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HomeMy WebLinkAboutEL PASEO PEDESTRIAL OVERLAY C/Z 87-5 1987 PRECINSE PLAN _ TENTATIVE TRACT---- ZONE CHANGE PARCEL MAP VARIANCE C.U.P. -- REFER TO: APPLICANT: LOCATION : — REQUEST: EXISTING ZONE: PREPARATION PROGRESS , DATE BY COMMENTS APPLICATION RECEIVED LEGAL_PUBLICATION SENT v_ NOTICE_S SENT FIELD INVESTIGATION DEPTS. NOTIFIEDv�Ie-� BUILDING ENGINEERING FIRE_ POLICE RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING i STAFF REPORT i I . FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS DATE ACTION VOTE N REVIEW BOARD HEARING co P.C. HEARING PUBLISHED m y _ r P.C. PUBLIC HEARING , n' o cm rmm m o z r CD APPLICANT NOTIFIED n N 'm C.C. PUBLIC HEARING m y � e i ORDINANCE NO. { RESOLUTION NO. � EFFECTIVE DATE j RECORDED FOR DATA- BANK ZONING MAP CORRECTED �s?-�, Ej PGiSeO CbmtnerCtat( 0verl" Zone.. CITY OF PALM DESERT TRANSMITTAL LETTER 1. TO: Honorable Mayor and City Council 11 . REQUEST: Approval of a zoning ordinance amendment and change of zone creating the El Paseo Pedestrian Commercial Overlay zone. Ill. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 87-2 CZ 87-5 V. DATE: August 13, 1987 V1 . CONTENTS: A. Staff recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 87-2 CZ 87-5 E. Planning Commission Resolution No. 1219 F. Planning Commission staff report dated May 5, 1987 ---------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: The proposal as originally recommended by the Specific Plan Project Area Committee and the Planning Commission, was designed to restrict all first floor El Paseo fronting space to pedestrian oriented use. A conditional use permit procedure would apply to other non-pedestrian uses permitted by the C-I zone. After further discussions with the El Paseo Improvement Association Board, the Project Area Committee modified its recommendation to only apply the ordinance to new buildings. This amendment was then incorporated into the Commercial Core Area Specific Plan adopted July 23rd. At this time, the actual ordinance is being brought before the City Council for consideration and adoption. Prepared by i Reviewed and Approved by _ /hs 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AND CHANGE OF ZONE CREATING THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE. CASE NO'S: ZOA 87-2 & C/Z 87-5 WHEREAS, the City Council of the City of Palm Desert. California. did on the 13th day of August. 1987 hold a duly noticed public hearing to consider a zoning ordinance amendment and change of zone creating the El Paseo Pedestrian Commercial Overlay Zone Chapter 25.29. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to exist to justify their actions: I . The proposed amendments are consistent with the Commercial Core Area Specific Plan. 2. The proposed amendments will promote the general welfare of the El Paseo Area by encouraging the concentration of pedestrian oriented retail/service business thus generating higher volumes of pedestrian traffic. NOW. THEREFORE. BE IT ORDAINED 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 findinas of the commission in this case. 2. ZOA 87-2 Exhibit "A" and C/Z 87-5 Exhibit 118" are approved. 3. 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. ORDINANCE NO. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of , 1987 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 i j ANN, AWL iuv T W 7 i E F-2 !� aw •J. Ay T_ � 1 _ Z � t 9 s _ - 1 .( A c a % J v t f G f a1 AM y ILL � WslN 7) _ - C1 .--lfA cl a0 vcx a 0 A. �:. :0 .. sax I. O, v _ _ r0..Y A. 1 O _ - o — :LiIj fn — L O Wo b!% ri D S i; Pnx•m CITY OF PALM DESERT Case No.CZ 87-5 CITY COUNCIL �O � C� ORDINANCE NO.— B Date ` 9 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Camiission DATE: January 19, 1988 CASE NOS: GPA 87-2�C/Z 47-5,IPP 87-20 REQUEST: Approval of a general plan amendment, change of zone, precise plan of design and draft environmental impact report to construct a mixed-use office/residential project consisting of 139,000 square feet of professional office space and 224 apartments on 34 acres at the northeast comer of Cook Street and Havley Lane. APPLICANT: Triad Pacific Development/Chuck Strother P.O. Box 1514 Palm Desert, CA 92261 I. PROPERTY: A. DESCRIPTION OF SITE: The property consists of 34 acres of vacant land with sparse vegetation. A natural rolling terrain approximates a 15'-0" grade differential north to south. B. ADJACENT ZONING AND LAND USE: North: PR-4, S.P./The Lakes Country Club South: S.I., S.P./Palm Desert Business Center East: PR-5/vista del Montanas West: PR-4/Marriott Golf Course C. GENERAL PLAN LAND USE DESIGNATION: Low density residential. II. PROJECT DESCRIPTION: A. GENERAL SITE DESIGN: The proposal is. to develop a mixed-use office and residential project consisting of nine acres/139,000 sq. ft. of office and 24 acres of apartments at nine du/ac. The majority of office parking is placed in an internal courtyard. One hundred feet (1001 ) landscaped setbacks or greenbelts are located along cacmm property lines with residential developments. The major recreational amenity is centered between the two use oanponents to tie then together and be accessible I� � r PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 MR PM 19, 1988 to both. Facilities include swimming pools, spa, tennis courts and a recreation building. The major access to the office complex will be achieved off Cook Street. A secondary access point to benmed parking lots is provided off Havley Lane. The residential portion of the project has access onto Via Cinta at the northern end of the cul-de-sac and onto Cook Street at the northern end of the site. The project will include one and two story office buildings and a combination of one and two story apartments. Professional Offices: The professional offices will be housed in one and two-story buildings containing about 139,000 square feet of floor area on 9 acres of land. This would provide about 60 suites for multiple tenants ranging in size from 1,000 square feet to 3,000 square feet. The largest single building will contain 39,000 square feet of floor space and will not exceed thirty (30) feet in height. This commercial development will provide 556 parking spaces. Lighting will be provided on walkways and on parking lots and by soffit lighting at the entry ways to buildings. The professional offices will utilize 18% of the 9 acres for buildings, 46% for paving including streets, and 36% for landscaping and open space. Residential: The residential portion of the project will contain about 224 multi-family attached apartment units of one and two bedrooms on 25 acres of land ranging from 600 to 900 square feet per unit. The building footprints are set back at varying distances from this property line on the north and east with a minimum of 100 feet of set back. Buildings located on this perimeter will be limited to one story (15 feet) in height. The residential development will have no structure over 28,000 square feet in floor area and will contain structures of one (15 feet) and two stories (25 feet in height). Lighting will consist of soffit entry lighting at the buildings, as well as walkway, parking lot, and tennis court lighting. The residential apartments will utilize 12 percent of the 25 acres for buildings, 15 percent for paving including streets and 73 percent for landscaping and open space. 2 PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JANLMRY 19, 1988 B. ODDE PROVISION IN CHART FORM: Code Requirement Provided Number of limits 225 maximum 224 d.u. Residential height 30 ft. max. 25 £t. Residential parking spaces 448 spaces 448 spaces Residential perimeter setback 20 ft. 100 ft. Residential percent of open space 40% min. 73%- Residential building coverage . 50$ max. 12% Office percentage of open space 36% Office building coverage 18% Office height 30 ft. 30 ft. Office parking spaces 556 spaces 556 spaces Office setbacks: Front 5 ft. 30 ft. Side 0 50 ft. Rear 5 ft. min. Apprx. 250 ft. III. GENERAL PLAN AMENDMERP AND CHANGE OF ZONE: Implementation of the proposed project will require an amendment of the City's General Plan and Zoning Ordinance. General Plan Amendments 1. it is requested to amend the City's General Plan from low density residential, 3-5 dwelling units per acre, to high density residential, ranging from 7 to 18 dwelling units per acre, for the easterly 25 acre portion of the project site (Exhibit A). 2. it is further requested to amend the City's General Plan from low density residential, 3-5 dwelling units per acre, to Office Professional space to be located on the westerly 9 acre portion of the site (Exhibit A). Zoning Ordinance kmendments 1. It is requested to amend the zoning map from Planned Residential, 5 dwelling units per gross acre, to Planned Residential, 9 dwelling units per gross acre, for the easterly 25 acre portion of the project site (Exhibit B). 