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Home My WebLink AboutWEST OF HIGHWAY 111/NORTHWEST OF PAINTERS PATH C/Z 85-1 1985 PRECISE PLAN_ TENTATIVE TRACT ) ZONE CHANGE`L" PARCEL MAP—.-- VARIANCE _ C.U.P. REFER TO: 92PA, $'G - 1 APPLICANT: . LOCATION : __1 i REQUE_Sl �- ► 4;-:> 44f P ------ EXISTING ZONE PREPARATION PROGRESS DATE BY COMMENTS APPLICATION RECEIVED LEGAL PUBLICATION SENT 5 g� _NOTICES SENT s _FIELD INVESTIGATION DEPTS. NOTIFIED BUILDING ENGINEERING FIRE POLICE_ RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL i PRELIMINARY MEETING STAFF REPORT FINAL _PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLANS DIRECTOR MOD. (6) El= HEARINGS & ACTIONS r _ DATE ACTION VOTE REVIEW BOARD HEARING P.C. HEARING PUBLISHED PC. PUBLIC HEARING I APPLICAN-I�NOTIFIED C.C. PUBLIC HEARING — ! i , ORDINANCE_ NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA BANK 1r ' ZONING�MAP CORRECTED - I UPC, 4-01080 /! r ' ,f� r�w..s ^' law •,��ti.�. ^ 1..�/ ,i Il , ,i r 11�1f " 1 -- AAY 15 1985 ORDINANCE NO. 425 ENVIRONMENTAL SERVICES CITY OF PALM DESEPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM C-1 (GENERAL COMMERCIAL DISTRICT) TO HPR (HILLSIDE PLANNED RESIDENTIAL) ON 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. -- CASE NO. C/Z 85-1� The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That a Negative Declaration of Environmental Impact is hereby certified. SECTION 3: The city clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the Palm Desert City Council this llth day of April, 1985, by the following vote, to wit: AYES: KELLY, WILSON, AND SNYDER NOES: BENSON ABSENT: 7ACKSON ABSTAIN: NONE WALTER H. SNYDER, Ma TEST: / f i SHEILA R. G IGAN, Pi# Clerk City of Palm Desert, Gafffornia Am 1 i ORDINANCE NO. 425 EXHIBIT "A" ' I �-- M_ AUNESIA FALLS w, Iv L , ttr l 7i oC; AHD S.P. r r , --�--p J"L,L�- o _ P.R. 22 (4 ), �a"6 H _oo'_ c_ PC. S.P. [12 (4). ,G`��w , € — — FRED WARING DRIVE S-I PC. F o (4), P. 61 S.P. 1 P.C. (4), ' P.0, 1Lj /1 ' IL 7 ,• • ', •• ;i Sao 0. :.1 p �• til P.R.-6, S.P. P.C. ( 3) , S.P. H.PR. , D EL P.R.- 6 R-I — — CITY OF PALM DESERT CITY COUNCIL OO 2P MQZ3M ORDINANCE NO. 425 S2 � o �U A 85-1 DATE Anril 11, 1985 /y J NOTICE OF DETERMINATION BOARD OFF SUPERVISORS a Negative Declaration G = 1 TO: W Clerk of the Board of Supervisors ( ) Secretary for Resources 1VlA`{ O �p�5 County of Riverside 1416 Ninth St., Rm 1311 4080 Lemon Street Sacramento, CA 95814 rt.. Riverside, CA 92502 LERK el the fx count'If t:y w�wi c N.:3',., c.�ui_o- ••.'�^`; FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the public resources code. Project Title/Common Name: GPA 85-1 an C/Z 85-1: � / r?5 9M Date of Project Approval: March 28, 1985. State Clearinghouse Number (if submitted): N/A ENV!RONNIENTAL S_ERV!ccs Contact Person: Stan Sawa, Principal Planner C;'FY of PALM D�S`nr Project Location: West side of Highway 111, 200 feet northwest of Painters Path. Project to Hpr lion: General plan amendment to Hillside Planned Residential and change of zone to HPR Hillside Planned Residential) for 13.1 acres. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: I.The project ( ) will, (R) will not, have a significant effect on the environment. 2. An environmental impact report was prepared for this project pursuant to the provisions of CEQA. A copy of the environmental impact report may be examined at the above city hall address. x A negative declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the negative declaration may be examined at the above city hall address. 3. Mitigation measures ( ) were, (x) were not, made a condition of the approval of the project. 4.A statement of overriding considerations ( ) was, (x) was not, adopted for this project. Signature Title Date Received for Filing Please return date-stamped copy in the enclosed envelope. NOTICE OF DETERMINATION Negative Declaration TO: (X) Clerk of the Board of Supervisors ( ) Secretary for Resources County of Riverside 1416 Ninth St., } y� 4080 Lemon Street Sacramento, CA69`58=1=4t19 � )� ,p Riverside, CA 92502 FROM: City of Palm Desert -SUN 2 6 1985 73-510 Fred Waring Drive ENVIRONMENTAL SEHVlcty Palm Desert, CA 92260 CITY OF PALM DESERT SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the public resources code. Project Title/Common Name: C/Z 85-1 nd GPA 85-1 Date of Project Approval: April 11, 1985 State Clearinghouse Number (if submitted): N/A Contact Person: Stan Sawa, Principal Planner Project Location: West side of Highway 111, 200 feet northwest of Painters Path. Project Description: General plan land use element change from core area commercial to hillside planned residential and change of zone from C-1 (general commercial) to HPR (hillside planned residential). This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: I.The project ( ) will (X) will not, have a significant effect on the environment. 2. An environmental impact report was prepared for this project pursuant to the provisions of CEQA. A copy of the environmental impact report may be examined at the above city hall address. X A negative declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the negative declaration may be examined at the above city hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4.A statement of overriding considerations ( ) was, (X) was not, adopted for this project. BOARD OF SUPERVISORS �r/. �GLAA IT Signature Title "`�' �`'"'"°'� J U v 2 41985 Date Received for Filing reKmmceo�goo •'�^„ Please return date-stamped copy in the enclosed envelope. ly MINUTES APRIL 11, 1985 REGULAR CITY COUNCIL .MEETING For Adoption: ✓ A. ORDINANCE NO. 425 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM C-1 (GENERAL COMMERCIAL DISTRICT) TO HPR (HILLSIDE PLANNED RESIDENTIAL) ON 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NO. C/Z 85-1. Mr. Altman reported that no input had been received since the first reading of the ordinance. Upon motion by Kelly, second by Wilson, Ordinance No. 425 was adopted by a 3-1-1 vote with Councilmember Benson voting NO and Councilmember Jackson ABSENT. XI. ER REQUEST FOR AUTHORIZATION for Installation of a Multi-Way Stop at the Intersection of Country Club Drive and Portola Avenue. Mr. Altman reported that Supervisor Larson and her staff had been uccessful in getting a commitment from the County of Riverside for 1 25% share of signalization costs for this intersection. He re mmended Council direct staff to proceed with the signal eng eering and approve a change order on an existing engineering contr ct for this work. He advised that the County had requested its Transp tation Committee be allowed an opportunity to review and approve he installation of a four-way stop at this corner but that the Committ would not be meeting until May. Councilman Kelly oved to approve a change order to the Basmaciyan- Darnell, Inc. engineering contra t in the amount of $5,347 plus 10% contingency for signal design of the Portola Avenue/ untry Club Drive intersection. Councilman Wilson seconded the motion. Motion carri d by unanimous vote of the Councilmembers present. Councilman Kelly moved to, by Minute Motion, conditionally authorize the installation of a four-way stop at th intersection of Country Club Drive and Portola Avenue with the condition that design ork for a traffic signal at this intersection be underway before installation of the fou way stop is performed and pending approval of the Riverside County Transportation Co mittee. Mayor Snyder seconded the motion. Motion carried by unanimous vote of the Co ncilmembers present. XII. NEW BUSINESS A. REQUEST FOR REFUND B NATIONAL MORTGAGE AND LAND COMPANY IN THE AMOUNT $19,714.81. Councilman Wilson moved to, by Minute Motion, approve the request and authorize a refund from prior year's revenue in the amount of $19,714.81. Councilmember Benson seconded the motion. Motio: carried by unanimous vote of the Councilmembers present. B. RE UEST FOR ASSISTANCE FRO THE FAMILY Y OF THE DESERT PALM DESERT YOUTH CEN R PLAY PROGRAM. Mr. Altman recommended approval of�his request with additional direction to staff to work with the C.V. Re reation and Park District to come up with some money to assist in lathe funding of this PLAY Program and to the Family Y/Youth C t r to charge a higher registration fee to non-Palm Desert youth. Councilmember Benson moved to, by Minute Motion, approve the request and authorize the payment of $15,000 with additional direction t?� Staff and the Family Y/Youth Center as outlined by the City Manager. Councilman Kelly conded the motion. 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CONSIDERATION OF A GENERAL PLAN AMENDMENT TO CHANGE MERC AL TO HILLSIDE PLANNED RESIDENTIAL AND A CHANGE OF ZONE FROM C-1 (GENERAL COMMERCIAL) TO HPR (HILLSIDE PLANNED RESIDENTIAL) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. Mayor Snyder declared the Public Hearing Open. Mr. Diaz reviewed the staff report and Planning Commission recommendation that would implement direction from the November 1984 election that commercial development be prohibited in the hillside areas of Palm Desert. He reviewed viable alternative uses for the property including the recommended single-family residential use. Mayor Snyder invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request. MR. RICHARD ROEMMER, Attorney for the Hilltop Restaurant and Mrs. Jan Mitchell, owner of the property, inquired about the access road behind the property and improvements required by Caltrans. Mr. Diaz responded that the improvements required for the restaurant by Caltrans would not be required for residential units. Upon question by Mr. Roemmer, Mr. Diaz responded that the number of residential lots available would be determined by what section of the Hillside Overlay Ordinance under which the applicant chose to develop. Mayor Snyder declared the Public Hearing Closed. Upon motion by Jackson, second by Kelly, Resolution No. 85-26 was adopted and Ordinance No. 425 passed to second reading by a 4-1 vote of the Council with Councilmember Benson voting NO. I �I@fd—@P'4HE REVOCATION OF A BUSINESS LICENSE FOR COUNTRY CLUB CONSTRUCTION. May Snyder declared the Public Hearing Open. . Altman reported that the holder of this particular license no longer ha a valid contractor's license which was a requirement of the lice ing process. Mayor Snyder ' vited input in FAVOR of the revocation, and none was offered. He invited inpu in OPPOSITION to the revocation, and none was offered. He declared the Pub Hearing Closed. Councilman Wilson oved to, by Minute Motion, revoke the business license of Country Club Construction, Ac ount No. 7822, in accordance with the provisions of Section 5.04.160(B) of the Muni 'pal Code. Councilman Kelly seconded the motion. Motion carried by unanimous vote o the Council. E. ASSOCIATIONST R AND TDHERFAMILY Y/YOUTH COMMUNITIES FOR SENIOR THE ISSUANCE OF A BING PERMIT. Mayor Snyder declared the Publi Hearing Open. Mr. Allen reviewed staff's eport and recommendation to approve the request. Mayor Snyder invited input in FAVOR ff the request. MR. RICHARD KITE, 73-051 Skyw rd Way, Palm Desert, spoke in favor noting that the room to be used would hold 90-100 people. 