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HomeMy WebLinkAboutZOA 97-3 RESIDENTIAL ESTATE ZONE 1997 J CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT 1. TO: Honorable Mayor and City Council II. REQUEST: Approval of 1) A Negative Declaration of Environmental Impact; 2) Project Area 4 Specific Plan; 3) Change of zone implementing recommendations of the Specific Plan; and 4) Amendments to Chapter 25.14 of the Zoning Ordinance for the RE (Residential Estate Zone) and Chapter 25.76 for Nonconforming Lots, Buildings and Uses as recommended by the Specific Plan. III. APPLICANT: City of Palm Desert IV. CASE NOS: GPA 97-1 , C/Z 97-3, ZOA 97-2 and ZOA 97-3 V. DATE: April 10, 1997 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. Draft Ordinance Nos. and D. Planning Commission Minutes dated March 18, 1997 E. Planning Commission Resolution Nos. 1794, 1795, and 1796 F. Planning Commission Staff Report dated March 18, 1997 G. Related maps and/or exhibits ------------------------------------------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Adopt findings and approve a Negative Declaration of Environmental Impact, and: 1 . Resolution No. approving GPA 97-1 , Project Area 4 Specific Plan; 2. Pass to second reading Ordinance No. approving C/Z 97-3; 3. Pass to second reading Ordinance No. approving ZOA 97-2; and 4. Pass to second reading Ordinance No. approving ZOA 97-3. I �•--� City of Palm Desert / Council Agenda Request Meeting of April 10, 1997 To be considered under. Consent Calendar_ Resolutions_ Ordinances— New Business_ Old Business_ Informational Items_ Public Hearings X Other_ Item Title: (Please provide Approval of 1) A Negative Declaration of Environmental Impact; 2) Project Area 4 Specific Plan; 3) Change of zone implementing _ recommendations of the Specific Plan; and 4) Amendments to — Chapter 25.14 of the Zoning Ordinance for the RE (Residential Financial: (Complete ifaF Estate Zone) and Chapter 25.76 for Nonconforming Lots, (a) Account/Project#_ Buildings and Uses as recommended by the Specific Plan. (c) In the Current Budget? (c) Appropriation Required? Approved by Director of Finance: Submitted by: Philip Drell Approvals: Department v City Manager /tm ORDINANCE NO. 841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING i ORDINANCE TEXT CHAPTER 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. CASE NO. ZOA 97-3 {{ The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as I follows: SECTION 1 : That a portion of Ordinance No. 107 referencing Section 25.46.1 of the j Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A." I SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm 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 by the Palm Desert City Council this 24th day of April, 1997, by the following vote, to wit: i AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY NOES: NONE ABSENT: NONE , ABSTAIN: NONE I ARD S. KELLY, Mayor/� ATTEST: I -' SHEILA R. LIGAN, C* Clerk City of Palm Desert, ifornia , I 1 ORDINANCE NO. 841 EXHIBIT "A" NONCONFORMING LOTS, BUILDINGS AND USES 25.76.075 Conforming process for legal nonconforming residential uses in residential and office professional zones Legal nonconforming residential uses in R-1 , R-2, R-3 and OP zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The architectural commission shall receive and review applications for conforming status. As part of their review the architectural commission may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the architectural commission may be appealed to the city council. 2 CITY COUNCIL STAFF RE .RT CASE NOS. GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 APRIL 10, 1997 have been able to encourage more rehabilitation through this provision than any other incentive or enforcement program. Since well maintained apartments are considered compatible with professional offices, the proposed amendment would extend the conformance process to residential uses in the Office Professional zone. Reviewed and Approved by: : LA Philip Drell /tm CITY COUNCIL ACTION: APPROVED r * DENIED P.F.CEIVED.� OTHER GATE 4 13197 4 i E c. RENS�N CRZTES, S N .E z; �0� m� '[ENT. 1IN: NONE _ -. on F ii6 With city cierx , S Office *1) Waived further reading and adopted Res. No. 97-31 approving GPA 97-1 (Proj.Are. 4 Specific Plan). 2) Passed to 2nd Reading Ordinance No.839 approving C/Z 97-3. 3) Ordinance No.84 approving ZOA 97-2 was CONTINOED. POR 30 DAYS. 4) Passed to 2nd Reading Ordinance No. 841, ZOA 97-3. Staff recommendation was approved with the stipulation that staff will do everything it can to assist people to obtain the "Letter of Conforming Use" at no charge. 5 i RESOLUTION NO. IMPLEMENTATION: OPTION 1 : Rezone Washington Street frontage from R-3 2,000 to R-1 9,000. Maintain balance of property R-1 9,000. Public access to this area shall be from Washington Street. A cul-de-sac shall be created at the end of Robin Road with an emergency vehicle gated access serving both Robin Road and the new subdivision. OPTION 2: j Consider redesignation to open space and public acquisition as a neighborhood park (see park discussion). i ISSUE V: Dudley Drive Area Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well maintained home on a 1 .66 acre estate lot behind the apartment complex. The i residential parcels are isolated from Palm Desert Country Club by an B-10 foot block wall and only have access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. The existing block wall inherently provides a significant sound and visual buffer. : POLICY: Based on the'bverall development trend on Washington Street and property owner preferences, it is appropriate that the General Plan Land Use Designation for this area I be changed to Professional Office. I I 11 I RESOLUTION NO. IMPLEMENTATION: The area including the isolated parcel shall be rezoned to Office Professional contingent on the understanding that any office development precise plan includes all vacant properties and demonstrates compatibility with existing adjacent land uses. Any proposed office development shall include a minimum 20 foot tree landscaped buffer adjacent to the perimeter wall shared with single family residences on Cardiff Street and Brighton Street. Trees shall be at least 24" box. Project grading shall not elevate grades relative to that perimeter wall more than is absolutely necessary to drain the property. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE I: Left turn access from Desert Breezes to Fred Waring Drive Traffic levels on Fred Waring have made it increasingly difficult and dangerous to left- turn exit from Desert Breezes to eastbound Fred Waring. The large Southwest Community Church facility on the south side of Fred Waring has been designed with its main entrance aligned with the Desert Breezes entrance. POLICY: If justified by traffic volume warrants or accident history, left turn access from side streets to major arterials shall be controlled via signals or prohibited by median control structures which allow only left turn entrance but only right turn exit. IMPLEMENTATION: 1 . Conduct warrant study of existing conditions and forecast potential increase for Southwest Community Church to determine feasibility of a signal. 2. Discuss issue with the County and church to determine funding sources. ISSUE II: Multiple left turn access to northbound Washington Street As is the case with Fred Waring Drive, left turn access to Washington is becoming more difficult and dangerous. 12 RESOLUTION NO. POLICY: Control left turn exits where traffic levels and accident data warrants. IMPLEMENTATION: 1 . Conduct studies of accident history. 2. In cooperation with the County, design median structures to control left turn exits. ISSUE III: Completion of road improvements for Delaware, Mountain View and Latisha This one acre lot subdivision was originally developed without paved streets. In 1989 Robin Road was paved with curb and gutter pursuant to a County assessment district. Delaware, Mountain View and Latisha will be paved through a South Coast Air Quality Management District PM10 grant. The grant will not include concrete curb or gutter (asphalt curb will be constructed). These streets cut through from Washington to Warner Trial. As congestion at the Washington/Fred Waring intersection increases, these newly paved streets will provide a convenient short cut to westbound Fred Waring via Warner Trail. POLICY: 1 . Public streets shall be ultimately.improved to city standards including curb and gutter. 2. Local streets shall'be designed to discourage non-local through traffic. IMPLEMENTATION: 1 . With the eexception of emergency vehicle access, Delaware Place and Mountain View shall be closed to auto traffic 300 feet west of Washington Street prior to the completion of the paving project. 2. Completion of full road improvements including curb and gutter shall be a lower priority and deferred until funding sources become available. 13 RESOLUTION NO. ISSUE IV: Street lighting at Fred WaringMlashington intersection (Currently there is no street lighting at the intersection of Washington and Fred Waring . Drive) POLICY: All arterial intersections should include traffic safety lighting. IMPLEMENTATION: The City shall coordinate with the County and La Quinta for planning, engineering, funding and installation of safety street lighting at Fred Waring and Washington Street. III. PARKS ISSUE I: The area is not served by any public parks The 19.5 acres vacant site north of Desert Breezes is one of the few large vacant parcels in the study area and provides significant opportunities for recreational development. It is large enough to accommodate a wide variety of facilities designed for all age categories with ample parking. The front 300 feet adjacent to Washington Street could be developed with relatively intensive uses without adversely impacting adjacent properties. The balance of the site would require careful design to address noise, lighting and security concerns of residents of Desert Breezes, Robin Road and Mountain View. While primary access to the park would be from Washington Street, a secondary entrance should also be developed to provide direct access via the interior local street system. A one acre parcel on Mountain View owned by the Coachella Valley Water District may be available as access. POLICY: All areas shall have convenient access to neighborhood parks designed to meet the specific needs 6f the residents. IMPLEMENTATION: Establish a neighborhood recreation advisory subcommittee reporting to the Project Area 4 Committee and the Parks and Recreation Commission to determine recreation needs and analyze prospective park sites including the 19.5 acre parcel. 14 I !II RESOLUTION NO. I Emphasis would be placed on the development adjacent to the Washington Street frontage. If the 19 acre site is determined to be the best alternative, design and funding mechanisms would be created to develop and maintain the facility. Since the site is easily accessible by residents of La Quinta and Indian Wells, joint funding of the facility should be pursued with these cities. i HOUSING: By their nature, the one acre parcels do not lend themselves to affordable housing. k The primary issue in the area will be to maintain housing quality. POLICY: Through adoption of the Property Maintenance Ordinance the City has committed to preservation of neighborhood quality and improvement of substandard conditions. IMPLEMENTATION: A designated code enforcement officer will identify violations of the Property ! Maintenance Ordinance and pursue enforcement. See general discussion for implementation strategy. i SUBAREA 2 Palm Desert Country Club The Palm Desert Country Club was developed in the 1960's and 1970's as an ungated, public street senior citizen planned residential community. It includes a 27 hole privately owned full length golf course and a homeowners association community center. The development is predominately comprised of modest two and three bedroom single family homes, many of which back out onto the golf course. i I. LAND USE: The country ctu"b is built-out with relatively homogeneous single family homes on 6,000 square foot lots. The current R-1 9,000 zoning requires minimum 9,000 square foot lots in new subdivisions. Commercial development is confined to the southwest Hovley Lane East/Washington Street intersection and Avenue of the States. Multifamily apartments are located in discreet areas on Michigan Avenue, I California Avenue and Washington Street. In general, significant land use conflicts are rare. 15 1 i RESOLUTION NO. II. TRAFFIC/CIRCULATION: ISSUE: Speed Control The circulation system for Palm Desert Country Club was designed with long intersecting through streets which have a tendency to encourage speeds in excess of the limit. Speeding problems have been observed on Warner Trail, California and New York/Virginia. POLICY: Given the existing street pattern, there are few effective strategies for lowering speeds other than enforcement. Stop signs which are not justified by cross traffic increase noise, exhaust emission levels, do not significantly reduce overall speed levels, and foster disrespect for traffic laws. IMPLEMENTATION: 1 . City.Engineer shall identify intersections where traffic volumes warrant stop signs. 2. Speed studies shall be conducted to identify priority streets for enforcement. ISSUE: Street Lighting Extensive street lighting was installed throughout the Palm Desert Country Club by the original developer. The lights are maintained through a lighting and landscape maintenance district. ISSUE: Street Repairs Most of the local streets within Palm Desert Country Club are generally over 20 years old and are in need of repair. The original construction specifications and roll curbs and gutters do not comply with current city standards. POLICY: To the greatest extent feasible, street surfaces shall be brought up to city standards. Although the roll curbs do not meet current city standards, their replacement should not be a high priority. 16 RESOLUTION NO. IMPLEMENTATION: A comprehensive street condition study shall be conducted by the Department of Public Works as part of their PMS (pavement maintenance system) program, resulting in a priority schedule for street repairs. Depending on condition, street will be designated for slurry seal, resurfacing or reconstruction. ISSUE: Fred Waring Drive Parkway Improvements With the exception of 1 ,000 feet of new sidewalk between Warner Trail and Elkhorn Trail, the one mile of parkway between Warner Trail and California is devoid of improvements or maintenance other then weed abatement. The rear walls of adjacent homes are inconsistent in terms of material, design and condition. In general, the parkway presents an unacceptable public image for the city and project area along this important arterial. POLICY: All public arterial parkways shall be brought up to current design standards including sidewalks and drought tolerant landscaping and attractive perimeter walls. IMPLEMENTATION: 1 . Initiate the design process for parkway landscaping including alternatives to economically integrate the existing walls. 2. Investigate possible funding sources for construction and maintenance including community development block grants and assessment districts. 3. Fence provisions of the property maintenance ordinance shall be enforced where appropriate. 4. Wall and landscape plan shall be designed to discourage graffiti. Graffiti abatement program shall utilize paint to consistently match original wall color. Ill. PARKS: ISSUE: The area is not currently served by a neighborhood park. The nearest city park facility is at Magnesia Falls and Portola, nearly four miles away. There is a 4.5 acre recreation facility owned and operated by the Palm Desert Country Club Association 17 RESOLUTION NO. on California at Avenue of the States, containing two swimming pools, spa, 8,000 square foot building complex, rose garden and parking lot. The facility is primarily oriented towards senior citizens and is under utilized. There are virtually no facilities for children or young adults. Negotiations between the City and the Association concerning acquisition and development of a public park and recreation facility on the site were not successful. There remains some opportunity for City/Association cooperation to improve and expand this facility. Through redesign of the excessively large parking lot and utilization of vacant areas adjacent to the rose garden, additional facilities could be added to significantly increase the public recreational value to the project area. POLICY: Priority shall be given to developing a neighborhood park accessible to and meeting the broad recreational needs of the Palm Desert Country Club residents. IMPLEMENTATION: City and Recreation and Park District staff shall prepare conceptual plans and evaluate the advantages of sites in the specific plan area for presentation to the Parks and Recreation Committee and Project Area 4 Recreation Subcommittee. Depending on the results of that evaluation, the respective property owners would be contacted concerning the availability and terms for use of their properties. HOUSING: The area is predominately developed with modest single family detached homes built in the 1960's and 70's. While the majority are well maintained, a growing number are falling into disrepair, through neglect, foreclosure or abandonment. The majority of the 610 deficient or deteriorated units identified in the Project Area No. 4 Preliminary Report were in this subarea. Less than 40% of the units in the area are owner occupied. This high incidence of absentee ownership may contribute to the growing property maintenance problem. The subarea also includes two older apartment complexes located on Michigan Drive between Idaho and Warner Trail and on California and Elkhorn Trail. These projects serve primarily low and very low income households. The area, which is substantially built out, contains scattered vacant single family lots. 18 RESOLUTION NO. POLICY: Through the General Plan Housing Element, Property Maintenance Ordinance and Redevelopment Plan, the city is committed to preserving housing quality and affordability. The modest nature of the housing stock in Palm Desert Country Club provides a unique opportunity to advance both of these goals. IMPLEMENTATION: A. A comprehensive survey shall be conducted to locate vacant lots and deteriorated units and identify the occupancy circumstances (i.e. owner occupied, renter, vacant, abandoned, for sale, foreclosure, etc.). Depending on individual circumstances properties will be evaluated for inclusion in the city's RDA's affordable housing program which may include: 1 . Rehabilitation loans for existing low/moderate income owner occupied units. 2. Rehabilitation loans for rental properties when owners commit to low/moderate income rental restrictions. 3. Self-help rehabilitation where RDA purchases deteriorated property, contracts with nonprofit housing corporation to supervise low income home buyers in the rehabilitation of their own homes. 4. Self-help new infill construction. As a secondary priority vacant infill parcels would be purchased by the RDA and developed through a nonprofit self-help housing program. B. The existing multifamily projects shall be periodically monitored to insure they provide a quality residential environment and to determine if conditions warrant public intervention or if opportunities exist for inclusion in the city's affordable housing program. SUBAREA 3 Hovley Lane East This subarea includes only the east-west arterial (formerly 42nd Avenue) which bisects the study area and extends from Cook Street to Washington Avenue. The portion east of Oasis was developed as part of Palm Desert Country Club in the 1960's. The street did not become a functioning uninterrupted arterial until the section between Eldorado Drive and Oasis were completed in 1995 in connection with the development of Indian Ridge Country 19 RESOLUTION NO. Club. What had been a relatively quiet access for the adjacent country clubs was transformed into a major east-west alternative to Country Club Drive. I. TRAFFIC/CIRCULATION/RIGHT OF WAY IMPROVEMENTS ISSUE: Speed Control The low level of cross traffic on this arrow straight arterial tends to encourage speeding. POLICY: Targeted enforcement of the posted speed limit shall be the primary strategy for controlling excessive speed. ISSUE: Now that Hovley Lane East has been transformed from a quiet back street to a major arterial, the increasing speed and volume dictate significant design changes, resurfacing and reconstruction of the older portion of the roadway. The south side parkway is undeveloped. Perimeter block walls between Idaho Street and Warner Trail are crumbling and painted with mismatched colors as a result of graffiti abatement. Between Warner Trail and Kansas Street walls are a disorganized combination of block and wood in varying stages of deterioration. Since country club maintenance workers are not allowed to park within the clubs, they are to park outside the gates on Hovley. On the south side, workers currently drive over the curb and park in the dirt parkway. On the north they park adjacent to the club entrance creating sight obstructions for residents turning onto Hovley. POLICY: The upgrading of Hovley Lane East shall have first priority for Redevelopment Agency funding. All road improvements designs in the area shall be submitted to the Project Area Committee for review and comment at earliest stage and shall take into account the ultimate design goals for the roadway. IMPLEMENTATION: 20 RESOLUTION NO. 1 . Left/Right Turns. Lane striping shall include a center turn lane to facilitate both entrance to and exits from side streets. 2. Where feasible right turn deceleration lanes shall be included. 3. Since Hovley Lane East is the designated golf cart/bike lane access to the study area, it is important to provide for these facilities in the reconstruction design. 4. Reconstruction plan shall provide for ultimate parkway landscaping and sidewalks including a program to encourage a unified perimeter wall design between Idaho Street and Kansas Street. Program would involve financing mechanisms and enforcement of the wall maintenance requirements of the property maintenance ordinance. The ultimate goal shall be an attractive, low maintenance wall and landscape plan designed to discourage graffiti. Anti- graffiti wall coatings shall be utilized to avoid the mismatched paint problem which currently exists. 5. The country club associations shall be encouraged to provide on-site parking facilities for their maintenance employees. Curbs shall be painted red adjacent to country club entrances and side streets prohibiting parking and providing for improved visibility and deceleration/acceleration lanes. 6. The city shall work with the City of Indian Wells and Sunrise Company to complete the mile long south half-street between Oasis Country Club and the Coachella Valley Water District facilities. SUBAREA 4 Southwest corner of Washington Street/Country Club Drive The 160 acres at the southwest corner of Country Club Drive and Washington Street contain a collection of uses including a gated single family subdivision (Whitehawk), a manufactured housing subdivision (Golden Sun Estates), a partially developed 20 acre commercial center, timeshare development currently operated as an extended stay hotel (Sun Dunes Villas), and two apartment complexes (Royal Palms and Desert Oasis). I. LAND USE: Current development in the area is in general conformance with designated land uses. With the south half of the Whitehawk subdivision currently under construction the only remaining vacant land in the subarea includes seven acres of PC-2 District 21 RESOLUTION NO. Commercial property at the corner and 34,000 square feet at the east side of Desert Dunes Villas facing Washington Street. ISSUE I: The seven acres of vacant property associated with the corner commercial center was originally approved as a supermarket site. There has been no interest to develop and market from any of the major supermarket chains. Being adjacent to the redesigned Washington Street/1-10 freeway interchange, the corner is under consideration for designation as yet to be created: Freeway Commercial Zone. This zone would be designed for freeway-oriented traffic and could include provisions allowing drive-through fast food restaurants, gas stations closer than 500 feet apart and high quality tourist serving facilities. POLICY: Land use designation should encourage commercial development oriented to freeway offramp traffic but consistent with Palm Desert's image and quality design philosophy. Gas station site plans shall incorporate reverse orientation where associated.buildings occupy street frontage and fueling aisles face inward. IMPLEMENTATION: Designate corner Freeway Commercial Zone. ISSUE II: Directly south of the commercial corner, Sun Dunes Villas is a 48 unit complex originally developed as a timeshare project but what is now managed as an extended stay hotel. The units are all at least 400 square feet and all contain kitchens. Minimum stay is one week with many guests staying 3-4 months. The owners wish to add more units on the 34,000 square foot vacant area fronting Washington. The existing R-3 multifamily zone on the property permits 18 units per acre allowing approximately 120 units on the five acre site. The existing project density is ten hotel units per acre. The proposed expansion which could include a general upgrading of the entire property is well within zoning limits. POLICY: Older hotels should be encouraged to update their facilities and expand to the extent necessary for economic viability. 22 :v CITY COUNCIL STAFF RtrORT CASE NOS. GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 APRIL 10, 1997 B. DISCUSSION: When the Palm Desert Country Club and surrounding areas were annexed in 1994, the City adopted zoning equivalent to the existing County designations with the understanding that we would undertake a comprehensive study of the area to determine where changes were appropriate. A Project Area/Specific Plan citizens advisory committee with representatives from each neighborhood was formed in October of 1995 to. work with the City and RDA staff to create a Specific Plan identifying public improvements and service priorities, land use and zoning policies for the area. The attached Specific Plan is a result of monthly meetings over the last 18 months. The Plan divides the study area into six subareas. Within each subarea specific issues were identified and discussed leading to general policies and implementation measures. 1 . LAND USE AND ZONE CHANGE SUMMARY: The only area identified for land use and zone change involves subarea 1 at the northwest corner of Washington Street and Fred Waring Drive north to Dudley Drive and west to Warner Trail. The changes are designed to better reflect the existing land use and subdivision patterns. 1 These changes include: a. Directly at the Washington Street/Fred Waring Drive intersection, designations are being changed from multifamily residential to office professional to reflect the existing commercial office use of the property. b. One acre parcels on Robin Road, Mountain View and Delaware are being redesignated from low density, R-1 9,000 to very low RE 40,000 consistent with the existing subdivision pattern. C. Property along Washington Street directly north of Desert Breezes is being redesignated from multifamily to low density R-1 9,000 consistent with the adjacent parcel. d. The Washington Street frontage at Mountain View north to Dudley is to be reclassified from High Density Multifamily R-3 2000 to Office Professional. 2 CITY COUNCIL STAFF RtY�uRT CASE NOS. GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 APRIL 10, 1997 e. Dudley Drive Area. Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well-maintained home on a 1 .66 acre estate lot behind the apartment complex. The residential parcels are isolated from'Palm Desert Country Club by a ten- foot block wall and only has access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has requested professional office designation. Homeowners on Cardiff Street, a single family neighborhood to the west and south, submitted a petition also requesting the change to office provided that any plan includes a 20 foot landscaped buffer. Within the implementation section, language has been added regarding the 20 foot buffer and grading. In regards to the isolated lot currently zoned R-1 9,000, the issue is further complicated by an apparent error on the County zoning map adopted by the City in 1994. The County had previously approved an apartment project which included this parcel which indicates its zoning to be the R-3 2,000. Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the Specific Plan Land Use Designation for this area be changed to Professional Office. Any proposed office development would be required to include all the vacant parcels. f. In subarea 6 north of Country Club, a 115-acre vacant parcel is currently dual designated in the General Plan as low density residential/service industrial. While this designation will not change at this time, the Specific Plan would establish as a matter of policy that within the dual designation the northerly 500 feet of the property would be appropriate for industrial use due the severe noise impacts generated by the railroad. The low density residential (3-5 du/ac) would be appropriate on the southerly portion of the property. It is recommended that actual location of zoning boundaries would be deferred until a precise plan of design is proposed for the respective uses. 3 CITY COUNCIL STAFF RETORT CASE NOS. GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 APRIL 10, 1997 2. ZOA 97-2 - AMENDMENT TO RE RESIDENTIAL ESTATE DISTRICT. The one acre parcels being proposed for rezoning will be the only area of the City under the RE regulations. Property owners in the area participated in a public meeting with members of the Project Area 4 Committee and staff to f discuss how the RE zone could be amended to better fit the existing rural I character of the area.. The proposed amendments are the result of input from that meeting and the Planning Commission public hearing. These include: a. Addition of private greenhouses and horticultural collection to the list of permitted uses. b. Minor exceptions to the Home Occupation requirements allowing use of an accessory structure, a 1 '/z ton commercial vehicle and one employee. C. Provision to allow the keeping of horses. I d. Establishing a 30-foot front building setback and 15 foot minimum side yard. e. Exception to the Senior Second Unit ordinance, Chapter 25.21 allowing a detached "granny flat" in lieu of the attached unit specified for the R- 1 zone. It was determined that given the 40,000 square foot minimum lot size, a detached unit was acceptable. 3. ZOA 97-3 - AMENDMENT TO CHAPTER 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. As a result of the proposed rezoning from Multifamily Residential to Office Professional on Washington Street some existing apartment complexes will become legal nonconforming under Chapter 25.76.050. While legal nonconforming uses can be maintained, they cannot be replaced if they are more than 50% destroyed. This non replacement clause prevents owners from obtaining financing. Section 25.76.075 provides a process by which nonconforming residential uses in residential zones can achieve conforming status if they can demonstrate substantial compliance with current quality and j maintenance standards. Many projects have completed this process. Some I have required significant rehabilitation while other well maintained properties were deemed conforming in their existing condition. Owners also are required to maintain the quality standards to preserve their conforming status. We ` 4 I CITY COUNCIL STAFF RErvr1T CASE NOS. GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 APRIL 10, 1997 have been able to encourage more rehabilitation through this provision than any other incentive or enforcement program. Since well maintained apartments are considered compatible with professional offices, the proposed amendment would extend the conformance process to residential uses in the Office Professional zone. Reviewed and Approved by: T A Philip Drell /tm 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE PROJECT AREA 4 SPECIFIC PLAN WHICH IDENTIFIES THE NEED FOR PUBLIC IMPROVEMENTS, SERVICES, PRIORITIES, ZONING, AND LAND USE POLICIES FOR APPROXIMATELY 2260 ACRES DEFINED AS REDEVELOPMENT AGENCY PROJECT AREA NO. 4 BOUNDED BY WASHINGTON STREET ON THE EAST, FRED WARING DRIVE ON THE SOUTH, INDIAN WELLS AND ELDORADO ON THE WEST AND COUNTRY CLUB DRIVE ON THE NORTH. IN ADDITION, IT INCLUDES 200 ACRES BETWEEN COUNTRY CLUB DRIVE AND 1-10, WASHINGTON STREET AND TAMARISK ROW. CASE NO GPA 97-1 , PROJECT AREA 4 SPECIFIC PLAN WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of April, 1997, hold a duly noticed public hearing to consider the Project Area 4 Specific Plan, GPA 97-1 ; and WHEREAS, the Palm Desert Planning Commission adopted its Resolution No. 1794 on March 18, 1997, recommending approval to City Council; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18", in that the Director of Community Development has determined that the project will not create an adverse impact and a Negative Declaration of Environmental Impact has been prepared; 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 and reasons to justify approving the specific plan: 1 . The policies and land uses contained within the Specific Plan promote the logical, orderly and compatible development of the study area. 2. Proposed land use changes better reflect existing development patterns and are more compatible with adjacent uses then existing designations. 3. The policies and land uses described in the Specific Plan are designed to promote the health, safety and general welfare of the residents within the study area and are consistent with the policies of the adopted General Plan. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. 2. That it does hereby approve the Project Area 4 Specific Plan, Exhibit "A", GPA 97-1 including land use map changes, Exhibit "B", and a Negative Declaration of Environmental Impact, Exhibit "C", as it pertains thereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this , day of , 1997, 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 2 RESOLUTION NO. EXHIBIT "A" RDA PROJECT AREA 4 SPECIFIC PLAN INTRODUCTION The Project Area No. 4 Specific Plan was initiated by the City and Redevelopment Agency to identify needs for public improvements and services, set funding priorities and reexamine zoning and land use policies. The planning area covers approximately 2,260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and El Dorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row (not in a RDA project area). Over 50% of the area is within seven gated residential communities ranging in size from 40 to 640 acres. Indian Ridge Country Club, Palm Desert Resort Country Club, Oasis Country Club, Woodhaven Country Club, Desert Breezes, Whitehawk, and Golden Sun. Palm Desert Country Club, a public street planned residential community, occupies 25% of the area. With the exception of Indian Ridge Country Club, the area has been substantially built-out under Riverside County prior to annexation to the city. For planning analysis purposes, six subareas have been identified. SUBAREA 1 The northwest corner of Washington Street and Fred Waring Drive_, north to Dudley Drive, west to Warner Trail. SUBAREA 2 Palm Desert Country Club - A public street non-gated planned community developed in the 1960's and 70's. SUBAREA 3 Hovley Lane East - A major east-west arterial bisecting the study area. SUBAREA 4 The southwest corner of Country Club Drive/Washington - A diverse mixture of commercial, single family and multifamily uses. SUBAREA 5 The four largest gated communities: Indian Ridge Country Club, Palm Desert Resort Country Club, Woodhaven Country Club and Oasis Country Club. SUBAREA 6 Area between Country Club Drive and 1-10. The area contains the largest tract of undeveloped residential and commercial property. 3 RESOLUTION NO. GENERALISSUES 1 . Land Use. Since the planning area is substantially built out with well defined residential neighborhoods and commercial centers, land use conflicts are minimal. Issues remain in area 1 and 6 where significant undeveloped property remains. The plan will identify these issues in the specific subarea discussion. In resolving potential land use conflicts, every attempt will be made to insure both compatibility and economic feasibility of both adjacent uses. 2. Traffic Circulation and Public Works. The area includes three major east-west arterials (Country Club Drive, Hovley Lane East, and Fred Waring Drive) and the west half (Washington Street). As traffic on these arterials increases, new control measures may be required to insure safe ingress and egress from residential side streets and commercial centers. Most of these public streets are over 20 years old, were constructed at less then current design standards and are in need of repair or reconstruction. 3. Parks. The area is not presently served by a public neighborhood park. A private recreation facility owned by the Palm Desert Country Club Association is available to its members, but is under-utilized and may not be ideally suited to meet the changing recreational needs of the community. Each of the gated country clubs provides high quality specialized recreation (golf, tennis, etc.) which may not address all needs of their residents and are not available to the general public. There are a very limited number of available vacant sites for park development. Potential park sites have been identified in subareas 1 , 2 and 6. The advantages and constraints of each site will be evaluated in the individual subarea discussions. 4. Bicycle and Golf Cart Paths. With special authority from the state legislation, the City of Palm Desert is pursuing a program to promote electric golf cart usage for general transportation on public streets in designated lanes and routes. With nine golf courses within or in the immediate vicinity, there is a high percentage of golf cart ownership in the project area. The city's long range plan links the project area with the system via-l-iovley Lane East, Warner Trail and California Avenue. These golf cart routes are also serve as bicycle paths linking the area to the city wide master plan. 5. Housing. Within the gated communities, CC&R's and well organized homeowners associations insure housing quality. Palm Desert Country Club is less rigidly organized and is experiencing some property maintenance problems. The Project Area No. 4 preliminary report identified 356 units that are exhibiting deficient conditions or defined as beginning to exhibit signs of deferred maintenance. There 4 RESOLUTION NO. were 254 units designated as deteriorated, showing signs of structural problems, sagging roof walls or crumbling foundations, broken windows, electrical hazards, etc. Due to the modest nature of its housing stock, Palm Desert Country Club provides a significant opportunity for the provision of affordable single family housing. The State Housing Law, Redevelopment Law, the General Plan Housing Element and the Redevelopment Plan all require the City and Redevelopment Agency to diligently implement programs to promote housing affordability for low and moderate income families. Twenty percent of the property tax increment generated in the project area must be spent for low/moderate income housing assistance. In addressing the City's and Redevelopment Agency's legal obligations and the real housing needs of the residents of the area, priority shall be given to programs which involve rehabilitation I of the existing housing stock and single lot infill construction. Multi-unit housing developments will not be considered for RDA assistance until the rehabilitation and 4 single lot infill goals have been met. 6. Residential and Commercial Prooertv Maintenance. Through adoption of the Property Maintenance Ordinance, Ordinance 801 , the City has committed to preserving the quality of both commercial developments and residential neighborhoods. I The ordinance will be implemented by a comprehensive city-wide survey to identify substandard property subject to ordinance. Property will be classified into three categories: a. ""Deteriorated". Property falling significantly below acceptable neighborhood standards clearly subject to abatement. b. "At Risk". Properties marginally at or below acceptable standards but showing a clear trend toward deterioration. j C. Property which meets acceptable standards. Based on survey results, deteriorated properties will be prioritized for immediate abatement. Owners and tenants will be notified of the nature of their violations, the , abatement pmadss and will be referred to the Redevelopment Agency regarding available assistance programs. City staff will be available to provide technical assistance regarding cost effective solutions to typical maintenance problems. "At risk" property owners would also be contacted informing them of their marginal status and of the availability of financial and technical assistance. 5 I i l RESOLUTION NO. Information regarding implementation of property maintenance ordinance shall be made available to the general public via the city newsletter, The Bright Side. 7. Utilities. a. Overhead Power Lines. The area is primarily served with overhead facilities on the major arterials and within Palm Desert Country Club. Service for new subdivisions and the gated country clubs is underground. Some older lines appear to be sagging. While the ultimate goal is to underground all facilities, the costs involved make it a lower overall priority compared to other public improvements. Where funds are available, undergrounding along the arterial roadways will have priority. Undergrounding of neighborhood service lines would be pursued in response to property owner initiated assessment districts. Staff will work with Southern California Edison to identify sagging lines and correct them when possible. b. Wireless Telecommunication Towers. The new wireless telecommunication technology (i.e. PCS Personal Communication Systems) will require installation of antenna towers throughout the city at heights of up to 70 feet. Although the Telecommunication Act passed by the U.S. Congress provides for some degree of local regulation, restrictions cannot have the effect of prohibiting the service. Since current city ordinances do not effectively deal with this issue, a specific telecommunication facility ordinance will be prepared which provides for the least impacting antenna design, heights and location consistent with good service. No towers shall be approved prior to adoption of the ordinance. C. Sewer. Most of the area is served by sewers. City ordinance requires properties to hook up at the time of ownership transfer if sewer lines are available within 200 feet. Palm Desert Country Club Subarea 1 (Robin, Mountain View and Delaware) is not currently served by sewer lines. The city's goal is to extend service to all properties in the study area. The one acre lo-t-size in the Robin Road area allows for more effective use of septic tanks and therefore immediate sewer extension is a lower priority. 8. Drainage. (From Preliminary Report for Project Area No. 4 - Rosenow, Spevacek Group). There are existing storm drain facilities within the Project Area that carry surface water runoff away from the Project Area. Surface water generated within the Project Area is collected and emptied into either the Whitewater River Channel which serves as a major stormwater channel for the City and the Coachella Valley, 6 RESOLUTION NO. i or flow in a northerly direction to vacant property in the City where the water percolates into the ground. i The Project Area generally has adequate existing drainage facilities to protect the area from flooding. There are, however, areas of localized flooding that need storm drain improvements to reduce the nuisance flooding condition that occurs periodically. The City of Palm Desert's Public Works Department staff have identified three (3) areas within the Project Area which require -storm drains in order to eliminate potential flood hazards. These areas include: (1) Warner Trail from Fred Waring Drive to the Whitewater Channel; (2) Fred Waring Drive east and west of Warner Trail; and (3) Washington Street from 42nd Avenue north and south as required. More study may be undertaken in order to determine any additional improvements which are needed. Standing water is evident throughout the Project Area, even during dry periods. A master drainage plan is currently being proposed for the Palm Desert X Country Club/Bermuda Dunes area which will provide for the construction and ` funding of required drainage improvements. j 9. Police and Fire Protection. The Palm Desert Police and Riverside County Fire officials indicate that the area is currently adequately served by existing facilities. If the city annexes territory to the east or north, additional police and fire facilities might be necessary to serve this expanded responsibility of the city. i RESOLUTION NO. SPECIFIC AREA ISSUES, POLICIES AND IMPLEMENTATION PROGRAMS SUBAREA 1 Northwest Corner of Washington Street and Fred Waring Drive. Due to the unique rural nature of the one acre lot subdivision in this subarea, a questionnaire was mailed to property owners and residents on Mountain View, Delaware, Robin Road and Latisha to determine their opinions and preferences regarding future development and land use. On October 7 a community meeting was held to further discuss issues of concern to this neighborhood. There was nearly a 50% response to the questionnaire and the meeting was attended by over 30 property owners/residents. The recommendations in this section were strongly influenced by the public input provided by the questionnaire and community meeting. I. LAND USE: Existing land uses in this subarea include the following: Desert Breezes, a 75 acre gated planned community with detached single family homes, condominiums and time share units (zoned PR-4, 4 units per gross acres); an area zoned R-1 9,000 (single family 9,000 square foot lot minimum) but divided primarily into one acre lots, to depth of 300 feet, the west side of Washington Street is zoned R-3 2,000 to 4,000 (multifamily with density of 11 to 21 units per acre). There is a small five acre commercial complex at the corner. Nineteen (19) acres directly adjacent north of Desert Breezes is a vacant unsubdivided parcel zoned R-1 9,000 and R-3 2,000. ISSUE 1: Zoning Consistency The existing R-1 9,000 zoning is not consistent with the predominant one acre subdivision pattern. Under current zoning, each existing lot could be divided into four parcels significantly changing the rural character of the neighborhood. Several of the existing property owners stable horses which was permitted by the County prior to annexation. The current R-1 zone does not permit horses. POLICY: Zones should reflect the predominant existing land use and subdivision pattern. IMPLEMENTATION: A change of zone shall be initiated for the one acre lot area from R-1 9,000 to RE 40,000 (Estate Residential District) which requires a minimum 40,000 square foot 8 RESOLUTION NO. lot size. The RE zone will be amended to provide for the keeping of horses as a permitted use subject to a non-discretionary regulatory permit. The permit process will include specific limitations on the number of animals and conditions under which they are kept. An inspection program will be initiated through the city's animal control program to { enforce these restrictions insuring impacts on adjacent properties are minimized. Building setbacks in Section 25.14.080 shall be modified to create a minimum front setback of 30 feet and minimum side yard of 15 feet. Consideration shall be given to expanded home occupations which are compatible with the rural nature of the area as a conditional use. ISSUE II: Second Senior Units As required by State law the Palm Desert Zoning Ordinance Chapter 25.21 provides for the development of a second senior unit "granny flat" in single family zones. That ordinance requires the second unit to be attached to the primary residence. While this requirement makes sense on the typical 10,000 square foot lot, it is not a logical restriction for lots over 40,000 square feet. POLICY: Large estate lots are a logical location for the development of limited second senior units. IMPLEMENTATION: The RE zone shall be amended adding Second Unit Senior Housing as described in Chapter 25.21 to the list of conditional uses and providing an exception which allows units to be detached with gross floor area limited to 50% of the primary dwelling, not to exceed 800 square feet. ISSUE III: Washington Street Frontage To a depth of 300 feet, the Washington Street frontage is zoned for multifamily use. The increasing traffic on Washington Street raises questions concerning the ultimate compatibility and economic viability of small scale multifamily development in this area. In the area there is currently a mixture of uses including offices, a church, school and residential apartments. At the north end near Dudley Drive, there are a number of land locked parcels (including a lot zoned R-1 9,000) which are only 9 • RESOLUTION NO. accessible via easements to Washington Street (see issue IV). Other than the frontage associated with the 19.5 acre parcel discussed below, there is only one vacant lot with direct Washington Street frontage. POLICY: Land use policy and zoning should encourage uses which are compatible with the high traffic intensity on Washington and the low intensity residential uses to the west. Professional office zones have been shown to provide effective buffer uses between high traffic corridors and low density residential neighborhoods. All the existing developed uses appear to be compatible and should be allowed to continue with full legal conforming status. IMPLEMENTATION: With the exception of the area described in issue III, initiate change of zone for the Washington Street Frontage from R-3 to O.P. The legal conformance process described in Section 25.76.075 of the Zoning Ordinance shall be amended to include multifamily uses in the office professional (O.P.) zone where a finding of compatibility can be made. ISSUE IV: 19.5 acre vacant parcel north of Desert Breezes Property is currently zoned R-1 9,000 and R-3 2,000 (see above discussion). Surrounding property owners have expressed concern about compatibility of the ultimate development of the site. R-1 9,000 translates out to approximately 3.5 units/acre. The R-3 2,000 produces 21 units/acre. Total development potential of the site under current zoning would be 55 single family homes and 99 apartments. Adjacent land uses include an arterial roadway, Desert Breezes at four units/acre and the Robin Road area with one acre lots and one acre lots backing from Mountain View. POLICY: Land use zoning designations should attempt to be compatible with all adjacent land uses. 10 I I RESOLUTION NO. EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. ff NEGATIVE DECLARATION i CASE NO: GPA 97-1 , The Project Area 4 Specific Plan i APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: The Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded I by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, ' has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 30 4 i RESOLUTION NO. LAND USE CO Hovley lane .. II i . LEGEND Residential Study Zone To i� f��ai= ='-� {:::_;_.