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Home My WebLink AboutPARK VIEW DRIVE/FAIRHAVEN C/Z 10-78 1978J'rA A 4% iIT.ES 9s,C4, '262 0 621-290 621-3 20 .-=I CZ C p-E-fi=F__._.n— C--�— b G— U—O— CJ --� J L PARK VIEW / I III:49' I 1 108 _ 5 5' 31j �I) C �98.5'.1 /� cam! 77 76is WELL 'o O _(334 re � 4 PA TS J 7 5� I T-- ,?� \\, , 74 74 G / 3 \20 �,, �C;%%; ` �r�f �G. ; 0 5 G02 E 6. IN g C S , _.— r 82 J �,Pc� S S 3.8 5 -G -- _� w ; w r 84 (7 J S 64 l i, 07 N I 107 1 2 6 G 61 4 I , 70 t� (C4,' j K F; C 1� 71 .� �3; 55 1 72 :-if�lj, ` / � LEGEND PEZONING REQUEST LOTS 85-89 RENNET-BARBIER 1.553 ACRES SCALF.1" JQV APPROVED BY: DRAWN BY DATE:8 - 2 5 - 7 R REVISED ASSESpoRS NO, 621-332-OOI-C2-03-G4-( R7�? G 21 PAGE 33 - - DRAWING NUMBER p 621-3 20 NCoTE; ELEVATION OE LOTS 85 TH RU 89 19 4' +-0,51 fA/ C , R-7 s.P ' C� W Gs €t2 Q 83 Q 84 LL \ % 0 72 L0 55 u II 56 (. S7 AR�0��o� PARK VIEW I08.55' 76 G a r,, 79 _O 77 02 I PA TSl� 75 8G ,\ 73 _ r_ (C4- 51 67 66 74 74 5 - ® 3 0 C' 4 64 65 62 63 I U 0 Q; 99 WELL LEGEND — ra G A' ---sue. S E Vv E R PEZONING REQUEST LOTS 85-89 BEN,NET-R,ARBI' 1,553 ACRES - EXISTING STRUCTURES SCALED, 11 =1oo APPROVED BY: DRAWN BY� OATE:pF --7 R REVISED 'M� PONER� `PHONE I- T_V.CABLE ASSESORS NO..621-332-001-02-03-04-t WATERMAINS DRAWING NUMBER CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Change of Zone from R-1-12,000 to R-2 MILDA P. BENNETT AND KENNETH BARBIER III. CASE NO.: C/Z 10-78 IV. DATE: October 26, 1978 V. CONTENTS: A. Staff Recommendation. B. Discussion of Issues. C. Draft Ordinance No. 196 D. Planning Commission Meeting Minutes involving Case C/Z 10-78. E. Planning Commission Resolution No. 407. F. Planning Commission Staff Report dated October 3, 1978. G. Related maps and/or exhibits. A. STAFF RECOMMENDATION: Approve a Change of Zone from R-1-12,000 to R-2(7) S.P. by Waiving first reading and Passing to second reading Ordinance No. 196 Justification is based upon: 1. The density resulting from the alternative Change of Zone is deemed necessary or desirable as a transitional buffer to the adjacent existing uses. 2. The attached applicant's submittal labeled Exhibit A, hereby pointing out to the Commission reasons to justify the granting of the alternative of R-2-7,000, S.P. -B. DISCUSSION OF ISSUES: The Planning Commission agreed with Staff that the applicant's request for straight R-2 which would permit a maximum total of 16 dwelling units on the subject property was not appropriate. However, the Commission did agree with the applicant that there was a need for a transitional buffer C/Z'10-7&- October 26, 1978 Page Iwo residential 0-6 d.u. per acre as specified in the College of the Desert Specific Plan. Said designation could result in a density of 7.26 dwelling units per acre. Therefore, the Commission selected the alternative of R-2(7) which would provide a density of 6.2 dwelling units per acre, or a total of nine dwelling units on the subject property. However, said unit total could not be achieved unless the five lots were consolidated into a single parcel. The Commission felt that this requirement for consolidation was beneficial and would result in a project similar to the adjacent condominium development. If the applicant did not want to consolidate parcels, then single family residences could still be built on each individual lot. In analyzing the specific five lots in question, the staff finds that the Planning Commission logic holds true for all but two of the lots. Please note the following analysis: DENSITY ANALYSIS Unit Yield by Lot Lot R-1-12,000 R-2 R-2 (6) R-2 (7) 89 1 3 2 1 88 1 3 2 2 87 1 3 2 2 86 1 3 2 1 85 1 3 2 1 TOTAL 5 15 �— 7 Total Unit Yield if all Lots com- bined 1 16 10 9 Total Unit Yield by combining Lots 86 & 85 and 3 13 10 8 88 & 89 ORDINANCE NO. 196 AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CIIANGING THE ZONE FROM R-1-12,000 TO R-2 (7) S.P. ON PROPERTY LOCATED SOUTH OF PARK VIEW DRIVE BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 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 25.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached exhibit, labeled Exhibit 'A'. Section 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall certify to the passage and adoption of this Ordinance and the same 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 1978, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, Mayor ATTEST: ( CURTT.A u r.TT.T.TrAV r;+., rio,.v Cl I O W 40 'AIII d-O N9i1 bell a'/ 6,� VI. PUBLIC HEARINGS (Cont.) Chairman Kelly excused herself from the case and left the room. C. Case No. C/Z 10-78, BENNETT AND BARBIER, Applicants Request for approval of a Change of Zone from R-1 12,000 to R-2 on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive. Mr. Crump reviewed the staff report and noted the staff recom- mendation of denial and the reasons for this recommendation. .He then reviewed the applicants request for the Change of Zone and noted cor- respondence received the applicants' lawyer. Commissioner Kryder asked if triplexes were allowed in this zoning and what zoning would be required for duplexes. Mr. Crump stated that triplexes are allowed and that an R-2 6,000 zoning would be neces- sary for duplexes. Vice -Chairman Snyder declared the Public Hearing open and asked if the applicant would like to speak at this time. CAL MCINTOSH, Attorney representing the applicant, stated that he disagreed with the staffs reasons for denial. He noted that there is a block wall along the back of the property, he sees no reason for cul-de-sating the street noted as there is better circulation as it is now, and there is a need for rental property in the area. Commissioner Kryder noted that the applicant had made some good points and asked if he would consider single -story duplexes with a zoning of R-2, 6,000. Vice -Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed Change of Zone. Being none, he declared the Public Hearing closed and asked for the pleasure of the Commission. There was some discussion regarding assembling the lots into one parcel; if the request is in conformance with the General Plan; considering the COD Area Specific Plan and its findings with regard to zoning; the possibility of duplexes; the possibility of combining the lots; if R-2-6,000 could be done lot by lot and if R-2-7 could be combined. Commissioner Berkey noted his opposition to the project as the traffic is already heavy in the area. It was suggested that the -applicant consider R-2-7,000 S.P. Mr. McIntosh stated that he had not had time to consider this zoning but if this is the best the applicant can get they will take it. Commissioner Berkey noted that this zoning gives many alterna- tives for different things. CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Change of Zone Case No.: C/Z 10-78 Applicant: MILDA P. BENNETT AND KENNETH BARBIER Date: October 3, 1978 I. REQUEST: Request for approval of a Change of Zone from R-1 12,000 to R-2 on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive. II. STAFF RECOMMENDATION: By Planning Commission Resolution No. 407, recommend denial to the City Council of the proposed Change of Zone. Justification: 1. The general area as it is now zoned is consistant with the General Plan Land Use designation and this Change of Zone is not deemed necessary to implement that plan. 2. The land use which would result from the proposed Change of Zone would be less compatible, with existing immediately adjacent uses, than the present zoning. 3. The density resulting from the proposed Change of Zone is not deemed necessary or desirable as a transitional buffer to the adjacent exist- ing uses. III. CONTENTS: A. Background material for proposed Change of Zone. B. Discussion pertaining to proposed Change of Zone. C. Proposed Planning Commission Resolution No.4O7 . D. Related Exhibits, Correpondence received. ------------------------------------------------------------ ----------------- A. BACKGROUND: 1. Location: South of Park View Drive, between Fairhaven (property frontage) and San Juan Drive. 1 C/Z 10-78 October 3, 1978 A. Background: (Cont.) Page Two 6. General Plan Designation: Medium Density Residential, 5-7 du/acre (designation encompases larger area with existing zoning occuring at the high end of the density range) 7. Environmental Finding: A Negative Declaration has been proposed for the subject request. B. DISCUSSION PERTAINING TO PROPOSED CHANGE OF ZONE: The applicant is requesting a Change of Zone from R-1 12,000 to R-2(4,000 sq. ft./du). The applicant offers the following reasons to justify the request for Change of Zone: This zoning change is respectfully requested, since the parcel lies at the Apex of the existing subdivision and adjoining pro- posed condominium projects on two sides. These projects include two story structures and 6' high cement block walls securing the areas. This situation leaves parcel 621-332, lots 01, 02, 04, 04 and 05 at a decided disadvantage for single family home development (with limited view due to the possible two story condominium development to the West). However, multiple dwellings on the lots in question would provide two desirable possibilities, a buffer zone between the single residences along San Juan Drive and the large fenced developments to the North and West, and much needed rental housing near the College of the Desert. (2z blocks) The proposal involves five single-family lots, being a part of the Palm Dell Estates subdivision; as such, they conform in shape and area to the balance of the subdivision. The lots front on a minor residential street (Fairhaven), which only serves to provide residential access to the area. Fairhaven would, therefore, not be expected to carry the traffic volumes found on such streets as Monterey, which has the "buffer" zoning being sought in this application. Additionally, consideration may be given in future right-of-way planning to a cul-de-sac termination of the northern end of Fairhaven, Which would act to further define the streets' use for local residential traffic. The condominium development to the north of the subject property (on the north side of Park View) will be developed as single story units with a decorative perimeter wall and landscaping. The property to the west of this property has been the subject of an unsuccessful development proposal, based on that review it seems unlikely that two story dwelling units im- mediately adjacent to Fairhaven, would be considered appropriate. In this regard, staff would not find area land uses to be a disadvantage to single family use of the subject site. The College of the Desert Area Specific Plan indicates only a minor demand for housing in close proximity to the campus. It is also noted that ample opportunity exists to provide future rental housing on vacant R-2 zoned properties on Monterey. In summary, it is found that: PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A RE- QUEST FOR A CHANGE OF ZONE FROM R-1 12;000 TO R-2 ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 WHEREAS, the Planning Commission of the City of Palm Desert, ( California, did on October 3, 1978, hold a duly noticed Public Hearing Il to consider a request by MILDA BENNETT and KENNETH BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family Residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family Residential, min. 4,000 sq. ft. lot area per du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly des- cribed as: APN 621-332-001, QQ2, 003, 004, and 005 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and no further environmental documentation will be required; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desir- ing to be heard, said Planning Commission did find the following facts and reasons to exist to deny the requested Change of Zone: 1. The general area as it is now zoned is consistent with the General Plan Land Use Designation and this Change of Zone is not deemed necessary to implement that plan. 2. The land use which would result from the proposed Change of Zone would be less compatible, with existing immediately adjacent uses, than the present zoning. 3. The density resulting from the proposed Change of Zone is not deemed necessary or desirable as a transitional buffer to the adjacent existing uses. 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 consti- tute the findings of the Commission in this case. 2. That the Planning Commission does hereby deny the request for a Change of Zone from R-1 12,000 to R-2 for the reasons set forth. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1978, by the following vote, to wit: AYES: f NOFIR y.'y�jAv h' I g ji�',.f�.4 �f ,c�-in'.'•i'fYMHKM'4E. f''sTi"4hYlt PLANNING COMMISSION RESOLUTION NO. 407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A RE- QUEST FOR A CHANGE OF ZONE FROM R-1 12,000 TO R-2 AND RECOMMENDING A CHANGE OF ZONE FROM R-1- 12,000 TO R-2-7,000, S.P. ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIR - HAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on October 3, 1978, hold a duly noticed Public Hearing to consider a request by MILDA BENNETT and KENNETH BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family Residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family Residential, min. 4,000 sq. ft. lot area per du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly des- cribed as: APN 621-332-001, 002, 003, 004, and 005 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and no further environmental documentation will be required; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desir- ing to be heard, said Planning Commission did find the following facts and reasons to exist to recommend an alternative Change of Zone: 1. .The density resulting from the alternative Change of Zone is deemed necessary or desirably as a transitional buffer to the adjacent existing uses. 2. The attached applicant's submittal labeled Exhibit A, hereby pointing out tb-the Commission reasons to justify the granting of the alternative of R-2-7,000, S.P.. 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 consti- tute the findings of the Commission in this case. 2. That the Planning Connission does hereby deny the request for a Change of Zone from R-1-12,000 to R-2 and recommends an alternative of R-2-7,000, S.P. to the City Council. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1978, by the following vote, to wit: AYES: BERKEY, FLESHMAN, KRYDER, SNYDER NOES: NONE ARRF.NT • xnmv PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 1 APPLICANT'S BASIS FOR REQUEST FOR ZONE CHANGE To: Palm Desert Planning Commission Case No.: C/Z 10-78 Applicant: MILDA P. BENNETT AND KENNETH BARBIER Date: October 3, 1978 The applicant for the proposed change of zone strongly asserts that the justification for the staff recommendation for denial of the proposed change of zone is without substantial merit. Applicant therefore requests that the Planning Commission not adopt the staff recommendation and permit the zone change to occur. The land use which would result from the proposed change of zone would be more compatable with proposed immediately adjacent uses than the present zoning. Bordering on one side of the applicant's property is a large, undeveloped tract of land. The owners of that parcel of land are in the process of planning a condominium project which will necessarily result in a use of a higher density than that of a single-family dwelling. The applicant's property, if changed to allow for a development of tri-plexes, would act as a buffer zone between that proposed condominium development and the single-family units which exist and are adjacent to applicant's property. Other higher density uses are being made of other available land immediately surrounding applicant's property. This includes construction of other large condominium projects, as well as a television studio. To the extent that appli- cant's property and the surrounding property is affected by these uses and by the increased traffic flow of border- ing streets, it is clear that the best use of applicant's property would be that of multiple -family dwellings. A vacant piece of property which would view applicant's property on Fairhaven Street would also benefit by appli- cant's zone change. The owner of that property, Mr. Henry R. Sottile, has stated that he is in favor of the zone change and believes that the existing R-1-12,000 zoning is an unrealistic zone in view of the APValnnma,+-c PLANNING COMMISSI0N RESOLUTION NO. 407 Exhibit A Page 2 J II. .Immediately adjacent properties, including single-family dwellings, would also benefit by the proposed change of zone. The proposed change of zone would allow tri-plex units to be built on five pieces of property. Only rear walls of single-family dwelling units are abutting this property and the proposed units would therefore not be an interference with the view of the existing single- family units. Further, the entrances to the tri-plexes would be on Fairhaven Avenue, and not on any streets upon which single-family dwelling units can or will be built. Further, the tri-plexes would act as a buffer -zone between the single-family units and the high -density condominium and commercial uses planned and developed in the surround- ing area. III. The proposed development would provide for additional housing for students at College of the Desert. In contradiction to the assertions of the staff, the housing officials at College of the Desert have stated that there is a great need for additional housing for students which is not met by existing structures. They have stated to applicant's attorneys that they favor pro- posals which would provide for additional housing for college students. Two-story apartment structures already border single- family lots in the neighborhood. Applicant's property, which is on the opposite side of the neighborhood, would provide a lower -density use of the existing land than these units, and yet still provide additional housing for college students. IV. There is no major problem with water supply or sewer services. The applicant has been informed that there is no -major problem with water supply or with sewer services in the area. Applicant will cooperate with the appropriate agencies to provide adequate water supply and sewer services to the project, and in a manner so that neigh- boring single-family homes would not be adversely affected. "s''�.e&v-. k�ras; ,'i "� ri 7,`ta :.-� � a w.rz� - rw��l�r�p, -; 3's. ,`�; 'Y➢`}xiu'},i"! .. i PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 3 Applicant's proposal is well within the bounds of the proposed subdivider's uses for the property. The original covenants, conditions and restrictions provided that multi -unit dwellings would be proper with the sub- division. A copy of the CC&R's is attached as Exhibit 2. Further, applicant's parcels are larger in size than the neighboring single-family unit parcels. If a use were to be made of the property, other than single- family homes, it would appear that applicant's parcels would be the logical site for such use. VI. The Environmental Impact Report of September 11, 1978 states that there is no significant adverse effect on the environment. VII. The proposed change would not require a change in the Palm Desert General Plan. Applicant's proposed zone change does not require an amendment to the General Plan in order for implementation. Applicant's property exists in an area which includes medium and high -density uses. While applicant's property would be of a higher -density use than a single-family home, it is well within a proper and appropriate use for the neighborhood and surrounding areas. Respectfully submitted, McINTOSH, ZUNDEL & MORROW A Professional Law Corporation Michael J.� Cosjrove PLANNING CO.'.21ISSION RESOLUTION NO. 407 City of Palm Desert Exhibit A Page 4, Mr. and Mrs. Henry R. Sottile 4304 Babcock Avenue, Apt. 101 Studio City, CA 91604 RE: MILDA P. BENNETT REQUEST FOR CHANGE OF ZONE TO R-2-4000, CASE NO. C/Z 10-78 Gentlemen: My wife and I own Lot 90 fronting on Park View and Fairhaven Streets, which is across the street from the five lots for which Mrs. Bennett is requesting a zone change. I favor the zone change because R-1-12000 is an unrealistic zone in view of the develop- ments which are taking place on surrounding properties. Very truly yours, HENRY R. SOTTILE HRS:sp z PLANNING COMMISSION RESOLUTION NO. 407 AOR'?MEYT OF AJ4aD.YL77T OF UCLi,RATION OF FSTABLISRltEST OF CONDITIONS AND R3,TP,ICTIONS f� r_R'OV ALL E^..N DY TRESE PRESM;T-�3 yrrr a MAT 1<!L..REA.4, tie urderel lined ara the owner: in fe If ',It lets Chan seventy-five (75%) percent In area of Falr. Dell Ed ac enoxn ty .ra' oa file in Book 21, Page 56, of Mape//R.Svercl,ie Cnanty R.±._rrr.;1; 1 VI(XIMAS, there r.as heretofore Meer rc: crdr: a D:r,.,r]t:a3 of Esta:- llaheent of Corditicre and Pestrlctt n: Tract, whlc:: s Declaration was recorded 9ovem.Ler _-0, 1]4-. Ir Boos :,2 of Offl.:ia! P.ecords, Pace 229, et eel, Reco^la of Rlveraae Co,nr;. Ca: :fort.:_; ! Y,LEREAS, there .lave reretafor- :een re. r.:•:a Ar.<ca: r.Ca ci D.,c2:ra- L1on of, Estat"Ohr..ent of Conatlonc and Reetrlct:ca:s co'��rlrg e._J, Tract, which Amendmr.te were Apr,-] rempectively, In Bock 224, Page 37 , ,�q „ an! Bri __hF et seq„ Official Recorde,Rlverelde Ca::cay, 61MREA-0, the undere lcncd now ieeir^ :,, n_....... yciarnt:•. Estaolienclent Of Cardi Llonc and Reetrl:t/ore.' NW. Ti1F.i'1D.PCRE, the ur.lersigned .crety air,. to •:r• fal :nwl::- n.:.: r.,_ .-.-eqa■ to said Declaratlon of Eataaii:haert of Conditions an: Reetrlc_ tions and certify and declare tnat eaic ID_clar4tlon of Estarlls:nent of Cc33d1 bone and Ree Crist'_ora covering Bata Tr-:ct Ce and tnC sa.:e 1_ aaerdtd to read as follows: PLVTi .l (a) Lata I to 3' 4 InclsBlvr, 3 7 :0 54 incises ive and 25 to no I,c 7 uc 16 to 79 incluilve. 55. 72 snd 24. _r V YLA➢IN.Lau <1VL11Mloolva - .. RESOLUTION NO. shall tart used for einrle-family, two-family, multi -family r•:et :...... apartment houeo purpoaee only, and no butlding or rtni-tury a r.,Ll erectr.l, conetruc O:i, nIV::•_: mnictalne-, t'.erron ar on Mly part thereof wht,:i shall rn ueeo or de L1Jn!a ur litcnioa to ie used for %ny purpose oth—r than thu• of a eingle.family private ;vex ll:rl:, two san;te- fawllS •1w•:ll:n•;c or �tJ�� •a. multi-r.tml:; ,iw„!L!r..:v cr :q. r'T-•r• on an:. tullcln.: zit !n•l fw •:t' np;'t^t,-%',:.: pr1:a... q C`1!1�� and cuetoriarl Gut'.y i:a:nrc. The ...e[ u I.i:., •r n -n5 L.otr a to -4 lnclu±i :e, is ., ...:Pus'. 17 76 to 78 inclusive, 55, 7., .nd 84, shall contoln rat le-t :.. a a coma l:.z : square feet of floor !pace; zxtep+: r nr.:,- '_a. .•..,1: fa-.: 1, ; ... dwellinr shall vntaih net lees tam: one S..V,2hr.! (i'j") as-.:ar. .i floor space; provided !,cwovvr, taut for t::. ;, :rp deer is v-Qf It. >•... Ing the n=tor or :'Juan:• :'eat of "loor ^pu, coc:aL'.rv: In do nce atrue to. r, the ap":. co::talr. i •It '.:u c;••r. pn. :p.rr talconicr, pat[o:, :.a•r.m.nt or 7....l _L the equare foota{p, tut ...at o:.- na:: (Ij.eyed pc..::ee. ana :4ra.•cu In a...... t'..: V':. rlr: -.. - _ .. .. f•�.- the %a-r. tulld:rc or stru:tur., ciali i:e .:c:.e1a •r• .. ( b ) All late ar.d port lore of IoTc In ea to Tr a.:I afc:••c, 'Xn-I t- inf IOte 1 to 34 lnclaclr!, .' to .h:l ._.:.. a:.. ..':, tL :J :n•: b.: 76 to 79 inclusive, '„ a:vl : . shall be used for s1r.Ele family reallence purpcaes Ohl.' and no tell :Inv or structure anall oe rrer.te , co:.ctru:t>•o, alter-: or r>':!'.cs::.-: t:.•-:•cr. or on any part t!,oreof, w1l. ; ¢hall t: We or .1ee1E6eb or q to be used for any purpose o:.er tha,, that of on,, ietarhec eir.glc faai:y private dwelling or, any buildlnE elte, lncluaing a-:ouae, appurtenant private garace and :uct=Ary outtuilulnEs, exceptin, _nly that ar is a buildir.; site which ar.all contain ten t::oueand (!J,OJJ) equ:,r•c feet or 'Do xo ra 2 N .iw i Exhibit A Page 6 - �� •^� ro �a�'. 0�5��'` i' ''i`m",'e+�n SI.. ACM• s a � xr ��*Y� Via+ f' y� 5 b PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 7 !r. • i or mare of CPO-,:i:: r:'. .. .... .. - 'E an;, DI ,t.,.. �. ... rural -,. ..., ... .,. 1 ........, ".f.. tam' iy u:,, li ..... .... .... .... ... .... ... ...... , =gaarr fert .,� _ In rt. :.a::.! ... o:- i h' ta1r,.1 Ir ,i ,, D,• cone r.r t..... __.. _.... _ .. .,-. x • of tn: ara. Cover'rr lc i.. ...17 a. SECOND: ;:a let :: .,. g-,.. .^rant _ .: .. _. ( lo r of Eaarn,.nt_ %r.i '1_:.i, r.�. Jn° :.. : -_. ?:arc^z L'r.: ':•e." . tloa and a:nl. •. :,: {.: p,.: ::, ,:::.. :. .., ...._,: •' :-. .... . aCrOaa Ant: iia.^,:. ( ) Lt_ "�• the C0mm0.^, la. ._.: :a': .::� : ..:.'�.:: I :. .. Y...r._.......a.._. ... _,.___. : - Lote 13 an i.., an: 1�'. ,,. .,.. .. t4f and :.2, .V i. �XSu fiu". 1-_ti t °z- x57`..cda.D4 4�: PLANNING COMMISSION RESOLUTION NO. 407 T.11.... Tc ;: an; l r..' :. r eal ralu prof r.. FU'�H?il: FIF'M: wae:•• :::all rc.,. p and eaen own,.. ur,e: y:ay war tr •n:. iea _. _.. ,:. ,. _. �._ � .. r r .. SIX71i: TMt al: ..rr.:•, .al• :r.•..r .. ... .. .. ... .. ertY a:•r• :.., rr •,. i... r: .......: r etratore or ae::rn^. Exhibit A Page 8 M_..ca✓_ - .v.. .uauui RESOLUTION NO i Page 9 F Seen and all of the foregoing condl "ons and rcfitriettonz, teraina Lz on the let j day of January, 1356. At the time t ' of .uch tmrmi- nation, covenants all be m automatics '' extended Y nded for success ire periods of ten (30) years unless by vote of a m`jbrity of tte ' ten owe n -rs of !., lots it Is agreed to change said covenants' ovenanta In wools or In part, PROVIDED that if tvrc per Clee hereto, Or any Of them, or . thoir L•c.re jr or assigns, shall violate or attempt Co i _ violate any Of the acv,•n.tntr herein, SC shall be j lawful for any other person or pereor.c ,jar any real property situated in said develop,,,,[ or 2u4;!rlslon to pr"s,.O tt t.. any proceedings at law or In equity against 4 net tie Person or per:oas vio- 'sting or attempting to violate any such cuvento.t ana eitN•r it) p:.•v+rt him or them from eo doing or to recover Jamages or utn,r jute fvr such violatlon. - PROVIDED, PURTEER, lnvalldatlon of an one Y of tr.=ae coven..n!s :y ;u.:r- ment or court order shall In .1 T no wise affect any of the other pr•o:islons whleh snail remain in full force and effect, sEVL`rl'Nt At any time an amendment, chanrc, modifk.ation or tcrmiratt,,n trletlone end covenants set fort, In Cols Duclaratlun ��. ,a b.• n.tJr. L, t mutual written agreement between the then ownere of record mortgagees under mortgagee and trustees under deed, of truet)xOfuno- lessthan seventy-five (75%) percent In area of said a - property, .uly e"Cuted and placed of record in CM office of in'! Count; uecordor of Rivers ids County, Csl!fornia, IN WIISl= WHEREOF, the eald partl••a have hereunto get their ,ands this " day of ' lawn tL 1961. i �< Actc�.Otte, 5. WALKER, RODART a Co.'