The URL can be used to link to this page

Home My WebLink AboutZOA 86-4 CONDITIONAL USE PERMITS 1986 PROOF OF PUC :ATION This space IS for f 'ounty Clerk's Filing Stamo (2015.5 C.C.F. PFVMVE8 '86 JUN 25 Aft 1112 STATE OF, CALIFORNIA, @ITY CLERKS CIF IGE County of Riverside CITY OF PALM DESERT I am a citizen of the United States and a resident of the County aforesaid: 1 am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled mattec. I r�E Ng t zor,,•86;4„............................... am the principal clerk of the printer of the DESERT POST ........................................ .........�................. ........................... •••••• ••••••••••••••• CITY OF PALM DESERT ................. ...........:..:...........:..... LEGAL NOTICE ........................... CASE NO.ZOA 8114 a newspaper of general circulation, printed NOTICE IS HERESY GIVEN that a ,at,hearing will be held bete 1a Palm Desert Planning Commission to c,naiet,a Mosel by the CITY OF F 01.1 DESERT B i—we a kl'y requhing a condillonal use permit In ag city commercial zones to ra+enlence and published .................................. stores and liquor selling establishments. i SAID public hearing will be held Tuesday,July 1 1SI S,at 790 p.tr..11 ne Council 1 Chim ter at the Palm Desert Civic Center,73-516 Fred Waring DO a Falm Desert, In the City of ...Pa1>,e•Deser.t••••••••••••• Calitcrnuc.at which time and place all interested persons are Inv:nd U attend and nd heard.11 you challenge the proposed actions In court,you mli be limited to rely County of Riverside, and which news- no only nines issues you or someorb else raised at the public hearing described In t this notice,or In written correspondence delivered to the plan, 10 commissbn(or paper has been adjudged a newspaper city counciq at,or Prior to,the public hearing. RAMON...DIAZ,Secretary of general circulation by the Superior palm Desert Mann"Commsson Court of the County of Riverside. State of _ (FmD.P.June 20.lgee) California,under the date of•10/5.., 19 64 , Case Number •83658...... that the notice, is a iinted of which not smaller p thannonpaei nonpareil), has type in type has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I 6/20 all in the year 19.86.. t certify (or declare) under penalty of Rerjury that the foregoirig is true and correct. Dated at.... .................. California,this Oth..._day Of...June1986..... t ` ..• re •• S gna • re fill""Pl ,tl little bunt loran may be Ntuttil l"a"" CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 WOSI second St.. Los Angeles, Calif. 90012 Telephone: (2131625.2541 IINMfN��n PtOerifiq Iola lttm•YbllttllM. i I i iI I 1VEB PROOF OF PUAATION This space for,trn7 OU l 9erk' Filing Stamp (201S.S C.C.P.) [L �r1tll ll o UUlO) CITY CLERKS OFFICE I STATE OF. CALIFORNIA, County of Riverside CITY OF PALM DESERT I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I CASE NO . ZOA 86-4 am the principal clerk of the' printer of the .................................................... DESERTPOST ................................ ........................... • •••••••••••••••• CI OF PALM DESERT, EOAL NOTICE OA'S&0 ..............................................:... CASE NOS 2 NO TRI C Q1$HEREBI4G•EN that"a'Wbli��c`,��e�8nnt wi 1byheldbt the a newspaper of general circulation, printed Palm Dese'r aty`Couhcll sda�'d'�Sgdestb iheFC OF-PALM DESERT•t3rnendA section 25:28:0301Geheral Comer Di n t)of E ._ .. ' ••• y, thecode o &CitypQall Des d elatin�'to'conve i nce t5r'Ise 'bnd Bi-week! and published ...... fiq� s(abusnment SAID�public:;heeringwt'�be Ion r daY,� a 12, 19 t :00 p:rn�n;lh�Cour�7lCh ' t sert�Civ �Ce�e •3-510 in the City Of ...Paia.D"ar•t............• FrriO Waring Ddve, e'DeserJ,Ca') or t�ih'idh lima rb placewall inerested per d. rted t tterid a G�'11e8rd. f y`g',Sbhx"aA��lerii�e County Of Riverside, and Wt11Ch news- the proposed 2htlon o1T�_�a�ned�o raisyg o� hose _ paper has been adjudged! a newspaper ssues ya yoomebne elseyreiSSd SL�hepWNc"[eari gde�cribed]n thls`�notbe or nZv'rltten'corFespprdence delivered to[he,plan rig com of general circulation bye! the Superior � m'ss -'(or city�dBunC'il)'$t�J'br'pr" , hee publicyheaiing Court of the County of Riverside, State of heilaPlCvifya ,G clerk Cit�`ot Palm Dese'n Cal dTnia Pub."D.P..Mav 2 .198.61 California, under the date of.10/5.., 19 64 , Case Number .a 36 58...•.....that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper aid not in any supplement thereof on the following dates, to-wit: 5/23/ 1 all in the year 19.86.. certify (or declare) under penalty of perjury that the foregoing is true and correct. i Dated at....F.41 VLAP ;ET .................. I California,this..23.id dayof..Maw., 1986.. i i n ure i Free I:PPIPr of this Clank farm Mali be socufPd Iron: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: (20) 625.2541 PI��N(punt OE XEAAI PlrNa Pf Wkllullal whM"dorinq this IMm. i PROOF OF PU*ATION This space Is for :ounty Clerk's Filing Stamp (2015.5 C.G.P.) STATE OF. CALIFORNIA I. County of Riverside I am a citizen of the United States and a CITY OF PALM 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•enlitled matter. I am the principal clerk of the printer of the ,cas.. No. ZOA 86-4 .................................................... .....DESERT.POST......... ............... .............................. .... ......................... .. .................. ••.... CITY OF PALM DESERT,LEOAL NOTICE a newspaper of general circulation, printed CASE NO+20A$6a NOT CE IS HEREBY GIVEN that bllc hearing w9I be held before the palm_Desert Planning Comm g(` ��110 consider't request by the CITY E i-weekly OF PALM DESERT amending sac I1n 25.28,030(General Commercial and published ................:................. District)of the code of the City of,Pelm Desert relating to convenience stores and liquor sellifrg establishments. SAID the City of Pay».Dae i•t••........... I SAID public hearing will be held on Tuesday.May 6,1986,at 7:00 p.m. y ••• I in the Council Chamber at the Palm 1)69�p Civic Center,73-510 Fred County of Riverside, and! which news- Waring Drive,Palm Desert,Callfornla!Kwhich time and place all In. adjudg ed newspaper terested persons are Invited to attend and be heard. If you challenge paper has been I g a Pape the proposed actions in court,you'may be,6mited 10 raising only those of general circulation' by the Superior 1 issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning cam Court of the County of Riverside, State of missbn(or city council)at,or prior to,the public hearing. I Ramon A.Diaz.Secretary . Palm Desert Planning Commission California, under the date of,l0/5 , 19 64 � (Pub D.P.Apr. 18 1986) Case Number .8 3 6 5 8......; .that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 4/18 all in the year 19.8b.. certify (or declare) under penalty of Rer(ury that the foregoing is true and correct. I I Datedat.... ................. California,this..l8th, dayof APr;, 1986/ ..1•igna re i Free coil of this 1111,6111111 form rhaY.bo"cured troth r CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clewing House 120 west Second St., Los Angeles,Calif. 