Loading...
HomeMy WebLinkAboutZOA 85-1 HILLSIDE DEVELOPMENT 1985 r CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: PLANNING COMMISSION FROM: DEPARTMENT OF ENVIRONMENTAL SERVICES DATE: JUNE 18, 1985 SUBJECT: REVISED RESOLUTION FOR ZOA 85-19 COMMERCIAL DEVELOPMENT IN HILLSIDES. As you recall the planning commission adopted Planning Commission Resolution No. 1037 on May 7, 1985, regarding development in hillside areas of commercial and industrial zones. Through an oversight, the PC (planned commercial) zone restrictions which were discussed at prior meetings along with the C-1 and S.P. zone restrictions was left out of the resolution. Therefore, staff has prepared a corrected resolution for adoption. RECOMMENDATION: Adopt revised Planning Commission Resolution No. , recommending approval of ZOA 85-1 to city council. 4 ON A. Z DIRECTOR OF ENVIRONMENTAL SERVICES RAD/SBS/tm PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing and continued public hearing on April 2, April 16, and May 7, 1985, to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of June, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am Y a ti PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.26.020 is hereby recommended to be added: 25.26.020 RESTRICTION OF HILLSIDE USE IN ALL COMMERCIAL ZONES: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.040 C is hereby recommended to be added: 25.28.040 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.28.030 when such parcel contains any hillside area as set forth in 25.26.020. Section 25.32.020 is hereby recommended to be added: 25.32.020 RESTRICTION OF HILLSIDE USES IN ALL INDUSTRIAL ZONES: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.050 (C) is hereby recommended to be added: 25.34.050 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.34.030 or any accessory uses as set forth in 25.34.040 when such parcel contains any hillside area as set forth in 25.32.020. -2- 1 PLANNING COMMISSION RESOLUTION Section 25.030.026 is hereby recommended to be added. 25.30.026 PROHIBITED USES: Any permitted use set forth in 25.30.020 and 25.30.025 when such parcel contains any hillside area as set forth in 25.26.020. -3- N UJ ORDINANCE NO. 428 Lo m N a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <� OF PALM DESERT, CALIFORNIA, APPROVING AN J CV w°a' AMENDMENT TO THE ZONING ORDINANCE TEXT VIA �, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF aO V COMMERCI-AL—A-N DUSTRIAL ZONES. �q Case o. ZOA 85-1 ir-J Z U W O WHEREAS, the City Council of the City of Palm Desert, California, did on the llth day of July, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in hillside areas of commercial or industrial zones; and WHEREAS, the planning commission by Resolution No. 1037 has recommended approval; and WHEREAS said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89;' in that the director of environmental services has determined the project is a class 5, categorical exemption and, therefore, no further documentation is deemed necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, \ safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a zoning ordinance text amendment per the attached exhibit 'A.' 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, and circulated in the City of Palm Desert, California, and shall be in published a tY p full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City y � Council, held on �this llth day of Jul 1985, by the following vote, to wit: AYES: BENSON, JACKSON, WILSON, KELLY do SNYDER NOES: NONE ABSENT: NONE //�� /,• ABSTAIN: NONE WALTER H. SNYDER, Maygr I T: SHEILA R. GIL AN, City k City of Palm Desert, California Am i ORDINANCE NO. 428 EXHIBIT 'A' CASE NO. ZOA 85-1 Section 25.26.020 is hereby added: 25.26.020 RESTRICTION OF HILLSIDE USE IN ALL COMMERCIAL ZONES: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.040 C is hereby added: 25.28.040 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.28.030 when such parcel contains any hillside area as set forth in 25.26.020. Section 25.32.020 is hereby added: 25.32.020 RESTRICTION OF HILLSIDE USES IN ALL INDUSTRIAL ZONES: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the .County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.050 (C) is hereby added: 25.34.050 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.34.030 or any accessory uses as set forth in 25.34.040 when such parcel contains any hillside area as set forth in 25.32.020. _ I E � ORDINANCE NO. 428 Section 25.030.026 is hereby added: 25.30.026 PROHIBITED USES: Any permitted use set forth in 25.30.020 and 25.30.025 when such parcel contains any hillside area as set forth in 25.26.020. CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: PLANNING COMMISSION FROM: DEPARTMENT OF ENVIRONMENTAL SERVICES DATE: JUNE 18, 1985 SUBJECT: REVISED RESOLUTION FOR ZOA 85-1, COMMERCIAL DEVELOPMENT IN HILLSIDES. As you recall the planning commission adopted Planning Commission Resolution No. 1037 on May 7, 1985, regarding development in hillside areas of commercial and industrial zones. Through an oversight, the PC (planned commercial) zone restrictions which were discussed at prior meetings along with the C-1 and S.P. zone restrictions was left out of the resolution. Therefore, staff has prepared a corrected resolution for adoption. RECOMMENDATION: Adopt revised Planning Commission Resolution No. , recommending approval of ZOA 85-1 to city council. �I�I�ONA ! DIRECTOR OF ENVIRONMENTAL SERVICES RAD/SBS/tm } PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing and continued public hearing on April 2, April 16, and May 7, 1985, to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of June, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am J PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.26.020 is hereby recommended to be added: 25.26.020 RESTRICTION OF HILLSIDE USE IN ALL COMMERCIAL ZONES: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.040 C is hereby recommended to be added: 25.28.040 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.28.030 when such parcel contains any hillside area as set forth in 25.26.020. Section 25.32.020 is hereby recommended to be added: 25.32.020 RESTRICTION OF HILLSIDE USES IN ALL INDUSTRIAL ZONES: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.050 (C) is hereby recommended to be added: 25.34.050 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.34.030 or any accessory uses as set forth in 25.34.040 when such parcel contains any hillside area as set forth in 25.32.020. -2- PLANNING COMMISSION RESOLUTION Section 25.030.026 is hereby recommended to be added. 25.30.026 PROHIBITED USES: Any permitted use set forth in 25.30.020 and 25.30.025 when such parcel contains any hillside area as set forth in 25.26.020. -3- CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding new code sections which would prohibit development in hillside areas of commercial and industrial zones. APPLICANT: City of Palm Desert CASE NO: ZOA 85-1 DATE: June 27, 1985 CONTENTS: A. Staff recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 85-1. E. Planning Commission Resolution No. 1037. F. Planning Commission Staff Report dated May 7, 1985. G. Related maps and/or exhibits. ----------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: This amendment has been initiated in order to comply with the city measure that was passed by the voters in November, 1984. That measure precludes commercial use and/or development in the hillside areas of the city. This amendment, as proposed, would affect all commercially or industrially zoned property in the hillsides except the McMillan property which has been rezoned to HPR (hillside planned residential). The planning commission at the meeting of May 7, 1985, adopted the proposed amendment on a 4-0 vote, with Commissioner Richards absent. Due to some technical errors a revised resolution was adopted on June 18, 1985, clarifying the amendment. However, the intent of the planning commission adoption on May 7, 1985, was not changed. Public hearings were also held on March 5, April 2, and April 16. Those postponements were to survey the owners of the affected properties and allow for city attorney review. The property owners (Mike Moss, Paul Moller, RB Furniture, and PD 111, Inc.) had no objections provided they were permitted to develop their property below the base or toe of the hillsides. The amendment, as proposed, would permit such development. Reviewed and Approved by SBS/tm ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT• TO THE ZONING ORDINANCE TEXT REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. Case No. ZOA 85-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of June, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in hillside areas of commercial or industrial zones; and WHEREAS, the planning commission by Resolution No. 1037 has recommended approval; and WHEREAS said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined the project is a class 5, categorical exemption and, therefore, no further documentation is deemed necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a zoning ordinance text amendment per the attached exhibit 'A.' 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Am ORDINANCE NO. EXHIBIT 'A' CASE NO. ZOA 85-1 Section 25.26.020 is hereby added: 25.26.020 RESTRICTION OF HILLSIDE USE IN ALL COMMERCIAL ZONES: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.040 C is hereby added: 25.28.040 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.28.030 when such parcel contains any hillside area as set forth in 25.26.020. Section 25.32.020 is hereby added: 25.32.020 RESTRICTION OF HILLSIDE USES IN ALL INDUSTRIAL ZONES: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.050 (C) is hereby added: 25.34.050 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.34.030 or any accessory uses as set forth in 25.34.040 when such parcel contains any hillside area as set forth in 25.32.020. ORDINANCE NO. Section 25.030.026 is hereby added: 25.30.026 PROHIBITED USES: Any permitted use set forth in 25.30.020 and 25.30.025 when such parcel contains any hillside area as set forth in 25.26.020. MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 C. Continued Case No. ZOA 85-1)- CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or industrial zones in hillside areas. Mr. Sawa explained that the amendment was a result of the past election and that the resolution before the commission had been prepared with the recommendations from the city attorney. Staff recommended approval. Chairman Crites opened the public testimony. There being none, the public testimony was closed. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1037, recommending to city council adoption of ZOA 85-1. Carried 4-0. A. _ _ _ _ Case No. GPA 85-2.- CITY OF PALM DESERT, Applicant Request for recommendation concerning the proposed Palma Village Specific Plan and associated Negative Declaration of Environmental Impact which sets forth uture land use policies in the area generally described as b tween Highway I I I and Fred Waring Drive, Deep Canyon Rod and Monterey Avenue, Monterey Avenue and Fairli ven Drive and Rancho Road Circle. Mr. Drell sumrn ized letters that had been received. He named the members of the Palma Village itizens' Advisory Group and thanked them for their hard work. The commission endo their thanks. Mr. Drell outlined the c anges that were a result from input by the citizens at the last planning commission eeting. Chairman Crites opened the blic hearing and asked for testimony. MR. KIGER BARTON, 4 519 San Anselmo, expressed concern with there not being a large enough gmand for senior housing and asked what would happen if a senior project d{{d not succeed. Mr. Drell replied that these projects are not normally conberted into any other type of housing because of the cost involved in conve , ion. Chairman Crites noted that if the project was reverted, it would h ve to comply with standards as if it was a new project just being built. MR. FRANZ TIRRE, member of the', alma Village committee, stated that whatever senior housing is developed O'\nded uperior and felt that it would benefit the city. He indicated thatrea was excellent for senior housing because of the senior center, anmended the planning staff. MRS. GEORGIA BARTON, 44-519 Sanino, asked for clarification of reversion to R-1. Mr. Drell replied tdeveloper has the option of using R-1 or Senior Overlay. He explai it would be very difficult to convert once a senior project. MRS. KATHLEEN KOPP, 44-870 Cabroke concerning the two story construction on Alessandro. She indtha with the land fill for drainage purposes, that makes two sevelop ents seem like three story. She felt that the day care centelessand Drive must be six to eight feet higher. Mr. Cabiay of the.department of blic works responded that the new grading ordinance allows a maximum of thV a feet of fill. -3- MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 VII. PUBLIC HEARINGS A. Continued Case No. ZOA 85-1 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. Mr. Sawa outlined the staff report and explained the changes recommended by the city attorney. He noted that the proposed resolution had been revised to reflect those changes and recommended adoption of the resolution. Commissioner Richards expressed concern over determination of total slope when more than one slope is in a particular area and stated that if the commission follows what the city attorney suggested it would mean that the total slope would refer to the first slope. Mr. Sawa replied that in each case a determination would be made as to where the toe of each slope was located and that if more than one slope was involved, it would provide some leeway for interpretation. Chairman Crites suggested the addition of the word "future" be inserted in front of development (i.e. Mr. Moller would be made legal non-conforming" so that lie could not rebuild). Commissioner Richards noted that if Mr. Moller's nursery is changed to a different zoning - the planning commission would not want to allow legal non- conforming if commercial zoned. He indicated that the property is a flat piece of land that is not in the hillside and wanted a clear definition of what is permitted. Mr. Diaz suggested a two week continuance for a study session item. Chairman Crites opened the public testimony and requested a motion of continuance. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to continue Case No. ZOA 85-1 as a May 7, 1985, study session item. Carried 4-0. B. - - CITY OF PALM DESERT, Applicant 7Requestfor approval of an amendment to the Municipal apter 25.68, concerning the regulation of signs. Mr. Swed the background of the case and stated that the resolution would be ad to the previously approved resolution from February and then sent to the city coun d. Staff recommended adoption of the resolution. Chairman Crites OD the public testimony.' MR. LEE HAVE\commu Choctau Circle, general manager of the Palm Desert Town gested that the planning commission allow themselves to cation for the sign criteria, tie felt the present ordinance was re MR. ROBERT Golden State Sign Systems, stated that signage effects the wholty and encouraged the planning commission to keep the fertile atmosphere & the past. Chairman Crites closed the public tesw\th Commissioner Richards asked if staffeen the proposed sign for the Palm . Desert Town Center. Mr. Smith outlineign design and request. MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 1985 Action: Moved by Com issioner Richards, seconded by Erwood, to approve the consent calendar by mi ute motion. Carried 3-0. V11. PU13LIC HE RINGS Moved Commissioner Richards, seconded by Commissioner Erwood, to suspend the a nda. Carried 3-0. Mo ed by Commissioner Richards, seconded by Commissioner Erwood, to consider Ite blic hearing item. Carried 3-0. C. Continued Case N . ZOA 85-1 CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or industrial zones in hillside areas that are an average 1096 or greater in slope. Chairman Crites explained that the matter would be continued to receive a definition of explanation regarding the wording in the proposition and that a meeting would be held between staff and the city attorney. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, to continue ZOA 85-1 to the meeting of April 169 1985. Carried 3-0. se4*k.-E;13A40-e 1TY OF PALM DESERT, Applicant Request for recommendation concerning the proposed Palma Village Specific Plan and associated Negative Declaration of Environmental Impact which sets forth future land use policies in the area generally described as etween Highway I II and Fred Waring Drive, Deep Canyon RN d and Monterey Avenue, Monterey Avenue and Fai raven Drive and Rancho Road Circle. Mr. Drell gav a video presentation which showed the area that would be affected by the propose mendment. Mr. Michael Cris chairman of the Palma Village Specific Plan committee explained the philosd by of the committee regarding the needs of the area. Mr. Drell indicated thN he would take one area at a time and, if permissible, public testimony would b6 taken for each section as it was discussed. AREA 1: Fred Waring Driv from Portola to Monterey noth and south on Monterey to Guadalupe and up to Fairviely. Chairman Crites open the pub testimony. MR. HAROLD DOIDGE, 73-`141 Fred Waring; MR. JAY WALLEN, owner of six units on Fred Waring;\MR. JAMES SHAVER, 73-041 Guadalupe; expressed concern regarding tli�, future of present homeowners, buffers for existing and future developments completion of landscaping and cul-de-sacs the streets that would be effected, and leaving the zoning as it is on the east side of Monterey Avenue from%rkred Waring south to Highway 111. AREA 2: Monterey Avenue, south of the M Allister property to Highway III east to Las Palmas Avenue. -2- MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 1985 that lie was not just trying to set himself up for a lawsuit that would say you \ have taken the property, now pay us. lie did not want to see his clients to go through another measure and election. He stated that he was not ,advocating a decision in favor of one way or another and if the commission Could come up with a plan that was economically feasible, his clients' intent was to develop the property. He asked that the commission consider whether this is what the citizens want. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to',the case. Mr. Frank tittle, 72-949 Bel Air, stated that he felt that the citizen's in the city who voted to pass Measure E would be opposed to any type of development and that it would detract from Palm Desert. lie stated his opposition and fWt that other people would also. MS. KAY CRAIG; 72-992 Bel Air, indicated that she was a 12 month resident. She stated that she was against any type of development and indicated that possible hillside slippage could be dangerous. She did not want to see Palm Deset�t become a little Hong Kong. Chairman Crites closed the pub1llp testimony. Commissioner Richards noted th� the applicant could have initially proposed a variety of types of developments. \Mr. Diaz indicated that the applicants would still have had to go through the put3tic hearing process. Commissioner Richards indicated that the hillside site was vl�ible from many locations. Mr. Diaz noted that residential zoning requires differen findings than a restaurant. Mr. Diaz noted that some voters might b0a'\opposed to any type of development, but stated that it could not be presupposed. Hd indicated that if a group of citizens try to put another issue on the ballot to stop any building on the hillsides, it would have to be considered. Commissioner Richards asked about the possible impacts on adjacent hillside property owners and if rezoning would keep fbe zonings consistent. Mr. Diaz indicated that the zoning would have to conform i the amended hillside ordinance. Commissioner Erwood noted that the voters told th commission what they wanted the land to be rezoned as. Commissioner Wood stated that he could sympathize ith Mr. Romer on whether the land would be developable or not. He felt that i this case the responsible thing to do would be to approve the rezone and mov the case up to the city council. The attorney stated that at that time the city c ncil could approve this. Chairman Crites indicated that the voters did not want commercial, but that nothing else could be presumed. Action: Moved by Commissioner Richards, seconded by Commissioner W d, to approve the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner od, to adopt Planning Commission Resolution No. 1030, recommending to city co cil approval of GPA 85-1 and C/Z 85-1. Carried 5-0. D. Case No. ZOA 85-1.)CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 1096 or greater in slope. -4- MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 1985 Mr. Sawa reviewed the staff report and stated that the request was to add a code section which would prevent development or use in commercial or industrial zones. Staff recommended that the new amendment to the code be added as Section 25.56.480, Development or Use Restrictions in Commercial or Industrial zones. He stated that this change should not effect any existing development. Commissioner Richards noted that a large portion of the land affected was owned by Mr. Moller and asked if lie had been notified of this possible change. Mr. Sawa answered that Mr. Moller had not been notified. Commissioner Richards indicated that Mr. Moller might be affected by the change because he utilizes the land for potted plants on part of his hillside property and asked Mr. Sawa how steep the proposed ten percent would be. Mr. Sawa stated that Highway 74 has an average slope of six percent (6%). Commissioner Richards felt that Mr. Moller should have been notified. Commissioner Downs suggested continuing the case pending notification. Commissioner Wood agreed. Chairman Crites indicated that the proposed change was a direct result of the election. Commissioner Downs felt that out of courtesy Mr. Moller should be notified. Chairman Crites indicated that staff could contact Mr. Moller and visit the site and explain the uses to Mr. Moller. Mr. Patterson felt that would be acceptable. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, to continue the case to the meeting of April 2, 1985. Carried 4-0-1 (Commissioner Wood abstained.) 71. M15CELLA CL7IIS TEEMS 1. Chairman Crites felt the commission should entertain a minute motion for an initial consultation between staff and the College of the Desert to discuss a traffic study regarding impacts from the cultural center, library, golf academy, hotel, etc. ommissioner Wood informed the commission that CVAG was presently siud the traffic problems and impacts on the Coachella Valley and asked if st fg would be working the CVAG also. Chairman Crites indicated that this w ulldd only be an initial consultation, not the actual study. 2. Commissid er Richards asked about enforcement requirements for roof top signs. Moved by Co missioner Downs, seconded by Commissioner Richards, to have Frank AlIAr give a report on status and actions of roof top signs. Carried 5-0. '1%\ Chairman Crites asked Mr. Diaz about lighted signs in the city. Mr. Diaz answered that lighted si ns are allowed. He mentioned that there had been some discussion regardinj'',banning lighted signs in Palm Desert. i 3. Commissioner Wood note \ that at a previous city council meeting remuneration for planning commissioners was discussed. He asked Mr. Diaz what the status on that was. Ikir. Diaz replied that staff was instructed to find out what other cities were paying their planning commissioners. A letter had been sent to the Le�gue of California Cities requesting that information. i 1 -5- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: May 7, 1985, continued from April 16, April 2, and March 5, 1985. CASE NO: ZOA 85-V REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: This item was continued from April 16, 1985, in order to allow further study of the proposed ordinance at a study session. The commission discussed legal definitions for "hillside" and "toe of slope" which staff will have for the meeting. if. RECOMMENDATION: Staff recommends: A. Adoption of Planning Commission Resolution No. , recommending approval of ZOA 85-1 to city council. III. ATTACHMENTS: A. Staff report dated April 16, 1985. Prepared by4G 6 Reviewed and Approved by Am DJEB/l MEMORANDUM TO: STAN W 2\� PALM DESERT A\� CITY OF � _ _ � \ �1j- FROM. DAVID J. ERWIN O\L DATED: APRIL 12, 1985 APR i 2 1985 RE: HILLSIDE RESTRICTIONS ENVIRONMENTAL SERVICES CITY. OF PALM DESERT Dear Stan: I am enclosing what I would suggest, as ordinance amendments to be utilized with regard to the restriction on commercial and industrial property in hillside zones. You will note that I have tried to provide within the sections some direction as to the definitions to be used. In addition to that, I have tried to cover the recording problem by in all instances of the recording of either the conditional use permit approval or precise plan approval which is involved or potentially involved in all commercial and industrial zones to the extent there is hillside property involved or it is in a couple of the zones. Everything is done by Precise plan. In addition, I believe you ought to take a look at the definition of hillside as set forth in 25 . 