�•..: o.. By son, Fartne, --_ �y I 00 ro I W 1, N T r INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: CZ 10-78 DATE: September 12, 1978 No comment. DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE CAL I FORNIA DIVISION OF FORESTRY DAVID L. FLAKE P.O. COUNTY FIRE WARDEN SAeox zaa 110 WEST NJACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 September 26, 1978 Paul A. Williams Director Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Case No. C/Z 10-78 Dear Mr. Williams, We have no objection to the proposed zone change. However, the applicant should be aware that development within the R-2 zone will require improve- ment of the water system. The water system must provide 2500 GPM for multi -family construction. David J. Ortegel Fire Marshal DJO:dt SEP 2 6 1978 ENVIRONMENTAL SERVICES CITY OF PALM DESERT CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Change of Zone Case No.: C/Z 10-78 Applicant: MILDA P. BENNETT AND KENNETH BARBIER Date: October 3, 1978 I. REQUEST: Request for approval of a Change of Zone from R-1 12,000 to R-2 on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive. II. STAFF RECOMMENDATION: By Planning Commission Resolution No. 407, recommend denial to the City Council of the proposed Change of Zone. Justification: 1. The general area as it is now zoned is consistant with the General Plan Land Use designation and this Change of Zone is not deemed necessary to implement that plan. 2. The land use which would result from the proposed Change of Zone would be less compatible, with existing immediately adjacent uses, than the present zoning. 3. The density resulting from the proposed Change of Zone is not deemed necessary or desirable as a transitional buffer to the adjacent exist- ing uses. III. CONTENTS: A. Background material for proposed Change of Zone. B. Discussion pertaining to proposed Change of Zone. C. Proposed Planning Commission Resolution No.4O7 D. Related Exhibits, Correpondence received. ----------------------------------------------------------------------------- A. BACKGROUND: 1. Location: South of Park View Drive, between Fairhaven (property frontage) and San Juan Drive. C/Z 10-78 October 3, 1978 A. Background: (Cont.) Page Two General Plan Designation: Medium Density Residential, 5-7 du/acre (designation encompases larger area with existing zoning occuring at the high end of the density range) Environmental Finding: A Negative Declaration has been proposed for the subject request. B. DISCUSSION PERTAINING TO PROPOSED CHANGE OF ZONE: The applicant is requesting a Change of Zone from R-1 12,000 to R-2(4,000 sq. ft./du). The applicant offers the following reasons to justify the request for Change of Zone: This zoning change is respectfully requested, since the parcel lies at the Apex of the existing subdivision and adjoining pro- posed condominium projects on two sides. These projects include two story structures and 6' high cement block walls securing the areas. This situation leaves parcel 621-332, lots 01, 02, 04, 04 and 05 at a decided disadvantage for single family home development (with limited view due to the possible two story condominium development to the West). However, multiple dwellings on the lots in question would provide two desirable possibilities, a buffer zone between the single residences along San Juan Drive and the large fenced developments to the North and West, and much needed rental housing near the College of the Desert. (22 blocks) The proposal involves five single-family lots, being a part of the Palm Dell Estates subdivision; as such, they conform in shape and area to the balance of the subdivision. The lots front on a minor residential street (Fairhaven), which only serves to provide residential access to the area. Fairhaven would, therefore, not be expected to carry the traffic volumes found on such streets as Monterey, which has the "buffer" zoning being sought in this application. Additionally, consideration may be given in future right-of-way planning to a cul-de-sac termination of the northern end of Fairhaven, Which would act to further define the streets' use for local residential traffic. The condominium development to the north of the subject property (on the north side of Park View) will be developed as single story units with a decorative perimeter wall and landscaping. The property to the west of this property has been the subject of an unsuccessful development proposal, based on that review it seems unlikely that two story dwelling units im- mediately adjacent to Fairhaven, would be considered appropriate. In this regard, staff would not find area land uses to be a disadvantage to single family use of the subject site. The College of the Desert Area for housing in close proximit y In summary, it is found that: PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A RE- QUEST FOR A CHANGE OF ZONE FROM R-1 12,000 TO R-2 ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on October 3, 1978, hold a duly noticed Public Hearing to consider a request by MILDA BENNETT and KENNETH BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family Residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family Residential, min. 4,000 sq. ft. lot area per du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly des- cribed as: APN 621-332-001, 002, 003, 004, and 005 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and no further environmental documentation will be required; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desir- ing to be heard, said Planning Commission did find the following facts and reasons to exist to deny the requested Change of Zone: 1. The general area as it is now zoned is consistent with the General Plan Land Use Designation and this Change of Zone is not deemed necessary to implement that plan. 2. The land use which would result from the proposed Change of Zone would be less compatible, with existing immediately adjacent uses, than the present zoning. 3. The density resulting from the proposed Change of Zone is not deemed necessary or desirable as a transitional buffer to the adjacent existing uses. 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 consti- tute the findings of the Commission in this case. 2. That the Planning Commission does hereby deny the request for a Change of Zone from R-1 12,000 to R-2 for the reasons set forth. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1978, by the following vote, to wit: AYES: ( NOES: PLANNING COMMISSION RESOLUTION NO. 407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A RE- QUEST FOR A CHANGE OF ZONE FROM R-1 12,000 TO R-2 AND RECOMMENDING A CHANGE OF ZONE FROM R-1- 12,000 TO R-2-7,000, S.P. ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIR - HAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on October 3, 1978, hold a duly noticed Public Hearing to consider a request by MILDA BENNETT and KENNETH BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family Residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family Residential, min. 4,000 sq. ft. lot area per du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly des- cribed as: APN 621-332-001, 002, 003, 004, and 005 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and no further environmental documentation will be required; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desir- ing to be heard, said Planning Commission did find the following facts and reasons to exist to recommend an alternative Change of Zone: 1. ]The density resulting from the alternative Change of Zone is deemed necessary or desirably as a transitional buffer to the adjacent existing uses. C 2. The attached applicant's submittal labeled Exhibit A, hereby pointing out tb,the Commission reasons to justify the granting of the alternative of R-2-7,000, S.P.. 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 consti- tute the findings of the Commission in this case. 2. That the Planning Commission does hereby deny the request for a Change of Zone from R-1-12,000 to P.-2 and recommends an alternative of R-2-7,000, S.P. to . the City Council. , PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1978, by the following vote, to wit: AYES: BERKEY, FLESHMAN, KRYDER, SNYDER ( NOES: NONE ABSENT: NONE, PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 1 APPLICANT'S BASIS FOR REQUEST FOR ZONE CHANGE To: Palm Desert Planning Commission Case No.: C/Z 10-78 Applicant: MILDA P. BENNETT AND KENNETH BARBIER Date: October 3, 1978 The applicant for the proposed change of zone strongly asserts that the justification for the staff recommendation for denial of the proposed change of zone is without substantial merit. Applicant therefore requests that the Planning Commission not adopt the staff recommendation and permit the zone change to occur. I. The land use which would result from the proposed change of zone would be more compatable with proposed immediately adjacent uses than the present zoning. Bordering on one side of the applicant's property is a large, undeveloped tract of land. The owners of that parcel of land are in the process of planning a condominium project which will necessarily result in a use of a higher density than that of a single-family dwelling. The applicant's property, if changed to allow for a development of tri-plexes, would act as a buffer zone between that proposed condominium development and the single-family units which exist and are adjacent to applicant's property. Other higher density uses are being made of other available land immediately surrounding applicant's property. This includes construction of other large condominium projects, as well as a television studio. To the extent that appli- cant's property and the surrounding property is affected by these uses and by the increased traffic flow of border- ing streets, it is clear that the best use of applicant's property would be that of multiple -family dwellings. A vacant piece of property which would view applicant's property on Fairhaven Street would also benefit by appli- cant's zone change. The owner of that property, Mr. Henry R. Sottile, has stated that he is in favor of the zone change and believes that the existing R-1-12,000 zoning ( is an unrealistic zone in view of the developments which PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 2 II. Immediately adjacent properties, including single-family dwellings, would also benefit by the proposed change of zone. The proposed change of zone would allow tri-plex units to be built on five pieces of property. Only rear walls of single-family dwelling units are abutting this property and the proposed units would therefore not be an interference with the view of the existing single- family units. Further, the entrances to the tri-plexes would be on Fairhaven Avenue, and not on any streets upon which single-family dwelling units can or will be built. Further, the tri-plexes would act as a buffer -zone between the single-family units and the high -density condominium and commercial uses planned and developed in the surround- ing area. III. The proposed development would provide for additional housing for students at College of the Desert. In contradiction to the assertions of the staff, the housing officials at College of the Desert have stated that there is a great need for additional housing for students which is not met by existing structures. They have stated to applicant's attorneys that they favor pro- posals which would provide for additional housing for college students. Two-story apartment structures already border single- family lots in the neighborhood. Applicant's property, which is on the opposite side of the neighborhood, would provide a lower -density use of the existing land than these units, and yet still provide additional housing for college students. IV. There is no major problem with water supply or sewer services. The applicant has been informed that there is no -major problem with water supply or with sewer services in the area. Applicant will cooperate with the appropriate agencies to provide adequate water supply and sewer services to the project, and in a manner so that neigh- boring single-family homes would not be adversely affected. PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 3 Applicant's proposal is well within the bounds of the proposed subdivider's uses for the property. The original covenants, conditions and restrictions provided that multi -unit dwellings would be proper with the sub- division. A copy of the CC&R's is attached as Exhibit 2. Further, applicant's parcels are larger in size than the neighboring single-family unit parcels. If a use were to be made of the property, other than single- family homes, it would appear that applicant's parcels would be the logical site for such use. VI. The Environmental Impact Report of September 11, 1978 states that there is no significant adverse effect on the environment. VII. The proposed change would not require a change in the Palm Desert General Plan. Applicant's proposed zone change does not require an amendment to the General Plan in order for implementation. Applicant's property exists in an area which includes medium and high -density uses. While applicant's property would be of a higher -density use than a single-family home, it is well within a proper and appropriate use for the neighborhood and surrounding areas. Respectfully submitted, MCINTOSH, ZUNDEL & MORROW A Professional Law Corporation By: -� Michael J. Cos(jrove PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 4 E Mr. and Mrs. Henry R. Sottile 4304 Babcock Avenue, Apt. 101 Studio City, CA 91604 City of Palm Desert RE: MILDA P. BENNETT REQUEST FOR CHANGE OF ZONE TO R-2-4000, CASE NO. C/Z 10-78 Gentlemen: My wife and I own Lot 90 fronting on Park View and Fairhaven Streets, which is across the street from the five lots for which Mrs. Bennett is requesting a zone change. I favor the zone change because R-1-12000 is an unrealistic zone in view of the develop- ments which are taking place on surrounding properties. Very truly yours, HENRY R. SOTTILE HRS:sp PLANNING COMMISSION RESOLUTION NO. 407 AOR°EENLQT OF AMENDMENT OF DECLARATION OF ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS to -ENOW ALL MSN BY TRESE PRESm^:TSf rr THAT Y!BiHEAS, the undersigned are the owners In fee of not lecc than seventy-five (75%) percent In area Of Palm Dell Estates, as enewn ty ma .m file in Book 21, Page 66, of Mace Fivereide Crnmty Reccrdz; WHER S, there has heretofore teen rercrdea a D`clarat;oa of EEtaL- r. liahment Of Conditions and eetrietlors ^overing 3.51 Tract, whica ealc Declaration was recorded govemher 20, 1y4. -^ 9cop 1W2 of Oftic Sa'. Records, Page 229, et re(,Reco Me o:- RSver=l:c CO,'t, Cal ;tor:. ;a; £ __—__. WHERSAB, there :iave heretofore teen recorded A-.,n t; tion of,Eetabllehment of Conditions and Reetrictions cov ring e,... Tract, which Amendmecte were recorded Apri: reapectively, In Book 824, Page 371., et zeq ana Anak C^^,E, Pace 11:0, et seq_ official Recorde,Rlverelde C04nty, 7'-.