90012 Telephone: (213) 625.2541 FIas"rquest GENERAL Proof of►ublitatialt wMa W4111 iao this form. s ORDINANCE NO. 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A ZONING ORDINANCE AMENDMENT AMENDING SECTION 25.56.302 TO CHAPTER, 25 OF THE PALM DESERT MUNICIPAL CODE. CASE NO: ZOA 86-4 WHEREAS, the City Council of the City of Palm Desert. California, did on the 14th day of August, 11986 hold a duly noticed public hearing to consider zoning ordinance amendment 86-4. WHEREAS, said amenlent would define the term "convenience store" and requires a conditional us4 permit in all commercial zones for said use. r viewin the staff report and accepting all public WHEREAS, after e g P P 9 testimony from those wishing to speak, said council made the following findings. i I . There was a necessary need for the provisions setforth in the proposed amendment. 2. The ordinance as written resolves the concern raised by the previous similar ordinance on May 20, 1986. NOW, THEREFORE, BE I.T ORDAINED by the City Council of the City of Palm Desert, California, as follows: I . That the above !recitations are true and correct and constitute the findings of the icouncil in this case. 2. That the city council does hereby approve ZOA 86-4, as provided in the attached exH!bit labeled Exhibit "A". I i PASSED, APPROVED andIADOPTED at a regular meeting of the ,Palm Desert City Council , held on this 28th day of August. 1986, by the following vote, to wit: — AYES: SNYDER, WIL SON 8 KELLY NOES: NONE ABSENT: BENSON 8 JACKSON / ABSTAIN: NONE I �1 RICHAOD S. KELLY, Mayor AT ST: SHEILA R. GILLIGAD , City Cler City of Palm Desert, Californ a /dig I ORDINANCE NO. 468 EXHIBIT W Section 25.56.302 is added to read: In all commercial zones a conditional use permit must be obtained for convenience stores, liquor stores and establishments with on-site consumption of alcoholic beverages. A convenience store is defined as a "grocery store used for the retail sale of food, food products, dairy products and alcoholic beverages for consumption off the premises". r 2 MEMORANDUM CITY OF PALM DESERT TO: CITY MANAGER AND CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 14, 1986 SUBJECT: ZOA 86-4 The planning commission at its regular meeting of July 1 , 1986 adopted resolution no. 1160 recommending that the city council adopt ZOA 86-4. This ordinance amend Iment would require a conditional use permit for all proposed conveniencel stores and businesses wishing to conduct on-site consumption sales of liquor. . Presently, restaurants and grocery stores in the C-1 zone require a conditional use permit. The net effect would be to expand the requirement that restaurants have conditional use permits in all zones and that convenience stores) have conditional use permits in all zones. The proposed ordinance was originated by council to cover convenlence stores; and as a result of citizen concern relating to establishments offering on-site consumption of liquor. RECOMMENDATION: Affirm the recommendation of the planning commission by waiving further reading and sending the proposed ordinance to second reading and eventual adoption. RAMON A. DIAZ - — DIRECTOR OF COMMUNITY DEVELOPMENT /dlg A 1 PLANNING CDMMISSION RESOLUTION NO 1160 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMEN AMENDING SECTION 25.56.302 to Chapter 25 of the Palm Desert Municipal Code. CASE NO. 1ZOA 86-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of July, 1986, hold a duly noticed public hearing to consider zoning ordinance amendment 86-4; and I WHEREAS, said amendment would define the term "convenience store" and requires a conditional use permit in all commercial zones for said use; and WHEREAS, after reviewing the staff report and accepting all public testimony from those wishing to speak, the commission made the following findings: 1 . There was a necessary need for the provisions setforth in the proposed amendment. 2. The ordinance as written resolves the concern raised by the previous similar ordinance on May 20, 1986. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; i 2. That the planning commission does hereby recommend to the city council approval of a Zoning Ordinance Amendment 86-4, as provided in the attached exhibit, labeled Exhibit "A." PLANNING COMMISSION RESOLUTION NO. 1160 1 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this ist day of July, 1986, by the following vote, to wit: AYES: DOWNS, ERWOOO, RICHARDS, WOOD, AND CRITES i NOES: NONE ABSENT: NONE ABSTAIN: NONE ram-' � w BUFO CRITES, Chairman ATT RAMON A. DIAZ, Secreta i I j I �I k I I' I � III i 2 i i PLANNING COMMISSION RESOLUTION NO. 1160 I EXHIBIT "A" i Section 25.56.302 is added to read: In all commercial zones a conditional use permit must be obtained for convenience stores, liquor stores and establishments with on-site consumption of alcoholic beverages. A convenience store is defined as a "grocery store used for the retail sale of food, food products, dairy products, and alcoholic beverages for consumption off the premises." I 1 i i 3 PROOF OF PUB ATION This space is for :ounty Clerk's Filing Stamp (201S.S C.C.P.) '86 JUN 25 AM 1112 CITY CLERKS 01 ri >E STATE OF. CALIFORNIA, County of Riverside 1 am a citizen of the United States and a CITY OF PALM DESERT resident of the County aforesaid; I am over the age of eighteen years, andlnot a party to Proof of Publication of or interested in the above-entitled maftec. I SE No . ZOA„8,f-4 ,,,,,,,, am the principal clerk of the printer of the """"""""....... DESERT POST .............. ................................. ......... ......... •••. CITY OF PALM DESERT LEGAL NOTICE ................................i..