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CASE NO. C/Z 85-1 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That a Negative Declaration of Environmental Impact is hereby certified. SECTION 3: The city clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the Palm Desert City Council this llth day of April, 1985, by the following vote, to wit: AYES: KELLY, WILSON, AND SNYDER NOES: BENSON ABSENT: JACKSON ABSTAIN: NONE WALTER H. SNYDER, Mayo TEST: �SHEILA R. G IGAN, ,C. k# Clerk City of Palm Desert, Gaiffornia Am ORDINANCE NO. 425 EXHIBIT "A" �, II �-- MAbNE5 A_ ."_..FALLS --T' i `x: r u iI P.R: ,.: 9 HP1 igTV- P.AHD S. ' --�--p ,�-� o P.R. 22 _ P.C. S.P. --�(�� F It WAL, jIIITS ., I2 —. - -- FRED WARING DRIVE S-i R v� (4)C P. Fcz S,P. P.C. (4), � C W �4:1 ti w C �; ,'�, ., cSs ram, •� I i« P.R.-6, S.P. _ to P.C. ( 319 S.P. 11.PR. , D E r P.R.- 6 R-i — CITY OF PALM DESERT CITY COUNCIL CTEEz2-XUa-F OO 2F TOO U' ORDINANCE NO. 425 R v o 85-1 DATE Anril 11, 1985 Y'/ 1 CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Consideration of a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres, located on the west side of Highway 111, 200 feet northwest of Painters Path. APPLICANT: CITY OF PALM DESERT CASE NOS: GPA 85-1 and C/Z 85-1 DATE: MARCH 28, 1985 CONTENTS: A. STAFF RECOMMENDATION. B. DISCUSSION. C. DRAFT RESOLUTION AND ORDINANCE NO. D. PLANNING COMMISSION MINUTES INVOLVING CASE NOS. GPA 85-1 AND C/Z 85-1. E. PLANNING COMMISSION RESOLUTION NO. 1030. F. PLANNING COMMISSION STAFF REPORT DATED MARCH 5, 1985. G. RELATED MAPS AND/OR EXHIBITS. A. STAFF RECOMMENDATION: 1. Waive further reading and adopt Resolution No. , approving GPA 85-1. 2. Waive further reading and pass Ordinance No. _ approving C/Z 85-1 to second reading. B, DISCUSSION: The general plan amendment and change of zone were initiated by the city council as a result of the November 6, 1984, election. At that time voters in the City of Palm Desert passed a city measure disallowing any commercial use and/or development in the hillside areas. This property is the site that Don McMillan was denied a conditional use permit for a restaurant in August, 1984. The general plan presently indicates the property and surrounding area as Core Area Commercial. As such, the property is zoned C-1 (General Commercial) in order to be in conformance with the general plan. Proposed is an amendment to the general plan land use designation from General Commercial to Hillside Planned Residential. This would implement the city measure prohibiting commercial development and/or use in the hillside areas, by eliminating the commercial designation. Along with the general plan amendment, a change of zone to HPR (Hillside Planned Residential) is proposed which would implement the amendment. The planning commission at their meeting of March 5, 1985, reviewed this item. The property owner's attorney spoke and questioned whether residential zoning is economically feasible. He, also indicated that he hoped that residential development would not instigate another initiative on his clients property. Two other Palm Desert property owners spoke and indicated an objection to any type of hillside construction. The planning commission generally felt that approval of the item was substantiated for various reasons. Mr. Richards felt that the HPR zone would provide the necessary protection of the hillsides. Mr. Erwood felt the voters had voiced their opinion. Mr. Wood felt the change should go to the city council for their action. Chairman Crites felt that while the citizens have indicated they do not want GPA 85-1 and C/Z 85-1 Continued commercial development the city does not know what they would accept on the property, if anything. After this discussion, on a motion by Mr. Richards, seconded by Mr. Wood, the planning commission unanimously adopted the findings and resolution recommending the general plan amendment and change of zone. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NO. GPA 85-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of March, 1985, hold a duly noticed public hearing to consider a general plan amendment to change the land use desilgnation from Core Area Commercial to Hillside Planned Residential and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-020-003 WHEREAS, said application has complied with the requirements of the "City of Patin Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared. . WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said city council did find the following facts to to exist to justify their actions: 1. Change of general plan designation would conform with intent of city measure passed in November, 1984, precluding commercial use and/or development in hillsides. 2. Hillside Planned Residential designation would permit viable use of property. 3. Hillside Planned Residential designation would not be detrimental to the health, safety, or general welfare of adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. GPA 85-1 (exhibit "A") and a negative declaration of environmental impact are approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this day of , 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Patin Desert, California Am 71 LLY -COUNT Y---CLUB-DRIVE- i f. fiF I HOVLEY LANE c 7 A% C� P W / — J O W� ' I rO I3 y„ - ES P COLLEGE PARK VIEW DR. :I ,`uo OF THEp- .n.. I . � iy `t�il` DESERT C.G ;;� :...�. ?b' °.n�'"'.�;n.SIII 'DI'F I • n�"Gr_' i15�: .. .;�:Obi\ iiril,i,''149. .i IFRED WARING DR. ., ;„ :.;'r/;,r'. L1P &.y�a •� ,OFF P`t<:° rt;f • l • y 1�I pC [at�n'n'h - �G��L!� Cn.�n(':i; Ir^` '=r,` � '� , r_ :: !•- ' ,: uJ `, •: � i. i � = •• - ' ell,,. I V I?F• 1 '.arre -�n' �): -'re�•�i;'^::. .':u''ii i� /'-`ri/r, • :' :; R.C. „'I' IllUll� .11 ' •II II I Ilt0, IIII I I P�I:II III'!Ill' ". • �`r:� b:• : :�ut�lll;�iij.ji,.,..1., if•-1n;:,h11 I f\JL`J • 'Iq,y lr _rr.l - n.. ::':''•i..r"Cr'.:y. :N� •4Ilil 1, Old EL l, ll,llll'' �i •1 ..p r_n' ;,�5 ", ' ::. 1'it'a;`'1i,6.:�1n:o;,y n i li,�r r ;� ;i i \ • 1 `rj.;_.nn' PF` '.;L':�^..�a, r's'_ .'i�_ n.r... .. . I„ 1`. , �L. � It so uw- A 28 i 25 — 3 PF Ii.hFl• �' HAYSTACK OS - f•' if .t + .1- + # F + + + + + i r�i .� ;II . t .r. I. \ I. f I- f + + + / 1 '..' it ,I:nli:o;)'Q•�}•YI `•,i G.q''�:1 L':I II `\\/r„\:; ' i s. .. f + 'r t33 41, V + + '.\1;i,_ ::1';Ire :1 '- "li "JL'1` \'i: 'i <••V;:I�. ,. .t .tJIt L t + ( •4 4 4 44 1- + + .� 1 11!,,•1 11 i,114\(r`pi '.\'.�.L�4.. _\. II; 11>• l/�) I 5 4 lop : I:1 CITY OF PALM DESERT CITY COUNCIL Gen . flan Amend . RESOLUTION N0, d�� C�� o �� "► DATE ' ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM C-1 (GENERAL COMMERCIAL DISTRICT) TO HPR (HILLSIDE PLANNED RESIDENTIAL) ON 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NO. C/Z 85-1 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That a Negative Declaration of Environmental Impact is hereby certified. SECTION 3: The city clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the Palm Desert City Council this day of by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHE[LA R. G[LL[GAN, City Clerk City of Palm Desert, California /tm I- MA (iNCSIA - FALLS . 1 I t 1- I -7, , J, �1 S..Pr HPR IdrJl AHD I �- P. ;C. �L,`_L� 2, P.R. 22 (4 ), �BRV4. jvono p h '_ F _� _� -i (41. S. �PNZ�XIfel ° ' 12 FRED WARING DRIVE f S-I PC. v (41, P. A Pr C. (41, pC1. I :J • \ it/, �/ III I •� '. f) • I � 1 P.R.--61 S.P P.C. ( 3) , S.P. II.f'R. , D EL "• P.R.- 6 _ R-I CITY OF PA LM LM D DESERT CITY COUNCIL E CMS Jzl,TR�UG3,M OO f E 00E`-�TM ORDINANCE NO. A 85- 1 DATE MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 1985 Commissioner Downs indicated that a trial period of one year had already been placed on the developer to mitigate noise. Chairman Crites asked if Mr. Ritchey had designated specific months for summer and winter. Mr. Ritchey had not at that time. Chairman Crites asked if anyone else wished to speak in regard to the project. Commissioner Richards asked that staff word the .motion for Saturday deliveries. Mr. Patterson noted that refrigeration trucks have changed and noise on top of the roofs might create a problem. He felt that a condition of a one year trial period for tenants to come back would be acceptable with the protection for using the added wall height and landscaping. Chairman Crites stated that the Saturday deliveries could be stopped if there were problems. Commissioner Richards explained that is why the two issues should remain separate. Mr. Patterson then indicated that commission should specify the conditions and what they would apply to. Mr. Diaz noted that the motion should be to instruct staff to prepare a resolution for adoption approving the terms and time lines set forth in the communication received and that a six month trial period be in effect. Action: Moved by Commissioner Wood, seconded by Commissioner Erwood, instructing staff to prepare a resolution for approval at the March 19, 1985, meeting. Carried 5-0. C. CASE NOS. GPA 85-1 and C/"Z 85-1 -1 CITY OF PALM DESERT, Applicant Request for consideration of a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres, located on the west side of Highway 111, 200 feet northwest of Painters Path. Mr. Sawa reviewed the background of the case and the staff report. He indicated that staff was recommending that commission adopt the findings and resolution. Commissioner Wood asked Mr. Patterson what the legal implications would be on such an approval. Mr. Patterson replied that the planning commission action would be an initial action which would require approval by the city council. He felt that the commission could deal with this item without concern about impact on the litigation. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the case. MR. RICHARD ROMER, counsel for Mrs. Mitchell, the property owner, and Mr. McMillan, stated that this was the one year anniversary for the start of the project. Mr. Romer indicated that bound by what the city does regarding the zoning and the impact on the lawsuit determined at that time, the court ruled on the city's motion to dismiss denying that motion and affirming the fact that Mr. McMillan and Mrs. Mitchell have stated a cause of action for a taking of this property in the event that it is determined that there is no economic use of the property. He explained that the court went on to say that even if the property were rezoned residential, if that rezoning action is not economically feasible it can be considered a taking. He felt that the citizens voting on Measure E were not in favor of any type of building and asked the commission to seriously consider whether the rezoning to residential is not just delaying the inevitable and developing further problems by not having the proper use of this property. He indicated -3- MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 1985 that he was not just trying to set himself up for a lawsuit that would say you have taken the property, now pay us. He did not want to see his clients to go through another measure and election. He stated that he was not advocating a decision in favor of one way or another and if the commission could come up with a plan that was economically feasible, his clients' intent was to develop the property. He asked that the commission consider whether this is what the citizens want. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the case. Mr. Frank Little, 72-949 Bel Air, stated that he felt that the citizen's in the city who voted to pass Measure E would be opposed to any type of development and that it would detract from Palm Desert. He stated his opposition and felt that other people would also. MS. KAY CRAIG, 72-992 Bel Air, indicated that she was a 12 month resident. She stated that she was against any type of development and indicated that possible hillside slippage could be dangerous. She did not want to see Palm Desert become a little Hong Kong. Chairman Crites closed the public testimony. Commissioner Richards noted that the applicant could have initially proposed a variety of types of developments. Mr. Diaz indicated that the applicants would still have had to go through the public hearing process. Commissioner Richards indicated that the hillside site was visible from many locations. Mr. Diaz noted that residential zoning requires different findings than a restaurant. Mr. Diaz noted that some voters might be opposed to any type of development, but stated that it could not be presupposed. He indicated that if a group of citizens try to put another issue on the ballot to stop any building on the hillsides, it would have to be considered. Commissioner Richards asked about the possible impacts on adjacent hillside property owners and if rezoning would keep the zonings consistent. Mr. Diaz indicated that the zoning would have to conform to the amended hillside ordinance. Commissioner Erwood noted that the voters told the commission what they wanted the land to be rezoned as. Commissioner Wood stated that he could sympathize with Mr. Romer on whether the land would be developable or not. He felt that in this case the responsible thing to do would be to approve the rezone and move the case up to the city council. The attorney stated that at that time the city council could approve this. Chairman Crites indicated that the voters did not want commercial, but that nothing else could be presumed. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1030, recommending to city council approval of GPA 85-1 and C/Z 85-1. Carried 5-0. D. Case No. ZOA 85-1 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit development or use in commercial or industrial zones in hillside areas that are an average 10% or greater in slope. -4- PLANNING COMMISSION RESOLUTION NO. 1030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NOS. GPA 85-1 an C/Z 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-020-003 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 the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration of environmental impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of this request: General Plan Amendment: 1. Change of general plan designation would conform with intent of city measure passed in November, 1984, precluding commercial use and/or development in hillsides. 2. Hillside Planned Residential designation would permit viable use of property. 3. Hillside Planned Residential designation would not be detrimental to the health, safety, or general welfare of adjacent properties. Change of Zone: 1. The Hillside Planned Residential (HPR) zoning would be in conformance with the general plan land use designation proposed by GPA 85-1. 2. The HPR zoning would permit land uses and densities which would be the same as those permitted in other similar hillside areas. 3. The HPR zoning would not be detrimental to the health, safety, or general welfare of adjacent properties. 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 these cases; 2. That the planning commission does hereby recommend to the city council approval of a general plan amendment from Core Area Commercial to Hillside Planned Residential per attached exhibit 'A.' PLANNING COMMISSION RESOLUTION NO. 1030 3. That the planning commission does hereby recommend to the city council approval of a change of zone from C-1 (General Commercial) to Hillside Planned Residential per attached exhibit 'B.' 4. That a Negative Declaration of Environmental Impact is hereby recommended for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WILSON, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE B FO CRITES, Chairman ATT�� 4 RAMON A. DI, Secre; Am -2- -- ----COUNT , Y---CLUB—DRIVE- aF I HOVLEY LANE /A P W J /O ! A.H.O. , /, �� Pal•>;":,4.n=�;,,_i��q-ril I C ( • al-P:if.nis,.%N:b'pq: i.Jll al}..L. I \ v•••• �=u;4�n':n,';e(ie!--:nni„I:�npi.,v �;?,.''):1'7u�ii,:m•n I ! SST ., 'n`:� Irii.^ E$ PHPR I COLLEGE '' ` ;1= PARK VIEW DR: OF Tilt DESERT ".`I�`L.:.�" da`�Ij t. 'I�'11��' .�• M1 •' 'i�...•.,�: OPFr • i'v ;� n`: i'4is!i'irm:. :'.� ii.�.,,:CI ';. ./I`i:"p%pi' °+ . iFRED WARING DR: — S r% ,,,:,.;e ,.,>"/ • r. _'<:'=_„I; '.^ ". • � •.L •;a 1�1:: 'OFf-.P.a�.rI,NS :,�' :''^i;`.`+r;•. �,• ' •r In= "�n V1�i '?o;l• Poi"..,,,,, t� i�^n c�s;�un �e��c • •. � �. .. is•• ' 241 :I R.C.• ' EL PASEn •, ?: >:• ::.: :::.:::.; !:i I :r I,'� i%''_`.•tl'+`R P.F Ir �••• 1�(r;fw1LJ-','�n„i: ?:•• Ilbl , :ili I.li. � j I \, • i : nri'�;. sire,,, °' _ •;n- r�r.:? t+eR. ;; :;,,' 1•,; �,i:r,:"„:,I;`i;y„.�,;:;,t, .. : OFF •••••••••••••••••••••••••••t ..,ir n'I:�:/fl�:. i i,.�•.�n"dr..--r<nTN� 25 3 PF 1A 28 Ii.h R. P HAYSTACK „IS r + + + + + 4 'h + r + + t + F + } r r .; na �`'�. ':.:I. .u.>,I'"Sio•1;'u,G'; .I...... ,} + .+ + h �} } 4 h r 4 4 } } P�/'II ',u=` 0';• 1 :�� 'III\�' '\''�'.) •�''l1- Sa,:�lii, �` .�1::-�:1\\-:1` I\i:�:\' � ' .It:al" i� h + } + 4 + h + + 1 :ii: i'r�•'.:• r.•`n'' II :•.i37:.n"\' r,<_ 33 1,3(. + + + + + + / J. I,'r.�= :.il'-•i \. �,i•:,.+ /-• II ;tl '4.'. i4 + ! + + +. • L + A. a + + i /� Pu<il:u . . . I: ,.. ;.-,i:. .\Ial;.�.�•: 11:=,' + + 14 + + + + 4. 4 + I4 ! 5 4 2 CITY OF PALM DESERT PLANNING COMMISSION Gen . Flan Amend . RESOLUTION NO. /0-30 Tmp.,:s,z 7?S-s27g o Eu A DATE Mfi8d I-I 51, 19SS- e I I— MAGNESIA FALLS it a � e f0 j c-1 C-1 _;�I pLl P.R.- ...rrIV r I t 1- - I -7i �r i AHD P.C. �L, o s P.R. 22 -�BBU4lt.000 u K , O RC. S.P. --ter-; 1• (4). 1._ifJAN�ANIIDf r, 1 12 F - - --- FRED WARING DRIVE S-I R r „ PC. , rA (4), P. 61 S.P. 11 P. C. (4), 11PC. r IL _ •� x^ ;" ',+•fit• i P.R.-6, S.P. P.C. ( 3) , S.P. II.PR, D EL , P.R.- 6 R-I CITY OF PALM DESERT PLANNING COMMISSION V�'V7 6'��sE C30 Q)yr RESOLUTION NO. I0 '30 TE:ij 7?_s7� DATE WIRC4 51, iqfWl. PLANNING COMMISSION RESOLUTION NO. 1030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NOS. GPA 85-1 and C/Z 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres located on the west side of Highway lilt 200 feet northwest of Painters Path, more particularly described as: APN 640-020-003 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 the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration of environmental impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of this request: General Plan Amendment: 1. Change of general plan designation would conform with intent of city measure passed in November, 1984, precluding commercial use and/or development in hillsides. 2. Hillside Planned Residential designation would permit viable use of property. 3. Hillside Planned Residential designation would not be detrimental to the health, safety, or general welfare of adjacent properties. Change of Zone: 1. The Hillside Planned Residential (HPR) zoning would be in conformance with the general plan land use designation proposed by GPA 85-1. 2. The HPR zoning would permit land uses and densities which would be the same as those permitted in other similar hillside areas. 3. The HPR zoning would not be detrimental to the health, safety, or general welfare of adjacent properties. 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 these cases; 2. That the planning commission does hereby recommend to the city council approval of a general plan amendment from Core Area Commercial to Hillside Planned Residential per attached exhibit 'A.' PLANNING COMMISSION RESOLUTION NO. 1030 3. That the planning commission does hereby recommend to the city council approval of a change of zone from C-1 (General Commercial) to Hillside Planned Residential per attached exhibit 'B: 4. That a Negative Declaration of Environmental Impact is hereby recommended for approval. PASSED, APPROVED and ADOPTED at aregula meeting of following wisert Planning Commission, held on this 5th day of March' b 1985, y e AYES: DOWNS, ERWOOD, RICHARDS, WILSON, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE B CRITES, Chairman ATT , T x i RAM ON A.. D[AZ, Secret3�y Arn -2- Ll i - -- COUNT"f, Y CLUB—DRIVE-• I ly IiOVLEY LANE e P Lo Ali 9 I z•. � / 13 IIFIR1 � ;i.�;:,,�� 'n its \ �u1. COLLEGE ilLt' Jn`!r• "( d.!I I PARK VIEW DR. 1 'm�; -- x,.` I; OF THE • 1 .i L' DESERT ;' :. ,•> ,; :n'ac.\..�.l;>P;�A\i DpF FRED WARING DR: . — ,., ',.,•i ,r. sf_7P„ .. .;,. j;..; = •I :n I;.l,f��\;,.J•_9. ''dC .,,rr0 .'y'=n '..'r/y'IC / ' � , I Ir= � ` 1`r% •i'n�.r,•`" j PgrOpf ,pll;': �=r.'` I r: . ...• R.C. .-, ,• I p it ill II;iiiuolis LI i �n!I�I^;i[I'lll I' ' 241 EL PASEO :L1 - ... ::. _ III! ; i •1 �" r;"_�'li' ..y PF'�' ;..}�i hr,; I;;\;n: �!I 'II:I �i II'I•' rlrrl. ,:Irl_,./ o ; Ir:;;' cF1, r;to . • u�>`.��, . III E.5� ' jf i.�,. r_,r.ua..u, •IIII HI•I IIIH.1•I.IO.111•� - II I:i:II " . .� II�yP,i.. II 28 2 5 3 rr / /� I L1,fl. .• I HAYSTACK O.s r i If F- — ----. .. f ,. , - I r . I _ /r 1 .} 1. r } r r 4 + + + + + 1 '•�?ii "d' IV I r} .4 1. !. + .} + + + r + L + I 'n';i' ,v'`.O Ire. ;, "I C.. ^�\.['1`•I\ti �• ':.1:�:11.. } -+ + + r • 1. + } + I ii: ;'Ir. ,_:;;.< .; !', ; .3 �%!,li,�•. r.:_ 33 �i 9 + + } 1.3� } + 4 trr.2 I �, .:/. J I `. 'It/_,.;; : .i•.! .. ,I,., �n'. It + + + + + I. } + 1. i + } I j IIu/❑ II ` 1 I` \I I . Il • + + + •. I. + 4 4 1. + + .� 1 / �1/„`:.,'1i•bi./r v�"'.',,,.r . /,. I:.J,�t i� l + 4 L + + 1. + ♦ 1 '� .1'.I::.ill'%1`.'•;•,'P;. '�/: 4 ' :.:%;i: i\'.. � _.—_.__.__._ /10 r CITY OF PALM DESERT PLANNING COMMISSION Gen . Plan Amend . RESOLUTION NO. IL-2 ) DATE A1/1R" I-I 54 1`18 i i �— A4AbNE5 FALLS Val lim ,'. C- C-I P.R. l7 c'-i _71 AHD S. F' P.R. 22 Mt .Jenv§iifv�ov_0 ,� RC. S.RI. T f _ — FRED WARING DRIVE r (4), P. 3, 61 S.P. P. C. (4), +� fL P.R.