3 PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JMWM 19, 1988 2. It is further requested to amend the zoning map from Planned Residential, 5 dwelling units per acre, to Office Professional for the westerly 9 acre portion of the project site (Echibit B). Compliance with the goals and objectives listed in the Land Use Element of the General Plan is discussed in detail on page IV17 - IV24 of the Draft EhvirormLental Impact Report prepared for this project. (Smith, Perani & Fox November, 1987/SCii 87-82409) The salient points of the discussion are as follows: Residential: It is apparent that the density range for low density residential is not sufficient to permit the project to proceed, and therefore a change to high density is required. The project proposal is for 9 dwelling units per acre putting it at the lower end of the high density range. The proposed zoning of PR9 establishes density and development standards facilitating this use. Since the land uses adjacent to the proposed project are low density residential gated cmrmodties with walls surrounding then and the setbacks between these developments and the proposed project is 100 feet there is a significant buffer between the projects. The generous setback (10O feet and 1 story height limit on the perimeter) also provides a visual corridor between the two different intensities of residential land use, satisfying to sane extent the need to preserve a visual corridor in the scenic preservation overlay district requirements. The difference between the two residential land uses when regarding intensities and density is not drastic, (see General Plan Objective 1). The low density cluster hones are at a density of 5 units per acre and the Proposed Project is at 9 units per acre. Units proposed in the project will be apartments with no more than two bedrooms each while single family hones are Possibly three or four bedroom hones. Strictly speaking the units are not really omnparable on a one for one basis, as each unit of apartments contains less area and probably less people. In terms of land use intensity there is an increase in intensity, but this is not a significant increase. The proposed project supports a compact land use being immediately adjacent to existing residential and industrial development, complying with General Plan Goals #2, #3, and #5 and Objectives #2 and #4. The Project will provide living quarters and employment in close proximity to one another which promotes compact land use patterns, minimizes and public cost and provides a good living environment for residents. 4 PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JANLMRY 19, 1988 For the residential portion of the project the proposed project supports and furthers the goals and objectives as set out in the General Plan. Professional Office: The Professional Office component of the project is adjacent to the existing industrial and commercial land uses across Hovley Lane and to existing and proposed residential development to the north and east of it, and vacant land designated low density residential to the west. The applicant is requesting the Office Professional Designation for the west side of the project site. This category is contained on the General Plan Land Use Map. This land use designation was created for use as a transition zone between residential and general commercial zones, to buffer residential development from major arterials, and to provide for applications for office space away from the camiercial core areas of the city. The precise plan as proposed would be admissible under the primed office professional designation. The General Plan amendment would designate the 9 acre office portion of the project as office professional. General planning theory reasons that residential development is compatible with office professional land uses. This makes good sense as the high activity times of the two types of development do not coincide and both uses are similar regarding noise generation and are both relatively quiet. Further, the office portion of the project shields the residential areas from traffic noise along Cook Street and particularly from the intersection of Cook Street and Hovley Lane. Visually, the office portion of the project will be much like a residential apartment building with low profile buildings and landscaping. The one story office building at the extreme south west corner of the project site is set back 43 feet form the property line along Hovley Larne, and buildings along the north property boundary are set back from existingresidential uses in excess of 100' providing a visual corridor P Ong east along Hovley Lane and at the north project boundary, satisfying in part requirements of the scenic preservation overlay district. The office buildings surround the parking area, protecting adjacent land uses from noise and contributing towards the protection of the area's visual qualities. . The proposed project is consistent with General Plan Land Use Element Goals and Objectives. C. GENERAL PLAN COALS/PROJECT PROVISION: 5 r A PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JANLMRY 19, 1988 The proposed project supports a compact land use being immediately adjacent to existing residential and industrial development, complying Goals #2, #3, and #5 and objectives #2 and #4. The project will provide living quarters and employment in close proximity to one another which promotes compact land use patterns, minimizes the public cost and provides a good living environment for residents. Goal #1. "Develop relationships between land use mixes within the City that will meet the basic human needs of the City of Palm Desert and the sphere of influence. Project Provision: a. The project provides land use types which relate to one another in a oomplimentary manner. Residences and places of employment will be close to one another. b. The project will compliment the industrial park development along both sides of Cook Street to the south by locating professional offices in an expanding commercial/industrial center. Goal #2. Develop relationships between land uses within the city that will bring city costs and revenues into balance over time. Project Provision: Since the office portion of the project will provide revenues to the city through taxes and the developer is required to pay his fair share of the improvements it appears that this portion of the project will help to balance city costs and revenues. Goal #3. Develop a land use pattern that takes optimum advantage of the city's natural assets including views, mountain areas and the desert floor. Project Provision: The office portion of the project takes advantage of the city's natural assets assuring preservation of the views. 6 PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JANL)ARY 19, 1988 Goal #4. Provide for an orderly balance of both public and private land uses within convenient and compatible locations throughout the city and ensure that all such uses--type, amount, design, and arrangement--serve to protect and enhance the envirc mient character and image of the city. Project Provision: The relationship between the proposed project and existing land uses provides a better balance of land uses with the provision of a greater variety of employment opportunities and opportunities to develop professional land uses related both to adjacent residential and industrial development. Goal #5. Encourage development in the form of incremental extensions of existing developed areas rather than in an uncoordinated 'leap frog' fashion." Project Provision: The project is an extension of existing development. D. GENERAL PLAN OBJECTIVES/PROJECT PROVISION: Objective: "Minimize conflicts between land uses created by drastic variations in intensities of uses, densities and access requirements. Project Provision: a. The project does not create conflicts between the adjoining land uses with regards to intensity of use, density or access. b. The times for intensive use of these types of development do not coincide. C. Noise from this type of development is omparable to residential development and the configuration of the project (100' buffer) keeps traffic noise away from proposed and existing residential development. d. The Office Professional Zone designation is intended to allow offices for administrative and professional land uses of relatively low density which when properly located are compatible with residential development. 