04. 365. There is a reference to Chapter 25.52 . That chapter does not exist, at least so far as the Code Book I have is concerned and we probably ought to either delete the definition of hillside there or come up with a more definitive chapter. If you have any questions, give me a call. DJE/vcd -1- DJE8/1 MODIFICATIONS TO PALM DESERT CODES 25 .26. 020 Restriction of Hillside Use in all Commercial ZONES: In all commercial zones, no construction development or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the Planning Commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder' s office in the County of Riverside and such hillside determination shall be binding upon all future owners of the. property. 25 . 28. 030 . K. Any permitted use set forth in 25 .28. 020 when such parcel contains any hillside area as set forth in 25 . 26. 010. 25 . 32 .020 Restriction of Hillside Uses in all Industrial Zones. In all industrial zones, no construction development or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111 . Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the -1- DJE8/1 lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the Planning Commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder' s office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. 25 . 34. 020 M Any permitted use set forth in 25 . 28. 020 when such parcel contains any hillside area as set forth in 25 . 26. 010. DJE/vcd -2- .r+ I CU���' OO nl7f3il 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 7, 1985 CITY OF PALM DESERT LEGAL NOTICE Case No. ZOA 85-1 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an amendment to the Palm Desert Municipal Code, (Chapter 25 - Palm Desert Zoning Ordinance) by adding new code sections which would prohibit construction or development in commercial or industrial zones in hillside areas. SAID Public Hearing will be held on Thursday, June 27, 1985, 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. 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 city council (or planning commission) at, or prior to the public hearing. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post June 14, 1985 Am PROOF OF PUBLICATION This space Is for the Coutfy Clerk's Filing Stamo (201S.5 C.C.P.) e> , r-i M STATE OF CALIFORNIA, .a County of Riverside r' v W I am a citizen of the United States and a CITY OF PAM DESERT resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I am the principal clerk of the printer of the CASE NO. ZOA 85-1 .................................................. DESERT POST DESE ......I.........6............ ...................... EGA NUTWE a newspaper of general circulation, printed D Ciei NPZ6Ab5E ub and published ..BA. weekky. o "' a Ds C�aPI r _ in the City of .,P.alm..D.est'.1.5............. ode a County of Riverside, and which news. om erc paper has been adjudged a newspaper " of general circulation by the Superior DPU a .0 Court of the County of Riverside, State of Pu ` Pa D a 510 Fra a g D California, under the dateof.IQ/.5,., 19 veer i b4,, all 1 4Pa `a. ere O see ac f 365 Case Number .8..365 ,8.......; that the notice, aIAZ j of which the annexed is a printed copy (set P ,.DS 10 IJ in type not smaller than nonpareil), has ° PFe; 985 been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: 2/22 all in the year 19....... 85 I certify (or declare) under penalty of LL�� perjury that the foregoing is true and MAR 7 1995 correct. Dated at.......Palm Desert ENVIRONMENTAL SERVICES CITY OF PALM DESERT California, this..?�na:dayof,;Feb. 1985 / naf re t Free coo Its of this b ton b form may be second from CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles,Calif. 90012 Telephone: (2131625.2541 Plena ranee-,n r y ^q1•",,*tat►oblleotlon when r.♦. ,�-1. 1 ERWIN & ANDERHOLT DAVID J.ERWIN A PROFESSIONAL LAW CORPORATION PALM SPRINGS OFFICE J.JOHN ANDERHOLT 74-090 EL PASEO 960 EAST TAHOUITZ-MSCALLUM WAY JEFFERY S.R.PATTERSON POST OFFICE BOX 789 MICHAEL J.ANDELSON SUITE 203 DOUGLAS S.PHILLIPS PALM DESERT, CALIFORNIA 92261 PALM SPRINGS,CALIFORNIA 92262 GREGORY A.SWAJIAN TELEPHONE(619)568-2611 I CHARLES M.ELLIS TELEPHONE 619 322-2466 LANTSON E.ELDRED JOHN L.SUPPLE CAL MSINTOSH BARBARA E.MRISTAL WILLIAM K.HANLINA J(,� BRIAN F.CAINE .MEMBER BRITISH COLUMBIA,MANITOBAAND May 8/ 1985 MAY 4 .d' CANADIAN BAR.NOT ADMITTED IN CALIFORNIA. Y 1 3 79$5 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Mr. Stan Sawa City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Re : Case No. ZOA 85-1 Dear Stan: I double-checked what I sent to you on the hillside commercial and industrial and, in double-checking, find I made some erroneous references to some sections. I have taken your Exhibit A and marked it up the way it should read and would apologize to you for the error. It does not change the process at all and I believe would not affect the Planning Commission decisions but I would like to get it corrected when it goes to the Council . Yours v truly, J. ERWIN DJE/vcd enclosure c PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.26.020 is hereby recommended to be added: 25.26.020 Restriction of Hillside Use in all Commercial zones: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of tl:e land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. Tile location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests-of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of th:e parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in tl:e County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. 2 �-, y9,oyo e Section r�,.e.� `c•"•) is hereby recommended to be added: Any permitted use set forth in 25.28.0201when such parcel contains any hillside area as set forth in ". ,�• zf: u. a so Section 25.32.020 is hereby recommended to be added: 25.32.020 Restriction of Hillside Uses in all Industrial Zones: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of tl:e slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.026-(M) is hereby recommended to be added: 25.34.0>ig h : 0570 ee Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 2— .�i0. //k -2- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 C. Continued Case NO. �- CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or industrial zones in hillside areas. Mr. Sawa explained that the amendment was a result of the past election and that the resolution before the commission had been prepared with the recommendations from the city attorney. Staff recommended approval. Chairman Crites opened the public testimony. There being none, the public testimony was closed. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1037, recommending to city council adoption of ZOA 85-1. Carried 4-0. A. Continued Case No. GPA 85-2 - CITY OF PALM DESERT, Applicant Request for recommendation concerning the proposed Palma Village Specific Plan and associated Negative Declaration of Environmental Impact which sets forth future land use policies in the area generally described as between Highway 111 and Fred Waring Drive, Deep Canyon Road and Monterey Avenue, Monterey Avenue and Fairhaven Drive and Rancho Road Circle. Mr. Drell summarized letters that had been received. He named the members of the Palma Village Citizens' Advisory Group and thanked them for their hard work. The commission endorsed their thanks. Mr. Drell outlined the changes that were a result from input by the citizens at the last planning commission meeting. Chairman Crites opened the public hearing and asked for testimony. MR. KIGER BARTON, 44-519 San Anselmo, expressed concern with there not being a large enough demand for senior housing and asked what would happen if a senior project did not succeed. Mr. Drell replied that these projects are not normally converted into any other type of housing because of the cost involved in conversion. Chairman Crites noted that if the project was reverted, it would have to comply with standards as if it was a new project just being built. MR. FRANZ TIRRE, member of the Palma Village committee, stated that whatever senior housing is developed will be superior and felt that it would benefit the city. He indicated that this area was excellent for senior housing because of the senior center, and commended the planning staff. MRS. GEORGIA BARTON, 44-519 San Anselmo, asked for clarification of reversion to R-1. Mr. Drell replied that the developer has the option of using R-1 or Senior Overlay. He explained that it would be very difficult to convert once a senior project. MRS. KATHLEEN KOPP, 44-870 Cabrillo, spoke concerning the two story construction on Alessandro. She indicated that with the land fill for drainage purposes, that makes two story developments seem like three story. She felt that the day care center on Alessandro Drive must be six to eight feet higher. Mr. Cablay of the department of public works responded that the new grading ordinance allows a maximum of three feet of fill. -3- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: May 7, 1985, continued from April 16, April 2, and March 5, 1985. CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: This item was continued from April 16, 1985, in order to allow further study of the proposed ordinance at a study session. The commission discussed legal definitions for "hillside" and "toe of slope" which staff will have for the meeting. IL RECOMMENDATION: Staff recommends: A. Adoption of Planning Commission Resolution No. recommending approval of ZOA 85-1 to city council. III. ATTACHMENTS: A. Staff report dated April 16, 1985. Prepared by4:S Reviewed and Approved by Am r PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing and continued public hearing on April 2, April 16, and May 7, 1985, to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of May, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.26.020 is hereby recommended to be added: 25.26.020 Restriction of Hillside Use in all Commercial zones: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of tl:e parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.030 (K) is hereby recommended to be added: 25.28.030 K: Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 25.26.010. Section 25.32.020 is hereby recommended to be added: 25.32.020 Restriction of Hillside Uses in all Industrial Zones: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in tl:e County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.020 (M) is hereby recommended to be added: 25.34.020 M: Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 25.26.010. -2- DJE8/1 MEMORANDUM STAN TO: CITY FwPALM DESERT �������� FROM: DAVI C>�' —�D J. ERWIN DATED: APRIL 12, 1985 APR 12 1"q a5 RE: HILLSIDE RESTRICTIONS ELIVIRONMENTAL SERVICES CITY. OF PALM DESERT Dear Stan: I am enclosing what I would suggest as ordinance amendments to be utilized with regard to the restriction on commercial and industrial property in hillside zones. You will note that I have tried to provide within the sections some direction as to the definitions to be used. In addition to that, I have tried to cover the recording problem by in all instances of the recording of either the conditional use permit approval or precise plan approval which is involved or potentially involved in all commercial and industrial zones to the extent there is hillside property involved or it is in a couple of the zones. Everything is done by precise plan. In addition, I believe you ought to take a look at the definition of hillside as set forth in 25. 04. 365. There is a reference to Chapter 25. 52. That chapter does not exist, at least so far as the Code Book I have is concerned and we probably ought to either delete the definition of hillside there or come up with a more definitive chapter. If you have any questions, give me a call. DJE/vcd -1- �I DJE8/1 MODIFICATIONS TO PALM DESERT CODES 25 .26.020 Restriction of Hillside Use in all Commercial ZONES: In all commercial zones, no construction development or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111 . Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the Planning Commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder' s office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. 25 .28. 030 K. Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 25 . 26. 010. 25 . 32 .020 Restriction of Hillside Uses in all Industrial Zones. In all industrial zones, no construction development or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111 . Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the -1- I , DJES/1 lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the Planning Commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder' s office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. 25 .34.020 M Any permitted use set forth in 25 .28.020 when such parcel contains any hillside area as set forth in 25 . 26.010. DJE/vcd -2- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: April 16, 1985, continued from April 2, 1985 and March 5, 1985. CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: This item was first heard at the meeting of March 5, 1985. At that time, after a short discussion it was decided that any property owners that may be affected by the proposed ordinance should be contacted. At the April 2, 1985, meeting, this item was continued in order to permit the city attorney to review the ordinance to insure that it conforms with the city measure passed in November, 1984. At the time of this writing, no report had been received. If it is received in time, it will be attached. If not, it will be delivered prior to the hearing. 11. RECOMMENDATION: A recommendation will be presented at the hearing. Ill. ATTACHMENTS: A. Staff report dated April 2, 1985. Prepared by �S . saw-g- Reviewed and Approved by Am r r PLANNING COMMISSION RESOLUTION NO. 1037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL-AND INDUSTRIAL ZONES. CASE NO�OA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing and continued public hearing on April 2, April 16, and May 7, 19850 to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of May, 1985, by the following vote, to wit: AYES: DOWNS, ERWOOD, WOOD, AND CRITES NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE _ M�IFORD CRITES, Chairman ATTEST: e RA ON A. D111Z, Se re Am � PLANNING COMMISSION RESOLUTION 1037 EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.26.020 is hereby recommended to be added: 25.26.020 Restriction of Hillside Use in all Commercial zones: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.030 (K) is hereby recommended to be added: 25.28.030 K: Any permitted use set forth in 25.28.620 when such parcel contains any hillside area as set forth in 25.26.010. Section 25.32.020 is hereby recommended to be added: 25.32.020 Restriction of Hillside Uses in all Industrial Zones: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.020 (M) is hereby recommended to be added: 25.34.020 M: Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 25.26.010. -2- I J MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 VII. PUBLIC HEARINGS A. Continued Case N ZOA 85- - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. Mr. Sawa outlined the staff report and explained the changes recommended by the city attorney. He noted that the proposed resolution had been revised to reflect those changes and recommended adoption of the resolution. Commissioner Richards expressed concern over determination of total slope when more than one slope is in a particular area and stated that if the commission follows what the city attorney suggested it would mean that the total slope would refer to the first slope. Mr. Sawa replied that in each case a determination would be made as to where the toe of each slope was located and that if more than one slope was involved, it would provide some leeway for interpretation. Chairman Crites suggested the addition of the word "future" be inserted in front of development (i.e. Mr. Moller would be made legal non-conforming" so that he could not rebuild). Commissioner Richards noted that if Mr. Moller's nursery is changed to a different zoning - the planning commission would not want to allow legal non- conforming if commercial zoned. He indicated that the property is a flat piece of land that is not in the hillside and wanted a clear definition of what is permitted. Mr. Diaz suggested a two week continuance for a study session item. Chairman Crites opened the public testimony and requested a motion of continuance. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to continue Case No. ZOA 85-1 as a May 7, 1985, study session item. Carried 4-0. B. Continued Case No. ZOA 84-3 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Municipal Code, Chapter 25.68, concerning the regulation of signs. Mr. Smith reviewed the background of the case and stated that the resolution would be added to the previously approved resolution from February and then sent to the city council. Staff recommended adoption of the resolution. Chairman Crites opened the public testimony. MR. LEE HAVEN, 45-450 Choctau Circle, general manager of the Palm Desert Town Center suggested that the planning commission allow themselves to change regulation for the sign criteria. He felt the present ordinance was restrictive. MR. ROBERT GEORGE, Golden State Sign Systems, stated that signage effects the whole community and encouraged the planning commission to keep the fertile atmosphere of the past. Chairman Crites closed the public testimony. Commissioner Richards asked if staff had seen the proposed sign for the Palm Desert Town Center. Mr. Smith outlined the sign design and request. -2- F PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing and continued public hearing on April 2, and April 16, 1985, to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am J PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.26.020 is hereby recommended to be added: 25.26.020 Restriction of Hillside Use in all Commercial zones: In all commercial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.030 (K) is hereby recommended to be added: 25.28.030 K: Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 25.26.010. Section 25.32.020 is hereby recommended to be added: 25.32.020 Restriction of Hillside Uses in all Industrial Zones: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.020 (M) is hereby recommended to be added: 25.34.020 M: Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set forth in 25.26.010. -2- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: April 16, 1985, continued from April 2, 1985 and March 5, 1985. CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: This item was first heard at the meeting of March 5, 1985. At that time, after a short discussion it was decided that any property owners that may be affected by the proposed ordinance should be contacted. At the April 2, 1985, meeting, this item was continued in order to permit the city attorney to review the ordinance to insure that it conforms with the city measure passed in November, 1984. At the time of this writing, no report had been received. If it is received in time, it will be attached. If not, it will be delivered prior to the hearing. II. RECOMMENDATION: A recommendation will be presented at the hearing. III. ATTACHMENTS: A. Staff report dated April 2, 1985. Prepared by "S • ScWG. Reviewed and Approved by Am w` DJE8/1 MEMORANDUM TO: STAN SAWA h / CITY OF PALM DESERT _e A\� ��}a��n�� FROM: DAVID J. ERWIN DATED: APRIL 12, 1985 APR 12 1985 RE: HILLSIDE RESTRICTIONS ENVIRONMENTAL SERVICES CITY OF PALM DESERT Dear Stan: I am enclosing what I would suggest as ordinance amendments to be utilized with regard to the restriction on commercial and industrial property in hillside zones. You will note that I have tried to provide within the sections some direction as to the definitions to be used. In addition to that, I have tried to cover the' recording problem by in all instances of the recording of either the conditional use permit approval or precise plan approval which is involved or potentially involved in all commercial and industrial zones to the extent there is hillside property involved or it is in a couple of the zones. Everything is done by precise plan. In addition, I believe you ought to take a look at the definition of hillside as set forth in 25 . 04. 365. There is a reference to Chapter 25. 52 . That chapter does not exist, at least so far as the Code Book I have is concerned and we probably ought to either delete the definition of hillside there or come up with a more definitive chapter. If you have any questions, give me a call. DJE/vcd -1- DJE8/1 r MODIFICATIONS TO PALM DESERT CODES 25 .26.020 Restriction of Hillside Use in all Commercial ZONES: In all commercial zones, no construction development or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the Planning Commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder' s office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. 25 .26.030 K. Any permitted use set forth in 25. 28. 020 when such parcel contains any hillside area as set forth in 25 . 26 . 010. 25 . 32 . 020 Restriction of Hillside Uses in all Industrial Zones. In all industrial zones, no construction development or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111 . Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the -1- DJE8/1 r lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the Planning Commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the City of Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder' s office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. 25. 34. 020 M Any permitted use set forth in 25 .28. 020 when such parcel contains any hillside area as set forth in 25 . 26. 010. DJE/vcd -2- 1- N 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 March 12, 1985 Micheal be Patricia Moss 2444 Fair Acres St. Louis, MO 63136 Dear Property Owner: Our records indicate you have an interest or own property zoned PC (4), C-1 or 5.1. located in the hillside area westerly of Painters Path. The City of Palm Desert is presently considering an amendment to the zoning ordinance which may affect the use of your land in the hillside areas zoned PC (4)9 C-1, or S.I., generally above 10% in slope. This ordinance has been drafted in order to implement the city measure passed by the city voters in November, 1984. That measure prohibits commercial use or development in the hillside areas of the city. The attached staff report gives specifics on the proposed amendment and how it may affect use of your property. The planning commission would like your opinion on this matter. Please respond in writing prior to March 29, 1985, or attend the planning commission meeting on April 2, 1985, at 7:00 p.m. in the council chamber. Should you have any questions, please contact Stan Sawa in this office. Very truly yours, RAMON A. DIAZ Director of Environmental Services RAD/tm Attachment City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: March 5, 1985 CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT 1. BACKGROUND: A. GENERAL: This amendment has been initiated in order to comply with the city measure that was passed by the voters in November, 1984. That measure precludes commercial use and/or development in the hillside areas of the city. This amendment as proposed would affect any commercially or industrially zoned property in the hillsides (defined in hillside planned residential district as slopes an average 10% or greater), except the McMillan property which is proposed to be rezoned to hillside planned residential under a separate action. II. PROPOSED AMENDMENT: The amendment would be placed under general provision section of the codes with the proposed wording as follows: "25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. At the present time, the only area that may be affected would be the land that runs along Highway III between RB Furniture and Painters Path and the land on the west side of Painters Path between Highway III and the Palm Valley Storm Channel. These areas are presently zoned either C-1 (general commercial), SI (service industrial) or PC (4) (Resort Planned Residential). The attached map shows these areas and the zoning. Generally, most commercial development would probably not occur in the affected areas any way due to the steepness of the terrain. It does not appear that any existing development would be affected by this amendment. III. ENVIRONMENTAL REVIEW: The director of environmental services has determined that this project is a Class 5 categorical exemption and no further documentation is deemed necessary. PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am I' TIN M 71 ``r'4 FLE Ei WO'JO S.P 3 PAAK VIE" JRIVC R I 1 Q O C—I �1 — P.R. U i 1-CrTtCL rt1U H � a !-I � . r r j !I - D 2100 —L-- tJ1LT J— ' a - RR. 22 AV P . J ( •. WIT �BRU iitvnoo J o P.C. ,J_,` ' ; — �\c.�C — ° 'I2,obo N G ....{{ ��1�tttt R I (4)• S•P JAANZA�iA NO N ��yl. I2, QD- v L RI N R K — ` . z R- FRED WARING DRIVE R W+ of { s P. C. A- I .IP. 3. 