located West of Painters Path 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: March 22, 1977 CITY of PALM DESERT NOTICE OF DETERMINATION Case No. : GPA 01-77 Applicant: PAUL MOLLER 72-235 Painter's Path Palm Desert, California 92260 Description of Project: Amendment of the Palm Desert General Plan for a 3-acre parcel located north of 44th Avenue extended and west of Painter's Path from Very Low Density Residential to Service Industrial. Environmental Finidng: The project will not have a significant effect on the environment (see attached) . No EIR has been prepared, pursuant to the provisions of CEQA. City Council Action: March 10, 1977 (Date) Action: Approved by City Council Resolution 77-20 Date Filed with County Clerk: March 22, 1977 cc: File Applicant County Clerk State Resources Agency (if approved by State Agency) E. RESOLUTION NO. 77-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PROFESSIONAL AGREEMENT WITH JOHN M. TETTEPAER I''OR FLOOD CONTROL CONSULTATION. Rec : Waive further reading and adopt . F. REQUEST for Reapproval of Final Map for Tract 6671-1 for Condominium Development Located East of Portola Avenue at Catalina Way - Owner/Developer : Fred G. Rice. Rec : . Adopt Resolution No. 77-23 reapproving the Final Map for Tract 6671-1, accepting dedications thereon, and approving the standard Subdivision Agreement relating thereto. G. RESOLUTION NO. 77-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A NUMBER OF PARKING ZONES AT VARIOUS INTERSECTIONS IN THE CITY. Rec : Waive further reading and adopt . H. RESOLUTION NO. 77-27 - .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SCHLECHT & McCULLOUGH, ATTORNEYS AT LAW, FOR CONTINGENCY LEGAL COUNSEL TO THE CITY OF PALM DESERT. Rec: Waive further reading and adopt . Councilman Brush requested that Items C, E, G, and H be held for discussion under Section X of the Agenda, Consent Items Held Over. Martin Bouman requested that Item D be removed for the same purpose. Councilman Newbrander moved and Councilman Seidler seconded to approve the Consent Calendar with the exception of Items C, D, E, G, and H. Motion carried unanimously. VII . PUBLIC HEARINGS A. CASE NO. GPA 01-77 - PAUL MOLLER: Consideration- of an Amendment Initiated by the Planning Commission to Change the Land Use Designation from Very Low Dens! ;---Residential to Service Industrial on a 3-Acre Site Located Weser-of Painter ' s Path and North of Avenue 44, Extended. Mayor Mullins declared the Public Hearing open. Mr. Williams outlined the Staff report for the Council . He indicated that the property in question was presently being used as an open storage area for shrubs, trees, and vehicles associated with the owner ' s nursery business. If approved, the Amendment would enable the property owner to provide open storage (for vehicles and equipment ) and enclosed (mini- ' warehouse) commercial storage facilities within this area. The Planning Commission had considered several major issues and denied the request because 1) the proposed Land Use Change would not be compatible with adjacent and proposed land uses; 2) the proposed Land Use change would not be con- sistent with the Goals and Objectives of the Palm Desert General Plan; and 3) the proposed Land Use change would be a major permanent change to take care of a temporary need which is not considered appropriate. Staff ' s recommendation was to uphold the recommendation of the Planning Commission and deny the request by Resolution No. 77-20. March 10, 1977 Page 2 MR. POUL MOLLER, 73-465 Goldflower, Palm Desert , presented his arguments to the Planning Commission ' s findings. He presented pictures to the Council showing how the storage area could be completely screened fron view from the highway. He pointed out that he had initially proposed this property to the City of Palm Desert since half of it is located in Rancho Mirage. However , this was defeated — thus, the request for the zone change. Mr . Moller stated that he did not feel that the noise element would be any problem to sur- rounding development . Fie also assured Council that security and protection for this type of development would be provided. As far as traffic was concerned, he did not believe that it would be a problem in that eventually Avenue 44 would be a four-way highway. Traffic and noise will exist in any event due to the increased development in that area. He concluded by saying that even though a service industrial area was being proposed for Cook Street , there should not be a monopoly of this type of development . If Council thought his 3 . 1 acres would be too small to be beneficial , he stated that there was an additional 6 acres that could be utilized. Mayor Mullins asked for input in opposition to the project. MR. PAUL E. ALLISON, 47 Columbia Drive, Rancho Mirage, spoke against the amendment in that he felt it would be objectionable to prospective property buyers desiring to develop resort areas. He urged Council to protect the sur- rounding property reserved for resort hotel type projects. Mr. Allison stated that if a 2-story structure were built , the storage area would be visible from the second story. Councilman Seidler stated that while he did wish to preserve that area as it was prezoned, the City had passed an ordinance wherein people were being forced to find storage space for their recreational vehicles. The concern would be relative to permanent structures, and he asked the applicant , Mr . Moller, if he would be agreeable to a temporary use permit to allow use similar to what had been suggested but for a stated period of time with review on a regular basis. Mr . Moller stated that he would be most agreeable. Mr. Paul Allison, 47 Columbia Drive, Rancho Mirage, addressed Council again requesting that they inspect the property per- sonally rather than going on the pictures presented. He felt that the pictures might be misleading. With no further input offered, Mayor Mullins declared the Public Hearing closed. Mr. Williams explained to Council they would not be able to place the proposed constraints under the General Plan Amend- ment provisions. However, they could allow for them- in the Redevelopment Plan Amendment . If Council so desired approval , Resolution No. 77-20 should be amended as follows : Paragraph 3 : Delete "which make the approval of" and replace with "to overrule the Planning Commission and approve" . a Section 1, Paragraph 3 : delete "mini-warehouse" . Councilman Seidler moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-20 as amended; carried unanimously. March 10, 1977 Page 3 • RESOLUTION 77-20 ` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT OF THE PALM DESERT GENERAL PLAN LAND USE MAP FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 i WHEREAS, the City Council of the City of Palm Desert, California, i did on the 10th day of March, 1977, h6ld a duly noticed Public Hearing to consider a General Plan Amendment application, filed by the Palm Desert , Planning Commission to amend the text of the Land Use Element and change the Land Use Map designation from Very Low Density Residential to Service Industrial on a 3-acre parcel of land generally located 250 feet west of the intersection of 44th Avenue and Painter's Path, and more particularly, described as• A portion of the south Z of Government Lot 2 in the southwest 4 of Section 18, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Assessment form was submitted and a Negative Declaration determination was made by the Department of Environmental Services on January 28, 1977, and the appeal period has expired; and, WHEREAS, at said Public Bearing, upon hearing and considering • the testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to overrule the Planning Commission and approve the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1) The proposed project would enable the development of a storage facility which would allow for the proper storage of many non-conforming vehicles and equipment presently located in residential t - zones; r 2) The proposed project would not adversely affect residential development, while its location in a small canyon at the westerly end of 44th Avenue would mitigate its impact on adjacent C-1 and PC(4) property; 3) The existing site is already extensively used for commercial nursery purposes; its further development for service industrial purposes would not entail further grading of hillside lands. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, as follows: 1 ) That the above recitations are true and correct and constitute the findings of the Council in this case; 2) That it does hereby approve the amendments of the Land Use Element, attached hereto and labeled Exhibit A and the amendment of the Land Use Map from Very Low Density Residential to Service Industrial for the property designated on the map attached hereto and labeled Exhibit B, for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this loth day of March, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIG N, CITY CLF{& CITY OF PALM DESERT, CALIFORNIA i i i E E s w CITY of PALM DESERT STAFF REPORT To: Honorable'Mayor and Members of the City Council Report On: Proposed Amendment of the Palm Desert General Plan Applicant: Palm Desert Planning Commission Case No. : GPA 01-77 I. REQUEST: That the City Council approve an amendment to the Land Use Map of the Palm Desert General Plan to change the designation of a 3-acre parcel located north of 44th Avenue and westerly of Painter's Path from Very Low Density Residential to Service Industrial. II. STAFF RECOMMENDATION: Uphold the recommendation of the Planning Commission and deny the request by Resolution 76-20. Justification is based upon: 1. Proposed Land Use change would not be compatible with adjacent and proposed land uses. 2. Proposed Land Use change would not be consistent with the Goals and Objectives of the Palm Desert General Plan. 3. Proposed Land Use change would be a major permanent change to take care of a temporary need which is not considered appropriate. III. BACKGROUND: A. Description: The subject property is a portion of a 12.55-acre parcel, Assessor's Parcel Number 621-301-014, as described as a portion of the south 2 of Government Lot 2, southwest 14 of Section 18, T5S, R6E, SBB&M. B. Location: The subject property encompasses 3 acres situated 250 feet west of the northwest corner of 44th Avenue and Painter's Path. C. Size: The property is irregularly shaped, with an overall length of 630 feet and an average depth of 220 feet - approximately 3.1 acres. D. Present General Plan Designation: Very Low Density Residential E. Proposed General Plan Designation: Service Industrial F. Redevelopment Plan Designation: Residential, Very Low Density G. Existing Zoning: PR-1, H H. Adjacent Zoning: North - PR-1, H South - PR-1, H East - C-1, S.P. West - Rancho Mirage I. EIR Finding: A Negative Declaration was filed on January 28, 1977 by the Director of Environmental Services. The appeal period has expired. March 10, 1977 Page One Staff Report GPA 01-77 March 10, 1977 Page Two IV. . DISCUSSION: The property owner, Paul Moller of Moller's Garden Center, has used the small canyon area located north of 44th Avenue and approximately 250 feet west of Painter's Path as an open storage area for shrubs, trees, and vehicles associated with his nursery business. If approved, the Amendment would enable the property- owner to provide open (for vehicles and equipment) and enclosed (mini-warehouse) commercial storage facilities within this area. In presenting this case to the Planning Commission, several major issues were thoroughly debated. First, this facility could provide a much-needed service within the City. The staff pointed out that the City's code enforce- ment program regarding the illegal storage of motor homes, recreation vehicles, boats, trailers, and equipment in residential areas had not been completely effective due to the lack of appropriate facilities elsewhere in the community. The Planning Commission, however, was concerned that while the use would be permanent in design, it might only have a marginal impact on the overall code enforcement program because of the small size of the parcel involved. Subsequent to .this Public Hearing, the staff learned from a local realtor associated with a service industrial development located on Cook Street that a vehicle storage facility was being contemplated for the near future at that site. A positive development in this direction would certainly undermine the justification for additional Service Industrial (SI) in a previously unplanned for area. Second, there was the concern that the proposed SI site would be incompatible with future Planned Commercial Resort development to the east. The property owner felt that the small size of the project would only add an insignificant amount of traffic to the area and that its location in a canyon would enable it to be easily screened from view. The Planning Commission completely rejected this agreement on the grounds that even a modest increase in traffic would in- volve vehicles and noise levels that would be the least compatible with a resort use. In their opinion, the potential for harm outweighed any potential benefits that might be derived from so small a project. Third, the Planning Commission was troubled by what they felt was a significant departure from a land use concept long agreed upon regarding the ultimate loca- tion of service industrial development in the Palm Desert area. No matter what controls were established upon the new SI site, they considered the change to be inconsistent with the adopted Goals and Objectives of the General Plan. At this hearing, the Council may take one of three actions: 1. uphold the recommendation of the Planning Commission and deny the Amendment; 2. overrule the Planning Commission and adopt the Amendment as submitted; or 3. adopt a land use designation other than that considered by the Planning Commission. If either of the first two actions are taken, then the decision would be final. If the third alternative is adopted, such as designating the site for Core Area Commercial or approving an enlarged or reduced SI area, then the action must be sent back to the Planning Commission for a report on the modified action. In any case where the Planning Commission recommendation is not followed, the Council must cite specific reasons and justifications for its action. GPA 01-77 PALM DESERT PLANNING COMMISSION .EXHIBIT A The following shall be added to page I.B.7 of the Land Use Element of the Palm Desert General Plan, under the title Industrial Areas, and after the words, ". . . office facilities.": "So that local residents and visitors to Palm Desert may have convenient access to local vehicle and equipment storage areas, a small service industrial area of not more than three (3) acres in size shall be established west of the intersec- tion of Painter's Path and 44th Avenue." f fX r R b t es .• I x i 1 y(7r _ 4 i 1 lUl` It J1 <I( I q N All Port, 01 1 V. tl ,wnT •.� •n�.,,.,.,- —�Po•► •f r, COLLEGE 4 It. � OF THE ULJENT �nn S $tANCNO w0. �� -.� \v��T/r, c•o K Rv,.•1� U ��1 Tw AVGN(r�• -- 1 rrs— ----�L— lt��—�— t f —^1�� J1 t r [ .. ccl- o' tclir;a �II_wcYrj_+t t �. i el Cortez woy s D 1= u �_— '° �jp L '. LIr,I_t_�T r.' + f ?�l;j rI> VI •S• Y GaANLe 6 �ar.a< j vT( � ,I� of% =�fJ�%/-..��� 51, 1 rfil _(�tl. 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Tl.�m. •'' f '=%''� 45-275 PRICKLY PEAR LANE PALM DESERT CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE February 18, 1977 APPLICANT Chairman-City Planning Commission/Paul S. Moller 72-235 Painter's Path Palm Desert, *Ca. 92260 CASE NO. GPA 01-77 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of February 15, 1977 CONTINUED TO x DENIED by Planning Commission Resolution No. 217 APPROVED BY PLANNING COMMISSION RESOLUTION PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. X PLACED ON THE AGENDA OF THE CITY COUNCIL OF March 10, 1977 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services , City of Palm Desert , within `fifteen (15) days of the date of the decision.. PAUL A. WILLIAMS, Secretary -Palm Desert Planning CouLmission Applicant 18���.x�x�cdx ��txs�� •• Y0VngD Fi l e RPA 02-77 I PLANNING COMMISSION RESOLUTION NO. 217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING DENIAL TO THE CITY COUNCIL OF A REQUEST FOR AN AMENDMENT TO THE PALM DESERT GENERAL PLAN FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 WHEREAS, the Planning Commission did on the 15th day of February, 1977., hold a duly noticed Public Hearing to consider a General Plan Amendment appli- cation filed by the Palm Desert Planning Commission, from Very Low Density Residential to Service Industrial on approximately 3. 