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HomeMy WebLinkAboutC/Z 88-5 July 28, 1988 CITY OF PALM DESERT LEGAL NOTICE CASE NO'S. GPA 88-4, C/Z 88-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by the City of Palm Desert for approval of a Negative Declaration of Environmental Impact and an amendment to the Palma Village Specific Plan and change of zone redesignating two parcels fronting on the north side of Fred Waring Drive between Monterey Avenue and Acacia Drive and a third adjacent parcel fronting onto Acacia Drive from R-2 S.P. (high density residential - specific plan) and R-1 12,000 (high density residential - specific plan) to O.P. (office professional) to permit an office use fronting onto Fred Waring Drive; and a change of zone redesignating four parcels on the east side of Acacia Drive south of Arboleda Avenue from R-1 12,000 to R-3 12,000 to permit construction of a greenbelt and parking lot serving the Towncenter Apartments to the east. Subject parcels more particularly described as: - Lots 1, 19, 20, 21, 22, 23,_24_Pal m Dell Estates M.B. 21/66 , CO, o u o 00 ••y, 6 AV R _1 Cr t2, OO G IANA 808 HP PE 2 0 - -- ' .. '---..JLTURALCENTER II'y. b�EFREf-- R FUNGDR--_ CfOrmed y_..44 th - AVE.NU I • w 0. A I' USA R I n: S 0N6RA " Q. N I f. R L R 1 - _ __ S I E A RA VISTA SAID public hearing will be held on Thursday, August 11, 1988, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun SHEILA R. GILLIGAN, City Clerk July 31, 1988 City of Palm Desert, California C�o�V o� pa�m o 0 o r� 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING 03Nh4IISSION MEETING NOTICE OF ACTICN DATE: July 22, 1988 MR. MICHAE L HQ%T4E P.O. Box 258 Palm Desert, CA 92260 Re: Case No. GPA 88-4, C/Z 88-5 The Planning Camdssion of the City of Palm Desert has considered your request and taken the following action at its meeting of July 19, 1988. APPROVED BY ADOPTION OF RESOLUTION NO. 1302, SUBJECT TO CONDITIONS. CASE NO. GPA 88-4, C/Z 88-5. OUM m. 5-0. Any appeal of the above action may be made in writing to the Director of Carnuunity Development, City of Palm Desert, within fifteen (15) days of the 1:1"^Late-of the decisio RAYON A. DIAZ, SECERARY PALM DESERT PLANNING CavMISSION RAD/fr t rnlvvrEs PALM DESERT PLAMIW. 0"USSION JULY 19, 1988 C. CASE No. CUP 88-4 A request for approval of a conditional use permit to establish a family billiards parlor at 72-200 Painters Path, APN 640-020-019- Charles C. Kirkpatrick. Ms. Sass delivered the staff report, stating that the sheriff's Department had some concerns over the proposed use. Lt. Jake Bowser of the Riverside County Sheriff's Department addressed the commission. He stated that after reviewing the operation with the applicant his original concerns were alleviated. Chairman Erwood opened the hearing for public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. Mr. Kirkpatrick, the applicant, addressed the commission and explained hoax the parlor would be operated and controlled. He showed a drawing of the interior of the billiard parlor. Commissioner Richards stated that he felt the proposal was a good one and the location was appropriate. He reminded the applicant that if a problem did arise the permit could be reviewed and revoked by the city. Camiissioner Ladlow supported the application. Chairman Erwood closed the public testimony. ACTION It was moved by Commissioner Richards, seconded by Commissioner Ladlow that staff be instructed to prepare a resolution of approval for adoption at the next meeting. Motion carried 5-0. D. Case Nos. GPA 88-4 r,c: 8E- A request by the City of Palm Desert for approval of a negative declaration of environmental impact, an amendment to the Palma Village Specific Plan, and a change of zone redesignating two parcels fronting on the north side of Fred Waring Drive between Monterey Ave. and Acacia Drive and a third adjacent parcel fronting onto Acacia Drive from R-2, S.P. and R-1 - 12,000 to 5 T MINUTES PALM DESERT PLANNING CU44ISSICN JULY 19, 1988 office professional, and four parcels on the east side of Acacia Drive south of Arboleda Ave. from ' R-1 - 12,000 to R-3 - 12, 000 to permit construction of a greenbelt and parking lot to serve the Town Center Apartments. Mr. Diaz gave the staff report explaining that this matter was in conjunction with on going discussions and agreements between the city's redevelopment agency, the property owner and the owner of the Town Center Apartments, to help alleviate the parking and aesthetic problems in the area. A site plan of the proposed parking area and landscaping was shorn to the commission. Some questions arose regarding the redevelopment agency and property owner agreements. Mr. Ortega, addressed the commission and answered their inquiries. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. Mr. Tolar, resident on Acacia across from the project spoke in favor of the proposal. Chairman Erwood closed the public testimony. ACTION It was moved by Commissioner Ladlow, seconded by Commissioner Richards to adopt the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Ladlow, seconded by Commissioner Richards to adopt Planning Commission Resolution No. 1302, approving GPA 88-4, C/Z 88-5. Motion carried 5-0. VIII. MISCEIXANDOUS A. Case No. GPA 88-2, C/Z 88-2 AND PP 88-10 - Q76GRovE, HILL, WILSON AND JENSEN TRUST, Applicants Approval of Resolution No. denying approval of general plan amendment 88-2, change of zone 88-2 and precise plan 88-10. This case was presented at the July 5, 1988, meeting at which time the commission directed staff to prepare a resolution of denial. 