=......... CASE NO.ZOA$64 a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a public hearing will be held bel, a 'ha Palm " Careen Planning Commieelon to cornslder a request by the CITY OF F dJ.l 3ESERT regulring a conditional use permit In ail city commercial zones in to,+entente $i—Weekly - stores and liquor selling establishments. and published .................................. SAID public hearing will be held Tuesday.Jury 1,1986,at 700 P.m..l1 ne Council Chamber at the Palm Desen Civic Center,73-510 Fred Waring Dri a Falm Desen, California,et which lime and Place all Interested persons are Inv:.eC tD atterld and— in the City Of ...Part.Y1•aose x•t............. be heard.if you challenge the proposed actions In court,you hill be limited to rain ing only,moss i9suea You Of someone else raised at the public hearing described in Count' of Riverside, and which OBWS• this notice,or In written correspondence delivered to me plane =o commission(or paper has been adjudged a newspaper city council)al,or prior 10,the public hearing. RAMON...DIAZ,Secretary of general circulation by the Superior Wit DP �� pallmmlDesert Planning CommiSM(ln Court of the County of Riverside, State of _.�. __.. California,under the date of.10/5 19 64 Case Number . 133658... ,; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 6/20 all in the year 19.8b.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at...P.4114.11MArl:................... California:this Oth....day oi...:�une1986.. Fr"coF1H of III DIARY term mAy IN MCYrM Inmt CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west SOCOnd s ., Losne- An�I62 16-C it. �12 Telep visa"roa 90I•MA �11111r Km IY►IlcAliM. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A ZONING ORDINANCE AMENDMENT AMENDING SECTION 25.56.302 TO CHAPTER 25 OF THE PALM DESERT MUNICIPAL CODE. CASE NO: ZOA 86-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the loth day of August, 1986 hold a duly noticed public hearinq to consider zoning ordinance amendment 86-4. WHEREAS. said amendment would define the term "convenience store" and requires a conditional use permit in all commercial zones for said use. I WHEREAS, after reviewing the staff report and accepting all public testimony from those wishing to speak, said council made the following findings. 1 . There was aInecessary need for the provisions setforth in the proposed amendment. 2. The ordinance as written resolves the concern raised by the previous similar ordinance on May 20, 1986. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as Hollows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. 2. That the city council does hereby approve ZOA 86-4, as provided in the attached exhibit labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1986, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California I /dlg ORDINANCE NO. EXHIBIT "A" Section 25.56.302 is added to read: In all commercial zones a conditional use permit must be obtained for convenience stores. liquor stores and establishments with on-site consumption of alcoholic beverages. A convenience stone is defined as a "grocery store used for the retail sale of food, food products, dairy products and alcoholic beverages for consumption off the premises". i i i 1 i E 2 MINUTES PALM DESERT PLANNING COMMISSION JULY 1 , 1986 Moved by Commissioner Downs , seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1159, approving PP 86-29 and PMW 86-II , subject to conditions as amended. Carried 5-0. G. Case No. ZOA 86-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment requiring a conditional use permit for convenience stores and liquor selling establishments in all zones. Mr. Diaz explained that the ordinance had been revised as commission requested and noted that the condition regarding hours of operation had been deleted. Staff recommended approval . Commissioners Wood noted that he was in favor of anything that would tightenfup convenience store operation. Commissioner Erwood asked if this ordinance would apply to existing businesses. ' Mr. Diaz replied no, only businesses coming in after the ordinance was adopted. Commissioner Downs asked that if a business changed ownership it would then be subject to this ordinance. � Mr. Diaz replied no. Mr. Diaz explained that if a nuisance was determined, it would come under a different code section. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to� the proposed. There being no one, the public testimony was closed. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. i Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1160, recommending approval of ZOA 86-4 to city council . Carried 5-0. H. Case No. ZOA 86-5 - CITY OF PALM DESERT, Applicant Request for approval of an amendment adding section 25 .86. 015 and amending sections 25.30.220, 25.30.230, and 25.30.240 to identify developments which would require city council 11 n a INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMIISSION FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 1 , 1986 SUBJECT: ZOA 86-4 This ordinance amendmen is to clarify the concerns raised over a 'previous proposal to require a 'conditional use permit to convenience stores. That proposal limited the CUP requirement to the C-1 zone; while, the ordinance now before commission would require a CUP in all zones. The ordinance before you also deletes the hours operation provisions present in the previous ordinance, but already provided for in other sections of the Palm Desert Municipal Code. Section 25.56.302 is added to read: In all commercial zones a conditional use permit must be obtained for convenience stores, liquor stores and establishments with on-site consumption of alcoholic beverages. A convenience store is defined as a "grocery store used for the retail sale of food, food products, dairy products, and alcoholic beverages for consumption off the premises." The addition of this seltion to the code incorporates the CUP requirement for convenience stores and on-site consumption of alcoholic establishments to all commercial zones. The amendment as now proposed deletes the nuisance provision which concerned the commission. ` k JRA IAZ 0OR 0 COMMUNITY DEVELOPMENT /tm I e w PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTION 25.56.302 to Chapter 25 of the Palm Desert Municipal Code. CASE NO. ZOA 86-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of July, 1986, hold a duly noticed public hearing to consider zoning ordinance amendment 86-4; and WHEREAS, said ame dment would define the term "convenience store" and requires a conditional use permit in all commercial zones for said use; and WHEREAS, after reviewing the staff report and accepting all public testimony from those wishing to speak, the commission made the following findings: 1 . There was a necessary need for the provisions setforth in the proposed amendment. 