`o rnl a; WHEREAS# the undersigned now deelr,• Ectabllennent of Conditione and Reetrl rtloc 7. NOWe THBREPOAS, the undersigned 1-crety ngre, to r; n. rol10W!'..- _.. meats tO said Declaratlon of Establishment of Condltiane and ReetrSc- - tions and certify and declare that said Declaration Of' Eetatllnr, nt Or Conditions and Restrictions coveringsaid Tract ract be and tie ease Sr rer-'c, amended to read as tollove: FIRM ! (a) LOto 1 to 34 inclusive, 117 to 54 inclusive and 8 ' 5 to 90 irc7 ualvr., 75 to 78 tnelustve. 55. 72 and 84. ,� web } .T 1. •u.=3o^ ma�...e:s...a'�... '�t� k's .cs.,�S.C.'F,•f "•6s � ; �'e�� t- .. '�s e A i�`<+'I k Exhibit A Page 5 PLANNING COMMISSION RESOLUTION NO. ,hall tw used for eingle-family, two-family, multl-fandly reef:• apartment house purpo2ee only, anJ no building or ctru^tu^•.• s— erecte.i, conetructod, alteroa or main•.;::::^, t',ernon or or; :,ny p::rt thereof whim shall tr used or decl.Cm : .. ..'eni•:1 to « ue�1 .^,. purpose oth-:r than tha' of a single-fc-!:y y-1v t•. ..,. a:r.C., t.o _- famlly dwell_Im;e or �I,:pl.Ix, multi-^r^. rtm--r.' VAtl �-E, on any tulliirx, c:t-• •: 'l' .... ,.,.1 41 i_..�- and customary cut••.LL::: -.' The first Lots 1 to �4 Sr.cl:,_'.:e, to .• ...7tr=1: 76 to 78 inclusive, 55, 72, end BIt, ehall cor.taln not lees cor.r L•.z: :..... .. .. .... _. _ !. , square feet of floor space; ezw,p':r.•7 eoi: ___, .•.._l:+ fa-.:1; ; ._. dwelling shall contain not lase t.:an floor space: provided t,owevv:•, t:ut Ccr tn. pr•p.crc ...r-ol' 1:. •.__. . ing the number of ejuar> Ieet of :loor cpar: cor.w!:.e in ttif- %•: cont. 1,lr,. I 'It ::[i drnee etrur.ture, -p ... U •"r. O:•. •.• F p .' op::: .... . talconier, pat!,,, :nt or .• i'r.r ..... c. .�.._. -. the square focta,r, tut t-at o:.^ na:: ..- ered Porches, an.i raragee if, '...,Sd:. Lk vn:rL:r 1; •,.. the main bulldin: or struatur�, 2La11 be cc: .s Li.•w :. (b) All Iota ar.d portione .,f lot: In e3!-, Trait afor•;r_l,i, ezc ing Tote 1 to 34 Inclu^_Sve, »' to ..... t.. ......_ T6 to 78 Inclusive, ;,, , and P!, shall be used for single family reetience purpc,ee only anti no tuil:inr or structure eitall be erecter, constructed, alter-,; or rnalata:n•_.: ....r�-c:. or on any part tnereof, wnleh ,hall t ueea or designed or Inn nl ,d to be used for any purpose otter than that of on,, detac!teu clr.gl. C.,.1!y private dwelling on any building site, Including a nouee, appurtenant private garage and customary outtuildinge, excepting manly that or to a building site which mall coctalr, ten t:0U9and (13,000) equare .reet or yx 2. Exhibit A Page 6 PLANNING COMMISSION RESOLUTION NO. 407 +.un•, a r,:p:, rut.. or more of r,rouc: :':, .. .,. .. . ercotea w61 • n m; ar,;.• purpor•: cr:. ru•,et .�,.- .. family u :; - The fir.; .. .. _. .. or portions equuro feet - - tained in ar _... :t: .. t porchee, op. .: .. . .. of tnc arca o r�l ' . -. . _.. _ ... .. _ -.. .... coverinf: Ie :;.r.. r. l..... _; .. .. Le cor,elser, ^. SECOND: No rul ls:.. front lot I!-.: No cut/sir.: .n.,;; :•. .,... .. ;::�:� .. .. .� r ) i �.: � _ ,:.� or kl.y Eaeementc and unaereirncc an! cn•.i- eura,•e Dore ns_:rr, rr,. .__::•c• Lion and main"-%w.,I.. o" Pipe .�..�• ... .._ ,: .., I: ut 111 tIo_ .!• ur.i ... .•r.. acroee an!I aiocv ', ... , Vie common lot ,:via i:,:� ........ .... Ltc 1r ..... Lots 13 and 1., ar,. l.. an .... yl ana : 0, _.3 sa i ,.... Exhibit A Page 7 m PLANNING COMMISSION RESOLUTION NO. 407 0. 7111 RD: Tnat n:, b.. p,.. ,....,. any tr;.'.cr ::^ali i., .. eal.r lot_ :C auc : a tr: " saia prop rt:; up war;: thVE..o•... FOUR771: :.., an .. FIF-!: waet :hall [, ;1]_. and each owner of 1i t a, 1, remove and dlapo. r,', ..:1 =,. .. ..:ot r..- ... ... :. - SIX -If: e erty are nereby_.. .. .. .. . etratora or I / ) Ir O 1 N � j 17 i i PLANNING COMMISSION RESOLUTION NO. 407 el °mrr g Each and all of the foregoing condl "one and reetrictlone eh,]! :jam,;,•' teralnate on the let day of January, 1966. At the time of ouch terml- .4t -nation, Covenants Shall he automatically extended for Successive prtrioda Of ten (10) years unless by vote of a majority of tie ten owner, 4: y: lots it Is agreed to change said covenants in whole or in or ct.: Pis�VIDED that if the Dart. -, parties hereto, or any of them, or thetr 1•,elre t< or asslgne, Shall violate or attempt to violate any of the .ovennnt^ herein, it "hall be lawful for any other person or pereore owninr any real property Situated in said development or aui,;;!vlaion to pro,vcu!" any proceedings at law or In equity against the person or permsa v10- listing or attempting to violate any such covrnar.t arri cltnr•r to pr,•vont him or them from so doing or to recover damage: or other iur, violation. - fcr such t., PROVIDED, FURTHER, Invalidation of any one of ti:=ee case ;.•rr• t y ,lu::r- aent or court order shall in no wise affect any of the of Your proof aloha :`• Which shall remain In full force and effect. SEVOM: At any time an amendment, chance, modification or tcrmiratlon 0,_r.,,,_ Crletlons and covenants set forth In this Drclaratlon may be made by Y:,,, mutual Written agreement he Cweon the then owners of record (exciudlry mortgagees under mortgagee and trustees under deeds of trust) of not less than seventy-five (75%) percent in area of said property, :uly „r ft"cuted and placed of record in the office of the Count, Rncordar of Riverside County, California. .i. IN WITNESS WHEREOF, the ea7d parties have hereunto set their hands s :i this �L"'b day of Aran �_, 3961. K - WALKER, NODART A CO, B .r ey .- dcKo 06C.5. ,� •o x Exhibit A Page 9 Y �, INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: CZ 10-78 DATE: September 12, 1978 No comment. DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE CALIFORNIA DIVISION OF FORESTRY DAVID L. FLAKE P.D. eox zaa COUNTY FIRE WARDEN IIO WEST SAN JACIN TD STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3193 September 26, 1978 Paul A. Williams Director Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Case No. C/Z 10-78 Dear Mr. Williams, We have no objection to the proposed zone change. However, the applicant should be aware that development within the R-2 zone will require improve- ment of the water system. The water system must provide 2500 GPM for multi -family construction. J David J. Ortegel Fire Marshal DJO:dt RECEIVED SEP 2 6 1978 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Commission agreed with the applica,,,, that said easement should be a matter of negotiation between the two private parties and therefore, they modified said condition to limit the easement to drainage purposes only. Mr. Williams referred to a letter from Ironwood to the City Council (attached and made a part of these minutes as Exhibit "A") wherein they were requesting the Council's inclusion of the utility easement. After conducting a Public Hearing, the Planning Commission did recommend to the Council approval of this Tentative Tract. Staff recommends approval by Resolution No. 78-130, subject to compliance with conditions. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the Tentative Tract. MR. HAROLD HOUSLEY, representative of both Ironwood and Chucahuala, addressed Council stating that he would like to make it clear that his comments were on behalf of both clients. He discussed the concern over the utility ease- ment, and he pointed out that Ironwood and Chucahuala had not yet been able to sit down to work out this problem. He felt that it left Chucahuala without negotiating power when they needed right-of-way on Mesa View from Ironwood for the Council to make the utility easement a condition. MR. WALTER GREENBERG, Chucahuala, Ltd., addressed Council stating that his rights would not be protected if the easement were to become a Council directed condition. Mayor Mullins invited input in OPPOSITION to the Tentative Tract and none was offered. He declared the Public Hearing closed. Councilman McPherson stated that he felt the Planning Commission had erred in removing the utility easement in that the potential future well will be used for fire protection which makes it of the utmost importance. To run the line up and down City streets would be of enormous cost, and it is of great concern to the City that it go through the swale. Councilman Newbrander agreed, stating that if it affects the welfare of the public, it is of great concern. Councilman Wilson asked if Special Condition #2 was as reworked by the Planning Condition (pertaining to the easement). Mr. Williams advised that it was. Councilman Wilson moved to waive further reading and adopt Resolution No. 78-130, approving the Tentative Tract subject to compliance with conditions. Councilman Brush seconded the motion. The motion carried on 4-1 vote, with Councilman McPherson casting a Negative vote. C. CASE NO. C/Z 10-78; 14ILDA P. BENNETT AND KENNETH BARBIER, APPL NTS: Reque or a Change o Zone from R-1- 0 Sing e - 12,000 Sq. Ft. Lots Minimum) to R-2 (Single Family - 4,000 Sq. Ft. Per Dwelling Unit Minimum) Zone Dis- trict on Approximately 1.5 Acres South of Parkview Drive RPYWPPn Fnirhnvan nnA Con T„on n,-;,,o not war` to consolidate parcels, then single family resi- dences ild still be built on eac ndividual lot. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the rezoning. MR. KENNETH BARBIER, 72-879 Arbolita, Palm Desert, addressed Council stating his appreciation for the consideration of the City and the Planning Commission. He pointed out, however, that the rezoning from R-1-12,000 to R-2-7,000 did not solve his problem, only complicates it. The lots vary in size from 12,000 - 15,000 sq. ft., and he wished to build duplexes and triplexes. To combine the property would be impossible from an expense standpoint. The Coachella Valley County Water District had advised him that if he built on the lots as they exist now, the cost for water and sewer will be the normal cost. However, if the lots are to be combined into one area, the cost would be $32,000 for sewers and $1,600 to $1,700 per unit for water service. He respectfully requested the Council's approval of the R-2-6,000 which would allow duplexes. Mayor Mullins invited input in OPPOSITION to the rezoning, and none was offered. He declared the Public Hearing closed. Councilman Wilson stated his preference to leave the zoning as it was because of the close proximity of the property to existing homes. Councilman Newbrander stated by many homeowners near this this rezoning. that she had been contacted property who were opposed to Councilman McPherson stated that he could not support an R-2-6,000 designation inasmuch as Council was looking for every opportunity to upgrade the area by the College, and he did not feel this was a solution. Councilman McPherson moved to approve a Change of Zone from R-1-12,000 to R-2(7) by waiving further reading and passing Ordinance No. 196 to second reading. Mayor Mullins seconded the motion. Councilman Wilson pointed out that the applicant had indicated that the R-2(7) designation would not resolve his problems, but create a bigger one. Mr. Barbier agreed and stated his con- currence that a continuance to consult with Staff would be helpful to him. Councilman McPherson withdrew his motion, and Mayor Mullins withdrew his second of the motion. Councilman Brush moved to continue the matter to the meeting of November 9, 1978. Councilman Wilson seconded the motion; carried unanimously. MAYOR MULLINS RECESSED THE METING AT 8:40 AND RECONVENED IT AT 8:55 P.M. D. CASE NOS. C/Z 11-73 AND DP 14-78 - E. GEORGE MARZICOLA AND D. K. KAVAN UGH, APPLICANTS: Consideration of a Change of Zone from S Study to PR-5 (U.A.) (Planned Residential - Max. 5 du/acre, Upon Annexation), PR-7 (U.A.) (Planned Residential - Max. 7 du/acre, Upon Annexation) nn 4 . T)al,ol nnmonf AlAl F.,r a 1521 TTni a /'.....