1 acres of land generally located 250 feet west of the intersection of 44th Avenue and Painter's Path, and more particularly described as: A portion of the south 2 of Government Lot 2 in the southwest 4 of Section 18, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", MUM in that an Environmental Assessment form was submitted and a Negative Declaration determination was made by the Department of Environmental Services on January 28, 1977, and the appeal period has expired; and, -=yM EREAS, at said Public Hearing, upon hearing and considering the testi- mony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist which ! make the denial of the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1. Proposed Land Use change would not be compatible with adjacent and proposed land uses. 2. Proposed Land Use change would not be consistent with the Goals and t Objectives of the Palm Desert General Plan. 3. Proposed Land Use change would be a major permanent change to take care of a temporary need which is not considered appropriate. flow, THEREFORE, BE IT RESOLVED*by the Planning Commission of the City Of Palm Desert, Calfiornia, as follows: " ' 4 -1- Planning Commission Resolution No. 217 1) That the above recitations are true and correct and constitute the findings of the Commission in this case; 2) That it does hereby recommend denial of the attached resolution, containing Exhibits A & B, to .the City Council for the requested General Plan Amendment of the Land Use Element and Land Use Map from Very Low Density Residential to Service Industrial , for reasons set out in this resolution. .PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on this 15th day of February, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, MILLS, READING, WILSON 140ES: NONE ABSENT: NONE ABSTAIN: NONE S. ROY WILSON, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY --PALM DESERT PLANNING CO*1ISSION I Minutes Palm Desert Planning Commission February 15, 1977 The next condition that was discussed was Condition No. 7. Commissioner Kelly stated that she was in favor of the revised Condition No. 7, which reads as follows: 7. Provide 10 feet of additional right-of-way for storm drain 0 . purposes adjacent to Haystack Road, along the full length of z the property. Applicant shall contribute $20,979 to the City t � as his proportionate share of the Master Plan storm drains. ' W Commissioner Reading was also in favor of revised Condition No. 7. Chairman jWilson and Commissioner Berkey were opposed to the revised condition. They Z both felt that it was too far away to require improvements. There was a short discussion on Condition No. 8, with the consensus that the following should be added: Hor provide some other agreement on access control agreeable to the City." Regarding Condition No. 18 (requirement for a park fee) , Commissioner Reading was opposed to the condition. Commissioners Berkey and Kelly felt that it was ok as written. Chairman Wilson also felt that the con- dition was ok as written but should be waived by the City Council. Mr. Williams informed the Commission that in case of a deadlock on Condition No. 7, it should be added to the resolution, allowing the City Council to decide. The following subsection 4 was added to the resolution: 4) Be it known to the City Council that in review of the conditions of approval, the Commission reached a dead- lock on Condition No. 7, which is as follows: (see above wording). The Commission also agreed that an additional condition should be added as follows: 19. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. Chairman Wilson again opened the Public Hearing. GEORGE FAWCETT, stated that he felt it would be necessary to review the pad height before it's too costly to change. Chairman Wilson closed the Public Hearing. Commissioner Berkey moved, and Commissioner Reading seconded a motion to adopt Planning Commission Resolution No. 216, as revised. The motion carried 4-0 with Commissioner Mills abstaining. 's THERE WAS A TEN-MINUTE RECESS B. CASE NO. GPA 01-77, P. MOLLER Request for an Amendment of the Land-Use Element Map of the Palm Desert General Plan to change the designation from Very Low Density Residential (1-3 dwelling units per acre) to Service Industrial for a 3-acre parcel r located on the north side of 44th Avenue, west of Painter's Path, PR-1,H Zone District. Mr. Williams presented the staff report to the Commission which included the request, staff's recommendation that the Planning Commission approve the Amendment and forward a recommendation for approval to the City Council, and a complete background of the request. Page Five Minutes Palm Desert Planning Commission February 15, 1977 Chairman Wilson opened the Public Hearing and asked if there was anyone present wishing to speak in FAVOR of the request. PAUL S. MOLLER, 73-465 Goldflower, spoke to the Commission and stated that there was a substantial need for storage areas for campers, trailers, recreational vehicles, etc. Further, he stated that the area would be ` ( easy to screen. i Chairman Wilson asked if there was anyone wishing to speak in OPPOSITION to ` J approval of the request. TOM PAULSEN, 74-330 El Paseo, spoke to the Commission and stated that he was representing Morgan Mitsubishi property for Mrs. Roberta Books (his client). He stated that his client hopes to develope a top quality resort hotel on their site and they would be opposed to anything that would adversely affect the neighborhood. Further, the Service Industrial zone would not be compatible with the Palm Desert General Plan or the PC(4) zone district. MRS. ROBERTA BOOKS, 125 Avenue of the Americas, New York City, spoke to the Commission and stated she felt the use would be incompatible. Chairman Wilson closed the Public Hearing. Commissioner Kelly stated she was not in favor of approval of the request t due to poor accessibility through the PC(4) area. Commissioner Berkey felt that added traffic in the area was a concern and the use would be too close to the city entrance. Commissioners Mills and Reading both stated that they didn't like the potential hazard situation. Chairman Wilson stated he did not like a departure from the General Plan concept of locating Service Industrial on Cook Street. Further, that little benefit would result if the use were approved and that some harm could result. The Commission concurred that a denial would be appropriate and the following reasons were given: T. The use would not be compatible. 2. The use would not be consistent with the Palm Desert General Plan. 3. The use would provide a major departure which is not justified by a temporary need. Commissioner Mills moved that the Planning Commission adopt Resolution No. 217, denying the request for an Amendment of the Land Use Element of the Palm Desert General Plan, with the inclusion of the above mentioned reasons. Commissioner Reading seconded the motion; motion unanimously carried. VII. OLD BUSINESS +' A. CASE NO. 21SA, JOHN McCORMICK for GERONIMO'S Consideration of Design Review Board recommendation for a new sign for a restaurant located on the south side of Highway 111, east of E1 Paseo and sitauted in the C-1,S.P. Zone District. Mr. Williams presented the staff report to the Commission. Said report included the request, staff's recommendation for approval, and a background of the request. f i Page Six r RESOLUTION 76-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN AMENDMENT OF THE PALM DESERT GENERAL PLAN LAND USE MAP FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 WHEREAS, the City Council of the City of Palm Desert, California, did on the loth day of March, 1977, hold a duly noticed Public Hearing to consider a General Plan Amendment application, filed by the Palm Desert Planning Commission to amend the text of the Land Use Element and change the Land Use Map designation from Very Low Density Residential to Service Industrial on a 3-acre parcel of land generally located 250 feet west of the intersection of 44th Avenue and Painter's Path, and more particularly described as: A portion of the south 12 of Government Lot 2 in the southwest % of Section 18, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Assessment form was submitted and a Negative Declaration deter- mination was made by the Department of Environmental Services on January 29, 1977, and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist which make the denial of the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1) Proposed Land Use change would not be compatible with adjacent and proposed land uses; 2) Proposed Land Use change would not be consistent with the Goals and Objectives of the Palm Desert General Plan; 3) Proposed Land Use change would be .a major permanent change to take care of a temporary need which is not considered appropriate. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, as follows: -1- • Resolution 76-20 1) That the above recitations are true and correct and constitute the findings of the Council in this case; 2) That it does hereby deny the Amendments of the Land Use Element and Land Use Map, for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council, held on this loth day of March, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, JR. , MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA -2- NOTICE OF ACTION BY CITY COUNCIL CITY OF PALM DESERT, STATE OF CALIFORNIA RE: PAUL MOLLER CASE NO. GPA 01-77 73-465 Goldflower Palm Desert, CA. 92260 ACTION: X Approved by Resolution 77-20. Denied Continued Other REMARKS: Approved amendment to change property from Very Low Density Residential to Service Industrial Roll Call resulted as follows: Ayes• MULLINS, NEWBRANDER, SEIDLER, BRUSH Noes: NONE Absent: McPHERSON I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on March 10, -1977 Page of City Council Minutes Deputy Clerk o the CivAr Council in and for the City o Palm Desert, State of California RESOLUTION 77-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT OF THE PALM DESERT GENERAL PLAN LAND USE MAP FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 WHEREAS, the City Council of the City of Palm Desert, California, - ' did on the loth day of March, 1977, hold a duly noticed Public Hearing to consider a General. Plan Amendment application, filed by the Palm Desert Planning Commission to amend the text of the Land Use Element and change the Land Use Map designation from Very Low Density Residential to Service Industrial on a 3-acre parcel of land generally located 250 feet west of the intersection of 44th Avenue and Painter's Path, and more particularly described as: A portion of the south h of Government Lot 2 in the southwest of Section 18, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that an Environmental Assessment form was submitted l_J and a Negative Declaration determination was made by the Department of Environmental Services on January 28, 1977, and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to overrule the Planning Commission and approve the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1) The proposed project would enable the development of a storage facility which would allow for the proper storage of many ` non-conforming vehicles and equipment presently located in residential ` zones; 9 r , 2) The proposed project would not adversely affect residential development, while its location in a small canyon at the westerly end of 44th Avenue would mitigate its impact on adjacent C-1 and PC(4) property; 3) The existing site is already extensively used for ` l commercial nursery purposes; its further development for service industrial purposes would not entail further grading of hillside lands. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, as follows: 1) That the above recitations are true and correct and constitute the findings of the Council in this case; 2) That it does hereby approve the amendments of the Land Use Element, attached hereto and labeled Exhibit A and the amendment of the Land Use Map from Very Low Density Residential to Service Industrial for the property designated on the map attached hereto and labeled Exhibit B, for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this loth day of March, 1977, by the following vote, to wit:- AYES: NOES: ABSENT: ABSTAIN: *D61WWWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CL t • CITT OF PALM DESERT, CALIFORNIA o:ff nzr1M 45-275 PRICKLY PEAR LANE, PALM DESER' ---"' ----- TELEPHONE (714) 346-0611 Date: February 18, 1977 CITY of PALM DESERT NOTICE OF PUBLIC HEARING ` GENERAL PLAN AMENDMENT CASE NO. GPA 01-77 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a Planning Commission initiated Amendment to the Land Use Map of the Palm Desert General Plan, to change the designation of a 3-acre portion of the SW 4 of the SW 4 of Section 18, TSS, R6E, SBB & M from Very Low Density Residential (1 to 3 dwelling units per acre) to Service Industrial. w r--�'- a T PARK Drswmrf 0 • ¢ 44 TH AV c FTTTTY SAID Public Hearing will be held on Thursday, March 10, 1977, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which tine and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA PUBLISH: Palm Desert Post February 24, 1977 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA� ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published w6ekly, in Palm Desert, County of __City_-_©f-_P--al__m-_Desert----------------------- Riverside, and which newspaper has been adjudged General Plan Amendment a newspaper of general circulation by the Superior Court of the County of Riverside, State of California >!I�'-SPA--��r - - - under date of October 5, 1964, Case Number 836: that the notice, of which the annexed is a printed cod [ {_ x has been published in each regular and entire issue said newspaper and not in any supplement thereof the following dates to-wit: :� a ---- ---- -------2/2 4-- ------- ------- -- ----- ----- - ° u -- - -- --------------------- ---- ------- ------- n" E A a c ivm w W 80;ts I certify (or declare) under penalty or perjury that ti -- oYo " Iii x GU foregoing is true and correct. 11 LA --- ==-- --< -- - '- ----- --------- g Signature 3��, x.� £ � L' Date- ---- - February--- -4-i---------- 1977- cv_ a g 7,`; 3 E at Palm Desert, California a , �E 54 _ , _ 1 % 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 9226O TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE February 18, 1977 APPLICANT Chairman-City Planning Commission/Paul S. Moller 72-235 Painter's Path Palm Desert, -Ca. 92260 CASE N0. GPA 01-77 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of February 15, 1977 CONTINUED TO X DENIED by Planning Commission Resolution No. 217 APPROVED BY PLANNING C0111MISSION RESOLUTION PLACED ON THE AGENDA OF THE CTY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. X PLACED ON THE AGENDA OF THE CITY COUNCIL OF i i March 10, 1977 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services , City of Palm Desert, within fifteen (15) days of the date of the decision.. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission Applicant ebmmy XVCUSX Dog%rmNAX Fi 1 e RPA 02-77 S • PLANNING COMMISSION RESOLUTION NO. 217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING DENIAL TO THE CITY COUNCIL OF A REQUEST FOR AN AMENDMENT TO THE PALM DESERT GENERAL PLAN FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 WHEREAS, the Planning Commission did on the 15th day of February, 1977, hold a duly noticed Public Hearing to consider a General Plan Amendment appli- cation filed by the Palm Desert Planning Commission, from Very Low Density Residential to Service Industrial on approximately 3. 1 acres of land generally located 250 feet west of the intersection of 44th Avenue and Painter's Path, and more particularly described as: A portion of the south 2 of Government Lot 2 in the southwest 4 of Section 18, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" , in that an Environmental Assessment form was submitted and a Negative Declaration determination was made by the Department of Environmental Services on January 28, 1977, and the appeal period has expired; and, j r WHEREAS, at said Public Hearing, upon hearing and considering the testi- mony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist which make the denial of the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1. Proposed Land Use change would not be compatible with adjacent and proposed land uses. 2. Proposed Land Use change would not be consistent with the Goals and Objectives of the Palm Desert General Plan. 3. Proposed Land Use change would be a major permanent change to take care of a temporary need which is not considered appropriate. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City Of Palm Desert, Calfiornia, as follows: -1- Planning Commission Resolution No. 217 1) That the above recitations are true and correct and constitute the findings of the Commission in this case; 2) That it does hereby recommend denial of the attached resolution, containing Exhibits A & B, to the City Council for the requested General Plan Amendment of the Land Use Element and Land Use Map from Very Low Density Residential to Service Industrial , for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on this 15th day of February, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, MILLS, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE S. ROY WILSON, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION D*R*A*F*T RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT OF THE PALM DESERT GENERAL PLAN LAND USE MAP FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 WHEREAS, the City Council of the City of Palm Desert, California, did on the loth day of March, 1977, hold a duly noticed Public Hearing to consider a General Plan Amendment application, filed by the Palm Desert Planning Commission to amend the text of the Land Use Element and change the Land Use Map designation from Very Low Density Residential to Service Industrial on a 3-acre parcel of land generally located 250 feet west of the intersection of 44th Avenue and Painter' s Path, and more particularly described as: A portion of the south 2 of Government Lot 2 in the southwest 4 of Section 18, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" , in that an Environmental Assessment form was submitted and a Negative Declaration deter- mination was made by the Department of Environmental Services on January 28, 1977, and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist which make the approval of the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1) The proposed project would enable the development of a mini-warehouse storage facility which would allow for the proper storage of amny non-conforming vehicles and equipment presently located in residential zones; 2) The ,proposed project would not adversely affect residential development, while its location in a small canyon at the westerly end of 44th Avenue would mitigate its impact on adjacent C-1 and PC(4) property; 3) The existing site is already extensively used for commercial nursery purposes; its further development for service industrial purposes would not entail further grading of hillside lands. -1- Resolution No., IVOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, as follows: 1) That the above recitations are true and correct and constitute the findings of the Council in this case; 2) That it does hereby approve the amendments of the Land Use Element, attached hereto and labeled Exhibit A and the amendment of the Land Use Map from Very Low Density Residential to Service Industrial for the property designated on the map attached hereto and labeled Exhibit B, for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this loth day of March, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NOEL J. BRUSH, MAYOR ATTEST: HEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA i } -2- GPA 01-77 I PALM DESERT PLANNING COMMISSION EXHIBIT A i The following shall be added to page 1.B.7 of the Land Use Element of the Palm Desert General Plan, under the title Industrial Areas, and after the words, ". . . office facilities.": i "So that local residents and visitors to Palm Desert may have convenient access to local vehicle and equipment storage areas, a small service industrial area of not more than three (3) acres in size shall be established west of the intersec- tion of Painter's Path and 44th Avenue." f E f I I I jj tiF -UM Park U. u 1 itUniD'%� Ga.YD• u .ri U ___�rG% i < If COLLEGE ( 0 _lil �� -•� I � .�..�-r'orlr�r�c.r r u W Q 1 ,�----"L or T DESERT q ` aln<.r� 1 qt E s __t N V^_ Ir-. ! s•rnn f I A �.( Its ��„ •- L� -. l_. —�1 C'�trt l l l C l I I W(-Y'!.._J IIfGy nl (. •t�� \ Cy :'I7 N BI"COriez woy U r Z I pi ._.— uld1.7 liil�l__��`1�-J!`1���r —Iy f`� - aC.1 T — r ! y '[<.cc c•.c; r I: s!' (Gif W �;T.Ti' `2:7.A_E tl WDRIVE �VD Y � ee' \ E t �/(,ail /%�cir van— ,'il tre�t� < !' � — ss � � t,,.E l� r.�.— f�• 1 gasr^-t z (,ILI�/l r i rC,Iv c r 'rear t _. _ .. rr-.} it•�-�/� 1(r; � __'!1-__-.� <. rn:>:.w4 !-6aTt_€-.—, r>tN v,.,Y D �}�� 11 , 7. 0 i u T �Pr•-�� �L d t V - - 1 rt r3 4C Ir ,t_1 r�i•XF It ���J�I'-..--�4_'_'�`—=i---_-_.—...,S —f { _ L Ir P GSAG•_Y/,:C <•TKE E:- :. -_-_-_ rl"-- -_ _.•� - `l1.. �- 1J t,•:ccow Jam_.—.� It t'� r's,:_�. ,I i�l '— -- — Lill iUlAlit t�Li�;..;_—__��_� CITY OF F'Als�A DESERT t4N c�i ,'err —01-77 G TeAO Fp TTtF ACrf-r.-. tr " ';rS: ; !NIr1ATED 0Y __--_-t- -- �`'ram, `''• -. '�i t*_-�Y_ IDS ..`-_._:__ ^('a✓c,�ic>Ak Cr PA DESERT PLAN NINGCOMMI551O `_. LM oil EXf JAI,: -1131T B Q 1 i - t- I FROM VI-.D- RF-61DENTIALTC r - :r �1 ( W ` ILLllLLl1A SERVICE INDU57RIRL e J Cols .AND USEiLIAP LAND a&,E, -i5mF_/VT � f ( 4 i i I I f CITY of PALM DESERT STAFF REPORT To: Planning Commission Report On: Amendment of Palm Desert General Plan Applicant: Palm Desert Planning Commission Case No. : GPA 01-77 I. REQUEST: That the Planning Commission initiate an Amendment of the Land Use Element of the Palm Desert General Plan to change the designation of a 3-acre par- cel located north of 44th Avenue and west of Painter's Path from Very Low Density Residential to Service Industrial. II. STAFF RECOMMENDATION: That the Planning Commission adopt Resolution No. ,�_111 , recommending to the City Council adoption of the attached resolution amending the text of the Land Use Element and the Land Use Map. Justification is based upon the following: 1. The proposed project would enable the development of a mini-warehouse storage facility which would allow for the proper storage of many non- conforming vehicles and equipment presently located in residential zones. 2. The proposed project would not adversely affect residential development, while its location in a small canyon at the westerly end of 44th Avenue would mitigate its impact on adjacent C-1 and PC(4) property. 3. The existing site is already extensively used for commercial nursery purposes; its further development for service industrial purposes would not entail further grading of hillside lands. III. BACKGROUND: A. Description: The subject property is a portion of a 12.55-acre parcel , Assessor's Parcel Number 621-301-014, as described as a portion of the south 2 of Government Lot 2, southwest 4 of Section 18, T5S, R6E, SBB&M. B. Location: The subject property encompasses 3 acres situated 250 feet west of the northwest corner of 44th Avenue and Painter' s Path. C. Size: The property is irregularly shaped, with an overall length of 630 feet and an average depth of 220 feet - approximately 3.1 acres. D. Present General Plan Designation: Very Low Density Residential E. Proposed General Plan Designation: Service Industrial F. Redevelopment Plan Designation: Residential , Very Low Density G. Existing Zoning: PR-1,H H. Adjacent Zoning: North - PR-1,H South - PR-1,H East - C-1,S.P. West - Rancho Mirage February 15, 1977 Page One III. BACKGROUND: (continued) I. EIR Finding: A Negative Declaration was filed on January 28, 1977 by the Director of Environmental Services. The appeal period has expired. IV. DISCUSSION: The applicant is the owner of Moller's Garden Center, located on Painter's Path, near 44th Avenue. For a number of years, the small canyon area (which is the subject of this Amendment) has been used as an open storage area for shrubs, trees, and vehicles associated with the nursery. If ap- proved, the Amendment would enable the applicant to provide open and en- closed commercial storage facilities within this area. The staff feels that there are three major reasons for supporting this re- quest. First, it would provide a much-needed service within the City. The City's code enforcement program regarding the illegal storage of motor homes, recreation vehicles, boats, trailers, and equipment in residential areas has not been completely effective due to the lack of appropriate facilities else- where in the community. This facility would not provide a long-term solution for the problem, but would help to alleviate the problem for awhile. Second, the staff was concerned that the service industrial zoning would be incompatible with the proposed Planned Commercial Resort development to the east. However, the small size of the project and its isolated location would tend to mitigate any adverse aesthetic impact. A vehicle storage area in close proximity to a major, resort-oriented development would offer some ob- vious positive benefits to tourists travelling with motor homes or towing trailers and boats. Third, the potential for harmful environmental impacts as a result of this Amendment is considered to be very small . The property in question has long since been graded for use in conjunction with the nursery. The staff proposes that the Amendment of the Redevelopment Plan text to establish a service indus- trial zone in the project area be written so as to thoroughly regulate the po- tential development in terms of land use, grading, and flood control . Page 1.B.7 of the Land Use Element should be amended to include a reference to the proposed site in the text. The wording would stress the fact that the area near Painter's Path is not -intended to grow into a third major industrial complex, but is only to provide limited vehicle and equipment storage facilities, serving local residents and visitors to Palm Desert. The second amendment would be to illustrate the revised land use on the Land Use Map. The staff has prepared a resolution which the Planning Commission may recom- mend to the City Council for adoption. The appropriate exhibits