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HomeMy WebLinkAboutGPA 97-5 Land Use Element Medium Density Resident to Office Profsnal - City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 CITY OF PALM DESERT LEGAL NOTICE CASE NO. GPA 97-5, C/Z 97-10-11 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by THE CITY OF PALM DESERT to amend the General Plan land use element from high density residential to office professional and amend the zoning from single-family residential (k-1 13,000) to office professional (O.P.) as each applies to four parcels located on the West side of Deep Canyon, 217 feet North of Alessandro or also particularly described as: A.P.N. 625-075-005, 006, 007, & 625-093-007. Y M 10 0 C I� I y !•A l'�' NORTH I Ia EN `4. 0 R 1 1 �' -f 11A O M A CO 1 1� 1 of o v. �L + r t a s SITE r R C.-C ) t41 �s • � H A Rfv HWY Ill i a C -; 1 , s . p . I C• i1off4P-. 1 . SAID public hearing will be held on Thursday, August 28, 1997, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions -in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. ' PUBLISH: Desert Post SHEILA GILLIGAN, City Clerk August 14, 1997 Palm Desert City Council City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: August 6, 1997 City of Palm Desert Re: GPA 97-5 and C/Z 97-10 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of August 5, 1997: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF GPA 97-5 AND C/Z 97-10 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1822. MOTION CARRIED 3-0 (COMMISSIONERS FERNANDEZ AND JONATHAN WERE ABSENT). Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. _-.-- ' PHILIP DRELL, SECRETAR PALM DESER PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal Recycled Paper PLANNING COMMISSION RESOLUTION NO. 1822 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL AND A CHANGE OF ZONE FROM R-1 13,000 TO OFFICE PROFESSIONAL FOR PROPERTIES LOCATED ON THE WEST SIDE OF DEEP CANYON ROAD, STARTING TWO PARCELS NORTH OF ALESSANDRO EXTENDING A TOTAL OF FOUR PARCELS. CASE NO. GPA 97-5 / C/Z 97-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of August, 1997, hold a duly noticed public hearing to a consider a request by CITY OF PALM DESERT of the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105," in that the Director of Community Development has determined that the project will be a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary; 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 Planning Commission did find the following facts and reasons to exist to justify recommending approval of the general plan amendment and the change of zone to the City Council: GENERAL PLAN AMENDMENT 1 . The Deep Canyon Road and Highway 1 1 1 areas have recently been an area of transition. With the recent construction of the Lucky's Market and the gas station/market along Deep Canyon, nearby property have become less attractive for single-family residential land use. 2. The land use amendment to office professional is consistent with the long term land use of the area. CHANGE OF ZONE: 1 . The proposed change of zone is consistent with the policies of the adopted Palm Desert General Plan. PLANNING COMMISSIO*RESOLUTION NO. 1822 2. The land use resulting from the change of zone will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of General Plan Amendment 97-5 and Change of Zone 97- 10 be recommended to the Council for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of August, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERGUSON NOES: NONE i ABSENT: FERNANDEZ, JONATHAN ABSTAIN: NONE AMES CA O F GUSON, Chairperson ATTEST: PHILIP DRELL Secretary Palm Desert P anning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1822 CONDITIONS OF APPROVAL CASE NO. GPA 97-5, C/Z 97-10 Department of Community Development: 1 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 2. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Review Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 3. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 4. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF, School Mitigation and Housing Mitigation fees. 5. Properties shall conform to setbacks and standards in Section 25.25 of the City's Zoning Ordinance. 