-1 .,...i «.�..... /� 1711 , F P Ell ml-, C« R E C E I v D NOV - 7 1978 PALM DESERT CITY HALL CITY CLERK'S OFFICE t.�v way CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Change of Zone from R-1-12,000 to R-2 MILDA P. BENNETT AND KENNETH BARRIER III. CASE NO.: C/Z 10-78 IV. DATE: October 26, 1978 V. CONTENTS: A. Staff Recommendation. B. Discussion of Issues. C. Draft Ordinance No. 196 D. Planning Commission Meeting Minutes involving Case C/Z 10-78. E. Planning Commission Resolution No. 407. F. Planning Commission Staff Report dated October 3, 1978. G. Related maps and/or exhibits. A. STAFF RECOMMENDATION: Approve a Change of Zone from R-1-12,000 to R-2(7) S.P. by Waiving first reading and Passing to second reading Ordinance No. 196 Justification is based upon: I. The density resulting from the alternative Change of Zone is deemed necessary or desirable as a transitional buffer to the adjacent existing uses. 2. The attached applicant's submittal labeled Exhibit A, hereby pointing out to the Commission reasons to justify the granting of the alternative of R-2-7,000, S.P. B. DISCUSSION OF ISSUES: The Planning Commission agreed with Staff that the applicant's request for straight R-2 which would permit a maximum total of 16 dwelling units on the subject property was not appropriate. However, the Commission did agree with the applicant that there was a need for a transitional buffer between the existina sinale familv residpntial dPvA1nnmpnt to the Snuth C/Z 10-78 1. ' - October 26, 1978 Page Two residential 0-6 d.u. per acre as specified in the College of the Desert Specific Plan. .Said designation could result in a density of 7.26 dwelling units per acre. Therefore, the Commission selected the alternative of R-2(7) which would provide a density of 6.2 dwelling units per acre, or a total of nine dwelling units on the subject property. However, said unit total could not be achieved unless the five lots were consolidated into a single parcel. The Commission felt that this requirement for consolidation was beneficial and would result in a project similar to the adjacent condominium development. If the applicant did not want to consolidate parcels, then single family residences could still be built on each individual lot. In analyzing the specific five lots in question, the staff finds that the Planning Commission logic holds true for all but two of the lots. Please note the following analysis: DENSITY ANALYSIS Unit Yield by Lot Lot R-1-12,000 R-2 R-2 (6) R-2 (7) No. 89 1 3 2 1 88 1 3 2 2 87 1 3 2 2 86 1 3 2 1 85 1 3 2 1 TOTAL 5 15 10 7 Total Unit Yield if all Lots com- bined 1 16 10 9 Total Unit Yield by combining Lots 86 & 85 and 3 13 10 8 88 & 89 .0&. c ORDINANCE NO. 196 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 R-1-12,000 TO R-2 (7) S.P. ON PROPERTY LOCATED SOUTH OF PARK VIEW DRIVE BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 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 25.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on thq attached exhibit, labeled Exhibit 'A'. Section 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall certify to the passage and adoption of this Ordinance and the same 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 1978, by the following vote, to wit: AYES: J NOES: j ABSENT: ABSTAIN: ATTEST: EDWARD D. MULLINS, Mayor =?/ID'O ow I is/o v-; Fs C; Z� /Y34 "a'/ 6-V Minutes Palm Desert Planning Commission October 3, 1978 Page Three VI. PUBLIC HEARINGS (Cont.) Chairman Kelly excused herself from the case and left the room. C. Case No. C/Z 10-78, BENNETT AND BARBIER, Applicants Request for approval of a Change of Zone from R-1 12,000 to R-2 on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive. Mr. Crump reviewed the staff report and noted the staff recom- mendation of denial and the reasons for this recommendation. He then reviewed the applicants request for the Change of Zone and noted cor- respondence received the applicants' lawyer. Commissioner Kryder asked if triplexes were allowed in this zoning and what zoning would be required for duplexes. Mr. Crump stated that triplexes are allowed and that an R-2 6,000 zoning would be neces- sary for duplexes. Vice -Chairman Snyder declared the Public Hearing open and asked if the applicant would like to speak at this time. CAL MCINTOSH, Attorney representing the applicant, stated that he disagreed with the staffs reasons for denial. He noted that there is a block wall along the back of the property, he sees no reason for cul-de-sacing the street noted as there is better circulation as it is now, and there is a need for rental property in the area. Commissioner Kryder noted that the applicant had made some good points and asked if he would consider single -story duplexes with a zoning of R-2, 6,000. Vice -Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed Change of Zone. Being none, he declared the Public Hearing closed and asked for the pleasure of the Commission. There was some discussion regarding assembling the lots into one parcel; if the request is in conformance with the General Plan; considering the COD Area Specific Plan and its findings with regard to zoning; the possibility of duplexes; the possibility of combining the lots; if R-2-6,000 could be done lot by lot and if R-2-7 could be combined. Commissioner Berkey noted his opposition to the project as the traffic is already heavy in the area. It was suggested that the -applicant consider'R-2-7,000 S.P. Mr. McIntosh stated that he had not had time to consider this zoning but if this is the best the applicant can get they will take it. Commissioner Berkey noted that this zoning gives many alterna- +ivac fnr Aifforon+ +hinmc Minutes Palm Desert Planning Commission October 3, 1978 Page Three VI. PUBLIC HEARINGS (Cont.) Chairman Kel herself from the case and left the room. C. Case . C/Z 10-78\ B NNETT AND BARBIER, Applicants Reque val of a Change of Zone from R-1 12,000 to R-2 on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive. Mr. Crump reviewed the staff report and noted the staff recom- mendation of denial and the reasons for this recommendation. He then reviewed the applicants request for the Change of Zone and noted cor- respondence received the applicants' lawyer. Commissioner Kryder asked if triplexes were allowed in this zoning and what zoning would be required for duplexes. Mr. Crump stated that triplexes are allowed and that an R-2 6,000 zoning would be neces- sary for duplexes. Vice -Chairman Snyder declared the Public Hearing open and asked if the applicant would like to speak at this time. CAL MCINTOSH, Attorney representing the applicant, stated that he disagreed with the staffs reasons for denial. He noted that there is a block wall along the back of the property, he sees no reason for cul-de-sacing the street noted as there is better circulation as it is now, and there is a need for rental property in the area. Commissioner Kryder noted that the applicant had made some good points and asked if he would consider single -story duplexes with a zoning of R-2, 6,000. Vice -Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed Change of Zone. Being none, he declared the Public Hearing closed and asked for the pleasure of the Commission. There was some discussion regarding assembling the lots into one parcel; if the request is in conformance with the General Plan; considering the COD Area Specific Plan and its findings with regard to zoning; the possibility of duplexes; the possibility of combining the lots; if R-2-6,000 could be done lot by lot and if R-2-7 could be combined. Commissioner Berkey noted his opposition to the project as the traffic is already heavy in the area. It was suggested that the applicant consider R-2-7,000 S.P. Mr. McIntosh stated that he had not had time to consider this zoning but if this is the best the applicant can get they will take it. Commissioner Berkey noted that this zoning gives many alterna- tivac fnr Aiffaranf thinoc Minutes Palm Desert Planning Commission October 3, 1978 Page Four VI. PUBLIC HEARINGS (Cont.) D. Case Nos. DP 15-78, 93C, and VAR 05-78, WILLIAM BURNETT, Applicant Request for approval of a Development Plan and Pre- liminary Design Review for a Planned Commercial Development and a related parking Variance to re- duce the number of parking spaces from 898 to 834 on approximately 15.6 acres within the P.C.(3), S.P. zone at the southeast corner of Highway 111 and E1 Paseo. Mr. Cipriani reviewed the cases and noted Conditions of.Approval and the concerns of the Design Review Board. Chairman Kelly asked why one of the Board members voted no on the Case. Mr. Williams stated that the member had asked that the project tie into the existing pro- ject more effectively to make it look more intimate. Chairman Kelly asked if this was a variance or an adjustment on the parking. Mr. Williams noted that it is a form of a variance. Mr. Cirpriani reviwed the rest of the staff report and noted that the parking falls under joint use and that the applicant had lost 38 spaces by angling the parking spaces as required by the Design Review Board. Chairman Kelly declared the Public Hearing open and asked if the applicant wished to speak at this time. WILLIAM BURNETT, applicant, addressed the Commission and asked to have Standard Condition No. 11 explained. Mr. Beebe stated that this is a requirement in the Ordinance and the Ordinance requires $1500 per gross acre. Mr. Burnett also asked to have Special Condition No. 2 explained. Mr. Beebe stated that the signal for this location would cost about $120,000 and it would be a 3 way intersection and $40,000 is one third the cost. Mr. Burnett stated that he did not object to the fee but felt that it should not be required until the signal light is installed. There was some discussion about the length of time for the signal to be installed and when the applicant is required to give the funds to the City. It was noted that it took 18 months to put in the signal at Deep Canyon and Highway 111. Chairman Kelly asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed project. Being none, she de- clared the Public Hearing closed and asked for the pleasure of the Commission. Commissioner Fleshman noted his concern with the parking; the need for some design alternatives; traffic circulation; an anal- ysis of the traffic flow at exits, entrances, etc.; and, the parking along E1 Paseo and location of buildings. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIAJ ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: OCT. 12, 1978 I certify (or declare) under penalty or perjury that the foregoing is true and correct. OCT. 12, 8 Date--------------- ------------- --- — -- 197 - at Palm Desert, California This space is for the County Clerk's Filing Stamp Proof of Publication of --- C Z,TX _ OF _3ALM_--DESERT__------------------ CASE NO. REQUEST FROM R-1 SOUTSAH OF AND N . 10-78 167a a Public Hearing will be I le-faniliy residennab min. 4,01M W. W. ; imate ly 1.5 acres south of Park View en ana San Juan Drive, more PartleU- 12-0/01, 002, 003, 004, L 005 If I ,/Z 10.78 SAID Public Hearing will be held on Thursday. October 26. 1 1978, at 7:00 a.m. In that Council Chambers in the Palm Desert City Hall, 45-275 PrIcT V Pear Lane, Palm Desert, Califpprn�ia, at which time and Place, all Interested persons are invlied to attend and be heard. SHk7ILA R. GILLIGAN C Clerk tv ofalm Desert, California POP-10/12t1 cut:a�zj O:ff nED r � 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 October 6, 1978 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1 12,000 TO R-2 ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City _Council to consider a request by BENNETT AND BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family residential, min. 4,000 sq. ft. lot area/du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly described as: APNs 621-332-001, 002, 003, 004, & 005 SAID Public Hearing will be held on Thursday, October 26, 1978, at 7:00 p.m. 4- +6- r,...41 ,.. +k- Del.., new_,+ r;+., uell AG_979 Dv ;rb7.. Do.v ORDINANCE NO. 196 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 R-1-12,000 TO R-2 (7) S.P. ON PROPERTY LOCATED SOUTH OF PARK VIEW DRIVE BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 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 25.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached exhibit, labeled Exhibit 'A'. Section 2: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall certify to the passage and adoption of this Ordinance and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the Palm Desert City Council this 28th day of December , 1978, by the following vote, to wit: AYES: Brush, McPherson, Newbrander & Mullins NOES: Wilson ABSENT: None ABSTAIN: None ATTEST: - a"i : 41 P.R.-7,, sP U P.R.