6 PLAN IM LION RESflWl'I NO. 1302 A RESOLUTION OF THE PLANNING CU44ISSICN OF THE CITY OF PALM DESERT, CALIFORNIA, RECCMNENDIM TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR PROPERTY GENERALLY LOCATED SOUTH OF ARBOLEDA AND NORTH OF kRED WARING DRIVE AND EASTERLY OF ACACIA DRIVE. CASE NO: GPA 88-4, C/Z 88-5 WHEREAS, the Planning Camiission of the City of Palm Desert, California, did on the 19th of Jul 1988 hold a duly noticed public day Y. Y P� hearing to consider the request by CITY OF PALM DESERT for approval of a negative declaration of environmental impact, an amendment to the Palma Village Specific Plan and change of zone redesignating two parcels fronting on the north side of Fred Waring Drive, between Monterey Ave. and Acacia Drive, and a third adjacent parcel fronting onto Acacia Drive from R-2, S.P. (high density residential - specific plan) and R-1 - 12,000 single family residential to O.P. to permit an office use frontirg onto Fred Waring Drive; and a change of zone redesignating four parcels on the east side of Acacia Drive south of Arboleda from R-1 - 12,000 to R-3 - 12,000, to permit construction of a greenbelt and parking lot serving the Town Center Apartments to the east. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested person desiring to be heard, said oo adssion did find the following facts and reascns to exist to justify a recommendation of approval. 1. There are changed circumstances since the adoption of the Palma Village Specific Plan and the current zoning was placed on the property. These changed circumstances include the development of office uses west and south of parcels fronting Fred Waring Drive. In addition, a single individual has acquired control of all the parcels underconstruction enabling the Palm Desert Redevelopment Agency to acquire parcels to provide necessary parking for the legal-non-conforming Town Center Apartments. 2. The proposal will not be injurious to the public health, safety and welfare. The provision of needed parking, coupled with aesthetics improvements to the Town Center Apartments enhancing the general area. 3. The City's development review process assures that the proposed uses will be developed in a manner that will not negatively impact the adjoining properties. 4. Based on the information contained in the initial study a negative declaration of environmental impact should be certified as meeting the requirements of the California Environmental Quality Act of 1970 as amended. PLANNIIIG Q 4u-ssim RESOUMON NO. 1302 NOW, TfWML7RE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, does hereby resolve that it reoamvmds to the Palm Desert City Council that it adopt and approve GPA 88-4, C/Z 88-5. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of July, 1988, by the following vote, to wit: AYES: EMM, DOWNS, LADLOW, RICHARDS, k IITLOM NOES: NONE ABSENfr: NAME ABSTAIN: NONE7c RiCHARD ERWOOD, Chairman ATTEST: �7 / IN A. DIAZ, Sedrot7 /fr 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVEECFM STT STAFF REPORT TO: Planning Cmnissicn DATE: July 19, 1988 CASE NO: GPA 88-4, C/Z 88-5 REQUEST: Approval of a general plan amendment to the Palma Village Specific Plan and change of zone redesignating two parcels fronting on the north side of Fred Waring Drive, between Monterey Avenue and Acacia Drive, and a third adjacent parcel fronting onto Acacia Drive from R-2, S.P. and R-1 - 12,000 to office professional to permit an office use fronting onto Fred Waring Drive; and a change of zone redesignating four parcels on the east side of Acacia Drive south of Arboleda Avenue from R-1 - 12,000 to R-3 - 12,000, to permit construction of a greenbelt and parking lot to serve the Town Center Apartments to the east. APPLICANT: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 I. DESCRIPTION OF SITE: A. LAND USE - All of the land is vacant. B. ZONIWG - Two parcels fronting Fred Waring Drive between Acacia and Monterey Avenue are currently zoned R-2, S.P. (one unit per 4,000 sq. ft. ). - Five parcels from Arboleda southerly to side lot line of parcel fretting on Fred Waring Drive and zoned R-1 - 12,000 (single family residential - 12,000 sq. ft. lots). DESCRIPTION OF SURROUNDING AREA: LAND USE - East - Town Center Apartments - South - Vacant proposed office buildings fronting on Monterey Avenue. - West - Single family residential across Acacia; single story offices fronting Fred Waring Drive. - North - Vacant along Monterey, combination of vacant lots and single family residences along Acacia. PC STAFF REPORT CASE NO. GPA 88-4, C/Z 88-5 JOLY 19, 1988 ZONING - East - R-2, S.P. (High density residential one unit pre 4,000 sq. £t. ) - West - R-1 - 12,000 and O.P. - South - R-1 and O.P. - North - R-1 and R-2, S.P. PLANNING DESIGNATION: The Palma Village Specific Plan designates the parcels fronting Fred Waring Drive between Acacia and Monterey as high density residential, and the