HomeMy WebLinkAboutPORTOLA AVENUE/SAN MARINO CIRCLE C/Z 06-78 1978;
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45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
August 28, 1978
Mr. Harold C. Kapp
74-006 Highway 111
Palm Desert, California 92260
Dear Mr. Kapp:
At its regular meeting of August 24, 1978, the Palm Desert City Council
did adopt Ordinance No. 190 on a 4-1 vote with Councilman Newbrander
voting NOE.
I am enclosing one certified copy of the aforementioned Ordinance for your
files. Please note that this Ordinance does not become effective for 30
days from the date of its adoption.
If you have any questions, please let me know.
Very truly yoyrs,
SHEILA R. GILLIGAN
CITY CLERK
/s
Enclosure (as noted)
r
ORDINANCE NO. 190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 107,
THE PALM DESERT ZONING MAP BY CHANGING THE ZONE
FROM R-1 and R-3 (4) to R-3 (9)•ON PROPERTY LOCATED
ON THE EAST SIDE OF PORTOLA BETWEEN SAN MARINO
CIRCLE AND ALESSANDRO STREET.
CASE NO. CZ 06-78
The City Council of the City of Palm Desert, California,
DOES HEREBY ORDAIN, as follows:
SECTION 1: That a portion of Ordinance 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 circu-
lated 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 29th day of Aug. , 1978, by the following vote, to wit:
AYES: Brush, McPherson, Wilson & Mullins
NOES: Newbrander
ABSENT: None
ABSTAIN: None
ATTEST:
LEDi' RD D. MUL INS, Mayor
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R-I to
R-3(9)
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R-3 (4) to
R-3 (9)
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STATE H I C
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Jill
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Mayor Mullins invited input in OPPOSITION to the zoning, and
none was offered. He declared the Public Hearing closed.
Councilman MCPher moved and Councilman Newbrander seconded to
waive further reading nd pa s Ordinance No. 189 to second reading,
approving a Chan f Zone fr m PR-5, S.P. and PR-5 to R-1-12,000 and
R-1-12,000 S. . Motion ri d unanimously with the members present.
C. OASE NO. eV'06-781 HAROLD KAPP, Applicant: Consideration of
Request for Ap oval of a Change of Zone from R-1 and R-3 (4)
o R-3 (9) on A roximately .25 Acres Located on the East Side
Portola Bet en San Marino Circle and Alessandro Street.
Mayor 63Lr17ins c1ared the Public Hearing open.
Mr. Williams presented the Staff Report stating that the
reason for the request was to provide the applicant with
the ability to apply for a Conditional Use Permit for a
parking lot. The City is acquiring additional right-of-way
or 14' of this property, which will have a drastic effect
on the width of the lot. In review of the CUP, the Planning
Commission did stipulate that the exit on San Marino must
be closed and properly landscaped to provide safety. The
Commission, by Resolution No. 380, did recommend Council
approval.for the change of zone requested.
Mayor Mullins invited input in FAVOR of the rezoning.
MR. HAL KAPP, 46-850 Amira, Palm Desert, stated that in
order for him to do this project and still give the 14'
dedication, he needed the change of zone.
Mayor Mullins invited input iri OPPOSITION to the rezoning.
MISS MAGGIE LEON, 74-046 Alessandro, Palm Desert, expressed
opposition inasmuch as her home was directly adjacent to
the proposed parking lot, and she felt it would create a
noise problem and nuisance problem. She stated that it was
a poor_ place for a parking lot and that it would create a
traffic problem.
Mayor Mullins declared the Public Hearing closed.
Councilman McPherson stated that because of the widening of
Portola and the fact that there is thus not much use available for
that lot but parking, he would move to waive further reading and pass
Ordinance No. 190 to second reading. Councilman Wilson seconded the
motion. The motion carried on a 3-1 vote, with Councilman Newbrander
voting NOE and Councilman Brush being absent.
D. CASE NO. GPA 02-78, CITY OF PALM DESERT, Applicant; Con-
sideration of a Proposed General Plan Amendment Which Would
Incorporate the Proposed Parks and Recreation Element Into
the Adopted Palm Desert General Plan.
Mayor Mullins declared the Public Hearing open.