-6, S.P P.C. ( 3) , S.P. II. HDR. , D EL �o P.R._6 - �� R-I I -.Z CITY OF PALM DESERT PLANNING COMMISSION 0)M °Lylf0T5! OO& MOO yJT5' RESOLUTION NO. J � �� 85- 1 DATE HIMCI+ 1 IgFS - - 4 STATE OF CAUFORNIA—BUSINESS AND TRANSPORTATION AGENCY G E DEUKNEJ IAN Gevemer DEPARTMENT OF TRANSPORTAI DISTRICT B, P.O. BOX 231 1�� /`'� SAN BERNARDINO, CALIFORNIA 92102 T �1 vED Development Review FED , 6. U web 2� r2o. 7s ate J TM RING DcrgktMENT �Co-Rte-PM) OF PALM DESERT � Director of Public Works City of Palm Desert P. 0. Box 1977 APR 2 5 1985 Your R ence. Palm Desert, CA 922060 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Thank you for the opportunity to review the proposed G en e rc�l FPlavN f-1 A)- i a n C-k i qeC o f 7-rr\e- located WPs7Pr lu .S:rle - s Lf �-Lq wa u 12ouie.. iif a-t Park e;.a C)r"Vey ih �� In C>n 57,, r-7` Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. It should be noted that if any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the District 8 office of the State Department of Transportation prior to beginning the work. If additional information is desired, please call Mr. Frank Bocanegra at ( 714) 383-4384. //A S. LI. DAVIES Chief, Development Review Branch Form 8-PD22 (Rev. 12-84) DEVELOPMENT REVIEW FORM o ze: ,ypJs=� WE WOULD LIKE TO NOTE: _ This proposal is considerably removed from any existing or proposed state highway. Although the traffic and drainage generated by this proposal do not appear to have a significant effect on the state highway system, consideration must be given to the cumulative effect of continued aevelopmert in this area. Any measures necessary to mitigate. the cumulative impact of traffic and drainage should be provided orior to or with development of the area that necessitates them.. It appears that the traffic and drainage generated by this proposal could have significant effect on the state highway system of the area. Any measures necessary to mitigate the traffic and drainage impacts should be included with the development. This portion of state highway is included in the California Master Plan of State Highways Eligible for Official Scenic Highway Designation, and in the future your agency may wish to have this route officially designated as a state scenic highway. This portion of state highway has been officially designated as a state scenic highway, and development in this corridor should be compatible with the scenic highway concept. It is recognized that there is considerable public concern about noise levels adjacent to heavily traveled highways, Land development, in order to be compatible with this concern, may require special noise attenuation measures. Development of property should include any necessary noise attenuation. WE RECOM4E.VD: r j( Normal right of way dedication to provide , half-width on the state highway. Nor--al street improvements to provide half-width on the state highway. Curb and gutter, State Standard_, along the state highway. radius curb returns be provided at intersections with the state highway. A stanaard handicap ramp must be provided in the returns at legal crosswalks. Positive vehicular barrier such as AC dike, substantial fence, or physical ` topographical features be provided to limit access to the state highway, _ Vehicular access not be developed directly to the state highway. Vehicular access to the state highway be provided by existing public road connections. Vehicular access to-the state-highway he provided by_standard driveways. Vehicular access to the state highway be provided by a road-type connection. Vehicular access connections be paved at least within the state highway right of way. Access points to the state highway be developed in a manner that will provide sight distance adequate for mph along the state highway. A left-turn lane, including any necessary widening, be provided on the state highway at Consideration be given to the provision, or future provision, of signalization and lighting of the intersection of and the state highway, A traffic study indicating on- and off-site flow patterns and volumes, probable impacts, and proposed mitigation measures be prepared. Adequate off-street parking, which does not require backing onto the state --" highway, be provided. Parking lot be developed in a manner that will not cause any vehicular movement conflicts, including parking stall entrance and exit, within of the entrance from the state highway, _ Handicap parking not be developed in the busy driveway entrance area. Care be taken when developing this property to preserve and perpetuate the _ existing drainage pattern of the state highway. Particular consideration should be given to cumulative increased storm funoff to insure that a highway drainage: _ problem is not created. _X Any necessary noise attenuation be provided as part of the development of this property. _ Please refer to attached additional comments. . WE WOULD LIKE TO RECEIVE: X_ A copy of any conditions of approval or revised proposal. A copy of any documents providing additional state highway right of way. WE WOULD LIKE THE OPPORTUNITY TO REVIEW DURING THE APPROVAL PROCESS: _ any proposals to further develop this property. _ A copy of the traffic or environmental study, if required. _ A check print of the Parcel or Tract Map, if required. A check print of the Street Improvement Plans for the state highway, if required. CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Consideration of a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres, located on the west side of Highway 111, 200 feet northwest of Painters Path. APPLICANT: CITY OF PALM DESERT CASE NOS: GPA 85-1 and C/Z 85-1 DATE: MARCH 28, 1985 CONTENTS: A. STAFF RECOMMENDATION. B. DISCUSSION. C. DRAFT RESOLUTION AND ORDINANCE NO. D. PLANNING COMMISSION MINUTES INVOLVING CASE NOS. GPA 85-1 AND C/Z 85-1. E. PLANNING COMMISSION RESOLUTION NO. 1030. F. PLANNING COMMISSION STAFF REPORT DATED MARCH 5, 1985. G. RELATED MAPS AND/OR EXHIBITS. --------------------------- A. STAFF RECOMMENDATION: 1. Waive further reading and adopt Resolution No. , approving GPA 85-1. 2. Waive further reading and pass Ordinance No. _ approving C/Z 85-1 to second reading. B. DISCUSSION: The general plan amendment and change of zone were initiated by the city council as a result of the November 6, 1984, election. At that time voters in the City of Palm Desert passed a city measure disallowing any commercial use and/or development in the hillside areas. This property is the site that Don McMillan was denied a conditional use permit for a restaurant in August, 1984. The general plan presently indicates the property and surrounding area as Core Area Commercial. As such, the property is zoned C-1 (General Commercial) in order to be in conformance with the general plan. Proposed is an amendment to the general plan land use designation from General Commercial to Hillside Planned Residential. This would implement the city measure prohibiting commercial development and/or use in the hillside areas, by eliminating the commercial designation. Along with the general plan amendment, a change of zone to HPR (Hillside Planned Residential) is proposed which would implement the amendment. The planning commission at their meeting of March 5, 1985, reviewed this item. The property owner's attorney spoke and questioned whether residential zoning is economically feasible. He also indicated that he hoped that residential development would not instigate another initiative on his clients property. Two other Palm Desert property owners spoke and indicated an objection to any type of hillside construction. The planning commission generally felt that approval of the item was substantiated for various reasons. Mr. Richards felt that the HPR zone would provide the necessary protection of the hillsides. Mr. Erwood felt the voters had voiced their opinion. Mr. Wood felt the change should go to the city council for their action. Chairman Crites felt that while the citizens have indicated they do not want GPA 85-1 and C/Z 85-1 Continued commercial development the city does not know what they would accept on the property, if anything. After this discussion, on a motion by Mr. Richards, seconded by Mr. Wood, the planning commission unanimously adopted the findings and resolution recommending the general plan amendment and change of zone. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NO. GPA 85-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of March, 1985, hold a duly noticed public hearing to consider a general plan amendment to change the land use desilgnation from Core Area Commercial to Hillside Planned Residential and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-020-003 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said city council did find the following facts to to exist to justify their actions: 1. Change of general plan designation would conform with intent of city measure passed in November, 1984, precluding commercial use and/or development in hillsides. 2. Hillside Planned Residential designation would permit viable use of property. 3. Hillside Planned Residential designation would not be detrimental to the health, safety, or general welfare of adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. GPA 85-1 (exhibit "A") and a negative declaration of environmental impact are approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this day of , 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Am « ! >Q� - � ----------- -COUNT . Y--CLUB—DRIVE-- s ! HOVLEY LANE j 12 I 7 1 I 1 / P W•: I � 1 `%•� ' .''-II-fin'/%��`�V I n' ..HH ':.nJi.ll.i�N•_ 'J/ �L'�;,'„•.1..i do < ",:r..')�.' l T �� jz RPR \ 11 P �.••. ", COLLF.CE PARK VIEW DR. OF THE q;.;•y u :,.p :• ,;. .h`c, DESERT GC ,F FRED WARING DR: - • 'n�'n• -OFFP e..,'"` _II_./ n 'n•%�^P'iil.. � . � �%"1� + ;;rid"�r ,��'� '�;a_•-.,I,� '"_ - r;i_u�l�;n�•11..,J ;�•., R,C. I Ill. ;:Y11'I�(I!��L!I IIIIII II111'�I[I' - ! it `�''`" I.i. •;• 7 Ill / 7 2[} • r'��':'il R.C. ..:v[• ...'ki .�.. .:•: :: .. EL PASEO . �.i:. ..n'; :/ u' i• Ld'a,„86h;, ncm 4q�x '.:.:• .I � . I,I I � '� • H.CR, i `..IrS,: :Ir;. :I�: il�,t.�.�,'„�,'� =1�r;',�.I,:•��• .. QP F. P. �• i I `,':°.ra ilr/ • .• E.S. I>II `_•'7„'°'. •:`r:µ-..4 ^q.` II t P.F.'uy i•IB.S • II'I:.i,l :. III 11- •,n-�fr. ,x'v;qz 28 25 -P os �. HAYSTACK r r + + + + + + Fi + + h + F = . .h .,. h E + 1 4 F + + + 1 h :�:'.il❑ .. ,.,,ll J.�{�.,f Y '"'' .,�..n�•;rli yl, ry,,,''E �.._oP Fr + 1- h + r + + ,,J' , II;. ;;r " " _.l: J '1`�\�V :� � -:,,. .11-- 33 1L + + r + i I- + t + + 1 >�;: '` ' :• rr, �lr:_ ="11. ... i� '7; /ice%.� ,:,... 4.3 Lill I- + t -4 6 F t. .S• 1. + + .