6 S.P. rNORA I P. C. (4), E •' '• ' ;•ENNA VISTA ' 4; e„t; �•:+, C In TAMPICO CHIVE e • „ 'L ' •!'�+ //� RANCHO GRANUE P.R.-6, S.P. o P.C. (3), S.P. ( 3) , S.P. c PCP , . HRR. D • P.R.-6 R-1 . ,. •.'•" per '" R stl�LY Arc.-t"'�D A W 'Zo �► 85 1JR�G�I ( mil~- C�BA�t`! OF GA U F (.4D" oZ0- 0 02 (� tJA �iti O UTFnC)Ie- 1LP�/ n 61i�lCa G4T41�-(J2.AL GI TY r CAA. GI'���I' rz, }k�ixTP-oN.. CT p,� �e- A , -mc4c555 V--r q- T hNAe4+4/&L-L e,-r RL cto Mrss loN aAv rtiv INC- po, Box S4nN Ul£Cs�orGA G� l3u 10d o - o - o - o o4 FA LA 1, 612/�IT Mpllve- 7 2- Z3 5 PATTf A °t ZZloC7 (�14o - c0'fi o-0 0 2 coo s yM 1r�t tt%A� �,4TZ I G!A S �7. Loins , mc) , �3l3 Ln MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 1985 Action: Moved by Commissioner Richards, seconded by Erwood, to approve the consent calendar by minute motion. Carried 3-0. VIIL, PUBLIC HEARINGS Moved by Commissioner Richards, seconded by Commissioner Erwood, to suspend the agenda. Carried 3-0. Moved by Commissioner Richards, seconded by Commissioner Erwood, to consider Item C as the first public hearing item. Carried 3-0. C. Continued Case N . ZOA 85-1 CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. Chairman Crites explained that the matter would be continued to receive a definition of explanation regarding the wording in the proposition and that a meeting would be held between staff and the city attorney. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, to continue ZOA 85-1 to the meeting of April 16, 1985. Carried 3-0. A. Case No. GPA 85-2 - CITY OF PALM DESERT, Applicant Request for recommendation concerning the proposed Palma Village Specific Plan and associated Negative Declaration of Environmental Impact which sets forth future land use policies in the area generally described as between Highway III and Fred Waring Drive, Deep Canyon Road and Monterey Avenue, Monterey Avenue and Fairhaven Drive and Rancho Road Circle. Mr. Drell gave a video presentation which showed the area that would be affected by the proposed amendment. Mr. Michael Crist, chairman of the Palma Village Specific Plan committee explained the philosophy of the committee regarding the needs of the area. Mr. Drell indicated that he would take one area at a time and, if permissible, public testimony would be taken for each section as it was discussed. AREA 1: Fred Waring Drive from Portola to Monterey noth and south on Monterey to Guadalupe and up to Fairview. Chairman Crites opened the public testimony. MR. HAROLD DOIDGE, 73-141 Fred Waring; MR. JAY WALLEN, owner of six units on Fred Waring; MR. JAMES SHAVER, 73-041 Guadalupe; expressed concern regarding the future of present homeowners, buffers for existing and future developments, completion of landscaping and cul-de-sacs the streets that would be effected, and leaving the zoning as it is on the east side of Monterey Avenue from Fred Waring south to Highway 111. AREA 2: Monterey Avenue, south of the McAllister property to Highway III east to Las Palmas Avenue. -2- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: April 2, 1985, continued from March 5, 1985 CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: This item was first heard at the meeting of March 5, 1985. At that time, after a short discussion it was decided that any property owners that may be affected by the proposed ordinance should be contacted. Staff has contacted the four property owners that could be affected by this change. Mr. Mike Moss has submitted a letter (attached) indicating agreement with protecting the hillsides but hopes that development is permitted to occur at the base of the hills. Mr. Paul Moller verbally had no disagreement with the proposal and has no intention to develop the area above the toe of the slopes. RB Furniture who owns the vacant land next to their store on Highway 111 are still studying the amendment and how it may affect their land. Their property is essentially flat except for a relatively small remanent of hill left when they put in the channel that runs along the east side of their property. PD 111, Inc., who own the corner of Highway Ill and Painters Path and recently received approval of a precise plan have indicated they will be at the hearing. A very small part of their trash enclosure and loading area would encroach into the base of the hillside. Since the last hearing staff has reworded the proposed amendment slightly to clarify the amendment. The intent of the city measure passed by the voters is to prohibit development above the foothills of the mountains. Therefore, the amendment now notes that below the toe of the slope, as determined by the city, the land may be developed as permitted by the requirements of the zoning. The proposed amendment would be as follows: 25.56.480 CONSTRUCTION, DEVELOPMENT AND USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial or industrial zones, no construction, development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope as calculated in Option No. 1, Section 25.15.030). Areas located below the toe of the slope adjacent to the valley floor, as may be developed as permitted under the zoning requirements of the property. In order to insure permanent retention of natural undeveloped areas, prior to the issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. II. RECOMMENDATION: Staff believes this amendment would implement the measure that passed November, 1984, and recommends: A. Adoption of Planning Commission Resolution No. _, recommending adoption of ZOA 85-1. ZOA 85-1 CONTINUED V. ATTACHMENTS: A. Draft Resolution B. Staff report dated March 5, 1985 C. Letters received Prepared by S Reviewed and Approved by Am PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing and continued public hearing on April 2, 1985, to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental, Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2th day of April, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.56.480 is hereby added as follows: 25.56.480 CONSTRUCTION, DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no construction, development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope as calculated in Option No. 1, Section 25.15.030). Areas located below the toe of the slope adjacent to the valley floor, as determined by the city, may be developed as permitted under the zoning requirements of the property. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. -2- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: March 5, 1985 CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND- A. GENERAL: This amendment has been initiated in order to comply with the city measure that was passed by the voters in November, 1984. That measure precludes commercial use and/or development in the hillside areas of the city. This amendment as proposed would affect any commercially or industrially zoned property in the hillsides (defined in hillside planned residential district as slopes an average 10% or greater), except the McMillan property which is proposed to be rezoned to hillside planned residential under a separate action. II. PROPOSED AMENDMENT: The amendment would be placed under general provision section of the codes with the proposed wording as follows: "25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city." At the present time, the only area that may be affected would be the land that runs along Highway III between RB Furniture and Painters Path and the land on the west side of Painters Path between Highway Ill and the Palm Valley Storm Channel. These areas are presently zoned either C-1 (general commercial), SI (service industrial) or PC (4) (Resort Planned Residential). The attached map shows these areas and the zoning. Generally, most commercial development would probably not occur in the affected areas any way due to the steepness of the terrain. It does not appear that any existing development would be affected by this amendment. III. ENVIRONMENTAL REVIEW: The director of environmental services has determined that this project is a Class 5 categorical exemption and no further documentation is deemed necessary. STAFF REPORT CONTINUED MARCH 5, 1985 IV. RECOMMENDATION: Staff believes this amendment would implement the measure that passed November, 1984, and recommends: A. Adoption of Planning Commission Resolution No. _, recommending adoption of ZOA 85-1. V. ATTACHMENTS: A. Draft Resolution B. Map of area affected Prepared by f3aw- to Reviewed and Approved by Am -2- FLEETW000 ., P.Rr7, JOL 1 3: PARK VIEW DRIVE R I `T ALL P.R: 1 oi2l�(,y.0 a - w o c .. f` •�Rx MOS � M rtr L �U11 S� t aT� A H D .P Rrl+_ 1 t 2'In --L-- I�L�i_ '� _ _ oL� V . P. �- o- � r � P.R.,22 ---- RQ I t��e:jj S.P 9- c 1 P.C. S.P. - �, -;I - .R 1 ._ 1 112,000. N L `\n' -,WAN p— �\ 3. 12 00 L RI N R [ s. R2SP FRED WARING DRIVE I 4 _ s PC. 1; R �. �y� v (4), R-I / P. 69 S.P. r. NORA c • r J A P. C. (4), '" + `•\-<` '" /�' iI.EH Re VISTA I R-.1 � • < \\ \,\•• y (,1 TAMHICO DRIVERf a � y a ; "• a " ° • \•Ic �� RANCHO GRANUE .♦^!, "e a �� LLI n` •PX •X•'x4 n4�11• n ��, `• 1, a Pn �%� PR.-6, P. •'I,°a;,P; _,. _ ..I, S.a a d P.C. (3), S.P. \, <q n •1 , : I °•Xnya"P�. a! a It II III C-1 \X 0 r a g n \9 O•. •M e b y A-, • • ♦ � • °n: + =X, ., �, P.C. ( 3) , S.P. PC. S."',^ POP`"p,;\ • � _ r a ••e I H.PR. , D P e "_ ,, P'+>=• ,X '.I,l hl E L PnA S E 0 !n"y c•X z+pFq xx \ R 4 ail'.`1� P • .,•. P.R.-6 R-1 ��p • ppn° Ila i . " P I W&LY AG1' 50 Aids 20 85 - l 4-1 , SJ clue. RrZ4) � I March 19, 1985 Planning Commission �� City of Palm Desert Cca`. 73-510 Fred Waring Drive Palm Desert, Calif 92260 (''✓iF;it 2 2 1gAJ Attn: Stan Sawa ENVIRON"AENTAL SERVICES Dear Sirs : CI-Pt OF PALM J)ESCRT I understand and appreciate the measure passed by the voters in November 1984 and their intention to protect the hillside and mountainous view of the area. I agree with and also support this viewpoint. My sister and I won approximately 72 acres in Palm Desert along Painters Path, west of hwy 111 . More specifically between Moller's Nursery and the storm channel . The bulk of our property, approximately 63+ acres would be considered by most laymen and engineers to be hillside terrain. At the base of the mountain or hillside property, lies approximately 18+ acres that we have had surrveyed by a local engineering firm from Palm Desert and has been deemed to be suitable for development. This property would be partially next to Moller's Nursery and also along the North side of Painters Path towards the storm channel . Approximately 21-2 acres alongside Moller's is very flat. It was used in the recent past by the concrete company that worked on the storm channel , to set up a concrete batch plant so as to allow them a conveninet point from which to transport their material to the channel . Much of the ground at the base of the hillside would in its present condition or with some excavation meet the criteria for an average slope of 10% or less. We would hope to in the near future to develop this property at the base of the hills , of course in full compliance with the zoing laws in effect. We agree that the hillsides themselves should be protected but the intention of the voters was not to prevent development of property at the base of the hills. We ask that the Planning Commission make a fair and objective evaluation of our property and not make a decision lumping our total property into the classification as hillside. The present zoing as ' Resort Planned Residential ' and 'Service Industrial ' should remain on the property at the base of the hills. Thanking you in advance for your considreation and allowing me to express my viewpoint. Best Regards , Mike Moss 2444 Fair Acres St. Louis , Mo. 63136 l laurel ®wElopr Ent Company 2323 S.E. Main St. • Irvine, California 92714 • (714) 9t37RY341XkQ 660-8000 SPECIAL DELIVERY March 27, 1985 Mr . Ramon A. Diaz L+o�j � 5 r Director of Environmental Services L% v ;A1 CITY OF PALM DESERT_ 73-510 Fred Waring Drive "7r: 2 r Palm Desert , CA 92260. ENVIRONMENTAL SERVICES Re : ZOA 85-1 CITY OF PALfvi DESCRY Assessor ' s Parcel #640-020-014-3 Dear Ray, With reference to your letter of March 12, 1985, concerning the above captioned zoning amendment , this letter is written to advise you that the property we own on State Highway 111 between the flood control channel and our existing RB Furniture store should not be affected because it is less than an average of 107o in slope. After receiving your letter, we had the engineering firm of Wagner, Stanford and Associates do a study, using your slope measurement standards , to establish the average slope of the property . Their study showed that the overall site has an average slope of 9. 