amending the General Plan have been attached. February 15, 1977 Page Two D*R*A*F*T RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT OF THE PALM DESERT GENERAL PLAN LAND. USE MAP FROM VERY LOW DENSITY RESIDENTIAL TO SERVICE INDUSTRIAL ON PROPERTY GENERALLY LOCATED 250 FEET WEST OF THE INTERSECTION OF 44TH AVENUE AND PAINTER'S PATH. CASE NO. GPA 01-77 WHEREAS, the City Council of the City of Palm Desert, California, did on the loth day of March, 1977, hold a duly noticed Public Hearing to consider a General Plan Amendment application, filed by the Palm Desert Planning Commission to amend the text of the Land Use Element and change the Land Use Map designation from Very Low Density Residential to Service Industrial on a 3-acre parcel of land generally located 250 feet west of the intersection of 44th Avenue and Painter's Path, and more particularly described as: A portion of the south 2 of Government Lot 2 in the southwest 4 of Section 18, • Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" , in that an Environmental Assessment form was submitted and a Negative Declaration deter- mination was made by the Department of Environmental Services on January 28, 1977, and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist which make the approval of the General Plan Amendment necessary to carry out the provisions and general purpose of the Palm Desert General Plan: 1) The proposed project would enable the development of a mini-warehouse storage facility which would allow for the proper storage of amny non-conforming vehicles and equipment presently located in residential zones; 2) The proposed project would not adversely affect residential development, while its location in a small canyon at the westerly end of 44th Avenue would mitigate its impact on adjacent C-1 and PC(4) property; 3) The existing site is already extensively used for commercial nursery purposes; its further development for service industrial purposes would not entail further grading of hillside lands. _1_ Resolution No. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, as follows: 1) That the above recitations are true and correct and constitute the findings of the Council in this case; 2) That it does hereby approve the amendments of the Land Use Element, attached hereto and labeled Exhibit A and the amendment of the Land Use Map from Very Low Density Residential to Service Industrial for the property designated on the map attached hereto and labeled Exhibit B, for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council , held on this loth day of March, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NOEL J. BRUSH, MAYOR ATTEST: HEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA -2- MINUTES PALM DESERT PLANNING COMMISSION MEETING JANUARY 18, 1977 7 PM - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission sas called to order by Chairman Wilson at 7:03 p.m. in the Council Cham- bers of the Palm Desert City Hall . II. PLEDGE - Commissioner BERKEY III. ROLL CALL Present:, Commissioner BERKEY Commissioner KELLY Commissioner MILLS Commissioner READING Chairman WILSON Others Present: Steve Fleshman - Associate Planner Sam Freed - Assistant Planner IV. MINUTES A. MINUTES of the Meeting of January 4, 1977. The following corrections were noted: � paragraph,rap Page 2 12th h reword as follows: 9 "Commissioner Kelly stated that in relation to the parking deficiency, the future redesign of the main parking lot area would mitigate the deficiency. She further felt that there was a unique situation involved and that she would be in favor of granting the Variance and approving the Conditional Use Permit. " Page 3, 4th paragraph, under Oral Communications, add the following: "CLIFF HENDERSON, 73-597 Pinyon, spoke to the Commission and presented a rendering prepared by a professional planning group which he stated was his concept of how Highway 111 should ul- timately look. He further asked that the Planning Commission consider this in their dealings with the redevelopment of the city. He felt that Highway 111 has the potential of becoming a 'Wilshire Boulevard' in the desert. Mr. Williams responded to Mr. Henderson stating that this rendering would be presented to the Redevelopment Planning Priorities Committee for their consideration at their next meeting." Page 6 of the transcript, change the spelling of "Schneider" to read "Snyder" and also change "Prey" to "Pray". r: r:otion of Commissioner Berkey, seconded by Commissioner Kelly, to a:n^rove the minutes of the meeting of January 4, 1977, as corrected, unanimously carried. 18, 1977 Page One V. WRITTEN COMMUNICATIONS Chairman Wilson directed that letters received by the Commissioners from Mr. Clifford Henderson be turned over to the Secretary for pre- sentation at the next meeting of the RE; ;::r:sent Planning Priorities Committee. Chairman Wilson then asked staff if Mr. Henderson' s rendering had been presented to the Planning Priorities Committee. Mr. Fleshman answered that the rendering had not been presented as yet but that it would be presented at the next meeting of the Planning Priorities Committee which is sch-2-duled for January 26, 1977. At this time, Mr. Fleshman stated that in order to leave the rest of the evening free to discuss the C.O.D. Specific Plan, he was requesting that the Design Review Board items and the New Business items be presented now. The Commission concurred with Mr. Fleshman. VI. NEW BUSINESS A. Discussion of City Council Referral of a Proposed General Plan Amendment. Mr. Fleshman explained that the City has received two requests for amendments to the adopted Redevelopment Plan. Further, the said amendments have been referred to the Planning Commission as a single Redevelopment Plan Amendment by Redevelopment Agency Resolution No. 47 for evaluation as to the effects of the request on the City's General Plan. Mr. Fleshman then explained that it would be necessary for the Commission to determine the fol- lowing: 't 1. A portion of the requested amendment does not conform to the City's adopted General Plan. 2. An amendment of the City's General Plan must be considered before the Redevelopment Plan Amendment may be considered. 3. Initiate a General Plan Amendment No. 01-77, to consider a change of land use designation from very low density residential (1-3 dwelling units per acre) to Service In- dustrial on a 3-acre parcel located westerly of the inter- section of Painter's Path and 44th Avenue. 4. Schedule a Public Hearing to consider the matter for Febru- ary 15, 1977. 5. Instruct the secretary to notify the City Council of the Commission's findings and actions. Mr. Fleshman then explained that at this time the Commission must not discuss the merits of this -particular amendment as this was not a Public Hearing. Staff was merely asking the Commission to either set the matter for Public Hearing or not set the matter for Public Hearing. Commissioner Berkey moved that the Planning Commission adopt Resolution No. 209, setting the matter for Public Hearing on February 15, 1977. Commissioner Reading seconded the motion; Pr tion unanimously carried. January 18, 1977 P Two B. Discussion of Prr,posed C.V.C.W.D. Sever Line Extensions. Mr. Fleshman explained that the City had received a request from C.V.C.W.D. ; that it was a standard request, but also an unusual request in that C.V.C.W.D. plans to install sewers on every street in the City located south of Highway 111. Mr. Fleshman further explained that the Water District had been granted the funds to accomplish this project and they did not receive funds to do the north side of the Highway. Finally, Mr. Fleshman stated that C.V.C.W.D. was asking that the Planning Commission find that this project would be in conformance with the adopted Palm Desert General Plan. There was a short discussion as to the effects this project would have on the City' s street overlay program. Commissioner Kelly moved that the Planning Commission adopt Resolution No. 207, finding that the above described project for the C.V.C.W.D. would be in conformance with the Palm Desert General Plan. Commissioner Berkey seconded the motion; motion unanimously carried. VII. DESIGN REVIEW BOARD ITEMS A. Review of Cases approved at the Design Review Board meeting of January 11, 1977. Mr. Fleshman explained to the Commission that there had been 6 items on the DRB agenda for January llth and that 5 of these items had been approved. However, staff was only presenting 3 of the cases to the Commission at this time as the DRB had rejected one case (which dealt with a request for approval of a 4-unit apartment complex to be located at Ocotillo and Verba