-7 s.P H 00 yQ. 2 PARK VIEW DRIVE Al / M05H V Q '00'1-01 1 1 0� MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, NOVEMBER 9, 1978 CITY HALL COLUNCIL CHAMBERS J J I I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the Palm Desert City Council at 7:15 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel Brush Councilman Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Martin J. Bouman, City Manager Jeff Patterson, Deputy City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of October 2.6, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-043 and 7 - . Rec: Approve as presented. 1 C. REQUES Q nT FOR RELEASE OF BONDS by Jomo Development, Tract ni regular City Council Meeting of October 26, 1978.) ?Mr. Williams advised that the applicant had filed a letter requesting that this item be continued again to the meeting of December 14, 1978. . Mayor Mullins invited input in FAVOR of the. zone change, and none'was offered. - Mayor Mullins invited input in OPPOSITION to the zone change, and none was offered. Councilman Wilson moved and Councilman McPherson seconded to continue the matter to the meeting of December 14, 1978. Motion carried unanimously. B. ANNEXATION NO. 5 - MONTEREY AVENUE -COUNTRY CLUB DRIVE: -Consideration of Any and All Protests Regarding the Pro- posed Annexation to the City of Palm Desert of 1,046 Acres Located Southerly of Country Club Drive Between Monterey Avenue and Cook Street. Mr. Williams reported that this annexation request was initiated in June of 1978 by Resolution No. 78-81 whereby Council instructed the City Clerk to file the application with LAFCO. The annexation was requested by 35% of the property owners in this area. The application was forwarded to LAFCO and based upon its being a logical expansion of our City's boundaries, it was approved by the Commission on September 14, 1978, with direction to the City to com- plete the procedure including holding a public hearing to receive any protests. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the annexation. None was offered. Mayor Mullins invited input in OPPOSITION to the annexation, and none was offered. He declared the Public Hearing closed, noting that no written protests had been received either. Councilman McPherson moved and Councilman Wilson seconded to conclude the Public Hearing on protests and continue the matter to the meeting of December 14, 1978, or 30 days. Motion carried unani- mously. C. CASE NOS. C/Z 08-78, DP 11-78 - WESTERN ALLIED PROPERTIES: Consideration of_a-Request for Approval of a Change of Zone from 'S' Study to PR-5 (U.A.) and O.S. (U.A.) on Approximately 680 Acres and a Related Residential Development Plan to Allow 1,428 Dwelling Units and Related Recreational Amenities and Open Space, the Site.Being Generally Located 3 ?Miles South- west of the Intersection of Highways 111 and 74 Adjacent to the Southerly Boundary of the City of Palm Desert on the West Side of Highway 74 and Certification of the Related EIR as Complete. Mr. Paul Williams reviewed the Staff Report in detail (original on file with the City Clerk's Office as Official Record). In addition, he reviewed each letter individually which had been received relative to the case. He reported r1,n rAe Al�,r»ran r,nm 4eci" knA 1'.1A 9 nnhl in IlanYinaq nn PROOF OF PUBLICATION This space iJ for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA) ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: 9/14/78 I certify (or declare) under penalty or perjury that the foregoing is true and correct. - ---- - - - '_ nature Date -- -Septa-74' — ---- 1978_ at Palm Desert, California Proof of Publication of C-ITY_ OF-__PALM-_➢ESEET_-. CASE N0. C/Z 10-78 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-I 12,000 MATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN F JUAN DRIVE. CASE NO. 10-78 NOTICE IS HEREBY GIVEN that a PublicHe Hearingng will be held Planning Commission to consider a request by BENNETT AND BARB Change of Zone tram in. ,0000 .ft. lot residenapp min. teiv sq. n Drive, , between min. n 00 d ft. lot areaIve, on a proxmulariv 15 ac Drive, between Fairhaven and San Juan Drive, more , 004, la 05 descri APNS 621-332-00I. 002, 003, OOd, 8 fq5 SAID Public Hearing will be held on Tuesday, October 3. 1978, at 7 Chgmbe-s In the Palm Desert CRY Hall, 45275 Prickly Pear Lane. Pair which" time and place, all interested persons are invited to attend and t PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A RE- QUEST FOR A CHANGE OF ZONE FROM R-1 12,000 TO R-2 AND RECOMMENDING A CHANGE OF ZONE FROM R-1- 12,000 TO R-2-7,000,.S.P. ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIR - HAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on October 3, 1978, hold a duly noticed Public Hearing to consider a request by MILDA BENNETT and KENNETH BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family Residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family Residential, min. 4,000 sq. ft. lot area per du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly des- cribed as: APN 621-332-001, 002, 003, 004, and 005 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and no further environmental documentation will be required; and, WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desir- ing to be heard, said Planning Commission did find the following facts and reasons to exist to recommend an alternative Change of Zone: 1. IThe density resulting from the alternative Change of Zone is deemed necessary or desirabll as a transitional buffer to the adjacent existing uses. 2. The attached applicant's submittal Labeled Exhibit A, hereby pointing out tb�the Commission reasons to justify the granting of the alternative of R-2-7,000, S.P.. 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 consti- tute the findings of the Commission in this case. 2. That the Planning Commission does hereby deny the request for a Change of Zone from R-1-12,000 to R-2 and reccmmmends an alternative of R-2-7,000, S.P. to . the City Council. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1978, by the following vote, to wit: AYES: BERKEY, FLESHMAN, KRYDER, SNYDER PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 1 APPLICANT'S BASIS FOR REQUEST FOR ZONE CHANGE To: Palm Desert Planning Commission Case No.: C/Z 10-78 Applicant: MILDA P. BENNETT AND KENNETH BARBIER Date: October 3, 1978 The applicant for the proposed change of zone strongly asserts that the justification for the staff recommendation for denial of the proposed change of zone is without substantial merit. Applicant therefore requests that the Planning Commission not adopt the staff recommendation and permit the zone change to occur. I. The land use which would result from the proposed change of zone would be more compatable with proposed immediately adjacent uses than the present zoning. Bordering on one side of the applicant's property is a large, undeveloped tract of land. The owners of that parcel of land are in the process of planning a condominium project which will necessarily result in a use of a higher density than that of a single-family dwelling. The applicant's property, if changed to allow for a development of tri-plexes, would act as a buffer zone between that proposed condominium development and the single-family units which exist and are adjacent to applicant's property. Other higher density uses are being made of other available land immediately surrounding applicant's property. This includes construction of other large condominium projects, as well as a television studio. To the extent that appli- cant's property and the surrounding property is affected by these uses and by the increased traffic flow of border- ing streets, it is clear that the best use of applicant's property would be that of multiple -family dwellings. A vacant piece of property which would view applicant's property on Fairhaven Street would also benefit by appli- cant's zone change. The owner of that property, Mr. Henry R. Sottile, has stated that he is in favor of the zone change and believes that the existing R-1-12,000 zoning is an unrealistic zone in view of the developments which PLANNING COMMISSION RESOLUTION NO. 407 Exhibit A Page 2 II. Immediately adjacent properties, including single-family dwellings, would also benefit by the proposed change of zone. The proposed change of zone would allow tri-plex units to be built on five pieces of property. Only rear walls of single-family dwelling units are abutting this property and the proposed units would therefore not be an interference with the view of the existing single- family units. Further, the entrances to the tri-plexes would be on Fairhaven Avenue, and not on any streets upon which single-family dwelling units can or will be built. Further, the tri-plexes would act as a buffer -zone between the single-family units and the high -density condominium and commercial uses planned and developed in the surround- ing area. III. The proposed development would provide for additional housing for students at College of the Desert. In contradiction to the assertions of the staff, the housing officials at College of the Desert have stated that there is a great need for additional housing for students which is not met by existing structures. They have stated to applicant's attorneys that they favor pro- posals which would provide for additional housing for college students. Two-story apartment structures already border single- family lots in the neighborhood. Applicant's property, which is on the opposite side of the neighborhood, would provide a lower -density use of the existing land than these units, and yet still provide additional housing for college students. IV. There is no major problem with water supply or sewer services. The applicant has been informed that there is no major problem with water supply or with sewer services -in the area. Applicant will cooperate with the appropriate agencies to provide adequate water supply and sewer services to the project, and in a manner so that neigh- boring single-family homes would not be adversely affected. PLANNING COMMISSION RESOLUTION NO. 407 Applicant's proposal is well withi Exhibit A Page 3 n Further, applicant's parcels are larger in size than the neighboring single-family unit parcels. If a use were to be made of the property, other than single- family homes, it would appear that applicant's parcels would be the logical site for such use. VI. The Environmental Impact Report of September 11, 1978 states that there is no significant adverse effect on the environment. VII. The proposed change would not require a change in the Palm Desert General Plan. Applicant's proposed zone change does not require an amendment to the General Plan in order for implementation. Applicant's property exists in an area which includes medium and high -density uses. While applicant's property would be of a higher -density use than a single-family home, it is well within a proper and appropriate use for the neighborhood and surrounding areas. Respectfully submitted, McINTOSH, ZUNDEL & MORROW A Professional Law Corporation Michael J. Cos§j!ove PLANNING COMMISSION RESOLUTION NO. 407 City of Palm Desert Exhibit A Page 4 Mr. and Mrs. Henry R. Sottile 4304 Babcock Avenue, Apt. 101 Studio City, CA 91604 RE: MILDA P. BENNETT REQUEST FOR CHANGE OF ZONE TO R-2-4000, CASE NO. C/Z 10-78 Gentlemen: My wife and i own Lot 90 fronting on Park View and Fairhaven Streets, which is across the street from the five lots for which Mrs. Bennett is requesting a zone change. I favor the zone change because R-1-12000 is an unrealistic zone in view of the develop- ments which are taking place on surrounding properties. Very truly yours, HENRY R. SOTTILE HRS:sp f C!bMMI!§i§IbilI ,.-.,..PLANXING' % 71 RESOLUTION 'NO. A07 -4 �4 2 t Aar s MNNY AG REMCWT OF D RATION Y '7 FJTA3XJSHXEAT OF (CONDITIONS AND RESTRICTIONS' MV4 dI M By THESE Pasmrs, ryk MT VMMUM, the underrign6d'ar6 the owne "a' Inof.. or .inot leeff,than 7, percent In area of ?,I" 1"Eiiat Je '. M 6e I 4 as, as Rho" by, ma ^rJ.tr..Qo file in Book 21 Page 66s of maps- Ivenide Count; Flecordal ,there has hereto o beenreccrded a Dclarat-oh, j I _ of E.tRt_ Of Conditions and eatr-Ictions covering :aid Trac it which said "D60laration wag recorded ove,�er 20- 'Book 802 If 1946 In R. Official., s, d 6 e to ove m 0 0 t b M se ttle ct e bona On r' 9 I c c 4 v re corded 5 r r v d co vering a n I d I d n -'.Records, page 229. at Be Records' f .. ' : 111v I of Elverel' W.-!,,.. as Count Y. Californja.- them have heretoforer ,been recorded A--.endmcn a o fLDcclara- Cc Conditions I I on Of.EntabliEhmnt of Conditions and Restrictions CO ring iald r r d A April I y 19 F Y. "Ct,* whichd Amn�daente were recorded April 7, 394`� 'd No rag. 76. e t q - et aeq., and g - *TOctiv ely, In Book 824, Page 376,T oo 2 k 26� , p. e 290, neg.. Official R@cOrda,Riverslde County C RI .• MMRFAS, the undersigned'now deelr� t =end said Declaratl,,j o.� latabllahR"t of COnditime and Re i ctione. j, iHZRSPORE, the 'undere l'in'd crab 'y Agree to followInamen d_ d- Sri �R`Batv to Said Declaration of Eatablis hment of Conditions and Rea trio - 'tuni 'Sad. , Certify and declare -that said Declaration Or Eatablienmnt or -I: >Caa dItIOMM and Restrictions covering eal d Tract , be end, the jam Is hereby:42e0ded to.read as follower (o) iota I to 34 Inclualve, 47 'to 54 inclusive and 85 to 90 Inclusive to 78 inclusive. 55. 72 and 84. 