• Office Pr ofessional Very Low Res.l lli � ► v ' r 1 -3 DulAc ' I ► t Low Density Res. 3- ulAc Office Professional �� Fred Waring Drive . i RESOLUTION NO. i EXHIBIT B VICINITY MAP I j f COOK STREET o lb o i " +.�+• z �\ In �~ v a ? 5 we!zmimnTnN RTRFFT 28 I RESOLUTION NO. a gas station could not locate on the northwest corner. The current sign code limits freestanding signage to ten feet which is insufficient for freeway visibility. POLICY: Zoning requirements and restrictions should allow for the unique requirements of freeway oriented businesses. IMPLEMENTATION: A Freeway Commercial zone shall be created and added to the City Zoning Ordinance. Areas adjacent or within the immediate vicinity of freeway off-ramps shall be re-designated to this new zone. II. PARKS: ISSUE I: This subarea's large vacant parcel represents the last opportunity to develop a significant regional recreational facility in eastern Palm Desert POLICY: While a regional facility may ultimately be appropriate for this area, other recreation projects dictate that it be a lower priority. IMPLEMENTATION: Feasibility of inclusion of a recreational facility shall be considered in conjunction with any future development proposed for the property. 27 RESOLUTION NO. similar industrial/professional office designation. Due to opposition from surrounding residential uses, the request was denied, annexed as R-1 12,000 and remains vacant. In a similar location adjacent to the tracks and 1-10 east of Portola, a preliminary noise study indicated the necessity for a continuous 18 foot high masonry sound wall to reduce the existing noise level to the residential standard. POLICY: Permitted land uses should be compatible with both the physical conditions of the site and surrounding land uses. The zoning on the property should allow uses along the railroad tracks which are compatible with the high noise environment and which act to economically mitigate existing impacts for the southern half of the property. IMPLEMENTATION: The northern 500-600 feet of the property shall be redesignated for an industrial use either Service Industrial (SO or Planned Industrial (PI). The balance of the property would be designated R-1 (8,000 or 12,000). This design would permit noise tolerant uses adjacent to the railroad tracks which would ultimately serve as noise mitigation for the residential zone. The industrial park or service industrial subdivision design would provide for building pads which create a continuous 18 foot high sound barrier. Ideally, primary access to this area could be provided through the existing industrial/office park to the east. Emergency access could be provided from Tamarisk Row Drive. ISSUE II: Commercial property at northwest corner Country Club/Washington. The northwest corner of Country Club Drive and Washington includes approximately 25 acres of vacant land zoned Planned District Commercial (PC-2), five acres at the corner and 20 acres west along Country Club. The completion of the redesigned Washington/1- 10 interchange has stimulated development interest from business oriented to freeway traffic. Specifically these include fast food restaurants (with drive throughs) and gas station/convenience stores. Of primary concern to these businesses is visibility to freeway traffic. Each of these features common to freeway oriented developments are at odds with specific prohibitions with the city's zoning ordinance. All commercial zones prohibit drive through restaurants. Section 25.56.330 requires a 500 foot minimum distance between gas stations, effectively limiting an intersection to one station. Since a Mobile station is already on the southwest corner 26 i RESOLUTION NO. POLICY: All residential projects within the city are required to install and maintain parkway landscaping either through their association or a lighting and landscaping maintenance assessment district. IMPLEMENTATION: The City/RDA staff shall initiate discussions with the Palm Desert Resorter Association to investigate available financing alternatives to facilitate installation and maintenance of parkway landscaping. SUBAREA 6 North Side Country Club Although not within the redevelopment project area, the north side of Country Club Drive between Washington Street and Tamarisk Row Drive is functionally a part of the East Palm Desert planning area. It also contains the last large undeveloped residential and commercial properties in the study area. I. LAND USE: ISSUE I: Land use of 115 acre vacant parcel at northeast corner of Country Club Drive and Tamarisk Row Drive The property is currently zoned R-1 12,000 which was consistent with the County zoning at annexation. A noise study on the property conducted in 1989 concluded that combined noise exposure from I-10 traffic and the railroad in excess of 65 db CNEL extended 910 feet from the tracks and 2100 feet at 60 db CNEL. Due to atmospheric conditions, noise levels did not decrease significantly at night. Maximum acceptable noise levels for residential areas identified in the Palm Desert Municipal Code Section 9.24.030 are 55 dba daytime (7:00 a.m. to 10:00 p.m.) and 45 dba night time (10:00 p.m. to 7:00 a.m.). The 60 dba contour measured from Country Club Drive extended 200 feet into the property in 1989 and as a result of increased traffic would extend 296 feet in the year 2000. In 1990, the property owner requested a County Comprehensive General Plan Amendment and Change of Zone from single family residential to Industrial Park. Although the noise levels for the entire site identified in the project EIR exceeded residential Standards the application was denied due to incompatibility with adjacent residential uses, traffic and other unmitigated environmental impacts. Later in 1990, the property owner filed a pre-annexation zoning application with the City for a 25 i i RESOLUTION NO. I IMPLEMENTATION: City staff shall work with the respective homeowners associations to develop mutually acceptable parking solutions. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE: Woodhaven left turn access to Washington Street. Increasing traffic on Washington Street has made left turn exits increasingly difficult. POLICY: Unless strict traffic warrants can be met the preferred solution to side street access to major arterials is median island left turn control versus traffic signals. These median structures typically permit left turn entrance but only right turn exit. IMPLEMENTATION: I The City Traffic Engineer shall monitor traffic volumes and accident records and M determine appropriate left turn control alternatives in consultation with the Woodhaven Homeowners Association. ISSUE: Lack of parkway landscaping on the west and south side of Palm Desert Resort Country Club When the Palm Desert Resort Country Club was developed in the late 1970's and 1980's there were no provisions within the County conditions of approval for parkway landscaping on the west and south sides, (Oasis Country Drive which didn't exist and 42nd Avenue, now Hovley East). While the developer was required to construct the Oasis half street it was believed that the blowsand impacts from the vacant Indian Ridge site made landscaping impractical to maintain. In 1985 and 1987 the developer approached the Palm Desert Resorter Association with offers to install parkway landscaping if the association would provide maintenance. These offers were not accepted. 24 RESOLUTION NO. IMPLEMENTATION: None Required. HOUSING: The subarea contains a wide variety of housing types catering to a broad range of incomes. The properties appear well managed and maintained. POLICY/IMPLEMENTATION: Existing projects will be monitored to insure continued quality and to identify opportunities for inclusion in the city's affordable housing program. SUBAREA 5 Country Clubs This subarea includes four gated country clubs of which Woodhaven, Oasis and Palm Desert Resort are complete. Indian Ridge Country Club has completed approximately one third of their 1280 approved units. 1. LAND USE: All the country clubs have been developed pursuant to unified plans and are consistent with city zoning. Internally, homeowners associations regulate and maintain the property quality through their HOA fees and CC&Rs. ISSUE: The main external impact of country club activities is their practice of restricting service and construction worker vehicle access through their gates. As a result, street parking problems often occur adjacent to their rear entrances. This is a particular problem on Hovley East at the Woodhaven entrance where employee cars have historically.d riven over the roll curb on the south side of the street and park in the parkway. POLICY: Gated communities shall be encouraged or required where possible to provide on-site parking for construction/maintenance workers. 23 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE IMPLEMENTING RECOMMENDATIONS OF THE PROJECT AREA 4 SPECIFIC PLAN. CASE NO. C/Z 97-3 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1 : That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A." SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm 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 by the Palm Desert City Council this day of 1997, 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 - "-- -- Office Professional1 ( 111 if a � ` z •J. �e a � z Z• U. :•'` : ' :i yi :S` n {f R-540,000 -?>1WJrr>IwJaiv.4w%c:..%::%a:•Y .»._- •a!. -. cc I •Remains -•r o;• •., :y' C Lt LRL .RIt11---------------- YOtIY � •• ••-Y..t O -71 if �I 1 li iel L�jltiY�F�.tl'• I 1]t t z �I111 IN T j$t aGl L L I A P.R.-4 ` �ii�t -a : 1 � _• to GI NORTH 14 �_ ; ;_ tr_�ror�ssal3l r CITY OF PALM DESERT Case No. �} RESOLUTION NO . Date c , ORDINANCE NO. 4 EXHIBIT B'"i,-T Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: C/Z 97-3 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: A change of zone which implements recommendation of the Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE DISTRICT). CASE NO. ZOA 97-2 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1 : That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A." SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm 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 by the Palm Desert City Council this day of , 1997, 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 ORDINANCE NO. EXHIBIT "A" RE RESIDENTIAL ESTATE DISTRICT 25.14.020 Principal uses and structures permitted. The following are permitted uses in any RE district: A. Accessory buildings, uses, and structures; B. Domestic animals; C. Guest dwelling; D. Home occupations subject to the provisions of Chapter 25.66 as modified by 25.14.041 ; E. One single-family dwelling per lot; F. Public parks and recreational facilities; G. Servant quarters; H. Private greenhouses and horticultural collections; I. Temporary uses as prescribed in Chapter 25.64. (Ord. 120 ss 1 (part), 1976: Ord. 94 ss 1 (part), 1975: Exhibit A ss 25.9-2) 25.14.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Churches, convents, monasteries and other religious institutions; B. Day nurseries and nursery schools; C. Fire stations; D. Public educational institutions; E. Public utility and public service facilities; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; H. Stables for boarding horses; and I. Second unit senior housing subject to the provisions of Chapter 25.21 as modified by 25.14.043 (Ord. 94 ss 1 (part), 1975:Exhibit A ss 25.9-3) 25.14.041 Home occupations exception. A. Home occupations or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet; B. It shall be unlawful to park or store any commercial vehicles on the property with the exception of one pickup truck or van of 1 %: tons or less. C. One (1) employee may park his/her vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. 2 ORDINANCE NO. • • 25.14.042 Horses. Horses may be maintained in the RE zone subject to obtaining a permit approved by the Ho 1 9 Y Community Development and the following restriction and requirements: Director of Co y p 9 q A. A maximum of two (2) horses over the age of nine (9) months shall be permitted on a lot 40,000 square feet or larger (total number of horses of all ages shall not exceed four (4); B. Horses must be kept within a corral and enclosed stable of the following minimum dimensions: 1 . Corral: Two hundred eighty-eight (288) square feet per horse; minimum dimensions of twelve (12) feet by twenty-four (24) feet, one third is shaded. 2. Stable: One hundred forty-four 044) square feet, minimum dimension twelve (12) feet by twelve (12) feet per horse. Stable shall be adequately ventilated. C. Barns, corrals or stables constructed to maintain horses shall be located not less than thirty-five (35) feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties; D. Animal manure shall be stored in water tight receptacles and properly disposed of not less than once per week; and E. Barns, corrals or stables shall be cleaned and maintained such that dust, flies and odors shall not be detectable from adjacent properties and not less than once per week. 25.14.043 Second unit senior housing. The second unit may be detached. Floor area shall not exceed 50% of the primary dwelling. 25.14.080 Development standards for one gross acre lots or less, but at least forty thousand square feet net size. All development on lots of one gross acre in size, at least forty thousand square feet net size, as shown on the zoning map, shall comply with the following minimum development standards: A. Minimum lot area shall be forty thousand square feet (net size) as determined by the city council and indicated on the zoning map; B. Minimum front yard 30 feet; C. Minimum lot width, one hundred fifty feet; D. Minimum lot depth, two hundred feet; E. Minimum rear yard, fifty feet; F. Minimum side yards, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not less than two thousand square feet for all lots at least forty thousand square feet net size; H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be as approved by the planning commission as part of their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979) 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTER 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. CASE NO. ZOA 97-3 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1 : That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A." SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm 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 by the Palm Desert City Council this day of 1997, 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 ORDINANCE NO. • • EXHIBIT "A" NONCONFORMING LOTS, BUILDINGS AND USES 25.76.075 Conforming process for legal nonconforming residential uses in residential and office professional zones Legal nonconforming residential uses in R-1 , R-2, R-3 and OP zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The architectural commission shall receive and review applications for conforming status. As part of their review the architectural commission may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the architectural commission may be appealed to the city council. 2 MINUTES PALM DESERT PLANNING COMMISSION a MARCH 18, 1997 SUBJECT i0 3' REMION E. Case Nos. GPA 97-1, C/Z 97-3, ZOA 97-2 and ZOA 97-3 - CITY OF PALM DESERT, Applicant Request for approval of 1 ) A Negative Declaration of Environmental Impact; 2) Project Area 4 Specific Plan; 3) Change of zone implementing recommendations of the Specific Plan; and 4) Amendments to Chapter 25.14 of the Zoning Ordinance for the RE (Residential Estate Zone) and Chapter 25.76 for Nonconforming Lots, Buildings and Uses as recommended by the Specific Plan. Mr. Drell stated that this is a specific plan and study dealing with the area which was annexed in 1994 including the Palm Desert Country Club and surrounding country clubs and other residential and commercial areas. At the time it was annexed the City basically adopted the existing, or to the best of our knowledge, adopted the existing County zoning with the understanding that we would do a comprehensive study of areas which we knew were in some dispute and would go through a process of rezoning or making those zoning designations more appropriate at the time. This was now that time. In October 1995 a citizens advisory committee was created where they attempted to get representatives from all the various neighborhoods and they have been meeting on a monthly basis ever since to try and come up with both a recommendation involving redevelopment activity in that this was also a redevelopment project area and to address some of the outstanding land use and traffic issues. The issues of specific concern to the Planning Commission were the land use issues and they primarily involved the area at the northwest corner of Washington and Fred Waring extending up to Dudley and over to Warner Trail. The reason this was the area of main concern was that most of the rest of the study area was master planned residential communities in which while there were some circulation issues and some property maintenance issues, there weren't land use issues. This one area dated back prior to any of those master planned developments and was primarily an area of acre lots which under the County zoning that the City adopted was zoned for 9,000 square foot lots and there had been some subdivision in the past under the County dividing these acre lots into four and there was a clear expressed desire of the neighborhood to preserve the unique residential character and therefore in the areas of Robin Road, Mountain View and Delaware the plan recommends zoning this area with the RE (Real Estate) 40,000 zone to preserve that existing acre pattern. In essence, recognizing the existing subdivision. Secondly, on Fred Waring on the corner at Washington all the way up Washington to a depth of approximately 300 feet there was currently multifamily zoning. On the corner right now was a developed office project, a mixture of either vacant properties, there were two apartment projects, a school and a church, another office building and the 38 MINUTES PALM DESERT PLANNING COMMISSION '' ' MARCH 18, 1997 SUBJECT iO REVISIM consensus of the committee was that this area, with the exception of a 20 acre vacant parcel, should be rezoned to Office Professional as that would be the most appropriate land use for a major arterial such as Washington Street. He said there was one large vacant nine acre parcel which is zoned R-1 9,000 and there was a lot of discussion among the committee whether to make this property more compatible with the acre lots or more compatible with the adjacent Desert Breezes, which is about four or five units per acre. It was determined that the appropriate zoning would be to stay R-1 9,000 single family development. The actual owner of the property requested or consented that they were not interested in any other use on the frontage which is zoned multifamily and therefore requested that the entire property be rezoned or retained at R-1 9,000. The last area of some discussion had to do with the area around Dudley which is in the north part of this area. There was an apartment project on the south side of Dudley, office on the north side of Dudley, behind those are four lots, three of which are zoned multifamily and there..was a fourth lot that was wedged behind Palm Desert Country Club which at one time under the County was zoned multifamily but due to a simplicity of map drawing at the County, they drew a straight line instead of a jogged line and rezoned it for single family, but it is isolated from any other single family development. Consistent with what the committee felt was the long term most logical use, staff was recommending the Professional Office zone and he had a petition signed by residents on Cardiff, which is a cul-de-sac directly to the south and west of this area, supporting the Professional Office zone contingent upon certain development standards they would like to see listed as numbers one through six. He said that at the present time they were not looking at a specific development. Language in the specific plan stipulated that any project back there would incorporate all the vacant parcels and in terms of a precise plan would take into account the compatibility of all the adjacent uses. He felt this was one of the more compatible locations for an office building, but due to some grading designs in Palm Desert Country Club there was about a 10-12 foot block wall that separates this potential office project from the residential project and the office would be significantly lower. They were asking for some landscaping conditions which the commission would take note of when a precise plan is proposed. Again, those were the zone changes and it was his understanding that at this point in time there was general consensus as to the appropriateness of those changes. He said there has been a concern expressed by the owner of the apartment project directly south of Dudley over the situation of being created a legal non-conforming use as a result of the rezoning. Mr. Drell explained that there was a state government code section which prohibits the City from damaging multifamily projects in this way without providing a remedy and the Zoning Ordinance does contain a remedy generally for non-conforming properties to achieve conforming status that currently only applies to residential projects in residential zones. Zoning Ordinance Amendment 97-3, which is attached to 39 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 the back of the commission's packet, would extend that conformance process to multifamily projects in Office Professional zones. Both of the multifamily projects that they would be making legal non-conforming as a result of the change of zone were well maintained good projects that he had no doubt would qualify for the program and would achieve conforming status as a result. Lastly, relative to the changes of zone, he explained that there was a neighborhood meeting of all the owners of the acre parcels relative to their unique desires for their neighborhood. People moved there as a result of the rural character and they wanted to preserve it. One of the features that attracted some people was the ability to raise horses or keep horses. Palm Desert's current residential zoning and RE zone does not allow this and therefore there was an amendment proposed to the RE zone dealing with a few issues which came up at that meeting. One dealt with home occupations. As a result of the rural lifestyle, staff was adding green houses and horticultural collections as a permitted use in the zone. They were allowing under. home occupations that they be permitted to be performed in an accessory structure which under the existing ordinance they cannot and it allows it in an area up to 640 square feet. It increases the size of a commercial vehicle that could be parked on the property and allows one employee to park their vehicle on the subject property for the purposes of driving one of those commercial vehicles and it created a section for the regulation of horses. It created a non-discretionary process by which anyone who chooses to raise horses applies, gets a permit, and in essence agrees to the following set of regulations: they were limited to two mature horses on each 40,000 square feet or larger parcel and they could have up to two foals until such time as they are under nine months of age for a maximum of four horses of all ages. He said the section created parameters for corrals, it created a setback of the corral from the houses. He said that Chairperson Ferguson might note that at ZORC there was a suggested change to that condition relative to the 35 foot setback from the corral to the residence on the property. Mr. Drell said he attempted to call the health department to see if they had any reason for that and the Project Area Committee still felt that condition was still appropriate to be placed on the property and that it was still a good idea to keep the horses some distance from habitable buildings. He was suggesting that they keep it and see how it works. He said the section would also regulate sanitary conditions relative to the disposal of animal manure to make sure there wasn't dust, flies or odors as a result of keeping these horses. It provides that orderly, controlled keeping of horses should not adversely impact those who don't keep horses. The most significant traffic recommendation as proposed by this plan also deals with Delaware and Mountain View which up to this point has been a dirt road. They were now in the process of paving them as part of a dust control grant that they received from AQMD. One of the things that came out of their meeting was a concern by the residents that with the opening up of these roads, these streets provide 40 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 potential opportunities for cut-through traffic of people going to Washington and desiring to avoid the intersection at Fred Waring and using this as a shortcut to get to Warner Trail. From their point of view, any increase in traffic would be unacceptable given their desire to maintain their quiet, rural character. His understanding was that the Public Works Department would be installing, at least on a temporary basis, barriers 300 feet in at the boundary between the professional office zone on Washington and the residential area to prevent access from Washington to this area. They would see if it created a problem and ultimately they would have to provide provision for emergency vehicles if this turned out to be a permanent solution and some sort of gated structure that emergency vehicles have access to. The City received a petition from those property owners in support of that idea and it was his understanding that it would be implemented. He asked if the commission had any questions about any item in the specific plan. He said that staff distributed some amendments for some changes to the first draft that commission received. They dealt principally with the Dudley area. There were some discussions back and forth on how the City would deal with the zoning issue and based on the petition and comments from the people on Cardiff, the amended pages the Commission had reflected the recommendation relative to the rezoning of Professional Office. Commissioner Campbell asked who would monitor how often the corrals would be cleaned for the keeping of horses. Mr. Drell replied that the neighbors would monitor it. He said that he used to live in an area that had horses and he cleaned stables for a while and it would be a challenge. Part of what people accepted when they live in the country was that there were some flies, but that was part of the joy of country living. To the greatest extent possible, based on citizen complaint the City would get maximal compliance. Commissioner Campbell asked if that pertained also to dogs or other animals. Mr. Drell said that the current animal control ordinance applied to the keeping of dogs. He said there was an existing licensing procedure and through the abatement of public nuisances, they have gone and done abatements against people who were keeping a lot of dogs and creating all sorts of problems. Commissioner Campbell asked if someone had a problem, if they could just complain to city hall. Mr. Drell concurred and said that in essence this was just a license and if they could demonstrate a consistent disregard for these regulations, then they could revoke the license. Chairperson Ferguson opened the public hearing and asked if anyone from the Project Area 4 Committee wished to make any comments. They did not and Chairperson Ferguson asked if anyone wished to speak in FAVOR of the proposal. 41 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 MR. RICK CLARK, 74-425 Goleta, stated that he owns some property on Mountain View and one thing that needed to be said that was seldom said that he hears was that when that area was originally going to be annexed by Palm Desert they had a lot of concerns which they came and expressed to the city. He felt the city has lived up to every one of them. The city met them all and dealt with them and he was happy with the way it worked out. He said that on the 40,000 square foot area that in a lot of the area they have these houses in back of the property where he has his Mom and Dad live in the winter time. He said that he would be building a house out front and wanted to know how the RE requirement effected the house he would build out front. He wanted to know how that was going to be regulated and if it was because they were allowed only one meter. Mr. Drell stated that there were two different solutions. One was a guest house which were permitted as accessory structures and those were permitted as a matter of right if they don't have a kitchen. If they do have a kitchen or if they were planning to have two dwelling units on the property, as required by state law from about ten years ago, they have a conditional use permit process that allows "granny flats" or senior second homes. As a conditional use they have to provide parking for it and they had to rent it out to those over the age of 60. That was a process they would have to go through to get the second unit. He said this was one the commission might want to consider at the Zoning Ordinance Review Committee because when this was done it was done in a very restrictive manner and as it is now written, that unit has to be attached to the main dwelling. These were built on 10,000 square foot lots and it would probably be appropriate to allow in this zone that the second senior unit be detached given the size of the lots. He felt they should be making that amendment in the zoning ordinance review process or they could add that amendment to the RE zone now. Commissioner Jonathan suggested adding it here now. Mr. Drell stated that it would be an amendment to the RE zone as already advertised to provide an exception to Chapter 25.21 Second Unit Senior Housing as it applies to this zone to permit detached second senior units. Mr. Clark thanked staff and the commission. MR. EMMANUEL McDOWELL, 4256 Cardiff, stated that he was present representing the residents on Cardiff Street. They were present and he hoped the commission received a copy of their statement and they were glad to see this come through. They didn't want multifamily apartments behind them. 42 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 MR. RAYMOND HILL stated that he was the owner of three parcels that Mr. Drell noted that were on Dudley Drive and he submitted a letter and he was here prior to the annexation. There was one parcel that Mr. Drell referred to that kind of got "lined out" which when he bought it in 1975 it was zoned R-3 2,000. He said that he more or less came forward to receive a point of clarification. He asked if Mr. Drell said that someone in the apartments complained and there was some kind of solution to the problem. Mr. Drell explained that the gentleman on Dudley was concerned about becoming a legal non-conforming use as a result of the zone change. He said that Mr. Hill was technically legal non-conforming as well, but this would allow a process by which property owners who take good care of their residential property could be deemed legal conforming through a process of review by the Architectural Review Commission. Mr. Hill stated that his understanding was that the motion was that his three parcels would become Office Professional. Mr. Drell concurred, and the Office Professional would extend along all that frontage area on Washington Street, with the exception of one spot. Mr. Hill thanked him and stated that he supported the proposal. MS. TERRY HAMILTON, a resident of La Quinta Cove, stated-that she owns property on Mountain View and had a couple of questions regarding some of the things that were done during the meeting with the residents. She asked what was decided on sewers. Mr. Drell stated that it was classified as a low priority. Ms. Hamilton asked for confirmation that when the streets are paved at this point, the sewers would not be added. Mr. Drell concurred. Ms. Hamilton asked about curbs and gutter. Mr. Drell stated that those were also not considered to be high priorities. Ms. Hamilton asked about the barrier 300 feet in from Washington Street. She noted that Mr. Drell mentioned access for emergency vehicles and asked if he was anticipating any type of gated access for the residents. Mr. Drell replied that was an issue that perhaps the Traffic Engineer could comment on. Mr. Greenwood stated that the California Vehicle Code prohibits local jurisdictions from operating gates for access of some, but not all, on public streets so it would not be gated. Ms. Hamilton asked for confirmation that this would be a permanent barrier and people who live on the east end of Mountain View and Delaware would have to go a long way. Mr. Drell said that they were installing this for a trial period and the neighborhood would have to weigh the inconvenience of the barriers relative to the tranquility. Ms. Hamilton concurred. MR. TIM BARTLETT, 73-382 Salt Cedar in Palm Desert, said that they were rather late into this project. They met with the Project Area 4 43 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 Committee 30 days ago and again yesterday. He said they were actually proposing a project that was right in the middle of the project area and they apologized for their tardiness and to the committee members who have worked very hard for the last year to come up with a lot of great suggestions. They were in support of their recommendations, although they haven't made a formal application yet because they just legally came under contract on Friday. What they wanted to show the commission was a slight discrepancy in the 9,000 foot lot dimension and it was a two percent discrepancy on a very small number of lots. He asked if he could explain for when they do appear before the commission with their project. He said this involved a 20 acre lot just north of Desert Breezes south of Mountain View. Chairperson Ferguson asked who Mr. Bartlett was representing. ..Mr. Bartlett replied Lance Alacano, who was planning to purchase the property and who has a substantial deposit to acquire that 20 acre parcel just north of Desert Breezes. Mr. Bartlett explained that Mr. Alacano planned to develop this project as all single family residential and the current zoning was multifamily on Washington with R-1 9,000. Chairperson Ferguson asked how the project was proposed to be developed. Mr. Bartlett said it would be developed as single family residential. He noted there was multifamily on Washington with R-1 9,000. Their average lot size would be 9,066 square feet, but they did have some lots in the interior of the development that were actually 2% less than 9,000, which was 8,800 square feet. They knew the 9,000 rule was a very hard, fast 9,000 or die, but they just wanted to present their case about why they would like to have a 2% variance at some point if it was necessary on some of the interior lots. Chairperson Ferguson asked if Mr. Bartlett was asking for an amendment to the current change of zone to allow their development to go forward. Mr. Bartlett said that would be ideal. They met with the Project Area 4 Committee yesterday for the second time and caught them off guard and didn't give them a lot of time to respond, so they would love to propose that tonight but didn't want to oppose any of the work they have done for the last year or so. Bottom line he said they wanted to get their project approved with some of the interior lots at 8,850 square feet. That was a 2% variance from the R-1 9,000 and if they averaged all the lot sizes together, they were greater than 9,000. He said there were a number of things they were doing to the benefit of their 44 I� MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 surrounding neighbors. One of those was protecting the character of the one acre lots that Robin Road currently enjoys. He said they have some very nice homes on some one acre lots. He felt that about 20% of those lots were actually vacant, but what the City had done was vacate a portion of the existing road that connects to Mountain View and that created a cul-de-sac that was longer than 500 feet and by fire department regulations was too long for emergency access vehicles. He said there was a fire block in front. What the committee asked them to do and what staff recommended was to build a cul-de-sac at the end of that road. This was a public improvement on public land and they have asked the developer of this parcel to pay for that. Essentially he was paying for public improvements and he was willing to do that, but essentially he was restricting his own access by providing a cul-de-sac for his own neighbors, which he has agreed to do. He just wanted to point that out. His homeowners would have to enter and exit from Washington, but they were willing to do that. He said they were also mitigating a serious stormwater and nuisance water problem. He indicated that for most of the Palm Desert Country Club area, most of the water comes down Warner Trail, down Robin Road and dumps on this property. Mr. Alacano has worked with Public Works and was mitigating that nuisance water through his entire site into a retention area on Washington. He would have a 60 foot buffer off of Washington, pulling his homes back with a landscaped area to mitigate some of the retention area and mitigate some of the sound and noise for his residents. He would be undergrounding the utilities and there was a utility line that runs across the whole northern edge of the property which actually serves the property owners to the north. Southern California Edison and the City's mandate is to underground utilities so he would be undergrounding utilities that would actually be serving the neighbor to the north. Commissioner Jonathan stated that he was sorry to interrupt, but he was getting lost conceptually because they were considering a specific project and they were here to consider something completely different. He said that if they were going to discuss a specific project, he didn't think this was the right time or place for that. If he was suggesting that the R-1 9,000 zoning be changed to R-1 8,800 then the point needed to be made more generally for this specific application. Mr. Bartlett apologized and said he wanted to make the commission aware of the project that would be 2% delinquent in the 9,000 foot zone. 45 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 Commissioner Jonathan said he wanted to respond to that issue in general since it seemed that Mr. Bartlett was after a feeling from the commission. Mr. Bartlett indicated that was correct. Commissioner Jonathan stated that he has been one of the bigger sticklers to the R-1 10,000 size and if they were going to come to the commission with a nice project that has a few lots that were 200 feet under, he personally would not object to a nice project just because of that especially when the average was over 9,000. That was his input. Chairperson Ferguson asked if he would then have to meet the findings under a variance which would have to be exceptional hardship. Commissioner Jonathan noted that they have given all sorts of variances. Chairperson Ferguson stated that they had to be supported by findings. Commissioner Jonathan indicated that was what he was saying. If the project was acceptable in other respects, they have made findings in the past. Mr. Drell stated that on the other hand, a change of zone could be granted in conjunction with his application. The designation in the specific plan was ranged between three and five units per acre in which 8,800 square foot lots would fall. Mr. Drell asked Mr. Alacano if what they discussed earlier would get them 9,000 square foot lots. MR. LANCE ALACANO, 42-335 Washington Street in Palm Desert, said they didn't know that for a fact yet. He met with Mr. Gaugush this morning and they briefly discussed having this community gated with private streets on the interior. They would more than likely have more than 9,000 square foot lots. The reason for the variance right now was because they started off with public streets which were 56 feet wide and they would be reduced to 50. He hoped that would allow for the 9,000 square foot lots without a change of zone. He said that the worst case scenario would be that they would have 12 lots with 8,800 square feet. Chairperson Ferguson stated that he understood all the stigma associated with seeking a variance after just approving 9,000 square foot lots, but if they were seeking a sense of the commission; he agreed with Commissioner Jonathan that it was inappropriate to consider a plan that they haven't seen and was conceptual and that they were apparently still putting together which muddle it up with a one-year process and thousands of hours of deliberation. He was just saying that tonight was not the time and they would be receptive of it. MS. CINDY FINERTY, 43-592 Via Badalona, said that they started the specific plan in October of 1995. On January 10 they received a fax from the owners requesting a 30 day extension on the specific plan which the committee granted. January 30 the owner of the property requested the R-1 9,000 zoning all the way to Washington Street and that was granted. Mr. Alacano entered the picture in February and they 46 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 met with him and he came to their committee meeting. They appointed a subcommittee meeting to resolve the issues on Robin Road, which they have done. Then she received a phone call from Tim Bartlett saying that they wanted them to change the R-1 9,000 to R-1 8,000. The committee voted unanimously to hold firm at the R-1 9,000 since they felt they had compromised in a fair and reasonable manner on all of the other changes that Mr. Alacano was requesting. She said there was a process and the process was that Mr. Alacano would file an application accompanied by a change of zone and a tract map. Right now this was early in design and it changed on a daily basis. The process would be for him to comply with what the City has set forth and then it would come before the Project Area 4 Committee and they would evaluate it. They let Mr. Alacano and Mr. Bartlett know that their subcommittee was more than willing to meet with them to resolve other issues regarding his project. They felt it was basically a good project and would like to see it work and they have the best intentions, but she felt it was inappropriate for their comments here tonight. Chairperson Ferguson noted that she was saying that they were not opposed to it, but they were asking for too much, too late in the game and there were procedures that they could take as an alternate route and if the R-1 8,000 came before the committee, they weren't opposed to it, but they should go through the procedures, give you a map to review and public comment and time to study it. Ms. Finerty concurred. She noted that as Commissioner Jonathan eloquently alluded to, he didn't like something given to him at 4:00 p.m. and then was asked to vote on it. Yesterday morning at 8:30 a.m. Ms. Finerty said she received a phone call after having waited three weeks for plans and all of a sudden yesterday morning they appeared and Mr. Bartlett dropped them off at her place of employment and she had other people come to look at them. They came to their committee meeting and wanted them to make a decision then. They were not comfortable at that time having this dumped on them. They wanted to be fair, but there were rules to be followed. Chairperson Ferguson said that he didn't think it was an issue of fairness, but that the applicant was trying to take advantage of timing and it was a little too late. Mr. Bartlett apologized, but stated that he thought they would get into trouble if they came to the commission a month from now. He thought the commission would ask why they weren't part of this process now. Chairperson Ferguson felt it was a point well taken. Chairperson Ferguson asked if anyone wished to speak in OPPOSITION to this proposal. 