Santa) ; and the two other cases would be carried over to the meeting of January 25, 1977, in order to allow the Planning Commission to review the Public Hearing portions of each case. ( The first case that Mr. Fleshman presented was CASE NO. 40MF- 1 Final construction drawings for 130 new units at IRONWOOD for SILVER SPUR ASSOCIATES. Mr. Fleshman gave a detailed descrip- tion of the project and showed all the plans to the Commission. He also explained that some minor changes had been made at the preliminary stage and that these changes were reflected in the drawings which he was presenting to the Commission tonight. After Mr. Fleshman's presentation, there were no questions by the Commissioners. The next case presented by Mr. Fleshman was CASE NO. 21SA-New sign program for Geronimo's Restaurant-JOHN McCORMICK, Appli- cant. Mr. Fleshman gave the background on this project to the Commission and explained that the DRB had felt that the design of the new sign was excellent but that the size was inappro- priate. Further, under the new Sign Ordinance, the new sign would possibly be found to be non-conforming; as it was a free- standing sign and under the new Sign Ordinance, free standing signs for a building that has more than one use would not be allowed. There was a discussion regarding the new Sign Ordinance and the fact that the City Council will hold a Public Hearing on same on the 27th of January. The Commission seemed concerned that Mr. McCormick's sign might not conform to the new Ordinance. The Commission decided to think about the matter and asked Mr. Fleshman to present the next case. Th rr n Mr. Flesh n presented CASE NO. 48MF-Final construction drawings for five homes for AFFILIATED CONSTRUCTION COMPANY. Mr. Fleshman explained that the Commission had reviewed the pre- liminary dra,%,4ngs for this project in November. Further, these o final had all the improvements and modifications which z the P1.k--'Iir.- Commission and Design Review Board had wanted. UJ Mr. Fleshman then presented the plans and elevations to the Commission. ti �► The Commission v,as concerned about the roof treatment on the back of z the first model . There was another short discussion regarding the sign for Geronimo' s. Mr. Fleshman explained that Mr. McCormick could not be present at tonight' s meeting; but that he asked that if the Commission could not decide on the matter, he would request that they con- tinue the matter to their meeting of February 15, 1977, so that he could be present and discuss the matter with the Commission. Commissioner Mills made a minute motion that Case No. 21SA be continued to the February 15, 1977 Planning Commission meeting. Commissioner Berkey seconded the motion; motion unanimously carried. Chairman Wilson then stated that" the Planning Commission still had a resolution before them regarding the two remaining DRB cases. Commissioner Kelly asked that a condition be added to Case No. 48MF, Model #201, deleting the rock and replacing it with crushed tile. The Commission agreed with Commissioner Kelly. Commissioner Kelly moved that the Planning Commission adopt Resolution No. 208, with the deletion of Case No. 21SA and the addition of a sentence pertaining to the roof treatment on Model #201 for Case No. r 48MF. Commissioner Reading seconded the motion; motion unanimously carried. There was a brief recess at 8:03 p.m. The meeting reconvened at 8:08 p.m. VIII. OLD BUSINESS A. C.O.D. SPECIFIC PLAN Discussion of Housing, Conservation, and Parks & Recreation Elements. Mr. Freed presented the Housing Element to the Commission. Said element contains the goals and objectives, existing housing con- o ditions, analysis of future housing trends, student housing re- 0 quirements , and census data. z There was a discussion pertaining to student housing. Commissioner < ^ Berkey stated that we seemed to be getting closer to the answers on w b the student housing situation; however, there seemed to be a demand zN for centralizing student housing whereas the report indicated just Z the opposite. .. .._ ._ Mr. Freed stated that he hoped to get a detailed survey regarding the student housing situation. Chairman Wilson was concerned with the type of questions that would be contained in the survey. Mr. Freed explained that the questions would pertain to the type of housing desired, economic scale criteria, etc. January 18, 19-77 Page Four Chai rrnn 4:Ii l son stated that the figure for the average a�,, of a C.O.D. student (26 years) was a distorted figure. Further, the adult student was the student who typically already has hniiO ng. Chairman Wilson then asked Mr. Freed to explain what types of projects would be contained in the comprehensive program of pub- lic works. Mr. Freed explained that streets, recreational , public insti- tutional and landscaping projects would be included. The discussion then centered on the drainage system for the C.O.D. area. Mr. Freed explained that the staff was working with the City o - Engineer regarding the drainage system for the area. Mr. o Freed also pointed out the areas on the aerial map that are subject to flooding. UJ < n After a lengthy discussion regarding the Housing Element, Chairman w ' Wilson stated that his personal reaction to this report was that he was pleased with the direction that staff was, n .mo fgther, z he liked the idea of a college mediation board-. 41INNE At this time, Mr. Freed distributed to each Commissi tual rendering of the C.O.D. Specific Plan Area-Neighborhood Park Plan. Mr. Freed then gave a presentation of �the Conservation, Open Space and Recreation Element of the C.O.D. Specific Plan. His presentation included the introduction, goals and objec- 4O tives, and a background of the element. O Mr. Fleshman then explained to the Commission that the City Council had formed a new Parks and Recreation Commission and , 1� that the Planning Commission would be working closely with A the new Commission. After a discussion pertaining to this element, the Commission seemed to feel that the reports and information presented were a good begin- ning. They did feel that this element should be the last one considered in order to a1fttft%WEP4bqband Recreation Commission to get off the ground. . X. ORAL COMMUNICATIONS None XI. COMMENTS A. City Staff Mr. Fleshman informed the Commission that he would be leaving the employ of the City at the end of the month. Further, he had enjoyed working with the Commission during his time with the City. B. City Attorney None C. Planning Commissioners Chairman Wilson asked if the City's Solar Energy Corw,itte- was still holding meetings. Mr. Fleshman answered that they had had 4 or 5 meeting_ it 1976 and that no meetings had been held since Septen,u :; . January 18, 1977 Page Five There was a brief discussion pertaining to the energy situation and fuel shortage situation. Chairman Wilson then asked about the "pad" controversy. Mr. Fleshman explained that the transcript from the last Planning Commission meeting had been turned over to the City Council for their meeting of January 13, 1977. Further, the same people who had been at the Planning Commission meeting spoke to the Council at their meeting on the 13th and the City Council has the matter under advisement. Mr. Fleshman then gave a brief recount of the City Council decisions pertaining to the re-zoning cases which had been heard at their last meeting. XII. ADJOURNMENT Commissioner Mills moved to adjourn the meeting. Commissioner Berkey seconded the motion. The meeting was adjourned at 9:37 p.m. I 1� � d1 `STE-PHEN A.IFLESHMAN, ASSOCIATE PLANNER ATTEST: S OY WILS, d, CHAIRMAN PAL DESER PLANNING CO ISSION t) January 18, 1977 Page Six .. r.r•_,,,•,� •-•...Y _ Prue.► �^.•'•"`�.. 1I / )/4... ' .. lit iAe1- (T rx e �__ -._',_ W� E•< �r fW `L _ t Pork 2 p4 �"`•. \ I (�/ V N Z Wrrtblr.4�Gw0. . ! ./ `\� •�... vo•x�•,aL COLUCCf u•:►--mot-'-- /J r /,.� Or YNC 0 J to a �� \' rnlrr•.i� I' ,�,,�— ,..,,, crr__r-_ 7 Z ; a \. It r` �_� _ �, -z ;� 4•J', j�.., �l^� eI Cortez woy T . !' lv 2, LL-ir rl� ✓v�L'r,� r�rr/ / �` �. i ry �1✓;�` 1 W H C- t. J 1 1- !� \ ,ri s f-- -�`--___-,'__:11�`_-__.-`.— ..:�.1�-�•-__ ---ter-�� � � V1 it — ci r N • `TIr + yt (/.acrF�c Jl��'�.::_:_;!i:!}`�l.i- � / ''�.a,a. n =+R ,4�!/(��--/-�r G�n !���•_^��1I Imo_ f t r C t. � ; %r_-.'-"\"`' �//� r2�/ 1�J _-"i_'_`"�L-.f`.;.. �-�'�r_ =�y-1-i(`��C`--:;!°e��eD-sc•Jlvaive oa ' --� mil' '; ',��_ I, c,r�'o• it _tr.i+t I r �—.--1!%,iu "_' t-.. •.•i•�1 - --tl . .A-,,w • tr ; �s i G r nn. _I I �~- Gin r"'E Yrti��r.T•c <_ 1, _._ t 5 _ ' Lit t � r�r ;;' coc or_�..rJ�•. �•ty �'•S h7 F,(•'r Jam! ` ;•i a'-'%� i` f CITY QF PAL , / f" DFSER T - l ram- =r•Lw-.L' 1 t_�\.