3 s fte MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Commissioner Beaty said he would very much like to see this program succeed at Palm Desert High School. It was one thing that Palm Desert High School has never had. They just haven't had a vocational education program and that was not the intent when it was opened. It was supposed to be a magnet school and Indio High School was going to handle those types of programs, but that really hadn't worked. He thought there was a real need for students at Palm Desert High School to have this experience and he would like to see it succeed. He was a little concerned and in agreement with Commissioner Ferguson as to why the residents weren't consulted. He was not an expert on the impact of a 1400 square foot home on the value of 2800 square foot home or a 2000 square foot home, but he would be in favor of a continuance and hoped that something could be worked out or that perhaps there was another location, although at this late date that might be impractical. Also, he was curious to know why if the City has owned the property for two years why they were coming before the Planning Commission in August. He asked if this couldn't have been done with a little more planning so they weren't faced with this time deadline that makes it difficult for everyone. Chairperson Ferguson reopened and continued the public hearing and asked for a motion. Commissioner Beaty stated that he would move for a continuance with the encouragement of at least some discussions with the residents. Chairperson Ferguson agreed that they should meet with at least the residents present tonight and they could get copies of the letters of objection. Action: It was moved by Commissioner Beaty, seconded by Commissioner Campbell, continuing TPM 28630 and ADJ 97-8 to August 19, 1997 by minute motion. Carried 3-0. ,/E. Case Nos. GPA 97-5 and C/Z 97-10 - CITY OF PALM DESERT, Applicant Request for approval of a General Plan Amendment from medium density residential to office professional and Change of Zone from R-1 13,000 to office professional (O.P.) for four properties located on the west side of Deep Canyon Road, starting 217 feet north of Alessandro Drive. Mr. Alvarez stated that the request was for a General Plan Amendment and Change of Zone which would include four parcels on the west side of Deep Canyon starting with the second parcel north of Alessandro. As a result of the recently rezoned Office Professional parcel directly south and the commercial development of the Lucky's shopping center to the east, the single family residents along Deep Canyon have been impacted. The property owners have requested that their properties' general plan designation be changed from 33 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Medium Density Residential to Office Professional and their zoning changed from R-1 13,000 to Office Professional. Being an area of transition, staff felt that the proposed land use changes would be consistent with the long term land use in this area. For purposes of CEQA this project was a Class 3 categorical exemption and staff recommended that commission recommend approval to the City Council for both the general plan amendment and zone change. Chairperson Ferguson asked why the line wasn't drawn right where it was consistent with the Lucky's perimeter; why did they go one additional lot beyond that. Mr. Drell replied that there was one property owner who has the top two parcels and he could envision over time property owners requesting the zone to go all the way down Deep Canyon. Chairperson Ferguson said that when the Lohman property was before Council, the question was asked where the line would be drawn and why was it being drawn where it is and he was asking the same questions. Mr. Drell stated it was being drawn based on the proximity to Lucky's and that lot was still cater corner to the Lucky's center and looked out on the Lucky's building. He said they could conceivably have gone down to the Grove. He indicated that the property on the northwest corner of Ramona thought he might want to do this also, but had second thoughts. Once it is redesignated as O.P., then they have lost the option to build a house there. He could see over time that they might end up to the Grove, but this request was based on the desires of the property owners and wasn't unreasonable. Commissioner Campbell asked if the fourth lot was empty. Mr. Drell agreed and said it was owned by the property owner of the third lot. They were part of the request and he requested it for both properties. It was cater corner to Lucky's and was marginally impacted by it. Chairperson Ferguson asked about the large parcel was at the northwest corner of Deep Canyon and Ramona. Mr. Drell clarified that the large lot was actually divided into three or four parcels. There were some homes, but the corner was vacant. In speaking to the owner of the corner parcel, he first thought that he would like to get in on this also, but decided not to because he wouldn't be able to build a home there and he might want to wait and see what the potential was in the future and if in fact there was a growing demand for office professional. But there would probably not be a demand at this corner and they would like to get those lots developed closer to Highway 1 1 1 and Lucky's before considering moving any further down the street. Chairperson Ferguson opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. MR. RALPH SLAUTO, 44-279 Corfu Court in Hidden Palms, stated that he couldn't make an opinion because he was confused. If the rezoning was going to take place, why didn't it take place. Why wasn't it brought up to rezone the properties on both sides of the places they want to rezone. The only question that came to his mind was that probably those property 34 v#Awl *..e MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 owners didn't want it. If the City of Palm Desert wants to rezone this, it must be because someone wants it rezoned--probably the property owner of those particular lots have a deal with someone. But he didn't see the point of taking an element of Deep Canyon, allowing one lot to remain in the R-1 and two other lots on the other sides to remain R-1 and the other four lots are office professional. He felt there was a hodge podge of different kinds of buildings that would take away from the entire looks of the neighborhood. He wasn't against it, but he also wasn't for it, but didn't see the sense in having a mixed zoning area on that side of the street. It didn't bother him because he was on the other side, but it didn't seem to be an effective way to handle the zoning of a neighborhood like theirs. His opinion was to either do it all or don't do it. Mr. Drell clarified that the first lot was already zoned O.P. The first lot down from the corner was zoned O.P., so it wasn't a mix. It would be consistently zoned O.P. or commercial from Highway 1 1 1 to where they stop. There would be a line somewhere and to prevent the hodge podge. It would be consistent from one spot to another. One of the possible problems if they zoned all the way down to the Grove was that they could have an office building next to the Grove and then some houses. He thought they had done it as rationally as one could do it. It would promote that incremental development beginning at Highway 1 1 1 down as opposed to the hodge podge. Commissioner Beaty said he wasn't sure that the gentleman understood what Mr. Drell was saying and asked Mr. Alvarez to show the lots in question on the map. Mr. Slauto asked if those lots on the corner were already zoned office professional. Mr. Drell concurred. The corner at Highway 1 1 1 was zoned commercial and the northwest corner of Deep Canyon and Alessandro was zoned Office Professional. Mr. Slauto said that now he was beginning to understand. The City was planning to take those all the way from Highway 1 1 1 to Fred Waring. Mr. Drell said that at this point we weren't. Mr. Drell said that in the future it was conceivable that that might happen, but our goal now was to extend it consistently in as uniform as the city can and they can do that by limiting the extent as we move north, assuming that Deep Canyon develops and it seemed that there was a demand for this type of use, but that was why it was being done in a limited fashion now, starting from one end and moving to the other. He thought that was logical. Mr. Slauto stated that his understanding from the words Mr. Drell just said that the potential was that the west side of Deep Canyon would be Office 35 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Professional sometime in the future, all the way from Highway 1 1 1 to Fred Waring. Mr. Drell clarified that he meant to the Grove. Chairperson Ferguson asked that Mr. Slauto address the commission and not staff. The commission members were the ones making the decision and suggested that they get to the commission deliberations and hopefully they would have a better understanding of what it is we're doing. He said it was not his intent to have Office Professional all the way to the Grove, or to Fred Waring. MR. GARY LOHMAN, 44-835 Deep Canyon Drive, the co-owner of the corner parcel in question. He said they were recently rezoned to Office Professional. He was in favor of the request and felt this was the right thing for the city to do. He said they hoped to attract a single developer to come in with a precise plan for all the properties. That would be the ideal condition. He said there was a natural line at the back of Lucky's that said "this is the end of commercial". Regarding earlier an earlier question about why this last lot was included and Mr. Lohman explained that there is a triangular piece at Hidden Palms that sort of angles over and looks like it is annexed to that lot as well. At this point in time he felt that were a good number of lots to rezone and it would give them critical mass that a developer might be interested in. Commissioner Beaty noted that Mr. Lohman said there was an obvious line at the north end of the Lucky's development that designates the end of commercial. Mr. Lohman agreed. Commissioner Beaty clarified that they were not talking about