47 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 MR. JIM JONES, the property owner of the apartment house on Dudley Drive, stated that between he and his partner they wrote about three letters and asked if the commission received them. Mr. Drell stated that they were the ones that were handed out today from Palm Desert Palms. Chairperson Ferguson confirmed that he had all three of them. Mr. Jones stated that he was disturbed about this process because several meetings had been conducted where they discussed their property and they were not even at the meetings and no one even advised them. He said he lives locally and was readily available and was at the property fairly often. There was no secret about where he lives, or what his phone number is or anything else about him. He was very easy to reach, yet no one bothered to reach him to discuss anything about this at all. The first he heard about this was when they received the notice of the public hearing in the mail. Chairperson Ferguson asked when he received that notice. Mr. Jones replied that it was about three weeks ago. At that point he went to see Mr. Drell and reviewed the file. That was when he found out that several meetings had been conducted and surveys had been taken and opinions had been received on what should happen to this area, but they were never contacted. He said that concerned them. He was very concerned or he would not be present at the meeting. He saw Mr. Drell about three times and they wrote those letters. Chairperson Ferguson said that since they just received the letters tonight and since Mr. Jones had now gone through the application, he asked what his objections were. - Mr. Jones stated that their concern was that they had a 40 unit apartment house/town houses and it had high occupancy. They collected about 92% of scheduled rent, which is very high and they had 12 people move last year, which was virtually 100% occupancy in their business. He said they operated an essential business furnishing housing. He said that it was in the public interest that they were there. They had high occupancy and their rents were very reasonable so they were providing a service there. He realized that no one was asking them to tear down their building, but felt a rezone to an office use effected them. They had to refinance this building by July of 1999 and their current lender would not finance this building again. This had nothing to do with the zoning, but because they were going out of the 48 I _ _ MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 apartment financing business. They had to refinance and when a lender looked at this, they were going to be in the wrong zone. This may or may not effect them and he had no idea because he was not a banker, but when they went to get financing they would look at this. Mr. Drell stated that this was a problem that they did encounter and that was why this particular zoning provision was created because it was brought to their attention ten years ago and they created this process by which they issued a document from the City after the applicant goes through a procedure and shows that he has a well maintained project and that document was recorded on the property and specifically says that this is a legal conforming property and to his knowledge no property had been denied financing that has gone through this process. Mr. Jones said they were not talking about being denied financing; they would not be denied financing because they have the best credit there is--it was a matter of the cost of the financing. They didn't know if it would affect the cost. Mr. Drell said that what the lenders asked staff was whether this project was conforming to the ordinances of the city of Palm Desert and this document says yes, it is conforming. They asked if this place burned down if it could be replaced and staff says yes, if it burned down it could be replaced--it was conforming. Typically they were not interested in any details other than those two things. He was unaware of any problems that have occurred with this ordinance. Mr. Jones said that he has been through this with Mr. Drell and he attempted to address this problem and he thanked him for that, but he was still uneasy about it. Chairperson Ferguson noted that Mr. Jones had three weeks in which to contact a lender to ask these questions and he only pointed this out because they were talking about over a year's worth of planning effort that has gone into this and they would discuss the issue of why he got noticed three weeks ago, but three weeks was three weeks. Mr. Jones felt that three weeks was not very long. Chairperson Ferguson asked Mr. Jones to direct his comments to specific objections other than his having an uneasy feeling. Mr. Jones stated that was a specific objection because it was a great concern to them. Another one was that one day they would go to sell the property and this may cloud the sale because this was not zoned correctly. He said it was nice to have a petition from the people who live on Cardiff as an example. He said that he could have gotten a petition from the 40 families that he looks after and he wouldn't have any problem at all getting that. He stated that he was just here two weeks ago for the first time before the commission and hoped it didn't become a habit and he came to them to address the concerns of the residents who live on the property because they care about the property and the people who live there. He could get financing, but if it was more expensive then the rents had to be higher. They have a concern about it the same as the other owners do. If the rents are higher, perhaps their occupancy would not be as high as it is. If they received the letter from the city and they would be legally conforming, 49 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 why not leave them alone because they are legally conforming now. He asked why they are doing this to them to make them go through a whole process to make them legally conforming again. He asked that the zoning,remain as it is and they would remain as they are. The gentleman who owns the property behind him just has a single family home and there was no project proposed for that location or on any of those properties. Why that couldn't be addressed at the time that the projects are proposed he couldn't understand. They would have no objections to an apartment on it or an office building as long as it was a reasonable project. They were happy when they were annexed to Palm Desert also and very happy when Dr. Kerrigan put his office across the street, but he questioned why they were doing this when they are now legally conforming. He stressed that they were an existing business and had been there for about 11 years. He said that he posed some problems to Mr. Drell, but Mr. Drell didn't have a chance to get back to him and that was even if they obtained this legally conforming process, they were 11 separate buildings and if something happened to one of the buildings if they would be able to build it exactly as it is today. Mr. Drell stated that if Mr. Jones goes through this process, every building could burn down and he could replace them, although he didn't know if he would want to replace it exactly like it is today, but they could replace 40 units of apartments of the same size and character. With this process they were under the Zoning Ordinance of the City of Palm Desert as legally conforming as any other property in the city. The problem is that in zoning, they weren't supposed to isolate one property and zone it differently than other properties in the same situation. Where they have an area where there is a mixture of different uses, that creates a problem and some by nature would be non-conforming. A determination on ultimate land use and that is the goal that the City points toward. There is a process and in the ten years of experience of using this process he has never heard of any damage to any multifamily property owner. He was unaware of any increased costs other than the cost of maintaining the property well, which he didn't believe Mr. Jones had a problem with. They couldn't isolate one property and zone it differently. Mr. Jones asked how long the process took to legally conform. Mr. Drell said that he looked at the property and it looked like it was in good condition to him. The process involved a meeting before the Architectural Commission and if he demonstrated that he has a well maintained project they could make a decision in one day. It was a matter of staff typing up the approval and the applicant getting it recorded. It could take as little as two or three weeks. He said that the commission could make the decision to isolate this one parcel and leave it multifamily, but typically that was not a good zoning practice. Mr. Jones stated that they would like to remain R-3 and couldn't see having to go through all of this process to remain the same. 50 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 Chairperson Ferguson closed the public hearing and asked for commission comments. Commissioner Jonathan asked Mr. Drell if he felt that Mr. Jones's case might warrant an exception although he made the statement that generally it was not good zoning practice to have an isolated exception to the zoning. Mr. Drell stated that realistically speaking the commission could do whatever they wanted as long as no one objects or sues them. He said that the City Attorney could provide some input if she wanted, but he didn't care one way or another. It was just that typically they learned in zoning school that consistency of similarly situated properties were zoned the same even though non-conforming uses were not unusual. Commissioner Jonathan asked if it was an option for Mr. Jones if he ran into a real problem for whatever reason that he could come in and request a change of zone for only his property. Mr. Drell said that he could if he could demonstrate that he was actually damaged. Commissioner Jonathan said that Mr. Drell was saying that he could not foresee a situation where he might be damaged as a result of the change of zone. Mr. Drell stated that the City has processed at least a dozen of these requests and his understanding was that no one has come to the City afterwards and alleged that it has not been satisfactory. Commissioner Jonathan noted that it was not their intent to damage Mr. Jones in any way so if that should occur for any reason, he does have an option available to come back to the commission or some other body to request a change of zone. Mr. Drell agreed and stated that in the text of the specific plan it specifically calls out that in their view well maintained apartments are perfectly compatible with well maintained offices and that it was not the intent of any of these things to create non conformance and that the goal was that all the existing properties would achieve conformance. He thought there was enough in the record that any lender could be satisfied that the City has no intent to damage these properties. Chairperson Ferguson stated that he was very impressed with the specific plan and the change of zone and commended the Project Area 4 Committee for commendable work. He was in favor of the application as stated. He wanted to specifically address Mr. Alacano. He hoped that Mr. Alacano understood that what happened here tonight was more timing and procedure than it was a reluctance of either Project Area 4 of this commission to consider a project by him. He said that he was familiar with some of his work and his wife was a huge fan. He would love to see Mr. Alacano do some development out there and would eagerly anticipate looking at an application, whether that came with a change of zone that they could consider or if they were able to get the gate and 9,000 square foot lots, the commission would welcome him. Me. Alacano apologized and said that he just wanted to make everyone aware of the plans they wanted to do in the near future. Chairperson Ferguson stated that the 51 MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1997 last element dealt with Mr. Jones. He said that he has never been aware of a situation, as an attorney who practices in land use, of a detrimental effect occurring because in addition to being legally zoned to do exactly what they are doing now in perpetuity, they now had the option to go to Office Professional, which actually might enhance the value of his property if he ever wished to convert it or if he wanted to sell it, it gave him more options. He agreed with Commissioner Jonathan that if he could come back with a tangible detriment rather than a hypothetical one, they would be more than willing to make sure that,they addressed it at that time and would not put him any worse off than he is now. He didn't think he was by the commission's action tonight and if that were ever to come to pass, they were more than happy to take a look at it. Commissioner Campbell stated that from her attendance at several of the Project Area 4 Committee meetings, she knew they put a lot of work into the proposal. She felt they had done a very good job on it and were very conscientious. She was in favor of making the motion to approve. Action: Moved by Commissioner Campbell, seconded by Chairperson Ferguson, approving the findings as presented by staff and adopting Planning Commission Resolution No. 1974, recommending to City Council approval of GPA 97-1 , Project Area 4 Specific Plan. Carried 4-0. Moved by Commissioner Campbell, seconded by Chairperson Ferguson, approving the findings as presented by staff and adopting Planning Commission Resolution No. 1795, recommending to City Council approval of C/Z 97-3. Carried 4-0. Moved by Commissioner Campbell, seconded by Chairperson Ferguson, approving the findings as presented by staff and adopting Planning Commission Resolution No. 1796, recommending to City Council approval of ZOA 97-2 and ZOA 97-3 as amended. Carried 4-0. 52 • • PLANNING COMMISSION RESOLUTION NO. 1794 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE PROJECT AREA 4 SPECIFIC PLAN WHICH IDENTIFIES THE NEED FOR PUBLIC IMPROVEMENTS, SERVICES, PRIORITIES, ZONING, AND LAND USE POLICIES FOR APPROXIMATELY 2260 ACRES DEFINED AS REDEVELOPMENT AGENCY PROJECT AREA NO. 4 BOUNDED BY WASHINGTON STREET ON THE EAST, FRED WARING DRIVE ON THE SOUTH, INDIAN WELLS AND ELDORADO ON THE WEST AND COUNTRY CLUB DRIVE ON THE NORTH. IN ADDITION, IT INCLUDES 200 ACRES BETWEEN COUNTRY CLUB DRIVE AND 1-10, WASHINGTON STREET AND TAMARISK ROW. CASE NO. GPA 97-1 . PROJECT AREA 4 SPECIFIC PLAN WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1997, hold a duly noticed public hearing to consider the Project Area 4 Specific Plan; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18", in that the Director of Community Development has determined that the project will not create an adverse impact and a Negative Declaration of Environmental Impact has been prepared; and 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 justify recommending to City Council approval of the specific plan: 1 . The policies and land uses contained within the Specific Plan promote the logical, orderly and compatible development of the study area. 2. Proposed land use changes better reflect existing development patterns and are more compatible with adjacent uses then existing designations. 3. The policies and land uses described in the Specific Plan are designed to promote the health, safety and general welfare of the residents within the study area and are consistent with the policies of the adopted General Plan. 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. PLANNING COMMISSION RESOLUTION NO. 1794 2. That it does hereby recommend to the City Council approval of the Project f Area 4 Specific Plan, Exhibit "A", GPA 97-1 including land use map changes, Exhibit "B", and a Negative Declaration of Environmental Impact, Exhibit "C", as it pertains thereto. i PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th, day of March, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON NOES: NONE i ABSENT: FERNANDEZ ABSTAIN: NONE AMES A 0 FE USON, Chairperson I �ATTEST: PHILIP DRELL� Secretary Palm Desert PI nning Commission I i i I 2 I PLANNING COMMISSION RESOLUTION NO. 1794 EXHIBIT "A" RDA PROJECT AREA 4 SPECIFIC PLAN INTRODUCTION The Project Area No. 4 Specific Plan was initiated by the City and Redevelopment Agency to identify needs for public improvements and services, set funding priorities and reexamine zoning and land use policies. The planning area covers approximately 2,260 acres defined as Redevelopment Agency .Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and El Dorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row (not in a RDA project area). Over 50% of the area is within seven gated residential communities ranging in size from 40 to 640 acres. Indian Ridge Country Club, Palm Desert Resort Country Club, Oasis Country Club, Woodhaven Country Club, Desert Breezes, Whitehawk, and Golden Sun. Palm Desert Country Club, a public street planned residential community, occupies 25% of the area. With the exception of Indian Ridge Country Club, the area has been substantially built-out under Riverside County prior to annexation to the city. For planning analysis purposes, six subareas have been identified. SUBAREA 1 The northwest corner of Washington Street and Fred Waring Drive, north to Dudley Drive, west to Warner Trail SUBAREA 2 Palm Desert Country Club - A public street non-gated planned community developed in the 1960's and 70's. SUBAREA 3 Hovley Lane East - A major east-west arterial bisecting the study area. SUBAREA 4 The southwest corner of Country Club Drive/Washington - A diverse mixture of commercial, single family and multifamily uses. SUBAREA 5 The four largest gated communities: Indian Ridge Country Club, Palm Desert Resort Country Club, Woodhaven Country Club and Oasis Country Club. SUBAREA 6 Area between Country Club Drive and 1-10. The area contains the largest tract of undeveloped residential and commercial property. 3 PLANNING COMMISSION RESOLUTION NO. 1794 GENERALISSUES 1 . Land Use. Since the planning area is substantially built out with well defined residential neighborhoods and commercial centers, land use conflicts are minimal. Issues remain in area 1 and 6 where significant undeveloped property remains. The plan will identify these issues in the specific subarea discussion. In resolving potential land use conflicts, every attempt will be made to insure both compatibility and economic feasibility of both adjacent uses. 2. Traffic Circulation and Public Works. The area includes three major east-west arterials (Country Club Drive, Hovley Lane East, and Fred Waring Drive) and the west half (Washington Street). As traffic on these arterials increases, new control measures may be required to insure safe ingress and egress from residential side streets and commercial centers. Most of these public streets are over 20 years old, were constructed at less then current design standards and are in need of repair or reconstruction. 3. Parks. The area is not presently served by a public neighborhood park. A private recreation facility owned by the Palm Desert Country Club Association is available to its members, but is under-utilized and may not be ideally suited to meet the changing recreational needs of the community. Each of the gated country clubs provides high ' quality specialized recreation (golf, tennis, etc.) which may not address all needs of their residents and are not available to the general public. i There are a very limited number of available vacant sites for park development. Potential park sites have been identified in subareas 1, 2 and 6. The advantages and constraints of each site will be evaluated in the individual subarea discussions. 4.' Bicycle and Golf Cart Paths. With special authority from the state legislation, the City of Palm Desert is pursuing a program to promote electric golf cart usage for general transportation on public streets in designated lanes and routes. With nine golf courses within or in the immediate vicinity, there is a high percentage of golf cart ownership in the project area. The city's long range plan links the project area with the system via Hovley Lane East, Warner Trail and California Avenue. These golf cart routes are also serve as bicycle paths linking the area to the city wide master plan. 5. Housing. Within the gated communities, CC&R's and well organized homeowners associations insure housing quality. Palm Desert Country Club is less rigidly organized and is experiencing some property maintenance problems. The Project Area No: 4 preliminary report identified 356 units that are exhibiting deficient conditions or defined as beginning to exhibit signs of deferred maintenance. There 4 PLANNING COMMISSION RESOLUTION NO. 1794 were 254 units designated as deteriorated, showing signs of structural problems, sagging roof walls or crumbling foundations, broken windows, electrical hazards, etc. Due to the modest nature of its housing stock, Palm Desert Country Club provides a significant opportunity for the provision of affordable single family housing. The State Housing Law, Redevelopment Law, the General Plan Housing Element and the Redevelopment Plan all require the City and Redevelopment Agency to diligently implement programs to promote housing affordability for low and moderate income families. Twenty percent of the property tax increment generated in the project area must be spent for low/moderate income housing assistance. In addressing the City's and Redevelopment Agency's legal obligations and the real housing needs of the residents of the area, priority shall be given to programs which involve rehabilitation of the existing housing stock and single lot infill construction. Multi-unit housing developments will not be considered for RDA assistance until the rehabilitation and single lot infill goals have been met. 6. Residential and Commercial Property Maintenance. Through adoption of the Property Maintenance Ordinance, Ordinance 801 , the City has committed to preserving the quality of both commercial developments and residential neighborhoods. The ordinance will be implemented by a comprehensive city-wide survey to identify substandard property subject to ordinance. Property will be classified into three categories: a. ""Deteriorated". Property falling significantly below acceptable neighborhood standards clearly subject to abatement. b. "At Risk". Properties marginally at or below acceptable standards but showing a clear trend toward deterioration. C. Property which meets acceptable standards. Based on survey results, deteriorated properties will be prioritized for immediate abatement. Owners and tenants will be notified of the nature of their violations, the abatement process and will be referred to the Redevelopment Agency regarding available assistance programs. City staff will be available to provide technical assistance regarding cost effective solutions to typical maintenance problems. "At risk" property owners would also be contacted informing them of their marginal status and of the availability of financial and technical assistance. 5 PLANNING COMMISSION RESOLUTION NO. 1794 Information regarding implementation of property maintenance ordinance shall be made available to the general public via the city newsletter, The Bright Side. 7. Utilities. a. Overhead Power Lines. The area is primarily served with overhead facilities on the major arterials and ,within Palm Desert Country Club. Service for new subdivisions and the gated country clubs is underground. Some older lines appear to be sagging. While the ultimate goal is to underground all facilities, the costs involved make it a lower overall priority compared to other public improvements. Where funds are available, undergrounding along the arterial roadways will have priority. Undergrounding of neighborhood service lines would be pursued in response to property owner initiated assessment districts. Staff will work with Southern California Edison to identify sagging lines and correct them when possible. b. Wireless Telecommunication Towers. The new wireless telecommunication technology (i.e. PCS Personal Communication Systems) will require installation of antenna towers throughout the city at heights of up to 70 feet. Although f the Telecommunication Act passed by the U.S. Congress provides for some degree of local regulation, restrictions cannot have the effect of prohibiting the service. Since current city ordinances do not effectively deal with this issue, a specific telecommunication facility ordinance will be prepared which provides for the least impacting antenna design, heights and location consistent with good service. No towers shall be approved prior to adoption of the ordinance. C. Sewer. Most of the area is served by sewers. City ordinance requires properties to hook up at the time of ownership transfer if sewer lines are available within 200 feet. Palm Desert Country Club Subarea 1 (Robin, Mountain View and Delaware) is not currently served by sewer lines. The city's goal is to extend service to all properties in the study area. The one acre lot size in the Robin Road area allows for more effective use of septic tanks and therefore immediate sewer extension is a lower priority. 8. Drainaae. (From Preliminary Report for Project Area No. 4 - Rosenow, Spevacek Group). There are existing storm drain facilities within the Project Area that carry surface water runoff away from the Project Area. Surface water generated within the Project Area is collected and emptied into either the Whitewater River Channel which serves as a major stormwater channel for the City and the Coachella Valley, 6 PLANNING COMMISSION RESOLUTION NO. 1794 or flow in a northerly direction to vacant property in the City where the water percolates into the ground. The Project Area generally has adequate existing drainage facilities to protect the area from flooding. There are, however, areas of localized flooding that need storm drain improvements to reduce the nuisance flooding condition that occurs periodically. The City of Palm Desert's Public Works Department staff have identified three (3) areas within the Project Area which require storm drains in order to eliminate potential flood hazards. These areas include: (1) Warner Trail from Fred Waring Drive to the Whitewater Channel; (2) Fred Waring Drive east and west of Warner Trail; and (3) Washington Street from 42nd Avenue north and south as required. More study may be undertaken in order to determine any additional improvements which are needed. Standing water is evident throughout the Project Area, even during dry periods. A master drainage plan is currently being proposed for the Palm Desert Country Club/Bermuda Dunes area which will provide for the construction and funding of required drainage improvements. 9. Police and Fire Protection. The Palm Desert Police and Riverside County Fire officials indicate that the area is currently adequately served by existing facilities. If the city annexes territory to the east or north, additional police and fire facilities might be necessary to serve this expanded responsibility of the city. 7 PLANNING COMMISSION RESOLUTION NO. 1794 SPECIFIC AREA ISSUES, POLICIES AND IMPLEMENTATION PROGRAMS SUBAREA 1 Northwest Corner of Washington Street and Fred Waring Drive. Due to the unique rural nature of the one acre lot subdivision in this subarea, a questionnaire was mailed to property owners and residents on Mountain View, Delaware, Robin Road and Latisha to determine their opinions and preferences regarding future development and land use. On October 7 a community meeting was held to further discuss issues of concern to this neighborhood. There was nearly a 50% response to the questionnaire and the meeting was attended by over 30 property owners/residents. The recommendations in this section were strongly influenced by the public input provided by the questionnaire and community .meeting. { I. LAND USE: Existing land uses in this subarea include the following: Desert Breezes, a 75 acre gated planned community with detached single family homes, condominiums and time share units (zoned PR-4, 4 units per gross acres); an area zoned R-1 9,000 (single family 9,000 square foot lot minimum) but divided primarily into one acre lots, I to depth of 300 feet, the west side of Washington Street is zoned R-3 2,000 to 4,000 (multifamily with density of 11 to 21 units per acre). There is a small five acre commercial complex at the corner. Nineteen (19) acres directly adjacent north of Desert Breezes is a vacant unsubdivided parcel zoned R-1 9,000 and R-3 2,000. ISSUE I: Zoning Consistency The existing R-1 9,000 zoning is not consistent with the predominant one acre subdivision pattern. Under current zoning, each existing lot could be divided into four parcels significantly changing the rural character of the neighborhood. Several of the existing property owners stable horses which was permitted by the County prior to annexation. The current R-1 zone does not permit horses. POLICY: Zones should reflect the predominant existing land use and subdivision pattern. IMPLEMENTATION: A change-of zone shall be initiated for the one acre lot area from R-1 9,000 to RE 40,000 (Estate Residential District) which requires a minimum 40,000 square foot 8 i r PLANNING COMMISSION RESOLUTION NO. 1794 lot size. The RE zone will be amended to provide for the keeping of horses as a permitted use subject to a non-discretionary regulatory permit. The permit process will include specific limitations on the number of animals and conditions under which they are kept. An inspection program will be initiated through the city's animal control program to enforce these restrictions insuring impacts on adjacent properties are minimized. Building setbacks in Section 25.14.080 shall be modified to create a minimum front setback of 30 feet and minimum side yard of 15 feet. Consideration shall be given to expanded home occupations which are compatible with the rural nature of the area as a conditional use. ISSUE II: Second Senior Units As required by State law the Palm Desert Zoning Ordinance Chapter 25.21 provides for the development of a second senior unit "granny flat" in single family zones. That ordinance requires the second unit to be attached to the primary residence. While this requirement makes sense on the typical 10,000 square foot lot, it is not a logical restriction for lots over 40,000 square feet. POLICY: Large estate lots are a logical location for the development of limited second senior units. IMPLEMENTATION: The RE zone shall be amended adding Second Unit Senior Housing as described in Chapter 25.21 to the list bf conditional uses and providing an exception which allows units to be detached with gross floor area limited to 50% of the primary dwelling, not to exceed 800 square feet. ISSUE III: Washington Street Frontage To a depth of 300 feet, the Washington Street frontage is zoned for multifamily use. The increasing traffic on Washington Street raises questions concerning the ultimate compatibility and economic viability of small scale multifamily development in this area. In the area there is currently a mixture of uses including offices, a church, school and residential apartments. At the north end near Dudley Drive, there are a number of land locked parcels (including a lot zoned R-1 9,000) which are only 9 : PLANNING COMMISSION RESOLUTION NO. 1794 accessible via easements to Washington Street (see issue IV). Other than the frontage associated with the 19.5 acre parcel discussed below, there is only one vacant lot with direct Washington Street frontage. POLICY: Land use policy and zoning should encourage uses which are compatible with the high traffic intensity on Washington and the low intensity residential uses to the west. Professional office zones have been shown to provide effective buffer uses between high traffic corridors and low density residential neighborhoods. All the existing developed uses appear to be compatible and should be allowed to continue with full legal conforming status. IMPLEMENTATION: With the exception of the area described in issue III, initiate change of zone for the Washington Street Frontage from R-3 to O.P. The legal conformance process described in Section 25.76.075 of the Zoning Ordinance shall be amended to include multifamily uses in the office professional (O.P.) zone where a finding of compatibility can be made. ISSUE IV: 19.5 acre vacant parcel north of Desert Breezes Property is currently zoned R-1 9,000 and R-3 2,000 (see above discussion). Surrounding property owners have expressed concern about compatibility of the ultimate development of the site. R-1 9,000 translates out to approximately 3.5 units/acre. The R-3 2,000 produces 21 units/acre. Total development potential of the site under current zoning would be 55 single family homes and 99 apartments. Adjacent land uses include an arterial roadway, Desert Breezes at four units/acre and the Robin Road area with one acre lots and one acre lots backing from Mountain View. POLICY: Land use zoning designations should attempt to be compatible with all adjacent land uses. 10 PLANNING COMMISSION RESOLUTION NO. 1794 IMPLEMENTATION: OPTION 1: Rezone Washington Street frontage from R-3 2,000 to R-1 9,000. Maintain balance of property R-1 9,000. Public access to this area shall be from Washington Street. A cul-de-sac shall be created at the end of Robin Road with an emergency vehicle gated access serving both Robin Road and the new subdivision. OPTION 2: Consider redesignation to open space and public acquisition as a neighborhood park (see park discussion). ISSUE V: Dudley Drive Area Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well maintained home on a 1 .66 acre estate lot behind the apartment complex. The residential parcels are isolated from Palm Desert Country Club by an 8-10 foot block wall and only have access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. 'The existing block wall inherently provides a significant sound and visual buffer.- POLICY: Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the General Plan Land Use Designation for this area be changed to Professional Office. 11 PLANNING COMMISSION RESOLUTION NO. 1794 j IMPLEMENTATION: The area including the isolated parcel shall be rezoned to Office Professional contingent on the understanding that any office development precise plan includes all vacant properties and demonstrates compatibility with existing adjacent land uses. Y I II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE L Left turn access from Desert Breezes to Fred Waring Drive Traffic levels on Fred Waring have made it increasingly difficult and dangerous to left- turn exit from Desert Breezes to eastbound Fred Waring. The large Southwest Community Church facility on the south side of Fred Waring has been designed with its main entrance aligned with the Desert Breezes entrance. POLICY: If justified by traffic volume warrants or accident history, left turn access from side streets to major arterials shall be controlled via signals or prohibited by median control structures which allow only left turn entrance but only right turn exit. I IMPLEMENTATION: �. 1 . Conduct warrant study of existing conditions and forecast potential increase for Southwest Community Church to determine feasibility of a signal. 2. Discuss issue with the County and church to determine funding sources. ISSUE Il: Multiple leff'turn access to northbound Washington Street j As is the case with Fred Waring Drive, left turn access to Washington is becoming more difficult and dangerous. POLICY: Control left turn exits where traffic levels and accident data warrants. 12 PLANNING COMMISSION RESOLUTION NO. 1794 IMPLEMENTATION: 1 . Conduct studies of accident history. 2. In cooperation with the County, design median structures to .control left turn exits. ISSUE III: Completion of road improvements for Delaware, Mountain View and Latisha This one acre lot subdivision was originally developed without paved streets. In 1989 Robin Road was paved with curb and gutter pursuant to a County assessment district. Delaware, Mountain View and Latisha will be paved through a South Coast Air Quality Management District PM10 grant. The grant will not include concrete curb or gutter (asphalt curb will be constructed). These streets cut through from Washington to Warner Trial. As congestion at the Washington/Fred Waring intersection increases, these newly paved streets will provide a convenient short cut to westbound Fred Waring via Warner Trail. POLICY: 1 . Public streets shall be ultimately improved to city standards including curb and gutter. 2. Local streets shall be designed to discourage non-local through traffic. IMPLEMENTATION: 1 . With the exceptiort'of emergency vehicle access, Delaware Place and Mountain View shall be closed to auto traffic 300 feet west of Washington Street prior to the completion of the paving project. 2. Completion of full road improvements including curb and gutter shall be a lower priority and deferred until funding sources become available. ISSUE IV: Street lighting at Fred Waring/Washington intersection (Currently there is no street lighting at the intersection of Washington and Fred Waring Drivel 13 PLANNING COMMISSION RESOLUTION NO. 1794 POLICY: All arterial intersections should include traffic safety lighting. IMPLEMENTATION: The City shall coordinate with the County and La Quinta for planning, engineering, funding and installation of safety street lighting at Fred Waring and Washington Street. III. PARKS ISSUE I: The area is not served by any public parks The 19.5 acres vacant site north of Desert Breezes is one of the few large vacant parcels in the study area and provides significant opportunities for recreational development: It is large enough to accommodate a wide variety of facilities designed for all age categories with ample parking. The front 300 feet adjacent to Washington Street could be developed with relatively intensive uses without adversely impacting adjacent properties. The balance of the site would require careful design to address noise, lighting and security concerns of residents of Desert Breezes, Robin Road and Mountain View. While primary access to the park would be from Washington Street, a secondary entrance should also be developed to provide direct access via the interior local street system. A one acre parcel on Mountain View owned by the Coachella Valley Water District may be available as access. 14 • • i PLANNING COMMISSION RESOLUTION NO. 1794 POLICY: All areas shall have convenient access to neighborhood parks designed to meet the specific needs of the residents. IMPLEMENTATION: Establish a neighborhood recreation advisory subcommittee reporting to the Project Area 4 Committee and the Parks and Recreation Commission to determine recreation needs and analyze prospective park sites including the 19.5 acre parcel. Emphasis would be placed on the development adjacent to the Washington Street frontage. If the 19 acre site is determined to be the best alternative, design and funding mechanisms would be created to develop and maintain the facility. Since the site is easily accessible by residents of La Quinta and Indian Wells, joint funding of the facility should be pursued with these cities. HOUSING: By their nature, the one acre parcels do not lend themselves to affordable housing. The primary issue in the area will be to maintain housing quality. POLICY: Through adoption of the Property Maintenance Ordinance the City has committed to preservation of neighborhood quality and improvement of substandard conditions. IMPLEMENTATION: A designated code enforcement officer will identify violations of the Property Maintenance Ordinance"and pursue enforcement. See general discussion for implementation strategy. SUBAREA 2 Palm Desert Country Club The Palm Desert Country Club was developed in the 1960's and 1970's as an ungated, public street senior citizen planned residential community. It includes a 27 hole privately owned full length golf course and a homeowners association community center. The development is predominately comprised of modest two and three bedroom single family homes, many of which back out onto the golf course. 15 : PLANNING COMMISSION RESOLUTION NO. 1794 I. LAND USE: The country club is built-out with relatively homogeneous single family homes on 6,000 square foot lots. The current R-1 9,000 zoning requires minimum 9,000 square foot lots in new subdivisions. Commercial development is confined to the southwest Hovley Lane East/Washington Street intersection and Avenue of the States. Multifamily apartments are located in discreet areas on Michigan Avenue, California Avenue and Washington Street. In general, significant land use conflicts are rare. II. TRAFFIC/CIRCULATION: ISSUE: Speed Control The circulation system for Palm Desert Country Club was designed with long intersecting through streets which have a tendency to encourage speeds in excess of the limit. -Speeding problems have been observed on Warner Trail, California and New York/Virginia. POLICY: Given the existing street pattern, there are few effective strategies for lowering t speeds other than enforcement. Stop signs which are not justified by cross traffic increase noise, exhaust emission levels, do not significantly reduce overall speed levels, and foster disrespect for traffic laws. IMPLEMENTATION: 1 . City Engineer shall identify intersections where traffic volumes warrant stop signs. 2. Speed studies shall be conducted to identify priority streets for enforcement. ISSUE: Street Lighting Extensive street lighting was installed throughout the Palm Desert Country Club by the original developer. The lights are maintained through a lighting and landscape maintenance district. 16 PLANNING COMMISSION RESOLUTION NO. 1794 ISSUE: Street Repairs Most of the local streets within Palm Desert Country Club are generally over 20 years old and are in need of repair. The original construction specifications and roll curbs and gutters do not comply with current city standards. POLICY: To the greatest extent feasible, street surfaces shall be brought up to city standards. Although the roll curbs do not meet current city standards, their replacement should not be a high priority. IMPLEMENTATION: A comprehensive street condition study shall be conducted by the Department of Public Works as part of their PMS (pavement maintenance system) program, resulting in a priority schedule for street repairs. Depending on condition, street will be designated for slurry seal, resurfacing or reconstruction. ISSUE: Fred Waring Drive Parkway Improvements With the exception of 1,000 feet of new sidewalk between Warner Trail and Elkhorn Trail, the one mile of parkway between Warner Trail and California is devoid of improvements or maintenance other then weed abatement. The rear walls of adjacent homes are inconsistent in terms of material, design and condition. In general, the parkway presents an unacceptable public image for the city and project area along this important arterial. POLICY: All public arterial parkways shall be brought up to current design standards including sidewalks and drought tolerant landscaping and attractive perimeter walls. IMPLEMENTATION: 1 . Initiate the design process for parkway landscaping including alternatives to economically integrate the existing walls. 2. Investigate possible funding sources for construction and maintenance including community development block grants and assessment districts. 17 i l F PLANNING COMMISSION RESOLUTION NO. 1794 1 3. Fence provisions of the property maintenance ordinance shall be enforced { where appropriate. I 4. Wall and landscape plan shall be designed to discourage graffiti. Graffiti I abatement program shall utilize paint to consistently match original wall color. Ill. PARKS: I ISSUE: The area is not currently served by a neighborhood park. The nearest city park facility is at Magnesia Falls and Portola, nearly four miles away. There is a 4.5 acre recreation facility owned and operated by the Palm Desert Country Club Association on California at Avenue of the States, containing two swimming pools, spa, 8,000 square foot building complex, rose garden and parking lot. The facility is primarily oriented towards senior citizens and is under utilized. There are virtually no facilities for children or young adults. Negotiations between the City and the Association concerning acquisition and development of a public park and recreation facility on the site were not successful. There remains some opportunity for City/Association cooperation to improve and expand this facility. Through redesign of the excessively large parking lot and utilization of vacant areas adjacent to the rose garden, additional facilities could be added to significantly increase the public recreational value to the project area. { POLICY: Priority shall be given to developing a neighborhood park accessible to and meeting the broad recreational needs of the Palm Desert Country Club residents. IMPLEMENTATION: City and Recreation and Park District staff shall prepare conceptual plans and evaluate the advantages of sites in the specific plan area for presentation to the Parks and Recreation Committee and Project Area 4 Recreation Subcommittee. Depending on the results of that evaluation, the respective property owners would be contacted concerning the availability and terms for use of their properties. HOUSING: The area is predominately developed with modest single family detached homes built in the 1960's and 70's. While the majority are well maintained, a growing number are falling into disrepair, through neglect, foreclosure or abandonment. The majority I 18 PLANNING COMMISSION RESOLUTION NO. 1794 of the 610 deficient or deteriorated units identified in the Project Area No. 4 Preliminary Report were in this subarea. Less than 40% of the units in the area are owner occupied. This high incidence of absentee ownership may contribute to the growing property maintenance problem. The subarea also includes two older apartment complexes located on Michigan Drive between Idaho and.Warner Trail and on California and Elkhorn Trail. These projects serve primarily low and very low income households. The area, which is substantially built out, contains scattered vacant single family lots. POLICY: Through the General Plan Housing Element, Property Maintenance Ordinance and Redevelopment Plan, the city is committed to preserving housing quality and affordability. The modest nature of the housing stock in Palm Desert Country Club provides a unique opportunity to advance both of these goals. IMPLEMENTATION: A. A comprehensive survey shall be conducted to locate vacant lots and deteriorated units and identify the occupancy circumstances (i.e. owner occupied, renter, vacant, abandoned, for sale, foreclosure, etc.). Depending on individual circumstances properties will be evaluated for inclusion in the city's RDA's affordable housing program which may include: 1 . Rehabilitation loans for existing low/moderate income owner occupied units. 2. Rehabilitation loans for rental properties when owners commit to low/moderate income rental restrictions. 3. Self-help rehabilitation where RDA purchases deteriorated property, contracts with nonprofit housing corporation to supervise low income home buyers in the rehabilitation of their own homes. 4. Self-help new infill construction. As a secondary priority vacant infill parcels would be purchased by the RDA and developed through a nonprofit self-help housing program. B. The existing multifamily projects shall be periodically monitored to insure they provide a quality residential environment and to determine if conditions warrant 19 PLANNING COMMISSION RESOLUTION NO. 1794 public intervention or if opportunities exist for inclusion in the city's affordable housing program. j SUBAREA 3 Hovley Lane East This subarea includes only the east-west arterial (formerly 42nd Avenue) which bisects the study area and extends from Cook Street to Washington Avenue. The portion east of Oasis was developed as part of Palm Desert Country Club in the 1960's. The street did not become a functioning uninterrupted arterial until the section between Eldorado Drive and Oasis were completed in 1995 in connection with the development of Indian Ridge Country Club. What had been a relatively quiet access for the adjacent country clubs was transformed into a major east-west alternative to Country Club Drive. 1. TRAFFIC/CIRCULATION/RIGHT OF WAY IMPROVEMENTS ISSUE: Speed Control The low level of cross traffic on this arrow straight arterial tends to encourage speeding. POLICY: Targeted enforcement of the posted speed limit shall be the primary strategy for controlling excessive speed. ISSUE: Now that Hovley Lane East has been transformed from a quiet back street to a major arterial, the increasing speed and volume dictate significant design changes, resurfacing and reconstruction of the older portion of the roadway. The south side parkway is undeveloped. Perimeter block walls between Idaho Street and Warner Trail are crumbling and painted with mismatched colors as a result of graffiti abatement. Between Warner Trail and Kansas Street walls are a disorganized combination of block and wood in varying stages of deterioration. Since country club maintenance workers are not allowed to park within the clubs, they are to park outside the gates on Hovley. On the south side, workers currently drive over'the curb and park in the dirt parkway. On the north they park adjacent to the club entrance creating sight obstructions for residents turning onto Hovley. 20 PLANNING COMMISSION RESOLUTION NO. 1794 POLICY: The upgrading of Hovley Lane East shall have first priority for Redevelopment Agency funding. All road improvements designs in the area shall be submitted to the Project Area Committee for review and comment at earliest stage and shall take into account the ultimate design goals for the roadway. IMPLEMENTATION: 1 . Left/Right Turns. Lane striping shall include a center turn lane to facilitate both entrance to and exits from side streets. 2. Where feasible right turn deceleration lanes shall be included. 3. Since Hovley Lane East is the designated golf cart/bike lane access to the study area, it is important to provide for these facilities in the reconstruction design. 4. Reconstruction plan shall provide for ultimate parkway landscaping and sidewalks including a program to encourage a unified perimeter wall design between Idaho Street and Kansas Street. Program would involve financing mechanisms and enforcement of the wall maintenance requirements of the property maintenance ordinance. The ultimate goal shall be an attractive, low maintenance wall and landscape plan designed to discourage graffiti. Anti- graffiti wall coatings shall be utilized to avoid the mismatched paint problem which currently exists. 5. The country club associations shall be encouraged to provide on-site parking facilities for their maintenance employees. Curbs shall be painted red adjacent to country club entrances and side streets prohibiting parking and providing for improved visibility and deceleration/acceleration lanes. 6. The city shall work with the City of Indian Wells and Sunrise Company to complete the mile long south half-street between Oasis Country Club and the Coachella Valley Water District facilities. SUBAREA 4 Southwest corner of Washington Street/Country Club Drive The 160 acres at the southwest corner of Country Club Drive and Washington Street contain a collection of uses including a gated single family subdivision (Whitehawk), a 21 PLANNING COMMISSION RESOLUTION NO. 1794 manufactured housing subdivision (Golden Sun Estates), a partially developed 20 acre commercial center, timeshare development currently operated as an extended stay hotel (Sun Dunes Villas), and two apartment complexes (Royal Palms and Desert Oasis). I. LAND USE: Current development in the area is in general conformance with designated land uses. With the south half of the Whitehawk subdivision currently under construction the only remaining vacant land in the subarea includes seven acres of PC-2 District Commercial property at the corner and 34,000 square feet at the east side of Desert Dunes Villas facing Washington Street. ISSUE I: The seven acres of vacant property associated with the corner commercial center was originally approved as a supermarket site. There has been no interest to develop and market from any of the major supermarket chains. Being adjacent to the redesigned Washington Street/1-10 freeway interchange, the corner is under consideration for designation as yet to be created: Freeway Commercial Zone. This zone would be designed for freeway-oriented traffic and could include provisions allowing drive-through fast food restaurants, gas stations closer than 500 feet apart i and high quality tourist serving facilities. ' POLICY: Land use designation should encourage commercial development oriented to freeway offramp traffic but consistent with Palm Desert's image and quality: design philosophy. Gas station site plans shall incorporate reverse orientation where associated buildings occupy street frontage and fueling aisles face inward. IMPLEMENTATION: Designate corner Freeway Commercial Zone. ISSUE II: Directly south of the commercial corner, Sun Dunes Villas is a 48 unit complex originally developed as a timeshare project but what is now managed as an extended stay hotel. The units are all at least 400 square feet and all contain kitchens. Minimum stay is one week with many guests staying 3-4 months. The owners wish to add more units on the 34,000 square foot vacant area fronting Washington. The existing R-3 multifamily zone on the property permits 18 units per acre allowing 22 PLANNING COMMISSION RESOLUTION NO. 1794 approximately 120 units on the five acre site. The existing project density is ten hotel units per acre. The proposed expansion which could include a general upgrading of the entire property is well within zoning limits. POLICY: Older hotels should be encouraged to update their facilities and expand to the extent necessary for economic viability. IMPLEMENTATION: None Required. HOUSING: The subarea contains a wide variety of housing types catering to a broad range of incomes. The properties appear well managed and maintained. POLICY/IMPLEMENTATION: ( Existing projects will be monitored to insure continued quality and to identify opportunities for inclusion in the city's affordable housing program. SUBAREA 5 Country Clubs This subarea includes four gated country clubs of which Woodhaven, Oasis and Palm Desert Resort are complete. Indian Ridge Country Club has completed approximately one third of their 1280 approved units. 1. LAND USE: All the country clubs have been developed pursuant to unified plans and are consistent with city zoning. Internally, homeowners associations regulate and maintain the property quality through their HOA fees and CC&Rs. ISSUE: The main external impact of country club activities is their practice of restricting service and construction worker vehicle access through their gates. As a result, street parking problems often occur adjacent to their rear entrances. This is a particular problem on Hovley East at the Woodhaven entrance where employee cars 23 PLANNING COMMISSION RESOLUTION NO. 1794 have historically driven over the roll curb on the south side of the street and park in the parkway. POLICY: Gated communities shall be encouraged or required where possible to provide on-site parking for construction/maintenance workers. IMPLEMENTATION: City staff shall work with the respective homeowners associations to develop mutually acceptable parking solutions. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE: j Woodhaven left turn access to Washington Street. Increasing traffic on Washington Street has made left turn exits increasingly difficult. POLICY: f Unless strict traffic warrants can be met the preferred solution to side street access 1 to major arterials is median island left turn control versus traffic signals. These median structures typically permit left turn entrance but only right turn exit.. IMPLEMENTATION: I The City Traffic Engineer shall monitor traffic volumes and accident records and determine appropriate ;deft turn control alternatives in consultation with the Woodhaven Homeowners Association. ISSUE: Lack of parkway landscaping on the west and south side of Palm Desert Resort Country Club i When the Palm Desert Resort Country Club was developed in the late 1970's and 1980's there were no provisions within the County conditions of approval for parkway landscaping on the west and south sides, (Oasis Country Drive which didn't exist and 42nd Avenue, now Hovley East). While the developer was required to construct the Oasis half street it was believed that the blowsand impacts from the vacant Indian Ridge site made landscaping impractical to maintain. 