Mr. Williams reviewed the Staff Report stating that the
nrimary tnnic of di.qcuGcinn dvrinv tha Park R. Rarrontinn
CITY OF PALM DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II. REQUEST:
Request for approval of a Change of Zone from R-1 and R-3 (4) to
R-3 (9) on approximately .25 acres located on the east side of
Portola between San Marino Circle and Alessandro Street.
III. CASE NO.: CZ 06-78; Harold Kapp, Applicant
IV. CONTENTS:
A. Staff Recommendation.
B. Draft Ordinance No.189
C. Review ofmajor issues discussed by the Planning Commission. (See
Planning Commission minutes for meeting of July 5, 1978).
D. Planning Commission Resolution No. 380.
E. Planning Commission Staff Report dated July 5, 1978.
F. Portion of Planning -Commission minutes dealing with the subject
request.
G. Related maps and/or exhibits.
A. STAFF RECOMMENDATION:
By waivinq further reading and passing to second reading Ordinance
No. 189, approve the Change of Zone from R-1 and R-3 (4) to
R-3 T9T or any other zone deemed appropriate. Justification is
based upon:
1. Planning Commission recommendation of approval of the proposed
Change of Zone as expressed in Planning Commission Resolution
No. 380.
2. The proposed Change of Zone meets the objectives of the adopted
Palm Desert General Plan.
3. The proposed Change of Zone will not adversely effect the health,
safety, or general welfare of the Community.
7
ORDINANCE NO. 189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 107,
THE PALM DESERT ZONING MAP BY CHANGING THE ZONE
FROM R-1 and R-3 (4) to R-3 (9) ON PROPERTY LOCATED
ON THE EAST SIDE OF PORTOLA BETWEEN SAN MARINO
CIRCLE AND ALESSANDRO STREET.
CASE NO. CZ 06-78
The City Council of the City of Palm Desert, California,
DOES HEREBY ORDAIN, as follows:
SECTION 1: That a portion of Ordinance 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 circu-
lated in the City of Palm besert, 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 27th day of July, 1978, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
AmmvaT.
EDWARD D. b1ULLINS, Mayor
�itiuttunvxxi ututu�
i
t
CITY OF P"LM DESERT
STAFF P,ErORT
To: Planning Commission
Report On: Change of Zone, Related Conditional Use Permit and Preliminary
Design Review
Case Nos.: C/Z 06-78, CUP 07-78 and 83C
Applicant: HAROLD KAPP
Date: July 5, 1978
I. REQUEST:
Request for approval of a Change of Zone from R-1 and R-3(4) to R-3
9,000 on approximately .24 acres on the east side of Portola, between
San Marino Circle and Alessandro Street and approval of a related
Conditional Use Permit and Preliminary Design Review to allow the
construction of a parking lot on said site.
II. STAFF RECOMMENDATION:
1) By Planning Commission Resolution No. M, recommend to the City
Council approval of. the proposed Change of Zone.
2) By Planning Commission Resolution No. 381, approve the Conditional
Use Permit and preliminary Design Review to allow the construction
of a parking lot.
Justification for the Change of Zone is based upon the following:
1. The proposed Change of Zone will result in a density and land use
compatible with adjacent densities and land use.
2. The proposed Change of Zone will not adversely effect the health,
safety or general welfare of the community.
3. The proposed Change of Zone does conform to the Palm Desert General
Plan.
Justification for approval of the Conditional Use Permit is based upon
the following:
I. The proposed use is a valid conditional use permitted within the
zoning district in which it is being sought.
2. The proposed use as amended by the conditions of approval will not
adversely effect the public health, safety, or general welfare or
be materially injurious to properties or improvements in the vicinity.
Case Nos. C/Z 06-73, CUP 07-73 and 83C
July 5, 1978 ?one ',vo
IV. DISCUSSION:
The applicant is proposing a Change of Zone to the R-3 9,000 zone in
order to accomodate a proposed parking lot on the site through the
Conditional Use Permit process. The proposed R-3 9,000 zoning desig-
nation would accomodate such a Conditional Use while at the same time
insure that future development on the site would not exceed the density
of existing adjacent development. The R-3 zoning designation is one
that is fairly common along Alessandro and ordinarily serves as a
buffer between the commercial along Highway III and the single-family
residential areas north of Alessandro. The proposed designation, R-3
9,000 would only permit 1 dwelling unit for each 9,000 sq. ft. of lot
area so that in the event a parking lot were not located on the site
only one dwelling unit per lot would be permitted under the zone.