commercial. Mr. Lohman concurred. He felt that in general people either viewed uses as commercial or residential from the general public. He didn't know if people really identified Office Professional as a different use. To them it was residential or just broadly called commercial. He understood that the application tonight was for Office Professional. MS. LEE FISHER, 44-775 Deep Canyon, stated that she was the second house from Mr. Lohman's. She said that since Lucky's has been built they have considered the rezoning. They met with the neighbors and decided to try and get the rezoning as a whole package instead of one at a time. She felt it was the best thing for all of them and hoped the commission would approve the request. MR. BRUCE PETTINGELL, 44-805 Deep Canyon, the lot next to Mr. Lohman's, stated that he was here to request that the commission approval the zone change and general plan amendment. 36 1 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Chairperson Ferguson closed the public hearing and asked for commission comments. Commissioner Campbell stated that since most of the neighbors were in favor of the change of zone, she would be in favor of the change of zone. Commissioner Beaty said it was interesting that at the last commission meeting during discussion on the Lowe proposal it was pointed out that there was a 22% occupancy rate in Office Professional and only an 8% occupancy rate in retail, yet they had already approved one lot for office use and now were considering more. He said they would let the market decide whether that was a smart move or not. He was in favor of the change. Chairperson Ferguson stated that he was also in favor, but want to draw a bright boundary line. Mr. Lohman mirrored his thinking. He felt the back end of the Lucky's center did delineate about as north as he would ever want to go with commercial along Deep Canyon. The Office Professional use has historically acted as a buffer between commercial and residential and he could see the three in question to serve as a visual buffer, but wasn't sure if he was building a home that he would want to look at the side of a Lucky's grocery store. Maybe to a larger extent inclusion of the fourth lot because of the line of sight. He stated that he would hate to see the city go any further north than that with office professional. There was an office professional corridor on Fred Waring and there was a higher vacancy rate and they were not creating offices here, they were allowing the property owners to do so if they feel the market would sustain it. He stated that he would support it as a buffer, but no farther north. He clarified that that was the point he was alluding to earlier. He didn't want to see this go any farther north than the back end of the Lucky's center. Action: It was moved by Commissioner Campbell, seconded by Commissioner Beaty, approving the findings as presented by staff. Carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1822, recommending to City Council approval of GPA 97-5 and C/Z 97-10. Carried 3-0. CHAIRPERSON FERGUSON CALLED A FIVE MINUTE RECESS AT 9:18 P.M. THE MEETING WAS RECONVENED AT 9:23 P.M. 37 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 5, 1997 CASE NO: GPA 97-5 / C/Z 97-10 REQUEST: Approval of a General Plan Amendment from medium density residential to office professional and Change of Zone from R-1 13,000 to Office Professional (O.P.), for four properties located on the West side of Deep Canyon Road, starting 217 feet north of Alessandro Drive. APPLICANT: City of Palm Desert 73-510 Fred Waring Palm Desert, CA 92260 I. BACKGROUND: The above request is being considered for four properties located on the West side of Deep Canyon, starting with the second parcel North of Alessandro, extending a total of four parcels along Deep Canyon. All parcels have single family residences, except the northern most parcel or the fourth parcel, which is vacant. To the South, the properties are adjacent to two recently rezoned Office Professional parcels, which were consistent with the 1984 Palma Village Specific Plan. To the North and West the properties are adjacent to R-1 zoned property and to the East, the new Lucky's supermarket and the Hidden Palms condominiums project exist. As a result of the recently rezoned office professional properties to the south (Godecke & Lohman properties) and the development of the Lucky's commercial center, the subject property owners submitted a formal request to rezone their properties from R-1 (13,000) to Office Professional. In order to make the zoning consistent with the General Plan, on June 3, 1997, Commission directed staff to proceed with the General Plan Amendment and the Change of Zone request for the subject properties. A. ADJACENT ZONING AND LAND USE IN CHART FORM: North: R-1 13,000 / Residential South: O.P. / Office Professional (Lohman Zone Change, Approved lftw '%woof STAFF REPORT GPA 97-5 / C/Z 97-10 AUGUST 5, 1997 7-10-97 by C.C. East: P.C. 2 / District Commercial / P.C. 2 (Lucky's) West: R-1 13,000 / Residential B. EXISTING / PROPOSED GENERAL PLAN LAND USE DESIGNATION: Medium Density Residential 5-7 d.u./acre / Office Professional II. DISCUSSION A. GENERAL PLAN AMENDMENT (Medium Density Res. to Office Professional) The proposed general plan amendment would change the land use designation from medium density residential (5-7 d.u./acre) to office professional. In 1984, the City Council approved the Palma Village Specific Plan which designated properties to the south of the subject properties as office professional. These two properties directly south were recently rezoned to Office Professional in order to make the zoning consistent with the Palma Village Specific Plan. These two properties were to serve as buffers between the Commercial core along Highway 111 and the single family residences to the north. As a result of the recent commercial development directly to the East, the single family residences have been impacted along Deep Canyon. The general plan amendment is required to allow the change of zone to occur and make the zoning consistent with the general plan. B. CHANGE OF ZONE (R-1 14,000 to Office Professional) The change of zone requested would change the subject four properties zoning from R-1 (13,000) to Office Professional. The change of zone will be consistent with the properties to the south and the requested general plan designation of office professional. III. ANALYSIS: A. FINDINGS FOR APPROVAL OF A GENERAL PLAN AMENDMENT 1 . The Deep Canyon Road and Highway 111 areas have recently been an area of transition. With the recent construction of the Lucky's Market and the gas station/market along Deep Canyon, nearby property have become less attractive for single-family residential land use. 2 STAFF REPORT GPA 97-5 / C/Z 97-10 AUGUST 5, 1997 2. The land use amendment to office professional is consistent with the long term land use of the area. B. FINDINGS FOR APPROVAL OF A CHANGE OF ZONE: 1 . The proposed change of zone is consistent with the policies of the adopted Palm Desert General Plan. The change of zoning to Office Professional will be consistent with the proposed General Plan designation of Office Professional. 2. The land use resulting from the change of zone will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. • Future uses as allowed by the zone change will be compatible with adjacent land uses and thus will not be detrimental to property values. C. ENVIRONMENTAL REVIEW The Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA and no further documentation is required. IV. RECOMMENDATION: That the Planning Commission recommend approval of GPA 97-5 and C/Z 97-10 to the City Council, subject to conditions. V. ATTACHMENTS: A. Draft Resolution B. Exhibit A (GPA, C/Z Map) C. Legal notice D. Subject prop rty owner's letter Y Prepared b : p artin Alvarez Reviewed and A roved b : �. pp Y - Philip rell 3 *"We 'fto' PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL AND A CHANGE OF ZONE FROM R-1 13,000 TO OFFICE PROFESSIONAL FOR PROPERTIES LOCATED ON THE WEST SIDE OF DEEP CANYON ROAD, STARTING TWO PARCELS NORTH OF ALESSANDRO EXTENDING A TOTAL OF FOUR PARCELS. CASE NO. GPA 97-5 / C/Z 97-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of August, 1997, hold a duly noticed public hearing to a consider a request by CITY OF PALM DESERT of the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105," in that the Director of Community Development has determined that the project will be a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary; 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 Planning Commission did find the following facts and reasons to exist to justify recommending approval of the genreal plan amendenment and the change of zone to the City Council: GENERAL PLAN AMENDMENT 1 . The Deep Canyon Road and Highway 111 areas have recently been an area of transition. With the recent construction of the Lucky's Market and the gas station/market along Deep Canyon, nearby property have become less attractive for single-family residential land use. 2. The land use amendment to office professional is consistent with the long term land use of the area. CHANGE OF ZONE: 1 . The proposed change of zone is consistent with the policies of the adopted Palm Desert General Plan. 2. The land use resulting from the change of zone will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. r ✓ 'ftme PLANNING COMMISSION RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of General Plan Amendment 97-5 and Change of Zone 97-10 be recommended to the Council for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of August, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. GPA 97-5, C/Z 97-10 Department of Community Development: 1 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 2. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Review Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 3. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 4. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF, School Mitigation and Housing Mitigation fees. 5. Properties shall conform to setbacks and standards in Section 25.25 of the City's Zoning Ordinance. 3 GEN. PLAN AMEND./ CHANGE OF ZONE � — .c NIOOCl� I} *ALAS NORTH i► �11 Ir-z` l Y Z• �. f ' s R 1 � � � � 1110M�Cfl i � • I .'yam o ; I �r RSlL z T C y- GPA Medium Density to s r Office Professional { 3 t C/Z R-1 13,000 to R - •13 / ' ` Lb Office Professional >'I Rry P.C. (2) t41 s .� HWY 111 . a C 1 , s . p . �• a sip . DATE CASE No. GPA 97-5, C/Z 97-10 EXHIBIT A City of Pala Desert 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)341-7098 July 18, 1997 LEGAL NOTICE CASE NOS.:GPA 97-5 and C/Z 97-10 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by THE CITY OF PALM DESERT to amend the General Plan land use element from high density residential to office professional and to amend the zoning from single family residential(R-1)to office professional(O.P.)as each applies to four lots on the west side of Deep Canyon Road 217 feet north of Alessandro Drive, more particularly described as: A.P.N.625-075-005,006&007,625-093-007 PAL' C NORTH ` t" 0 AY AT_� ( 1< 7 ` S ( Iv Q aR\1 1 -_J IMONACO �01 � I 1 < t I S l-!S.L L + c i ' SITE < 3( ' _ R_ 4 1.C 5 S A M 0 R 0 0 R I V - 1 s ` HWY 111 W I � c-�l . s-P . SAID public hearing will be held on Tuesday,August 5, 1997,before the Palm Desert Planning Commission at 7:00 p.m.in the Council Chamber at the Palm Desert City Hall,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission at,or prior to,the public hearing. PUBLISH: Desert Post PHILIP DRELL,Secretary July 17, 1997 Palm Desert Planning Commission i June 2, 1997 RECEIVED City of Palm Desert Palm Desert Planning Commission JUN - 3 1997 73-510 Fred Waring Drive Palm Desert, California 92260-2578 COMMUN"DEVELOPMENT DEPARTMENT Attention: Philip Drell CfTYOF PALM DESERT Director of Community Development Dear Mr. Drell: Due to the recent construction of the Lucky Shopping center, the commencement of construction for a service station on the Corner of Deep Canyon and Highway 111, along with the request of the Andrew Pierce Corporation/Gary Lohman to change the zoning of 44-835 Deep Canyon, the property owners listed herein wish to propose a formal request at this time for a Change of Zone from R-1 to C-1. Bruce & Doris Pettingill 44-805 Deep Canyon Rd. William & Lee Fischer 44-775 Deep Canyon Rd. Gerrit & Carlene Goudswaard 44-755 Deep Canyon Rd. together with adjacent North lot. Please advise by return mail the procedure necessary on the part of ove Pak5ties to commence this action. ruce Pe tingil Date Doris Pettingill Date 27 W' F' c 'er Date L Fischer Date GerrA Gou4swaard Date Carlene Goudswaard Date Correspondence should be directed to Bruce Pettingill at 44-805 Deep Canyon Road. We look forward to your earliest response. 4 GEN. PLAN AMEND./ CHANGE OF ZONE cc NiooCI (} P L'� C NORTH 0 �+E,e L`c�. Y Is - R 1oft , MOM ACO 1-M.E � i 1 - - - �J� * o t >- GPA Medium Density lo► to f r ` Office Professional t C/Z R-1 13,000 W to R • R -13 1 Office Professional A1.. ( 3SAXDA0 ORIVE P.C. (2� - 1 s � J i I4 HWY Ill [fl C l , s . p . ' C- a s4P . DATE CASE No. GPA 97-5, C/Z 97-10 EXHIBIT A PROOF OF PUBLI�PION County C' A 's Filing Stamp (2015.5 C.C.P) Nwe STATE OF CALIFORNIA, County of Riverside, ----------------------------------------- I am a citizen of the United States Proof of Publication of and a resident of the County afore- said; I am over the age of eighteen LEGAL NOTICE years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the PALM DESERT POST a newspaper of general circulation, _ printed and published weekly in the CM OF PMA 096W City of Palm Desert, Cathedral City, CJ►W sw** 29710 and Rancho Mirage, County of Wo oo 04 Riverside, and which newspaper has decara4stelkWt'ot�r� � been adjudged a newspaper of generalterwrminkrit to sra circulation by the Superior Court of *M, _ the County of Riverside, State of � California, under the date of "" °�' ` " - am yr OWN"ax October 5, 1964, Case Number 83658, �' �e0a001 that the notice, of which the S annexed is a printed copy .m. the t;in mra r at>wrom 0"Wt, • (set in type not smaller than nonpareil ) , "Firms _ has been published in each regular and ,isanOpmce� iaa rktl�r,t #.` entire issue of said newspaper and not in a thrs c��i► be 9 i ID any supplement thereof on the following � :> dates, to-wit: ± 00 JU � Wd LY 17. 