7 • A PC STAFF REPORT CPA 87-2, C/Z 87-5, PP 87-20 JANUARY 19, 1988 Objective: Minimize premature public cost through development of a Impact non-sprawling land use pattern. Project Provision: The project proposes relatively compact development adjacent to existing development. Objective: Maintain the character of Palm Desert and create the best possible living envirormLent for residents. Project Provision: The project does create a favorable living environment and will maintain the character of Palm Desert. IV. ANALYSIS• A. FINDINGS FOR APPROVAL OF A ZONE CHANGE: 1. The land use resulting from the change of zone will be compatible with adjacent proposed land uses. 2. The density resulting from the change of zone will be compatible with densities permitted in the adjacent zones. 3. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan. B. FINDINGS FOR APPROVAL OF PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. Justification: The design of the project is acceptable, has architectural preliminary approval, and meets applicable code requirements for this type of facility. 2. The precise plan will not unreasonably interfere with the use of and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Justification: 8 PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JWW" 19, 1988 The surrounding caning is compatible with the use as proposed and adjacent owners would not be deprived the use of their land or be negatively impacted by this development. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. Justification: The project is designed in a manner that will not endanger the public peace, health, safety, or general welfare due to compliance with code requirements and compatibility with surrounding properties- E. ENVimiv NTAL REVIEW: An environmental impact report has been drafted to address areas identified as possibly involving significant adverse impacts of the environment. The areas of greatest concern are traffic, noise, and land use compatibility. The enviro mental impact analysis determined that all significant impacts can be sufficiently reduced or eliminated with the use of mitigation measures. If all mitigation measures are implemented there will be no significant impacts remaining to be dealt with. The specific impacts identified for the above areas of concern along with the proposed mitigation measures are summarized below: Traffic and Circulation: The proposed project will generate about 3350 daily trips which will not result in level of service changes on any of the links analyzed. The project will generate an metal adverse impact on Interstate 10 and State Highway 111. Project related trips will have a cumulative adverse impact on the area. On-site continuous straight aisles facilitate high speeds, and the driveway on Hovley Lane should be altered to avoid congestion on Hovley Lane. Mitigation Measures: ( a) Developer shall contribute to signalizaticn funding, (b) Continuous straight aisles should be eliminated, (c) Offset the driveway on Hovley Lane to the east, (d) Install stop signs at egress points, (e) Provide street lights and sidewalks, ( f) Avoid interference with lines of sight at intersections, (g) Collect the Public Facilities Fee, (h) current city and regional planning efforts are addressing cumulative traffic impacts. 9 A PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JAN[k1RY 19, 1988 Noise: Construction noise impacts on surrounding development will be minimal if they occur during the day. The project will generate an autambile generated audible noise increase along Hovley Lane in the project vicinity and on Porbola Avenue north of Country Club Drive. Mitigation Measures: (a) Short-term noise impacts shall be reduced using city specified laws regarding hours of operation, properly maintained equipment, properly directed noise emitters, careful placing of staging and stockpiling areas, maximizing distances between sources and receptors, (b) Lang-term measures to reduce noise impacts include architectural treatments, location of parking near high traffic area, orientation of structures away from noise sources, shielding of sensitive areas, careful design of truck access and parking areas, and placement of air conditioning plants. Land Use, General Plan, and Zoning: The General Plan and Zoning Ordinance shall require amendment. The project will be carpatible with surrounding development. Mitigation Measures: (a) Amend the General Plan and Zoning Ordinance, and (b) Ensure that the project implements the proposed transition elements. V. CONCLUSION: The proposed project meets or exceeds the municipal code requirements in the requested zone. The project site is located in an area experiencing considerable urban development. Planned or existing development completely surrounds the site. As "infill" development, no extension of services is required so there is no inducement to growth in the area. In areas experiencing growth it is generally found that apartments serve as transitional housing for employees new to an area while they (a) became familiar with and locate a neighborhood to purchase in; (b) persons awaiting a home to be built; (c) young professionals who are located in the area for shorter job assignments than would make home buying ecorrmically gainful. In August 1984, 45 acres of land were designated high density to provide 1200 apartment units. A portion of these units, 104 apartments were designated for a triangular 6 acre parcel on Howley Lane directly east of Palm Desert Business Center. Approved precise plan 84-12 detailed the project. 10 h PC STAFF REPORT GPA 87-2, C/Z 87-5, PP 87-20 JANUAW 19, 1988 on September 25, 1986, a zone change, c/z 86-5, changed the acreage to Service Industrial. This action reduced the area apportioned for apartments within the city and staff noted that the apartments should be apportioned elsewhere in the city to provide for the general plan. A review of the level of service on roadways in the vicinity of the proposed project indicates that level of service changes will not occur as a result of traffic associated with the proposed development plan. The level of service will continue to operate at IOS A after project build-out, defined as extremely favorable progression. All impacts have been mitigated and no statement of overriding concerns is being considered. The applicant is requesting that the planning commission initiate a zoning ordinance amendment to provide for limited ancillary uses in the O.P. zone for such use as a sandwich shop stationary/office supply, photo copy/blueprint, etc., to serve the occupants of the building. Staff recommends amending the ordinance to allow conditional ancillary use that provides for services at a ratio to the office floor area. The intent would be to reduce the need for vehicular flaw off site for supplies, especially food at lunch which could remain pedestrian in nature. VI. RECCK4ENDATION• Staff finds the proposed precise plan acceptable with the conditions attached, therefore, recommends: A. Adoption of the findings. B. Adoption of Planning Commission Resolution No. , recommending approval of the Draft Environmental Impact Report #SCH 87082409 to city council. C. 'pAdoption of Planning Commission Resolution No. recommending approval of GPA 87-2 to city council. D. Adoption of Planning Commission Resolution No. recommending approval of C/Z 87-5 to city council E. Adoption of Planning Commission Resolution No. approving PP 87-20, subject to conditions. VII. ATTACHMENTS: A. Draft resolutions. B. Draft environmental impact report. 