2. The ordinance es written resolves the concern raised by the previous similar ordinance on May 20, 1986. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California,las follows: I . That the above recitations are true and correct and constitute the findings of th,6 commission in this case; 2. That the plalning commission does hereby recommend to the city council approval of a Zoning Ordinance Amendment 86-4, as provided in the attached exhibit, labeled Exhibit "A." t ' PLANNING COMMISSION RE56LUTION NO. PASSED, APPROVED Ind ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this Ist day of July, 1986, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary! I 2 I PLANNING COMMISSION RE i UTION NO. i EXHIBIT "A" Section 25.56.302 is addbd to read: In all commercial tones a conditional use permit must be obtained for convenience stores, liquor stores and establishments with on-site consumption of alcoholic beverages. A convenience store is defined as a "grocery store used for the retail sale of food, food products, dairy products, and alcoholic beverages for consumption off the premises." i i i G 3 i sI Cu$at�r Off D-um 11D(!D=c�n l 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 I TELEPHONE (619) 346-0611 June 13, 1986 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 86-4 NOTICE IS HEREBY GIVENIthat a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT requiring a conditional ILse permit in all city commercial zones for convenience stores and liquor selling establishments. k SAID public hearing wi l l be held on Tuesday, July 1 , 1986, 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 planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Palm Desert Post tRAMON A. DIAZ, Secretary June 20, 1986j Palm Desert Planning Commission I I f MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 1986 MR. BERNARD LEUNG, architect, stated that there were no problems meeting the parking requirement and felt that the building was nice looking and would upgrade the property. Mr. Leung stated that he would prefer having a third compact parking space than one foot of landscaping. I Chairman Crites' asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. i Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1146, approving PP 86-17, subject to conditions. Carried 4-0. I F. Case No. ZOA 86 CITY OF PALM DESERT, Applicant Request fo approval of an amendment to section 25.28.030j (General Commercial District) of the code of the city of Palm Desert relating to conveniekce stores and liquor selling establishments. Mr. Diaz outlined the salient points of the amendment. After discussio , Mr. Erwin noted that evaluation would be on a case by case basis, and only after a factual determination that a nuisance exists. Chairman Crites asked if all uses in the zone would be effected, such as mortuaries. Mr. Erwin concurred. Commissioner Richards felt that this was doing something after the fact and noted that the city can already regulate hours of operation. Mr. Erwin explained that the amendment would allow the commission and council a course of action if a business changes or becomes in any way offensive to the public and gives some authority not to eliminate the use. Commissioner Richards asked if actual data would be obtained before the recommendation. Mr. Erwin concurred. Commissioner Erwood expressed disagreement with the amendment on the grounds that it was intrusive. Chairman Crites asked how the i 7 I MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 1986 i commission could make a determination of factual findings with no case law background. Mr. Erwin stated that factual findings could be made on everything that would be submitted to the commission. He noted that his office would create a set of guidelines to follow. Commissioner Downs also expressed opposition to the amendment. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the amendment. There being no one, the public testimony was closed. Mr. Diaz slated that the commission could send the amendment to council without a recommendation or instruct staff to prepare a resolution of denial . Commissioner Richards stated that it should be passed tiack to city council and felt they were asking the commission to act without findings. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, instructing staff to prepare a resolution of denial . Carried 4-0. r VIII. MISCELLANEOUS A. Senior Housing Project Report. i Mr. Dial informed commission that 900 units have been approved i within the city's annexed areas. He did not feel that 900 units within a 20 square mile area was an inundation. B. Newman Center request for Parcel Map Waiver. i Mr. Diaz stated that the Newman Center was requesting a parcel map waiver to join parcels. Action: I Moved by Commissioner Richards, seconded by Commissioner Erwood, approving the parcel map waiver by minute motion. Carried 4-0. C. Mr. Charles Martin addressed the commission IX. ORAL COMMUN[GATIONS I j NONE. I 8 I I I R INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMI LION FROM: DIRECTOR OF COMUNITY DEVELOPMENT DATE: MAY 6, 1986 SUBJECT: ZOA 86-4 The attached zoning ordinance dealing with convenience stores was requested by the city council . The purpose of the ordinance is to enable the city to exercise greater contr l over these uses. In addition to the ability to control the hours of 4eration of a use found to be a nuisance provides a simple and rapid method to resolve problems when they arise. The ordinance proposes to revisions, one specifically requiring a conditional use permit for convenience stores and markets, thus placing them in the same category as grocery stores. The second would enable the commission or council upon proper findings of nuisance to control the hours of operation of any use in the general commercial zone. STAFF RECOMMENDATION: Adopt a resolution recommending to the city council adoption of ZOA 86-4. iMON A. IAZ DIRECTOR OF COMMU ITY DEVELOPMENT /tm PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY I'COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTION 25.28.030 (GENERAL COMMERCIAL DISTRICT) OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. fOA 86-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of May, 1986, hold a duly noticed public hearing to consider an amendment to the zoning ordinance requiring a conditional use permit for convenience stores and markets and regulating hours of operation. WHEREAS, said amendment 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 community development has determined the amendment to be categorically exempt. 