1997 idea+ I certify (or declare) under penalty xrt 'C of perjury that the foregoing is true >Mts ra�oe•nr�ate}t�rres and correct. arrco + ►►. p . * ' Dated at pahn Dowt Palm Desert, California (Pub.D.P.J* this 17TH DAY OF JULY 1997 Sign ure ! City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 July 18, 1997 LEGAL NOTICE CASE NOS.: GPA 97-5 and C/Z 97-10 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by THE CITY OF PALM DESERT to amend the General Plan land use element from high density residential to office professional and to amend the zoning from single family residential(R-1)to office professional (O.P.) as each applies to four lots on the west side of Deep Canyon Road 217 feet north of Alessandro Drive, more particularly described as: A.P.N. 625-075-005, 006 & 007, 625-093-007 = Z �► W S - X NIOOCt� I> PAL* C NORTH _ _ 0 ;� cv Lo`c� •� t I r. C I MONAC13 i � • t � 1 - - � o SITE 3f R - 4 R -�13-( , 41 s ` .� t' � t4w HWY I MI Cl , s . p . C- o sop . SAID public hearing will be held on Tuesday,August 5, 1997,before the'Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive,Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary July 17, 1997 Palm Desert Planning Commission June 2, 1997 RECEIVED City of Palm Desert - 3 1997 Palm Desert Planning Commission JUN 73-510 Fred Waring Drive Palm Desert, California 92260-2578 COMMUNITY DEVELOPMENT DEPARTMENT Attention: Philip Drell CITY OF PALMCESERT Director of Community Development Dear Mr. Drell: Due to the recent construction of the Lucky Shopping center, the commencement of construction for a service station on the Corner of Deep Canyon and Highway 111, along with the request of the Andrew Pierce Corporation/Gary Lohman to change the zoning of 44-835 Deep Canyon, the property owners listed herein wish to propose a formal request at this time for a Change of Zone from R-1 to C-1. Bruce & Doris Pettingill 44-805 Deep Canyon Rd. William & Lee Fischer 44-775 Deep Canyon Rd. Gerrit & Carlene Goudswaard 44-755 Deep Canyon Rd. together with adjacent North lot. Please advise by return mail the procedure necessary on the part of ove ties to commence this action. / �27 -a - ruce Pe tingil Date Doris Pettingill Date 27 W' � c `er Date L I Fischer Date Gera' Go` swaard Date Carlene Goudswaard Date Correspondence should be directed to Bruce Pettingill at 44-805 Deep Canyon Road. ate"" We look forward to your earliest response. 625 072 008 625 072 013 625 072 014 Elsie&Danae Meyer Daniel Margaretis Lewis Bishop&Marilyn Bishop 44700 Santa Margarita Ave 44615 San Onofre Ave 44645 San Onofre Ave Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 625 072 015 625 072 019 625 072 020 Stephen Kallejian&Elvira Kallejian Darell Little& Gail Little Thomas Carney 44675 Ramona Ave 44600 San Onofre Ave PO Box 13276 Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92255 625 072 024 625 075 002 625 075 003 Myrleen Mandic Tony Gonzales&Tracy Hall Frank Ortega& Soledad Ortega 74619 Gary Ave 44770 Ramona Ave 44655 Deep Canyon Rd Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 625 075 004 625 075 006 625 075 007 Mario Lopez&Dora Lopez Gerrit Goudswaard& Carlene Goudsw William Fischer&Lee Fischer 20912 Quail Run Dr 44755 Deep Canyon Rd 44775 Deep Canyon Rd Walnut, CA 91789 Palm Desert, CA 92260 Palm Desert, CA 92260 625 093 002 625 093 003 625 093 006 Larry& Susan Lynn Ditchkus Joseph Weinstein Marion Kenny 4825 Fir Ave 550 S Hill St#1000 44835 Deep Canyon Rd Seal Beach, CA 90740 Los Angeles, CA 90013 Palm Desert, CA 92260 625 093 007 625 093 008 625 095 006 Edwin Pettingill&Doris Pettingill Dennis Godecke&Tina Godecke Jonni Maria&Christopher Haig Bash 44805 Deep Canyon Rd 44875 Deep Canyon Rd#1 45466 Garden Sq Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 625 095 007 625 100 004 625 100 015 John Bash&Gloria Yorty AMERICAN STORES PROP INC AMERICAN STORES PROPERTIES I 74450 Us Highway I I I PO Box 27447 PO Box 27447 Palm Desert, CA 92260 Salt Lake City,UT 84127 Salt Lake City,UT 84127 625 420 029 625 420 030 625 420 031 William&Deanna Young Jeffrey Frisco&Joyce Frisco Walter Kempf 44665 Monaco Cir 77575 Robin Rd 44655 Monaco Cir Palm Desert, CA 92260 Palm Desert, CA 92211 Palm Desert, CA 92260 625 420 032 625 420 033 625 420 034 Ellsworth Engilman Tommy Hoffman&Eileen Hoffman Cosmo&Katherine Tripoli William Car Hamilton 7232 Pomelo Dr 44641 Monaco Cir 44651 Monaco Cir West Hills, CA 91307 Palm Desert, CA 92260 Palm Desert, CA 92260 625 420 035 625 420 036 625 420 047 Alex Sherman Family Trust Anglemyer Robert&Jennifer Ellis 18591 Hillhaven Dr 1251 S Sandyhill Dr 11030 Wagner St Santa Ana, CA 92705 West Covina, CA 91791 Culver City, CA 90230 625 420 048 625 420 065 Richard Newsom HIDDEN PALMS HOMEOWNERS A PO Box 1321 PO Box 792 Yucca Valley, CA 92286 Rancho Mirage, CA 92270 SEC. 2/ T. 55. 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