11 e • PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING M44ISSIGN OF THE CITY OF PALM DESERT, CALIFORNIA, RE=4-E2,IDING TO THE CITY COUNCIL APPROVAL OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR A MIXED-USE PROJECT CONSISTING OF 139,000 SQUARE FEET OF OFFICE SPACE AND 225 RESIDENTIAL UNITS ON 34 ACRES OF LAND AT THE NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO. SCH 87082409 FOR GPA 87-2, C/Z 87-5 AND PP 87-20 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of January, 1988, hold a duly noticed public hearing at the request of TRIAD PACIFIC DEVELOPMENT to consider approval of a draft Envircrmwrntal Impact Report analyzing 34 acres of land for the above project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be hears, said commission did find the following facts and reasons to exist to justify a reccmTendaticn of approval: 1. The Environmental Impact Report determined the following impacts to exist which can be mitigated as indicated. A. Topography: Balance, cut, and fill on-site. P.W. Conditions: 9 B. Soils and Geology Characteristics: (a) Construction activity must comply with engineers' report, (b) A soils engineer shall ensure compliance with the report, and (c) Steps to reduce blowsand include watering of disturbed areas, phasing of activities to grade as small an area as feasible and provision of tarporary ground cover for graded areas left undeveloped. Section 25 grading. P.W. Conditions: 9 and 19 C.D. Conditions: 19 C. Hydrology: (a) Applicant shall pay the city $4,000 per acre to offset the cost of drainage improvements, and (b) 25 year storm flows shall be retained on-site. C.D. Conditions: 17 P.W. Conditions: 1, 2 and 3 D. Seismic Safety: (a) Development shall adhere to the compaction and construction specifications of the soils engineers study, and (b) Development shall adhere to the most recent Uniform Building Codes per local ordinance. P.W. Conditions: 19 i PLAM ING COMMISSION RESOLUTION NO. E. Climate and Wind: (a) Water conservation measures shall be incorporated in the project, (b) Energy conservation measures shall be incorporated in the project, and (c) Mitigation measures for blowsand prevention shall be incorporated. Section 25. F. Biological: The developer shall be required to pay fees to mitigate the impact on the Fringe-toed Lizard. C.D. Conditions: 6 G. Cultural Resources: Should archaeological resources be uncovered during grading, this activity shall cease, the city shall be notified, and archaeological study of significance will be conducted, and mitigation measures shall be applied if necessary. Per state law. H. Groundwater: (a) Water conservation measures shall be implemented, (b) Mitigation measures for drainage control shall be incorporated, and (c) Grading shall be minimized and phased, and the applicant shall submit a Water Erosion Control Plan with the Grading Plan. P.W. Conditions: 2, 3 and 9 C.D. Conditions: 24 I. Land Use, General Plan, and (a) Amend the General Plan and Zoning Ordinance, and (b) Ensure that the project implements the proposed transition elements. PP 87-20 staff report. Site plan. C.D. Conditions: 1 through 26 P.W. Conditions: 1 through 20 Fire Marshal Conditions. J. Population: None. K. Traffic and Circulation: (a) Developer shall contribute to signalization funding, (b) Continuous straight aisles should be eliminated, (c) Offset the driveway on Hovley Lane to the east, (d) install stop signs at egress points, (e) Provide street lights - and sidewalks, (f) Avoid interference with lines of sight at intersections, (g) collect the Public Facilities Fee, (h) current city and regional planning efforts are addressing cumulative traffic impacts. 2 PLANN3M CCHMESSION RFSOIL)TION NO. P.W. Conditions: 1, 8, 10, 13, and 15 C.D. Conditions: 3 and 20 L. Public Transportation: (a) Provide a bus stop with improvements, (b) Provide a waiting shelter, bench, and trash receptacle. C.D. Conditions: 21 M. Air Quality: (a) Implement regional air quality management plans, (b) Notify regional planning agencies of this project's status, and (c) Implement mitigation measures for blowsand and energy consumption, and (d) Encourage other means of transportation and measures relevant to reducing vehicle trips and traffic congestion. C.D. Conditions: 22 and 25 Section 25. N. Noise: (a) Short-term noise impacts shall be reduced using city specified laws regarding hours of operation, properly maintained equipment, properly directed noise emitters, careful placing of staging and stockpiling areas, maximizing distances between sources and receptors, (b) Long-term measures to reduce noise impacts include architectural treatments, location of parking near high traffic areas, orientation of structures away from noise sources, shielding of sensitive areas, careful design of truck access and parking areas, and placement of air conditioning plants. C.D. Conditions: 23 O. Electrical Supply: (a) Underground power lines, (b) Energy consumption reduction measures shall be incorporated. C.D. Conditions: 11 and 13 P. Natural Gas: Gas conservation measures shall be incorporated. Title 24 CAC. Q. Energy Conservation: (a) Reduce gasoline consumption by facilitating other modes of transportation, and (b) Reduce electricity consumption by ensuring U3C specifications are met, energy efficient appliances are used, and by maximizing the use of shade features. Title 24 CAC. C.D. Conditions: 21, 22, and 25 3 + I PLANNIM COMMISSION RESOLUTION NO. R. Water: a Use water efficient 1 and b Use water ( ) landscaping, ( ) conserving fixtures and appliances. C.D. Conditions: 4 and 24 S. Sanitary Sewers: (a) The developer shall pay $430,920 for sewerage treatment to the Coachella Valley Water District, and (b) On-site facilities constructed for the project may be required which shall be conveyed to the Water District. C.D. Conditions: 4 T. Communications: Underground cable and telephone lines. C.D. Conditions: 13 U. Police Protection: (a) Provision of police services is mitigated by other planning activities, (b) Landscaping and lighting plans shall consider security lighting, and (c) Structures shall have security alarms. C.D. Conditions: 26 V. Fire Protection and Paramedic Services: (a) No structure may be more than 150 feet from a street, (b) Emergency gates shall have automatic controls, (c) Sprinklers shall be used in buildings of over 5,000 square feet, (d) Fire hydrants shall be within 250 feet of all points on buildings, (e) Each sub-went of the project shall have two vehicle access points, and (f) The Uniform Fire Code and National Fire Code requirements shall be met. C.D. Conditions: 4 Fire Marshal Conditions: 1 through 8 W. Recreation: (a) Applicant shall pay the public facilities fee, and (b) A bicycle path shall be provided in the landscaped setback. C.D. Conditions: 3 and 25 X. Schools: The applicant shall pay the school facilities mitigation fee. C.D. Conditions: 10 Y. Aesthetics/Light and Glare: (a) Shield on-site lighting from adjacent residential development, (b) Place landscaping to reduce glare directed at adjacent residential development, (c) Should the entire site be graded, it is reccmnerded that the 4 a PLANNING COMMISSION RESOLUTION NO. 100, setback be fully landscaped, (d) The 100a setback shall be retained of the northern and eastern boundaries of the project. and (e) Two story structures shall be set back 250' from adjacent residential property lam• C.D. Conditions: 11 2. If all mitigation measures are implemented, there will be no significant impacts raining to be dealt with. 3. All significant impacts can be sufficiently reduced or eliminated with the use of said mitigation measures. NOW, THEREFORE, BE IT RESOLVED by the Planning ConniSsiCn of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and o stitute the findings of the commission in this case. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of January, 1988, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RI(}IARD IItW00D, Chairman ATTEST: RAIN A. DL?1Z, Secretary /tm 5 PLANNING COME MION RESOLUTION NO. A RESOLUTION OF THE PLANNING CMUSSION OF THE CITY OF PALM DESERT, CALIFORNIA, REM+MNDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN ANgTIDNffNT FOR 34 ACRES OF LAND AT THE NORTHEAST CORNER OF COOK STREET AMID HOVLEY LANE. CASE NO. GPA 87-2 WHEREAS, the Planning Camnission of the City of Palm Desert, California, did on the 19th day of January, 1988, hold a duly noticed public hearing to consider a request by TRIAD PACIFIC DEVELOPMENT for approval of a general plan amendment affecting 34 acres at the northeast corner of the intersection of Cook Street and Hovley Lane. The City of Palm Desert General Plan will be amended from low density residential, 3-5 dwelling units per acme, to high density residential, ranging from 7 to 18 dwelling units per acre, for the easterly 25 acre portion of the project site. It is further requested to amend the City's General Plan from low density residential, 3-5 dwelling units per acre, to Office Professional space to be located on the westerly 9 acre portion of the site; 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. 80-89," in that an Environmental Impact Report has been prepared which concludes that all project impacts can be mitigated. Mitigation measures are included as conditions of approval; 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 a reccmT endaticn of approval: 1. The development proposal will develop relationships between land use mixes within the city that will meet the basic human needs of the City of Palm Desert and the sphere of influence. 2. The development proposal will develop relationships between land uses within the city that will bring city costs and revenues into balance over time. 3. The development proposal will develop a land use pattern that takes optimum advantage of the city's natural assets including views, mountain areas and the desert floor. 