� 1 11,1_v;.yi.b%`A,;:��) i'; ji'�I,.Q rr A . I l 5 4 t 2 CITY OF PALM DESERT CITY COUNCIL Gen . Flan Amend. RESOLUTION NO. DATE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM C-1 (GENERAL COMMERCIAL DISTRICT) TO HPR (HILLSIDE PLANNED RESIDENTIAL) ON 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NO. C/Z 85-1 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That a Negative Declaration of Environmental Impact is hereby certified. SECTION 3: The city clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the Palm Desert City Council this day of by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Am (— MAGNESIA FALLS LL n . " r - --- _ C-1 P.R:ylLL r T t t l 14PR ,� � AHD S. p f --�=-P ; P.R. 22 (4 ) �env4 Oil vo + ' F c_ P.C. S.P. Yt� ;I I2 (4). ,-- •'`N�AN I ILI `, FRED_ARING DRIVE S-I R P. C. vA (4)+ P. P. C. (4), r. Z4:1 P.R.-6, S.P. ;T 3) '� • P.C. ( , S.P. H.f?R. , D EL P.R.- 6 - R-I -_ l 1 CITY OF PALM DESERT CITY COUNCIL CTEJ,\ S,E�r c' M OO Y ORDINANCE NO. A85-1 DATE 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 March 8, 1985 CITY OF PALM DESERT LEGAL NOTICE Case Nos. GPA 85-1 and C/Z 85-1 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a General Plan Amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C- 1 (General Commercial) to HPR (Hillside Planned Residential) for 13.1 acres (on land for which a conditional use permit request by Donald McMillan was denied), located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-020-003 —L-�--- /, - ily \ `i5I v, PR: C-I • 'rF S.P n iC A H D ' P.R. 22 L (4)1 11)i.. .... OPO p PC. S.h `i (. R (4), ` p' ,__,Hnx']Pxnnl FRED WARING ? URIVE =—S-I R s PC. IIL r (4), 1 P. 6, S.P. [. RC. (4), E SAID Public Hearing will be held on Thursday, March 28, 1985, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city council (or planning commission) at, or prior to the public hearing. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post March 15, 1985 Am S 8S\ �s Paul Moller f Ay C12A16- 73-465 Goldflower Laurel Development Co. Palm Desert. Ca 92260 2323 SE Main St. 77? 0 684-470-013 Irvine. Ca 92714 PiZ,y re`r+ bi Paul Moller Robert Clark �T�i/c C RLXeAs 72-235 Painters Path 14805 S. Maple ,Sit. 7/ 1?3 Palm Desert. Ca 92250 n Gardena. CA 90248 Michael Birnhaum 6 James Baker S Pierre Auw pD �� ?4,e1171c-,,5-W1P Frances Beadle 72-201 Hwy I I 1 3r3� ✓�pFE.2SON S%. GO1 Duncan Ave Palm Desert. CA 92200 Si1ro DtEG-O (A qa I 10 Modesto. Ca 95354 1U,cN� 5 LgFSoN G1T� OF >°dWG�lo M IP�y Joe A. Coelho i• Vee N. Van Delden 12800 C. Walker Ave &r' 5 4tjy (1 I 77760 Seminole Rd. Ontario. CA 91761 W)YZ[g God Indian Wells. CA 92250 a7o Legris Bros. Inc. Fireside Thrift Winifred A. Cody 72162 Hwy 111 2529 Broadway 1950 Desert Palm or. Rancho Mirage. Ca 92270 Redwood City. CA. 94053 9 Y Palm Springs. Ca 92262 I 7�0t'j n(�1 �'�t I' Cal West Real Estate Fund 80 Randall Nedstram G P 0 - V'��' J)� 4401 Atlantic Ave t400 Stephen Church �G11D �;�I ¢ La"W-701 Long Beach. Ca 90867 5 Celeste Place �" / Rolling Hills Est.. Ca 90274 C/ nL� 111 Properties Inc. SNJ /ti�t�11,1c 01r 4311 Wilshire Blvd. St.505 5�15 Mapls i 1?D. � //J� v�JP�-z � Los Angeles, Ca 90010 840-020-0I1 Paper Dolls Interiors Inc IdeIIa Conrad 72-146 Hwy 111 252 Herman Street Rancho Mirage. CA 92270 1 San Francisco. CA 04117 I -HA lS h s � Adele Donnelly ' S colmb) Peter Bruni 934 5th Ave: 72-146 Hwy 11.1 U Las Angeles Rancho Mirage. CA 92270 CA 90019 POP Associates Thomas Investments 1000 Dave St. Ste. 130 P.D. Box 57945 J Newport Beach, CA 92560 Los Angeles. Ca 90024 Naegele La Mar Dean of California A-R. Button 68-300 Perze.Rd 10375 Wilshire Blvd. , Cathedral City, Ca 92234 Los Angeles. CA 90024 r ' ICella Conrad 282 Herman Street A.R. Button San Francisco, CA 04117 Peter Bruni 10375 Wilshire Blvd. . 172-146 Hwy 111 618-270-002 j Los Angeles CA 90D24 1 Rancho Mirage. CA 92270 616-270-007 - .Joe A. Coelho I Thomas Investments 12890 M Welker Ave Paper Dolls Interiors Inc Ontario, CA 91761 P.O. Box 57945 72-146 Hwy 111 Los Angeles. Ca 90024 Rancho Mirage. CA 92270 James Baker 6 Pierre Auw Randall Nedstrom 6 Vee N. Van Delden 72-261 Hwy 111 Stephen Church 77760 Seminole Rd. Palm Desert, CA 92260 5 Celeste Place Indian Wells, CA 92260 - - j Rolling Hills Est., Ca 90274 Winifred A. Cody ' Michael Birnhaum G Robert Clark 14805 S. Maple 0t. � I 1950 Desert Palm Dr. Frances Beadle Gardena, CA 90248 i Palm Springs. Ca 92262 601 Duncan Ave Modesto. Ca 95354 --- --- -- -- - - - - -- J_. Laurel Development Co. j 111 Properties Inc. - i i Legris Bros. Inc. 2323 BE Main St. I 4311 Wilshire Blvd. St.605 72162 Hwy 111 Irvine, Ca 92714 Los Angeles. Ca 90010 9 Rancho Mirage. Ca 92270 — j 640-020-011 Naegele La Mar Dean of California G1Ty 0-AW690 Ml94(.�E f �- M1f�ha✓1 1 fiat300 hedral City. (oc��5 4�y f! ! MADIsarJ Cathedral City, Ca 92234 LdlJl k iU�l ke46�!t5,,Gbb t ooa a a'10 POP Associates pD /// ?4Z,;Ne7�YWIP )bW MGM1l1.1�e 1000 Dove St. Ste. 130 3 JEPFE;eSoN 5TP , •��. J3 q Newport Beach. CA 92660 S�1N DIEGrp,(74 qa 110 "1 - i �1'[tNCNiZ,S LA�SON j [--oW�w �IQr� �o1�7D Paul Moller Paul Moller 73-465 Goldflower 72-235 Painters Path Palm Desert. Ca 92260 —Palm Desert. Ca 92260 684-47M13 I — — 4) %/ h Fireside Thrift - 2529 Broadway 7/ 93 o/ / wY1N Redwood City, CA. 94063 /�Rtifr/n � 2 e4�d�7� - ---- Cal West Real Estate Fund 90 I f`,qy ` feA/ 4401 Atlantic Ave #400 }, 0.$Ly! S( Long Beach. Ce 90807 ?�i4A/ (]��T("q �Ja 3 6/ I Adele Donnelly 934 5th Ave: Los Angeles, CA 90019 Winifred A. Cody Paul Moller Ve N. Van Delden 1950 Desert Palm Dr. 73-465 GoldFlower 7776 Seminole Rd. Palm Springs, Ca 92262 Palm Desert. Ca 92260 Indian WoOs. Ca 92260 640-020-010 684-470-013 610-270-0 Wini e . Cody Adele Donnelly Vee Van Delden 1950 sert Palm Dr. 934 5th Ave. 77760 min( Rd. Pal Spr gs. Ca 92 62 Los Angeles. CA 90019 Indian We , Ca 92260 64 02D-01 fj - 618-270-005 618-290-002 I I I Properties Inc. Adele Donnelly 4311 Wilshire Blvd. St.605 934 5th Ave. Los Angeles, Ca 90010 Los Angeles, CA 90019 640-020-011 618-290-002 I I I Properties Inc. Peter Bruni Vee . Van Delden 4311 Wilshire Blvd. St.605 72-146 Hwy 111 77760 minole Rd. Los Angeles, Ca 90010 Rancho Mirage, CA 92270 Indian Waits, Ca 92260 640-020-011 610-290-003 618-270-00 Randall Nedstrom 6 Peter Bruni Stephen Church Ve 72-146 Hwy III , Van Delden 5 Celeste Place 77760 minole Rd. Rancho Mirage, CA 92270 Indian We , Ca 92260 Rolling Hills Est.. Ca 90274 616-290-003 640-020-013 618-270-006 Randall Nedstrom 6 Michael Birnhaum 6 Stephen Church Paper Dolls Interiors Inc Frances Beadle Rancho Mirage. 5 Celeste Place Rancho Hwy Mirage. CA 92270 601 Duncan Ave Rolling Hills Est.. Ca 90274 Modesto, Ca 95354 640-020-013 618-290-003 618-290-013 Michael Birnhaum 6 Thomas Investments Paper Dolls Interiors Inc Frances Beadle P.O. Box 57945 72-146 Hwy I I 1 601 Duncan Ave Los Angeles. Ca 90024 Rancho Mirage, CA 92270 Modesto, Ca 95354 684-470-010 618-290-003 618-290-013 Thomas Investments Vee N. Van Delden Legris Bros. Inc. P.O. Box 57945 77760 Seminole Rd. 72162 Hwy 111 Los Angeles, Ce 90024 Indian Wells, CA 92260 Rancho Mirage, Ca 92270 684-470A10 616-270-003,4,sIlo,2.17 618-291-001 A.R. Button Vee N. Van Delden Legris Bros. Inc. 10375 Wilshire Blvd. 77760 Seminole Rd. 72162 Hwy 111 Los Angeles.CA 90024 Indian Wells. CA 92260 Rancho Mirage, Ca 92270 684-470-01 1 618-270-003,41s,to 12 17 618-291-001 A.R. Button V N. Van Delden 4 10375 Wilshire Blvd. 7776 minole Rd. Los Angeles. CA 90024 Indian We CA 92260 684-470-011 618-270-004 Paul Moller VaN. de Van Deln 73-465 Goldflawer 777 eminole Rd. Palm Desert. Ca 92260 Indian Is, CA 92260 684-470-013 610-270-00 ��iv/l �r7GE !?�I. T3oX ��9aa-poi f�.�l.YI �PJP�t �a Ci2 A 1 6- p -5a<- a9 ( 7/ 93 /?A�x,ra �J/irk PA5`aa7p 3[3� JEF✓=E,�SON ST s�N a+�C-OA garro �1ttN c NR,S LA�PSoIv i i G1Ty Or f,*L4o Ml�dl,�E 6A`3�25 u+.jy n f �rw� �1✓-1;c��,r ab � �iaa-7o m Qm a i n yNo NN mY of q_ m bmt $z c q a m U n Q w U m Q F U3U p =us vpv _ 2fU ci o � rA d a m b i d 12 ?, s a e �a m p q n N • a a a a am m -U m�U Y =y O d T g y O i - m a m • m=O t' m28 U3U o q ❑ o� ci d FFFliii • EPvE d E� E b amny 8 , �na m Ana r p m m p m m m p p � v m 0 Q❑am qq @@ p gm u $o d m Y o S `m a m q ry ? a°=z m iLLnC m iL m • p m m a a �so m mie mwo pia yta m WQ q �m Y m u U c t C u O u m m q8O �Qm d , abm p. O> o '� 3 w d Cp 3 m q qd moa d o� � T pnz O UsJ m U�J m J r. s s •N iU Lly 4]m m m m m m ' � J mm b b r�Lic n Uci m � m2LL ry N m'fI9 ppO N � osm d ;sm m I • n ' I m o vry vry a Cm Co aQ mQ mQ mU coU c0U 'm0 L C b N 9 pl N 1� 0 c W Nn cN3 d d ma3 d d pvm dd I N 'J !m 9NL] ml0 m I , m • m .. m m• O O ry U ] U e a m m c E UvU m GN MM DmD Ch mCN fm qdN m E m m m f 0 Rm J u m N @mc m,c_m 4o uq^ 4 JN t J N t m m and U m m C W U z o r po 0 mC Nq L ry L N m m mg am O`m C i. �U mU N u N C gg t9�am oa & c aaJ o J m- QYp Qd Qb y C y f4y �N❑ Np f m U qN m ? �U 'a ana ana m j PROOF OF PUB[ ATION This space Is forth aunty Clerk's Filing Stamp (2015.5 C.C.P. v1 � T • f1 lam• C� V N m TJ STATE OF CALIFORNIA, ..� County of Riverside �? rn I am a citizen of the United States and a CITY OF PAL92-DESElt CD resident of the County aforesaid; I am over rr; — . the age of eighteen years, and not a party to Proof of Publication of or interested in the above•entttled matter. I am the principal clerk of the printer of the CASE..NOS . GPA 85-1 and C/Z 85-1 ........ ................................................. DESERT POST .................................................... ............................................... ... CITY 0 FPA M DESER LEOAC NOTICE ......................... ....................... Gae Nes"OPA85-1 a newspaper of general circulation, printed grid Clz 161 NOTICE ,,,, 9 E fhal - PWtrc eanR - and published . B1-weekly he P _Se an „ ,.... 'ssio co^side e e mentl e , A a he dasgn,�alyyo__ 'S C e In the City of ..RaIN..D.e,s t'.>•.5. Co Aree mm'eT toe �rn Resb'�e �d 1' Count' On of Riverside, and which news. ,o 1 Gene, at b PR�M degPia a 'e, paper has been adjudged a newspaper 0-3� i;aa o �noa<p^tl� of general circulation by the .Superior ae Parma es11 Dmaid c,�ill'a�+as Je p. wle'a„ Court of the County of Riverside, State of h rea,sM BSI N" wa 1,.00 ea •ra n ,cu Pale Pe, more OanoW'a' dasc eda California, under the date of,1A/.5.., 19 A4,, APN 64D 002009 AID Pub-c Hear be o TGesda a t^ 96.. 0 83658 P yne_ cicha he Case Number ................; that the notice, Pa DasalrC. rvi Cenie, ss10 FiedlWarmq On_ a Deserl. of which the annexed is a printed copy (set calyfo Ta I Oth a dbwce in type not smaller than nonpareil), has end'aasledhe"s era era ilBtl d bench be^sera been published in each regular and entire M NA.iiDAZ Pal Set DIE, le10 y+ issue of said newspaper and not in any Pill 9cbm7naaan supplement thereof on the following dates, Pub.D.0"''1, 22..11985, to-wit: 2/22 ......................... all in the year 19..8,5 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. I� Dated at,,,,,,,Palm Desert � !