2%. Furthermore, the front portion (by itself) has an average slope of only 5. 3`io. If it were not for the one steep area of the property located near the rear (as shown on the enclosed plat ) , the entire parcel would have an average slope of less than 5%. This steep area, which rises as much as . 20 feet at its peak above the surrounding land, is the remainder of a hill that was cut away for the flood control channel right of way . Consequently, we cannot see how this property can be classified as a "hillside area" , especially since approximately 90% of it is , for all intents and purposes, basically flat . Subsidiartg of RB IndustriEs, Inc. Irvine, California Page 2 Mr. Ramon A. Diaz March 27, 1985. Our original plan when we acquired the property was to develop the front portion and hold the rear portion of it for future development . We trust that we will be allowed to develop. the property, in its entirety, including the levelling of the comparatively small steep area. If you envision any problems whatsoever, would you please be kind enough to call me collect so that a representative of our company may attend your zoning meeting and voice our objection to ZOA 85-1 affecting our specific property. Thank you for your courtesy and assistance in this matter. Pours sincerely, Marven Gibson Real Estate Director MG/j at / c : Stan Sawa - Palm Desert Planning Dept . ✓ Joe Sinay Stan Goff Jean Tudor Jerry Harris N i tD co \ O Lil � ENO°,2'w 30T.96 t_ 53� M.n�'^ BOB HOPE DRIVE W SECTION LINE - NIB°36 2 3 W(� OD ND4°38'20-f Il2.eB'—Z vo s- > INSTRUMENT NO. 109036 _ ) f 3 �` _ v I (gypImp Wm $N 0 o A N �;O OWN AWO ;, Asa �O 19§ N 3°Sa'20"E (R) . 7.33' M ,99� ••dd Fr< 00, 00O D m D m 2 — Z 61to' Z6mm zt ry Q rn-'ter fMrl � r. . z I K N — IO j v• u O 0 oi m � ➢� �: Ism fS O p v�l tln N O rn W z w 0 n A 0 1 m c 11 0 z N m N z m MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 1985 that he was not just trying to set himself up for a lawsuit that would say you have taken the property, now pay us. He did not want to see his clients to go through another measure and election. He stated that he was not advocating a decision in favor of one way or another and if the commission could come up with a plan that was economically feasible, his clients' intent was to develop the property. He asked that the commission consider whether this is what the citizens want. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the case. Mr. Frank Little, 72-949 Bel Air, stated that he felt that the citizen's in the city who voted to pass Measure E would be opposed to any type of development and that it would detract from Palm Desert. He stated his opposition and felt that other people would also. MS. KAY CRAIG, 72-992 Bel Air, indicated that she was a 12 month resident. She stated that she was against any type of development and indicated that possible hillside slippage could be dangerous. She did not want to see Palm Desert become a little Hong Kong. Chairman Crites closed the public testimony. Commissioner Richards noted that the applicant could have initially proposed a variety of types of developments. Mr. Diaz indicated that the applicants would still have had to go through the public hearing process. Commissioner Richards indicated that the hillside site was visible from many locations. Mr. Diaz noted that residential zoning requires different findings than a restaurant. Mr. Diaz noted that some voters might be opposed to any type of development, but stated that it could not be presupposed. He indicated that if a group of citizens try to put another issue on the ballot to stop any building on the hillsides, it would have to be considered. Commissioner Richards asked about the possible impacts on adjacent hillside property owners and if rezoning would keep the zonings consistent. Mr. Diaz indicated that the zoning would have to conform to the amended hillside ordinance. Commissioner Erwood noted that the voters told the commission what they wanted the land to be rezoned as. Commissioner Wood stated that he could sympathize with Mr. Romer on whether the land would be developable or not. He felt that in this case the responsible thing to do would be to approve the rezone and move the case up to the city council. The attorney stated that at that time the city council could approve this. Chairman Crites indicated that the voters did not want commercial, but that nothing else could be presumed. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1030, recommending to city council approval of GPA 85-1 and C/Z 85-1. Carried 5-0. D. Case No. Z A 5 CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. -4- MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 1985 Mr. Sawa reviewed the staff report and stated that the request was to add a code section which would prevent development or use in commercial or industrial zones. Staff recommended that the new amendment to the code be added as Section in Commercial or Industrial zones. He 25.56.480, Development or Use Restrictions 1 n effect an existing development. stated that this change should of c y g p g Commissioner Richards noted that a large portion of the land affected was owned - by Mr. Moller and asked if he had been notified of this possible change. Mr. Sawa answered that Mr. Moller had not been notified. Commissioner Richards indicated that Mr. Moller might be affected by the change because he utilizes the land for potted plants on part of his hillside property and asked Mr. Sawa how steep the proposed ten percent would be. Mr. Sawa stated that Highway 74 has an average slope of six percent (6%). Commissioner Richards felt that Mr. Moller should have been notified. Commissioner Downs suggested continuing the case pending notification. Commissioner Wood agreed. Chairman Crites indicated that the proposed change was a direct result of the election. Commissioner Downs felt that out of courtesy Mr. Moller should be notified. Chairman Crites indicated that staff could contact Mr. Moller and visit the site and explain the uses to Mr. Moller. Mr. Patterson felt that would be acceptable. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, to continue the case to the meeting of April 2, 1985. Carried 4-0-1 (Commissioner Wood abstained.) VIII. MISCELLANEOUS ITEMS 1. Chairman Crites felt the commission should entertain a minute motion for an initial consultation between staff and the College of the Desert to discuss a traffic study regarding impacts from the cultural center, library, golf academy, hotel, etc. Commissioner Wood informed the commission that CVAG was presently studying the traffic problems and impacts on the Coachella Valley and asked if staff would be working the CVAG also. Chairman Crites indicated that this would only be an initial consultation, not the actual study. 2. Commissioner Richards asked about enforcement requirements for roof top signs. Moved by Commissioner Downs, seconded by Commissioner Richards, to have Frank Allen give a report on status and actions of roof top signs. Carried 5-0. Chairman Crites asked Mr. Diaz about lighted signs in the city. Mr. Diaz answered that lighted signs are allowed. He mentioned that there had been some discussion regarding banning lighted signs in Palm Desert. 3. Commissioner Wood noted that at a previous city council meeting remuneration for planning commissioners was discussed. He asked Mr. Diaz what the status on that was. Mr. Diaz replied that staff was instructed to find out what other cities were paying their planning commissioners. A letter had been sent to the League of California Cities requesting that information. -5- I City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: March 5, 1985 CASE NO: ZOA:855- REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: A. GENERAL: This amendment has been initiated in order to comply with the city measure that was passed by the voters in November, 1984. That measure precludes commercial use and/or development in the hillside areas of the city. This amendment as proposed would affect any commercially or industrially zoned property in the hillsides (defined in hillside planned residential district as slopes an average 10% or greater), except the McMillan property which is proposed to be rezoned to hillside planned residential under a separate action. H. PROPOSED AMENDMENT: The amendment would be placed under general provision section of the codes with the proposed wording as follows: '125.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city." At the present time, the only area that may be affected would be the land that runs along Highway Ill between RB Furniture and Painters Path and the land on the west side of Painters Path between Highway Ill and the Palm Valley Storm Channel. These areas are presently zoned either C-1 (general commercial), SI (service industrial) or PC (4) (Resort Planned Residential). The attached map shows these areas and the zoning. Generally, most commercial development would probably not occur in the affected areas any way due to the steepness of the terrain. It does not appear that any existing development would be affected by this amendment. Ill. ENVIRONMENTAL REVIEW: The director of environmental services has determined that this project is a Class 5 categorical exemption and no further documentation is deemed necessary. STAFF REPORT CONTINUED MARCH 5, 1985 IV. RECOMMENDATION: Staff believes this amendment would implement the measure that passed November, 1984, and recommends: A. Adoption of Planning Commission Resolution No. _, recommending adoption of ZOA 85-1. V. ATTACHMENTS: A. Draft Resolution B. Map of area affected Prepared by S Sarr, Reviewed and Approved by /tm -2- 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am r PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.56.480 is hereby added as follows: 25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. -2- l ( I ` FLE ETN'0 0 M 9U 1I a' 1 3 PAR. VIEW iRw[ R I .,..a a 4- — 12 6 y O C-1 r CIL , P.R. Zll> .o 0 o )/f 1 e is R% 'o MOS > N u T t t 1- fJG1� -. d � J> Rrl1. r akT�sr ' ' ��A H D S.P, 2 OQ 1 1 — f P.R.,ZZ --- ee°`E nv �e'nu ' x000 �+ e (4), ��-;Hi - o' �\rCC R-1 0 1 P.C. S.P, `��`yy��+ z rn n�`nn �� 1 :12,OOo ni I• (4)♦ , .MANZ ' fA \`\ f '� -u, L PI N — 1 \ 1 f - lEr R R2SP FRED ArWARING lDRIVE s � PC. i ylJ \07�' rt z T, R—� ! (a)' �' P.' 6 -S.P. QNORA Is P. C. (4), I ` - z ` 1 •• rp. ,r ,. ! n TaMRico oHIVE ',p � ' • " ,'n ,, � - Yi/ V Z � RANCHO GRAN UE Lu '• •. . as d. �'ji \ \� .J ��a"; - • jRR.-'6, S.P. d P.C. (3), S.P. o. M e o' •� • 'P.C. ( 3) , S.P. PC.t3 , S. "Oc •M. .q 9 �I .II Va\ p a• Ph . ♦ , 1`,1 H.PR. , D ;;o ;I P.R.—6 R-1 f t yeyM5LY Ar-pgc-tmo ids �ZoA S5 - � z J 1 1 All ' Cb . V 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 March 12, 1985 Micheal do Patricia Moss 2444 Fair Acres St. Louis, MO 63136 Dear Property Owner: �i Our records indicate you have an interest or own property zoned PC (4), C-1 or S.I. located in the hillside area westerly of Painters Path. The City of Palm Desert is presently considering an amendment to the zoning ordinance which may affect the use of your land in the hillside areas zoned PC (4), C-1, or S.I., generally above 10% in slope. This ordinance has been drafted in order to implement the city measure passed by the city voters in November, 1984. That measure prohibits commercial use or development in the hillside areas of the city. The attached staff report gives specifics on the proposed amendment and how it may affect use of your property. The planning commission would like your opinion on this matter. Please respond in writing prior to March 29, 1985, or attend the planning commission meeting on April 2, 1985, at 7:00 p.m. in the council chamber. Should you have any questions, please contact Stan Sawa in this office. Very truly yours, CAA'- V>✓� _ RAMON A. DIAZ Director of Environmental Services RAD/tm Attachment March 19, 1985 Planning Commission D City of Palm Desert q �' 73-510 Fred Waring Drive � ��Z, �, Palm Desert, Calif 92260 Ma�,, z z 1985 Attn: Stan Sawa ENVIRONP.IENTAL SERVICES Dear Sirs: CITY OF PALM DESERT I understand and appreciate the measure passed by the voters in November 1984 and their intention to protect the hillside and mountainous view of the area. I agree with and also support this viewpoint. My sister and I won approximately 72 acres in Palm Desert along Painters Path, west of hwy 111 . More specifically between Moller's Nursery and the storm channel . The bulk of our property, approximately 63+ acres would be considered by most laymen and engineers to be hillside terrain. At the base