4. The development proposal will provide for an orderly balance of both public and private land uses within convenient and compatible locations throughout the city and ensure that all such uses--type, amount, design and arrangement--serve to protect and enhance the envisvnment, character and image of the city. S. The development proposal will encourage development in the form of incremental extensions of existing developed areas rather than in an uncoordinated 'leap frog' fashion. a c PLANNING C34IISSION RESOLVrION NO. 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 ocmaission in this case. 2. That a negative declaration of environmental impact, Exhibit "A", is hereby recamiended for approval. 3. That Exhibit "A" attached hereto delineating the area and the proposed land use designations, as well as circulation. system for the area is hereby recommended for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning CamLission, held on this 19th day of January, 1988, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RIc3ARD ERWOOD, c�airman ATTEST: RAMON A. DIAZ, Secretary /tin 2 3015tl3n1tl d0 A1NOoo, �� I''I 11WI1 Al IO Atl3530 n1Yd - - 3tl3M II'1. tort' •'�I i;' .__.. ..__. __ -_ _.._ _ .I"1_ 11' � III I 1 n 11 5 _ •� it f1111' `= ;: „ �� __�I.Y •: �I �'�•� �..:--s- :_, � ,-_I=��lf� - �I, I— ``\' OVx •`;- --_ r.- f JL_! i fly ci p_ F Ir f1t ry CITY OF PALM DESERT Case No. a CITY COUNCIL GEN. PLAN AMEND. RESOLUTION NO, _N-UM [�ll �T S Date ni - is - g,(P-) PLANNING OOM ISSION RESOLUrICN NO. A RESOLUTION OF THE PLANNING OO4v9ISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RE(XNI011DING TO THE CITY ODUNCIL APPROVAL OF A CHANGE OF ZONE FOR 34 ACRES OF LAND AT THE NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO. C/Z 87-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of January, 1988, hold a duly noticed public hearing to consider a request by TRIAD PACIFIC DEVELOPMENT for approval of a change of zone to amend the z tying map from Planned Residential, 5 dwelling units per gross acre, to Planned Residential, 9 dwelling units per gross acre, for the easterly 25 acre portion of the project site; and to amend the zoning map from Planned Residential, 5 dwelling units per acre, to Office Professional for the westerly 9 acre portion of the project site; 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. 80-89," in that an Emrircrrmental Impact Report has been prepared which concludes that all project impacts can be mitigated. Mitigation measures are included as conditions of approval; 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 a recommendation of approval: 1. The proposed zoning is consistent with the current zoning and development patterns, the proposed Palm Desert General Plan for the area and the proposed North Sphere Specific Plan. 2. The proposed zoning protects the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Exhibit "B" attached hereto delineating the area and the proposed zoning for the area is hereby recommended for approval. PLANNING OCM aSSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of January, 1988, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD ER4a M, Chairman ATTEST: RAMON A. DIAZ, Secretary /tin 2 „ 10IS83AIU lO AINOOD' Llw,l A11O 1H3530 nlVd ��.���.�.��.....3113H fL 1`- � 1Jf” •. ICI' �__ N •II i i' r } I, -y I won c. _ .l tl I .,. i t �• -i �._..___•'���i— � 1 3 3H 1 5 N 0 0 0 qj N n 7 �� asIt ps Ir f.1 - _,r ,4_-, �� .�•• �,rr �;.�`LIB( ", .• 3 fWT F d « q O nfj •+'1 `� rr: H E _ (1:• \ f`• 4 . �fy Git n' v it b .� / .S I' I ¢ •,• ^T^ CITY OF PALM DESERT Case No.('r� PLANNING COMMISSION RESOLUTION NO. � VMH [PID P7 Date ol - lq -SF� • I PLANNING COMMISSICN RESOLUTION NO. A RESOLUTION OF THE PLANNING CY.MvIISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECQ+TIDING TO CITY COUNCIL APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF 139,000 SQUARE FEET OF OFFICE SPACE AND 224 RESIDENTIAL UNITS IN A MIXED-USE DEVELOPMENT ON 34 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO. PP 87-20 WHEREAS, the Planning Camission of the City of Palm Desert, California, did on the 19th day of January, 1988, hold a duly noticed public hearing to consider the request of CHUCK STRO=/TRIAD PACIFIC DEVELOPMENT for the above project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Envirmnental Quality Act, Resolution No. 80-89," in that an envircm ntal impact report has been prepared which concludes that all project impacts can be mitigated. Mitigation measures included as conditions of approval; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reascns to exist to justify granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 connission in this case; 2. That approval of Precise Plan 87-20 is hereby granted for reasons subject to the attached conditions. 1 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Coamissicn, held on this 19th day of J ar 1988, by the follaaing vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RTaiARD ER WD, diairmen ATTEST: RAMJN A. DIAZ, Secretary /tm 2 PLAtNIM CM44 SSICN RESOLUTION M. CONDITIONS OF APPROVAL CASE NO. PP 87-20 Department of Camnmity Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Castruction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural CaTmission City Fire Marshal Public Works Department Palm Desert Water & Services District Palm Desert Disposal Department of Building & Safety Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant agrees to pay a future reasonable assessment for Cook Street hits including bridges at Interstate 10 an the M-itewater Channel. 6. Payment of lizard mitigation fees shall be paid prior to issuance of grading permit. 7. All future occupants of the building shall comply with parking requirements of the ordinance. 8. . Project shall. be subject to Art in Public Places fee per Ordinance No. 473. 3 r PLANNIM CDNNIISSION RESOLEITION NO. 9. Trash provisions shall be. approved by applicable trash company and city prior to issuance of building permit. 10. Project shall pay school impact mitigation fees as arranged with the Desert Sands Unified School District. 11. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting e.gingar, 12. All roof-mounted mechanical equipment shall be screened from all sides with materials similar to building walls. 13. All on-site utilities, including cable television, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the director of community development. 14. Only delivery diesel trucks built after 1974 shall be used. 15. All mitigation measures identified in the Environmental Impact Report, prepared November, 1987, shall be met unless specifically waived by the Planning Commission and/or City Council. 16. Applicant shall pay fire facilities fees to offset the costs of increased services. 17. Applicant shall pay drainage fees to offset the cost of drainage improvements. 18. Twenty-five year storm flows shall be retained on-site. 19. Mitigation measures for blowsand prevention shall be provided. 20. Applicant shall contribute to signalization funding. 21. Applicant shall provide a bus stop with improvements, a waiting shelter, bench and trash receptacle. 22. Applicant shall provide parking facilities for bicycles to meet air quality mitigation measures and energy oonsexvation concerns and tie in with provided bicycle path. 23. Architectural treatments shall be provided on residential units to reduce noise to a level not to exceed 65 ldn (approximately 195' from Cook Street and 117' from Hovley Lane). 24. Water efficient landscaping shall be provided as per approved plan. 4 PLANNING CO MISSION RESOLUTICN NO. 25. Applicant shall provide an eight foot wide meandering bicycle path in the 100 foot landscape setback on the northern, eastern and southern perimeter of the project. 26. Structures shall have security alarms. Department of Public Works: 1. Drainage and signalizaticn fund fees, as required by city ordinance, shall be paid prior to issuance of grading permit or approval of final map, whichever occurs first. 2. Drainage facilities shall be provided, per ordinance no. 218 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. Full public improvements, including traffic safety lighting as required by ordinance and the director of public works, shall be installed in accordance with city standards. 5. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before constriction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 6. All private streets, driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 7. Landscaping maintenance on Via Cinta, Hovley Lane and Cook Street shall be provided by the property owner. 