With regard to the Conditional Use Permit requested, the Design Revievi
Board recommended that the Planning Commission deny the request for a
CUP for a parking lot. They believed the proposed entrance to the lot
off of Alessandro would be located too close to the intersection with
Portola in violation of City Standards. In addition, they believed
the required perimeter landscaping required around parking lots would be
located outside of the property line rather than within as is normally
required. The Staff believes that the proposed lot, containing only 16
spaces, would be too small to create a dangerous traffic situation at
the intersection. Furthermore, there is no other access alternative as
access off of Portola would be even more dangerous. With regard to the
perimeter landscaping requirement, it is true the proposed perimeter
landscaping would be beyond the property line in the future, but at the
time of the request said landscaping would be within the property line.
It is the City that is creating the unique situation by acquiring addi-
tional right-of-way in the future so that the applicant cannot be penalized
for something he has no control of. For these reasons, Staff is recom-
mending approval of the Change of Zone and the Conditional Use Permit and
preliminary Design Review subject to the recommended conditions of approval
which would amend the proposed project somewhat.
The only written communications Staff has received regarding the project
has been from a Beverly Hills Attorney who opposes the project. His con-
cerns are expressed in the attached letter.
P
Minutes
Palm Desert Planning Commission
July 5. 1978
VI. PUBLIC IfEARINGS (Cons.)
I. Case No. C/Z 03-78, CATHOLIC BISHOP OF SAN DIE•GO,
Applicant
Request for approval of a Change of Zone from R-1
9,000 (Single-family residential, minimum 9,000
sq. ft. lots) to R-2 (Single-family residential.
minimum 4,000 sq. ft. lot area/du) on approximately
7.9 acres located west of Deep Canyon Avenue, north
of 44th Avenue.
Mr. Williams reviewed the case and noted that Staff recommended
approval of the Change of Zone.
.•
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time. The applicant was
not present. Chairman Berkey asked if anyone wished to speak in FAVOR
or in OPPOSITION to the proposed Change of Zone. Being none, he de-
clared the Public Hearing closed and asked for the pleasure of the
Commission.
Commissioner Fleshman noted that the R-2 zone was not appro-
priate and that a PR-4 to PR-5 range would be better, also he would
like to see the Development Plan.
Commissioner Kelly stated that the applicant should be sent
the reasons for this case being denied as the zoning is not appropriate.
On a motion by Commissioner Fleshman, seconded by Commissioner
Snyder, the Commission denied the Change of Zone request by Planning
Commission Resolution No. 378; carried unanimously (5-0).
J. Case No. CUP 10-77(Amend) and 131AIF - PALM DESERT 210 Ltd.,
Applicant
Request for approval of an Amendment to an approved
Conditional Use Permit to provide for an additional
11 lots within an existing mobilehome subdivision
within the R-1I zone.
Air. Williams reviewed the case and noted the concerns of the
Design Review Board. There was some discussion about the size of the
fairways and the relationships to the greens and tees.
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time. The applicant was
not present. Chairman Berkey then asked if there was anyone wishing
to speak in FAVOR or in OPPOSITION to the proposed cases. Being none,
he declared the Public Hearing closed and asked for the pleasure of
the Commission.
On a motion by Commissioner Kryder, seconded by Commissioner
Minutes
Palm Desert Planning Commission
July 5, 1978 Pal-e Tv:elve
VI. PUBLIC HEARINGS (Cont.)
K. Case Nos. C/Z 06-78, CUP 07-78 and 83C (Cont.)
Mr. Williams reviewed the case and the conditions of the
CUP and Design Review Case. He also noted that on the change of
zone, the zone should be R-3(9) not R-3 9,000.
Commissioner Snyder asked how realistic the right-of-way
requirement on Portola was. Mr. Williams stated that the City is
commented to widening the road.
Chairman Berkey stated that the precedent should be set
now. Chairman Berkey then declared the Public Hearing open and
asked if the applicant would like to speak at this time.
HAROLD KAPP, 46-050 Amir, noted his agreement
the the Staff's recommendations, but asked about
Special Condition No. 6.