of the mountain or hillside property, lies approximately 18+ acres that we have had surrveyed by a local engineering firm from Palm Desert and has been deemed to be suitable for development. This property would be partially next to Moller's Nursery and also along the North side of Painters Path towards the storm channel . Approximately 22 acres alongside Moller's is very flat. It was used in the recent past by the concrete company that worked on the storm channel , to set up a concrete batch plant so as to allow them a conveninet point from which to transport their material to the channel . Much of the ground at the base of the hillside would in its present condition or with some excavation meet the criteria for an average slope of 10% or less. We would hope to in the near future to develop this property at the base of the hills , of course in full compliance with the zoing laws in effect. We agree that the hillsides themselves should be protected but the intention of the voters was not to prevent development of property at the base of the hills. We ask that the Planning Commission make a fair and objective evaluation of our property and not make a decision lumping our total property into the classification as hillside. The present zoing as ' Resort Planned Residential ' and 'Service Industrial ' should remain on the property at the base of the hills. Thanking you in advance for your considreation and allowing me to express my viewpoint. Best Regards, Mike Moss 2444 Fair Acres St. Louis, Mo. 63136 ! �c laurel DEVEIopmEnt Company 2323 S.E. Main St. • Irvine, California 92714 • ;714) 979-4000 March 29, 1985 Mr. Ramon A. Diaz Director of Environmental Services CITY OF PALM DESERT S� 73-510 Fred Waring Drive Palm Desert , CA 92260. Re : ZOA 85-1 Assessor' s Parcel #640-020-014-3 LNVIRONMLNfAL 5111VI ,G; Dear Ray, CITY OF PALM DESLRI With reference to my letter of March 27, 1985 enclosed for your file is the documentation by Wagner, Stanford Engineering Company of the slope analysis information that was contained in my letter. In talking to Stan Sawa today, he said that he felt that if the information was accurate our property should then not be affected by zoning ordinance ZOA 85-1. If this is not the case, would you please be kind enough to give me a call collect at your convenience. Yours sincerely, Marven Gibson Real Estate Director MG/jat encs. c: Jerry Harris Jean Tudor Subsidiary of RB Industries, Inc. Irvine, California I _ .��} a � .._ awn.. .1—��• �..0 I _ .w. �, !it II , a-I� ♦ c to R d�'f � '7 II. m ! n I It tt WIN a ti 11 1 r 6 c M L. d mZ iI 2 / / •�� u S1r '� ✓t �� . � U p N Y Z ��• O v pp O O 4 v ' r laurd DEVEIopmEnt Company 2323 S.E. Main St. • Irvine, California 92714 • (714) 2X%43 660-8000 SPECIAL DELIVERY March 27, 1985 Mr. Ramon A. Diaz Director of Environmental Services ' �a CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert , CA 92260. ENVIRON0.9 LtJ i R,L Sc�v!::ES g 88_1 CITY OF PALM, OLS'_RT Assesso ' Parcel #640-020-014-3 Dear Ray, With reference to your letter of March 12 , 1985, concerning the above captioned zoning amendment , this letter is written to advise you that the property we own on State Highway 111 between the flood control channel and our existing RB Furniture store should not be affected because it is less than an average of 10% in slope. After receiving your letter, we had the engineering firm of Wagner, Stanford and Associates do a study , using your slope measurement standards , to establish the average slope of the property. Their study showed that the overall site has an average slope of 9. 2%. Furthermore, the front portion (by itself) has an average slope of only 5. 3`7o. If it were not for the one steep area of the property located near the rear (as shown on the enclosed plat) , the entire parcel would have an average slope of less than 5%. This steep area, which rises as much as 20 feet at its peak above the surrounding land, is the remainder of a hill that was cut away for the flood control channel right of way . Consequently, we cannot see how this property can be classified as a "hillside area" , especially since approximately 90% of it is , for all intents and purposes, basically flat . Subsidiary of RB IndustriEs, Inc. IrvinE, California Page 2 Mr. Ramon A. Diaz March 27, 1985. Our original plan when we acquired the property was to develop the front portion and hold the rear portion of it for future development . We trust that we will be allowed to develop the property in its entirety, including the levelling of the comparatively small steep area. If you envision any problems whatsoever, would you please be kind enough to call me collect so that a representative of our company may attend your zoning meeting and voice our objection to ZOA 85-1 affecting our specific property. Thank you for your courtesy and assistance in this matter. Yours sincerely, D, ` Marven Gibson Real Estate Director MG/j at c: Stan Sawa - Palm Desert Planning Dept . Joe Sinay Stan Goff Jean Tudor Jerry Harris F C N \ .0 N m \ O � (P SECTION LINE M•V-.L� BOB HOPE DRIVE N 1B°36_23"W(R) 2 tipob INSTRUMENT NO. 109036 ^ I''• .`. N3°54'20 E(R) V 3 r'` *, 0 STEP ARE6l rpA 10) m q f N(T o O 01 A N . W O I N A� a yea tt N O p V •� N 3° 0 33' M� 9981°ad 5 vos g > x m3, D � _m m iaz 1 f Zp Z 2mfirF n m N Q w nm m in rna Z w - lo p Om bvg O O c C rn No D 0 p - n m y w m 1 m u u r- r in o m o_ m a m m N A m a laurd DEvElopmEnt Company 2323 S.E. Main St. • IrvinE, California 92714 • (714) Q73Z2)X49)M 660-8000 SPECIAL DELIVERY March 27, 1985 Mr. Ramon A. Diaz M19(eLfraca Director of Environmental Services � D CITY OF PALM DESERT b1AR 2 91965 73-510 Fred Waring Drive Palm Desert, CA 92260. ENVIRONMENTAL SERVICES Re : ZOA 85-1 CITY of PALM DESERT Assessor' s Parcel #640-020-014-3 Dear Ray, With reference to your letter of March 12 , 1985, concerning the above captioned zoning amendment , this letter is written to advise you that the property we own on State Highway 111 between the flood control channel and our existing RB Furniture store should not be affected because it is less than an average of 10% in slope. After receiving your letter, we had the engineering firm of Wagner, Stanford and Associates do a study, using your slope measurement standards , to establish the average slope of the property. Their study showed that the overall site has an average slope of 9. 2%. Furthermore, the front portion (by itself) has an average slope of only 5. 3%. If it were not for the one steep area of the property located near the rear (as shown on the enclosed plat ) , the entire parcel would have an average slope of less than 5%. This steep area, which rises as much as 20 feet at its peak above the surrounding land, is the remainder of a hill that was cut away for the flood control channel right of way. Consequently, we cannot see how this property can be classified as a "hillside area", especially since approximately 90% of it is, for all intents and purposes, basically flat . Subsidiary of RB IndustriEs, Inc. IrvinE, California Page 2 Mr. Ramon A. Diaz March 27, 1985. Our original plan when we acquired the property was to develop the front portion and hold the rear portion of it for future development . We trust that we will be allowed to develop the property, in its entirety, including the levelling of the comparatively small steep area. If you envision any problems whatsoever, would you please be kind enough to call me collect so that a representative of our company may attend your zoning meeting and voice our objection to ZOA 85-1 affecting our specific property. Thank you for your courtesy and assistance in this matter. Yours sincerely, Marven Gibson Real Estate Director MG/j at c: Stan Sawa - Palm Desert Planning Dept . Joe Sinay Stan Goff Jean Tudor Jerry Harris l \ N O OD -D �\ Bo�•/z'wlvz.s� i$ w SECTION LINE M"d�LS BOB HOPE DRIVE N18036_23 WW(R) 2 V 0 INSTRUMENT NO. 109036 y ^ N3"5 '20'E (R)) V 3 A (D Imp w03 n/1n rn a ^;O N BOO I tee. Asa �y� e Ln w tC $P mV V�0 N3.54'20"E (R) 33' 1 ~BDo4f� N ,91 ,•1 d o r ''Co• m gO > m �•aP3 ys. D Gl 8� r m m Bz nA in Z Z � 6, Z zmr DF n m m I1 ..ca K r N N o l O �m btl6 LIE)- 0rx o ZD�pa � i 1pI1 Il mn CD mim 6 U D 3 W D m - n m y � m m U O z ") m o_ m 01 a a n m ✓N A m ' I 5 60� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 March 12, 1985 LAUREL DEVELOPMENT COMPANY 2323 SE Main Street Irvine, CA 92714 Dear Property Owner: Our records indicate you have an interest or own property zoned PC (4), C-1 or S.I. located in the hillside area westerly of Painters Path. The City of Palm Desert is presently considering an amendment to the zoning ordinance which may affect the use of your land in the hillside areas zoned PC (4), C-1, or S.I., generally above 10% in slope. This ordinance has been drafted in order to implement the city measure passed by the city voters in November, 1984. That measure prohibits commercial use or development in the hillside areas of the city. The attached staff report gives specifics on the proposed amendment and how it may affect use of your property. The planning commission would like your opinion on this matter. Please respond in writing prior to March 29, 1985, or attend the planning commission meeting on April 2, 1985, at 7:00 p.m. in the council chamber. Should you have any questions, please contact Stan Sawa in this office. Very truly yours, ��-- �RAMON A. IAZ Director of Environmental Services RAD/tm Attachment r ? .�9 .!l .��(,:?,t .. ' 1tt'2. leiPi( CRCC lJ•� GG'.7:n^//OGf�, �i; �� D� l ' U Do( J(Vj ' City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: March 5, 1985 CASE NO: ZOA 85-1 REQUEST: Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT 9 1 1. BACKGROUND: A. GENERAL: This amendment has been initiated in order to comply with the city measure that was passed by the voters in November, 1984. That measure precludes commercial use and/or development in the hillside areas of the city. This amendment as proposed would affect any commercially or industrially zoned property in the hillsides (defined in hillside planned residential district as slopes an average 10% or greater), except the McMillan property which is proposed to be rezoned to hillside planned residential under a separate action. If. PROPOSED AMENDMENT: The amendment would be placed under general provision section of the codes with the proposed wording as follows: 25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city." At the present time, the only area that may be affected would be the land that runs along Highway III between RB Furniture and Painters Path and the land on the west side of Painters Path between Highway III and the Palm Valley Storm Channel. These areas are presently zoned either C-1 (general commercial), Sl (service industrial) or PC (4) (Resort Planned Residential). The attached map shows these areas and the zoning. Generally, most commercial development would probably not occur in the affected areas any way due to the steepness of the terrain. It does not appear that any existing development would be affected by this amendment. III. ENVIRONMENTAL REVIEW: The director of environmental services has determined that this project is a Class 5 categorical exemption and no further documentation is deemed necessary. �.^.yk-wiZ'•' gyp. .g:^»i^. '; '� "E.. ..^+ts„` s , 77'7ak".'�'r�.o,Mkt. -17 1 ..i i r: 91'AI!It It1?Pit4tr f:ONIINIWO MARCH 3, 198) IV. RECOMMENDATION: Staff believes this amendment would implement the measure that passed November, 1984, and recommends: A. Adoption of Planning Commission Resolution No. _, recommending adoption of ZOA 85-1. V. ATTACHMENTS: A. Draft Resolution B. Map of area affected Prepared by S S ,r Reviewed and Approved by /tm PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.56.480 is hereby added as follows: 25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. -2- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD C UTES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am V v 1' II1n M / • ' FR.P�R I — 3 PARK VIEW lm,YE R I I = 12 0 C—I clp - P.R. 2��1�°�' 1 > ,T��tL t t- (- 6� l, �I Tfr _ AHD S. R*� l 2'00 --L--P �j PR. 22 (4 ), LL \ C . •�BAU SH�I OOD 0 R1I .�'--1 _ �� ' 1 -a P.C. S.P. ; .__ — „ R I a J ,I21000 l '• N I.� M!1A r. (4), ,,-,M' ANI NJIA E RI N R `--i--- -- - R- 1 0 R2SP FRED WARING DRIVE 1 ::•'. ,' .; / � 'I P. 61 S.P. �:;' .,•.•• � Sr NUR• ,�.• :1. j• y 1f •R- I I •�, 09, P. C. (4), ' l •"• :.;.'. G} (n 1 ` . IAMPICO ONIVE ti c \1 Rll •''•' ' '" •',• '• r • /'% RANCHO GRA NOE •'• . . . •'• , ,;,/ P.R.-6, S.P. d P.C. (3), S.P. P.C. ( 3) , S.P. _ P.C. (3 H.PR. p ' . • • ,�. � EL PASEO �. . P • P.R.