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 $oning 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the abovq recitations are true and correct and constitute the findings of the commission in this case; 2. That the planning commission does hereby recommend to the city council approval of a Zoning Ordinance Amendment 86-4, as provided in the attached exhibit, labeled Exhibit "A." r PLANNING COMMISSION RESOLUTION NO. i PASSED, APPROVED Ld ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of May, 1986, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary: I i i i 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 . That Section 25.28.030 of the code of the City of Palm Desert be, and the same hereby is, amended to read as follows: Section 25.29.030. Conditional Uses. The following uses shall be permitted subject to a conditional use permit: a. Accessory structures and uses located on the same site as the conditional us; b. Automobile serlice stations, as specified in Section 25.56.330; C. Amusement and recreation establishments including, but not limited to, theatre an� amusement arcades; 1 . All businesses presently having five (5) or more mechanical or electronic games shall either apply for a conditional use within six (6) months of the date of the ordinance codified in this subsection, or reduce the number of said games to four (4) . 2. If the a1ppl scant is refused a conditional use permit, the individual shall reduce the number of said games to four (4) within sixty (60) days of denial or permit request. d, Grocery storesi e. Convenience stores and/or markets, which are defined as "a grocery store used for the retail sale of food, food products, dairy products and alcoholic beverages for consumption off the premises." f. Hospitals. g'. Hotels. h. Liquor stores. i . Mortuaries. j . Public utility installations. k. Restaurants, e cept for drive-in or drive-through. 3 ' PLANNING COMMISSION RLaILUTION NO. li Section 2. ThatESection 25.28. 180 be, and the same hereby is, added to Chapter 25.28 of the Code of the City of Palm Desert to read as follows: Section 25.28. 180. Hou s of Operation. The city council or the planning commission, upon a factual finding of activities within the general commercial district which create a nuisance, shall have the authority to regulate the hours of operation of permitted uses and conditional uses specified within this chapter. Section 3. The city clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert and the same shall be in full force and effect thirty (30) days after its adoption. I a E ERWIN & ANDERHOLT DAVID J.ERW IN i A PROFESSIONAL LAW CORPORATION PALM SPRINGS OPPICE J.JOHN ANDERHOLT 74-090 EL PASEO 960 EAST TA HOUIT2 WAY JEFFERY S.R.PATTERSON MICHAEL J.ANDELSON POST OFFICE BOX 789 SUITE 203 DOUGLAS S.PHILLIPS PALM SPRINGS,CALIFORNIA 92262 GREGORY A.SWAIIAN PALM DESERT, CALIFORNIA 92261 CHARLES M.ELLIS LANTSON E.ELDRED TELEPHONE(619)568-2611 TELEPHONE(619)322-2466 CAL IINTOSL.SUPPLE TELECOPIER (619) 341-3635 CAL AM TO SH JJ�'VVt�UU1l�vjjll �� BARBARA E.NRISTAL WI LLIAM N.HAN LIN+ BRIAN F. CAINE SO AN M. LEWIS++ MA J.SULLIVAN March 12 1986 MAR 1 3 TIMOO THY M..CON CONNOR � T 198[� •CAUFORNIA AND CANADIAN MRS avo *ADMITTED IN COLORAOO ONLY COMMUNITY 6ERVICES DEPARTME14T CITY OF PALM DCSERT Mr. Ray Diaz City of Palm Desert Post Office Box 1977 C� Palm Desert, California 92261 m _n r� C, A R C ul Re: Ordinance, Amending Section 25. 28 . 030 0 o -n WE ENCLOSE THE FOLLOWING: Finalized Ordinance I-n N co x FOR YOUR FILES. ,E FOR YOUR INFORMATION. IN ACCORDANCE WITH YOUR REQUEST. PLEASE COMMENT. PLEASE SIGN AND RETURN. 7L_ PLEASE READ AND TELEPHONE ME. PLEASE READ AND ADVISE ME HOW TO REPLY. FOR APPROPRIATE HANDLING. Yours er trul , i VID J. ERWIN DJE/vcd enclosure(s) i r ORDINANCE NO. AN ORDIINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25 . 281030 (GENERAL COMMERCIAL DISTRICT) OF THE CODE OF THE CITY OF PALM DESERT. I The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: I Section 1 . I That Section 25 .28 . 030 of the Code of the City of Palm Desert be, and the same hereby is, amended to read as follows: Section 25 .29 . 030 . Conditional Uses. The following uses shall be permitted subject to a conditional use permit: I. Accessory structures and uses located on the same site as the conditional uses; b. Automobile service stations, as specified in Section 25. 56. 330; I . Amusement and recreation establishments including, but not limited to, theatre and amusement arcades; 1. All businesses presently having five (5 ) or more mechanical or electronic games shall either apply for i a conditional use within six (6) months of the date of the ordinance codified in this subsection, or reduce the number of said games to four (4) . 2 . If the applicant is refused a conditional use permit, the individual shall reduce the number of said games to four (4) within sixty (60) days of denial or permit request. d. Grocery stores . el. Convenience stores and/or markets, which are defined as "a grocery store used for the retail sale of food, food products, dairy products and alcoholic beverages for consumption off the premises. " -1- i I DJE11/26 i i £. Hospitals. I g. Hotels. I h. Liquor stores. i . Mortuaries. I' . Public utility installations. Ik. Restaurants, except for drive-in or drive-through. Section 2 . That Section 25 . 28. 180 be, and the same hereby is, added to Chapter 25 .28 of the Code of the City of Palm Desert to read as follows: 25 . 