Chairman Berkey asked if there was anyone wishing to speak
in FAVOR of the project.
JOHN OUTCAULT, Architect for the project, noted
that the parcel involved was not suitable for
a building. He asked about the walls being re-
quired and noted that they would obsure the
line of sight -•.at that intersection. He also
objected to the undergrounding and noted that
it was unreasonable. It should be undergrounded
to the pole until the rest of the block under-
grounds. He also noted his objection to the wall
as required in Special Condition No. 8.
Commissioner Snyder stated that the undergrounding issue
was unreasonable. Chairman Berkey asked if the City Council would
handle this.
Chairman Berkey asked if there was anyone wishing to speak
in OPPOSITION to the proposal. Being none he declared the Public
Hearing closed and asked for the pleasure of the Commission.
Commissioner Fleshman noted his objection to the wall and
stated that 3 feet of mounding landscaped would be more appropriate.
Chairman Berkey noted that landscaping at the corner would be more
appropriate. Mr. Williams stated that the landscaping would have
to be done carefully. There was some discussion about the adjacent
lot being a parking lot under the Redevelopment Plan and whether
the existing buildings should be offered for dedication.
Commissioner Fleshman stated that there should be a good
landscaping screen from the R-1 adjacent zoning. He also suggested
that a Special Condition No. 10 be added stating that a portion of
the existing building in the right-of-way shall be under unrevocable
11
PLANNING CO'IMISSION 3ESOLi:TION ';0. ;SO
A RESOLUTION
OF THE
PLANNING CO'M '
OF THE
CITY OF PALM
DESERT.
CALIFORNIA, `.
ICNDING
APPROVAL TO
THE CITY
COUNCIL 01
NGE OF .'_ONE
ON PROPERTY
LOCATED
ON THE EAST ;IDL
OF POP.TOLA,
BETWEEN SAN
MARINO CIRCLE
AND Au.::SSANDRO
STPEE•T.
CASE NO. C/Z
06-78
WHEREAS, the Planning Commission of the City of Palm Desert.
California, did on the 5th day of July, 1978, hold a duly noticed
Public Hearing to consider an application filed by HAROLD KAPP for
approval of a Change of Zone from R-1 (Single-family Residential) and
R-3(4) (Multi -family Residential, min. 4,000 sq. ft. lot area/du) to
R-3(9) (Multi -family Residential, min. 9,000 sq. ft. lot area/du)
on approximately .24 acres located on the east side of Portola, between
San Marino Circle and Alessandro Street, and more particularly des-
cribed as:
APN 625-082-006
APN 625-082-007
WHEREAS, said application has complied with the requirements
of the "City of Palm Desert Environmental (duality Procedure Resolution
No. 78-32," in that the Director of Environmental Services has deter-
mined that this project will not have a significant adverse effect on
the environment and no further documentaion will be required; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Planning Commission did find the following facts and rea-
sons to exist to approve the Change of Zone request:
1. The proposed Change of Zone will result in a density and
land use compatible with adjacent densities and land use.
2. The proposed Change of Zone will not adversely effect the
health, safety or general welfare of the community.
3. The proposed Change of Zone does conform to the Palm
Desert General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and consti-
tute the findings of the Commission in this case;
2. That it does hereby recommend approval to the City Council
of a Change of Zone from R-1 and R-3(4) to R-3(9) as indicated on
Exhibit A, for reasons set out in this resolution.
PASSED, APPROVED, and ADOPTED at a special meeting of the Palm
Desert Planning Commission, held on this 5th day of July. 1978, by the
following vote, to wit:
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R-3 (4) to
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INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: CZ 06-78 DATE: June 13, 1978
No comment.
''EPARTMENT +?F FIRE ?°JTE TI N
IN COOPERATION :ll Ttl IHc
-ALIF-)RNIA CtVIiION OF z ORE,T:'(
DAViD'_- FLAKE
Ct)U^iTY =TREE VIAPC7N
June 13, 1978
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Re: Case No. CZ 06-78
Dear Mr. Williams,
We have no comments or conditions of approval for the subject change of zone.