�r� �� __<;;�_ 10''/''^� f &-PA. --01-77 I_- -___ r Ii—__<rF,cJ_VJ]L__--- rtE ai�•-�:______ ,'4.. ;{t. / ' 'AT --- - --,�:,; PALM DE5ERT PLAN NJ NGCOMM551C Ci Irr. _,, !.r.r.ra g 1 Y h Ft20M VLr•D• RESIDENTIALTC • �' 3 SERVICE INDUSTRIAL. a (!D1 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 DATE: January 28, 1977 CITY of PALM DESERT NOTICE OF PUBLIC HEARING GENERAL PLAN AMENDMENT CASE NO. GPA 01-77 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a Planning Commission initiated Amendment to the Land Use Map of the Palm Desert General Plan, to change the desig- nation of a 3-acre portion of the SW 4 of the SW 4 of Sec- tion 18, TSS, R6E, SBB & M from Very Low Density Residen- tial (1 to 3 dwelling units per acre) to Service Industrial . W a _.._--- 3 PARK ' V1E'f/ DRIV+ VERY I " � w� T64i Dfs4TIAL 51ETdItGE � . i Z:µDc�TR a o � IAL N +- 44 TH a- r SAID Public Hearing will be held on Tuesday, February 15, 1977, at 7:00 p.m. in the Council Chambers of the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PUBLISH: Palm Desert Post February 3, 1977 p - ,' 77 62 / — 2 62/ — 30,2 /T aA41* 4rA- j/yi3 (oil- adz - 1003 .. Sao o 6 9- 7 - 5' 3 ,- aiAc - -- -- - -- - v c� r� � � 2 0 3.� � � ��� � !// a�� --- ��--- -�� �� -- -- --- -1�-- - - - f. z i 6 't ,,� - - ----...._ •�-�- �,,,, �, f� .rug/�� �»,���� - - ��.. i PDrA t '• 4 COLLEGE Or THE _� DESERT �.♦,w.uvn rn - \ z Ll l fl —�[�`_=_}(—__ �.i�cnlc r r_ �.� �=z:_, .;r?—:�rr��c---� "•G'""1"; —.. —..-11= —��_C 71G Ii r•'C_t��-MGVjl_.=J F ; d LL fL--`"2t�`�._.I I .• I � i �T fl r 'I J V f 4 1 _'.J� � / pl ccr10I WOi I N D z A \1 rh ^a dyLul (. ^el'I / _� a _•_ • p F�u '/�:"' �// .�`.!_- � Z1 ♦ Tz � ST, 4rC. .>-� t. '1 III ,�� �T._'}� i < °�/<' I W Iq Lj Lr�f l`J `-' `. I/T7 i - , '`--_�- r-r •1=--���---�1.-�I•J L�L—_!L�r-_• '-J L.'J i 'l���-I 1"! ` 0 1. • /^ l'• ^\ ' I l i`� a/��1 /,v\`\\ '�---1�DRrFT � �JTI N..v/. I / / `l\��^�^���.� -J�j'.`ri?^�--�� �C_!.!�J:.-%�•u' `-� :� i�'s O M. .. ♦ � ... .\ .ram'A/ .'�/ -S=— —e"t—j--.f��'.._t .I L._ ! ��.�� ' IhKo^en-rr�i IDRrvE 9� �s ��I_`�? �J'` �f /� / �'-- —��( �I; ( i• - (- _'_._,�.-t` L..I�r..<•.:� I� ,o Ir, /,,Z iron:.0 j(_s!ree_ 1 ; I Q— :j .1 ;1� 0. _ Lill,! ruael Sr�• CPA rwu c<o.c:J Sr CITY OF PAU-A DFSIERT PALM DESERT PLANNINGGOi4' A1551C. cf ♦ S C._•I ca-- �tiT�rd�''1>C.-7U:A ..` '' ; FP.M VL.D• RE51DENTIAL-TC 5)rRVIGE INDUSTRIRI— Fatr7c.a r. - Pe -4 -4 Z t t _ �aev - < •,TO�'.,t � i I i - i E f I ) (AI,PA 111 CITY 01.0 1'./l L,)Vt DL: ;l"H T Nh:Gn'.l'1`'.NI 1)),:C1_.l1),A TjON Case No. : RPA 02-77 Appli.carrt : PAUL S. MOLLER 72-235 Painter's Path Palm Desert, California 92.260 Description of T'roject: Request to amend the Redevelopment Plan for Project Area No. 1 from Very Low Density Residential to a designation which will permit warehouse storage facilities- on a 3-acre parcel located westerly of Painter's Path at the intersec- tion of 444th Avenue. Finding: The project will not result in any substantial adverse impact on the envi ronment. Justification: Land use, grading, and flood control mitigation measures will be established as a part of the new service inductrial zone which will be added to the Redevelopment Plan. The existing site has already been substantally modified; new construction would .be . limited to this area. Any interested citizen may appeal this determination to the Planning Cominissi_on within eighi; (8) days of the date of the postin€; of ptiblic notice by filing in appeal in accordance with llesolution No. 74- 14 with the Dej)'Irtment of l'.rivi.romnental Services located at 45-275 Prickly Pear Lane, Palm Desert., California. If no appeal is filed within said tirnc, this del:eri:nination sh.al.l he final_. Datc Piled with County Clor k (Within five days) _JanUa - 28, 1977 Date I'iffilic Notice Is Posted: _W Jan uary 31. 1977 cc: Al)plicant Date Period Expires: Comity Clerk Februa �8 7977 li�llc•l itt j�i: tr�+ &, Y PROOF OF PUBL110N This spis for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAZ ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu City of Palm Desert lation, published w6ekly, in Palm Desert, County of ------------- --------------- ----------------------------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior -..___________Case N o . G P A 01 —7 7 ----------------------------------------------------------------- Court o the County of Riverside, State of California, - under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of ------------------------------- ------------------------------------------ said newspaper and not in any supplement thereof on Paste clipping the following dates to-wit: of Notice SECURELY In This Space CITY© PALM DEW AT NK#T#CE Q PUBt IC H�€Nt !f►Nw�`# of - - 2/' GENERAL PLAN AMENDMENT #i a CASE NO.EPA 1-7T 5 SW !a of Se lon 1 6E. Notice is hereby�aiiuen that a Public Messying will be heid - Me " Y Loop Density Residential i 1 to 3 dwrellino fore the Palm pesert-P1%:1,2 cbmmissioi�`to 1 nsider ate- ; ,s �l trial. ,a. _. 00 77 I certify (or dec j foregoing is true 491ty I" f i 4 _ - d. 4i Tit 4V; Date ------E-ef � --�' at Palm Desert, s +� � .: SAID Publiv Hearing w 14-be held 00 T , .PebrWarV 15W."', �1477, at 7•� the Council C�D Gpcf mania ate , wh ch toiime�I puce ait crested p;,;wws cue invited to attend P M and be heard. POP-2l3ti I wire PUBLIC HEARINGS (continued) Councilman Newbrander inquired as to the type of facilities planned by the Foundation. MR. LOUTS KUEHNER, Executive Director, Foundation for the Retarded, responding to Councilman Newbrander' s question, explained that this would be a facility to house educational activities for the Retarded. He stated that the program had grown so fast that the Institution would have to grow accordingly. He said that the present plans are for Day school activity, and that there is a great need for training facilities in the area. I Councilman McPherson commented on the Sand Dune Park, stating that he could appreciate the concerns of the people, and would go along_ with the Planning Commission and Staff. He further commented that once the area develops there would no longer be a Sand Dune Park which would be some- thing for future generations to marvel at. Councilman Wilson suggested that perhaps it would be possible to make a change to the 712 acres as Institutional , and commented that the open space concept is very desirable. Councilman Newbrander suggested that the Property in question be specified as Institutional for the purpose of the Foundation. Councilman Brush agreed that the City could then still have control over the Property in case of change in ownership. Mayor Mullins invited any more input and there was none. He declared the Hearing Closed. Councilman Brush moved, with change to appear as P(U.A. ) Zoning on the Fetch Center Property, to approve by waiving further reading and passing Ordinance No. 187 to second reading. Councilman Wilson seconded. Motion carried unanimously. a j B. CASE GPA 01-78„CITY OF PALM DESERT, Applicant: Consideration of a Prop 'sed Amendm to the Circulation Element of the General Plan of the City esert, which would reduce the Status of a Portion of Portola Avenue to a Local Street. Mr, Williams reported that this was a City Council initiated Amendment which would distribute traffic flow with the addition of Mesa View Drive as an alternate Route from Portola to Highway 74. He stated that the Planning Commission, by Resolution No. 371 approved the proposed General Plan Amendment. Mayor Mullins invited input in FAVOR of the Amendment. MR. LARRY SPICER, 75-855 Alta Mira Drive, Indian Wells, CA, stated that although he had previously appeared before Council on this matter, he would like to register again that Ironwood still speaks in favor. Mayor Mullins invited input in OPPOSITION. MILANI PiILKOVICH, 43-905 Carmel Circle, Palm Desert, addressed the Council , h uld not. .fr, i to _��ln' L s,o '. ._ GUrpo;= of Lt� 1e1% ham' CVi: iL nv rus.�, oni,f1e p{iA;; Ivi' diversion of traffic. He stated that as long as Portola was engineered to carry the traffic, he felt it should remain that way. He further objected to the construction or a wall as it would obstruct the view: from his home. 4 l i IiaiiS StuiEU iiluL ii VNUJ UN iC r0Ur1CI i �`ii1Ciiiei Ui nct tll& e �CLe(7 to change the status of Portola , but that Staff felt in the Iona run this Flail shrub. re-uulC t'fafT i L. C.o!,,n-llrnan B r u s yd +h + his ,mz 4, concern tha n, nr+71% z t olnr a througr, street could `Iecome a real traffic hazard. Councilrnian Wilson moved and Councilman Brush seconded to approve the eneral Plan Amendment by Resolution No. 7S-87. Motion carried unanimously. 3 -