24 I • • PLANNING COMMISSION RESOLUTION NO. 1794 In 1985 and 1987 the developer approached the Palm Desert Resorter Association with offers to install parkway landscaping if the association would provide maintenance. These offers were not accepted. POLICY: All residential projects within the city are required to install and maintain parkway landscaping either through their association or a lighting and landscaping maintenance assessment district. IMPLEMENTATION: r The City/RDA staff shall initiate discussions with the Palm Desert Resorter Association to investigate available financing alternatives to facilitate installation and maintenance of parkway landscaping. SUBAREA 6 North Side Country Club Although not within the redevelopment project area, the north side of Country Club Drive between Washington Street and Tamarisk Row Drive is functionally a part of the East Palm Desert planning area. It also contains the last large undeveloped residential and commercial properties in the study area. I. LAND USE: ISSUE I: Land use of 115 acre vacant parcel at northeast corner of Country Club Drive and Tamarisk Row Drive The property is currently zoned R-1 12,000 which was consistent with the County zoning at annexation. A;noise study on the property conducted in 1989 concluded that combined noise exposure from 1-10 traffic and the railroad in excess of 65 db CNEL extended 910 feet from the tracks and 2100 feet at 60 db CNEL. Due to atmospheric conditions, noise levels did not decrease significantly at night. Maximum acceptable noise levels for residential areas identified in the Palm Desert Municipal Code Section 9.24.030 are 55 dba daytime (7:00 a.m. to 10:00 p.m.) and 45 dba night time (10:00 p.m. to 7:00 a.m.). The 60 dba contour measured from Country Club Drive extended 200 feet into the property in 1989 and as a result of increased traffic would extend 296 feet in the year 2000. In 1990, the property owner requested a County Comprehensive General Plan Amendment and Change of Zone from single family residential to Industrial Park. 25 PLANNING COMMISSION RESOLUTION NO. 1794 Although the noise levels for the entire site identified in the project EIR exceeded residential standards the application was denied due to incompatibility with adjacent residential uses, traffic and other unmitigated environmental impacts. Later in 1990, the property owner filed a pre-annexation zoning application with the City for a similar industrial/professional office designation. Due to opposition from surrounding residential uses, the request was denied, annexed as R-1 12,000 and remains vacant. In a similar location adjacent to the tracks and 1-10 east of Portola, a preliminary noise study indicated the necessity for a continuous 18 foot high masonry sound wall to reduce the existing noise level to the residential standard. POLICY: Permitted land uses should be compatible with both the physical conditions of the site and surrounding land uses. The zoning on the property should allow uses along the railroad tracks which are compatible with the high noise environment and which act to economically mitigate existing impacts for the southern half of the property. IMPLEMENTATION: The northern 500-600 feet of the property shall be redesignated for an industrial use either Service Industrial (SI) or Planned Industrial (PI). The balance of the property would be designated R-1 (8,000 or 12,000). This .design.would permit noise tolerant uses adjacent to the railroad tracks which would ultimately serve as noise mitigation for the residential zone. The industrial park or service industrial subdivision design would provide for building pads which create a continuous 18 foot high sound barrier. Ideally, primary access to this area could be provided through the existing industrial/office park to the east. Emergency access could be provided from Tamarisk Row Drive. ISSUE II: Commercial property at northwest corner Country Club/Washington. The northwest corner of Country Club Drive and Washington includes approximately 25 acres of vacant land zoned Planned District Commercial (PC-2), five acres at the corner and 20 acres west along Country Club. The completion of the redesigned Washington/1- 10 interchange has stimulated development interest from business oriented to freeway traffic. Specifically these include fast food restaurants (with drive throughs) and gas station/convenience stores. Of primary concern to these businesses is visibility to freeway traffic. Each of these features common to freeway oriented developments are at odds with specific prohibitions with the city's zoning ordinance. 26. PLANNING COMMISSION RESOLUTION NO. 1794 All commercial zones prohibit drive through restaurants. Section 25.56.330 requires a 500 foot minimum distance between gas stations, effectively limiting an intersection to one station. Since a Mobile station is already on the southwest corner a gas station could not locate on the northwest corner. The current sign code limits freestanding signage to ten feet which is insufficient for freeway visibility. POLICY: Zoning requirements and restrictions should allow for the unique requirements of freeway oriented businesses. IMPLEMENTATION: A Freeway Commercial zone shall be created and added to the City Zoning Ordinance. Areas adjacent or within the immediate vicinity of freeway off-ramps shall be re-designated to this new zone. II. PARKS: ISSUE I: This subarea's large vacant parcel represents the last opportunity to develop a significant regional recreational facility in eastern Palm Desert POLICY: While a regional facility may ultimately be appropriate for this area, other recreation projects dictate that it be a lower priority. IMPLEMENTATION: Feasibility of inclusion of a recreational facility shall be considered in conjunction with any future development proposed for the property. 27 PLANNING COMMISSION RESOLUTION NO. 1794 VICINITY MAP i 1 COOK STREET i rn a� 0 1 // • i C i WACNINf Tf1N .. I RTRFFT' i 28 Co Hovley lane .•r=`. :: �C. LEGEND Residential Study Zone To LL ��ai ::: =�: ii 4.:• Office f Professional Very Low Res. 1 -3 Du/Ac I Low Density Res. j. . .. 3- u/Ac Ro ��� ,' ::• "' ' Office Professional gel Fred Waring Drive ^T^ CITY OF PALM DESERT Case No. GPA 97-1 PLANNING COMMISSION RESOLUTION NO. 1794 Date March 18, 1997 I PLANNING COMMISSION RESOLUTION NO. 1795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY l OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ] ENVIRONMENTAL IMPACT AND CHANGE OF ZONE 1 IMPLEMENTING RECOMMENDATIONS OF THE PROJECT AREA 4, SPECIFIC PLAN. CASE NO. C/Z 97-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on 18th the day of March, 1997, hold a duly noticed public hearing to consider the amendments to the Palm Desert Zoning Map, Exhibit "A", attached hereto; and WHEREAS, said application has complied with the requirements of the "City of Palm 'Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have an adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: i i 1 . The land use resulting from the change of zone would be compatible with adjacent proposed land uses and better reflects existing development. 2. The density resulting from the change of zone would be compatible with densities permitted in the adjacent areas. 3. The proposed change of zone implements recommendations of the Project Area 4 Specific Plan.and the adopted Palm Desert General Plan. 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 findings of the commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of Change of Zone 97-3, Exhibit "A", and a Negative Declaration of Environmental Impact, Exhibit "B", as it pertains thereto. I PLANNING COMMISSION RESOLUTION NO. 1794 r EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION PA 97-1 The Project Area 4 CASE NO G 1 Specific Plan -APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: The Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, { has found that the described project will not have a significant effect on the environment. ` A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if.any, included in the project to avoid potentially significant effects, may also be found attached. t8. 1997 PHILIP DREL DATE DIRECTOR OF COMMUNITY DEVELOPMENT Am 30 RESOLUTION NO. 97-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE PROJECT AREA 4 SPECIFIC PLAN WHICH IDENTIFIES THE NEED FOR PUBLIC IMPROVEMENTS, SERVICES, PRIORITIES, ZONING, AND LAND USE POLICIES FOR APPROXIMATELY 2260 ACRES DEFINED AS REDEVELOPMENT AGENCY PROJECT AREA NO. 4 BOUNDED BY WASHINGTON STREET ON THE EAST, FRED WARING DRIVE ON THE SOUTH, INDIAN WELLS AND ELDORADO ON THE WEST AND COUNTRY CLUB DRIVE ON THE NORTH. IN ADDITION, IT INCLUDES 200 ACRES BETWEEN COUNTRY CLUB DRIVE AND 1-10, WASHINGTON STREET AND TAMARISK ROW. CASE NO GPA 97-1 PROJECT AREA 4 SPECIFIC PLAN WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of April, 1997, hold a duly noticed public hearing to consider the Project Area 4 Specific Plan, GPA 97-1; and WHEREAS, the Palm Desert Planning Commission adopted its Resolution No. 1794 on March 18, 1997, recommending approval to City Council; and It WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18", in that the Director of Community Development has determined that the project will not create an adverse impact and a Negative Declaration of Environmental Impact has been prepared; 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 and reasons to justify approving the specific plan: 1 . The policies and land uses contained within the Specific Plan promote the logical, orderly and compatible development of the study area. 2. Proposed land use changes better reflect existing development patterns and are more compatible with adjacent uses then existing designations. 3. The policies and land uses described in the Specific Plan are designed to promote the health, safety and general welfare of the residents within the study area and are consistent with the policies of the adopted General Plan. RESOLUTION NO. 97-31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, -as follows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. 2. That it does hereby approve the Project Area 4 Specific Plan, Exhibit "A", GPA 97-1 including land use map changes, Exhibit "B", and a Negative Declaration of Environmental Impact, Exhibit "C", as it pertains thereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 10th, day of April, 1997, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY NOES: NONE ABSENT: -NONE ABSTAIN: NONE RIC S. KELLY, Mayor ATTEST: SHEILA R. Gl LIGAN, Cjty Clerk City of Palm Desert, Califomia 2 RESOLUTION NO. 97-31 EXHIBIT "A" RDA PROJECT AREA 4 SPECIFIC PLAN INTRODUCTION The Project Area No. 4 Specific Plan was initiated by the City and Redevelopment Agency to identify needs for public improvements and services, set funding priorities and reexamine zoning and land use policies. The planning area covers approximately 2,260 .acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and El Dorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row (not in a RDA project area). Over 50% of the area is within seven gated residential communities ranging in size from 40 to 640 acres. Indian Ridge Country Club, Palm Desert Resort Country Club, Oasis Country .Club, Woodhaven Country Club, Desert Breezes, Whitehawk, and Golden Sun. Palm Desert Country Club, a public street planned residential community, occupies 25% of the area. With the exception of Indian Ridge Country Club, the area has been substantially built-out under Riverside County prior to annexation to the city. For planning analysis purposes, six subareas have been identified. SUBAREA 1 The northwest corner of Washington Street and Fred Waring Drive, north to Dudley Drive, west to Warner Trail. SUBAREA 2 Palm Desert Country Club - A public street non-gated planned community developed in the 1960's and 70's. SUBAREA 3 Hovley Lane East - A major east-west arterial bisecting the study area. SUBAREA 4 The southwest corner of Country Club DriveMashington - A diverse mixture of commercial, single family and multifamily uses. SUBAREA 5 The four largest gated communities: Indian Ridge Country Club, Palm Desert Resort Country Club, Woodhaven Country Club and Oasis Country Club. SUBAREA 6 Area between Country Club Drive and 1-10. The area contains the largest tract of undeveloped residential and commercial property. 3 ,L ,O RESOLUTION NO. 97-31 GENERALISSUES 1 . Land Use. Since the planning area is substantially built out with well defined residential neighborhoods and commercial centers, land use conflicts are minimal. Issues remain in area 1 and 6 where significant undeveloped property remains. The plan will identify these issues in the specific subarea discussion. In resolving potential land use conflicts, every attempt will be made to insure both compatibility and economic feasibility of both adjacent uses. 2. Traffic Circulation and Public Works. The area includes three major east-west arterials (Country Club Drive, Hovley Lane East, and Fred Waring Drive)•and the west half (Washington Street). As traffic on these arterials increases, new control measures may be required to insure safe ingress and egress from residential side streets and commercial centers. Most of these public streets are over 20 years old, were constructed at less then current design standards and are in need of repair or reconstruction. 3. Parks. The area is not presently served by a public neighborhood park. A private recreation facility owned by the Palm Desert Country Club Association is available to its members, but is under-utilized and may not be ideally suited to meet the changing recreational needs of the community. Each of the gated country clubs provides high quality specialized recreation (golf, tennis, etc.) which may not address all needs of their residents and are not available to the general public. There are a very limited number of available vacant sites for park development. Potential park sites have been identified in subareas 1, 2 and 6. The advantages and constraints of each site will be evaluated in the individual subarea discussions. 4. Bicycle and Golf Cart Paths With special authority from the state legislation, the City of Palm Desert is pursuing a program to promote electric golf cart usage for general transportation on public streets in designated lanes and routes. With nine golf courses within or in the immediate vicinity, there is a high percentage of golf cart ownership in the project area. The city's long range plan links the project area with the system via Hovley Lane East, Warner Trail and California Avenue. These golf cart routes are also serve as bicycle paths linking the area to the city wide master plan. 5. Housing. Within the gated communities, CC&R's and well organized homeowners associations insure housing quality. Palm Desert Country Club is less rigidly organized and is experiencing some property maintenance problems. The Project Area No. 4 preliminary report identified 366 units that are exhibiting deficient conditions or defined as beginning to exhibit signs of deferred maintenance. There 4 RESOLUTION NO. 97-31 were 254 units designated as deteriorated, showing signs of structural problems, sagging roof walls or crumbling foundations, broken windows, electrical hazards, etc. Due to the modest nature of its housing stock, Palm Desert Country Club provides a significant opportunity for the provision of affordable single family housing. The State Housing Law, Redevelopment Law, the General Plan Housing Element and the Redevelopment Plan all require the City and Redevelopment Agency to diligently implement programs to promote housing affordability for low and moderate income families. Twenty percent of the property tax increment generated in the project area must be spent for low/moderate income housing assistance. In addressing the City's and Redevelopment Agency's legal obligations and the real housing needs of the residents of the area, priority shall be given to programs which involve rehabilitation of the existing housing stock and single lot infill construction. Multi-unit housing developments will not be considered for RDA assistance until the rehabilitation and single lot infill goals have been met. 6. Residential and Commercial Property Maintenance. Through adoption of the Property Maintenance Ordinance, Ordinance 801, the City has committed to preserving the quality of both commercial developments and residential neighborhoods. The ordinance will be implemented by a comprehensive city-wide survey to identify " substandard property subject to ordinance. Property will be classified into three categories: a. ""Deteriorated". Property falling significantly below acceptable neighborhood standards clearly subject to abatement. b. "At Risk". Properties marginally at or below acceptable standards but showing a clear trend toward deterioration. C. Property which meets acceptable standards. Based on survey results, deteriorated properties will be prioritized for immediate abatement. Owners and tenants will be notified of the nature of their violations, the abatement process and will be referred to the Redevelopment Agency regarding available assistance programs. City staff will be available to provide technical assistance regarding cost effective solutions to typical maintenance problems. "At risk" property owners would also be contacted informing them of their marginal status and of the availability of financial and technical assistance. 5 RESOLUTION NO. 97-31 Information regarding implementation of property maintenance ordinance shall be made available to the general public via the city newsletter, The Bright Side. 7. Utilities. a. Overhead Power Lines. The area is primarily ser ved with overhead facilities on the major arterials and within Palm Desert Country Club. Service for new subdivisions and the gated country clubs is underground. Some older lines appear to be sagging. While the ultimate goal is to underground all facilities, the costs involved make it a lower overall priority compared to other public improvements. Where funds are available, undergrounding along the arterial roadways will have priority. Undergrounding of neighborhood service lines would be pursued in response to property owner initiated assessment districts. Staff will work with Southern California Edison to identify sagging lines and correct them when possible. b. Wireless Telecommunication Towers. The new wireless telecommunication technology (i.e. PCS Personal Communication Systems) will require installation of antenna towers throughout the city at heights of up to 70 feet. Although the Telecommunication Act passed by the U.S. Congress provides for some degree of local regulation, restrictions cannot have the effect of prohibiting the service. Since current city ordinances do not effectively deal with this issue, a specific telecommunication facility ordinance will be prepared which provides for the least impacting antenna design, heights and location consistent with good service. No towers shall be approved prior to adoption of the ordinance. C. Sewer. Most of the area is served by sewers. City ordinance requires properties to hook up at the time of ownership transfer if sewer lines are available within 200 feet. Palm Desert Country Club Subarea 1 (Robin, Mountain View and Delaware) is not currently served by sewer lines. The ciity's goal is to extend service to all properties in the study area. The one acre lot size in the Robin Road area allows for more effective use of septic tanks and therefore immediate sewer extension is a lower priority. 8. Drainage. (From Preliminary Report for Project Area No. 4 - Rosenow, Spevacek Group). There are existing storm drain facilities within the Project Area that carry surface water runoff away from the Project Area. Surface water generated within the Project Area is collected and emptied into either the Whitewater River Channel which serves as a major stormwater channel for the City and the Coachella Valley, 6 RESOLUTION NO. 97-31 or flow in a northerly direction to vacant property in the City where the water percolates into the ground. The Project Area generally has adequate existing drainage facilities to protect the area from flooding. There are, however, areas of localized flooding that need storm drain improvements to reduce the nuisance flooding condition that occurs periodically. The City of Palm Desert's Public Works Department staff have identified three (3) areas within the Project Area which require storm drains in order to eliminate potential flood hazards. These areas include: (1) Warner Trail from Fred Waring Drive to the Whitewater.Channel; 12) Fred Waring Drive east and west of Warner Trail; and (3) Washington Street from 42nd Avenue north and south as required. More study may be undertaken in order to determine any additional improvements which are needed. Standing water is evident throughout the Project Area, even during dry periods. A master drainage plan is currently being proposed for the Palm Desert Country Club/ ermuda Dunes area which will provide for the construction and funding of required drainage improvements. 9. Police and Fire Protection, The Palm Desert Police and Riverside County Fire officials indicate that the area is currently adequately served by existing facilities. If the city annexes territory to the east or north, additional police and fire facilities might be necessary to serve this expanded responsibility of the city. 7 RESOLUTION NO. 97-31 SPECIFIC AREA ISSUES, POLICIES AND IMPLEMENTATION PROGRAMS SUBAREA 1 Northwest Corner of Washington Street and Fred Waring Drive. Due to the unique rural nature of the one acre lot subdivision in this subarea, a questionnaire was mailed to property owners and residents on Mountain View, Delaware, Robin Road and Latisha to determine their opinions and preferences regarding future development and land use. On October 7 a community meeting was held to further discuss issues of concern to this neighborhood. There was nearly a 50% response to the questionnaire and the meeting was attended by over 30 property owners/residents. The recommendations in this section were strongly influenced by the public input provided by the questionnaire and community meeting. 1. LAND USE: Existing land uses in this subarea include the following: Desert Breezes, a 75 acre 9 plan lanned community with detached single family homes, condominiums and time share units (zoned PR-4, 4 units per gross acres); an area zoned R-1 9,000 (single family 9,000 square foot lot minimum) but divided primarily into one acre lots, to depth of 300 feet, the west side of Washington Street is zoned R-3 2,000 to 4,000 (multifamily with density of 11 to 21 units per acre). There is a small five acre commercial complex at the corner. Nineteen (19) acres directly adjacent north of Desert Breezes is a vacant unsubdivided parcel zoned R-1 9,000 and R-3 2,000. ISSUE I: Zoning Consistency The existing R-1 9,000 zoning is not consistent with the predominant one acre subdivision pattern. Under current zoning, each existing lot could be divided into four parcels significantly changing the rural character of the neighborhood. Several of the existing property owners stable horses which was permitted by the County prior to annexation. The current R-1 zone does not permit horses. POLICY: Zones should reflect the predominant existing land use and subdivision pattern. IMPLEMENTATION: A change of zone shall be initiated for the one acre lot area from R-1 9,000 to RE 40,000 (Estate Residential District) which requires a minimum 40,000 square foot 8 RESOLUTION NO. 97-31 lot size. The RE zone will be amended to provide for the keeping of horses as a permitted use subject to a non-discretionary regulatory permit. The permit process will include specific limitations on the number of animals and conditions under which they are kept. An inspection program will be initiated through the city's animal control program to enforce these restrictions insuring impacts on adjacent properties are minimized. Building setbacks in Section 25.14.080 shall be modified to create a minimum front setback of 30 feet and minimum side yard of 15 feet. Consideration shall be given to expanded home occupations which are compatible with the rural nature of the area as a conditional use. ISSUE II: Second Senior Units As required by State law the Palm Desert Zoning Ordinance Chapter 25.21 provides for the development of a second senior unit "granny flat" in single family zones. That ordinance requires the second unit to be attached to the primary residence. While this requirement makes sense on the typical 10,000 square foot lot, it is not a logical restriction for lots over 40,000 square feet. POLICY: Large estate lots are a logical location for the development of limited second senior units. IMPLEMENTATION: The RE zone shall be amended adding Second Unit Senior Housing as described in Chapter 25.21 to the list of conditional uses and providing an exception which allows units to be detached with gross floor area limited to 50% of the primary dwelling, not to exceed 800 square feet. ISSUE III: Washington Street Frontage To a depth of 300 feet, the Washington Street frontage is zoned for multifamily use. The increasing traffic on Washington Street raises questions concerning the ultimate compatibility and economic viability of small scale multifamily development in this area. In the area there is currently a mixture of uses including offices, a church, school and residential apartments. At the north end near Dudley Drive, there are a number of land locked parcels (including a lot zoned R-1 9,000) which are only 9 RESOLUTION NO. 97-31 accessible via easements to Washington Street (see issue IV). Other than the frontage associated with the 19.5 acre parcel discussed below, there is only one vacant lot with direct Washington Street frontage. POLICY: Land use policy and zoning should encourage uses which are compatible with the high traffic intensity on Washington and the low intensity residential uses to the west. Professional office zones have been shown to provide effective buffer uses between high traffic corridors and low density residential neighborhoods. All the existing developed uses appear to be compatible and should be allowed to continue with full legal conforming status. IMPLEMENTATION: With the exception of the area described in issue III, initiate change of zone for the Washington Street Frontage from R-3 to O.P. The legal conformance process described in Section 25.76.075 of the Zoning Ordinance shall be amended to include multifamily uses in the office professional (O.P.) zone where a finding of compatibility can be made. ISSUE IV: 19.5 acre vacant parcel north of Desert Breezes Property is currently zoned R-1 9,000 and R-3 2,000 (see above discussion). Surrounding property owners have expressed concern about compatibility of the ultimate development of the site. R-1 9,000 translates out to approximately 3.5 units/acre. The R-3 2,000 produces 21 units/acre. Total development p potential of the site under current zoning would be 55 single family homes and 99 apartments. Adjacent land uses include an arterial roadway, Desert Breezes at four units/acre and the Robin Road area with one acre lots and one acre lots backing from Mountain View. POLICY: Land use zoning designations should attempt to be compatible with all adjacent land uses. 10 i RESOLUTION NO. 97-31 IMPLEMENTATION: OPTION 1: Rezone Washington Street frontage from R-3 2,000 to R-1 9,000, Maintain balance of property R-1 9,000. Public access to this area shall be from Washington Street. A cul-de-sac shall be created at the end of Robin Road with an emergency vehicle gated access serving both Robin Road and the new subdivision. OPTION 2: Consider redesignation to open space and public acquisition as a neighborhood park (see park discussion). ISSUE V: Dudley Drive Area Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well maintained home on a 1 .66 acre estate lot behind the apartment complex. The residential parcels are isolated from Palm Desert Country Club by an 8-10 foot block wall and only have access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. The existing block wall inherently provides a significant sound and visual buffer. POLICY: Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the General Plan Land Use Designation for this area be changed to Professional Office. 11 RESOLUTION NO. 97 • IMPLEMENTATION: The area including the isolated parcel shall be rezoned to Office Professional contingent on the understanding that any office development precise plan includes all vacant properties and demonstrates compatibility with existing adjacent land uses. Depending upon the design of any proposed office precise plan, the Planning Commission shall consider the following conditions of approval as requested by adjacent homeowners on Cardiff and Brighton Streets. 1 . There be at least a 20-foot vegetation zone between residential property lines and any commercial buildings planted with 36 inch boxed (minimum) trees planted 20 feet on center. 2. Any lighting provided by any commercial buildings face away from residential property. 3. Any refuse containers be a minimum of 100 feet from residential property and not be serviced before 7:00 a.m. 4. Project grading shall not raise grade relative to perimeter wall more than is absolutely necessary to drain property. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE I: Left turn access from Desert Breezes to Fred Waring Drive Traffic levels on Fred Waring have made it increasingly difficult and dangerous to left- turn exit from Desert Breezes to eastbound Fred Waring. The large Southwest Community Church facility on the south side of Fred Waring has been designed with its main entrance aligned with the Desert Breezes entrance. POLICY: If justified by traffic volume warrants or accident history, left turn access from side streets to major arterials shall be controlled via signals or prohibited by median control structures which allow only left turn entrance but only right turn exit. 12 i RESOLUTION NO. 97-31 IMPLEMENTATION: 1 . Conduct warrant study of existing conditions and forecast potential increase for Southwest Community Church to determine feasibility of a signal. 2. Discuss issue with the County and church to determine funding sources. ISSUE II: Multiple left turn access to northbound Washington Street As is the case with Fred Waring Drive, left turn access to Washington is becoming more difficult and dangerous. POLICY: Control left turn exits where traffic levels and accident data warrants. IMPLEMENTATION: 1 . Conduct studies of accident history. 2. In cooperation with the County, design median structures to control left turn exits. ISSUE III: Completion of road improvements for Delaware, Mountain View and Latisha This one acre lot subdivision was originally developed without paved streets. In 1989 Robin Road was paved with curb and gutter pursuant to a County assessment district. Delaware, Mountain View and Latisha will be paved through a South Coast Air Quality Management District PM10 grant. The grant will not include concrete curb or gutter (asphalt curb will be constructed). These streets cut through from Washington to Warner Trial. As congestion at the Washington/Fred Waring intersection increases, these newly paved streets will provide a convenient short cut to westbound Fred Waring via Warner Trail: 13 RESOLUTION NO. 97-31 • • POLICY: 1 . Public streets shall be ultimately improved to city standards including curb and gutter. 2. Local streets shall be designed to discourage non-local through traffic. IMPLEMENTATION: 1. With the exception of emergency vehicle access, Delaware Place and Mountain View shall be closed to auto traffic 300 feet west of Washington Street prior to the completion of the paving project. 2. Completion of full road improvements including curb and gutter shall be a lower priority and deferred until funding sources become available. ISSUE IV: Street lighting at Fred WaringfWashington intersection (Currently there is no street lighting at the intersection of Washington and Fred Waring Drive) POLICY: All arterial intersections should include traffic safety lighting. IMPLEMENTATION: The City shall coordinate with the County and La Quinta for planning, engineering, funding and installation of safety street lighting at Fred Waring and Washington Street. III. PARKS ISSUE I: The area is not served by any public parks The 19.5 acres vacant site north of Desert Breezes is one of the few large vacant parcels in the study area and provides significant opportunities for recreational development. It is large enough to accommodate a wide variety of facilities designed for all age categories with ample parking. The front 300 feet adjacent to Washington Street could be developed with relatively intensive uses without adversely impacting adjacent properties. The balance of the site would require careful design to address 14 RESOLUTION NO. 97-31 noise, lighting and security concerns of residents of Desert Breezes, Robin Road and F Mountain View. While primary access to the park would be from Washington Street, a secondary entrance should also be developed to provide direct access via the interior local street system. A one acre parcel on Mountain View owned by the Coachella Valley Water District may be available as access. POLICY: All areas shall have convenient access to neighborhood parks designed to meet the specific needs of the residents. kk IMPLEMENTATION: f Establish a neighborhood recreation advisory subcommittee reporting to the Project Area 4 Committee and the Parks and Recreation Commission to determine recreation needs and analyze prospective park sites including the 19.5 acre parcel. Emphasis would be placed on the development adjacent to the Washington Street frontage. If the 19 acre site is determined to be the best alternative, design and y funding mechanisms would be created to develop and maintain the facility. Since the l site is easily accessible by residents of La Quinta and Indian Wells, joint funding of the facility should be pursued with these cities. HOUSING: By their nature, the one acre parcels do not lend themselves to affordable housing. The primary issue in the area will be to maintain housing quality. POLICY: Through adoption of the Property Maintenance Ordinance the City has committed to preservation of neighborhood quality and improvement of substandard conditions. IMPLEMENTATION: A designated code enforcement officer will identify violations of the Property Maintenance Ordinance and pursue enforcement. See general discussion for implementation strategy. 15 RESOLUTION NO. 97-31 SUBAREA 2 Palm Desert Country Club The Palm Desert Country Club was developed in the 1960's and 1970's as an ungated, public street senior citizen planned residential community. It includes a 27 hole privately owned full length golf course and a homeowners association community cente r. The development is predominately comprised of modest two and three bedroom single family homes, many of which back out onto the golf course. I. LAND USE: The country club is built-out with relatively homogeneous single family homes on 6,000 square foot lots. The current R-1 9,000 zoning requires minimum 9,000 square foot lots in new subdivisions. Commercial development is confined to the southwest Hovley Lane East/Washington Street intersection and Avenue of the States. Multifamily apartments are located in discreet areas on Michigan Avenue, California Avenue and Washington Street. In general, significant land use conflicts are rare. 11. TRAFFIC/CIRCULATION: ISSUE: Speed Control The circulation system for Palm Desert Country Club was designed with long intersecting through streets which have a tendency to encourage speeds in excess of the limit. Speeding problems have been observed on Warner Trail, California and New York/Virginia. POLICY: Given the existing street pattern, there are few effective strategies for lowering speeds other than enforcement. Stop signs which are not justified by cross traffic increase noise, exhaust emission levels, do not significantly reduce overall speed levels, and foster disrespect for traffic laws. IMPLEMENTATION: 1 . City Engineer shall identify intersections where traffic volumes warrant stop signs. 2. Speed studies shall be conducted to identify priority streets for enforcement. 16 RESOLUTION NO. 97-31 ISSUE: Street Lighting i Extensive street lighting was installed throughout the Palm Desert Country Club by the original developer. The lights are maintained through a lighting and landscape maintenance district. ISSUE: Street Repairs ) Most of the local streets within Palm Desert Country Club are generally over 20 years old and are in need of repair. The original construction specifications and roll curbs and gutters do not comply with current city standards. POLICY: To the greatest extent feasible, street surfaces shall be brought up to city standards. Although the roll curbs do not meet current city standards, their replacement should not be a high priority. IMPLEMENTATION: A comprehensive street condition study shall be conducted by the Department of Public Works as part of their PMS (pavement maintenance system) program, resulting in a priority schedule for street repairs. Depending on condition, street will be designated for slurry seal, resurfacing or reconstruction. ISSUE: Fred Waring Drive Parkway Improvements With the exception of 1,000 feet of new sidewalk between Warner Trail and Elkhorn Trail, the one mile of parkway between Warner Trail and California is devoid of improvements or maintenance other then weed abatement.. The rear walls of adjacent homes are inconsistent in terms of material, design and condition. In general, the parkway presents an unacceptable public image for the'city and project area along this important arterial. POLICY: All public arterial parkways shall be brought up to current design standards including sidewalks and drought tolerant landscaping and attractive perimeter walls. 17 1 RESOLUTION NO. 97-31 IMPLEMENTATION: 1 . Initiate the design process for parkway landscaping including alternatives to economically integrate the existing walls. 2. Investigate possible funding sources for construction and maintenance including community development block grants and assessment districts. 3. Fence provisions of the property maintenance ordinance shall be enforced where appropriate. 4. Wall and landscape plan shall be designed to discourage graffiti. Graffiti abatement program shall utilize paint to consistently match original wall color. Ill. PARKS: ISSUE: The area is not currently served by a neighborhood park. The nearest city park facility is at Magnesia Falls and Portola, nearly four miles away. There is a 4.5 acre recreation facility owned and operated by the Palm Desert Country Club Association on California at Avenue of the States, containing two swimming pools, spa, 8,000 square foot building complex, rose garden and parking lot. The. facility is primarily oriented towards senior citizens and is under utilized. There are virtually no facilities for children or young adults. Negotiations between the City and the Association concerning acquisition and development of a public park and recreation facility on the site were not successful. There remains some opportunity for City/Association cooperation to improve and expand this facility. Through redesign of the excessively large parking lot and utilization of vacant areas adjacent to the rose garden, additional facilities could be added to significantly increase the public recreational value to the project area. POLICY: Priority shall be given to developing a neighborhood park accessible to and meeting the broad recreational needs of the Palm Desert Country Club residents. IMPLEMENTATION: City and Recreation and Park District staff shall prepare conceptual plans and evaluate the advantages of sites in the specific plan area for presentation to the Parks and Recreation Committee and Project Area 4 Recreation Subcommittee. Depending 18 . 1 RESOLUTION NO. 97-31 on the results of that evaluation, the respective property owners would be contacted concerning the availability and terms for use of their properties. i HOUSING: The area is predominately developed with modest single family detached homes built in the 1960's and 70's. While the majority are well maintained, a growing number are falling into disrepair, through neglect, foreclosure or abandonment. The majority of the 610 deficient or deteriorated units identified in the Project Area No. 4 Preliminary Report were in this subarea. Less than 40% of the units in the area are owner occupied. This high incidence of absentee ownership may contribute to the growing property maintenance problem. The subarea also includes two older apartment complexes located on Michigan Drive between Idaho and Warner Trail and on California and Elkhorn Trail. These projects serve primarily low and very low income households. The area, which is substantially built out, contains scattered vacant single family lots. POLICY: Through the General Plan Housing Element, Property Maintenance Ordinance and Redevelopment Plan, the city is committed to preserving housing quality and affordability. The modest nature of the housing stock in Palm Desert Country Club provides a unique opportunity to advance both of these goals. IMPLEMENTATION: A. A comprehensive survey shall be conducted to locate vacant lots and deteriorated units and identify the occupancy circumstances (i.e. owner occupied, renter, vacant, abandoned, for sale, foreclosure, etc.). Depending on individual circumstances properties will be evaluated for inclusion in the city's RDA's affordable housing program which may include: 1 . Rehabilitation loans for existing low/moderate income owner occupied units. 2. Rehabilitation loans for rental properties when owners commit to low/moderate income rental restrictions. 3. Self-help rehabilitation where RDA purchases deteriorated property, contracts with nonprofit housing corporation to supervise low income home buyers in the rehabilitation of their own homes. 19 RESOLUTION NO. 97-31 4. Self-help new infill construction. As a secondary priority vacant infill parcels would be purchased by the RDA and developed through a nonprofit self-help housing program. B. The existing multifamily projects shall be periodically monitored to insure they provide a quality residential environment and to determine if conditions warrant public intervention or if opportunities exist for inclusion in the city's affordable housing program. SUBAREA 3 Hovley Lane East This subarea includes only the east-west arterial (formerly 42nd Avenue) which bisects the study area and extends from Cook Street to Washington Avenue. The portion east of Oasis was developed as part of Palm Desert Country Club in the 1960's. The street did not become a functioning uninterrupted arterial until the section between Eldorado Drive and Oasis were completed in 1995 in connection with the development of Indian Ridge Country Club. What had been a relatively quiet access for the adjacent country clubs was transformed into a major east-west alternative to Country Club Drive. 1. TRAFFIC/CIRCULATION/RIGHT OF WAY IMPROVEMENTS ISSUE: Speed Control The low level of cross traffic on this arrow straight arterial tends to encourage speeding. POLICY: Targeted enforcement of the posted speed limit shall be the"primary strategy for controlling excessive speed. ISSUE: Now that Hovley Lane East has been transformed from a quiet back street to a major arterial, the increasing speed and volume dictate significant design changes, resurfacing and reconstruction of the older portion of the roadway. The south side parkway is undeveloped. Perimeter block walls between Idaho Street and Warner Trail are crumbling and painted with mismatched colors as a result of graffiti abatement. Between Warner 20 i I RESOLUTION NO. 97-31 Trail and Kansas Street walls are a disorganized combination of block and wood in varying stages of deterioration. Since country club maintenance workers are not allowed to park within the clubs, they are to park outside the gates on Hovley. On the south side, workers currently drive over the curb and park in the dirt parkway. On the north they park adjacent to the club entrance creating sight obstructions for residents turning onto Hovley. POLICY: The upgrading of Hovley Lane East shall have first priority for Redevelopment Agency funding. All road improvements designs in the area shall be submitted to the Project Area Committee for review and comment at earliest stage and shall take into account the ultimate design goals for the roadway. IMPLEMENTATION: 1 . Left/Right Turns. Lane striping shall include a center turn lane to facilitate both entrance to and exits from side streets. 2. Where feasible right turn deceleration lanes shall be included. 3. Since Hovley Lane East is the designated golf cart/bike lane access to the ' study area, it is important to provide for these facilities in the reconstruction design. 4. Reconstruction plan shall provide for ultimate parkway landscaping and sidewalks including a program to encourage a unified perimeter wall design f between Idaho Street and Kansas Street. Program would involve financing mechanisms and enforcement of the wall maintenance requirements of the property maintenance ordinance. The ultimate goal shall be an attractive, low maintenance wall and landscape plan designed to discourage graffiti. Anti- graffiti wall coatings shall be utilized to avoid the mismatched paint problem which currently exists. 5. The country club associations shall be encouraged to provide on-site parking facilities for their maintenance employees. Curbs shall be painted red adjacent to country club entrances and side streets prohibiting parking and providing for improved visibility and deceleration/acceleration lanes. k 21 RESOLUTION NO. 97-31 6. The city shall work with the City of Indian Wells and Sunrise Company to complete the mile long south half-street between Oasis Country Club and the Coachella Valley Water District facilities. SUBAREA 4 Southwest corner of Washington Street/Country Club Drive The 160 acres at the southwest corner of Country Club Drive and Washington Street contain a collection of uses including a gated single family subdivision (Whitehawk), a manufactured housing subdivision (Golden Sun Estates), a partially developed 20 acre commercial center, timeshare development currently operated as an extended stay hotel (Sun Dunes Villas), and two apartment complexes (Royal Palms and Desert Oasis). I. LAND USE: Current development in the area is in general conformance with designated land uses. With the south half of the Whitehawk subdivision currently under construction the only remaining vacant land in the subarea includes seven acres of PC-2 District Commercial property at the comer and 34,000 square feet at the east side of Desert Dunes Villas facing Washington Street. ISSUE I: The seven acres of vacant property associated with the corner commercial center was originally approved as a supermarket site. There has been no interest to develop and market from any of the major supermarket chains. Being adjacent to the redesigned Washington Street/1-10 freeway interchange, the corner is under consideration for designation as yet to be created: Freeway Commercial Zone. This zone would be designed for freeway-oriented traffic and could include provisions allowing drive-through fast food restaurants, gas stations closer than 500 feet apart and high quality tourist serving facilities. - POLICY: Land use designation should encourage commercial development oriented to freeway offramp traffic but consistent with Palm Desert's image and quality design philosophy. Gas station site plans shall. incorporate reverse orientation where associated buildings occupy street frontage and fueling aisles face inward. IMPLEMENTATION: Designate corner Freeway Commercial Zone. 22 RESOLUTION NO. 97-31 ISSUE II: f Directly south of the commercial corner, Sun Dunes Villas is a 48 unit complex originally developed as a timeshare project but what is now managed as an extended I stay hotel. The units are all at least 400 square feet and all contain kitchens. Minimum stay is one week with many guests staying 3-4 months. The owners wish to add more units on the 34,000 square foot vacant area fronting Washington. The existing R-3 multifamily zone on the property permits 18 units per acre allowing approximately 120 units on the five acre site. The existing project density is ten hotel units per acre. The proposed expansion which could include a general upgrading of the entire property is well within zoning limits. POLICY: Older hotels should be encouraged to update their facilities and expand to the extent necessary for economic viability. IMPLEMENTATION: None Required. HOUSING: The subarea contains a wide variety of housing types catering to a broad range of incomes. The properties appear well managed and maintained. POLICY/IMPLEMENTATION: Existing projects will be monitored to insure continued quality and to identify opportunities for inclusion in the city's affordable housing program. SUBAREA 5 Country Clubs This subarea includes four gated country clubs of which Woodhaven, Oasis and Palm Desert Resort are complete. Indian Ridge Country Club has completed approximately one third of their 1280 approved units. 1 i 1. LAND USE: 4 All the country clubs have been developed pursuant to unified plans and are consistent with city zoning. Internally, homeowners associations regulate and maintain the property quality through their HOA fees and CC&Rs. } 23 iY I RESOLUTION NO. 97-31 ISSUE: The main external impact of country club activities is their practice of restricting service and construction worker vehicle access through their gates. As a result, street parking problems often occur adjacent to their rear entrances. This is a particular problem on Hovley East at the Woodhaven entrance where employee cars have historically driven over the roll curb on the south side of the street and park in the parkway. POLICY: Gated communities shall be encouraged or required where possible to provide on-site parking for construction/maintenance workers. IMPLEMENTATION: City staff shall work with the respective homeowners associations to develop mutually acceptable parking solutions. 11. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE: Woodhaven left turn access to Washington Street. Increasing traffic on Washington Street has made left turn exits increasingly difficult. . POLICY: Unless strict traffic warrants can be met the preferred solution.to side street access to major arterials is median island left turn control versus traffic signals. These median structures typically permit left turn entrance but only right turn exit. IMPLEMENTATION: The City Traffic Engineer shall monitor traffic volumes and accident records and determine appropriate left turn control alternatives . in consultation with the Woodhaven Homeowners Association. 