� 22nd Feb. 1985 jNAR 71985 California,this..........day of........, ENVIRONMENTAL SEt2VICES CITY OF PALM DESERT ��p Si natu Free copies of lkla blank form may be Ntured from, CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: 1213) 625.2541 Plesse roguasl GENERAL proof of Publlgallog when ordering this form. City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission. DATE: March 5, 1985 CASE NO: GPA 85-1 and C/Z 85-1 REQUEST: Consideration of a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres, located on the west side of Highway 111, 200 feet northwest of Painters Path. INITIATED BY: CITY OF PALM DESERT I. BACKGROUND: A. GENERAL: The general plan amendment and change of zone were initiated by the city council as a result of the November 6, 1984, election. At that time voters in the City of Palm Desert passed a city measure disallowing any commercial use and/or development in the hillside areas. While the measure was written for all hillside areas, the impetus for the measure was the conditional use permit request by Don McMillan for a restaurant on this property. B. ADJACENT ZONING AND LAND USE: NORTH: C-I/VACANT SOUTH: C-I/PART VACANT WITH SOME COMMERCIAL EAST: C-I/VACANT WEST: AGRICULTURAL OPEN SPACE AND PD-C (RANCHO MIRAGE) /VACANT C. GENERAL PLAN LAND USE DESIGNATION: Core area commercial and related uses. D. PREVIOUS RELATED CASES: CUP 84-1, DON McMILLAN - 12,000 square foot restaurant denied by the city council on August 9, 1984. H. EXISTING CONDITIONS AND PROPOSED CHANGES: A. EXISTING GENERAL PLAN DESIGNATION AND ZONING: The general plan presently indicates the property and surrounding area as Core Area Commercial. As such, the property is zoned C-1 (General Commercial) in order to be in conformance with the general plan. A zoning history of the property was repared for the city council during the McMillan consideration and is attached for your perusal. B. PROPOSED CHANGES: Proposed is an amendment to the general plan land use designation from General Commercial to Hillside Planned Residential. This would implement the city measure prohibiting commercial development and/or use in the hillside areas, which passed in November, 1984, by eliminating the commercial designation. STAFF REPORT CONTINUED MARCH 5, 1985 Along with the general plan amendment, proposed is a change of zone to HPR (Hillside Planned Residential) which would implement the general plan amendment. This zoning would permit residential uses based upon four options with a minimum density of one unit per five acres of land. III. ANALYSIS: A. FINDINGS FOR APPROVAL OF GENERAL PLAN AMENDMENT: 1. Change of general plan designation would conform with intent of city measure passed in November, 1984, precluding commercial use and/or development in hillsides. 2. Hillside Planned Residential designation would permit viable use of property. 3. Hillside Planned Residential designation would not be detrimental to the health, safety, or general welfare of adjacent properties. B. REQUIRED FINDINGS FOR CHANGE OF ZONE: 1. The Hillside Planned Residential (HPR) zoning would be in conformance with the general plan land use designation proposed by GPA 85-1. 2. The HPR zoning would permit land uses and densities which would be the same as those permitted in other similar hillside areas. 3. The HPR zoning would not be detrimental to the health, safety, or general welfare of adjacent properties. C. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed general plan amendment and change of zone would not have an adverse impact on the environment and a negative declaration has been prepared. IV. RECOMMENDATION: Staff feels that this proposal as initiated is acceptable and recommends: A. Adoption of the findings; B. Adoption of Planning Commission Resolution No. recommending to the city council approval of GPA 85-1 and C/Z 85-1. V. ATTACHMENTS: A. Draft Resolutions B. Legal Notice C. Negative Declaration and Initial Study D. Zoning History E. Plans and Exhibits Prepared by S 6 • Reviewed and Approved by Am -2- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NOS. GPA 85-1 and C/Z 85-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March, 1985, hold a duly noticed public hearing to consider a general plan amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) and a Negative Declaration of Environmental Impact as it pertains thereto, for 13.1 acres located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-020-003 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 the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration of environmental impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of this request: General Plan Amendment: 1. Change of general plan designation would conform with intent of city measure passed in November, 1984, precluding commercial use and/or development in hillsides. 2. Hillside Planned Residential designation would permit viable use of property. 3. Hillside Planned Residential designation would not be detrimental to the health, safety, or general welfare of adjacent properties. Change of Zone: 1. The Hillside Planned Residential (HPR) zoning would be in conformance with the general plan land use designation proposed by GPA 85-1. 2. The HPR zoning would permit land uses and densities which would be the same as those permitted in other similar hillside areas. 3. The HPR zoning would not be detrimental to the health, safety, or general welfare of adjacent properties. 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 these cases; 2. That the planning commission does hereby recommend to the city council approval of a general plan amendment from Core Area Commercial to Hillside Planned Residential per attached exhibit 'A: PLANNING COMMISSION RESOLUTION NO. 3. That the planning commission does hereby recommend to the city council approval of a change of zone from C-1 (General Commercial) to Hillside Planned Residential per attached exhibit 'B.' 4. That a Negative Declaration of Environmental Impact is hereby recommended for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of March, 1985, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary /tm -2- >- : -- - GOUNT . Y---CLUB--DRIVE- � ! HOVLEY LANE I - w� I I 3 \ is ...... -_Il oll v.:ll,.,,..II,``p'II JAI.,1�,,0 ';`l, II�;71,n•..'•..,, �- H a PR - 6i s cl I n_q PARK VIEW OR. - co��ECE — n �,b��.vi.. OF THE • L I>III;r;1 DESERT C.0 �j„ ..�:ur n, "��=I'(r 1 • ,,,. • ::, ,Id pa gin•.. "n ,i�;>n'dl ;,✓I.I. ',,: li' 'i r iFRED'WARING DR: - • � � � OFF P�,Lsl,.11�. „-,r',%„?:/:, ; • .ill R,C. w^%:11;�,,mm= 41,..',:.` ':r:'d�V, 24 :I 'ol�cn',7, R.C. •:• .+i , 1 EL PASEO .1 a'; -1,PFI; .............( � { i� _J �l •'I�il�Ill!I'1t1•I , H.RR °. I�,�•,,o ;;,".�: ?;y;�.�l, ,':;:"'1�;11;,11=1;1__'_::,n.`,r.. ; CFF. P.s.++l;`.. • '� II I� a II !//J N•••N••••••••••••••O•••••� `�-j-Il l'�.:�1\I_ lil If��T-�TZi,<R ski V' 1 i . ..... - j 2 5 J pP 28 H.PR. P HAYSTACK os N 1 c 'F! I+ + + + + + + + + ; +. + + + i + + + + + + + ?,I\II❑ .JI,' ��'}}`(.��' I.it `, r, NY,i�I�=\'•r.C.v.�i l: + t + 1 + + + h t + + + + `„y `I�'t`'iJ' t"'YI l`� '�IIh (.'_II•: 1 �,\'. -f ._II + + + + + + + + hr + 1 + + :,,... l, rj�ll_ :.y:d0.i 1.?`;�: 111\<•.�,i,�!„ G L + + + + + + c + + + + + + 33 + + h .F 4 + !. + + .+ , �C 1lq / .i;!'`,1.':+1�i�:'•.- :i.i i'jJ�.11 !. + + } + + .+ + + + + + + + 11 i.'.1�1'1,-C.J/„( '.V 1:/'•:'"'.-1\� II;'l10 ;/' f : i 5 4 CITY OF PALM DESERT PLANNING COMMISSION Gen . elan Amend . RESOLUTION NO. �7LaEL z c zu A DATE i (— M A G N E S I A F A L L S -----.--- P'. �� rr•�r 1 � I . wl , r rL � •� #O C-I >�W'r' P.R.- P rTtt' - I -7i j I AHD S. P ' rI P.R. 22 _.. P. _ --' a '' -�BNU�l1000 O P.C. S.P. F t+ (4)" 1._"AIAN�ANITA . I2 -- --- FRED WARING DRIVE S-I R (4), P. 6, S.P. PC. (4), w y U r t .r lV r c n " Il �� hl _ "' •',err' PR.-6, S.P. " P.C. ( 3) , S.P. Id.PR. p EL P.R.- 6 R-I — CITY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. �85- 1 DATE February 15, 1985 CITY OF PALM DESERT LEGAL NOTICE Case Nos. GPA 85-1 and C/Z 85-1 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a General Plan Amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) for 13.1 acres (on land a conditional use permit request by Donald McMillan was denied), located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: 0).0 APN 640-ODR-003 JT1 _c,Q —_ >r 17. 71 AHD S.P. P.R. 22 L ' /A \r �pflV�I1W_DpOQ � _ PC. S.P [21 (4)♦ 1 -W/rN�eNllfll a L111'L I - - FRED WARING DRIVE R 1 (4), P. 1. 6, S.P. P.C. (R), r C M1 SAID Public Hearing will be held on Tuesday, March 5, 1985, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post February 22, 1985 Am s 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: GPA 85-1 and C/Z 85-1 APPLICANT/PROJECT SPONSOR: CITY OF PALM DESERT PROJECT DESCRIPTION/LOCATION: General plan amendment from Core Area Commercial to Hillside Planned Residential and change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) for 13.1 acres located on the west side of Highway 111, 200 feet northwest of Painter's Path. The director of the department of environmental services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES Am III _ INITIAL STUDY CASE NOS. GPA 85-1, C/Z 85-1 Environmental Evaluation Checklist Comments and Possible Mitigation Measures (Categories pertain to attached checklist) 11. LAND USE With the proposal, the presently planned core area commercial and C-1 zoning would be changed to Hillside Planned Residential, which would preclude any commercial use and/or development. MITIGATION MEASURES: None are required since change would not create adverse environmental impact. *NOTE: This Negative Declaration of Environmental Impact is based upon the proposed h general plan amendment and change of zone. Since no physical changes to the land are proposed there are no adverse impacts at this time. When a plan for construction on this site is submitted further environmental review will be required. CASE �- C/Z S'S- ENVI$ON?IENTAL SERVICES DEPT. INITIAL STUDY ENVIRO`UENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets ) . Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction, or overcovering of the soil ? c. Change in topography or ground surface relief features? d. The destruction, covering , or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? _ _ _ 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? �1 2. Yes Maybe No 3. Water. Will the proposal result in: a_. Changes. in currents , 'or the course or 4 ` direction of water movements? b. Changes in-absorption rates , drainage Patterns, or the rate and- amoiint of \ surface water runoff? Y c. Alterations to the course or flow of flood waters? \v d. Alteration of-the direction or rate of flow of ground waters? e. Change in the quantity of ground waters, I either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? _ f. Reduction in the amount of water other- wise available for public water supplies? �a 4. Plant Life. Will the proposal result in: a. Change in the diversity of species , or numbers of any species of plants (including trees , shrubs , grass , and \ crops)? V b. Reduction of the numbers of any unique, rare, \ or endangered species of plants? _ V c. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? 5. Animal. Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or \ insects)? V b. Reduction of the numbers of any unique, rare, or endangered species of animals? _ V c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ d. Deterioration to existing wildlife 'habitat? 3. Yes Maybe No 6. Natural Resources. Will the proposal result in: a. Increase in :..the rate of use of any natural � . resources? b. Depletion of any non-renewable natural resource? 7. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or re- quire the.deselopment of new sources of \ energy? V 8. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides , oil , chemicals , or radiation) in the event of an accident or upset conditions? 9. Econonic Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? _ b. A change in the value of property and impro•4enents exposed to geologic hazards \ beyond accepted community risk standards? _ V 10. Noise. Will the proposal increase existing noise levels to the point at which accepted co=unexceeded? noise and vibration levels are exceeded? 11. Land Use. Will the proposal result in the a t�T eration of the present developed or • planned land use of an area? 14 12. 02en Space. Will the proposal lead to a decrease in the :amount of designated open space? 13. Population. Will the proposal result in: a. Alteraticn or the location, distribution, density, or growth rate of the human Population of the City? b. Change in the population distribution by aye, income, heligion, racial , or ethnic \ h group, occupational class, household type? V 4. Yes Maybe No 14. Emolo ent. Will the proposal result in additiona new long-term jobs provided, or a change in the number and per cant employed, ' unemployed, and underemployed? 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? _ b. Impacts on existing housing or creation of a demand for additional housing? _ 16. Transportation/Circulation. Will the proposal resort tn: \ a. Generation of additional vehicular movement? �! b. Effects on existing parking facilities, or \ demand for new parking? c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation \ or movement of people and/or goods? Y e. Increase in traffic hazards to motor vehicles, bicyclists , or pedestrians? 17. Public Services. Will the proposal have an effect upon , or result in a need for, new or altered governmental services in any of the following areAs: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities , including roads? _ f. Other governmental services? V Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: a. Power or natural gas? _ b. Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? V 20. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. A change in the level of community health care provided? 21 . Social Services. Will the proposal result in an increased demand for provision of general social services? _ \ 22. Aesthetics . Will the proposal result in: y �L a. Obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? c. Lessening of the overall neighborhood J— (or area ) attractiveness, pleasantness, \ and uniqueness? 23. Li ht and Glar.,. Will the proposal produce ne.v ight or g are? 24. Archeological/Historical . Will the proposal resu tin an a teration of a significant archeological or historical site, structure, object, or building? 6. Yes Maybe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail \ the diversity in the environment? s _ b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into / \ the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment \ is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects \ on human beings , either directly or indirectly? Initial Study Prepared By: �G�,1A177CJ eifJa � n INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and City Council FROM: Director of Environmental Services SUBJECT: Zoning History of the Top of the Desert DATE: July 29, 1984 Restaurant Site. 1973 - On the county zoning map, three acres of the subject property located on the lower slopes were zoned C-P-S (Scenic Highway Commercial). The rernalning ten acres including the proposed restaurant site on the top of the hill was zoned W-2, a general holding zone where specific use is determined when an application is submitted. 1975 - On the original Palm Desert Zoning Map, the three acres on the lower slope were retained as general commercial and the upper area was rezoned PR-1,H. 1979 - Pursuant to the Palm Valley Specific Plan, the upper ten acres were rezoned to open space. The three acres of commercial were retained. 1983 - After the discovery of gross inaccuracies in the slope analysis which formed the basis of the Palm Valley Specific Plan open space zoning recommendation, a new specific plan was initiated. The city attorney advised the Hillside Subcommittee that hillside overlay and open space zoning which does not provide property owners with any viable use could result in invalidation of all hillside development regulations or a successful inverse condemnation lawsuit. Since the city did not have accurate topographic data necessary to pinpoint appropriate developable sites, all open space not in public ownership was to be rezoned. Areas adjacent to existing residential zoning was rezoned residential; areas adjacent to commercial zoning to commercial. While it was agreed that the vast majority of the hillside acreage would ultimately be maintained in open space, appropriate sites for development were to be determined when accurate topographic surveys were submitted with hillside development plans, precise plans, or conditional use permit applications. On the subject property, the three acres zoned for commercial development on all maps prior to 1983 actually represents the steepest portion of the site and the area least appropriate for development. If the upper portion had been rezoned residential instead of commercial, then the city ran the risk of seeing both commercial development or the exposed steep slope and two residential units on the proposed restaurant site. Zoning History of the Top of the Desert Restaurant Site It was determined that more control could be exercised if only one use was allowed on the property. Since the area was surrounded by commercial and service industrial zoning, the area was designated C-1 with final site selection occurring as part of the precise plan or conditional use permit process. ATTACHMENTS: Zoning maps for 1973, 1975, 1979, and 1983 RAMON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/tm _ r l �• 83 s G'.ANCHO MIRAGE CI MAGNt- , I -T y Or PAT `-C' 1 1 4N'O OH R R.-7, i C - - R I - _ ' wR f. 1r tL tt tt- I �CACYOS A P PR. 22 P :• .. ( 4 ) Menu b000 S. P. 1 :120 C yNANJ ANIif.l..� ',� (, RI N o R- I 0 AT FRED WARING DRIVE S- I P C. 'R . RrI (4), 1 , P 6, S. P. C• S EA VISTA S/ r C <i (!) 'x 1AMRICO DRIVE "CR a �u as NCHO GR ND ' I R. "6, S.P. P.C. (3), S:P. P.C. ( 3) , S.P. ; P.C.I( H PR , ��, �, D �� , El PA 5 E 0 P P.R.- 6 ' , I i RAN 6HO. IdIR90e`,. LIP i i a C-IO%R i y W `TPAij4l7id! •, P.C. '�i i , '• CAI, (4) S.P. YANSAM . P.R-7 S.P. R 1 "- P. 11,DPp g R' I°A 44TH AVENUERIN P.C. R=1. (4), S. P. e P.R.-6 , S.P. RA P.C.� (4), S.P. i I M I PC. �� 7`-1. TAM PICO DR. y Y .,r.�.,.:1. (4) , S.P. \ R-3 (8), R 1 R-I }. S.P. RANCHO P.R. - 3 PR:6. S P -;•. d+ h P.C. (3 ), S. P. P. C. (3), S.P. P.C.(3),: EL PASKO PR. - 2 d , h P P.R.- 6 R-1 P.R.- 3 d,A BAN,-,DISTRICTS OVERLAY 019?`RICi3 CONVENTIONAL SINGLE FAMILY/MOBILE HOME SERVICE (--p ••,y�.pRAINA¢EWAY, FLOOD Pl AGRICUI_TU RAL R-I-M RES.DISTRICT S•I. INDUSTRIAL I—=_a{WATENL'AURIC CITY OF PALM DESER Z ' ! i P.R. �10 \ IW C I ,S.P. ` 3 -- ---'— --- ,VIEW On! ' :SITE: 7fl p v c R-1 ao I _ P.C. S.P. 2,000 / L R-1 n,00o J — R ._ I 1 0 `eaN e0 a R-I P.C. 12,000 t V: C-1 , (4)T S.P. NANZANI ADR P. � S. , r- .am:redol?l *-, w, .M, R-1 I1,000 R-1 It, e.P.. . f PC. V y (4), S. P. R-71 I � PC. (4), S. c R-1 o � W PR- 6 , S. P. R-1 N PC. w � (4) a S-P \ R-1rAKGHU J \ 4 PR.-6, S. P. • P.C. (3 ), 5: P. b ti\ P.R - I, H P. C. (3), S. P. P.C.(3),' \Ilk. O EL P A S E 0 RR.-6 R-1 I �M _1 BASE DISTR;,--f , OVERLAY 1ST; &01- �I, ' M:iB:LE HUM! SERVICE I .L "' AIN AGEWAY, FLOOD PL, A AGRICULTURAL_ I R -M S.I. l INDUSTRIAL ��TERCOURSE R•E RESIDENTIAL ESTATT: P PLANNED I PLA'!',ED RESEARCHI S.H, SEISMIC HAZARD . R. P.I. f RESIDENTIAL I ;NDUSTRIAL PARK RESIDENTIAL I -' GENERAL ' PUBLIC .I NATURAL FACTORS k- IJ SINGLE FAMILY C-- I COMMERCIAL. P INSTITUTIONAL N RESTRICTED DEVELOPMEI RESITIAL SINGLE NFAMILY S STUDY H HILLSIDE l RESIDENTIAL PLANNED S.P. , SCENIC PRESERVATION R-3 P. C. O.S, OPEN SPACE ____ MULTIPLE FAMILY ,.__ _ J COMMERCIAL � -1w1AGNt.Sin_ F.L:-S----OR-____-___-_.. 1 (� � / 0 00 a R I s \ a o r.m Z SE RT —.__.OH .--_.\ �.. � Z. _ s D N _ _ 07000 BARBARA--- I?N - -� A iM G C). c 'Rz I -P� CV MIMOSA DR O S1rL`' CHUL ti{> Cr--J� R - 3 W-2 /�\ � — 6 J R-I ',A: 'USL 700`� ARBOLE DA \� gyp(_ z N �RII o Im RRUSHw00[' IP R O ti N U U GIORIANA 1 ; i R- c 1 m \`� N R- I a R-z- b p 77 u, o iNORA OR. R I Q: SIW-o NK R-2 qy 7000 SIERRA .VISTA RO Ate? CATAUN. Z rJ Td WPICC OR. R-2 e cuaDAu \'A RAN::Hi; IiR 0.NDE Q \ R ) D D D m c � < N t � N C D C, cn r..\ S �• �\ oR 2IS GP-5 m z u e C•0. C - P - S L W 2 f U4 n . 2 ' 6000 4, oss 0� dpr4"A 4 -�sr •� r 'O aE4VENrAll— 1--------- sr 0 G R 1 p 9 NO � `•' n �` "EEt;e"oG-l—_sr g e t7 \ F 2 - P W 6000 ' d M 1 �] R-I R - 1 GRAPEVINE - - -- r.3. T P - I - 10 i - o00 l., w R J -. p .. l - I0,0 - 4000 z t'VPSE HA-. c,, R-1. 10000 December 13, 1984 Mr. Donald A. McMillan Post Office Box 1139 Rancho Mirage, California 92270 Re : Your undated letter addressed to City of Palm Desert, Attn: Ray Diaz, Director of Environmental Services Dear Mr. McMillan: In the view of the City of Palm Desert, the initiative passed by the voters in Palm Desert precludes commercial zoning on your property. There appear to be two alternatives available through the zoning process to be applied to the property, one being open space and the second being hillside planned residential . The Staff has, on the instructions of the City Council, started the process for the rezoning of meter and, in so o g the Staff has recommended t hill planned residenti for the property. Pen n action on`sucTzoning, any application filed would, of necessity, not be determined prior to a resolution of the zoning on the property. Certainly, if you wish to file an application knowing that it will be processed but held from the hearing stage until such time as the zoning is determined, you may do so. If you have any further questions, please contact me. Yours very truly, DAVID J. ERWIN DJE/vcd CC : Richard R. Terzian Richard Romer Ray Diaz, City of Palm Desert 9� City of RANCHO MIRAGE ......6 69-825 HIGHWAY 111 RANCHO MIRAGE CALIFORNIA 92270 TELEPHONE (619) 324-4511 the February27, 1985 .,• ,`I Ramon Diaz Director of Environmental Services ENVIROfVP;ILifJTn1 City of Palm Desert CITY OF PA6'1 1) E3LRTFS 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: GPA 85-1 and C/Z 85-1 - Request for Comments Dear Mr. Diaz: The proposed zone change to Hillside Planned Residential (HPR) for the entire 13.1 acres would be desirable over the existing Core Area Commercial (C-1) designation now in place. Any residential development, presumably at very low density (1 DU/2-1/2 - 1 DU/5 acres), would not generate a significant amount of traffic as the present commercial zoning might. The main concern of the City regarding residential development at the site would pertain to unsightly scars which might result from necessary road and pad cuts. Appropriate architecture and landscape screening of each residence would also be of concern to Rancho Mirage residents. Thank you for this opportunity to comment on this proposal. Sincerely, David J. Abrams, AICP Director of Planning DJA:JM:dko s 125Ac.; so ` \ V, s;a i \ s .