281180. Hours of Operation. The City Council or the Planning Commission, upon a factual finding of activities within the general commercial district which create a nuisance, shall have the authority to regulate the hours of operation of permitted uses and conditional uses specified within this chapter. Section 3 . The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this day of 1986, by the following vote, to wit: I AYES : NOES: ABSENT: I ABSTAIN: RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk -2- CITY OF PALM DESERT M E M O R A N D U M TO: Tonya Monroe, Secretary, Planning Department FROM: Sheila RI. Gilligan, City Clerk SUBJECT: CONVENIENCE STORES DATE: 28 February 1986 The City Council has directed Dave Erwin to prepare an ordinance amdending the zoning ordinance which will mandate that all convenience stores be approved through the Conditional Use Permit process . This will require a public hearing at both the City Council and Planning Commission levels . Two individuals have asked to be notified of these public hearings. They are: Nick Ba€taglia, District Manager 7-EleveT Food Stores , District 2131 26916 East Baseline Highland, CA 92346 Bob Wei stein 7-Eleven Food Store 73-800 Highway ill Palm Desert, CA 92260 If I get any further requests , I will forward.to you to be sure they get placed on mailing list. SHEILA GILLIGAN J y m City of RAN ((;C O MIRAGE 69-825 HIGHWAY 111 RANCHO MIRZ91L41FORNIA 92 70 TELEPHONE (619) 324-4511 86 A 3 PM 3 0 OFFICE OF THE MAYOR CITY CLERI&bm6e 1986 G. ROBERT CRAIG ! R IIIV19D Mayor Richard Kelly FEB 18 1986 City of Palm Desert P. 0. Box 1977 COMMUNITY SERVICES DEPARTMENT Palm Desert, CA 92261 CITY OF PALM DESERT RE: Proposed 7-Eleven Location Dear Dick: I It has been brought to the attention of the City of Rancho Mirage that Southland Corporation, dba 7-Eleven Food Stores, has submitted an appli- cation to the State I Alcoholic Beverage Control Board to engage in the sale of alcoholic beverages at 72-180 Highway 111 in Palm Desert. It may seem odd that I should write to you concerning an application in the City of Palm Desert. My reasons are twofold: 1. Within the last six months, the City of Rancho Mirage reviewed a re- quest of a 7-Eleven Store in our city limits. Because of the concerns expressed by neighborning citizens and law enforcement officers, the request was denied. 2. This specific llcation happens to be right at the border between the cities of Palm Desert and Rancho Mirage. Thus, the impact of this project on the City of Rancho Mirage, and in particular the residen- tial neighborhood adjacent to the proposed location, is of great con- cern to the City of Rancho Mirage. i I would like to take this opportunity to identify four major concerns of the City of Rancho Mirage with the Southland Corporation's proposed us of this property and any permit or approval to be issued by the City of Palm Desert. First, I have strong concerns regarding traffic at this specific location. The corner is located adjacent to Highway 111, which is a heavily trafficked thoroughfare, and is often congested due to turning movements on and off Parkview Drive without the assistance of a traffic signal. I also feel the site is inadequate in size to facilitate proper parking requirements and the maneuvering of vehicles in and out of public right-of-way. Recently the City of Rancho Mirage, in conjunction with another project, completed and participated in Ian environmental impact report for the Parkview Drive area, which raised many of these same concerns relating to traffic. It is the City's opinion the addition of this activity at that specific corner will only add to additional traffic congestion and safety problems in that area. i t I Mayor Richard Kelly Page 2 January 2, 1986 I Secondly, although the Highway 111 frontage has commercial activities, we must remember the adjacent property to the rear of the commercial uses reflects a residential neighborhood. In fact, the City of Rancho Mirage has zoned those parcels fronting Highway Ill as "Limited Commercial." This zoning was established to provide uses compatible and harmonious with adjacent residential neighborhoods. An example of this type use is retail shops, or other similar uses that operate during daylight hours. It is the City's feeling a 7-Eleven operation would most likely operate until 11:00 p.m. , and perhaps 24 hours a day, and thus would be incompa- tible and detrimental to the surrounding residential neighborhood. Third, in reviewing the 7-Eleven application within the City of Rancho Mirage, our law enforcement agency expressed concern for what typically occurs around and in association with a convenience store operation. It is felt problems which require additional law enforcement will affect the surrounding neighborhood and are not desirable. Fourth, from a purely business standpoint, it would appear there is no need for this type activity due to the close proximity of other businesses currently engaged in the sale of alcoholic beverages and other miscellaneous items similarly found in a convenience food market. One quarter mile from the proposed site, you have a convenience store/gas station at Fred Waring and Highway 111, at which alcoholic beverages are sold. Within one half mile of the proposed site in the other direction, there exists a major shopping center containing two chain operations that sell alcoholic bev- erages (Von's and Long's Drugs) . Dick, thank you for (giving me the opportunity to express the concerns of the City of Rancho Mirage. I do not know the status of this project within your planning process, so could you please discuss our concerns with your City staff and let me know the status. If our City staff or if I can be of further assistance in this matter, please feel free to contact me. Sincerelv, G. Robert Craig Mayor GRC:PMP:mb Enclosure: Copy of `Notice of Intent N v �+ I ORDINANCE NO. 324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE AMENDING SECTIONS 17.12.078 PLANNED UNIT DEVELOPMENT - COMMERCIAL (PUD-C) ZONE AND 17.12.082 GENERAL COMMERCIAL ZONE (PUD-CT) ; AND ADDING SECTIONS 17.12.079 USES NOT PERMITTED WITHIN THE PUD-C ZONE AND 17.12.083 USES NOT PERMITTED WITHIN THE PUD-CT ZONE OF THE RANCHO MIRAGE MUNICIPAL CODE RE- LATING TO COMMERCIAL USES. The City Council of the City of Rancho Mirage does ordain as follows: Section J Section 17.12.078 of said Code is amended to read as follows: 17.12.078 - Planned Unit Development - Commercial (PUD-C) Zone I Permitted uses within the PUD-C Zone are as follows : 1. AntiJue Shops 2. ApparIel Stores 3. Appliance Stores 4. Art, !Hobby, or Photography Shops and Studios 5. Bakeries (with baking incidental to retail sales) 6. Barber and Beauty Shops 7. Bicycle Shops 8. Blueprint and Duplicating Services 9. Bookstores 10. Carp eIt and Drapery Stores 11. Churches (only on a temporary basis not to exceed one (1) year, subject to Planning Commission approval) 12. Cleaning and dyeing (retail only) 13. Confelctionary, Candy or Ice Cream Stores 14. Delicatessens 15. Department Stores 16. Drugstores 17. Financial Institutions 18. Florist Shops 19. Food Markets 20. Furniture Stores 21. HardwIare Stores 22. Health Clubs (excluding massage parlors) 23. Hotels and Motels 24. Inter:ior Decorating Shops 25. Jewelry Stores 26. Laboratories (including film, medical and dental) 27. Laundries and Laundromats (retail only) 28. Liquoi Stores 29 . Musicl