24 RESOLUTION NO. 97-31 i ISSUE: Lack of parkway landscaping on the west and south side of Palm Desert Resort Country Club i When the Palm Desert Resort Country Club was developed in the late 1970's and 1980's there were no provisions within the County conditions of approval for parkway landscaping on the west and south sides, (Oasis Country Drive which didn't now Ho vle East). While the developer was required to exist and 42nd Avenue, Y � construct the Oasis half street it was believed that the blowsand impacts from the vacant Indian Ridge site made landscaping impractical to maintain. In 1985 and 1987 the developer approached the Palm Desert Resorter Association with offers to install parkway landscaping if the association would provide maintenance. These offers were not accepted. i POLICY: All residential projects within the city are required to install and maintain parkway landscaping either through their association or a lighting and landscaping maintenance assessment district. IMPLEMENTATION: The City/RDA staff shall -initiate discussions with the Palm Desert Resorter Association to investigate available financing alternatives to facilitate installation and maintenance of parkway landscaping. SUBAREA 6 North Side Country Club Although not within the redevelopment project area, the north side of Country Club Drive between Washington Street and Tamarisk Row Drive is functionally a part of the East Palm Desert planning area. It also contains the last large undeveloped residential and commercial properties in the study area. 1. LAND USE: ISSUE I: Land use of 115 acre vacant parcel at northeast comer of Country Club Drive and Tamarisk Row Drive The property is currently zoned R-1 12,000 which was consistent with the County zoning at annexation. A noise study on the property conducted in 1989 concluded that combined noise exposure from 1-10 traffic and the railroad in excess of 65 db 25 I RESOLUTION NO. 97-31 CNEL extended 910 feet from the tracks and 2100 feet at 60 db CNEL. Due to atmospheric conditions, noise levels did not decrease significantly at night. Maximum acceptable noise levels for residential areas identified in the Palm Desert Municipal Code Section 9.24.030 are 55 dba daytime (7:00 a.m. to 10:00 p.m.) and 45 dba night time (10:00 P.M. to 7:00 a.m.). The 60 dba contour measured from Country Club Drive extended 200 feet into the property in 1989 and as a result of increased traffic would extend 296 feet in the year 2000. In 1990, the property owner requested a County Comprehensive General Plan Amendment and Change of Zone from single family residential to Industrial Park. Although the noise levels for the entire site identified in the project EIR exceeded residential standards the application was denied due to incompatibility with adjacent residential uses, traffic and other unmitigated environmental impacts. Later in 1990, the property owner filed a pre-annexation zoning application with the City for a similar industrial/professional office designation. Due to opposition from surrounding residential uses, the request was denied, annexed as R-1 12,000 and remains vacant. In a similar location adjacent to the tracks and 1-10 east of Portola, a preliminary noise study indicated the necessity for a continuous 18 foot high masonry sound wall to reduce the existing noise level to the residential standard. POLICY: Permitted land uses should be compatible with both the physical conditions of the site and surrounding land uses. The zoning on the property should allow uses along the railroad tracks which are compatible with the high noise environment and which act to economically mitigate existing impacts for the southern half of the property. IMPLEMENTATION: The northern 500-600 feet of the property shall be redesignated for an industrial use either Service Industrial (SO or Planned Industrial (PI). The balance of the property would be designated R-1 (8,000 or 12,000). This design would permit noise tolerant uses adjacent to the railroad tracks which would ultimately serve as noise mitigation for the residential zone. The industrial park or service industrial subdivision design would provide for building pads which create a continuous 18 foot high sound barrier. Ideally, primary access to this area could be provided through the existing industrial/office park to the east. Emergency access could be provided from Tamarisk Row Drive. 26 RESOLUTION NO. 97-31 ISSUE II: Commercial property at northwest corner Country Club/1Nashington. The northwest corner of Country Club Drive and Washington includes approximately 25 acres of vacant land zoned Planned District Commercial (PC-2), five acres at the corner and 20 acres west along Country Club. The completion of the redesigned Washington/1- 10 interchange has stimulated development interest from business oriented to freeway traffic. Specifically these include fast food restaurants (with drive throughs) and gas station/convenience stores. Of primary concern to these businesses is visibility to freeway traffic. Each of these features common to freeway oriented developments are at odds with specific prohibitions with the city's zoning ordinance. All commercial zones prohibit drive through restaurants. Section 25.56.330 requires a 500 foot minimum distance between gas stations, effectively limiting an intersection to one station. Since a Mobile station is already on the southwest corner a gas station could not locate on the northwest corner. The current sign code limits freestanding signage to ten feet which is insufficient for freeway visibility. POLICY: Zoning requirements and restrictions should allow for the unique requirements of freeway oriented businesses. IMPLEMENTATION: A Freeway Commercial zone shall be created and added to the City Zoning Ordinance. Areas adjacent or within the immediate vicinity of freeway off-ramps shall be re-designated to this new zone. 11. PARKS: ISSUE I: This subarea's large vacant parcel represents the last opportunity to develop a significant regional recreational facility in eastern Palm Desert POLICY: While a regional facility may ultimately be appropriate for this area, other recreation projects dictate that it be a lower priority. IMPLEMENTATION: Feasibility of inclusion of a recreational facility shall be considered in conjunction with any future development proposed for the property. 27 RESOLUTION NO. 97-31 EXHIBIT B VICINITY MAP y w 1 COOK STREET o � 21 z y a c� W A914 MN ftl RTRFFT 28 RESOLUTION NO. 97-31 LAND USE :r�l- - • Hovley lane i ►C : ,. . ,::., . . . . . . . ..,: . . . LEGEND . • Residential Study Zone :f: •.. - . :::.•.•: _ .-lr�.....- To ;;f>>�n_; ?••:-•: �1�:: :: • Office Professional .. Very Low Res. 1 -3 Du/Ac • � Low, nsity Res. • 3- u/Ac • 11 �:= 'tt-"r �� •:::•' •'• Office Professional •�••�_1 It•e,• . .:7 ---iI Fred Waring Drive 29 RESOLUTION NO. 97-31 , EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: GPA 97-1, The Project Area 4 Specific Plan APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: The Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP OREL DATE DIRECTOR OF COMMUNITY DEVELOPMENT Am 30 PLANNING COMMISSION RESOLUTION NO. 1795 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON NOES: NONE ABSENT: FERNANDEZ ABSTAIN: NONE ?AMES001 N, Chairperson A.-- ESIAJJ PHILIP DRELL, Secretary City of Palm Desert, California f 2 4 - -- -- Office Professional P.C.—(2) OZ. W . to (} R-E40,000 :, �. NO -:iltp4Nf :t Y. '�,Cv.!Y.�:. !1>h' 6 /. -• ' .`:}: .:�. %LTC :4: r�•4 � +�yy.�� .l ;:�y. >� � fir.�� :� _ _ •C.• L n ':::::•• i� O W 1 :`.:• ,::�:- 'Remains: ,,;: Ulu lY 60M1.U-NO-/1!1 •� ••••••�•••••Nu_t O i IT�7 ,I - � ��l` ':. :� � -r-_him C�K'• 1 1. P.R.-a It //1\V mil%i 1� yl 'R-34,000'to • ob R 3 ; �� •trice Professional NORTH _''-----� ---- _- ; U'Sr l� M1Y.01ltN ,r•1!r ^�^ CITY OF PALM DESERT Case No. PLANNING COMMISSION RESOLUTION NO . ,`� �� U O0 0 0CT Date l PLANNING COMMISSION RESOLUTION NO. 1795 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. i NEGATIVE DECLARATION CASE NO: C/Z 97-3 APPLICANT/PROJECT SPONSOR: City of Palm Desert { PROJECT DESCRIPTION/LOCATION: A change of zone which implements recommendation of the Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities;-'zoning, and land use policies for approximately 2260 acres defined as I Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, I has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. f 1 ar - 8 1997 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm I 4 I PLANNING COMMISSION RESOLUTION NO. 1796 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE DISTRICT) AND 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. CASE NOS. ZOA 97-2 AND ZOA 97-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1997, hold a duly noticed public hearing to consider amendment to Chapter 25.14 and 25.76 of the Palm Desert Zoning Ordinance; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 3 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify its action as described below: 1 . That the zoning ordinance amendments are consistent with the overall objectives of the zoning ordinance. 2. That the zoning ordinance amendments are consistent with the objectives of the adopted General Plan and implement recommendations of the Project Area 4 Specific Plan. 3. That the zoning ordinance amendments would better serve the public health, safety, and general welfare than the current regulations. 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 consideration of the commission in this case. 2. That it does hereby recommend to city council approval Zoning Ordinance Amendments 97-2 and 97-3, as provided in the attached exhibit, labeled Exhibits "A" and "B". i PLANNING COMMISSION RESOLUTION NO. 1796 PASSED, APPROVED AND ADOPTED by the Palm Desert Planning Commission this 18th day of March, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON NOES: NONE ABSENT: FERNANDEZ ABSTAIN: NONE i JAMES T RGUSON, Chairperson ATTEST: PHILIP DRELL Secretary Palm Desert P anning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1796 EXHIBIT "A" RE RESIDENTIAL ESTATE DISTRICT 25.14.020 Principal uses and structures permitted. The following are permitted uses in any RE district: A. Accessory buildings, uses, and structures; B. Domestic animals; C. Guest dwelling; D. Home occupations subject to the provisions of Chapter 25.66 as modified by 25.14.041; E. One single-family dwelling per lot; F. Public parks and recreational facilities; G. Servant quarters; H. Private greenhouses and horticultural collections; I. Temporary uses as prescribed in Chapter 25.64. (Ord. 120 ss 1 (part), 1976: Ord. 94 ss 1 (part), 1975: Exhibit A ss 25.9-2) 25.14.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Churches, convents, monasteries and other religious institutions; B. Day nurseries and nursery schools; C. Fire stations; D. Public educational institutions; E. Public utility and public service facilities; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; H. Stables for boarding horses; and I. Second unit senior housing subject to the provisions of Chapter 25.21 as modified by 25.14.043 (Ord. 94 ss 1 (part), 1975:Exhibit A ss 25.9-3) 25.14.041 Home occupations exception. A. Home occupations or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet; B. It shall be unlawful to park or store any commercial vehicles on the property with the exception of one pickup truck or van of 1 %: tons or less. 3 RE RESIDENTIAL ESTATE DISTRICT C. One (1) employee may park his/her vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. 25.14.042 Horses. Horses may be maintained in the RE zone subject to obtaining a permit approved by the Director of Community Development and the following restriction and requirements: A. A maximum of two (2) horses over the age of nine (9) months shall be permitted on a lot 40,000 square feet or larger (total number of horses of all ages shall not exceed four (4); B. Horses must be kept within a corral and enclosed stable of the following minimum dimensions: 1 . Corral: Two hundred eighty-eight (288) square feet per horse; minimum dimensions of twelve 0 2) feet by twenty-four (24) feet, one third is shaded. 2. Stable: One hundred forty-four (144) square feet, minimum dimension twelve (12) feet by twelve (12) feet per horse. Stable shall be adequately ventilated. C. Barns, corrals or stables constructed to maintain horses shall be located not less than thirty-five (35) feetfrom any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties; D. Animal manure shall be stored in water tight receptacles and properly disposed of not less than once per week; and E. Barns, corrals or stables shall be cleaned and maintained such that dust, flies and odors shall not be detectable from adjacent properties and not less than once per week. 25.14.043 Second unit senior housing. The second unit may be detached. Floor area shall not exceed 50% of the primary dwelling. 25.14.080 Development standards for one gross acre lots or less, but at least forty thousand square feet net size. All development on lots of one gross acre in size, at least forty thousand square feet net size, as shown on the zoning map, shall comply with the following minimum development standards: A. Minimum lot area shall be forty thousand square feet (net size) as determined by the city council and indicated on the zoning map; B. Minimum front yard 30 feet; C. Minimum lot width, one hundred fifty feet; D. Minimum lot depth, two hundred feet; E. Minimum rear yard, fifty feet; 4 RE RESIDENTIAL ESTATE DISTRICT F. Minimum side yards, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56,320 shall be not less than two thousand square feet for all lots at least forty thousand square feet net size; H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be as approved by the planning commission as part of their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979) 5 i RE RESIDENTIAL ESTATE DISTRICT k EXHIBIT "B" NONCONFORMING LOTS, BUILDINGS AND USES I 25.76.075 Conforming process for legal nonconforming residential uses in residential and office professional zones Legal nonconforming residential uses in R-1 , R-2, R-3 and OF zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The architectural commission shall receive and review applications for eview the architectural commission may require conforming status. As part of their r significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the architectural commission may be appealed to the city council. f 1 i 6 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: March 18, 1997 CASE NOS: GPA 97-1 , C/Z 97-3, ZOA 97-2 and ZOA 97-3 REQUEST: Approval of 1) A Negative Declaration of Environmental Impact; 2) Project Area 4 Specific Plan; 3) Change of zone implementing recommendations of the Specific Plan; and 4) Amendments to Chapter 25.14 of the Zoning Ordinance for the RE (Residential Estate Zone) and Chapter 25.76 for Nonconforming Lots, Buildings and Uses as recommended by the Specific Plan. APPLICANT: City of Palm Desert I. BACKGROUND: When the Palm Desert Country Club and surrounding areas were annexed in 1994, the City adopted zoning equivalent to the existing County designations with the understanding that we would undertake a comprehensive study of the area to determine where changes were appropriate. A Project Area/Specific Plan citizens advisory committee with representatives from each neighborhood was formed in October of 1995 to work with the City and RDA staff to create a Specific Plan identifying public improvements and service priorities, land use and zoning policies for the area. The attached Specific Plan is a result of monthly meetings over the last 18 months. The Plan divides the study area into six subareas. Within each subarea specific issues were identified and discussed leading to general policies and implementation measures. A. LAND USE AND ZONE CHANGE SUMMARY: The only area identified for land use and zone change involves subarea 1 at the northwest corner of Washington Street and Fred Waring Drive north to Dudley Drive and west to Warner Trail. The changes are designed to better reflect the existing land use and subdivision patterns. STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 These changes include: 1 . Directly at the Washington Street/Fred Waring Drive intersection, designations are being changed from multifamily residential to office professional to reflect the existing commercial office use of the property. 2. One acre parcels on Robin Road, Mountain View and Delaware are being redesignated from low density, R-1 9,000 to very low RE 40,000 consistent with the existing subdivision pattern. 3. Property along Washington Street directly north of Desert Breezes is being redesignated from multifamily to low density R-1 9,000 consistent with the adjacent parcel. 4. The Washington Street frontage at Mountain View north to Dudley is to be reclassified from High Density Multifamily R-3 2000 to Office Professional. 5. Dudley Drive Area. Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well-maintained home on a. 1 .66 acre estate lot behind the apartment complex. The residential parcels are isolated from Palm Desert Country Club by a ten- foot block wall and only has access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has requested professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. 2 I STAFF REPORT GPA 97-1 , C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the Specific Plan Land Use Designation for this area be changed to Professional Office. In regards to the isolated lot currently zoned R-1 9,000, the issue is further complicated by an apparent error on the County zoning map adopted by the City in 1994. The County had previously approved an apartment project which included this parcel which indicates its zoning to be the R-3 2,000. Due to the configuration of existing land uses and vacant parcels, the zone change to Office Professional (O.P.) should not be processed until a unified precise plan of design is submitted by the property owner showing how an office development will relate to existing adjacent uses. In the absence of a zone change to O.P., the property owner has requested a change for the isolated R-1 parcel to R-3 2,000 consistent with adjacent existing zoning, 6. In subarea 6 north of Country Club, a 115-acre vacant parcel is currently dual designated in the General Plan as low density residential/service industrial. While this designation will not change at this time, the Specific Plan.would establish as a matter of policy that within the dual designation the northerly 500 feet of the property would be appropriate for industrial use due the severe noise impacts generated by the railroad. The low density residential (3-5 du/ac) would be appropriate on the southerly portion of the property. It is recommended that actual location of zoning boundaries would be deferred until a precise plan' of design is proposed for the respective uses. B. ZOA 97-2 - AMENDMENT TO RE RESIDENTIAL ESTATE DISTRICT. The one acre parcels being proposed for rezoning will be the only area of the City under the RE regulations. Property owners in the area participated in a public meeting with members of the Project Area 4 Committee and staff to discuss how.the RE zone could be amended to better fit the existing rural character of the area. 3 i STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 The proposed amendments are the result of input from that meeting. These include: 1 . Addition of private greenhouses and horticultural collection to the list of permitted uses. 2. Minor exceptions to the Home Occupation requirements allowing use of i an accessory structure, a 1 '/2 ton commercial vehicle and one employee. 3. Provision to allow the keeping of horses. 4. Establishing a 30-foot front building setback and 15 foot minimum side yard. C. ZOA 197-3 - AMENDMENT TO CHAPTER 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. As a result of the proposed rezoning from Multifamily Residential to Office Professional on Washington Street some existing apartment complexes will become legal nonconforming under Chapter 25.76.050. While legal nonconforming uses can be maintained, they cannot be replaced if they are more than 50% destroyed. This non replacement clause prevents owners from obtaining financing. Section 25.76.075 provides a process by which nonconforming residential uses in residential zones can achieve conforming status if they can demonstrate substantial compliance with current quality and maintenance standards. Many projects have completed this process. Some I have required significant rehabilitation while other well maintained properties were deemed conforming in their existing condition. Owners also are required to maintain the quality standards to preserve their conforming status. We have been able to encourage more rehabilitation through this provision than any other incentive or enforcement program. Since well maintained apartments are considered compatible with professional offices, the proposed amendment would extend the conformance process to residential uses in the Office Professional zone. i 4 STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 IL RECOMMENDATION: Adopt findings and approve a Negative Declaration of Environmental Impact, and: 1 . Planning Commission Resolution No. recommending to City Council approval of GPA 97-1 , Project Area 4 Specific Plan. 2. Planning Commission Resolution No. recommending approval to City Council of C/Z 97-3. 3. Planning Commission Resolution No. recommending approval to City Council of ZOA 97-2 and ZOA 97-3. III. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by Phil Drell /tm 5 COMMENTS REGARDING RESPONSES FOR INITIAL STUDY CASE NOS. GPA 97-1 AND C/Z 97-3 The only proposed land use and zoning designation changes resulting from the Specific Plan involves approximately 200 acres at the northwest corner of Fred Waring Drive and Washington Street. In general, these designation changes are intended to better reflect the existing land use patterns in the area. A. Directly at the Washington Street/Fred Waring Drive intersection, . designations are being changed from multifamily residential to office professional to reflect the existing commercial office use of the property. B. One acre parcels o ,n Robin Road Mountain View and Delaware are being redesignated from low density, R-1 9,000 to very low RE 40,000 consistent with the existing subdivision pattern. C. Property along Washington Street directly north of Desert Breezes is being redesignated from multifamily to low density R-1 9,000 consistent with the adjacent parcel. D. Property from Mountain View north which is currently a mixture of institutional, multifamily, office and vacant uses are being redesignated to professional office. (A zoning ordinance amendment is being processed concurrently to preserve the conforming status of the multifamily use.) At the north side of the area three parcels, of which two are accessible to Dudley Drive, are designated for multifamily and a third land locked parcel is zoned R-1 9,000. Although zoned single family, this third parcel is isolated from the adjacent single family subdivision and only has access to Washington Street. It'therefore should be developed in association with the Washington Street professional office uses. Historically offices have been compatible with single family uses. I . I I J 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORN[A 92260 TELEPHONE(619)346.0611 i INITIAL STUDY EWIRCrrE TAL CfIDCKLIST ' I. Background w 1. Date 2. Case No. _2P l4 _G2 e i 7 —3 3. Applicant G,ib .� II. Eaviro®eatal Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) I Yes Maybe No 1. Barth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? —9 b. Disruptions, displacements, compaction or ✓ overcovering of the soil? _ c. Change in topography or ground surface relief features? _ d. The destruction, covering or modification / of any unique geologic or ptcysical features? e. Any increase in wind or water erosion of �} soils, either on or off the site? _ f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or j any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, / mudslides, ground fallure, or similar hazards? _✓ 1 I Yes 61aybe No 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? LI b. The creation of obJectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? ✓ 3. Water. Will the proposal result in: s. Changes in currents, or the course of di- rection of crater movements, in either marine or fresh waters? b. Ganges in absorption rates, drainage pat- terns, or the rate and amount of surface runoff? c. Alterations to the course or low of flood waters? d. Change in the amount of surface water in any water body? LZ e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? ✓ g. Change in the quantity of ground waters, either through"dlrect additions or with- drawals, or through interception of an / aquifer by cuts or excavations? d h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? �. 4. Plant.Life. Will the proposal result in: ✓ a. Change in the diversity of species, or num- ber of any species of plants -(including trees, / shrubs, grass, crops, and aquatic plants)? ✓ Yes Maybe No b. Reduction of the numbers of any unique, rare or endangered species of plants? , c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? _ ✓ d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change is the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into ! an area, or result in a barrier to the migra- tion or movenent of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? c/ b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? S. Land Use. Will the proposal result in a sub- stantial alteratign of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural / resources? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or ✓ j upset conditions? _ I i Yes Maybe No b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing hous- ing, or .create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- ✓ tatioa systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? _ ,f f. Increase in traffic hazards to motor vehicles, / bicyclists or pedestrians? ✓ 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? / f. Other governmental services? ✓ 15. Energy. Will the proposal result in: / a. Use of substantial amounts of fuel or energy? Yes 9&7be No b. Substantial. increase in demand upon-existing sources or energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? ✓ b. Exposure of people to potential health hazards? ✓ 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? r✓ 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? ✓ 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? ✓ b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? ✓ d. Will the proposal restrict existing religious or sacred uses within the potential impact area? ✓ 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially .reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, re- duce the number or restrict the range of a rare or endangered plant or animal or eliminate • Yes Maybe No important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) r/ c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ III, Determination On the basis of this initial evaluation: I find that the proposed project CARD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the•proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. ❑ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 2- Date Signature For + r City of Palm Desert 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260.2570 TELEPHONE(619)346.0611 FAX(619)341.7090 CITY OF PALM DESERT CORRECTION TO LEGAL NOTICE CASE NO.: CIZ 97-3 NOTICE IS HEREBY GIVEN that a correction to Legal Notice dated February 20, 1997 has been made. Parcels indicated in maps I &2 below have been added to the Change of Zone 97-3. Parcels North of Cardiff Street indicated on Map 1,have been added to the Office Professional zone.Parcels on the Northwest coma of Fred Waring and Washington (Map 2)have been added to Office Professional zone. Public hearing will he held before the Palm Desert Planning Commission to consider a Negative Declaration of Environmental Impact and Change of Zone from R-1 9,000(Single Family Residential,9,000 square fool minimum lot area)to RE 40,000(Estate Residential,40,000 square foot minimum lot arcs) for lots fronting on Robin Road,Mountain View and Delaware Place(excluding parcels fronting on Wama Trail and Washington Sheet)and a change of zone from R•3 2,000(Multifamily Residential)to R-I 9,000 for the easterly 300 feet of Assessors Parcel 637.33.001 fronting o t Washington Street and a change of zone from R-3 4,000 and R-3 2,000(Multifamily Residential)to OP.(Office Professional)for lots beginning on the southwest comer of Mountain View at Washington Street .extending north to Dudley Drive(see map). orrice Prcl,,,;,nal ---f P.C.—(2) n. :.' vA O"ri It 'x :a g: :^-`•''f.`ter. »F�. %C�•�.' i . .:� Ali' I I =rgemgiris ei::ESe;�2f}_ .Fl Oi.• u f'. s. P.R. —4 all i•! •mrs Rofvaiooat NORTH ; • 1� 's _ ; T 'r SAID public hearing will be held on Tuesday,March 18,1997,before the Palm Desert Planning Commission at 7:00 p.m, in the Council Chamber at the Palm Desert City Hall,73.5I0 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons arc invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning commission at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary March 6, 1997 Palm Desert Planning Commission OVER .t City of Palm Desert 73-510 FRED WARING DRIVE,PALM DESERT,CAUFORNIA 92260.2578 TELEPHONE(619)346.0611 FAX(619)341.7098 February 20, 1997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.:GPA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a Negative Declaration of Environmental Impact and The Project Area 4 Specific Plan identifying needs for public improvements,services,priorities,zoning,and land use policies for approximately 2,260 acres defined as Redevelopment Agency Project Area No.4 bounded by Washington Street on the east,Fred Waring Drive on the south,Indian Wells and El Dorado on the west and Country Club Drive on the north. In addition,it includes 200 acres between Country Club Drive and I-10,Washington Street and Tamarisk Row(not in a RDA project area). Plan includes changes of General Plan Land Use Map for the area generally described as Robin Road,Mountain View,and Delaware Place between Warner Trail and Washington Street from Residential Study Zone to very low density 1-3 uniWacre and low density residential 3-5 unitsiacre. t.*k:.Hovley lane :: LEGEND •• '�'.. Resiriential Study Zone To r ���:si =i:�1: :•.II:: ;;•• I Office Professional « I • Y Very Low Res. v 1-3 Du/Ac I I Low Density Res. g 3-5 Du/Ac Ur II r •Y"t �c�;::5:: �. /RED WAMG DR.:Z:Z� . PROJECT AREA (4) :'h• _ ..ttr, _.. . Office Professional NIGWAr 111 �l Fred Waring Drive L Z5NORTH SAID public hearing will be held on Tuesday,March 18, 1997,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning commission at,or prior to,the public hearing. PUBLISH: Doren Sun PHILIP DRELL,Secretary February 25, 1997 Palm Desert Planning Commission OVER City of Palm Desert 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)341.7098 February 20, 1997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.:ZOA 97-2 NOTICE IS HE REBY GIVEN that a public hearing will be held before the Palm Desert Planting Conmussion to consider an amendment to Section 25.14(RE,Estate Residential District)of the Zoning Ordinance relating to development standards,the keeping of horses and intensity of permitted home occupations. SAID public hearing will be held on Tuesday,March 18, 1997,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project 4ndlor negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning commission at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary February 25. 1997 Palm Desert Planning Commission • • RECEIVED. RAYMOND A. HILL MAR 13 1997 P. o. Box 1491 PALM DESERT, CALIFORNIA 92261 COMMUNITY DEVELOPMENT DE,^.ARTMENT CRY OF PALM DESERT March 12 1997 HAND DELIVERED Mr. Philip Drell Director, Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert , CA 92260-2578 RE: CASE NO. C/Z 97-3 Dear Mr . Drell: 1. Thank you for your time this morning, March 12 , 1997 , to discuss my property, located within the City' s proposed Zone Change Area. Case No . C/Z 97-3 . Undoubtedly, you detected my frustration in getting what seems to be the short end of the stick on my parcel, zoned R-1. For that I apoligize. Unfortunately, I must accept the fact that it was pre-zoned in error by the county prior to the City' s annexation, and move forward with the business at hand. To summarize this morning' s meeting, we discussed the following: 1) My parcel, which City Records indicate is zoned R-1. I presented evidence that this parcel was included in a County approved, multi-family development zone R-3 , 2000 at the time I purchased the property in 1975 , and should be zoned R-3 , 2000 , as are my other two contiguous parcels . You indicated that it did not matter, that pre-zoning prevailed, (even if wrong) . 2) The fact that I attended the City' s public hearings on Case No . C/Z 91-1 and GPA-91-1, prior to the annexa- tion of the area to the City of Palm Desert , presenting the same evidence indicating that my R-1 parcel should be R-3 , 2000 , resulting in my opinion, with assurances from the Planning Commission that my R-1 parcel would Page II be changed to R-3 , 2000 at the appropriate time , once the annexation was completed. You indicated to me that this was the appropriate time. 3) After the mailing of the correction to the Legal Notice for Case No . C/Z 97-3 , which now included my R-1 parcel, to be zoned "Office Professional" , you informed me that you were withdrawing all of my property from the case until I submitted plans to develop , based on: a. Complaints from a homeowner in the R-1 subdivision west of my property, on Cardiff Street. b. Due to the configuration of my three parcels . 4) You requested that I write a letter addressing my concerns , and deliver it to you by Friday, March 14 , 1997 . Pursuant to our meeting, I submit the following: Withdrawing my three parcels from the proposed Office Professional zoning, based on lot configuration would appear to be unfounded. Reviewing both the February 20 , 1997 Legal Notice Map and Correction to Legal Notice published March 6 , 1997 , I count 16 and 19 parcels res- pectively, some of which are smaller than my parcels . You suggested that I could sell my parcels , indepen- dently of each other, creating some sort of problem, if the property was zoned Office Professional. As I told you, my three contiguous parcels have been left as independent parcels for tax reasons (Proposition 13) . To properly market and develop my total property, the three parcels will be combined as one ,yeilding approximately 3 acres , with Dudley Drive, a 40-foot street as the main access , and the existing 20-foot road easement (Hidden River Road) as emergency access . Currently I have underground electric to the property, 8" VCP sewer, stubbed out into bAlf easement road from Tract No. 20 .750 , and an 8" water main, which terminates at a fire h drent. The erimeter of the property (3 parcels) has concrete block walls , ranging in height from 6 to 13-1/2 feet, with the exception of approximately 150 feet along the northerly property line . (This is by design -- the wooden fence and the trees provide privacy) , and approxi- mately 130 feet along the easterly property line (which is fenced with 6 foot chain link fencing, also by design, in as much as a portion of this area becomes a part of the cul de sac at the end of Dudley Drive) , once the property is developed and Dudley Drive is extended (see Parcel Map No . 11739) . Page III ' Given the fact that my three parcels are 95% walled, with all of the utilities in place , including underground electric , other than combining my three parcels as one , completing the construction of approximately 140 feet of Dudley Drive , and demolishing the existing structures , the property is ready to be developed. I feel that it is certainly appropriate property for the City' s proposed Office Professional As you indicated to me, this is the appropriate time to be zoned, including the parcel zoned R-1. I plan to attend the public hearing on March 18 , 1997 . I will appre- ciate anything you can do to assist me in having my property rezoned Office Professional. I extend an invitation to you, your staff, and any members of the planning commision, to visit my property, and I will be happy to answer any questions you may have. Thanking you in advance for your assistance. inc e ely, 1 Raymond A. Hill RAH: smk I `tZz11 I RECEIVED Cc 3 1997 CCMt'UN'i!CEYcLCP?AE77 Ji'.AHTMEH9 1 -3 . MY OF PAW DESERT '\ oc M �J c...\d \;�� � rv`o-� cs� uJ• ��en Ccvv�vY`�� -AQ Qao roe s Qr- ex aim P rw a.�� . mere �,1n \G 2ct O uo �\� - +'- cLr lrt 1 � �GV.r r��ccr c� �-QM v�1�4 Y�SL�J csa \�v�sloc c .J �1 �� ,, . . , . , ...: . . . . , , . ... . ... . .. . . . , . i ._ . , . ., - - . _. . . . , . (-fDQL n -'L IVLE �RL17ZS February 28, 1997 Mr. Drell City of Palm Desert 73-510 Fred Waring Dr Palm Desert, CA 92260 Dear Mr. Drell: Please find enclosed a request to reconsider the zoning recommendation for "Palm Desert Palms". I did read though 25.76.075 and was perturbed by the section referring to upgrading, We would have no problem at all in the requirement for us to maintain the property but it would be totally uneconomical to require us to invest any funds in changing the buildings appearance or architecture. I was quite upset that meetings had been held and we had not been invited to participate. Yes, we are now invited, but only after decisions have been made. I live in Palm Springs and am active in civic affairs. I have been a commissioner and am at the present serving as vice chairperson on the Charter review commission in that city. I would not even dream of recommending any action without all parties being consulted. It is disturbing to me that things were occurring and if put in place will affect my property dramatically. It was my suggestion that you end the professional zoning at our property. I do sympathize with the gentleman whose property adjoins ours, and wants the zoning change, but he does not have an existing business that will be affected by this. Anyway, these are my thoughts. I would like to meet with you again before March 13th. I will be out of the area between the 13th and 18th, of March. I hope in the meantime that you can have your discussion with the city attorney and other officials. I thank you for listening to my concerns. Sincerely, Jim eJurf sJ(i1-�--�.� 77-979 Dudley Drive Palm Desert, CA 9221 1 (619) 345-8507 February 28, 1997 Mr. Drell City of Palm Desert 73-510 Fred Waring Dr Palm Desert,CA 92260 Dear Mr. Drell: I thank you for taking the time yesterday, out of your obviously busy schedule, to address my. concerns. I was extremely gratified to hear you say, that in your opinion a mixture of professional offices and apartments was a compatible mix. I would therefore like to formally request that the zoning for our property "Palm Desert Palms" remain unchanged. We purchased the subject property June 29, 1992 and within the first six months spent approximately$82,500 on rehabilitation. We also spent a further$13,800.on the installation of electric gates with telephone entry. The type of business we are in, which is housing, is an essential industry and it is in the public interest that we continue to provide this service. Since our ownership of Palm Desert Palms, it has hda high occupancy rate, bearing out the fact, that there is a definite need for this type of housing in the area. We consider ourselves to be responsible owners and pride ourselves in the way we take care of our property and the needs of our residents. All prospective residents are thoroughly checked and screened before being accepted within the limits of the laws governing our industry. Under the terms of our present financing, we are required to refinance with a different financial institution by July 1, 1999. If our zoning is changed it could affect our ability to do this or at the very least make it more expensive. Our type of business operates on a low margin and it is absolutely crucial to obtain favorable financing. 77-979 Dudley Drive Palm Desert, CA 9221 1 (619) 345-8507 -fDQL n ; E5zivtt _(PG2L mi Even of greater concern is the cloud that this would place on our property if ever we decided to sell it. It would drastically reduce the number of potential buyers. For instance neither I nor my partner would entertain purchasing a non-conforming property, unless it was at an absolutely give-away price. In conclusion, I would like again to reiterate our request to leave our zoning unchanged. Thank you sincerely, Jim Jones Owner Palm Desert Palms Apartments 77-979 Dudley Drive Palm Desert, CA 9221 1 (619) 345-8507 •(-D J�E1E'LE �LLL n:i • RECEIVED MAR 14 1997 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT March 11, 1997 Philip Drell, Secretary Palm Desert Palms Commission City of Palm Desert 73-510 Fred Waring Dr Palm Desert, CA 92260-2578 Re: Legal Notice Case No.: C/Z 97-3 Dear Sir, I must thank you again for taking the time to address my concerns regarding our Dudley Street apartment building. Your attention and time spent on this subject is very much appreciated. The recommendation you made, that the Office Professional zoning end at our southerly property line, and that the zoning of our neighbor on the west side of us remain the same, sounds extremely favorable. As stated in our conversation, it would also give our neighbor more flexibility, and when a project is proposed for his property a zoning change can be requested at that time. Respectfully, ��D. Matilde Jones Palm Desert Palms(Owner) 77-979 Dudley Drive Palm Desert, CA 92211 (619) 345-8507 RE: • CITY OF PALM DESE CASE NO: C/Z 97-3 We, the residents of Gallery Series/Renaissance Homes subdivision, support the rezoning of R-3 4,000 and R-3 2,000 (Multifamily Residential) to OP (Office Professional) for lots beginning on the southwest comer of Mountain View at Washington Street extending north to Dudley Drive, as indicated on Map 1; specifically, the . parcels on the north side of Cardiff Street and those parcels east of Cardiff Street (as indicated on Map 1 - see attached) with the following conditions: 1. that there be at least a 20-foot vegetation zone between our property and any commercial buildings; 2 feet a as a barrier between our property and 2. that there be 36-inch boxed (minimum) trees planted 0 part p perry any commercial buildings; 3. that any lighting provided by any commercial buildings face away from our property and go off one hour after dark; 4. that any refuse containers be a minimum of 100 feet from our property and not be serviced before 7:00 a.m.; 5. that we have grading and planning approval of any new buildings; and 6. that the City of Palm Desert must adhere to Ordinance 25.25.017: SECOND-STORY WINDOWS. There shall be no second-story windows with open views to adjacent single-story residential zones. (Ord. 449 2 (part), 1986). We, the undersigned, agree with the aforementioned statements and approve the rezoning of R-3 4,000 and R-3 2,000 (Multifamily Residential) to OP (Office Professional). NAME ADDRESS Y (T�� i`�'����}- �c22�i 777.Sz' �•q�iv�so2oe�G/1 T ze,y,Q,�,;� 'J,lRt.v� H2- ✓`5y .�a�' �iL W° 9 �fZ-S6 Ste,Fr vT - d itP ny RE: CITY OF PALM DESE • �n - 311 f/97 CASE NO: CIZ 97-3 We, the residents of Gallery Series/Renaissance Homes subdivision, support the rezoning of R-3 4,000 and R-3 2,000 (Multifamily Residential) to OP (Office Professional) for lots beginning on the southwest comer of Mountain View at Washington Street extending north to Dudley Drive, as indicated on Map 1; specifically, the parcels on the north side of Cardiff Street and those parcels east of Cardiff Street (as indicated on Map 1 - see attached) with the following conditions: 1. that there be at least a 20-foot vegetation zone between our property and any commercial buildings; 2. that there be 36-inch boxed (minimum) trees planted 20 feet apart as a barrier between our property and any commercial buildings; 3. that any lighting provided by any commercial buildings face away from our property and go off one hour after dark; 4. that any refuse containers be a minimum of 100 feet from our property and not be serviced before 7:00 a.m.; 5. that we have grading and planning approval of any new buildings; and 6. that the City of Palm Desert must adhere to Ordinance 25.25.017: SECOND-STORY WINDOWS. There shall be no second-story windows with open views to adjacent single-story residential zones. (Ord. 449 2 (part), 1986). We, the undersigned, agree with the aforementioned statements and approve the rezoning of R-3 4,000 and R-3 2,000 (Multifamily Residential) to OP (Office Professional). cn NAME ADDRESS 4° 00 tztGlcl! Y 1 1 � �,2e.xQ�ue �1�eic ya- B5y �ccnd,' .A, cl.6IA-4 7 RE: CITY OF PALNI DESE CASE NO: C/Z 97-3 We, the residents of Gallery Series/Renaissance Homes subdivision, support the rezoning of R-3 4,000 and R-3 2,000 (Multifamily Residential) to OP (Office Professional) for lots beginning on the southwest comer of Mountain View at Washington Street extending north to Dudley Drive, as indicated on Map 1; specifically, the parcels on the north side of Cardiff Street and those parcels east of Cardiff Street (as indicated on Map 1 - see attached) with the following conditions: 1. that there be at least a 20-foot vegetation zone between our property and any commercial buildings; 2. that there be 36-inch boxed (minimum) trees planted 20 feet apart as a barrier between our property and any commercial buildings; 3. that any lighting provided by any commercial buildings face away from our property and go off one hour after dark; 4. that any refuse containers be a minimum of 100 feet from our property and not be serviced before 7:00 a.m.; 5. that we have grading and planning approval of any new buildings; and 6. that the City of Palm Desert must adhere to Ordinance 25.25.017: SECOND-STORY WINDOWS. There shall be no second-story windows with open views to adjacent single-story residential zones. (Ord. 449 2 (part), 19W. We, the undersigned, agree with the aforementioned statements and approve the rezoning of R-3 4,000 and R-3 2,000 (Multifamily Residential) to OP (Office Professional). NAME ADDRESS 1_ T- _1 - 17 h,N.e.,,an� -S65- mod,Fr or 4��Ms C:`8awu ss t by RECEIVED APR - 11997 RE: City of Palm Desert Case No: C/Z 97-3 COMMUNITY DEVELOPMENT DEPARTMENT CITY Of PALM DESERT The residents of Gallery Series Homes subdivision would like to ask the City Council of Palm Desert to help us with a problem. The property behind us is to be rezoned. We support the rezoning of this area along with the following six conditions. Two of the conditions (#1 and #2) are a must in order for the residents to support the rezoning. 1. There be at least a 20 foot vegetation zone between our property and any commercial buildings. 2. There be 36 inch boxed (minimum) trees planted 20 feet apart as a barrier between our property and any commercial building. 3. Any lighting provided by any commercial buildings face away from our property and go off one hour after dark. 4. Any refuse containers be a minimum of 100 feet from our property and not be serviced before 7:00 a.m. 5. We have grading and planning approval of any new buildings. 6. The City of Palm Desert must adhere to Ordinance 25.25.017. Emanuel McDowell, a homeowner of that area, met with Mr. Philip Drell, Director of Community Development. He informed Mr. McDowell that our conditions could be considered as part of the rezoning. We understand that this was not the case. On March 18, 1997, Mr. McDowell attended the Planning Commission meeting and informed the Planning Commission of our conditions. At no time during the meeting did the Planning Commission specify that our conditions were not met. We would like a meeting with the Mayor or a member of the Council. Please contact Emanuel McDowell at 772-2369 regarding the status of this meeting. Respectfully, Gallery Series Homes Subdivision Homeowners a i City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX (619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: March 20, 1997 CITY OF PALM DESERT Re: GPA 97-1 , C/Z 97-3, ZOA 97-2 AND ZOA 97-3 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of March 18, 1997: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF GPA 97-1 BY ADOPTION OF RESOLUTION NO. 1794; C/Z 97-3 BY ADOPTION OF RESOLUTION NO. 1795, AND ZOA 97-2 AND ZOA 97-3 BY ADOPTION OF RESOLUTION NO. 1796 AS AMENDED. MOTIONS CARRIED 4-0 (COMMISSIONER FERNANDEZ WAS ABSENT). Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. PHILIP DRELL,15ECRETARY PALM DESERT PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal 1 Paw Paper PLANNING COMMISSION RESOLUTION NO. 1794 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE PROJECT AREA 4 SPECIFIC PLAN WHICH IDENTIFIES THE NEED FOR PUBLIC IMPROVEMENTS, SERVICES, PRIORITIES, ZONING, AND LAND USE POLICIES FOR APPROXIMATELY 2260 ACRES DEFINED AS REDEVELOPMENT AGENCY PROJECT AREA NO. 4 BOUNDED BY WASHINGTON STREET ON THE EAST, FRED WARING DRIVE ON THE SOUTH, INDIAN WELLS AND ELDORADO ON THE WEST AND COUNTRY CLUB DRIVE ON THE NORTH. IN ADDITION, IT INCLUDES 200 ACRES BETWEEN COUNTRY CLUB DRIVE AND 1-10, WASHINGTON STREET AND TAMARISK ROW. CASE NO. GPA 97-1 PROJECT AREA 4 SPECIFIC PLAN WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1997, hold a duly noticed public hearing to consider the Project Area 4 Specific Plan; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18", in that the Director of Community Development has determined that the project will not create an adverse impact and a Negative Declaration of Environmental Impact has been prepared; and 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 justify recommending to City Council approval of the specific plan: 1 . The policies and land uses contained within the Specific Plan promote the logical, orderly and compatible development of the study area. 2. Proposed land use changes better reflect existing development patterns and are more compatible with adjacent uses then existing designations. 3. The policies and land uses described in the Specific Plan are designed to promote the health, safety and general welfare of the residents within the study area and are consistent with the policies of the adopted General Plan. 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. 