<•i \ o /U0. 2 �•. Oat:c.. (20Ac� n 2 02Ac y; ' •� a 1�Gat B J > 39 M1 2 33 .v S JI BK "� Polo c g 193 R /29AGN U s� ''� r5y3 •f• V 0 6 a �r3 , L//AcN/. • P /255Ach ss>Ba Acr 2 m O 395Ac/W. 4; Ym.ae a c Po// Y r ° O L33ac/v[ `/n rYB 3r eve 24 (� A - a aura:cc o 08 BTaT£HWr/// 98658I ASSESSOR'S MAP SK 640 PG 02 ([ RNERS/OE COUNTY, CA�/F N.P A Y y nriY �4I Yh . .n.l.a:.e:,.Dvt..a.' y,,..YIfXdLf.+b�..4h<stwx.`- _ �..,'_i�� ..4 a•.wo.. - .._ Y <' February 15, 1985 CITY OF PALM DESERT LEGAL NOTICE Case Nos. GPA 85-1 and C/Z 85-1 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a General Plan Amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) for 13.1 acres (on land a conditional use permit request by Donald McMillan was denied), located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: 0}0 APN 640-ODR-003 14 , 4- AHD\ I S.P. L(4), P.R. 22 PC. S.P I -- R. ly FRED WARING l DRIVE �r (4), P P. 1. 6 S.P. C P.C. (4), E l )I ? ILI C l h _ • In � J SAID Public Hearing will be held on Tuesday, March 5, 1985, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post February 22, 1985 Am qL 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO(S): A4JD CIZ SS - I PROJECT: G#e�,)-C- 1L Pt.a1JJ 4McfJ1�lASf.7l- .41.1A �I�fJC,I� car ZOKJE-, APPLICANT: GT)/ Or P4Lj Enclosed please find materials describing a project for which the following is being requested: a General Plan Amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) for 13.1 acres (on land a conditional use permit request by Donald McMillan was denied), located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-002-003 The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval. The city is interested.in the probable impacts on the environment (including land, air, water, minerals, flora, fauna, noise objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. 3-f-SS , in order to be discussed by the land division committee. The land division committee (comprised of director of environmental services, city building official, city engineer, fire marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any information received by this IIJ office after the receipt deadline will not be discussed by the land division committee. Sincerely, RAMON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RD/Ir Attachments PLEASE_ R.Frtic nt KAAP wlr ! \{'+� RIPER.S/DE.v. I .• ' � Rnli' ii1t, tit r{RD 1.11.1 CHILF 210WESTSAN]ACINTOAVENU£ February 25,1985 PERR,.RRIS,C.,WFORNL492370 S '�'HONE:(714)657.3183 FEB251935 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Reference: GPA 85-1 and C/Z 85-1 Applicant: City of Palm Desert Dear Mr. Ramon Diaz The proposed changes will have no immediate effect on fire protection services. Specific fire protection requirements will be determined at time of development. Sincerely, RAY HEBRARD Fir Chief By, Mike cConnell Fire Marshal December 13, 1984 Mr. Donald A. McMillan Post Office Box 1139 Rancho Mirage, California 92270 - Re: Your undated letter addressed to City of Palm Desert, Attn: Ray Diaz, Director of Environmental Services Dear Mr. McMillan: In the view of the City of Palm Desert, the initiative passed by the voters in Palm Desert precludes commercial zoning on your property. There appear to be two alternatives available through the zoning process to be applied to the property, one being open space and the second being hillside planned residential . The Staff has, on the instructions of the City Council, started the process for the rezoning of matter and, in so 0Ynq�the Staff has recommended t hill P planned residenti ]./for the property. Pen n action on suc zoning, any application filed would, of necessity, not be determined prior to a resolution of the zoning on the property. Certainly, if you wish to file an application knowing that it will be processed but held from the hearing stage until such time as the zoning is determined, you may do so. If you have any further questions, please contact me. Yours very truly, DAVID J. ERWIN DJE/vcd . CC. Richard R. Terzian Richard Romer Ray Diaz, City of Palm Desert TO OAG� TpL: PFROM M C ^RE C/O E-7 p,NOMRER it p OF �d YJ2 /to) 7 �/! I E EN$' N ( E M E Ig � A E c E EO p CALLi PETURNEO WANTS TO r. WiLt CALL L AXONEO 3Aq( _J CAL. J' SEEYOU AGAIN URGENT AIGNER FORM NO.50116 I CIRCULATIUN LIST FOR ALL CASLS Circulation of Tentative Maps, Parcel Maps, CUP' s , CPA' s , etc. : REVIEW COMMITTEE: 1 : Palm Desert Director of Environmental Services - Ramon Diaz 2 Palm Desert Director of Building & Safety - Jim Hill 3. iPalm Desert Director of Public Works - Barry Mc Clellan 4. JPalm Desert Fire Marshall - Eric Vogt 5. Palm Desert Redevelopment Agency Consultant - Les Pricer 6. Robert P. Brock Office of Road Commissioner and County Surveyor Administration Office Building , Room 313 46-209 Oasis Street Indio, Calif. 92201 (Phone: 347-8511 , ext. 267) 7. M. A. Ferguson Imperial Irrigation Dist. Power Dive P.O. Box 248 Coachella, Calif. 92236 (Phone: 398-2211 Lowell U. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C.W.D. ) P.O. Box 1058 Coachella, California 92236 (Phone: l,714) 398-2651 ) R. J. Lowry v Project Development Services California Department of Transportation e P.O. Box 231 San Bernardino, .Calif. 92403 (Phone: I714- 383-4671 ) 10. Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, Calif.. 922/0 (Phone: 345-2831 ) 11 . Director of Planning City of Rancho .Mirage 69-825 Highway 111 Rancho Mirage, Calif. 92270 (Phone: 328-887'1 ) 12 Kermit Martin Southern California Edison Company P.O. Box 203 Palm Desert, Calif. 92260 .(Phone: 346-8660) 13 Al Doody, RC6003 General Telephone Co. P.O. Box 2920 Pomona, Calif. 91766 (Phone: ) (149 R.W. Riddell Engineering Department Southern California Gas Company P.O. Box 2200 Riverside, Calif. 92506 (Phone: 327-8531 , ask for Riverside extension 214). S _. 15. Roger Harlow Director - Pupil Personnel Service Uesert Sands Unified School District 83-049 Avenue 46 Indio, Calif. 92201 (Phone: 34/-4071 ) 16. Dick Wolford Palm Desert Disposal Services, Inc. 36-711 Cathedral Canyon Drive P.O. Drawer LL Cathedral City, Calif. 92234 (Phone: 328-2585 or 328-4687) 17. Robert Lawman President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, Calif. 92260 (Phone: 346-6338) 18. Regional Water Quality Control Board 73-271 Highway 111 , Suite 21 Palm Desert, Calif. 92260 (Phone: ) 19. Harold Housley Foreman/Mails U.S. Post Office Palm Desert, Calif. 92260 (Phone: 346-3864) 20. Joe 8enes Vice President & General Manager Coachella Valley Television P.O. Box 368 Palm Desert, Calif. 92260 (Phone: 346-8157) 21 . Don Mc Nei Ily Palm'Desert Chamber of Commerce 74-004 Hwy. Ill Palm Desert, Calif. 92260 (Phone: 346-6111 ) 22. Kevin Manning Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, .Calif. 92201 (Phone: 347-8511 , ext. 277, 278, and 279) 23. James Whitehead Superintendent - District 6. State Parks and Recreation 1350 Front Street, Room 6054 San Diego, Calif. 92101 (Phone: (714) 236-7411 ) 24. Robert I. Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 El Paseo Palm Desert, Calif. 92260 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASENO(S): C1PA, 'F5" f .AND GIZ 3'S- I , PROJECT: C4efJ15C&L PLA►J LSMI✓it�lUMfil.�T' .41.1A C-gw6i5 V'r -20K�a APPLICANT: GITy Of PAL A. Enclosed please find materials describing a project for which the following is being requested: a General Plan Amendment to change the land use designation from Core Area Commercial to Hillside Planned Residential and a change of zone from C-1 (General Commercial) to HPR (Hillside Planned Residential) for 13.1 acres (on land a conditional use permit request by Donald McMillan was denied), located on the west side of Highway 111, 200 feet northwest of Painters Path, more particularly described as: APN 640-002-003 The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval. The city is interested in the probable impacts on the environment (including land, air, water, minerals, flora, fauna, noise objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. 3—(- SS , in order to be discussed by the land division committee. The land division committee (comprised of director of environmental services, city building official, city engineer, fire marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, RAMON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RD/lr Attachments PLEASE RETURN MAP WITH COMMENTS / w I. v✓J. //T vL v. kr .. I 'Sp•/�5 �` /25ACi 189ACf 60 Y1' SCuR. \ cuGb.yo \ ••\ r� \ y - oncho n _ \ <.,T;M.' ,C9/T CE52/t 7784. 'In / 9 p5' No. 2 S ^-1 '042Acf ma, of po 50 "NYe ° /3 t/Ac.I P [20Acf 10 y� 202Ac i Lot B ppp• � e e, �33 has \ Poi4 _o �13- g 129AC , 4 `7O 5 Ilb pj F 5 J r50 o •P 3o a, i9 55 b 6 Q o �, m Por 3 ` I N 254.3. " O C E P L//ACN.. O � I re 1P9 S • P 12.55AC1 ssz8< Poi 2 c � O» I m 6 o . 395Ac N/. 2 t as J znz.zs P„ Poc/ z� m O 1783, 3p3 Odra;OL O O8 - Srar£Hwr//t 988584 ASSE.1�5OR'S MAP BK 640 PG02 C RIVERS/DE COUNTY, CALIF M.P o FOO RN No. �. ��4�1 �� pQdf►� DG �LG, 43 273 Pmac kOy Pwm Law®, FaRmN Doe®rt, CZN222130 Applicant I please print) Mailing Address Telephone city state Zip-Code REQUEST! (Describe specific nature of approval rgauested). p, , , 5 (aJ�P�Ct� f�M nniP-�-1 Q To bf Ll,s t Doi Y�Ld N iJED 1 �1 �A 1Tf A f PROPERTY DESCRIPTION: ASSESSORS PARCEL NO. ...A.PN (, ` 0 Oici a — O o3 EXISTING ZONING a — ' Property Owner Authorizatlon The undersigned states that they are the owner(a) of the property described herein and hereby give author- ization for the filing of this application. Signature Date Agreement absolving the City of Palm Desert Of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT, Absolve "m City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. Signature Date Applicants Signature Gl Cou left 1:>ecX1orJ Signature Date (FOR STAFF USE ONLY) Environmental Status Accepted by: ❑ Ministerial Act E.A. No. ❑ Categorical Exemption CASE Hal at ❑ Negative Declaration ❑ Other Reference Case No._6 1Z ENYIRMM[NT SEW$= ATs a-n-ea