Stores 30. Nurseries and Garden Supply Stores 31. Paintland Wallpaper Stores (retail only) 32. Pet Shops 33. Printers or Publishers 34. Private Clubs 35. Professional Offices, Studios, Office Buildings 36. Radio and Television Broadcasting Studios (no transmitting) 37. Recording Studios 38. Restaurants (excluding drive-in, drive-up or drive-through) 39. Schools 40. Shoe Stores (sales and repairs) 41. Sign or Lettering Shops 42. Signsi 43. Sporting Goods Stores 44. Stationery or Gift Shops 45. Theaters (excluding drive-ins) 46. Tailor Shops 47 . Tire Sales and Service (not including recapping) i 48. Toy Stores 49. Travel Agencies 50. Such*her specific commercial uses at specific locations the Planning Commission finds to be of similar charac- ter, compatible and consistent with the uses in this Section and with surrounding development, subject to such Conditions as the Planning Commission may impose. Section 2: Section 17.12.079 of said Code is added to read as follows: 17.12.079 - Uses NOT permitted within the PUD-C Zone are as follows : 1. Automobile Parts and Supply Stores 2. Car Slash Facilities 3. Convenience Stores or Markets 4. Drive-in, Drive-up or Drive-through Restaurants 5. Drive-in Theaters 6. Massage Parlors 7. Service Stations 8. Vehicle Sales , Rental, Leases and Services 9. Such other uses the City may from time to time find to be dissimilar in character, incompatible or inconsistent with the permitted commercial uses or with surrounding development. i Section 3: Section 17. 12.082 of said Code "is amended to read as follows: 17.12.082 - General Commercial Zone (PUD-CT) The PUD-GT Zone is intended to be a General Business Zone, pri- marily o�fice, retail and service business in character. In accordance with the City's General Plan, a specific plan shall be prepared with a phasing plan for minimum size development to be allowed before a Building Permit is issued for any new de- velopment. No conversion of existing homes to commercial uses is permitited. . Permitted uses in the PUD-CT Zone are as follows: 1. As provided in the PUD-Commercial (PUD-C) Zone, Section 17.12.078. Section 4: Section 17.12.083 of said Code is added to read as follows: { 17 12 083 - Uses NOT permitted within the PUD-CT Zone are as follows: 1. As provided in the PUD-Commercial (PUD-C) Zone, Section 17.12.079. Section I: The City Clerk shall certify to the passage and adoption of this Ordinance and the same shall be effective Thirty (30) days following its !adoption. PASSED AND ADOPTED this 3rd day of October 1985. CITY OF RANCHO MIRAGE ATTEST: 1� i G. Robert Craig, Mayor Barbara E. Dohn, City Clerk APPROVED AS TO FOELK: Se n e nor Harris, City Attorney PROOF OF PU ATION This space is for County Clerk's Filing Stamp (2015.5 C.C.P. I I STATE OF. CALIFORNIA. County of Riverside am a citizen of the Unitedl States and a CITY OF PALM DESERT resident of the County aforesaid; 1 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 86-4 DESERT POST ...............................•....I..........:..... CITY OF PALM DESERT LEGAL NOTICE a newspaper of general circulation, printed CASE NO.ZOA 88d 9 P NOTICE IS HEREBY GIVEN that a public hearing will be held before the .Palm Desert Planning Commission to consider a request by the CITY B i-week 1 y, OF PALM DESERT amending section 25.28.00(General Commercial and published ...•........................... District)of the code of the City of Palm Desert relating to convenience stores and liquor selling establishments. In the City of Pa1tn.Deser• SAID public hearing will be held on Tuesday,May 6,1966,at 7:00 p.m. Y ••• t......••••••• In the Council Chamber at the Palm Desert Civic Center,73-510 Fred County of Riverside, and ,which news- Waring Drive,Palm Desert,California,at which time and place all In- er has been adjudged a newspaper the sled persons are Invited to attend and be heard If you challenge pap I 9 pape proposed actions In court,you may be limited to raising only those of general circulation' by the Superior issues you or someone else raised at the public hearing described in this notice,or In written correspondence delivered to the planning com, Court of the County of Riverside, State of - mission(or city council)at,or prior to,the public hearing. RanwnA.Diaz,Secretary California, under the date of•10/5 1964 , Palm Desert Planning Commission (Pub.D.P.Apr. 18, 1986) I Case Number . 8 3658......; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 4/18 all in the year 19.8.6.. I certify (or declare) under penalty of Rerjury that the foregoing ((s true and correct. I Dated at....(?.S? t4.R1 9RF.)...t............... California,this..18th day of.IAP,r;, 19 86 I asa�f I . . ..1g^a.. r Free copies or this bunk form met,a'"Cured Irom: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC.I Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone: 4213) 625.2541 Pita"rpartl O E N E■AL Proof bl PvbllcsllM whin wderino Ihu fM111. 1 y 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 April 11 , 1986 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 86-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT amending section 25.28.630 (General Commercial District) of the code of the City of Palm Desert relating to convenience stores and liquor selling establishments. I SAID public hearing will be held on Tuesday, May 6, 1986, 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 on 1 y those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public heating. PUBLISH: Palm Desert Post RAMON A. DIAZ, Secretary April 18, 1986 Palm Desert Planning Commission For two and half years, we at the Palm Desert Biltmore have tried to be good neighbors to the Southland Corporation' s retail stores, Chief and 7111. We erected a wall and supplied the labor to paint it, in an effort to protect ourselves from the constant noise and littler blowing our way: but it has had little affect. Our major contention is that one neighbor whould not have to protect itself from another, nor should all t payers have to pay to police a private parking lot. Southland Corporation instrlucts its employees not to permit loitering (only because it is concerned with robbery), but its V11 stores are a nationwide headache as a hangout for young people. iSome of the millions it spends on auto and boat racing could be used better in cleaning up its .stores. Our sales product is sleep in a quiet, clean enviroment. but over half of our units are subject to the noise from the parking lot and frontage road. We often have to reduce our prices