1 PLANNING COMMISSION RESOLUTION NO. 1794 2. That it does hereby recommend to the City Council approval of the Project Area 4 Specific Plan, Exhibit "A", GPA 97-1 including land use map changes, Exhibit "B", and a Negative Declaration of Environmental Impact, Exhibit "C", as it pertains thereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th, day of March, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON NOES: NONE ABSENT: FERNANDEZ ABSTAIN: NONE AMES A 0 FE USON, Chairperson ATTEST: 1� PHILIP DRELL, Secretary Palm Desert PI nning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1794 ` I EXHIBIT "A" RDA PROJECT AREA 4 SPECIFIC PLAN INTRODUCTION The Project Area No. 4 Specific Plan was initiated by the City and Redevelopment Agency to identify needs for public improvements and services, set funding priorities and reexamine zoning and land use policies. The planning area covers approximately 2,260 acres defined as Redevelopment Agency ,Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and El Dorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row (not in a RDA project area). Over 50% of the area is within seven gated residential communities ranging in size from 40 to 640 acres. Indian Ridge Country Club, Palm Desert Resort Country Club, Oasis Country Club, Woodhaven Country Club, Desert Breezes, Whitehawk, and Golden Sun. Palm Desert Country Club, a public street planned residential community, occupies 25% of the area. With the exception of Indian Ridge Country Club, the area has been substantially built-out under Riverside County prior to annexation to the city. For planning analysis purposes, six subareas have been identified. SUBAREA 1 The northwest corner of Washington Street and Fred Waring Drive, north to Dudley Drive, west to Warner Trail. i SUBAREA 2 Palm Desert-Country Club - A public street non-gated planned community developed in the 1960's and 70's. i SUBAREA 3 Hovley Lane East - A major east-west arterial bisecting the study area. SUBAREA 4 The southwest corner of Country Club Drive/Washington - A diverse mixture of commercial, single family and multifamily uses. I SUBAREA 5 The four largest gated communities: Indian Ridge Country Club, Palm Desert I Resort Country Club, Woodhaven Country Club and Oasis Country Club. i SUBAREA 6 Area between Country Club Drive and 1-10. The area contains the largest tract of undeveloped residential and commercial property. 3 i PLANNING COMMISSION RESOLUTION NO. 1794 GENERALISSUES 1 . Land Use. Since the planning area is substantially built out with well defined residential neighborhoods and commercial centers, land use conflicts are minimal. Issues remain in area 1 and 6 where significant undeveloped property remains. The plan will identify these issues in the specific subarea discussion. In resolving potential land use conflicts, every attempt will be made to insure both compatibility and economic feasibility of both adjacent uses. 2. Traffic Circulation and Public Works. The area .includes three major east-west arterials (Country Club Drive, Hovley Lane East, and Fred Waring Drive) and the west half (Washington Street). As traffic on these arterials increases, new control measures may be required to insure safe ingress and egress from residential side streets and commercial centers. Most of these public streets are over 20 years old, were constructed at less then current design standards and are in need of repair or reconstruction. 3. Parks. The area is not presently served by a public neighborhood park. A private recreation facility owned by the Palm Desert Country Club Association is available to its members, but is under-utilized and may not be ideally suited to meet the changing i recreational needs of the community. Each of the gated country clubs provides high quality specialized recreation (golf, tennis, etc.) which may not address all needs of their residents and are not available to the general public. There are a very limited number of available vacant sites for park development. Potential park sites have been identified in subareas 1, 2 and 6. The advantages and constraints of each site will be evaluated in the individual subarea discussions. 4. Bicycle and Golf Cart Paths. With special authority from the state legislation, the City of Palm Desert is pursuing a program to promote electric golf cart usage for general transportation on public streets in designated lanes and routes. With nine golf courses within or in the immediate vicinity, there is a high percentage of golf cart ownership in the project area. The city's long range plan links the project area with the system via Hovley Lane East, Warner Trail and California Avenue. These golf cart routes are also serve as bicycle paths linking the area to the city wide master plan. 5. Housing. Within the gated communities, CC&R's and well organized homeowners associations insure housing quality. Palm Desert Country Club is less rigidly organized and is experiencing some property maintenance problems. The Project Area No: 4 preliminary report identified 356 units that are exhibiting deficient conditions or defined as beginning to exhibit signs of deferred maintenance. There 4 PLANNING COMMISSION RESOLUTION NO. 1794 were 254 units designated as deteriorated, showing signs of structural problems, sagging roof walls or crumbling foundations, broken windows, electrical hazards, etc. Due to the modest nature of its housing stock, Palm Desert Country Club provides a significant opportunity for the provision of affordable single family housing. The State Housing Law, Redevelopment Law, the General Plan Housing Element and the Redevelopment Plan all require the City and Redevelopment Agency to diligently implement programs to promote housing affordability for low and moderate income families. Twenty percent of the property tax increment generated in the project area must be spent for low/moderate income housing assistance. In addressing the City's and Redevelopment Agency's legal obligations and the real housing needs of the residents of the area, priority shall be given to programs which involve rehabilitation of the existing housing stock and single lot infill construction. Multi-unit housing developments will not be considered for RDA assistance until the rehabilitation and single lot infill goals have been met. 6. Residential and Commercial Prooerty Maintenance. Through adoption of the Property Maintenance-Ordinance, Ordinance 801 , the City has committed to preserving the quality of both commercial developments and residential neighborhoods. The ordinance will be implemented by a comprehensive city-wide survey to identify substandard property subject to ordinance. Property will be classified into three categories: a. ""Deteriorated". Property falling significantly below acceptable neighborhood standards clearly subject to abatement. b. "At Risk". Properties marginally at or below acceptable standards but showing a clear trend toward deterioration. C. Property which meets acceptable standards. Based on survey results, deteriorated properties will be prioritized for immediate abatement. Owners and tenants will be notified of the nature of their violations, the abatement process and will be referred to the Redevelopment Agency regarding available assistance programs. City staff will be available to provide technical assistance regarding cost effective solutions to typical maintenance problems. "At risk" property owners would also be contacted informing them of their marginal status and of the availability of financial and technical assistance. 5 PLANNING COMMISSION RESOLUTION NO. 1794 Information regarding implementation of property maintenance ordinance shall be made available to the general public via the city newsletter, The Bright Side. 7. Utilities. a. Overhead Power Lines. The area is primarily served with overhead facilities on the major arterials and within Palm Desert Country Club. Service for new subdivisions and the gated country clubs is underground. Some older lines appear to be sagging. While the ultimate goal is to underground all facilities, the costs involved make it a lower overall priority compared to other public improvements. Where funds are available, undergrounding along the arterial roadways will have priority. Undergrounding of neighborhood service lines would be pursued in response to property owner initiated assessment districts. Staff will work with Southern California Edison to identify sagging lines and correct them when possible. b. Wireless Telecommunication Towers. The new wireless telecommunication technology (i.e. PCS Personal Communication Systems) will require installation of antenna towers throughout the city at heights of up to 70 feet. Although i the Telecommunication Act passed by the U.S. Congress provides for some degree of local regulation, restrictions cannot have the effect of prohibiting the service. Since current city ordinances do not effectively deal with this issue, a specific telecommunication facility ordinance will be prepared which provides for the least impacting antenna design, heights and location consistent with good service. No towers shall be approved prior to adoption of the ordinance. C. Sewer. Most of the area is served by sewers. City ordinance requires properties to hookup at the time of ownership transfer if sewer lines are available within 200 feet. Palm Desert Country Club Subarea 1 (Robin, Mountain View and Delaware) is not currently served by sewer lines. The city's goal is to extend service to all properties in the study area. The one acre lot size in the Robin Road area allows for more effective use of septic tanks and therefore immediate sewer extension is a lower priority. 8. Drainage. (From Preliminary Report for Project Area No. 4 - Rosenow, Spevacek Group). There are existing storm drain facilities within the Project Area that carry surface water runoff away from the Project Area. Surface water generated within the Project Area is collected and emptied into either the Whitewater River Channel which serves as a major stormwater channel for the City and the Coachella Valley, 6 PLANNING COMMISSION RESOLUTION NO. 1794 or flow in a northerly direction to vacant property in the City where the water percolates into the ground. The Project Area generally has adequate existing drainage facilities to protect the area from flooding. There are, however, areas of localized flooding that need storm drain improvements to reduce the nuisance flooding condition that occurs periodically. The City of Palm Desert's Public Works Department staff have identified three (3) areas within the Project Area which require storm drains in order to eliminate potential flood hazards. These areas include: (1 ) Warner Trail from Fred Waring Drive to the Whitewater Channel; (2) Fred Waring Drive east and west.of Warner Trail; and (3) Washington Street from 42nd Avenue north and south as required. More study may be undertaken in order to determine any additional improvements which are needed. Standing water is evident throughout the Project Area, even during dry periods. A master drainage plan is currently being proposed for the Palm Desert Country Club/Bermuda Dunes area which will provide for the construction and funding of required drainage improvements. 9. Police and Fire Protection. The Palm Desert Police and Riverside County Fire officials indicate that the area is currently adequately served by existing facilities. If the city annexes territory to the east or north, additional police and fire facilities might be necessary to serve this expanded responsibility of the city. 7 PLANNING COMMISSION RESOLUTION NO. 1794 SPECIFIC AREA ISSUES, POLICIES AND IMPLEMENTATION PROGRAMS SUBAREA 1 Northwest Corner of Washington Street and Fred Waring Drive. Due to the unique rural nature of the one acre lot subdivision in this subarea, a questionnaire was mailed to property owners and residents on Mountain View, Delaware, Robin Road and Latisha to determine their opinions and preferences regarding future development and land use. On October 7 a community meeting was held to further discuss issues of concern to this neighborhood. There was nearly a 50% response to the questionnaire and the meeting was attended by over 30 property owners/residents. The recommendations in this section were strongly influenced by the public input provided by the questionnaire and community .meeting. I. LAND USE: Existing land- uses in this subarea include the following: Desert Breezes, a 75 acre gated planned community with detached single family homes, condominiums and time share units (zoned PR-4, 4 units per gross acres); an area zoned R-1 9,000 (single family 9,000 square foot lot minimum) but divided primarily into one acre lots, i to depth of 300 feet, the west side of Washington Street is zoned R-3 2,000 to 4,000 (multifamily with density of 11 to 21 units per acre). There is a small five acre commercial complex at the corner. Nineteen (19) acres directly adjacent north of Desert Breezes is a vacant unsubdivided parcel zoned R-1 9,000 and R-3 2,000. ISSUE I: Zoning Consistency The existing R-1 9,000 zoning is not consistent with the predominant one acre subdivision pattern. Under current zoning, each existing lot could be divided into four parcels significantly changing the rural character of the neighborhood. Several of the existing property owners stable horses which was permitted by the County prior to annexation. The current R-1 zone does not permit horses. POLICY: Zones should reflect the predominant existing land use and subdivision pattern. IMPLEMENTATION: A change of zone shall be initiated for the one acre lot area from R-1 9,000 to RE 40,000 (Estate Residential District) which requires a minimum 40,000 square foot 8 PLANNING COMMISSION RESOLUTION NO. 1794 i lot size. The RE zone will be amended to provide for the keeping of horses as a permitted use subject to a non-discretionary regulatory permit. The permit process will include specific limitations on the number of animals and conditions under which they are kept. An inspection program will be initiated through the city's animal control program to enforce these restrictions insuring impacts on adjacent properties are minimized. Building setbacks in Section 25.14.080 shall be modified to create a minimum front setback of 30 feet and minimum side yard of 15 feet. Consideration shall be given to expanded home occupations which are compatible with the rural nature of the area as a conditional use. ISSUE II: Second Senior Units As required by State law the Palm Desert Zoning Ordinance Chapter 25.21 provides for the development of a second senior unit "granny flat" in single family zones. That ordinance requires the second unit to be attached to the primary residence. While this requirement makes sense on the typical 10,000 square foot lot, it is not a logical restriction for lots over 40,000 square feet. POLICY: Large estate lots are a logical location for the development of limited second senior units. IMPLEMENTATION: The RE zone shall be amended adding Second Unit Senior Housing as described in Chapter 25.21 to the list Uf conditional uses and providing an exception which allows units to be detached with gross floor area limited to 50% of the primary dwelling, not to exceed 800 square feet. ISSUE III: Washington Street Frontage To a depth of 300 feet, the Washington Street frontage is zoned for multifamily use. The increasing traffic on Washington Street raises questions concerning the ultimate compatibility and economic viability of small scale multifamily development in this area. In the area there is currently a mixture of uses including offices, a church, school and residential apartments. At the north end near Dudley Drive, there are a number of land locked parcels (including a lot zoned R-1 9,000) which are only 9 i PLANNING COMMISSION RESOLUTION NO. 1794 accessible via easements to Washington Street (see issue IV). Other than the frontage associated with the 19.5 acre parcel discussed below, there is only one vacant lot with direct Washington Street frontage. POLICY: Land use policy and zoning should encourage uses which are compatible with the high traffic intensity on Washington and the low intensity residential uses to the west. Professional office zones have been shown to provide effective buffer uses between high traffic corridors and low density residential neighborhoods. All the existing developed uses appear to be compatible and should be allowed to continue with full legal conforming status. IMPLEMENTATION: With the exception of the area described in issue III, initiate change of zone for the Washington Street Frontage from R-3 to O.P. The legal conformance process described in Section 25.76.075 of the Zoning Ordinance shall be amended to include multifamily uses in the office professional (O.P.) zone where a finding of compatibility can be made. ISSUE IV: 19.5 acre vacant parcel north of Desert Breezes Property is currently zoned R-1 9,000 and R-3 2,000 (see above discussion). Surrounding property owners have expressed concern about compatibility of the ultimate development of the site. R-1 9,000 translates out to approximately 3.5 units/acre. The R-3 2,000 produces 21 units/acre. Total development potential of the site under current zoning would be 55 single family homes and 99 apartments. Adjacent land uses include an arterial roadway, Desert Breezes at four units/acre and the Robin Road area with one acre lots and one acre lots backing from Mountain View. POLICY: Land use zoning designations should attempt to be compatible with all adjacent land uses. 10 PLANNING COMMISSION RESOLUTION NO. 1794 IMPLEMENTATION: OPTION 1: Rezone Washington Street frontage from R-3 2,000 to R-1 9,000. Maintain balance of property R-1 9,000. Public access to this area shall be from Washington Street. A cul-de-sac shall .be created at the end of Robin Road with an emergency vehicle gated access serving both Robin Road and the new subdivision. OPTION 2: Consider redesignation to open space and public acquisition as a neighborhood park (see park discussion). ISSUE V: Dudley Drive Area Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well maintained home on a 1 .66 acre estate lot behind the apartment complex. The residential parcels are isolated from Palm Desert Country Club by an 8-10 foot block wall and only have access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. The existing block wall inherently provides a significant sound and visual buffer..' POLICY: Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the General Plan Land Use Designation for this area be changed to Professional Office. 11 PLANNING COMMISSION RESOLUTION NO. 1794 IMPLEMENTATION: The area including the isolated parcel shall be rezoned to Office Professional contingent on the understanding that any office development precise plan includes all vacant properties and demonstrates compatibility with existing adjacent land uses. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE I: Left turn access from Desert Breezes to Fred Waring Drive Traffic levels on Fred Waring have made it increasingly difficult and dangerous to left- turn exit from Desert Breezes to eastbound Fred Waring. The large Southwest Community Church facility on the south side of Fred Waring has been designed with its main entrance aligned with the Desert Breezes entrance. POLICY: If justified by traffic volume warrants or accident history, left turn access from side streets to major arterials shall be controlled via signals or prohibited by median control structures which allow only left turn entrance but only right turn exit. I IMPLEMENTATION: 1 . Conduct warrant study of existing conditions and forecast potential increase for Southwest Community Church to determine feasibility of a signal. 2. Discuss issue with the County and church to determine funding sources. ISSUE II: Multiple left-turn access to northbound Washington Street As is the case with Fred Waring Drive, left turn access to Washington is becoming more difficult and dangerous. POLICY: Control left turn exits where traffic levels and accident data warrants. 12 PLANNING COMMISSION RESOLUTION NO. 1794 IMPLEMENTATION: 1 . Conduct studies of accident history. 2. In cooperation with the County, design median structures to control left turn exits. ISSUE III: Completion of road improvements for Delaware, Mountain View and Latisha This one acre lot subdivision was originally developed without paved streets. In 1989 Robin Road was paved with curb and gutter pursuant to a County assessment district. Delaware, Mountain View and Latisha will be paved through a South Coast Air Quality Management District PM10 grant. The grant will not include concrete curb or gutter (asphalt curb will be constructed). These streets cut through from Washington to Warner Trial. As congestion at the Washington/Fred Waring intersection increases, these newly paved streets will provide a convenient short cut to westbound Fred Waring via Warner Trail - POLICY: 1 . Public streets shall be ultimately improved to city standards including curb and gutter. 2. Local streets shall be designed to discourage non-local through traffic. IMPLEMENTATION: 1 . With the exceptiorf'of emergency vehicle access, Delaware Place and Mountain View shall be closed to auto traffic 300 feet west of Washington Street prior to the completion of the paving project. 2. Completion of full road improvements including curb and gutter shall be a lower priority and deferred until funding sources become available. ISSUE IV: Street lighting at Fred Waring/Washington intersection (Currently there is no street lighting at the intersection of Washington and Fred Waring Drive) 13 PLANNING COMMISSION RESOLUTION NO. 1794 POLICY: All arterial intersections should include traffic safety lighting. IMPLEMENTATION: The City shall coordinate with the County and La Quinta for planning, engineering, funding and installation of safety street lighting at Fred Waring and Washington Street. III. PARKS ISSUE I: The area is not served by any public parks The 19.5 acres vacant site north of Desert Breezes is one of the few large vacant parcels in the study area and provides significant opportunities for recreational development: It is large enough to accommodate a wide variety of facilities designed for all age categories with ample parking. The front 300 feet adjacent to Washington Street could be developed with relatively intensive uses without adversely impacting adjacent properties. The balance of the site would require careful design to address noise, lighting and security concerns of residents of Desert Breezes, Robin Road and Mountain View. While primary access to the park would be from Washington Street, a secondary entrance should also be developed to provide direct access via the interior local street system. A one acre parcel on Mountain View owned by the Coachella Valley Water District may be available as access. 14 PLANNING COMMISSION RESOLUTION NO. 1794 POLICY: All areas shall have convenient access to neighborhood parks designed to meet the specific needs of the residents. IMPLEMENTATION: Establish a neighborhood recreation advisory subcommittee reporting to the Project Area 4 Committee and the Parks and Recreation Commission to determine recreation needs and analyze prospective park sites including the 19.5 acre parcel. Emphasis would be placed on the development adjacent to the Washington Street frontage. If the 19 acre site is determined to be the best alternative, design and funding mechanisms would be created to develop and maintain the facility. Since the site is easily accessible by residents of La Quinta and Indian Wells, joint funding of the facility should be pursued with these cities. HOUSING: By their nature, the one acre parcels do not lend themselves to affordable housing. The primary issue in the area will be to maintain housing quality. i . POLICY: Through adoption of the Property Maintenance Ordinance the City has committed to preservation of neighborhood quality and improvement of substandard conditions. IMPLEMENTATION: A designated code enforcement officer will identify violations of the Property Maintenance Ordinance" and pursue enforcement. See general discussion for implementation strategy. SUBAREA 2 Palm Desert Country Club The Palm Desert Country Club was developed in the 1960's and 1970's as an ungated, public street senior citizen planned residential community. It includes a 27 hole privately owned full length golf course and a homeowners association community center. The development is predominately comprised of modest two and three bedroom single family homes, many of which back out onto the golf course. 15 PLANNING COMMISSION RESOLUTION NO. 1794 I. LAND USE: j The country club is built-out with relatively homogeneous single family homes on 6,000 square foot lots. The current R-1 9,000 zoning requires minimum 9,000 square foot lots in new subdivisions. Commercial development is confined to the southwest Hovley Lane East/Washington Street intersection and Avenue of the States. Multifamily apartments are located in discreet areas on Michigan Avenue, California Avenue and Washington Street. In general, significant land use conflicts are rare. II. TRAFFIC/CIRCULATION: ISSUE: Speed Control The circulation system for Palm Desert Country Club was designed with long intersecting through streets which have a tendency to encourage speeds in excess of the limit. -Speeding problems have been observed on Warner Trail, California and New York/Virginia. POLICY: Given the existing street pattern, there are few effective strategies for lowering 1 speeds other than enforcement. Stop signs which are not justified by cross traffic increase noise, exhaust emission levels, do not significantly reduce overall speed levels, and foster disrespect for traffic laws. IMPLEMENTATION: 1 . City Engineer shall identify intersections where traffic volumes warrant stop signs. 2. Speed studies shall be conducted to identify priority streets for enforcement. ISSUE: Street Lighting Extensive street lighting was installed throughout the Palm Desert Country Club by the original developer. The lights are maintained through a lighting and landscape maintenance district. 16 PLANNING COMMISSION RESOLUTION NO. 1794 ISSUE: Street Repairs Most of the local streets within Palm Desert Country Club are generally over 20 years old and are in need of repair. The original construction specifications and roll curbs and gutters do not comply with current city standards. POLICY: To the greatest extent feasible, street surfaces shall be brought up to city standards. � Although the roll curbs do not meet current city standards their replacement lacement should not be a high priority. IMPLEMENTATION: A comprehensive street condition study shall be conducted by the Department of Public Works as part of their PMS (pavement maintenance system) program, resulting in .a priority schedule for street repairs. Depending on condition, street will be designated for slurry seal, resurfacing or reconstruction. ISSUE: Fred Waring Drive Parkway Improvements With the exception of 1,000 feet of new sidewalk between Warner Trail and Elkhorn Trail, the one mile of parkway between Warner Trail and California is devoid of improvements or maintenance other then weed abatement. The rear walls of adjacent homes are inconsistent in terms of material, design and condition. In general, the parkway presents an unacceptable public image for the city and project area along this important arterial. POLICY: All public arterial parkways shall be brought up to current design standards including sidewalks and drought tolerant landscaping and attractive perimeter walls. IMPLEMENTATION: 1 . Initiate the design process for parkway landscaping including alternatives to economically integrate the existing walls. 2. Investigate possible funding sources for construction and maintenance including community development block grants and assessment districts. 17 I _ PLANNING COMMISSION RESOLUTION NO. 1794 3. Fence provisions of the property maintenance ordinance shall be enforced where appropriate. 4. Wall and landscape plan shall be designed to discourage graffiti. Graffiti abatement program shall utilize paint to consistently match original wall color. III. PARKS: ISSUE: The area is not currently served by a neighborhood park. The nearest city park facility is at Magnesia Falls and Portola, nearly four miles away. There is a 4.5 acre recreation facility owned and operated by the Palm Desert Country Club Association on California at Avenue of the States, containing two swimming pools, spa, 8,000 square foot building complex, rose garden and parking lot. The facility is primarily oriented towards senior citizens and is under utilized. There are virtually no facilities for children or young adults. Negotiations between the City and the Association concerning acquisition and development of a public park and recreation facility on the site were not successful. There remains some opportunity for City/Association cooperation to improve and expand this facility. Through redesign of the excessively large parking lot and utilization of vacant areas adjacent to the rose garden, additional facilities could be added to significantly increase the public recreational value to the project area. POLICY: Priority shall be given to developing a neighborhood park accessible to and meeting the broad recreational needs of the Palm Desert Country Club residents. IMPLEMENTATION: City and Recreation and Park District staff shall prepare conceptual plans and evaluate the advantages of sites in the specific plan area for presentation to the Parks and Recreation Committee and Project Area 4 Recreation Subcommittee. Depending on the results of that evaluation, the respective property owners would be contacted concerning the availability and terms for use of their properties. HOUSING: The area is predominately developed with modest single family detached homes built in the 1960's and 70's. While the majority are well maintained, a growing number are falling into disrepair, through neglect, foreclosure or abandonment. The majority 18 PLANNING COMMISSION RESOLUTION NO. 1794 of the 610 deficient or deteriorated units identified in the Project Area No. 4 Preliminary Report were in this subarea. Less than 40% of the units in the area are owner occupied. This high incidence of absentee ownership may contribute to the growing property maintenance problem. The subarea also includes two older apartment complexes located on Michigan Drive between Idaho and Warner Trail and on California and Elkhorn Trail. These projects serve primarily low and very low income households. The area, which is substantially built out, contains scattered vacant single family lots. POLICY: Through the General Plan Housing Element, Property Maintenance Ordinance and Redevelopment Plan, the city is committed to preserving housing quality and affordability. The modest nature of the housing stock in Palm Desert Country Club provides a unique opportunity to advance both of these goals. IMPLEMENTATION: A. A comprehensive survey shall be conducted to locate vacant lots and deteriorated units and identify the occupancy circumstances (i.e. owner occupied, renter, vacant, abandoned, for sale, foreclosure, etc.). Depending on individual circumstances properties will be evaluated for inclusion in the city's RDA's affordable housing program which may include: 1 . Rehabilitation loans for existing low/moderate income owner occupied units. 2. Rehabilitation loans for rental properties when owners commit to low/moderate income rental restrictions. 3. Self-help rehabilitation where RDA purchases deteriorated property, contracts with nonprofit housing corporation to supervise low income home buyers in the rehabilitation of their own homes. 4. Self-help new infill construction. As a secondary priority vacant infill parcels would be purchased by the RDA and developed through a nonprofit self-help housing program. B. The existing multifamily projects shall be periodically monitored to insure they provide a quality residential environment and to determine if conditions warrant 19 PLANNING COMMISSION RESOLUTION NO. 1794 public intervention or if opportunities exist for inclusion in the city's affordable housing program. j SUBAREA 3 Hovley Lane East This subarea includes only the east-west arterial (formerly 42nd Avenue) which bisects the study area and extends from Cook Street to Washington Avenue. The portion east of Oasis was developed as part of Palm Desert Country Club in the 1960's. The street did not become a functioning uninterrupted arterial until the section between Eldorado Drive and Oasis were completed in 1995 in connection with the development of Indian Ridge Country Club. What had been a relatively quiet access for the adjacent country clubs was transformed into a major east-west alternative to Country Club Drive. I. TRAFFIC/CIRCULATION/RIGHT OF WAY IMPROVEMENTS ISSUE: speed Control The low level of cross traffic on this arrow straight arterial tends to encourage speeding. POLICY: Targeted enforcement of the posted speed limit shall be the primary strategy for controlling excessive speed. ISSUE: Now that Hovley Lane East has been transformed from a quiet back street to a major arterial, the increasing speed and volume dictate significant design changes, resurfacing and reconstn3ction of the older portion of the roadway. The south side parkway is undeveloped. Perimeter block walls between Idaho Street and Warner Trail are crumbling and painted with mismatched colors as a result of graffiti abatement. Between Warner Trail and Kansas Street walls are a disorganized combination of block and wood in varying stages of deterioration. Since country club maintenance workers are not allowed to park within the clubs, they are to park outside the gates on Hovley. On the south side, workers currently drive over'the curb and park in the dirt parkway. On the north they park adjacent to the club entrance creating sight obstructions for residents turning onto Hovley. 20 • PLANNING COMMISSION RESOLUTION NO. 1794 POLICY: The upgrading of Hovley Lane East shall have first priority for Redevelopment Agency funding. All road improvements designs in the area shall be submitted to the Project Area Committee for review and comment at earliest stage and shall take into account the ultimate design goals for the roadway. IMPLEMENTATION: 1 . Left/Right Turns. Lane striping shall include a center turn lane to facilitate both entrance to and exits from side streets. 2. Where feasible right turn deceleration lanes shall be included. 3. Since Hovley Lane East is the designated golf cart/bike lane access to the study area, it is important to provide for these facilities in the reconstruction design. 4. Reconstruction plan shall provide for ultimate parkway landscaping and sidewalks including a program to encourage a unified perimeter wall design between Idaho Street and Kansas Street. Program would involve financing mechanisms and enforcement of the wall maintenance requirements of the property maintenance ordinance. The ultimate goal shall be an attractive, low maintenance wall and landscape plan designed to discourage graffiti. Anti- graffiti wall coatings shall be utilized to avoid the mismatched paint problem which currently exists. 5. The country club associations shall be encouraged to provide on-site parking facilities for their maintenance employees. Curbs shall be painted red adjacent to country club entrances and side streets prohibiting parking and providing for improved visibility and deceleration/acceleration lanes. 6. The city shall work with the City of Indian Wells and Sunrise Company to complete the mile long south half-street between Oasis Country Club and the Coachella Valley Water District facilities. SUBAREA 4 Southwest corner of Washington Street/Country Club Drive The 160 acres at the southwest corner of Country Club Drive and Washington Street contain a collection of uses including a gated single family subdivision (Whitehawk), a 21 PLANNING COMMISSION RESOLUTION NO. 1794 manufactured housing subdivision (Golden Sun Estates), a partially developed 20 acre commercial center, timeshare development currently operated as an extended stay hotel (Sun Dunes Villas), and two apartment complexes (Royal Palms and Desert Oasis). I. LAND USE: Current development in the area is in general conformance with designated land uses. With the south half of the Whitehawk subdivision currently under construction the only remaining vacant land in the subarea includes seven acres of PC-2 District Commercial property at the corner and 34,000 square feet at the east side of Desert Dunes Villas facing Washington Street. ISSUE I: The seven acres of vacant property associated with the corner commercial center was originally approved as a supermarket site. There has been no interest to develop and market from any of the major supermarket chains. Being adjacent to the redesigned Washington Street/1-10 freeway interchange, the corner is under consideration for designation as yet to be created: Freeway Commercial Zone. This zone would be designed for freeway-oriented traffic and could include provisions allowing drive-through fast food restaurants, gas stations closer than 500 feet apart and high quality tourist serving facilities. POLICY: Land use designation should encourage commercial development oriented to freeway offramp traffic but consistent with Palm Desert's image and quality - design philosophy. Gas station site plans shall incorporate reverse orientation where associated buildings occupy street frontage and fueling aisles face inward. IMPLEMENTATION: Designate corner Freeway Commercial Zone. ISSUE II: Directly south of the commercial corner, Sun Dunes Villas is a 48 unit complex originally developed as a timeshare project but what is now managed as an extended stay hotel. The units are all at least 400 square feet and all contain kitchens. Minimum stay is one week with many guests staying 3-4 months. The owners wish to add more units on the 34,000 square foot vacant area fronting Washington. The existing R-3 multifamily zone on the property permits 18 units per acre allowing 22 PLANNING COMMISSION RESOLUTION NO. 1794 approximately 120 units on the five acre site. The existing project density is ten hotel units per acre. The proposed expansion which could include a general upgrading of the entire property is well within zoning limits. POLICY: Older hotels should be encouraged to update their facilities and expand to the extent necessary for economic viability. IMPLEMENTATION: None Required. HOUSING: The subarea contains a wide variety of housing types catering to a broad range of incomes. The properties appear well managed and maintained. POLICY/IMPLEMENTATION- Existing projects will be monitored to insure continued quality and to identify opportunities for inclusion in the city's affordable housing program. SUBAREA 5 Country Clubs This subarea includes four gated country clubs of which Woodhaven, Oasis and Palm Desert Resort are complete. Indian Ridge Country Club has completed approximately one third of their 1280 approved units. I. LAND USE: All the country clubs have been developed pursuant to unified plans and are consistent with city zoning. Internally, homeowners associations regulate and maintain the property quality through their HOA fees and CC&Rs. ISSUE: The main external impact of country club activities is their practice of restricting service and construction worker vehicle access through their gates. As a result, street parking problems often occur adjacent to their rear entrances. This is a particular problem on Hovley East at the Woodhaven entrance where employee cars 23 PLANNING COMMISSION RESOLUTION NO. 1794 e have historically driven over the roll curb on the south side of the street and park in the parkway. POLICY: Gated communities shall be encouraged or required where possible to provide on-site parking for construction/maintenance workers. IMPLEMENTATION: City staff shall work with the respective homeowners associations to develop mutually acceptable parking solutions. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE: ' Woodhaven left turn access to Washington Street. Increasing traffic on Washington Street has made left turn exits increasingly difficult. POLICY: Unless strict traffic warrants can be met the preferred solution to side street access to major arterials is median island left turn control versus traffic signals. These median structures typically permit left turn entrance but only right turn exit. IMPLEMENTATION: The City Traffic Engineer shall monitor traffic volumes and accident records and determine appropriate ;deft turn control alternatives in consultation with the Woodhaven Homeowners Association. ISSUE: Lack of parkway landscaping on the west and south side of Palm Desert Resort Country Club When the Palm Desert Resort Country Club was developed in the late 1970's and 1980's there were no provisions within the County conditions of approval for parkway landscaping on the west and south sides, (Oasis Country Drive which didn't exist and 42nd Avenue, now Hovley East). While the developer was required to construct the Oasis half street it was believed that the blowsand impacts from the vacant Indian Ridge site made landscaping impractical to maintain. 24 PLANNING COMMISSION RESOLUTION NO. 1794 In 1985 and 1987 the developer approached the Palm Desert Resorter Association with offers to install parkway landscaping if the association would provide maintenance. These offers were not accepted. POLICY: All residential projects within the city are required to install and maintain parkway landscaping either through their association or a lighting and landscaping maintenance assessment district. IMPLEMENTATION: The City/RDA staff shall initiate discussions with the Palm Desert Resorter Association to investigate available financing alternatives to facilitate installation and maintenance of parkway landscaping. SUBAREA 6 North Side Country Club Although not within the redevelopment project area, the north side of Country Club Drive between Washington Street and Tamarisk Row Drive is functionally a part of the East Palm Desert planning area. It also contains the last large undeveloped residential and commercial properties in the study area. I. LAND USE: ISSUE I: Land use of 115 acre vacant parcel at northeast corner of Country Club Drive and Tamarisk Row Drive The property is currently zoned R-1 12,000 which was consistent with the County zoning at annexation. A noise study on the property conducted in 1989 concluded that combined noise exposure from 1-10 traffic and the railroad in excess of 65 db CNEL extended 910 feet from the tracks and 2100 feet at 60 db CNEL. Due to atmospheric conditions, noise levels did not decrease significantly at night. Maximum acceptable noise levels for residential areas identified in the Palm Desert Municipal Code Section 9.24.030 are 55 dba daytime (7:00 a.m. to 10:00 p.m.) and 45 dba night time (10:00 p.m. to 7:00 a.m.). The 60 dba contour measured from Country Club Drive extended 200 feet into the property in 1989 and as a result of increased traffic would extend 296 feet in the year 2000. In 1990, the property owner requested a County Comprehensive General Plan Amendment and Change of Zone from single family residential to Industrial Park. 25 PLANNING COMMISSION RESOLUTION NO. 1794 Although the noise levels for the entire site identified in the project EIR exceeded residential standards the application was denied due to incompatibility with adjacent residential uses, traffic and other unmitigated environmental impacts. Later in 1990, the property owner filed a pre-annexation zoning application with the City for a similar industrial/professional office designation. Due to opposition from surrounding residential uses, the request was denied, annexed as R-1 12,000 and remains vacant. In a similar location adjacent to the tracks and 1-10 east of Portola, a preliminary noise study indicated the necessity for a continuous 18 foot high masonry sound wall to reduce the existing noise level to the re sidential standard. POLICY: Permitted land uses should be compatible with both the physical conditions of the site and surrounding land uses. The zoning on the property should allow uses along the railroad tracks which are compatible with the high noise environment and which act to economically mitigate existing impacts for the southern half of the property. IMPLEMENTATION: The northern 500-600 feet of the property shall be redesignated for an industrial use either Service Industrial (SI) or Planned Industrial (PI). The balance of the property would be designated R-1 (8,000 or 12,000). This .d.esign.would permit noise tolerant uses adjacent to the railroad tracks which would ultimately serve as noise mitigation for the residential zone. The industrial park or service industrial subdivision design would provide for building pads which create a continuous 18 foot high sound barrier. Ideally, primary access to this area could be provided through the existing industrial/office park to the east. Emergency access could be provided from Tamarisk Row Drive. ISSUE It: Commercial property at northwest corner Country Club/Washington. The northwest corner of Country Club Drive and Washington includes approximately 25 acres of vacant land zoned Planned District Commercial (PC-2), five acres at the corner and 20 acres west along Country Club. The completion of the redesigned Washington/1- 10 interchange has stimulated development interest from business oriented to freeway traffic. Specifically these include fast food restaurants (with drive throughs) and gas station/convenience stores. Of primary concern to these businesses is visibility to freeway traffic. Each of these features common to freeway oriented developments are at odds with specific prohibitions with the city's zoning ordinance. 26 i PLANNING COMMISSION RESOLUTION NO. 1794 f I prohibit drive through restaurants. Section 25.56.330uires re All commercial zones p g q a 500 foot minimum distance between gas stations, effectively limiting an k intersection to one station. Since a Mobile station is already on the southwest corner a gas station could not locate on the northwest corner. The current sign code limits freestanding signage to ten feet which is insufficient for freeway visibility. POLICY: Zoning requirements and restrictions should allow for the unique requirements of freeway oriented businesses. IMPLEMENTATION: A Freeway Commercial zone shall be created and added to the City Zoning Ordinance. Areas adjacent or within the immediate vicinity of freeway off-ramps shall be re-designated to this new zone. IL PARKS: ISSUE I: This subarea's large vacant parcel represents the last opportunity to develop a significant regional recreational facility in eastern Palm Desert POLICY: While a regional facility may ultimately be appropriate for this area, other recreation projects dictate that it be a lower priority. IMPLEMENTATION: Feasibility of inclusion of a recreational facility shall be considered in conjunction with any future development proposed for the property. a I 27 k PLANNING COMMISSION RESOLUTION NO. 1794 VICINITY MAP a � H •. � - w COOK STREET Z y\ i W4R111NrTnm .. CTRFFT 28 i L3C 0: 1 `- [� •f ; Hovley lane LEGEND Residential Study Zone To -ter •i•1..:_,:•, �,.4� ':-�:.•::. "iA;j �:::• Office Professional Or Very Low Res. � ` ► lllEl • ` 1 -3 Du/Ac Low Density Res. 1 ( 3- u/Ac lilt 1 Office Professional i Fred Waring Drive F e [EKHREB07 CITY OF PALM DESERT Case No. GPA 97-1 PLANNING COMMISSION RESOLUTION NO. 1794 j j Date March 18, 1997 PLANNING COMMISSION RESOLUTION NO. 1794 r EXHIBIT C i Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: GPA 97-1 , The Project Area 4 Specific Plan -APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: The Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. ` A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if.any, included in the project to avoid potentially significant effects, may also be found attached. MarcTr'I 1997 PHILIP DREL DATE DIRECTOR OF COMMUNITY DEVELOPMENT Am 30 PLANNING COMMISSION RESOLUTION NO. 1795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE IMPLEMENTING RECOMMENDATIONS OF THE PROJECT AREA 4 SPECIFIC PLAN. CASE NO. C/Z 97-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on 18th the day of March, 1997, hold a duly noticed public hearing to consider the amendments to the Palm Desert Zoning Map, Exhibit "A", attached hereto; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No..97-18," in that the Director of Community Development has determined that the project will not have an adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: i i 1 . The land use resulting from the change of zone would be compatible with adjacent proposed land uses and better reflects existing development. 2. The density resulting from the change of zone would be compatible with densities permitted in the adjacent areas. 3. The proposed change of zone implements recommendations of the Project Area 4 Specific Plan, and the adopted Palm Desert General Plan. 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 findings of the commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of Change of Zone 97-3, Exhibit "A", and a Negative Declaration of Environmental Impact, Exhibit "B", as it pertains thereto. PLANNING COMMISSION RESOLUTION NO. 1795 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON NOES: NONE ABSENT: FERNANDEZ ABSTAIN: NONE AMES 4FE25LR30N, Chairperson ////�� PHILIP DRELL, Secretary \ICY/- City of Palm Desert, California 2 Office Professional H111111111 Z, bbld I I I I I N..... . 0. 1 4 0 . -I S,uvu, to .. ................... ... .......... ............... ... ..... .... . C) (3 e, ....... ::.:R-1 91000;::: 010 .S. P.R.-4 3c PW 4,000' to NORTH ZL7Mr CITY OF PALM DESERT Case No. PLANNING COMMISSION RESOLUTION NO. 01EKH-HIMOCT Date PLANNING COMMISSION RESOLUTION NO. 1795 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: C/Z 97-3 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: A change of zone which implements recommendation of the Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities;"zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. P f Mar 19 7 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 4 PLANNING COMMISSION RESOLUTION NO. 1796 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE DISTRICT) AND 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. CASE NOS. ZOA 97-2 AND ZOA 97-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1997, hold a duly noticed public hearing to consider amendment to Chapter 25.14 and 25.76 of the Palm Desert Zoning Ordinance; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to .Implement the California Environmental Quality Act, Resolution No. 97-181" in that the Director of Community Development has determined the amendment to be a Class 3 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify its action as described below: 1 . That the zoning ordinance amendments are consistent with the overall objectives of the zoning ordinance. 