-6 R-I �jtbLY 1��c.T�1� Arz�ds �ZO A 8� r II M. n. .. , . City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: March 5, 1985 CASE NO: ZOA 85-1 REQUEST: , Consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: A. GENERAL: This amendment has been initiated in order to comply with the city measure that was passed by the voters in November, 1984. That measure precludes commercial use and/or development in the hillside areas of the city. 'This amendment as proposed would affect any commercially or industrially zoned property in the hillsides (defined in hillside planned residential district as slopes an average 10% or greater), except the McMillan property which is proposed to be rezoned to hillside planned residential under a separate action. II. PROPOSED AMENDMENT: The amendment would be placed under general provision section of the codes with the proposed wording as follows: "25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city." At the present time, the only area that may be affected would be the land that runs along Highway III between RB Furniture and Painters Path and the land on the west side of Painters Path between Highway Ill and the Palm Valley Storm Channel. These areas are presently zoned either C-1 (general commercial), Si (service industrial) or PC (4) (Resort Planned Residential). The attached map shows these areas and the zoning. Generally, most commercial development would probably not occur in the affected areas any way due to the steepness of the terrain. It does not appear that any existing development would be affected by this amendment. III. ENVIRONMENTAL REVIEW: The director of environmental services has determined that this project is a Class 5 categorical exemption and no further documentation is deemed necessary. , STAFF REPORT CONTINUED MARCH 5, 1985 IV. RECOMMENDATION: Staff believes this amendment would implement the measure that passed November, 1984, and recommends: A. Adoption of Planning Commission Resolution No. _, recommending adoption of ZOA 85-1. V. ATTACHMENTS: A. Draft Resolution B. Map of area affected Prepared by S sck' l Reviewed and Approved by Am -2- 1 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as j provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.56.480 is hereby added as follows: 25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. -2- . 1 �.� I' I,H M VLINuh DRIVE • ,G� FLE ET ETWD-)D P.Rr7, 1 ;. VAIIR VIEW iR IvE �r R I 1.ti f 4- g. .0 12 0 C-1 Y OF. RR. R1.12 0 _N I r t t t L tJ Gl� —�� M R r l rr — r T�� �A H D S.P d 2 OQ 1 7� o - P.R. 22 --- ae°`E AV �SRU H 000 .R I l 00 (4 ), ,, - o �\�.cC 1 P.C. ' L ; - — ° ;12,0b0 (4). S.P. - I - N ^`n R 1 ._ - ,. AN�ANITA p — ^ 12 Im RL PI I N 0 P ,• �_ R 2 S P FRED WARING DRIVE s PC. ! l2 4 1; —1 rt f a R-I a . .I / v (4), I P. 61 S.P. ! • SCNURA • � l C.P. (4) yE I \. ,"•:i\• . •' l , y.ERRA VISTA - \••' \"\•\,'" , / W l '�,� ,; TAMPICO DRIVE •- R I rt %i ,• d /' '9 RANCHO GRANUE •" • 1 11'"4 . 4 l ' ' I"Y • "• • p P .1. P.R. 6, . SP. d P.C. (3), S.P, •94^ 1'9In ,+��a�" �l''1 P.C. ( 3) , S.P. . 9 RC. (3 H.PR. P.R.- 6 R-1 �1P�LY Ar- �-r Aids 70 A 85 - l PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. CASE NO. ZOA 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of development or use in commercial or industrial zones in hillside areas that average 10% or greater in slope. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a class 5 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 4. That the zoning ordinance amendment would conform with the intent of the city measure passed by the city voters in November, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the commission in this case. 2. That it does hereby recommend a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION EXHIBIT "A" CASE NO. ZOA 85-1 Section 25.56.480 is hereby added as follows: 25.56.480 DEVELOPMENT OR USE RESTRICTION IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. In commercial and industrial zones, no development or use shall be permitted in those areas defined as hillsides (average 10% or greater slope) in the municipal code. In order to insure permanent retention of the natural undeveloped area, prior to issuance of any permits, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city and insuring that the natural undeveloped areas shall remain as shown on plans approved by the city. -2- t 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 NOTICE TO ELECTORS OF DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST A CITY MEASURE MAY BE SUBMITTED TO THE CITY CLERK NOTICE IS HER GIVEN berr 6the ,� 1984, ateral lcipal Election is to be held in the which there will be submitted to City of Palm Desert on Tuesday, the qualified electors of the City the following measures: Shall the people of the City of Palm Desert, California, by initiative ordinance, provide that only the owner of property may establish the price for which such property .may be sold, . transferred, or exchanged in accordance with the ordinance as proposed? Shall the people of the City of Palm Desert, California, repeal the ordinance allowing commercial use and/or development under the present Palm Desert Hillside Zoning Ordinance in the hillside areas of Palm Desert? Hillside is defined as the foothills of the Santa Rosa Mountains located west o he Palm Valley Channel and southwest of Highway 111. This proposition shall be binding on the City Council of Palm Desert. NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 5 of the Elections Code of the State of California, the leggi lati a boddual y of voter the it bona fide y, or any member or members thereof authorized by such body, association r ttentargum nt citizens,noto or 300bination of such voters and wo words in length, for or against associations, measure. a NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments 19 1984,and npleas areason reasonable date priorallots for the such elect on after n, the City Clerk has fixed 5:00 p.m. Tuesday, Augugus which no arguments for or against the City measure may be submitted toshall her for printd to ing and distribution to the voiers as terov dmin st ative Services Building,73-510submitt F Fred Warring the City Clerk at Drive, athe date and time fixed by the men Clerts k be changed or withdrawn until and THE ABOVE NOTICE IS GIVEN b this 26th day of 2!LIX, 1984. SHEILA R. GILLiGA CITY CLERK ' FILE COPY IMPARTIAL ANALYSIS OF MEASURE"E" Impartial analysis of the initiative measure by the City Attorney showing the effect of the measure on the existing law and the operation of the measure,is as follows: Under the present Palm Desert zoning ordinances, in a CA Zone, the following types of development are possible in the hillside areas of the City of Palm Desert west of the Palm Valley Channel and southwest of Highway Ill above the base of the hillsides: 1. Medical offices and clinics; 2. Offices: governmental,professional,administrative,and general business; 3. Other commercial uses as determined by the Planning Commission which are deemed to enhance the character of the community; 4. Personal services including but not limited to barber or beauty shops, tailors, and dressmaking shops; 5. Retail uses,including but not limited to,apparel,furniture,appliances and other major household articles, variety goods, sporting goods, stationery;toys, art goods, flowers and other plants,and boutiques. Subject to Conditional Use Permit: 1. Automobile service stations; 2. Amusement and recreation establishments including but not limited to theater and amusement arcades; 3. Grocery stores; 4. Hospital; 5. Hotels, not exceeding twenty-four units per acre; 6. Liquor stores; 7. Mortuary; g. Public utility installation; and 9. Restaurants,except for drive-in or drive-through. If a vote is cast in favor of this measure,then hillside commercial use and/or development will not be permitted in the area of Palm Desert, California, stated above. If a vote is cast against this measure, development will be permitted in accordance with the existing C-I Zone in the area stated above. NOTE: This is a copy for your files of the material you submitted for Sample and/or Official Ballot. S FILE COPY ARGUMENT IN FAVOR OF MEASURE"E" Your YES vote on Measure"E"will protect the hillsides and hilltops on the west side of Palm Desert above Highway 11I from scarring by commercial development. Palm Desert was incorporated November 23,1973.In June, 1975 the voters in a referendum overwhelmingly approved a General Plan and the hillsides and hilltops on the west side were zoned as"Open Space"in accordance with this plan, to protect them against mutilation or defacement through commercial development. By state law,zoning ordinances must conform to the City's General Plan. In June, 1983 the City Council,while considering an overall zoning for the Santa Rosa Mountain range within city limits, allowed 13.1 acres to be rezoned"Commercial."This rezoningdoes not conform to the General Plan and was done without ample or adequate notification of hearings to the voters. This admittedly unintentional action by the City Council surfaced when an application was recently received to commercially develop the 13.1 acres. Measure"E"is designed to restore the"Open Space"protection on these 13.1 acres for our hillsides and hilltops.Your YES vote will insure the future high quality of that area of Palm Desert. The hillside is an important natural feature within Palm Desert and its preservation increases the overall visual quality of Palm Desert by enhancing visual identity, diversity and interest of the area. The General Plan further states,that it shall be an implementation policy of said General Plan to"Make the preservation of scenic vistas an integral factor in all land development decisions over which the City has jurisdiction." YES on Measure"E"will let us continue to develop our city in a quality fashion and leave these scenic priceless vistas unscarred for everyone's enjoyment versus the visual blight of hillside commercial development. We urge you to vote YES to preserve our natural beauty. s/Henry B. Clark s/Edward Mullins,Jr. s/Marian Henderson s/Joseph A. Reino s/Jean M. Benson NOTE: This is a copy for your files of the material you submitted for Sample and/or Official Ballot, N 1 } FILE COPY ARGUMENT AGAINST MEASURE"E" This is the ONLY PARCEL (2-1/2 acres usable) of commercially zoned property like it in Palm Desert.Therefore,it CANNOT set a precendent for hillside development. All property above this site is zoned Agricultural Open Space. It cannot be commercially developed. Twelve professional city officials out of 15 want to preserve this panoramic view site FOR YOU. If this measure is passed, it will mean multi-million dollar lawsuits against the City of Palm Desert. Any multi-million dollar damages would be PAID BY YOU,the taxpayer. YOU WOULD BE DENIED THE RIGHT to take visitors to this panoramic vista viewpoint of Palm Desert and the beautiful Coachella Valley. The proposed public restaurant development would remove the present blight entering Palm Desert on Highway I I I from Rancho Mirage. The proposed development for PUBLIC USE would contribute an estimated $50,000 annually to your City in taxes. The mountain backdrop behind Palm Desert rises 8,000 feet.The proposed PUBLIC RESTAURANT USE development is only 240 feet.Ironwood is 600 feet.The proposed PUBLIC restaurant would be built of natural stone and wood blending with the surrounding environment. Now only the privileged few can afford valley view residential sites. This site would provide THIS VIEW TO YOU and help pay your taxes as well.As written, this measure COULD STOP RESIDENTIAL BUILDING also. Residential landowners take notice! In conclusion,don't let your right to a beautiful view be taken away from you. IT CAN BE YOURS! You can have both the unblemished beautiful view of the mountains as well as a panoramic view of the valley.Vote NO on Measure E. s/George Berkey s/Dick Sparks s/Donald Driskel . NOTE: This is a copy for your files of the material you submitted for Sample and/or Official Ballot. I February 15, 1985 CITY OF PALM DESERT LEGAL NOTICE Case No. ZOA 85-1 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Palm Desert Municipal Code (Chapter 25 - Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction or development in commercial or industrial zones in those hillside areas that are 10% or greater in slope. SAID Public Hearing will be held on Tuesday, March 5, 1985, 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. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post February 22, 1985 Am