1b �L4 Me PLANNING COMMISSION .RESOLUTION NO. , - 1 ' I ` II 1 x _ - F A;Exhib�t :A's Page 6 t s (a .shall lrt.ueetl for e1n53e-faml ly', two-Parnlly; mu -family reeldene:t u. • _ -apartment house purpcsee orl `, and,no building or tructut tall t erected,., cohstructed, altered or maintained thereon or'na'any part •'.thereof whin;; shall be used or deeignr❑ ur-ir.tcnded w �e used for- ny i purpose other ,than that ;of a einrle-family prl vats c✓tl l:ng two-s Iruis j r;,j �_•� a r' fem11} dNn•Il Snge or d,ipl•>x, ttultl-..eaml ly'dwal lira, or-ap: ^Lm(•nti on any hullding lt�, Sncl r.,, a ..e llinr, a aC?'i pPurto::ar.t prl vaG-'A;6 and euetomary The f1ret rend n. a etrucpl;tcIr•- t u ny or +gli '-Lots 1 to 34 inclusive, '.. to",., Icclu Sr. 76 to. 78 inclusive, 55, 72, rind 84, - -� shall contain not less thin,_acomhlretoLr.1 of f square feet of floor spans exceptln onl, neat _r.,le fanIllyp�C +}• ,.� dwelling 'shall contain not lece .Unn one t,ousan qy o.:7. _floor space; provided however, t ai'•for tha purpure k[,reof It , Sng the number of square feet of floor upare contained I: an.i:cn ;dence tructure, th[ spacecon hin0j •w1 ,in open PoPli,,�^^, aper1 balconies, patio- a ement or cellar 1 ^.ct aril^[ c �•rp ;r 1{ the square footage but t::at OnP nag: (1/2) Uf t.l area oc u ur f( Bred .porctiee, and raragee it Inlen tnt (our, rlar Ic 1.:1ntC era plre 'the main buildini or structure, ahali be considers... •� �i -'(b) All lots and portions if lots Sn. aid T act..af inq.—ln, e<c'•rt -,. Sng Late 1'to 34 lrcluaSve, to rj; in-, lu, ive arl �;' to; 90, ll.cl'.ai i '76 to-78 -Inclusive z5, ,'2 and 'Flo . shall be ueed for single family'ree Sdence purposes only -and no-tuil,lni or structure shall be erected, constructed, 'altervo or malntalced the:eon. or on any part thereof, which shall, to used or designed or lnt,naed to be used for any purpose other than that of one -detached einglc family private dwelling on any building eite,'-Including-a house,' appurtenant private garage and 'rueto..i. ry outbull-dings, excepting my'that as to a 'building Bite which shall contain ten thousand (10 000):6uare 'feet o x `"',yi'';�t' err•. r :2 NGo yy •, y t .7 s� A ' f .v} it .y 3 r f v >�•w e�cy,. '3 ^m"' �5a.: ,.� i �� 4• �': t 4� ire g ; .--, Y _ � d.t � L _ c -' o ,"b a >,_ y } f • 3� y �, ,x�' ,�•-,..,�,� -�4�'� t PLANNING COMMfI ON 'RESOLUTION NO. "407. - Page 7 — ey ...Jrl•, a free rat, . true i in... O:' uL:l ... 1111- ''vn!r, ` ('IUJ) ��I,A :• {'.p.a . .l- Y or more of F,roun❑ II^.:`c "., txcIu,;_'ng (.J:•c:re as Yg r.ai: ^_r. erected wbl,,n ma' M1c u?,,1 aP .z� eur•p; joue•", Lot .1.11 r^ot t 1' any purpOPC Otrer :...,. n ruest nouer' Cr. it: car .^. zt :9C n1LC a z!n;: 1. )P family uce in cnr. urct l,.r. v.,. Hain •iv.,, PIS:r y:. trulq:r•r.: •'a ._ , . . The fir_-t. rttur, , _¢. or Portlats 61' 1✓, .^,.all ru;._'-L. :..1•-. .. t'r .rt:r,a: (i,�l,) . iF equare feet of :Inc: L'pa: i"'L•: Sc�i. .»:.. ,.. p :rp hereof In .!ct-rmlcl:.r ti,::fora.:• of e;s:•: _,•t qi floor• a}. ,- r I '1` tained In any au:::, ., t1': _. _.. .a:ve•tir .^hr-r .... ..... .. r• r` porchee, a .. ent r ,.} P' , et Fatlov. +. ., be conelJnr..i,. IT. ." (u squ„1. ro,, .La � .1 _'1 1: .. _. of the area ovr r coverinr le an Lct:: ri: ,(P - be coneldurg8. SECOND: 1 No bulldlr.r, ^. ]1 Ia L,: bjc r: :q••:• ...-. l8,•1.:, fi:• (. ) . front lot 1L_e- nc•• n.-a:•Jr• t•:an r No bulldi n. 'tall :o It 1/ s.t ( q) to i. + _ I �,. ;of any bnLl'!- 1 -1 r (aU) t et from arr v.vav 1,)t 111 . i s " Eneemente ana rL:r.:e o. ea:: p:, .,er.,-,; ep..:_ . urlderel Cned an¢ Lh••Sr succe2coze ar.i aas 11-r, t .- wt L-:[ (1 tlon and mptntenarcc of p pel n an. water U. I'; .: I'. - i:� - utllltlee IT' an,I over• :.1: r• vt;. U. aa:: Triet, •oti Lr. -:ne. :., ,•. .. t' t across and along, a Crrfp or Ian.! :'iv,- the common lot line, ulvlu Lrt• : 7_ fulloxlrc lute 1r: n.. ,. fj'.. Lots. 13 and 1•:, V, an., 1,:. 1 : an! :3. i3 any .1 an }: 51 and 52, 3 and �A, '/6 ana PLAIINNING `COMMISSION 5 '} r RESOLUTION NO.' 407 `' Exhibit'A 'P_age _ 8 z ' Tnat no t:•r::pnrar;'u:T;1r�. :,-,:. r:.,.:r, ;,:. ;;•r.` ca ,::.:-, - - 'i f , ' any tra!ler ..nall t._ ' Bald late a. 1Lr 0❑ rIL; `, lot, ',, 1, i• r .,. 1 cf• ': tt' E<t:: •-. .•..'•. i v. ." i '• prov::ed za 1 eev,'r.ty (1o% !',.rl :1•.-a 1f L. :..`.: , .•,..'•; f ! t1 •Iron: Ira- I- u!e :•t....... t. ... _ . ... _ ... su..; LIm•. as actual _ 31 :•. :!.,_ _. ... .• .. .. ._ ..: fir.. - _ . . . a trnller r .. .. :u; .... _• - ..: 1.0.. ... - .. eonet. acted. :r`.: ••. .t7';. c... i.: tv:1• �.. Bala prop rty upon rc?pl .: ;o:. .. .... .. _..__ .• ..- ..... _. - ^ ., work trier- on. - - FOUNTII:. ! " No livestu:•k'or poi: t:•: :• "7 n•.,... •,: &:::: r••pr- - JIl any Jf tn,•: • .. ..., .. •... No iICCU:":a:at :ol: O!' ya: La.; •, .:'u::.,+rUt Or o I i waste :hall he all', is d rOa.a t n d 1 Prop. o r I .. • - and each owner of caeri lo. or _ P ='-. of � '. p. .P'_ tJ :..11 f. ..�pr t: - t �. ` remove and-dispoe,. of oil sue c bo,",. _ nnt ur Otr.-:: r .. unel Shtly wa^.te •which ray' at any ,'Me ucc=ulate 01. ru:::, lot nr•. F:t::•rel. ;',• ', - , _ SIXTH: That nll rL'hts 1,11,11, a!:: :n :In.l. .,. nil gW'Liir, e•w:at_ � - - [ , and pereolatlr.r wat..:• Or watt •.. »r :u: Llr- .. L.;. t.. - `� •"�'-- - erty are Hereby rrearvrd :, ,- •1':' JY.::•:rer t:r•: [. :• �- •*, _. .�..tm•z, aJm::;t- .-' -' t a etrtors or SsCgne. • R , r 00 - - v AN`s.a'i5rv.. ' - -- xr.xkcr,.t�>f��..:`c:�F:�a=+t�€�u_rs��=.fz��kltr'�:�FX�uS��e�_1.='(�.+'��1#:A Mtl .:i` frl r e 'Rr- I ON �• RESOLUTION NO.-407 =, a ''Ex_hibit- Pagq.9 • :K s _ t . i 'i • 1 �j l��rr i rtJIF�C rF csG.ra:,. 7 7 rd, j tr ,-t ] <J yi i r i - iaeh and all of the foregoing condl Hone and red Crlcttond shall ": `' U= V.teretinaLa on the -let day of January, 1966. `pt the time of euch`sii" pz tpatibn. Covenants shall 'be automatically extended'for eucceasive p�rioda 1 + Of ten (10) years unless by vote of a -majority of the ten ox_nere ,of the 4 " - Iota 1t Ie agreed to change Bald covenantee in whole or 1n i PROVIDED that 1f tile�partiee hereD �� " Dart ')Sr••- - _ o, or any of them, or their he .14 or assigns, shall violate or -attempt toviolate arty of qry e'cotsnan is :heP1n, St shall be lawful for any other -person 'or..pereor_', -`, Teal property eltuated In said devolo ne` -, +' P nt or pLd.,vSelan to prosrctiLo _.• any proceedings at law or Sn equity against the person or percnrs v10- .• C: '-•<lat3n6; or attempting to vlolate any such hcovenai.t anij cf thrr'to prevent. ` i i>a or Lhem from so doing or tearecover damages ar otncr du�-P fur' uch tiolatlon• - - - 1. ^ • • '7ROVII]SD, FU r� Y RTHER, invalid of any olof the a rove :ant Ly, :u r-- �ent.,or sourt order shall in no xlee affect any Of'the other } r{-. 'nhlch, shall remain in full force and -effeet Provl aloneµ any time nn amassment change, modl ficatloa or termiratLon occ' Z F tiictlpne end covenants set forth ]n this Declaration may be ads by the a !. '. 6 :, ` miEus3 wrltLen agreement between the then otvnere of record (exc ludtrr - c_ _'mortgagee, under mortgagee .and true teen under deeds of trust) of notJ ; -• :. `lees than seventy-five (75%) percent In area of said property, euly rd Sn the executed and placed of recooffice of the 1 County Recorder of r_ iverelde County, California. ` ('..� .. IN YI2NR33 WHEREOF, the ea]d parties have hereunto set their hande i Phis 7 6 day of P-RTU E. t' 'WALKER, HOBART @ CO, 4 !.:,. - R. eon, Par ner t+ 'e cn i �r� .� ♦� ��tYi�+<d1Sr �^ }.sr r jjjj fit; tr 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE Oct. 4, 1978 APPLICANT MILDA P. BENNETT & KENNETH BARBIER 73-860 Flagstone Lane Palm Desert. CA 92260 CASE NO.: C/Z 10-78 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of Oct. 3. 1978 CONTINUED TO DENIED XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 407 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING CONNISSSION cc: Applicant C.V.C.W.D. File 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 September 11, 1978 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1 12,000 TO R-2 ON APPROXIMATELY 1.5 ACRES SOUTH OF PARK VIEW DRIVE, BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by BENNETT AND BARBIER for approval of a Change of Zone from R-1 12,000 (Single-family residential, min. 12,000 sq. ft. lot size) to R-2 (Single-family residential, min. 4,000 sq. ft. lot area/du) on approximately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive, more particularly described as: APNs 621-332-001, 002, 003, 004, & 005 SAID Public Hearing will be held on Tuesday, October 3, 1978, at 7.00 p.m. EIR FORM #1 CITY OF PALM DESERT NEGATIVE DECLARATION Case No.: C/Z 10-78 Applicant: MILDA P. BENNETT AND KENNETH BARBIER 73-860 Flagstone Lane Palm Desert, CA 92260 Description of Project: Request for a Change of Zone from R-1-12,000 to R-2-4,000 for property located near the intersection of Fairhaven and Park View. Finding: The project will not have a signficant adverse effect on the environment and no further environmental documentation will be required. Justification: The project is compatible with the Palm Desert General Plan for which an EIR has been completed. Any interested citizen may appeal this determination to the Planning Commission within eight (8) days of the date of the posting of public notice by filing an appeal in accordance with Resolution No. 78;.32' with the Department of Environmental SAruinP4 lnrntad n+ d5-276 Prinlrly Anon T onn D.,1— Tlo---4 r1_14*V --- *- TV CIRCULATION LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP'S, GPA's, etc: REVIEW COMMITTEE: V/1. Palm Desert Director of Environmental Services - Paul Williams ✓2. Palm Desert Director of Building & Safety - Jim Hill .%3. Palm Desert Director of Public Works - L. Clyde Beebe Palm Desert Fire Marshall - Dave Ortegel 5. Robert P. Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext 267) 6. 7. Lowell 0. Weeks General Manager - Chief Engineer V Coachella Valley County Water District (C.V.C.W.D.) P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) 8. R. J. Lowry Project Development Services California Department of Transportation P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4671) 9. _ Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 10. Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 11. Kermit Martin Southern California Edison Company v P. 0. Box 203 Palm Desert, California 92260 (Phone: 345-2831) (Phone: 328-8871) (Phone: 346-8660) 12. Chuck Morris i fpnpral Tplpnhnnp rmmnanv circulation List for All C___� Page Two 14. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) 15. Jim Langdon Palm Desert Disposal Services, Inc. 36-711 Cathedral Canyon Drive P. 0. Drawer LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687) 16. Stanley Sayles President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone: 346-6338) 17. Regional Water Quality Control Board 73-271 Highway 111, Suite 21 Palm Desert, Ca. 92260 (Phone: ) 18. Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) 19. Joe Benes Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 (Phone: 346-6111) 21. Scott McClellan, Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) 22. James Whitehead Superintendent - District 6 State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) 236-7411) 23. Les Pricer Redevelopment Agency 73-677 Highway 111 Palm Desert, Ca. 92260 (Phone: 346-6920 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No.: Project: Change of Zone Applicant: BENNETT AND BARBIER Enclosed please find materials describing a project for which the following is being requested: Approval of a Change of Zone from R-1 12,000 to R-2 on approxi- mately 1.5 acres south of Park View Drive, between Fairhaven and San Juan Drive. 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 natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc.) -your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. Sept. 22 , 1978, in order to be discussed by the Land Division Committee at their meeting of Sept. 27th. The Land Division Committee (comprised of Director of Environmental Services, City Building Official, City Engineer, Fire Marshal and a representative of CVCWD) 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 Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. Very truly yours, Paul A. Williams Director of Environmental Services PAW/ks PLEASE RETURN MAP WITH COMMENTS Name of Project; Case Nos. C/z 14).- 78 D.P T.T. C.U.P Var SEPTEMBER -1918- MONTH SUN MON TUE WED THU FRI SAT ....... ................... ........... .... ... . .. ................... ........ ........ . . ........ .. ... * . ... ........ X X X ... .... ........ ............. ............... ..... . . . . . . .. x x . . . .......... ............. . ... .... . . . PI— N N I N G, F ....... . ... ... . ..... ..... ........ ....... ... ...... yTH .. ........... . ....... ..................... ........ COMMIS510M ............... .................. .. .... ..... .......... .......... TOO P.m ................. ......... ........ X.: .................. S 7 xx ............. ........ ..... . . . . . . . . . . . . . . -: :- : [DESIGN CITV . . , ; : . : . .................... x X X X .... . . . . . . . . . . . . . . X REVIEW 13CARE) C�00 OCA L, :X x . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . X.: m. 7-100 P M :-X d� ....... .. F113 F 14 X.: X -X . . . . . . . . . . . . . . . . .......... ..................... . . . . . . . . . . . . . . . . . ....... � . . — ;�C: !