2. That the zoning ordinance amendments are consistent with the objectives of the adopted General Plan and implement recommendations of the Project Area 4 Specific Plan. 3. That the zoning ordinance amendments would better serve the public health, safety, and general welfare than the current regulations. 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 consideration of the commission in this case. 2. That it does hereby recommend to city council approval Zoning Ordinance Amendments 97-2 and 97-3, as provided in the attached exhibit, labeled Exhibits "A" and "B". PLANNING COMMISSION RESOLUTION NO. 1796 EPASSED, APPROVED AND ADOPTED by the Palm Desert Planning Commission this 18th day of March, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON NOES: NONE ABSENT: FERNANDEZ ABSTAIN: NONE *JAMEST , Chairperson ATTEST: PHILIP DRELL Secretary Palm Desert P anning Commission I 2 PLANNING COMMISSION RESOLUTION NO. 1796 EXHIBIT "A" RE RESIDENTIAL ESTATE DISTRICT 25.14.020 Principal uses and structures . permitted. The following are permitted uses in any RE district: A. Accessory buildings, uses, and structures, B. Domestic animals; C. Guest dwelling; D. Home occupations subject to the provisions of Chapter 25.66 as modified by 25.14.041 ; E. One single-family dwelling per lot; F. Public parks and recreational facilities; G. Servant quarters; H. Private greenhouses and horticultural collections; I. Temporary uses as prescribed in Chapter 25.64. (Ord. 120 ss 1 (part), 1976: Ord. 94 ss 1 (part), 1975: Exhibit A ss 25.9-2) i 25.14.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Churches, convents, monasteries and other religious institutions; B. Day nurseries and nursery schools; C. Fire stations; D. Public educational institutions; E. Public utility and public service facilities; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; H. Stables for boarding horses; and I. Second unit senior housing subject to the provisions of Chapter 25.21 as modified by 25.14.043 (Ord. 94 ss 1 (part), 1975:Exhibit A ss 25.9-3) 25.14.041 Home occupations exception. A. Home occupations or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet; B. It shall be unlawful to park or store any commercial vehicles on the property with the exception of one pickup truck or van of 1 %z tons or less. 3 I RE RESIDENTIAL ESTATE DISTRICT C. One (1) employee may park his/her vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. 25.14.042 Horses. Horses may be maintained in the RE zone subject to obtaining a permit approved by the Director of Community Development and the following restriction and requirements: A. A maximum of two (2) horses over the age of nine (9) months shall be permitted on a lot 40,000 square feet or larger (total number of horses of all ages shall not exceed four (4); B. Horses must be kept within a corral and enclosed stable of the following minimum dimensions: 1 . Corral: Two hundred eighty-eight (288) square feet per horse; minimum dimensions of twelve (12) feet by twenty-four (24) feet, one third is shaded. 2. Stable: One hundred forty-four (144) square feet, minimum dimension twelve (12) feet by twelve (12) feet per horse. Stable shall be adequately ventilated. C. Barns, corrals or stables constructed to maintain horses shall be located not less than thirty-five (35) feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties- D. Animal manure shall be stored in water tight receptacles and properly disposed of not less than once per week; and E. Barns, corrals or stables shall be cleaned and maintained such that dust, flies and odors shall not be detectable from adjacent properties and not less than once per week. 25.14.043 Second unit senior housing. The second unit may be detached. Floor area shall not exceed 50% of the primary dwelling. 25.14.080 Development standards for one gross acre lots or less, but at least forty thousand square feet net size. All development on lots of one gross acre in size, at least forty thousand square feet net size, as shown on the zoning map, shall comply with the following minimum development standards: A. Minimum lot area shall be forty thousand square feet (net size) as determined by the city council and indicated on the zoning map; B. Minimum front yard 30 feet; C. Minimum lot width, one hundred fifty feet; D. Minimum lot depth, two hundred feet; E. Minimum rear yard, fifty feet; 4 RE RESIDENTIAL ESTATE DISTRICT F. Minimum side yards, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not less than two thousand square feet for all lots at least forty thousand square feet net size; H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be as approved by the planning commission as part of their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979) I 4 i I. 5 1 RE RESIDENTIAL ESTATE DISTRICT EXHIBIT "B" NONCONFORMING LOTS, BUILDINGS-AND USES 25.76.075 Conforming process for legal nonconforming residential uses in residential and office professional zones Legal nonconforming residential uses in R-1 , R-2, R-3 and OP zones may apply for legal conforming status if they are brought into substantial compliance with present 'quality standards. The architectural commission shall receive and review applications for conforming status. As part of their review the architectural commission may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the architectural commission may be appealed to the city council. 6 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: March 18, 1997 CASE NOS: GPA 97-1 , C/Z 97-3, ZOA 97-2 and ZOA 97-3 REQUEST: Approval of 1) A Negative Declaration of Environmental Impact; 2) Project Area 4 Specific Plan; 3) Change of zone implementing recommendations of the Specific Plan; and 4) Amendments to Chapter 25.14 of the Zoning Ordinance for the RE (Residential Estate Zone) and Chapter 25.76 for Nonconforming Lots, Buildings and Uses as recommended by the Specific Plan. APPLICANT: City of Palm Desert I. BACKGROUND: When the Palm Desert Country Club and surrounding areas were annexed in 1994, the City adopted zoning equivalent to the existing County designations with the understanding that we would undertake a comprehensive study of the area to determine where changes were appropriate. A Project Area/Specific Plan citizens advisory committee with representatives from each neighborhood was formed in October of 1995 to work with the City and RDA staff to create a Specific Plan identifying public improvements and service priorities, land use and zoning policies for the area. The attached Specific Plan is a result of monthly meetings over the last 18 months. The Plan divides the study area into six subareas. Within each subarea specific issues were identified and discussed leading to general policies and implementation measures. A. LAND USE AND ZONE CHANGE SUMMARY: The only area identified for land use and zone change involves subarea 1 at the northwest corner of Washington Street and Fred Waring Drive north to Dudley Drive and west to Warner Trail. The changes are designed to better reflect the existing land use and subdivision patterns. STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 These changes include: 1 . Directly at the Washington Street/Fred Waring Drive intersection, designations are being changed from multifamily residential to office professional to reflect the existing commercial office use of the property. 2. One acre parcels on Robin Road, Mountain View and Delaware are being redesignated from low density, R-1 9,000 to very low RE 40,000 consistent with the existing subdivision pattern. 3. Property along Washington Street directly north of Desert Breezes is being redesignated from multifamily to low , density R-1 9,000 consistent with the adjacent parcel. 4. The Washington Street frontage at Mountain View north to Dudley is to be reclassified from High Density Multifamily R-3 2000 to Office Professional. 5. Dudley Drive Area. Dudley Drive is a 500-foot dead-end street which provides access to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well-maintained home on a 1 .H acre estate lot behind the apartment complex. The residential parcels are isolated from Palm Desert Country Club by a ten- foot block wall and only has access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the west will be developed or maintained under the current designations. The property owner of the estate lot .and the vacant parcels has requested professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. 2 , STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the Specific Plan Land Use Designation for this area be changed to Professional Office. In regards to the isolated lot currently zoned R-1 9,000, the issue is further complicated by an apparent error on the County zoning map adopted by the City in 1994. The County had previously approved an apartment project which included this parcel which indicates its zoning to be the R-3 2,000. Due to the configuration of existing land uses and vacant parcels, the zone change to Office Professional (O.P.) should not be processed until a unified precise plan of design is submitted by the property owner showing how an office development will relate to existing adjacent uses. In the absence of a zone change to O.P., the property owner has requested a change for the isolated R-1 parcel to R-3 2,000 consistent with adjacent existing zoning. 6. In subarea 6 north of Country Club, a 115-acre vacant parcel is currently dual designated in the General Plan as low density residential/service industrial. While this designation will not change at this time, the Specific Plan would establish as a matter of policy that within the dual designation the northerly 500 feet of the property would be appropriate for industrial use due the severe noise impacts generated by the railroad. The low density residential (3-5 du/ac) would be appropriate on the southerly portion of the property. It is recommended that actual location of zoning boundaries would be deferred until a precise plan of design is proposed for the respective uses. B. ZOA 97-2 - AMENDMENT TO RE RESIDENTIAL ESTATE DISTRICT. The one acre parcels being proposed for rezoning will be the only area of the City under the RE regulations. Property owners in the area participated in a public meeting with members of the Project Area 4 Committee and staff to discuss how the RE zone could be amended to better fit the existing rural character of the area. 3 STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 The proposed amendments are the result of input from that meeting. These include: 1 . Addition of private greenhouses and horticultural collection to the list of permitted uses. 2. Minor exceptions to the Home Occupation requirements allowing use of an accessory structure, a 1 % ton commercial vehicle and one employee. 3. Provision to allow the keeping of horses. 4. Establishing a 30-foot front building setback and 15 foot minimum side yard. C. ZOA 97-3 - AMENDMENT TO CHAPTER 25.76 NONCONFORMING LOTS, BUILDINGS AND USES. As a result of the proposed rezoning from Multifamily Residential to Office Professional on Washington Street some existing apartment complexes will become legal nonconforming under Chapter 25.76.050. While legal nonconforming uses can be maintained, they cannot be replaced if they are more than 50% destroyed. This non replacement clause prevents owners from obtaining financing. Section 25.76.075 provides a process by which nonconforming residential uses in residential zones can achieve conforming status if they can demonstrate substantial compliance with current quality and maintenance standards. Many projects have completed this process. Some have required significant rehabilitation while other well maintained properties were deemed conforming in their existing condition. Owners also are required to maintain the quality standards to preserve their conforming status. We have been able to encourage more rehabilitation through this provision than any other incentive or enforcement program. Since well maintained apartments are considered compatible with professional offices, the proposed amendment would extend the conformance process to residential uses in the Office Professional zone. 4 STAFF REPORT GPA 97-1, C/Z 97-3, ZOA 97-2 AND ZOA 97-3 MARCH 18, 1997 II. RECOMMENDATION: Adopt findings and approve a Negative Declaration of Environmental Impact, and: 1 . Planning Commission Resolution No. recommending to City Council approval of GPA 97-1 , Project Area 4 Specific Plan. 2. Planning Commission Resolution No. recommending approval to City Council of C/Z 97-3. 3. Planning Commission Resolution No. recommending approval to City Council of ZOA 97-2 and ZOA 97-3. III. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by �— Phil Drell Am 5 COMMENTS REGARDING RESPONSES FOR INITIAL STUDY CASE NOS. GPA 97-1 AND C/Z 97-3 The only proposed land use and zoning designation changes resulting from the Specific Plan involves approximately 200 acres at the northwest corner of Fred Waring Drive and Washington Street. In general, these designation changes are intended to better reflect the existing land use patterns in the area. A. Directly at the Washington Street/Fred Waring Drive intersection, designations are being changed from multifamily residential to office professional to reflect the existing commercial office use of the property. B. One acre parcels on Robin Road, Mountain View and Delaware are being redesignated from low density, R-1 9,000 to very low RE 40,000 consistent with the existing subdivision pattern. C. Property along Washington Street directly north of Desert Breezes is being redesignated from multifamily to low density R-1 9,000 consistent with the adjacent parcel. D. Property from Mountain View north which is currently a mixture of institutional, multifamily, office and vacant uses are being redesignated to professional office. (A zoning ordinance amendment is being processed concurrently to preserve the conforming status of the multifamily use.) At the north side of the area three parcels, of which two are accessible to Dudley Drive, are designated for multifamily and a third land locked parcel is zoned R-1 9,000. Although zoned single family, this third parcel is isolated from the adjacent single family subdivision and only has access to Washington Street. It therefore should be developed in association with the Washington Street professional office uses. Historically offices have been compatible with single family uses. RDA PROJECT AREA 4 SPECIFIC PLAN INTRODUCTION The Project Area No. 4 Specific Plan was initiated by the City and Redevelopment Agency 4 to identify needs for public improvements and services, set funding priorities and reexamine zoning and land use policies. I The planning area covers approximately 2,260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and El Dorado on the west and Country Club Drive on the north. In C addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row (not in a RDA project area). Over 50% of the area is within seven gated residential communities ranging in size from 40 to 640 acres. Indian Ridge Country Club, Palm Desert Resort Country Club, Oasis Country Club, Woodhaven Country Club, Desert Breezes, Whitehawk, and Golden Sun. Palm Desert Country Club, a public street planned residential community, occupies 25% of the area. With the exception of Indian Ridge Country Club, the area has been substantially built-out under Riverside County prior to annexation to the city. I For planning analysis purposes, six subareas have been identified. SUBAREA 1 The northwest corner of Washington Street and Fred Waring Drive, north to Dudley Drive, west to Warner Trail. SUBAREA 2 Palm Desert Country Club - A public street non-gated planned community developed in the 1960's and 70's. SUBAREA 3 Hovley Lane East - A major east-west arterial bisecting the study area. SUBAREA 4 The southwest corner of Country Club Drive/Washington - A diverse mixture of commercial, single family and multifamily uses. SUBAREA 5 The four largest gated communities: Indian Ridge Country Club, Palm Desert Resort Country Club, Woodhaven Country Club and Oasis Country Club. SUBAREA 6 Area between Country Club Drive and 1-10. The area contains the largest tract of undeveloped residential and commercial property. it I RDA PROJECT AREA 4 SPECIFIC PLAN GENERALISSUES 1 . Land Use. Since the planning area is substantially built out with well defined residential neighborhoods and commercial centers, land use conflicts are minimal. Issues remain in area 1 and 6 where significant undeveloped property remains. The plan will identify these issues in the specific subarea discussion. In resolving potential land use conflicts, every attempt will be made to insure both compatibility and economic feasibility of both adjacent uses. 2. Traffic Circulation and Public Works. The area includes three major east-west arterials (Country Club Drive, Hovley Lane East, and Fred Waring Drive) and the west half (Washington Street). As traffic on these arterials increases, new control measures may be required to insure safe ingress and egress from residential side streets and commercial centers. Most of these public streets are over 20 years old, were constructed at less then current design standards and are in need of repair or reconstruction. 3. Parks. The area is not presently served by a public neighborhood park. A private recreation facility owned by the Palm Desert Country Club Association is available to its members, but is under-utilized and may not be ideally suited to meet the changing recreational needs of the community. Each of the gated country clubs provides high quality specialized recreation (golf, tennis, etc.) which may not address all needs of their residents and are not available to the general public. There are a very limited number of available vacant sites for park development. Potential park sites have been identified in subareas 1, 2 and 6. The advantages and constraints of each site will be evaluated in the individual subarea discussions. 4. Bicycle and Golf Cart Paths. With special authority from the state legislation, the City of Palm Desert is pursuing a program to promote electric golf cart usage for general transportation on public streets in designated lanes and routes. With nine golf courses within or in the immediate vicinity, there is a high percentage of golf cart ownership in the project area. The city's long range plan links the project area with the system via Hovley Lane East, Warner Trail and California Avenue. These golf cart routes are also serve as bicycle paths linking the area to the city wide master plan. 5. Housing. Within the gated communities, CC&R's and well organized homeowners associations insure housing quality. Palm Desert Country Club is less rigidly organized and is experiencing some property maintenance problems. The Project Area No. 4 preliminary report identified 356 units that are exhibiting deficient conditions or defined as beginning to exhibit signs of deferred maintenance. There 2 RDA PROJECT AREA 4 SPECIFIC PLAN were 254 units designated as deteriorated, showing signs of structural problems, sagging roof walls or crumbling foundations, broken windows, electrical hazards, etc. Due to the modest nature of its housing stock, Palm Desert Country Club provides a significant opportunity for the provision of affordable single family housing. The State Housing Law, Redevelopment Law, the General Plan Housing Element and the Redevelopment Plan all require the City and Redevelopment Agency to diligently implement programs to promote housing affordability for low and moderate income families. Twenty percent of the property tax increment generated in the project area must be spent for low/moderate income housing assistance. In addressing the City's and Redevelopment Agency's legal obligations and the real housing needs of the residents of the area, priority shall be given to programs which involve rehabilitation of the existing housing stock and single lot infill construction. Multi-unit housing developments will not be considered for RDA assistance until the rehabilitation and single lot infill goals have been met. 6. Residential and Commercial Prooertv Maintenance. Through adoption of the Property Maintenance Ordinance, Ordinance 801 , the City has committed to preserving the quality of both commercial developments and residential neighborhoods. The ordinance will be implemented by a comprehensive city-wide survey to identify substandard property subject to ordinance. Property will be classified into three categories: a. ""Deteriorated". Property falling significantly below acceptable neighborhood standards clearly subject to abatement. b. "At Risk". Properties marginally at or below acceptable standards but showing a clear trend toward deterioration. C. Property which meets acceptable standards. Based on survey results, deteriorated properties will be prioritized for immediate abatement. Owners and tenants will be notified of the nature of their violations, the abatement process and will be referred to the Redevelopment Agency regarding available assistance programs. City staff will be available to provide technical assistance regarding cost effective solutions to typical maintenance problems. "At risk" property owners would also be contacted informing them of their marginal status and of the availability of financial and technical assistance. 3 RDA PROJECT AREA 4 SPECIFIC PLAN Information regarding implementation of property maintenance ordinance shall be made available to the general public via the city newsletter, The Bright Side. 7. Utilities. a. Overhead Power Lines. The area is primarily served with overhead facilities on the major arterials and within Palm Desert Country Club. Service for new subdivisions and the gated country clubs is underground. Some older lines appear to be sagging. While the ultimate goal is to underground all facilities, the costs involved make it a lower overall priority compared to other public improvements. Where funds are available, undergrounding along the arterial roadways will have priority. Undergrounding of neighborhood service lines would be pursued in response to property owner initiated assessment districts. Staff will work with Southern California Edison to identify sagging lines and correct them when possible. b. Wireless Telecommunication Towers. The new wireless telecommunication technology (i.e. PCS Personal Communication Systems) will require installation of antenna towers throughout the city at heights of up to 70 feet. Although the Telecommunication Act passed by the U.S. Congress provides for some degree of local regulation, restrictions cannot have the effect of prohibiting the service. Since current city ordinances do not effectively deal with this issue, a specific telecommunication facility ordinance will be prepared which provides for the least impacting antenna design, heights and location consistent with good service. No towers shall be approved prior to adoption of the ordinance. C. Sewer. Most of the area is served by sewers. City ordinance requires properties to hook up at the time of ownership transfer if sewer lines are available within 200 feet. Palm Desert Country Club Subarea 1 (Robin, Mountain View and Delaware) is not currently served by sewer lines. The city's goal is to extend service to all properties in the study area. The one acre lot size in the Robin Road area allows for more effective use of septic tanks and therefore immediate sewer extension is a lower priority. 8. Drainage. (From Preliminary Report for Project Area No. 4 - Rosenow, Spevacek Group). There are existing storm drain facilities within the Project Area that carry surface water runoff away from the Project Area. Surface water generated within the Project Area is collected and emptied into either the Whitewater River Channel which serves as a major stormwater channel for the City and the Coachella Valley, 4 RDA PROJECT AREA 4 SPECIFIC PLAN or flow in a northerly direction to vacant property in the City where the water percolates into the ground. The Project Area generally has adequate existing drainage facilities to protect the area from flooding. There are, however, areas of localized flooding that need storm drain improvements to reduce the nuisance flooding condition that occurs periodically. The City of Palm Desert's Public Works Department staff have identified three (3) areas within the Project Area which require storm drains in order to eliminate potential flood hazards. These areas include: (1) Warner Trail from Fred Waring Drive to the Whitewater Channel; (2) Fred Waring Drive east and west of Warner Trail; and (3) Washington Street from 42nd Avenue north and south as required. More study may be undertaken in order to determine any additional improvements which are needed. Standing water is evident throughout the Project Area, even during dry periods. A master drainage plan is currently being proposed for the Palm Desert Country Club/Bermuda Dunes area which will provide for the construction and funding of required drainage improvements. 9. Police and Fire Protection. The Palm Desert Police and Riverside County Fire officials indicate that the area is currently adequately served by existing facilities. If the city annexes territory to the east or north, additional police and fire facilities might be necessary to serve this expanded responsibility of the city. 5 RDA PROJECT AREA 4 SPECIFIC PLAN SPECIFIC AREA ISSUES, POLICIES AND IMPLEMENTATION PROGRAMS SUBAREA 1 Northwest Corner of Washington Street and Fred Waring Drive. Due to the unique rural nature of the one acre lot subdivision in this subarea, a questionnaire was mailed to property owners and residents on Mountain View, Delaware, Robin Road and Latisha to determine their opinions and preferences regarding future development and land use. On October 7 a community meeting was held to further discuss issues of concern to this neighborhood. There was nearly a 50% response to the questionnaire and the meeting was attended by over 30 property owners/residents. The recommendations in this section were strongly influenced by the public input provided by the questionnaire and community meeting. I. LAND USE: Existing land uses in this subarea include the following: Desert Breezes, a 75 acre gated planned community with detached single family homes, condominiums and time share units (zoned PR-4, 4 units per gross acres); an area zoned R-1 9,000 (single family 9,000 square foot lot minimum) but divided primarily into one acre lots, to depth of 300 feet, the west side of Washington Street is zoned R-3 2,000 to 4,000 (multifamily with density of 11 to 21 units per acre). There is a small five acre commercial complex at the corner. Nineteen (19) acres directly adjacent north of Desert Breezes is a vacant unsubdivided parcel zoned R-1 9,000 and R-3 2,000. ISSUE I: Zoning Consistency The existing R-1 9,000 zoning is not consistent with the predominant one acre subdivision pattern. Under current zoning, each existing lot could be divided into four parcels significantly changing the rural character of the neighborhood. Several of the existing property owners stable horses which was permitted by the County prior to annexation. The current R-1 zone does not permit horses. POLICY: Zones should reflect the predominant existing land use and subdivision pattern. IMPLEMENTATION: A change of zone shall be initiated for the one acre lot area from R-1 9,000 to RE 40,000 (Estate Residential District) which requires a minimum 40,000 square foot 6 RDA PROJECT AREA 4 SPECIFIC PLAN lot size. The RE zone will be amended to provide for the keeping of horses as a permitted use subject to a non-discretionary regulatory permit. The permit process will include specific limitations on the number of animals and conditions under which they are kept. An inspection program will be initiated through the city's animal control program to enforce these restrictions insuring impacts on adjacent properties are minimized. Building setbacks in Section 25.14.080 shall be modified to create a minimum front setback of 30 feet and minimum side yard of 15 feet. Consideration shall be given to expanded home occupations which are compatible with the rural nature of the area as a conditional use. ISSUE II: Washington Street Frontage To a depth of 300 feet, the Washington Street frontage is zoned for multifamily use. The increasing traffic on Washington Street raises questions concerning the ultimate compatibility and economic viability of small scale multifamily development in this area. In the area there is currently a mixture of uses including offices, a church, school and residential apartments. At the north end near Dudley Drive, there are a number of land locked parcels (including a lot zoned R-1 9,000) which are only accessible via easements to Washington Street. Other than the frontage associated with the 19.5 acre parcel discussed below, there is only one vacant lot with direct Washington Street frontage. POLICY: Land use policy and zoning should encourage uses which are compatible with the high traffic intensity on Washington and the low intensity residential uses to the west. Professional office zones have been shown to provide effective buffer uses between high traffic corridors and low density residential neighborhoods. All the existing developed uses appear to be compatible and should be allowed to continue with full legal conforming status. IMPLEMENTATION: Initiate change of zone for the Washington Street Frontage from R-3 to O.P. The legal conformance process described in Section 25.76.075 of the Zoning Ordinance shall be amended to include multifamily uses in the office professional (O.P.) zone where a finding of compatibility can be made. 7 RDA PROJECT AREA 4 SPECIFIC PLAN ISSUE III: 19.5 acre vacant parcel north of Desert Breezes Property is currently zoned R-1 9,000 and R-3 2,000 (see above discussion). Surrounding property owners have expressed concern about compatibility of the ultimate development of the site. R-1 9,000 translates out to approximately 3.5 units/acre. The R-3 2,000 produces 21 units/acre. Total development potential of the site under current zoning would be 55 single family homes and 99 apartments. Adjacent land uses include an arterial roadway, Desert Breezes at four units/acre and the Robin Road area with one acre lots and one acre lots backing from Mountain View. POLICY: Land use zoning designations should attempt to be compatible with all adjacent land uses. IMPLEMENTATION: OPTION 1 : Rezone Washington Street frontage from R-3 2,000 to R-1 9,000. Maintain balance of property R-1 9,000. Public access to this area shall be from Washington Street. A cul-de-sac shall be created at the end of Robin Road with an emergency vehicle gated access serving both Robin Road and the new subdivision. OPTION 2: Consider redesignation to open space and public acquisition as a neighborhood park (see park discussion). ISSUE IV: Dudley Drive Area Dudley Drive is a 500-foot dead-end street which provides access. to an office building and apartment complex on Washington Street and four residential parcels to the west (three of which are designated multifamily and the fourth single family). There is one poorly maintained single family home west of the office building and a well maintained home on a 1 .66 acre estate lot behind the apartment complex. The residential parcels are isolated from Palm Desert Country Club by an 8-10 foot block wall and only have access to Washington Street via Dudley Drive or a private road to the south. While the adjacent apartment complex is well maintained and successful, it is neither likely or logical that the isolated residential parcels to the 8 RDA PROJECT AREA 4 SPECIFIC PLAN west will be developed or maintained under the current designations. The property owner of the estate lot and the vacant parcels has professional office designation. Homeowners on Cardiff Street have indicated a preference for professional offices over apartments, assuming the project design includes a 20 foot landscaped buffer adjacent to their rear wall. The existing block wall inherently provides a significant sound and visual buffer. POLICY: Based on the overall development trend on Washington Street and property owner preferences, it is appropriate that the General Plan Land Use Designation for this area be changed to Professional Office. IMPLEMENTATION: OPTION 1: The area including the isolated parcel shall be rezoned to Office Professional contingent on the understanding that any office development precise plan includes all vacant properties and demonstrates compatibility with existing adjacent land uses. OPTION 2: The Specific Plan Land use for the area (including the isolated single family lot) shall be redesignated to Office Professional. Due to the configuration of the existing uses and vacant parcels, the zone change to Office Professional should not occur until a unified precise plan is submitted showing how any proposed office development relates to existing adjacent uses. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE I: Left turn access from Desert Breezes to Fred Waring Drive Traffic levels on Fred Waring have made it increasingly difficult and dangerous to left- turn exit from Desert Breezes to eastbound Fred Waring. The large Southwest Community Church facility on the south side of Fred Waring has been designed with its main entrance aligned with the Desert Breezes entrance. 9 r RDA PROJECT AREA 4 SPECIFIC PLAN POLICY: If justified by traffic volume warrants or accident history, left turn access from side streets to major arterials shall be controlled via signals or prohibited by median control structures which allow only left turn entrance but only right turn exit. IMPLEMENTATION: 1 . Conduct warrant study of existing conditions and forecast potential increase for Southwest Community Church to determine feasibility of a signal. 2. Discuss issue with the County and church to determine funding sources. ISSUE II: Multiple left turn access to northbound Washington Street As is the case with Fred Waring Drive, left turn access to Washington is becoming more difficult and dangerous. POLICY: Control left turn exits where traffic levels and accident data warrants. IMPLEMENTATION: 1 . Conduct studies of accident history. 2. In cooperation with the County, design median structures to control left turn exits. ISSUE III: Completion of road improvements for Delaware, Mountain View and Latisha This one acre lot subdivision was originally developed without paved streets. In 1989 Robin Road was paved with curb and gutter pursuant to a County assessment district. Delaware, Mountain View and Latisha will be paved through a South Coast Air Quality Management District PM 10 grant. The grant will not include concrete curb or gutter (asphalt curb will be constructed). 10 RDA PROJECT AREA 4 SPECIFIC PLAN These streets cut through from Washington to Warner Trial. As congestion at the Washington/Fred Waring intersection increases, these newly paved streets will provide a convenient short cut to westbound Fred Waring via Warner Trail. POLICY: 1 . Public streets shall be ultimately improved to city standards including curb and gutter. 2. Local streets shall be designed to discourage non-local through traffic. 11 0 RDA PROJECT AREA 4 SPECIFIC PLAN IMPLEMENTATION: 1 . With the exception of emergency vehicle access, Delaware Place and Mountain View shall be closed to auto traffic 300 feet west of Washington Street prior to the completion of the paving project. 2. Completion of full road improvements including curb and gutter shall be a lower priority and deferred until funding sources become available. ISSUE IV: Street lighting at Fred WaringfWashington intersection (Currently there is no street lighting at the intersection of Washington and Fred Waring Drive) POLICY: All arterial intersections should include traffic safety lighting. IMPLEMENTATION: The City shall coordinate with the County and La Quinta for planning, engineering, funding and installation of safety street lighting at Fred Waring and Washington Street. III. PARKS ISSUE I: The area is not served by any public parks The 19.5 acres vacant site north of Desert Breezes is one of the few large vacant parcels in the study area and provides significant opportunities for recreational development. It is large enough to accommodate a wide variety of facilities designed for all age categories with ample parking. The front 300 feet adjacent to Washington Street could be developed with relatively intensive uses without adversely impacting adjacent properties. The balance of the site would require careful design to address noise, lighting and security concerns of residents of Desert Breezes, Robin Road and Mountain View. While primary access to the park would be from Washington Street, a secondary entrance should also be developed to provide direct access via the interior local street system. A one acre parcel on Mountain View owned by the Coachella Valley Water District may be available as access. 12 RDA PROJECT AREA 4 SPECIFIC PLAN POLICY: All areas shall have convenient access to neighborhood parks designed to meet the specific needs of the residents. IMPLEMENTATION: Establish a neighborhood recreation advisory subcommittee reporting to the Project Area 4 Committee and the Parks and Recreation Commission to determine recreation needs and analyze prospective park sites including the 19.5 acre parcel. Emphasis would be placed on the development adjacent to the Washington Street frontage. If the 19 acre site is determined to be the best alternative, design and funding mechanisms would be created to develop and maintain the facility. Since the site is easily accessible by residents of La Quinta and Indian Wells, joint funding of the facility should be pursued with these cities. HOUSING: By their nature, the one acre parcels do not lend themselves to affordable housing. The primary issue in the area will be to maintain housing quality. POLICY: Through adoption of the Property Maintenance Ordinance the City has committed to preservation of neighborhood quality and improvement of substandard conditions. IMPLEMENTATION: A designated code enforcement officer will identify violations of the Property Maintenance Ordinance and pursue enforcement. See general discussion for implementation strategy. r SUBAREA'2 Palm Desert Country Club The Palm Desert Country Club was developed in the 1960's and 1970's as an ungated, public street senior citizen planned residential community. It includes a 27 hole privately owned full length golf course and a homeowners association community center. The development is predominately comprised of modest two and three bedroom single family homes, many of which back out onto the golf course. 13 RDA PROJECT AREA 4 SPECIFIC PLAN I. LAND USE: The country club is built-out with relatively homogeneous single family homes on 6,000 square foot lots. The current R-1 9,000 zoning requires minimum 9,000 square foot lots in new subdivisions. Commercial development is confined to the southwest Hovley Lane East/Washington Street intersection and Avenue of the States. Multifamily apartments are located in discreet areas on Michigan Avenue, California Avenue and Washington Street. In general, significant land use conflicts are rare. II. TRAFFIC/CIRCULATION: ISSUE: Speed Control The circulation• system for Palm Desert Country Club was designed with long intersecting through streets which have a tendency to encourage speeds in excess of the limit. Speeding problems have been observed on Warner Trail, California and New York/Virginia. POLICY: Given the existing street pattern, there are few effective strategies for lowering speeds other than enforcement. Stop signs which are not justified by cross traffic increase noise, exhaust emission levels, do -not significantly reduce overall speed levels, and foster disrespect for traffic laws. IMPLEMENTATION: 1 . City Engineer shall identify intersections where traffic volumes warrant stop signs. 2. Speed studies shall be conducted to identify priority streets for enforcement. ISSUE: Street Lighting Extensive street lighting was installed throughout the Palm Desert Country Club by the original developer. The lights are maintained through a lighting and landscape maintenance district. 14 RDA PROJECT AREA 4 SPECIFIC PLAN ISSUE: Street Repairs Most of the local streets within Palm Desert Country Club are generally over 20 years old and are in need of repair. The original construction specifications and roll curbs and gutters do not comply with current city standards. POLICY: To the greatest extent feasible, street surfaces shall be brought up to city standards. Although the roll curbs do not meet current city standards, their replacement should not be a high priority. IMPLEMENTATION: A comprehensive street condition study shall be conducted by the Department of Public Works as part of their PMS (pavement maintenance system) program, resulting in a priority schedule for street repairs. Depending on condition, street will be designated for slurry seal, resurfacing or reconstruction. ISSUE: Fred Waring Drive Parkway Improvements With the exception of 1 ,000 feet of new sidewalk between Warner Trail and Elkhorn Trail, the one mile of parkway between Warner Trail and California is devoid of improvements or maintenance other then weed abatement. The rear walls of adjacent homes are inconsistent in terms of material, design and condition. In general, the parkway presents an unacceptable public image for the city and project area along this important arterial. POLICY: All public arterial parkways shall be brought up to current design standards including sidewalks and drought tolerant landscaping and attractive perimeter walls. IMPLEMENTATION:. 1 . Initiate the design process for parkway landscaping including alternatives to economically integrate the existing walls. 2. Investigate possible funding sources for construction and maintenance including community development block grants and assessment districts. 15 RDA PROJECT AREA 4 SPECIFIC PLAN 3. Fence provisions of the property maintenance ordinance shall be enforced where appropriate. 4. Wall and landscape plan shall be designed to discourage graffiti. Graffiti abatement program shall utilize paint to consistently match original wall color. III. PARKS: ISSUE: The area is not currently served by a neighborhood park. The nearest city park facility is at Magnesia Falls and Portola, nearly four miles away. There is a 4.5 acre recreation facility owned and operated by the Palm Desert Country Club Association on California at Avenue of the States, containing two swimming pools, spa, 8,000 square foot building complex, rose garden and parking lot. The facility is primarily oriented towards senior citizens and is under utilized. There are virtually no facilities for children or young adults. Negotiations between the City and the Association concerning acquisition and development of a public park and recreation facility on the site were not successful. There remains some opportunity for City/Association cooperation to improve and expand this facility. Through redesign of the excessively large parking lot and utilization of vacant areas adjacent to the rose garden, additional facilities could be added to significantly increase the public recreational value to the project area. POLICY: Priority shall be given to developing a neighborhood park accessible to and meeting the broad recreational needs of the Palm Desert Country Club residents. IMPLEMENTATION: City and Recreation and Park District staff shall prepare conceptual plans and evaluate the advantages of sites in the specific plan area for presentation to the Parks and Recreation Committee and Project Area 4 Recreation Subcommittee. Depending on the results of that evaluation, the respective property owners would be contacted concerning the availability and terms for use of their properties. HOUSING: The area is.predominately developed with modest single family detached homes built in the 1960's and 70's. While the majority are well maintained, a growing number are falling into disrepair, through neglect, foreclosure or abandonment. The majority 16 i RDA PROJECT AREA 4 SPECIFIC PLAN of the 610 deficient or deteriorated units identified in the Project Area No. 4 Preliminary Report were in this subarea. Less than 40% of the units in the area are owner occupied. This high incidence of absentee ownership may contribute to the growing property maintenance problem. The subarea also includes two older apartment complexes located on Michigan Drive between Idaho and Warner Trail and on California and Elkhorn Trail. These projects serve primarily low and very low income households. The area, which is substantially built out, contains scattered vacant single family lots. POLICY: k Through the General Plan Housing Element, Property Maintenance Ordinance and Redevelopment Plan, the city is committed to preserving housing quality and affordability. The modest nature of the housing stock in Palm Desert Country Club provides a unique opportunity to advance both of these goals. I IMPLEMENTATION: A. A comprehensive survey shall be conducted to locate vacant lots and deteriorated units and identify the occupancy circumstances (i.e. owner occupied, renter, vacant, abandoned, for sale, foreclosure, etc.). Depending on individual circumstances properties will be evaluated for inclusion in the city's RDA's affordable housing program which may include: 1 . Rehabilitation loans for existing low/moderate income owner occupied units. 2. Rehabilitation loans for rental properties when owners commit to low/moderate income rental restrictions. 3. Self-help rehabilitation where RDA purchases deteriorated property, contracts with nonprofit housing corporation to supervise low income home buyers in the rehabilitation of their own homes. 4. Self-help new infill construction. As a secondary priority vacant infill parcels .would be purchased by the RDA and developed through a nonprofit self-help housing program. B. The existing multifamily projects shall be periodically monitored to insure they provide a quality residential environment and to determine if conditions warrant t 17 N i } RDA PROJECT AREA 4 SPECIFIC PLAN public intervention or if opportunities exist for inclusion in the city's affordable housing program. SUBAREA 3 Hovley Lane East This subarea includes only the east-west arterial (formerly 42nd Avenue) which bisects the study area and extends from Cook Street to Washington Avenue. The portion east of Oasis was developed as part of Palm Desert Country Club in the 1960's. The street did not become a functioning uninterrupted arterial until the section between Eldorado Drive and Oasis were completed in 1995 in connection with the development of Indian Ridge Country Club. What had been a relatively quiet access for the adjacent country clubs was transformed into a major east-west alternative to Country Club Drive. I. TRAFFIC/CIRCULATION/RIGHT OF WAY IMPROVEMENTS ISSUE: Speed Control The low level of cross traffic on this arrow straight arterial tends to encourage speeding. POLICY: Targeted enforcement of the posted speed limit shall be the primary strategy for controlling excessive speed. ISSUE: Now that Hovley Lane East has been transformed from a quiet back street to a major arterial, the increasing speed and volume dictate significant design changes, resurfacing and reconstruction of the older portion of the roadway. The south side parkway is undeveloped. Perimeter block walls between Idaho Street and Warner Trail are crumbling and painted with mismatched colors as a result of graffiti abatement. Between Warner Trail and Kansas Street walls are a disorganized combination of block and wood in varying stages of deterioration. Since country club maintenance workers are not allowed to park within the clubs, they are to.park outside the gates on Hovley. On the south side, workers currently drive over the curb and park in the dirt parkway. On the north they park adjacent to the club entrance creating sight obstructions for residents turning onto Hovley. 18 RDA PROJECT AREA 4 SPECIFIC PLAN POLICY: The upgrading of Hovley Lane East shall have first priority for Redevelopment Agency funding. All road improvements designs in the area shall be submitted to the Project Area Committee for review and comment at earliest stage and shall take into account the ultimate design goals for the roadway. IMPLEMENTATION: 1 . Left/Right Turns. Lane striping shall include a center turn lane to facilitate both entrance to and exits from side streets. 2. Where feasible right turn deceleration lanes shall be included. 3. Since Hovley Lane East is the designated golf cart/bike lane access to the study area, it is important to provide for these facilities in the reconstruction design. 4. Reconstruction plan shall provide for ultimate parkway landscaping and sidewalks including a program to encourage a unified perimeter wall design between Idaho Street and Kansas Street. Program would involve financing mechanisms and enforcement of the wall maintenance requirements of the property maintenance ordinance. The ultimate goal shall be an attractive, low maintenance wall and landscape plan designed to discourage graffiti. Anti- graffiti wall coatings shall be utilized to avoid the mismatched paint problem which currently exists. 5. The country club associations shall be encouraged to provide on-site parking facilities for their maintenance employees. Curbs shall be painted red adjacent to country club entrances and side streets prohibiting parking and providing for improved visibility and deceleration/acceleration lanes. 