8. Traffic safety striping on Cook Street shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public corks before placing pavement markings. 9. Complete grading plans and specifications shall be submitted, as required by ordinance, to the director of public works for checking and approval prior to issuance of any permits. 10. Installation of curb and gutter, matching paving and eight foot wide 5 ' PLAMMG CCWMION RESOLUTION NO. meandering sidewalk on Cook Street, and six foot wide sidewalk on Hovley Lane and Via Cinta. 11. Waiver of access to Cook Street and Hovley Lane except at approved locations shall be granted on the final map. 12. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to recordation of the final map. 13. ' Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Cade. 14. Installation of one-half landscaped median in Cook Street or cash payment for one-half the cost of landscaped median at the option of the director of public works. 15. Traffic analysis to the prepared for the project to address the specific impacts on existing networks (street and intersections) and then proposed mitigation measures reed for approval by the city. 16. Size, number and location of driveways to public works specifications with only four driveway approaches to be allowed to serve this property. 17. Complete parcel map shall be submitted as required by ordinance to the director of public works for checking and approval and be recorded before issuance of any permits. 18. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the department of public works. 19. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the department of public works prior to issuance of the grading permit. 20. Applicant shall agree to contribute their fair share to the assessed costs for the Cook Street a tensions and Bridge Fund. Fire Marshal ; 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 6 1 PLANNIM COMMISSION RESOLUTION M. 2. Install Riverside County super fire hydrants so that no point of any building is more than 200 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction from each hydrant- C. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company with the following certification: "I certify that the design of the water system in PP 87-20 is in accordance with the requirements prescribed by the fire marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. All buildings over 5,000 square feet require an approved fire sprinkler system. 8. Residential portion requires 2500 GPM fire flow for 2 hour duration and 250 feet spacing on fire hydrants. /tm 7 4 n e`F:�•g a:K``� .~ r.:._r� C� �;% 2 ° �� C@-mac •'is'!.�;�,:A;'�'� i 73-510 F?EGN,`AhING DRIVE, PALM DESERT, CALIFORNIA92260 TELEPHONE(619)346-0611 Decemter 3 1987 CITY OF PALM DESERT LEGAL NOTICE OTiCE Or COL"PLETIGP! is hereby given of a Draft Environmental Impact Report for a 34 acre mixed use office/residential project generally located at the north-ast c::: ner of Hc '! _y !_:one and Cook Street. : .+ + ++ I : ' i : 1 I i A! l i n.`.-ar-s•i:eJ sons are invited t review and comment on copies of the ur fi t. Engjr:,-,"',_ -,! li-. .__fir G?pr,�-` av711abie at the Palm Desert Civic Center 73-510 Fred flaring Drive, Palm Desert , ;;side County Library, 45-480 Pcrtola Avenue, Palm .!cs• C<:iifr :'. :ra. n: ^P;' �w c=rjno will expir-e ,J�nuary 15, 1988. 00 L`� l�liUU Ian GLrR 73510 FHCU VVAIi11J CHf,CALIFOHNIAJ22G0 TELEPHON E(619)346-0611 December122, 1987 CITY OF PALM DESERT LEGAL NOTICE CASE NO. GPA 87-2, C/Z 87-5, PP 87-20 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by TRIAD PACIFIC DEVELOPMENT/CHUCK STROTHERS for a general Plan amendment, change of zone, Precise Plan of design and draft environmental impact report to construct a mixed-use office/residential project consisting of 139,000 square feet of Professional office space and 224 apartments on 34 acres, also described as: APN 632-030-021 P.R a n � � `J \ h a a, •i lakes aJ, `� ., j r . II C.ounlr Club i Jc ✓P.R.-4 N¢a PC P.R.-a i :77 F = n i I SAID public hearing will be held on Tuesday, January 19, 1988. at 7:00 p.m, in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CaIIfornia, 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 Post RAMON A. DIAZ, Secretary January 8, 1988 Palm Desert Planning Commission PROOF OF PUBLICATION This space Isy^•the County Clerk's Filing Stamp (2015,1 :.P.) STATE OF CALIFORNIA, i' �_l 19CC County of Riverside t,i!nnipnll! !!Ld 1!ii iCt ill Ott'fittihiLia !Ir Ui I'AU.1 W..SPI I am a citizen of the United States and a CITY OF PALM DESERT resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I CASE NO GPA 87-2,, C/Z 87- , PP 87-20 am the principal c)i?rk of.the printer of the ............................... ._...,...-..., :.......... DESERT POST .................................................... ....................................................... CITY OF PALM DESERT LEGAL NOTICE .............................................. •••• CASE NO.OPA 87-2,C287.5,PP 87.20 a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a dublic hearing will be held be- I I lore the Palm Desert City Council to consider a request by TRIAD 91-weekly PACIFIC DEVELOPMENTICHUCK STROTHER for a general plan and published """ ."'...y amendment,change of zone,precise plan of design and draft envi. .""""......•••• ronmental Impact report to construct a mixed-use office/residen- 1 flat project consisting of 139,000 square feet of professional office In the City of .F a 1 m Desert space and 224 apartments on 34 acres• also described as:APN ......................... 632.030-021 County of Riverside, and Which news- SAID public hearing will be held on Thursday,February 25. 1988. paper has been adjudged a newspaper at ic Center. 73-510 Fred Waring ng Drive. Palm Chamber at t Deserhe t, Desert Iv California, at 1 of general circulation by the Superior which time and place all Interested persons are Invited to attend Court of the County of Riverside, State of 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 i California, under the date of„10/5 1964 t correspondence delivered to the planning commission (or city council)at,or prior to,the public hearing. RAMON A. ry Case Number 83658 I Palm Desert Commission y that the notice, 9 of which the annexed is a printed copy (set — (Peb.D.P.Feb tz,lsse) in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: 2/12 ..................................... ............... all in the year 19.88 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at...?aim Desert 12th day Feb . 88 California, this.......... yo,. ....... 19 ,,,,, {�V� 3lgnatNre Fria copies of this blank form may be secured,real r CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 tweet Second St., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 Please request 01!NERAL Proof of Publication when orderino this form. PROOF OFF ILICATION This space Is tie County Clerk's Filing Stamp (2015.5 L.C.P.) STATE OF CALIFORNIA, County of Riverside I am a citizen of the United States and a CITY OF PALM DESERT resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested In the above-entitled matter. I —'� am the principal Clark of the printer of the 7-20 CASE„ N0 . GPA 87-2 , C/�Z 87-5. .,PP„ 8... ................ . 1 DESERT POST .................................................... .......................................................... _CITY OF PALM DESERT LEGAL NOTICE ..............................................:..... .CASE NO.GPA 87-2,CIZ 87.5.PP 87.20 a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a public hearing will be held beL fore the Palm Desert Planning Commission to consider a request Bi-weekly by TRIAD PACIFIC DEVELOPMENTICHUCK STROTHERS for a and published .................................. general plan amendment,change of zone,precise plan of design and draft environmental Impact report 10 construct a mixed-use of. P a l m Desert ficelresldential project consisting of 139,000 square feet of proles- in the City of .................................. sional office space and 224 apartments on 34 acres,also describ- ed as:APN 632-030-021 County of Riverside, and which news. SAID public hearing will be held on Tuesday.January 19, 1988,at paper has been adjudged a newspaper 7:00p.m.in the Council Chamber at the Palm Desert Civic Center, 73.510 Fred Waring Drive, Palm Desert,California,at which time of general circulation by the Superior I and place all interested persons are invited to attend and be heard. 