on those units and have even lost 20 year customers because of this problem. Our property is also used as both a short-cut and a toilet by 7/11 patrons, especially on weekends, requiring that I patrol all night from dusk until 3 AM chasing people out and picking up beer cans, bottles and paper. We are not talking about little kids either. The majority are over 18 and into their late twenties. We notice a marked increase when C.O.D. reopend. We are aware of past Llice attempts to cut down on drug and alcohol viblations, but these are not our concern, and besides they are only temporary attacks. The sheriffs are sympathetic, ut they have "major crime" to worry about. I've been told to call every single time I have a problem, but that is like "the little boy who cried wolf" - besides falling an emergency 911 number for noise, car racing etc. doesn't seem right. One sheriff told me to carry a shotgun (empty). Another said "at least we know where theall are". Another said to make citizen arrests, since Palm Desert has no loitering laws they cannot do anything about the tailgate parties on the frontage road and slide streets. I was told that the Red Onion is the major concern at present, but matey of the same people go back and forth cruising the parking lots. Y The parking lot is privaw�loronerty and can only be cleared at 7/11' s request. Our problem could be worsened if 7/11 were to hire a security guard to clear I the parking lot, unless the police also clear the frontage road and side streets. I If the frontage is ever blocked off and made a two-way street again, we might as well bulldoze the Biltmore� The traffic (racing and burning rubber. blaring radios and shouting) would be unbearable, beside removing our parking. What we are asking is continuous, unrelenting, and unfriendly harrassment by 7/11 and the police, especially on Friday and Saturday nights of those who have made this an open air nighi club. 7/11 does not have an onsale license for food or drink; it is not a legal drive-in but is allowed to operate as one. Even Chief Auto Parts, despite the sign in the window, makes no attempt to stop people from I I working on their cars. I've seen complete brake jobs done in the parking lot in the middle of the night, with radio on full blast. The first thing we request of the city is a loitering law. The second is I rigid enforcement. We realize that the kids have lookouts to warn of the approach I of a black and white and hide their booze to avoid being busted for drinking in public or underage violations. Many park their care on Alessandro, San Luis Rey or down the frontage road tllllo avoid being trapped in the lot. Many have ice chests (and steal ice from our maLine) in their trunks, some full bars. The third request is that since 7/11 is operating as a drive-in, that they provide a bathroom for their customers. If the health department would check the bushes around the place for urine they would find more human than canine. This is a truly disgusting and unhealthy situation, practiced by both girls and boys at f all hours of the day and night. The population boom and the opening of the new high school (unless a new 7111 goes in closer) will only increase the problem. The kids with cars are going to be racing to 7/11 for lunch and after school as they do in Indio now. I'm afraid that this i store could cost the city more in law enforcement (especially if it is done right) than its sales tax revenues bring'in. We suggest a "closed" campus. The sheriffs also ignore the exhibition of speed (burning rubber, lay a track, etc) i and loud muffler violations of the people "burning out". Friendly warning do no good, I but the alternative means paperwork. A serious crackdown on these violations with a fine instead of warning or fix-it citation would help get the message across. Maybe the curfew could bie a little better enforced. Some nights the parking lot and our walkways are skateboard tracks. If we had the money we would consider further barricading ourselves in by putting wrought iron gates at our entrances on Highway 111, but this would not keep out the noise. We cannot aggressively Ittack the people causing our problem because they could destroy us if it ever become the "kids verses the Biltmore' It' s bad enough now, picking up after them and chasing them off our yard. and yes. even off the roof. Our property across Alessandro on the corner of San Luis Rey is constantly being vandalized and used as a bathroom also. A day seldom goes by that I don' t have to I replace several sprinkler heads or wash up urine or even human defecation (how do I know? Because they left, on several occassions. their soiled underwear). It is our contention that there is a very important basic flaw in the Southland Corporation business philosphly, since this problem exists in a very high percentage of their 7/11 stores. It may profess altruison with its sponsorship of bicycle. boat and auto racing ( all large tax deductions) but its everyday operation is based on self-protection and greed. I've been through the Chief/711lutraining-program and as a former high school teacheriand Chief employee, I can evaluate the program as being concerned with employee theft, robbery, shoplifting and getting the job done as cheaply as possible; all the rthile professing community service. The ultimate solution will not be individual businesses or cities complaining to Southland, but the League of Cities, Mayors, Police Chiefs of the state or nation. I would love to have a 15 hour video tape, with sound. to play for you each Saturday .or Sunday morning. In summary, our suggestions: 1. Provide and maintain cllan restrooms. 2. No loitering ordinance. 3. Rigorous enforcement of all traffic, noise, loitering, toning, licensing and health violations. 4. Posting of signs. 5. Limit hours of video game usage. Since they do not have enough on site parking for a store, video arcade, restaurant, 24 hour telephone booth and busy auto parts and repair store. 6. Limiting hours of liquor sales to 11 PM. T. Never make this front road a two-way street. 8. Make sure food handlers and food serving meets health codes. 9. Since they are open 24 hours instead of 7 to 11, move the telephones inside - they are a major source of congregation at night. 10. Survey the homeowners of San Luis Rey, San Jose, Alessandro, etc. to see that we are not the only concerned residents. Doug and Dee Mabus, Managers Palm Desert Biltmore 73450 Highway 111 Palm Desert, California 92260 (619) 346.6o88