6. The city shall work with the City of Indian Wells and Sunrise Company to complete the mile long south half-street between Oasis Country Club and the Coachella Valley Water District facilities. SUBAREA 4 Southwest corner of Washington Street/Country Club Drive The 160 acres at the southwest corner of Country Club Drive and Washington Street contain a collection of uses including a gated single family subdivision (Whitehawk), a 19 RDA PROJECT AREA 4 SPECIFIC PLAN manufactured housing subdivision (Golden Sun Estates), a partially developed 20 acre commercial center, timeshare development currently operated as an extended stay hotel (Sun Dunes Villas), and two apartment complexes (Royal Palms and Desert Oasis). I. LAND USE: Current development in the area is in general conformance with designated land uses. With the south half of the Whitehawk subdivision currently under construction the only remaining vacant land in the subarea includes seven acres of PC-2 District Commercial property at the corner and 34,000 square feet at the east side of Desert Dunes Villas facing Washington Street. ISSUE I: The seven acres of vacant property associated with the corner commercial center was originally approved as a supermarket site. There has been no interest to develop and market from any of the major supermarket chains. Being adjacent to the redesigned Washington Street/1-10 freeway interchange, the corner is under consideration for designation as yet to be created: Freeway Commercial Zone. This zone would be designed for freeway-oriented traffic and could include provisions allowing drive-through fast food restaurants, gas stations closer than 500 feet apart and high quality tourist serving facilities. POLICY: Land use designation should encourage commercial development oriented to freeway offramp traffic but consistent with Palm Desert's image and quality design philosophy. Gas station site plans shall incorporate reverse orientation where associated buildings occupy street frontage and fueling aisles face inward. IMPLEMENTATION: Designate corner Freeway Commercial Zone. ISSUE II: Directly south of the commercial corner, Sun Dunes Villas is a 48 unit complex originally developed as a timeshare project but what is now managed as an extended stay hotel. The units are all at least 400 square feet and all contain kitchens. Minimum stay is one week with many guests staying 3-4 months. The owners wish to add more units on the 34,000 square foot vacant area fronting Washington. The existing R-3 multifamily zone on the property permits 18 units per acre allowing 20 RDA PROJECT AREA 4 SPECIFIC PLAN approximately 120 units on the five acre site. The existing project density is ten hotel units per acre. The proposed expansion which could include a general upgrading of the entire property is well within zoning limits. POLICY: Older hotels should be encouraged to update their facilities and expand to the extent necessary for economic viability. IMPLEMENTATION: None Required. HOUSING: The subarea contains a wide variety of housing types catering to a broad range of incomes. The properties appear well managed and maintained. POLICY/IMPLEMENTATION: Existing projects will be monitored to insure continued quality and to identify opportunities for inclusion in the city's affordable housing program. SUBAREA 5 Country Clubs This subarea includes four gated country clubs of which Woodhaven, Oasis and Palm Desert Resort are complete. Indian Ridge Country Club has completed approximately one third of their 1280 approved units. I. LAND USE: All the country clubs have been developed pursuant to unified plans and are consistent with city zoning. Internally, homeowners associations regulate and maintain the property quality through their HOA fees and CC&Rs. ISSUE: The main external impact of country club activities is their practice of restricting service and construction worker vehicle access through their gates. As a result, street parking problems often occur adjacent to their rear entrances. This is a particular problem on Hovley East at the Woodhaven entrance where employee cars 21 • • . I RDA PROJECT AREA 4 SPECIFIC PLAN have historically driven over the roll curb on the south side of the street and park in the parkway. POLICY: Gated communities shall be encouraged or required where possible to provide on-site parking for construction/maintenance workers. IMPLEMENTATION: City staff shall work with the respective homeowners associations to develop mutually acceptable parking solutions. II. TRAFFIC/CIRCULATION/PUBLIC IMPROVEMENTS ISSUE: Woodhaven left turn access to Washington Street. Increasing traffic on Washington Street has made left turn exits increasingly difficult. POLICY: Unless strict traffic warrants can be met the preferred solution to side street access to major arterials is median island left turn control versus traffic signals. These median structures typically permit left turn entrance but only right turn exit. IMPLEMENTATION: The City Traffic Engineer shall monitor traffic volumes and accident records and determine appropriate left turn control alternatives in consultation with the Woodhaven Homeowners Association. ISSUE: Lack of parkway landscaping on the west and south side of Palm Desert Resort Country Club When the Palm Desert Resort Country Club was developed in the late 1970's and 1980's there were no provisions within the County conditions of approval for parkway landscaping on the west and south sides, (Oasis Country Drive which didn't exist and 42nd Avenue, now Hovley East). While the developer was required to construct the Oasis half street it was believed that the blowsand impacts from the vacant Indian Ridge site made landscaping impractical to maintain. 22 RDA PROJECT AREA 4 SPECIFIC PLAN In 1985 and 1987 the developer approached the Palm Desert Resorter Association with offers to install parkway landscaping if the association would provide maintenance. These offers were not accepted. POLICY: All residential projects within the city are required to install and maintain parkway landscaping either through their association or a lighting and landscaping maintenance assessment district. IMPLEMENTATION: The City/RDA staff shall initiate discussions with the Palm Desert Resorter Association to investigate available financing alternatives to facilitate installation and maintenance of parkway landscaping. SUBAREA 6 North Side Country Club Although not within the redevelopment project area, the north side of Country Club Drive between Washington Street and Tamarisk Row Drive is functionally a part of the East Palm Desert planning area. It also contains the last large undeveloped residential and commercial properties in the study area. I. LAND USE: ISSUE I: Land use of 115 acre vacant parcel at northeast corner of Country Club Drive and Tamarisk Row Drive The property is currently zoned R-1 12,000 which was consistent with the County zoning at annexation. A noise study on the property conducted in 1989 concluded that combined noise exposure from 1-10 traffic and the railroad in excess of 65 db CNEL extended 910 feet from the tracks and 2100 feet at 60 db CNEL. Due to atmospheric conditions, noise levels did not decrease significantly at night. Maximum acceptable noise levels for residential areas identified in the Palm Desert Municipal Code Section 9.24.030 are 55 dba daytime (7:00 a.m. to 10:00 p.m.) and 45 dba night time (10:OO p.m. to 7:00 a.m.). The 60 dba contour measured from Country Club Drive extended 200 feet into the property in 1989 and as a result of increased traffic would extend 296 feet in the year 2000. In 1990, the property owner requested a County Comprehensive General Plan Amendment and Change of Zone from single family residential to Industrial Park. 23 RDA PROJECT AREA 4 SPECIFIC PLAN Although the noise levels for the entire site identified in the project EIR exceeded residential standards the application was denied due to incompatibility with adjacent residential uses, traffic and other unmitigated environmental impacts. Later in 1990, the property owner filed a pre-annexation zoning application with the City for a similar industrial/professional office designation. Due to opposition from surrounding residential uses, the request was denied, annexed as R-1 12,000 and remains vacant. In a similar location adjacent to the tracks and 1-10 east of Portola, a preliminary noise study indicated the necessity for a continuous 18 foot high masonry sound wall to reduce the existing noise level to the residential standard. POLICY: Permitted land uses should be compatible with both the physical conditions of the site and surrounding land uses. The zoning on the property should allow uses along the railroad tracks which are compatible with the high noise environment and which act to economically mitigate existing impacts for the southern half of the property. IMPLEMENTATION: The northern 500-600 feet of the property shall be redesignated for an industrial use either Service Industrial (SI) or Planned Industrial (PI). The balance of the property would be designated R-1 (8,000 or 12,000). This design would permit noise tolerant uses adjacent to the railroad tracks which would ultimately serve as noise mitigation for the residential zone. The industrial park or service industrial subdivision design would provide for building pads which create a continuous 18 foot high sound barrier. Ideally, primary access to this area could be provided through the existing industrial/office park to the east. Emergency access could be provided from Tamarisk Row Drive. ISSUE II: Commercial property at northwest corner Country Club/Washington. The northwest corner of Country Club Drive and Washington includes approximately 25 acres of vacant land zoned Planned District Commercial (PC-2), five acres at the corner and 20 acres west along Country Club. The completion of the redesigned Washington/1- 10 interchange has stimulated development interest from business oriented to freeway traffic. Specifically these include fast food restaurants (with drive throughs) and gas station/convenience stores. Of primary concern to these businesses is visibility to freeway traffic. Each of these features common to freeway oriented developments are at odds with specific prohibitions with the city's zoning ordinance. 24 RDA PROJECT AREA 4 SPECIFIC PLAN All commercial zones prohibit drive through restaurants. Section 25.56.330 requires a 500 foot minimum distance between gas stations, effectively limiting an intersection to one station. Since a Mobile station is already on the southwest corner a gas station could not locate on the northwest corner. The current sign code limits freestanding signage to ten feet which is insufficient for freeway visibility. POLICY: Zoning requirements and restrictions should allow for the unique requirements of freeway oriented businesses. IMPLEMENTATION: A Freeway Commercial zone shall be created and added to the City Zoning Ordinance. Areas adjacent or within the immediate vicinity of freeway off-ramps shall be re-designated to this new zone. II. PARKS: ISSUE 1: This subarea's large vacant parcel represents the last opportunity to develop a significant regional recreational facility in eastern Palm Desert POLICY: While a regional facility may ultimately be appropriate for this area, other recreation projects dictate that it be a lower priority. IMPLEMENTATION: Feasibility of inclusion of a recreational facility shall be considered in conjunction with any future development proposed for the property. 25 RE RESIDENTIAL ESTATE DISTRICT 25.14.020 Principal uses and structures permitted. The following are permitted uses in any RE district: A. Accessory buildings, uses, and structures; B. Domestic animals; C. Guest dwelling; D. Home occupations subject to the provisions of Chapter 25.66 as`modifiedty 25:14:041;E. One single-family dwelling per lot; F. Public parks and recreational facilities; G. Servant quarters; H. Private'greenhouses"and'horticultural'collections; I. Temporary uses as prescribed in Chapter 25.64.`(Ord. 120 ss 1 (part), 1976: Ord. 94 ss 1 (part), .1975: Exhibit A ss 25.9-2) 25.14:04T Home occupations exception: A Home'occupations'or'associatedsto�agemay tie.conducted in a"dwelling�6r accessory'structure'not to exceed'640'square feet; -B. It shall be unlawful to park�or;store anycommercial Whicles"on'the'property With.the ezcept ion r-f one pickuptruck or van of'.1 '/Vtoneor"less" C One'(1) employee maypark his/her vehicle'on the subject property fo -the _._. purpose of dnving`aVcommercial vehicle to`a remote job site: 25.14.042 Horses: Horses-giay'6e:maintained iiithe'RE zorie'subjectto obtainingla'j a it approved _ �—_ _ by the'Directormof�Communrty Developmentand the;following-restriction and re wrements A. A maz1mum of"fwo'12) horses over th"e age'of ine'(9):months sfirall'tie . _ _ _ permitted on a lot'40,000 square feet or.1arger,(total,numbler, of'horses`of all'ages shall'not ezceed'four'(4); B. -Homes must'be ke'ptwithina corralgand`enclosed'stable of'thb—following minimum_ dimensions: 1 Corral `Two:fiundred eighty=eight`(288)- are-feetsqu perhorse,Fmmimum _.._ �._ _ dimensions'of'iwelve(1-2) feet'by' wenty four 124)'feet, one thirdTis' haded: 2 e:O Stablne hundred.for-t-four-(144)square feet,:minimum'd�mensioh twelve (12)Jeetby!twelve (12)1feet;,per'horse.rStable:shall'be adegiaately .ventilated: C.-bar-s corrals orstables constructed'to maintain'horses'shall`be'located'not less than thirty five'(35)'feet froWany residence orhibitable`structure on thesame lot and not less than"50'feet from'any residence or habitable-structure on adjacent lots'-Barns-, corrals or stables may be'located withirr50 feet—of a"front property line if the finding can be made that the design and appearance of such structures are comps-'ble'--- h- surrounding'propertids; ���� RE RESIDENTIAL ESTATE DISTRICT [R ?'Animal manureshaI1 5e stored7in.water tight Yeceptaclesand;proper1 di"spont s`thannsdfios once pegweek;and ["E.—Barns—corrals or stables shaii'be:cleaned-and'"maintained such:that'dust, flies and odors hall not"be detectable'from adiacentpsoperties"and not`less than.once perweek! 25.14.080 Development standards for one gross acre lots or less, but at least forty thousand square feet net size. All development on lots of one gross acre in size, at least forty thousand square feet net size, as shown on the zoning map, shall comply with the following minimum development standards: A. Minimum lot area shall be forty thousand square feet (net size) as determined by the city council and indicated on the zoning map; B. Minimum front yard"30 feet; C. Minimum lot width, one hundred fifty feet; D. Minimum lot depth, two hundred feet; E. Minimum rear yard, fifty feet; F. Minimum side yards, twenty-five feet fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not less than two thousand square feet for all lots at least forty thousand square feet net size; H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be as approved by the planning commission as part of their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979) 2 i • NONCONFORMING LOTS, BUILDINGS AND USES 25.76.075 Conforming process for legal nonconforming residential uses in residential andWficeiprofessional zones Legal nonconforming residential uses in R-1 , R-2, R-3 and OP zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The architectural commission shall receive and review applications for conforming status. As part of their review the architectural commission may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the architectural commission may be appealed to the city council. RDA PROJECT AREA 4 SPECIFIC PLAN VICINITY MAP y -i w COOK STREET v �o� •. o 3w � .1+' czy ti o a'' a � PWAQMIMrTnm . CTRFFT 26 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 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE PROJECT AREA 4 SPECIFIC PLAN WHICH IDENTIFIES THE NEED FOR PUBLIC IMPROVEMENTS, SERVICES, PRIORITIES, ZONING, AND LAND USE POLICIES FOR APPROXIMATELY 2260 ACRES DEFINED AS REDEVELOPMENT AGENCY PROJECT AREA NO. 4 BOUNDED BY WASHINGTON STREET ON THE EAST, FRED WARING DRIVE ON THE SOUTH, INDIAN WELLS AND ELDORADO ON THE WEST AND COUNTRY CLUB DRIVE ON THE NORTH. IN ADDITION, IT INCLUDES 200 ACRES BETWEEN COUNTRY CLUB DRIVE AND 1-10, WASHINGTON STREET AND TAMARISK ROW. CASE NO. GPA 97-1 . PROJECT AREA 4 SPECIFIC PLAN WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1997, hold a duly noticed public hearing to consider the Project Area 4 Specific Plan; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18", in that the Director of Community Development has determined that the project will not create an adverse impact and a Negative Declaration of Environmental Impact has been prepared; and 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 justify recommending to City Council approval of the specific plan: 1 . The policies and land uses contained within the Specific Plan promote the logical,. orderly and compatible development of the study area. 2. Proposed land use changes better reflect existing development patterns and are more compatible with adjacent uses then existing designations. 3. The policies and land uses described in the Specific Plan are designed to promote the health, safety and general welfare of the residents within the study area and are consistent with the policies of the adopted General Plan. 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. PLANNING COMMISSION RESOLUTION NO. I 2. That it does hereby recommend to the City Council approval of the Project Area 4 Specific Plan and GPA 97-1 including land use map changes, Exhibit "A", and a Negative Declaration of Environmental Impact, Exhibit "B", as it pertains thereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th, day of March, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission f a 2 i -- — `- Lt- } "*k- Hovley lne a - LEGEND • Residential Study Zone To Office Professional Very Low Res. l i ! Ill E I 1 -3 Du/Ac •�► I , Low Density Res. 1 , 3- u/Ac ,_�' j„�_�f,.�: ,.. • .sY Office Professional � Fred I) Waring Drive ^�^ CITY OF PALM DESERT Case No. PLANNING COMMISSION RESOLUTION NO. ��no L�D) Date PLANNING COMMISSION RESOLUTION NO. I EXHIBIT B i Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION i CASE NO: GPA 97-1 , The Project Area 4 Specific Plan APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: The Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A co of the Initial Stud has been attached to document the reasons in support of this PY Y finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. I I I March 18. 1997 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT AM i I 4 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 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE IMPLEMENTING RECOMMENDATIONS OF THE PROJECT AREA 4 SPECIFIC PLAN. CASE NO. C/Z 97-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on 18th the day of March, 1997, hold a duly noticed public hearing to consider the amendments to the Palm Desert Zoning Map, Exhibit "A", attached hereto; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have an adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: 1 . The land use resulting from the change of zone would be compatible with adjacent proposed land uses and better reflects existing development. 2. The density resulting from the change of zone would be compatible with densities permitted in the adjacent areas. 3. The proposed change of zone implements recommendations of the Project Area 4 Specific Plan and the adopted Palm Desert General Plan. 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 findings of the commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of Change of Zone 97-3, Exhibit "A", and a Negative Declaration of Environmental Impact, Exhibit "B", as it pertains thereto. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary City of Palm Desert, California 2 Office Professional r 4. Z- 1411 kbbil . ... .. CT . - 0: to 0,0 o . -V W E m! ................ ................ Ix ...... ......... . ........ :0 , e ..... Z Z: s, i R-1 9,006 ........... z z MLI L" NNW&$ IN. % S. =i '11 P.R.-4 Srim 3w R-3 4,000- CI ;ffice Pt" ional NORTH 12 Date CITY OF PALM DESERT Case No. PLANNING COMMISSION RESOLUTION NO. n QIEM�j L ) PLANNING COMMISSION RESOLUTION NO. EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: C/Z 97-3 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: A change of zone which implements recommendation of the Project Area 4 Specific Plan which identifies the need for public improvements, services, priorities, zoning, and land use policies for approximately 2260 acres defined as Redevelopment Agency Project Area No. 4 bounded by Washington Street on the east, Fred Waring Drive on the south, Indian Wells and Eldorado on the west and Country Club Drive on the north. In addition, it includes 200 acres between Country Club Drive and 1-10, Washington Street and Tamarisk Row. The Director of the Department of Community.Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. March 18, 1997 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE DISTRICT) AND 25.76 NONCONFORMING LOTS, BUILDINGS AND USES). CASE NOS. ZOA 97-2 AND ZOA 97-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1997, hold a duly noticed public hearing to consider amendment to Chapter 25.14 and 25.76 of the Palm Desert Zoning Ordinance; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 3 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify its action as described below: 1 . That the zoning ordinance amendments are consistent with the overall objectives of the zoning ordinance. 2. That the zoning ordinance amendments are consistent with the objectives of the adopted General Plan and implement recommendations of the Project Area 4 Specific Plan. 3. That the zoning ordinance amendments would better serve the public health, safety, and general welfare than the current regulations. 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 consideration of the commission in this case. 2. That it does hereby recommend to city council approval Zoning Ordinance Amendments 97-2 and 97-3, as provided in the attached exhibit, labeled Exhibits "A" and "B". PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED by the Palm Desert Planning Commission this 18th day of March, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" RE RESIDENTIAL ESTATE DISTRICT 25.14.020 Principal uses and structures permitted. The following are permitted uses in any RE district: A. Accessory buildings, uses, and structures; B. Domestic animals; C. Guest dwelling; D. Home occupations subject to the provisions of Chapter 25.66 as -modified 'by 25:14:041 ; E. One single-family dwelling per lot; F. Public parks and recreational facilities; G. Servant quarters; H. Private greenhouses and`horticulturN'collections; I. Temporary uses as prescribed in Chapter 25.64. (Ord. 120 ss 1 (part), 1976: Ord. 94 ss 1 (part), 1975: Exhibit A ss 25.9-2) 25.14.041 Home'occupations'exception: 'A. Home occupations or-associated storage may be conducfed-in a dwelling or accessory _ . . _ structure not'-toexceed`640-square"feet; B. It shall'be unlawful`fopark or tore,any commerciaf:vehicles on"the`propertywith the _._. ._ 4 exception'of one pickup'truck'or van of`1 % tons or less` "C. One_(1) employee may paikEhis/fief vehicleon the suble6t'property for the.pu�pose of driving'a'commercial vehicle'to a remote joti site: 25:14:042 Horses' °Horses may be,maintained'in'the'RE zone'subject to obtaining a permit"approved b__N Director-of'Community'Deveiopment'and the"following'restnction and"requirements: A. A maximum of two (2)'horses over-the age of riine (9) mmonth 'shall be permitted.on aTlof'40,000'square-.feet or larger Itofal_numberof horses of'all ages:shall not exceed four 141; r B:-"H6fses`must'6e`kept within a`corral and enclosed stable ofthe foliowm_g�minimum dimensions: 1 Corral:Two tiundred of tw elve (12)'_feet bstwentye-ifgohutyr-(eight'(288)_square f"ee tper hp a mi_n_inum dimion s 24)Tfeet, one thirdisshaded: ens_ .. - " -2"`Stable One yhyundred'fortyfour 1144)"square feet,"minimum dimension twelve_(1'2) feet'by twelve'(12)-feet per horse 'Stable shall'be adequately:ventilated' 3 RE RESIDENTIAL ESTATE DISTRICT Barris corral stableC,-donstructed to..maiftain horses halI,be Located notless tt55n thirty-five'(3_b}'feet fro am ny residence or habitable structure on t}ie,same lof'and notlees �----_ —•- e— —�— then`50sfeetTfrom;any residence_or;habrtable sfcocture.on adjacent"lots''Ba s�oT stables maybe located Wit iri_50 feet ofafro`nt.property-lmeifathe fmdirig can be"made that the design and-5 earance of_suc- structures a er compatiblexwith`surrounding properties; ,Anim_almanure shail'be stored in ater tight reoepfaclesandproperly disposed of not less"than,once,per,w66k-: nd arns; corfals o tsr a6les shall'becleaned'and ammtained sechahaf st flies and bdb-C hall ho."t`bedetectable fr m 8jacent properfies_and'not�less than once per week: 25.14.080 Development standards for one gross acre lots or less, but at least forty thousand square feet net size. All development on lots of one gross acre in size, at least forty thousand square feet net size, as shown on the zoning map, shall comply with the following minimum development standards: A. Minimum lot area shall be forty thousand square feet (net size) as determined by the city council and indicated on the zoning map; B. _Miniinu_m`front:yardE30"feet; C. Minimum lot width, one hundred fifty feet; D. Minimum lot depth, two hundred feet; E. Minimum rear yard, fifty feet; F. Minimum side yards, tveenty4i+de-feet fifteenT_feet,; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not less . than two thousand square feet for all lots at least forty thousand square feet net size; H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be as approved by the planning commission as part of their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979) 4 RE RESIDENTIAL ESTATE DISTRICT EXHIBIT "B" NONCONFORMING LOTS, BUILDINGS AND USES 25.76.075 Conforming process for legal nonconforming residential uses in residential andrroffice:professional zones Legal nonconforming residential uses in R-1 , R-2, R-3 and OP zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The architectural commission shall receive and review applications for conforming status. As part of their review the architectural commission may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the architectural commission may be appealed to the city council. 5 COMMENTS REGARDING RESPONSES FOR INITIAL STUDY CASE NOS. GPA 97-1 AND C/Z 97-3 The only proposed land use and zoning designation changes resulting from the Specific Plan involves approximately 200 acres at the northwest corner of Fred Waring Drive and Washington Street. In general, these designation changes are intended to better reflect the existing land use patterns in the area. A. Directly at the Washington Street/Fred Waring Drive intersection, designations are being changed from multifamily residential to office professional to reflect the existing commercial office use of the property. B. One acre parcels on Robin Road, Mountain View and Delaware are being redesignated from low density, R-1 9,000 to very low RE 40,000 consistent with the existing subdivision pattern. C. Property along Washington Street directly north of Desert Breezes is being redesignated from multifamily to low density R-1 9,000 consistent with the adjacent parcel. D. Property from Mountain View north which is currently a mixture of institutional, multifamily, office and vacant uses are being redesignated to professional office. (A zoning ordinance amendment is being processed concurrently to preserve the conforming status of the multifamily use.) At the north side of the area three parcels, of which two are accessible to Dudley Drive, are designated for multifamily and a third land locked parcel is zoned R-1 9,000. Although zoned single family, this third parcel is isolated from the adjacent single family subdivision and only has access to Washington Street. It therefore should be developed in association with the , Washington Street professional office uses. Historically offices have been compatible with single family uses. t I i 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346.0611 INITIAL STUDY aWIF2CI E2irAL aMCKLIST I. Background 1. Date 2. Case No. (�p �i '1 } G2 i-7 — — 3. Applicant II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Easth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? .� b. Disruptions, displacements, compaction or ✓ overcovering of the soil? c. Change in topography or ground surface relief features? c� d. The destruction, covering on modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, / mudslides, ground Pallnre, or similar hazards? / Yes Maybe No 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Lr b. The creation of objectionable odors? c. Alteration of air movenent, moisture, or temperature, or any change in climate, either locally or regionally? _ ✓ 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of Water movements, in either marine or fresh waters? _ b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface runoff? — c. Alterations to the course or low of flood waters? d. Change in the amount of surface water in any water body? _ ✓ e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? ✓ f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an . aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public / - water supplies? ✓ i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? y. 4. Plant Life. Will the proposal result in: a. (flange in the diversity of species, or num- ber of any species of plants (including trees, / shrubs, grass, crops, and aquatic plants)? Yes Maybe No b. Reduction of the numbers of any unique, rare or endangered species of plants? ,✓ c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? _ ✓/ d. Reduction in acreage of any agricultural crop? ✓ S. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- / fish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? ,✓ c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? ✓ b. Exposure of people to severe noise levels? / 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? ✓ 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? ✓ Yes Maybe No b. Possible interference with an emergency response plan or an urgency evacuation plan? 11. . Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, / bicyclists or pedestrians? ✓ 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? r b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? / f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Yes Maybe No b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? ✓ b. Exposure of people to potential health hazards? ✓ 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public vied? r/ 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? ✓ 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? ✓ b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially .reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, re- duce the number or restrict the range of a rare or endangered plant or animal or eliminate i Yes Maybe No important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long=term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) r/ c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ IIi, Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL, BE PREPARED. ED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 2, �(-5 Date Signature For . t City of Palm Desert 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346.0611 FAX(619)341-7098 CITY OF PALM DESERT CORRECTION TO LEGAL NOTICE CASE NO.: C/Z 97-3 NOTICE IS HEREBY GIVEN that a correction to Legal Notice dated February 20, 1997 has been made. Parcels indicated in maps 1 &2 below have been added to the Change of Zone 97-3. Parcels North of Cardiff Street indicated on Map I,have been added to the Office Professional zone.Parcels on the Northwest comer of Fred Waring and Washington (Map 2)have been added to Office Professional zone. Public hearing will be held before the Palm Desert Planning Commission to consider a Negative Declaration of Environmental Impact and Change of Zone from R-1 9,000(Single Family Residential,9,000 square foot minimum lot area)to RE 40,000(Estate Residential,40,000 square foot minimum lot area) for lots fronting on Robin Road,Mountain View and Delaware Piece(excluding parcels fronting on Warner Trail and Washington Street)and a change of zone from R-3 2,000(Multifamily Residential)to R-I 9,000 for the easterly 300 feet of Assessors Parcel 637-33-001 fronting on Washington Street and a change of zone from R-3 4,000 and R-3 2,000(Multifamily Residential)to O.P.(Office Professional)for lots beginning on the southwest comer of Mountain View at Washington Street extending north to Dudley Drive(see map). Office Professional �P.C.-(2) .� ryry.Zc. 2. 0. 40 000 c. y: ..,.y. '� �.� ✓ « ::::::::::: -:of�•[ "' I. I ... Remaius: R-1 9.000:::::::.ia eugw wn.�on. - uLl o Ie,l `n\S. ii 11 P.R.-4 NORTH is i�__ "_ rtcemressaa.t II SAID public hearing will be held on Tuesday,March 18,1997,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning commission at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary March 6, 1997 Palm Desert Planning Commission OVER City of Palm Desert 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346.0611 FAX(619)341.7098 February 20, 1997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.:GPA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a Negative Declaration of Environmental Impact and The Project Area 4 Specific Plan identifying needs for public improvements,services,priorities,zoning,and land use policies for approximately 2,260 acres defined as Redevelopment Agency Project Area No.4 bounded by Washington Street on the east,Fred Waring Drive on the south,Indian Wells and El Dorado on the west and Country Club Drive on the north. In addition,it includes 200 acres between Country Club Drive and I-10,Washington Street and Tamarisk Row(not in a RDA project area). Plan includes changes of General Plan Land Use Map for the area generally described as Robin Road,Mountain View,and Delaware Place between Warner Trail and Washington Street from Residential Study Zone to very low density 1-3 units/acre and low density residential 3-5 unitslacre. -1II r[ I�1 ... HovY le• lane.- ,-... a IE.a r � � ...... LEGEND . . . E I{ -- •. Residential Study Zone 1 ': Wt To Office Professional Very Low Res. `I� E 1-3 Du/Ac Low Density Res. g A I 3-5 Du/Ac AST Blitz LL ''•' '••' 1'",�^'1' FRED N,IRMG DR. -' . . .. _�4: .: '�.,::: •. PROJECT AREA (4) Office Professional HIGHWAY rl1 '�- tnue�su`•`'�1 �II Fred Waring Drive t — NORTH SAID public hearing will be held on Tuesday,March 18,1997,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at thc,above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning commission al,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary - February 25, 1997 Palm Desert Planning Commission OVER City of Palm Desert 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)341-7098 February 20, 1997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.:ZOA 97-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Conunission to consider an amendment to Section 25.14(RE,Estate Residential District)of the Zoning Ordinance relating to development standards,the keeping of horses and intensity of permitted home occupations. SAID public hearing will be held on Tuesday,March 18, 1997,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the planning commission at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary February 25, 1997 Palm Desert Planning Commission i RECEIVED RAYMOND A. HmL P. o. Box 1491 MAR 13 1997 PALM DESERT, CALIFORNIA 92261 COMMUNITY DEVELOPMENTDE7ARTMENT j CITY OF PAW DESERT March 12 , 1997 k HAND DELIVERED I Mr. Philip Drell Director, Community Development City of Palm Desert 73-510 Fred Waring Drive PalM Desert , CA 92260-2578 i RE: CASE NO. C/Z 97-3 Dear Mr. Drell: Thank you for your time this morning, March 12 , 1997 , to discuss my property, located within the City' s proposed 1 Zone Change Area. Case No. C/Z 97-3 . i Undoubtedly, you detected my frustration in getting what seems to be the short end of the stick on my parcel , I zoned R-1. For that I apoligize . Unfortunately, I must accept the fact that it was pre-zoned in error by the county prior to the City' s annexation, and move forward with the business at hand. i To summarize this morning' s meeting„ we discussed the following: 1) My parcel ; which City Records indicate is zoned R-1 . I presented evidence that this parcel was included in a County approved, multi-family development zone R-3 , 2000 at the time I purchased the property in 1975 , and should be zoned R-3 , 2000 , as are my other two contiguous parcels . You indicated that it did not matter, that pre-zoning prevailed, (even if wrong) . i I 2) The fact that I attended the City' s public hearings on Case No. C/Z 91-1 and GPA-91-1 , prior to the annexa- tion of the area to the City of Palm Desert , presenting the same evidence indicating that my R-1 parcel should be R-3 , 2000 , resulting in my opinion, with assurances from the Planning Commission that my R-1 parcel would I i f Page II be changed to R-3 , 2000 at the appropriate time, once the annexation was completed. You indicated to me that this was the appropriate time. 3) After the mailing of the correction to the Legal Notice for Case No . C/Z 97-3 , which now included my R-1 parcel , to be zoned "Office Professional" , you informed me that you were withdrawing all of my property from the case until I submitted plans to develop, based on: a. Complaints from a homeowner in the R-1 subdivision west Of my property, on Cardiff Street. b . Due to the configuration of my three parcels . 4) You requested that I write a letter addressing my concerns , and deliver it to you by Friday, March 14 , 1997 . Pursuant to our meeting, I submit the following: Withdrawing my three parcels from the proposed Office Professional zoning, based on lot configuration would appear to be unfounded. Reviewing both the February 20 , 1997 Legal Notice Map and Correction to Legal Notice published March 6 , 1997 , I count 16 and 19 parcels res- pectively, some of which are smaller than my parcels . You suggested that I could sell my parcels , indepen- dently of each other, creating some sort of problem, if the property was zoned Office Professional. As I told you, my three contiguous parcels have been left as independent parcels for tax reasons (Proposition 13) . To properly market and develop my total property, the three parcels will be combined as one,yeilding approximately 3 acres , with Dudley Drive , a 40-foot street as the main access , and the existing 20-foot road easement (Hidden River Road) as emergency access . Currently I have underground electric to the property, 8" VCP sewer, stubbed out into b&y easement road from Tract No. 20 . 750 , and an 8" water main, which terminates at a fire hydrent. The perimeter of the property (3 parcels) has concrete block walls , ranging in height from 6 to 13-1/2 feet , with the exception of approximately 150 feet along the northerly property line. (This is by design -- the wooden fence and the trees provide privacy) , and approxi- mately 130 feet along the easterly property line (which is fenced with 6 foot chain link fencing, also by design, in as much as a portion of this area becomes a part of the cul de sac at the end of Dudley Drive) , once the property is developed and Dudley Drive is extended ( see Parcel Map No. 11739) . Page III Given the fact that my three parcels are 957 walled, with all of the utilities in place, including underground electric , other than combining my three parcels as one , completing the construction of approximately 140 feet of Dudley Drive, and demolishing the existing structures , the property is ready to be developed. I feel that it is certainly appropriate property for the City' s proposed Office Professional. As you indicated to me, this is the appropriate time to be zoned, including the parcel zoned R-1. I plan to attend the public hearing on March 18 , 1997 . I will appre- ciate anything you can do to assist me in having my property rezoned Office Professional . I extend an invitation to you, your staff, and any members of the planning commision, to visit my property, and I will be happy to answer any questions you may have. Thanking you in advance for your assistance . ince ely, Raymond A. Hill RAH: smk r ..4¢ c, Z2 1 I RECEIVED Co 1997 1 ,, � ` C�MHUNfrypE9EiuP5iEP1i�c'AflLiiE?�? cl3 -3 C`fY0Fp.4L=dCE�' ? UU lZ IMCQC � '-1 i � 11_, CrXv�r,r`�n� a �r. Uu VII SIfJ� \r�iovQ�`J-S� . O �o ` coo Nov s -M -6 r-oac c-0-r r i eA v Z i 1 . o-r"8 4- e` 0 t c-^� a.� ve�� Cawcar 1\At�.. cl r c r�5 v Q—s 1 o c lc r �Jc�! rvZc`r—J �— r\.kcs� ve J CGNY�-O�-e.n+2�'�ci � GL C, �J W"C.`��. ` rJ �� GuV��:' � J u S , � p ,_ .. J � �.� 3 . .. i .. i �. ,I iE i I 1 .. . �` � : - .- ! ' - � .. .. . _. , . . . i . _ , j ' � . .. i i I ' � .. � - . . i. 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 - — i TELEPHONE(619)346-0611 INITIAL, STUDY MrIF041ENrAL CIOC KLIST ` I. Background 1. Date 2. Case No. GP -)4 GZ �i7 -3 3. Applicant G; q 1 14 II. Environmental Impacts (Explanations of all "yes" and "maybe" . answers are required, on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosLon of �! soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or / any bay, inlet or lake? ✓_ g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground faliure, or slmLlar hn=rds? _✓" f Yes 6laybe No 2. Air. Will the proposal result in: IL. Subetantial air emissions or deterioration of ambient air quality? b. The creation of obJectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? ✓ 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or fresh waters? — b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface runoff? c. Alterations to the course or low of flood waters? d. Change in the amount of surface water in any water body? LIZ e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g• Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? t- 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, / shrubs, grass, crops, and aquatic plants)? / Yes Maybe No b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- went of existing species? d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, beathic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife habitat? — ✓ 6. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? / 7. light and Glare. Will the proposal produce new light or glare? B. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural — resources? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes Maybe No j b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? _ vz' 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? _ e. Alterations to waterborne, rail or air traffic? f. Increase in traffic ha2a rds to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? ,/' b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including / roads? f. Other governmental services? 15. Energy: Will the proposal result in: / a. Use of substantial amounts of fuel or energy? Yes Maybe No b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? ✓ b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public vies? ✓ 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities?' ✓ 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or / historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect J unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially .reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, re- duce the number or restrict the range of a rare or endangered plant or animal or eliminate Yes Maybe No important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve Short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts Will endure well into the future.) r/ c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact oa each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ III. Determination On the basis of this initial evaluation: I find that the proposed project COULD NDT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there Will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 2- Date Sionature For J PROOF OF PUBLICATION This space is for County Clerk's Filing Stamp (2015.5 C.C.P.) RECEIVED MAR 12 1997 STATE OF CALIFORNIA COMMUNITY DEVELOPMENT DEPARTMENT 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 or interested in the above-entitled matter. I am the principal clerk of the printer of the DESERT SUN PUBLISHING COMPANY, a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside, Proof of Publication of and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California; under the date of March - 24, 1988. Case Number 191236; that the Fnonconforming 0 notice, of which the annexed is a printed copy CITY LEGAL PALM DESERT IFGAI NOTICE (set in type not smaller Than nonpareil), has CASE No.EN t 97-3 E IS HEREBY GIVEN that a public hearing been published In each regular and entire held before the Palm Desert Planning,Com- n to consider an amendment to action I 75 of the Palm Desert Zoning Ordinance issue of said newspaper and not in any g nonconforming multifamily residential I achieve conforming status in the O.P. (Of- supplement thereof on the following dates, to rofessional) zone.ublic hearing will be heId Tuesday, Marchwit: ,at 7:00 ,m. in the Council Chamber at the F Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and ' place all interested persons are Invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall March 8th be accepted up to the date of the hearing. Informa- tion concerning the proposed prol¢d and/or n¢ga-+ rive declaration is available for review in the De- partment address between the louurs of BOO na.m the andb5:00i p.m. Monday through Friday. If you challengge the ) Proposed actions in court, you may be limited to I all in the year 1997. raising only those issues you or someone else raised at the public hearing described in this no- tice, or in written correspondence delivered to the Planning Commission at, or prior to, the public i i certify (or declare) under penalty of perjury hearing. P y P 1 ry PertPHI Planning DRELL,nning C Secretary= Palm Desert Planning Commission that the foregoing is true and Correct. Published: March F, 1997 1 i Dated at Palm Springs, California this 10th day of March , 1997[ SIGNATURE { t i k t s PROOF OF PUBLICATION City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2576., TELEPHONE(619) 346-0611 FAX(619)341 7096 %February i . CITY OF PALM DESERT LEGAL NOTICE CASE NO.: ZOA 97-2 NOTICE IS HEREBY GIVEN that a public hearin 9 . will �rt:be held'before:the Palm D, Planning Commission to consideir an'amendment to'Section 25.14 (RE, Estate Residential'District) of the Zoning Ordinance relating to development standards, the keeping of horses and intensity of permitted home occupations. COUXTY FIB 2 B 1997 •:.i. i' FRANK K.JOk _.. .. .. BY p NSON, Clerk .A. ,,: ' • � ;,.. .. a ,: .C. Seager' . . . Deputy . •t 1 Nep COUNTY CLERK s Ft7ed tier P.R.C.21152 POSTED - E r+? S + FEB 26 4997 BY: # �2 County of Rive WeJtateofl7ahfanpr l SAID public hearing will be held on Tuesday, March 18, 1997,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall,'73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission at, or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary February 25, 1997 Palm Desert Planning Commission { PROOF OF PUBLICATION This space is for County Clerk's Filing Stamp (2015.5 C.C.P.) RECEIVED STATE OF CALIFORNIA '97 FEB 27 Pn B 54 County of Riverside CITY CLERK'S OFFICE I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. 1 am the principal clerk of the printer of the DESERT SUN PUBLISHING COMPANY, a newspaper of general circulation, printed and published in the citw of Palm Springs; County of Riverside, Proof of Publication n! and which newspaper has been adjudged a newspaper of general Circulation by the Superior Court of the County of Riverside, State of California; under the date of March 24. 1988. Case Number 191236; that the No.2192 CITY E .1Ky notice, of which the annexed is a printed copy LEGAL NOTICE 1,fi CASE NO.: 97-2 (set in type not smaller than nonpareil), has NOTICE IS HEREBY GIVEN that a public hearing will be held betore the Palm Desert Planning Commis- been published in each regular and entire sion to consider an amendment to section 25.14 p g (RE, Estate Residential District)of the Zoning Or. issue of said newspaper and not in any dinance relating to development standards, the keeping9 of horses and intensity of permitted home ..cupati o ns. supplement thereof on the following dates, to SAID public hearing will be held on Tuesday, March 18, 1997, before the Palm Desert Planning wit; y Commission a1 7:00 p.m.in the Council Chamber of f the Palm Desert City Hall, 73-510 Fred Waring ' Drive, Palm Desert, California,at which time and l place all interested persons are invited to attend 1 and be heard. Written comments concerning all items covered by this public hearing notice shall February 25th be accepted up to date of the hearing. Information ry , concerning the proposed project and/or negative declaration is available for review in the depart- ment of community development at the above IY address between the hours of 8:00 a.m. and 5:00 P.m. Monday through Friday. If you Chell eng a the proposed actions in court, you may be Iimitad to raising only those issues you or someone else all in the year 1997. wised at the public hearing described In this no- fice,or in written correspondence delivered to the planning commission at, or prior to, the public I certify (or declare) under penalty of perjury Baring. serfPHILIPPlanning nDRELL.ning C Secretary Palm Desert Planning Commission that the foregoing is true and correct. Published: February 25, 1997_ Dated at Palm Springs, California this 25th day of February , 1997. Aof�)_66,F.P SIGNATURE F . PROOF OF PUBLICATION PROOF OF PUBLICATION This space Is for County Clerk's Filing Stamp (2015.5 C.C.P.) (RECEIVED STATE OF CALIFORNIA MAR 12 1997 County of Riverside COMMUNITY DEVELOPMENT DEPARTMENT 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 or interested in the above-entitled matter. I am the principal clerk of the printer of the DESERT SUN PUBLISHING COMPANY, a newspaper•of general circulation, printed and published in the city of Palm Springs, County of Riverside, Proof of Publication of and which newspaper has bear. adjudgad a newspaper of general circulation by the Superior Court of the County of Riverside, State of California; under the date of March - 24, 1988. Case Number 191236; that the notice, of which the annexed is a printed copy No.2340 - - (set in type not smaller than nonpareil), has CITY OF PALM DESERT LEGAL NOTICE been published in each regular and entire NOTICE IS HER CASE NO. ZOA 97-3 EBY GIVEN that a public hearing will be held before the Palm Desert Flannin ,Com- issue of said newspaper and not in any mission to consider an amendment to Section a5lowOng of ice Palm Desert Zoning Ordinance supplement thereof on the following dates, to uses to ech eve conforming status In the O.P. (Of- , wit' SAID ppublic hearing will be held Tuesday March ! 18, 1997,at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring'. Drive, Palm Desert, California,at which time and Place all interested persons are Invited to attend and be heard. Written comments concerning all March 8th items covered by this public hearing notice shall ton accepted tetl up to the date of the hea ring.Informgga- tive tleclarat on iseavai Pa bie fororevlewtlinor neDea. - parimenl of Community Development at the above atld ress between the hours of 8:00 a.m. and above all in the year 1997. P m. Monday through Friday. If you challengC eraihe y propoysetl atil11 t in court, you mey be limited to raisentl a1 those issues you or one else public hearing described in this no-Y I Lice, or in written correspondence dellverI t is the certify (or declare) under penalty of perjury ea �i9g commission at, or prior to, }he public that the foregoing is true and correct. i PHILIP DRELL, Secretary+ Palm Desert Planning Commission' Published: March 8, 1997 Dated at Palm Springs, California this 10th ,. day of March , 1997[ 2� SIGNATURE 1 PROOF OF PUBLICATION