7 I you challenge the proposed actions In court,you may be limited. Court of the County of Riverside, State of to raising only those Issues you or someone else raised at the pub. 1 10/5 64 fic hearing described In this notice,or in written correspondence ; , 19 I delivered to the planning commission(or city council)at,or prior California, under the date of,,,,,,,,, to.the public hearing RAMON A.DIAZ.Secretary Case Number 83658 ; that the notice, Palm Desert Planning Commission (Pub D.P. Jan 8 1988) of which the annexed Is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ...........UP .................................... all in the year 19.88. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at„Palm De.sert.. .... ................... 8th Jan . 88 California,this.......... dayof........, 19 ,,,,, Pre*copies of this blank form maybe secured Iromi CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 Wdel Second sl., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 PION request OENRRAL Proof of Publlullon ..._ when erderinq this form. .-- 1 1. 'Si /� .("gyp �•{� �+ �} s 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 July 27, 1987 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CZ 87-5 and ZOA 87-2 NOTICE IS HEREBY GIVEN that a public hearing will be held : before the Palm. Desert City Council to consider a zoning ordinance amendment and change of zone creating the El Paseo Pedestrian Commercial Zone which will restrict first floor El Paseo street fronting uses in new buildings constructed after July 1 , 1987 between Highway 74 and Portola Avenue to pedestrian oriented' retail of personal service uses: _— 1 P EL CONiE2 R-1, N RN2PQYA(5) k zI, P4L4(a1 Rzls) Bt 00<3 14 0 y _ / .}� t 4-1 �' �R-I -"�RLI 1 R-I E DDP4DD D ; — wvoo ; R ) '� 1 r- „ Rw�NmD S.P. Nw . IBR3 RI R } R-1 a R- eR.3 xR3 EI C B ,' ~_� y1 s IR'I. K / :R.1' ~/ R_il - c-i R3�14) 1 -� - e'R-, )oil � R319) P�3'/41 H I P.C.(3 ,S.P. C n I T1 M II .l . •,C II, C-I,S 1 I' 1 P aIC F,I .S P d { # 1 cF� �y. �' ' � I� •', . SEO a .•� .iri.`�ia i<L*,e e2.Js ° ,; >;t'.P :k.t�l'(wi '1' T t P viA:�.1',-r•�r,' .<.,#�'�'. . ' - �sr ' R-3zo,cooc �� ` R-3 (4) R-3(41- P PR.-6 , f,PPE. :. 1 1 r, R•3(4l _ I 0: ^ ^R D3 �p•�(C.U.P.RI472) = R-3(4) 1 -T R-3 20,0�00 (3) C-I P k3(3) x3 �(41( _SNaDOw_ - w0ux xninN JPiv[ SeD-0w wDUMinly DPivf :R-3 '13 000 ! (3) ' _ R=3! 113,000 � cnw DLEw y SAID public hearing will be held on Thursday, August 13, 1987 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. 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 hearina described in this notice, or in written correspondence delivered to the city council (or planning commission) at, or prior to. the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk July 31 , 1987 City of Palm Desert, California MINUTES PALM DESERT PLANNING COMMISSION ' APRIL 7, 1987 Commissioner Ladlow expressed concern regarding the granny flat being built and occupied prior to the main residence. Mr. Smith explained that it would be required prior to issuance of a certificate of occupancy. Commissioner Richards noted that this is the first request of this nature that the city has seen. Commissioner Ladlow asked if the city would keep a file to show that the requirements of age and relationship were being adhered to. Mr. Diaz replied yes. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MRS. YAMAGUCHI , 73-391 Catalina, addressed the commission and outlined the history of her property and her plans for developing it. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, Chairman Erwood closed the public testimony. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1213, approving CUP 87-4 subject to conditions. Carried 5-0. A FIVE-MINUTE RECESS WAS CALLED AT 8:55 P.M. F. Case No.-G`PA_ 87 2>- CITY OF PALM DESERT, Applicant Request for consideration and recommendation concerning the Commercial Core Area Specific Plan and associated Negative Declaration of Environmental Impact . This plan establishes planning and redevelopment agency policies for Palm Desert' s Highway III/El Paseo commercial corridor. Mr. Drell reviewed the staff report and indicated that each individual project would go through the public hearing review process. 8 MINUTES Y PALM DESERT PLANNING COMMISSION APRIL 7, 1987 �.� Chairman Erwood opened the public testimony and asked if anyone Present wished to speak in FAVOR or OPPOSITION. MR. TED BEATON, owner of 11 units and one house, stated that he was not against progress but would like to see it accomplished in an orderly manner. He indicated that he petitioned five business, three residential , and four apartment owners and no one knew what was going to happen. He noted that the northeast corner is basically apartments and felt that the city needed more low income housing for working people and young people. He expressed concern regarding development of Cabrillo and felt that Alessandro in his section should be left. alone. MS. ELEANOR SEAGALL, 73-758 De Anza, owner of J 8 J Automotive and home on De Anza. She felt there was no need to rezone Alessandro. She also felt that it would cause traffic problems and discussed access to Highway Ill . Ms. Seagall stated that if Portola were six lanes it would be Impossible to cross and questioned what people would do if they wanted to sell their property. Mr. Drell addressed her concerns and explained that the redevelopment agency would buy those houses for a fair market value and would work on a relocation program. MR. EDWARDS, 73-385 Grapevine, expressed concern for the 24 foot wide street onto which his 12 carport directly back onto - the Alessandro Alley. He indicated there was only one exit to the east out of a 158 spare parking lot and people would be backing out onto a major ingress and egress route. He indicated that he had written to the city in favor of commercial development. Mr. Drell stated that the intent was for a safe area and discussed some solutions and the possible relocation of the carports. MR. JIM FOXX, expressed concern regarding the El Paseo area and supported the plan to restrict uses to retail-type uses. He urged the commission to speed this plan along and felt that El Paseo was an important to the city and should be helped and protected. MR. ROY BARLETT, 73-960 Highway 111 , indicated it was his goal to development professional office buildings and asked about working with the redevelopment agency to obtain property to develop. U MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1987 Mr . Drell stated that the proposed plan does not preclude professional office development, but felt that maybe a better location would be fronting onto Portola. MR. HENRY HOYLE, 73-440 Broken Arrow, endorsed the comments of Jim Foxx and expressed concern regarding parking and the parking lots of Security Bank and Bank of America. MS. DAPHNE TRIPHON, 1713 Painters Path in the Sandpiper development, expressed concern for the welfare and safety of the neighborhood and the bridge over the wash. She stated that the area was being used as a race track, especially on weekends. Mr. Drell responded by saying that suggestions were being accepted for a way to get access from some other way than Painters Path or El Paseo and suggested no access on Painters path. He felt most traffic would be on El Paseo and indicated that options were limited for that site. He also indicated staff would like to hear some creative solutions that might combine residential and commercial development.. MR. MEL GERARD, owner of Harvest Health Food Store, requested clarification for his property and inquired about incentive to demolish and rebuild. Mr. Drell stated that if a property owner wished to take advantage of the plan, they would pay for additional parking. If not, then the city would be in no position to exact anything from the property owner, noting that an in-lieu fee program would require no additional charge until the building had a need for it. He stated that Mr. Gerard's building has no parking and has been utilizing the Frontage Road, but if adjacent property develops, parking would become a problem. MR. CHARLIE MILLER, Little Bend Trail-owner of property next to Ist Bank of Palm Desert, asked about development of that area. Mr. Drell indicated that property in the area had been purchased but no plans had been submitted as of yet. MS. JEAN SWALLOW JOHNSON, owner of property between Houston Lumber and Maple Leaf Plumbing, asked about meeting notification procedures , supported a superblock concept and expressed interest in developing her property. 