-'X X X;:-.2-:;: . . ............... -X X X.: fs 1`3 IN G 1 � . . . . . . . . . . . . . . . . . . . . . . . . .. ....... x X Co Isr > MM X X 1.•00 F- rn - ... . . . . . . . . . . F 20 . ... . . . . . .. . . . . . . . . . . X GN LANO CITY X" REVI NV SOA;zr) GAVISID�J COONC4- .......... ........... ............. ............ .......... ........... ............ .. . . . . . . . . . . . . . . . . X30 . . . . CO MI 7:00P.M. X4 X 126 R127 028 . . . ... . . . . . . . . . . . x Legend: Indicates Meetings of which project will be discussed. Applicants must attend or pr6ject will not be considered. NameofProject: SUN MON I Case Nos. C Z TUE PLANIJING CUN1MI�lOt�l TOO p.rn. 3 DESIGN REVIEW BOARD 5:30 P.m 10 r IMM DESIGN REVIEW 60^V2D 5:30 p•m. 2 PLANNING COM M IsS ION TOO P.m. 31 _[ WED 11 PLANNING coMMlssioN I:CD P.M. LAND DIVISION Comm IIIEE 10.00 a. m Legend: ❑Indicates Meetings at which project will be discussed. Applicants must attend or prdject will not be considered. I OCTOBER 1978 MONTH THU I FR I CITY COUNCIL. e REDEVEL OP' T• 7.00 P.M. 12 r GTY COUNCIL 1p� REDEVELCP'T. 7:CO P.m. 26 I/ SAT 2szS2S2S�2S��stSZl �OD Z4' OO LS 29 ***CHANGE OF ZONE*** DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION Milda P. Bennett & Kenneth Barbier Applicant (Please mm) 346 5990 -- 73 860 Flagstone Lane 346 0344 Moiling Address Telephone Palm Desert, Ca 92260 City State Zip- Code REQUEST: (Describe specific nature of approval requested) Change of Zone From R 12000 to RZ-4000 PROPERTY DESCRIPTION: Lots 85 - 89 1.553 Acres ASSESSOR'S PARCEL NO. 621-n2- 001 - 02 - oI - MA — n5 EXISTING ZONING R 12000 Property Owner Authorization 34 E UNDERSIGNED STATES atEF?rHEY ARt THE OWNED(S) OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR - AGREEMENT ABSOLVING THE CITY OF PALM DESERT OF ALL I DO BY MY SIGNATURF/ON THIS -AGREE SIGNATURE Applicants Signature SIGNATURE (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ❑ MINISTERIAL ACT E.A. No. ❑ CATEGORICAL EXEMPTION ❑ NEGATIVE DECLARATION ❑ OTHER Sept. 1,1978 DATE RELATIVE TO ANY DEED RESTRICTIONS. SOLV E CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- f. AtltlT jA; BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN. ACCEPTED BY CASE No. REFERENCE CASE NO. Sept. 1, 1978 DATE Sept. 1, 1978 DATE Supporting Data: 1. Name of Applicant Milda P. Bennett and Kenneth Barbier 2. This request is made for property described as: Exact legal description Lots 85,86 87,88 and 89 of Palm Dell Estates, as shown by Map on file in Book 21, page 66 of 41ap139 Riverside County or records. 3. Total area of site: 1.553 Acres if more than 1 zone requested, give subtotal for each 4. Existing Zoning: R 12000 describe here or attach map 5. Proposed Zoning: escr 6. Assessor's Parcel No.: R 4000 here or attach map — AIP-001—02-03-04-05 7. The property is located at Park View street address between E of Fairhaven and N of San Ju street street 8. The present use of the property is Vacant 9. General Plan Designation R 12000 10. The applicant offers the following reasons to justify the request for a Change of Zone: is respectfully requested, since the parcel lies at the Apex of the existing subdivision ana aajoining Ptopu— cuiiuu,,,iu ,, pruic— on two sides. These projects include two story structures and 6' high cement cement block walls securing the areas. n:is situation leaves parce -r33 '— e lots 01,02,03,04.05 at a decided disadvantage for single family home develo ment vkith limited view due to the possible two story condominium development to the West) However, multiple dwellings on the Lots in question would provide two desirable possibilites, a buffer zone between the single residences along San Juan Drive and the large fenced developments to the North and West, and much needed rental housing near the COD. (22Blks 11. The applicant shall submit a minimum of twelve (12) accurate scale drawings of the site (one colored) and the surrounding area showing: - existing streets and property lines - existing structures - access and utility easements - topographic contours at intervals of not more than two (2) feet. 12. The applicant shall submit a list of all owners of property located within 300 feet of the exterior boundaries of the subject property. The list shall be keyed to a map showing the location of these properties and shall include the name and address as shown on the latest available assessment role of the Riverside County Assessor's Office. 13. The applicant shall submit a completed Environmental Assessment form. 14. The applicant shall provide such additional information as the Director of Environmental Services may require to determine whether the granting of a Change of Zone would endanger the public health, safety, or general welfare. The application may be filed only by the owner of said property and shall be signed by the owner or by a person with a Power of Attorney, in writing (attached) from the owner authorizing the application or by the Attorney -at -Law for the owner. Indicate your apthority�bel)ow/� , I am the owner of said property. I am the agent for the owner of said property (attach written authorization). I have a Power of Attorney from the owner authorizing the application I declare under penalty of perjury that the foregoing is true and correct. Executed at Palm Desert Ca this 1st day of September 19�g_• CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, Kenneth Barbier & Milda P. Bennett hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assess- ment role of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. J� (signed) ✓nro�'7c (date)49%`/ 149 Boo) 621 621 621 621 621 621 621 621 621 621 621 NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO. PARCEL NO. NAME ADDRESS Lt 21 Page 66 331 001 6 Milda P. Bennett 73 860 Flagstone Lan& PD 92260 a Kenneth Barbier 332 002 7 Milda P Bennett Kenneth Barbier 73 860 Flagstone Lane PD 92260 \J 332 003 8 Milda P Bennett Kenneth Barbier 73 860 Flagstone Lane PD 92260 C 332 004 9 Milda P Bennett Kenneth Barbier 73 860 Flagstone Lane PD 92260 332 005 0 Milda P Benneth Kenneth Barbier 73 860 Flagstone Lane PD 92260 332 006 1 Erick T & Terry Wahlberg 72764 San Juan Dr P D 92260 332 007 2 James & Teofista Berkoben 72 780 San Juan Dr PD 92260 332 008 3 1ichael W & Barbrara May 72 808 San Juan Dr PD 92260 332 009 4 Raymond d Juanita Norman 72 820 San Juan Dr PD 92260 q r 332 010 4 Joyce C Steele 39 740 Kirkwood Ct Rancho Mirage 9227( /o 332 011 5 Terry N Nicholson 72 860 San Juan Dr PD 92260 N 621 332 012 6 Cleona Melchert 1770 Avalon Blvd Carson Ca 90746 % Q f v NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO- 621 333 0'' 9 I Juanita Borzage & D & E Jeanne Scott 621 333 003 1 I Edward C Shea (21 331 CC1 3 1 Henry B & Mary Stottle 621 335 O01 5 Rod P. Dean CP Ace Approved Appliance & Maintenance Co 621 335 OC2 Red P Dean R & 7) Develcpment Pror:ert 621 335 ^03 ? 1 7r.naline C Cook 621 335 004 8 1 Emaiine C Ccok 621 335 Oc5 9 1 Robert L & Mary MacDonald 621 335 006 0 I Louise K Allen & Emmeline C Cook 621 320 002 621 320 003 k 621 320 004 Penelope Rigby PDS Cc Robert A Sack Lyman J Earrey ADDRESS Q 77 72 875 Park View PD 92260 72 870 Mimosa Dr PD 92260 J V 4304 Babcock Ave Apt 101 Q U studio City, Ca 91604 40 Hamlin St Van 'buys Ca 91401 754 FalrY,aven Dr PD 9, F43 528 Archwood, Van Nuys Ca 91405 31-1 480 Poppet Canyon Dr ?.J PD (i2?60 38 480 Poppet Canyon Dr; PD 02260 6245 Archibald Alta Loma Ca 90701 72 855 Mimosa Dr PD 92260 2200 Santa Monica Blvd Santa Monica Ca 90400 13945 E Summitt Whittier Ca 90602 348 N Baranca Glendora, Ca 91740 NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON 0 USE NO. JOB NO - PARCEL 21 290 NO. 008 NAME Brokers Realty Investment & Lakewood Home Loan ADDRESS P.O. Box 14796 Loma Station Long Beach, Ca 90814 21 290 014 Bartlett & Fournier 2634 San Antonio Dr Walnut Creek, Ca 94598 (i✓ ,21 290 005 White Sun, Inc P.O. Box 1000 Rancho Mirago, Ca 92270 ;21 333 006 Oscar J Yunkers 4054 Hickery Lane Chino, Ca 91720 ((, NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO. Bool 62s- 621 621 621 621 /621 621 /621 /621 J NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. 4 'O --�JOB NO. PARCEL NO. NAME ADDRESS L( 21 Page 66 'Offt ilda Pr.Hermet4'; 73 860 Flagstone Lane PD 92260 332 002 7 Milda P Bennett Kenneth Barbier 73 860 Flagstone Lane PD 92260 332 003 8 Milda P Bennett Kenneth Barbier 73 860 Flagstone Lane PD 92260 332 004 9 Milda P Bennett Kenneth Barbier 73 860 Flagstone Lane PD 92260 332 005 0 Milda P Benneth Kenneth Barbier 73 860 Flagstone Lane PD 92260 332 006 1 Erick T & Terry Wahlberg 72764 San Juan Dr P D 92260 332 007 2 James & Teofista Berkoben 72 780 San Juan Dr PD 92260 7 332 008 3 Michael W & Barbrara May 72 808 San Juan Dr PD 92260 ci 332 009 4 Raymond & Juanita Norman 72 820 San Juan Dr PD 92260 of , 332 010 4 Joyce C Steele 39 740 Kirkwood Ct Rancho Mirage 9227( l4J 332 011 5 Terry N Nicholson 72 860 San Juan Dr PD 92260 �) T 4 ', ?9 $ °f 621 332 012 6 Cleona Melchert 1770 Avalon Blvd Carson Ca 90746 f 62' ,62' 1621 d 62 62 / 62 62 / 62 `6 f NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO. PARCEL NO. NAME ADDRESS 333 001 9 Juanita Bcrzage & D & E Jeanne Scott 72 875 Park View PD 92260 333 003 1 Edward C Shea 72 870 Mimosa Dr PD 92260 331 001 3 Henry B & Mary Stottle 4304 Babcock Ave Apt 101 Studio City, Ca 91604 1 335 001 5 Rod P. Dean C/O Ace 14440 Hamlin St Van Nuys Ca 91401 Approved Appliance & 43 754 Fairhaven Dr PD 92260 Maintenance Co 1 335 002 6 Rod P Dean R & D Development Properties 14528 Archwood, Van Nuys Ca 91405 1 335 003 7 Emmaline C Cook 38 480 Poppet Canyon Dr PD 92260 1 335 004 8 Emmaline C Cook 38 480 Poppet Canyon Dr PD 02260 1 335 005 9 Robert L & Mary MacDonald 6245 Archibald Alta Loma Ca 90701 1 335 006 0 Louise K Allen & n Emmaline C Cook 72 855 Mimosa Dr PD 92260 1 320 002 Penelope Rigby 2200 Santa Monica Blvd Santa Monica Ca 90400 )1 320 003 PDS Cc Robert A Sack 13945 E Summitt Whittier Ca 90602 7 %i 90 -7 / 0 6E 67 '1 621 320 004 Lyman J Earney 348 N Baranca rol Glendora, Ca 91740 0 J6 �6 NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO. PARCEL NO. NAME ADDRESS 21 290 008 Brokers Realty Investment & Lakewood Home Loan P.O. Box 14796 Loma Station Long Beach, Ca 90814 21 290 014 Bartlett & Fournier 2634 San Antonio Dr Walnut Creek, Ca 94598 21 290 005 White Sun, Inc P.O. Box 1000 Rancho Mirago, Ca 92270 ` 21 333 006 Oscar J Yunkers 4054 Hickery Lane Chino, Ca 91720 �C'j / •, ly Milda P. Bennett & Henry B. & Mary Stottle Kenneth Barbier 4304 Babcock Ave. Apt. 101 73-860 Flagstone Lane Studio City, CA 91604 Palm Desert, CA 92260 Rod P. Dean Erick T. & Terry Wahlberg c/o Ace Apprvd Appl & Mtn. Co 72-764 San Juan Dr. 14440 Hamlin St. Palm Desert, CA 92260 Van Nuys, CA 91401- Rod P. Dean James & Teofista Berkoben R & D Dev. Prop. 72-780 San Juan Dr. 14528 Archwood Palm Desert, CA 92260 Van Nuys, CA 91405 Michael W. & Barbara May Emmaline C. Cook 72-808 San Juan Dr. 38-480 Poppet Canyon Dr. Palm Desert, CA 92260 Palm Desert, CA 92260 Raymond & Juanita Norma Robert L & Mary MacDonald 72-820 San Juan Dr. 6245 Archibald Palm Desert, CA 92260 Alta Loma, CA 90701 Joyce C. Steele Louise K. Allen & 39-740 Kirkwood Ct. Emmaline C. Cook Rancho Mirage, CA 92270 72-855 Mimosa Dr. Palm Desert, CA 92260 Terry N. Nicholson 72-860 San Juan Dr. Penelope Rigby Palm Desert, CA 92260 2200 Santa Monica Blvd. Santa Monica, CA 90400 PDS Co. Cleona Melchert Robert A. Sack 1770 Avalon Blvd. 13945 E. Summitt Carson, CA 90746 Whittier, CA 90602 Juanita Borzage & D & E Lyman J. Earney Jeanne Scott 348 N. Baranca 72-875 Park View Glendora, CA 91740 Palm Desert, CA 92260 Edward C. Shea Brokers Realty Investment 72-870 Mimosa Dr. & Lakewood Home Loan Palm Desert, CA 92260 P. 0. Box 14796 Loma Station Long Beach, CA 90814 Bartlett & Fournier 2634 San Antonio Dr. Walnut Creek, CA 94598 White Sun, Inc. P. 0. Box 1000 Rancho Mirage, CA 92270 Oscar J. Yunkers 4054 Hickery Lane Chino, CA 91720 C/Z 10-78 1 of 1 Sri.= 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 546-0611 tFU3. ur �ER'2L€ , i MEL 70 NOT Cleona Melchert 1770 Avalon Blvd Carson, CA 90746 1 — n1 75 �v;� _ 1� I 131617NI RETU?N TO SFj5pQ w W DELIVERABLE AS A^f)R�SSETPP u w UNABLE To FORWARn N ❑ Z C H UO w OO wV W ®$17.O' ®SP n::) rRx, nDM==yo¢, 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (7I4) 346-0611 Rod P. Dean c/o Ace Apprvd Appl 14440 Hamlin St. rw AS D ED�� in fN w 9wt CO u � a US & Mtn. Co. z W o o° 11OT DELIVERABLE W SAS ADDRESSED cc 111NARI FTDFDRWAI (Z$AZWP (:CD:ff IF)WM=M 45475 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 540-0611 1 W eA W ~ > W ?Qe�, Rod P. eanrvd Appl & Mtn. Co. c/o Ace pP Vj .- co a ; 5 14440 Ha tin St. W a "`i•4p Van Nuys, CA 91401 o cn 0 _. W (z9${Fiw' (M>R IFIS� w&. 46-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA92260 TELEPHONE (714) 346-0611 70 131611 I ReWRN 11) SeNDeR !-r" '.E AS .q SeD Cleona Melchert eFctti c.EUYE i'6LE TO 1770 Avalon Blvd. ;, Fz:.nor cn 1 Carson, CA 90746 I 45-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA 92260 TELEPHONE (714) 546-0611 O W rN � Robert L & Mary MacDonald s a L 6245 Archibald W C` z i Alta Loma, CA 90701 (? w z o Lu O IV Z U Y� W J. 45-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA92260 TELEPHONE (7I4) 346-0611 La > t� w a M J J Robert L & Mary MacDonald LI: 40. 6245 Archibald V C.D zo Alta Loma, CA 90701 o � z > W