parcels along Acacia south of Arboleda as greenbelt. The end result of this proposal would be the providing of parking for the Town Center Apartments, and the re-landscaping of the front of the apartments along Monterey. In addition, the office professional zoning along the north side of Fred Waring would be extended from Acacia to Monterey Ave. The Town Center Apartments were constructed under county standards and never had sufficient parking provided. The widening of Monterey Ave. complicated the parking situation even more. During the Palma Village Specific Plan preparation it was hoped that parking could be provided on the parcels along Acacia; but in a manner that would be compatible to the residential area west of Acacia. It was felt that a deeper setback or greenbelt would accomplish this objective. During the last months discussions have been on going with the properly owners of the site under discussion and the Town Center Apartments. The net result of these discussions would be the acquisition of property by the Palm Desert Redevelopment Agency to resolve the parking problems of the Town Center Apartments and to enhance their appearance along Monterey Ave; and the rezoning of these parcels adjacent to Fred Waring Dr. to office professional. 2 1 ' PC STAFF REPORT CASE ND. GPA 88-4, C/Z 88-5 JULY 19, 1988 II. ANALYSIS: 1. Are there changed circumstances to warrant approval of the request? Staff believes that there are. Funding for such an undertaking was not available at the time the Palma Village Plan was being processed. Secondly, it appeared very doubtful that one individual could acquire both properties long Fred Waring Drive as well as the parcels along Acacia. With the acquisition and canbining of the parcels it is practicable to create office uses and provide appropriate parking. Further, with the development of the single story office complex between Acacia and Arboleda on the north side of Fred Waring Drive offices between Acacia and Monterey would be oc ppatible. 2. Can the proposed uses be designed to resolve the concerns of adjacent Property ors? The precise plan review process, assures an opportunity to provide measures that will resolve concerns of adjoining property owners. III. STAFF RXXT44R UICN• Staff recommends that the Planning Caimission adopt Resolution No. recamiending to the City Council GPA 88-4, C/Z 88-5. Prepare �Y Reviewed and Approved by RAD/fr 3 I i ' PLANNING COMMISSICN LESOL1trION NO. A RESOLUTION OF THE PLANNING 0O4IISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECCM10IDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR PROPERTY GENERALLY LOCATED SOUTH OF ARBOLEDA AND NORTH OF FRED WARING DRIVE AMID EASTERLY OF ACACIA DRIVE. CASE NO: GPA 88-4, C/Z 88-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of July, 1988, hold a duly noticed public hearing to consider the request by CITY OF PALM DESERT for approval of a negative declaration of environmental impact, an amendment to the Palma Village Specific Plan and change of zone redesignating two parcels fronting on the north side of Fred Waring Drive, between Monterey Ave. and Acacia Drive, and a third adjacent parcel fronting onto Acacia Drive from R-2, S.P. (high density residential - specific plan) and R-1 - 12,000 single family residential to O.P. to permit an office use fronting onto Fred Waring Drive; and a change of zone redesignating four parcels on the east side of Acacia Drive south of Arboleda from R-1 - 12,000 to R-3 - 12,000, to permit construction of a greenbelt and parking lot serving the Town Center Apartments to the east. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested person desiring to be heard, said commission did find the following facts and reasons to exist to justify a recommendation of approval. 1. There are changed circumstances since the adoption of the Palma Village Specific Plan and the current zoning was placed on the property. These changed circumstances include the development of office uses west and south of parcels fronting Fred Waring Drive. In addition, a single individual has acquired control of all the parcels underconstrvction enabling the Palm Desert Redevelopment Agency to acquire parcels to provide necessary parking for the legal-non-conforming Town Center Apartments. 2. The proposal will not be injurious to the public health, safety and welfare. The provision of needed parking, coupled with aesthetics improvements to the Town Center Apartments enhancing the general area. 3. The City's development review process assures that the proposed uses will be developed in a manner that will not negatively impact the adjoining properties. 4. Based on the information contained in the initial study a negative declaration of environmental impact should be certified as meeting the requirements of the California Environmental Quality Act of 1970 as amended. 1 PLANNING QNMISSION RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, does hereby resolve that it reoamnends to the Palm Desert City Council that it adopt and approve GPA 88-4, C/Z 88-5. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of Jam, 1988, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RIMARD ER WOOD, ChaJxman ATTEST: RAMON A. DIAZ, Secretary /fr 2