10 i MINUTES j PALM DESERT PLANNING COMMISSION APRIL 7, 1987 I � Mr. Drell indicated that comment; had been submitted by Camille Todd expressing approval of extra parking for the north side of Highway Ill from San Pablo to Monterey fronting on the back alley and from Mary Stoltzman expressing concern for the block south of Highway 111 between E1 Paseo and Portola. She indicated that the slip ramp onto the Frontage Road there totally deletes parking in front of her building and that cars speed on the slip ramp which is dangerous for the restaurant . She requested that ingress and egress be made better by possibly a super block. MR. KIGER BARTON, 44-519 San Anselmo, stated that the looks of Highway III needed improvement and suggested green space to provide more eye appeal to building fronts. He felt that one particular building on Monterey and Fred Waring looked like it was built right up to the curb. Mr . Drell stated that as part of the redesign process complete landscaping of parking medians would be included. Chairman Erwood closed the public testimony. Commissioner Richards stated that staff had done a great job. He felt that everyone should take an active part in planning the development for the city, especially effected citizens participating on committees and attending group meetings. Commissioner Richards stated that he would like the redevelopment agency to adopt a goal to encourage existing businesses to stay in the city by providing some type of incentives. Action: Moved by Commissioner Downs , seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1214, recommending to City Council/Redevelopment Agency Board approval of the Commercial Core Area Specific Plan GPA 87-2 and associated Negative Declaration of Environmental Impact. Carried 5-0. Moved by Commissioner Downs , seconded by Commissioner .,Richards, initiating a zoning ordinance amendment establishing the El Paseo Pedestrian Commercial Overlay by minute motion. Carried 5-0. IX. MISCELLANEOUS None. 11 I CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: May 5, 1987 CASE NO: C/Z 87-5 and ZOA 87-2 REQUEST: Approval of a zoning ordinance amendment and change of zone creating the El Paseo Pedestrian Commercial Overlay Zone. APPLICANT: City of Palm Desert 1. BACKGROUND: This proposed zone (as recommended in the Commercial Core Specific Plan) would restrict street fronting first floor uses to pedestrian oriented retail and personal service businesses. It would apply to new businesses on El Paseo between Highway 74 and Portola Avenue. It is designed to create a continuous succession of pedestrian oriented storefronts which is vital to El Paseo's growth as a specialty retail district. The ordinance provides a specific list of uses which require no special approvals and a conditional use section to allow for appropriate unlisted uses or other exceptional circumstances. Ii . RECOMMENDATION: Approve findings and adopt Planning Commission Resolution No. recommending to city council approval of C/Z 87-5 and ZOA 87-2. Prepared by -- Reviewed and Approved by /dlg it - II r 4 PLANNING COIIIIISSION RE501IITIOiN NO. 1219 I A RESOLUI'I ON OF 1I IC PLANNING COMM I`;S I OIN OF "11IE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO i CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AND CHANGE OF ZONE CREATING THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE. CASE NO'S: AC/Z 87-5 8 ZOA 87-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of May, 1987 hold a duly noticed public hearing to consider a zoning ordinance amendment and change of zone creating the El Paseo Pedestrian Commercial Overlay Zone Chapter 25.29. 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 exist to justify their actions: 1 . The proposed amendments are consistent with the Commercial Core Area Specific Plan. 2. The proposed amendments wi 1 1 promote the general welfare of the El Paseo Area by encouraging the concentration of pedestrian oriented retail/service business thus generating higher volumes of pedestrian traffic. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. ZOA 87-2 Exhibit "A" and C/Z. 87-5 Exhibit "B" are hereby recommended to city council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planing Commission, held on this 5th day of May, 1987 by the following vote, to wit: AYES: DOWNS, LADLOW, RICHARDS, WHITLOCK & ERWOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RICHARD ERWOOD, Chairman ATTE` ' RAMON A. DIAZ, Sec'retc:r i PLANNING COMMISSION RESOLUTION NO. 1219 EXHIBIT "A" CHAPTER 25.29 EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE 25.29.010 INTENT AND PURPOSE El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented uses, this ordinance shall regulate the type of new uses which may occupy El Paseo street level commercial frontage. 25.29.020 PERMITTED USES The following retail /personal service uses shall be liberally construed to be permitted uses within the El Paseo Pedestrian Commercial Overlay: Art Galleries Book and Card Shops Clothing and Apparel Shops Furniture Stores and Home Furnishings Gift and Accessories Boutiques ( including small antiques) Health, Figure and Exercise Salons and Spas Jewelry Shops Liquor, Beverage and Food Item Shops Luggage Shops Personal Care/Products Shops and Services ( including barbering and cosmetology) Restaurants Sundries Shops (general merchandise) 25.29.030 CONDITIONAL USES The planning commission may, by conditional use permit, approve commercial uses not listed above if they are determined to be compatible with the intent and purpose of this section. 2 In i �<: (f '•?:.III/ _= d \\T o 1 M f r = 1 s O O o � v- _.aiv 44•r,. � r:.4'. � 1 `BSI _ t yO r`T^� CITY OF PALM DESERT Case No C7 87=_5pLANNING COMMISSION RESOLUTION NO. M11 Data r j MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1987 consists of two multi -tenant industrial buildings. Action: Moved by Commissioner Downs , seconded by Commissioner Whitlock, approving the consent calendar by minute motion. Carried 5-0. VII . ORAL COMMUNICATIONS None. Vlll . PUBLIC HEARINGS A. Case Nos.C,CJZ 87, -'�nd ZOA 87-2 - CITY OF PALM DESERT, Applicant Request for consideration of a zoning ordinance amendment and change of zone creating the El Paseo Pedestrian Commercial Overlay Zone which will restrict first floor street frontinq uses on E1 Paseo between Portola Avenue and Highway 74 to pedestrian oriented retail and personal service businesses. Mr. Drell outlined the salient points of the staff report. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. JIM FOX, E1 Paseo Business Association member, stated that he was in favor of this propns:31 •_rnd felt: that it would help the growth of El Paseo. MR. HENRY HOYLE, 73-440 Broken Arrow, stated that he was a IS year El Paseo business owner- and concurred with rromments by Mr. Fox. lie felt that uses such as banks were a detriment to the retail businesses on E1 Paseo. Chairman Erwood closed the public testimony. Action: Moved by Commissioner Downs , seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 5-0. 2 w J MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1987 Moved by Commissioner Downs , seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1219, approving C/Z 87-5 and ZOA 87-2. Carried 5-0. B. Case No. PP 16-83 Amendment $1 - HOWARD PARCELL, PALM DESERT DISPOSAL, Applicant Request for approval of a seven acre expansion to a parking and storage area and a second story addition to an existing structure (:54(10 square feet) for a trash hauling and disposal company with a negative declaration of environmental impact located on the south side of Lennon Place. between Eclectic and Corporate Way. Mr. Diaz outlined the salient points of the staff report and felt that the use was consistent with the intent of the service industrial zone. He suggested staff be dirpr_ted to prepare a zoning ordinance amendment requiring a conditional use permit for the transfer station, noting that the transfer station use was not before the commission at this time for consideration and recommended approval . Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. HOWARD PARCELL , 4815 Main Street, stated that he was present to answer any questions and clarified that on public works condition #e that they were requesting only one driveway approach on Lennon, not two as indicated. He noted that there were two existing entrances on Eclectic. Mr. Gaugush amended the condition to read, "Driveway entrance on Lennon Drive shall be limited to one driveway approach to be designed and approved by the public works department.'' Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR . RICHARD ROMER, 74-090 El Paseo, stated that he was representing the Corporate Center Property Owners Association. He indicated that the three lots on the west end were subject to the CC&R's of the Corporate Center. He noted that there had been poor communication between the property owners association, the property owner, and the city. lie stated that portable toilets and open garbage were violations of the CC&P's. He also discussed the access points and felt that the existing access on 3