David J. Ortegel
Fire Marshal
DJO:dt
a
PALM DESERT REDEYELOP!'E'!T AGENCY
TO: Leslie S. Pricer - Assistant to the Executive Director
FROw Dale Wilcox - Assistant Planner
SUBJECT: C Z 06-78 & CUP 07-78
DATE: June 14, 1978
An analysis of the proposed site plan with regards to the Preliminary Redevelopment
Plan of Palm Desert revealed the following findings.
1. The proposal is not in substantial conformance with the Preliminary
Redevelopment Plan.
2. Over utilization of commercial property is contemplated due to dis-
proportionate site - building ratio.
3. No provisions shown to screen incompatible land use of satellite park-
ing from adjacent residential use.
4. Northerly ingress/egress of satellite parking would direct additional
traffic onto San Marino Circle, a residential street.
5. Utilization of .25 acre for satellite parking would preclude a more
efficient utilization of land through combining adjacent lots.
6. Handicap parking spaces, due to location, could become non -useable.
i
RCz-F; �� j
Dale E. Wilcox
Assistant Planner
Palm Desert Redevelopment Agency
DEW: cl
R. W. RIDDELL
Eastern Dlwsion _ _ 0-'%:M
Ms[mbal,on Planning Supervisor
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Re: CZ 06-78
6
3700 CENTRAL AVENUE - RIVE.951DE. CAUFORNIA
?dading Address P. O. BOX 2200. P.I'/ERSI-�E. •C: LIFCRN.A 12506
June 14, 1978
Location of Nearest Gas Main:
Portola Street and in Alessandro St.
This letter is not to be interpreted as a ,ont•ractual commitment to
serve the proposed project; but only as ar, information service. ILs
intent is to notify you that the Soutlrer'n California Gas Company has
f.-cill,ties in the area where the above nam2d p'rUJect is proposed. Gas
service to the project could be provided from an existing main `,nEhout
any significant impact on the environment. The service would be in
accordance with the Ccmpan.v's policies and extension rules on file with
the California Public Utilities Commission t the time contractual
arrangements are made.
the availability of natural gas service, as set forth in this letter,
is based upon present conditions of gas supply and regulatory policies.
As a public utility, the Soutfrern California Gas Company is under the
jurisdiction of the California Public Utilities Commission. f;e can
also be affected by actions of ieUai-al rL-T lator^:! agencies. Sho!!td
these agencies take any action wM ca affects gas supply or the condition
under wiiich service is avvailabla, gas service will be provided in accordance
with revised Midii;lUris.
We have developed several programs which are available, upon request, to
provide assistanCr', in selecting the ,iiost effective applicat Ions of energy
conservaclon techniques for a particular project. If you desire further
inforhiation on any of our energy conservation programs, please contact
this office for assistance.
=I-
46-273 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA 92260 I
TELEPHONE (714) 346-0611
w
) .
Raymond S hneider
74704 e
Palm Deser California
92260
W
U JLZ 40
b C^
.AS ADDRESSED
DRRE-SSED
ovtL�
4VVM,L I,,r,res ire ue-�
i.
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
July loth, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3(9) on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert City Council to consider a request by Harold Kapp for
approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zones
to R-3(9) (Multi -family Residential, minimum 9,000 sq. ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Alessandro Street, more particularly
described as:
APN 625-082-006
117f%/7/I �-
R-I To R-3(9)
tA4'-R-3(4) To R-3,91
CZ 06-78
C -I,sP
C-I. sP
C- I
C C-I E
C -I
r�zT�
c-i
R-3 20,000 (3) p R 3 (3) FRI
.- N
STATE
C- I'S.P
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
REPORT OF PLANNING. COMMISSION ACTION
DATE July 6, 1978
APPLICANT Harold Ka
P. 0. Box 877
Palm Desert, CA 92260
CASE N .: 7C/06-78, UP 07-78 and 83C
The Planning Commission of the City of Palm Desert has considered your request
and taken the following action at its meeting of
July 5, 1978
CONTINUED
DENIED
C/Z 06-78 XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 380
CUP 07-78 & 83C XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. --an-
PLACED ON THE AGENDA OF THE CITY COUNCIL OF
FOR CONCURRENCE WITH THE PLANNING
COMMISSION DECISION,
C/Z 06-78 XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF
July 27, 1978 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 COMMISSSION
cc: Applicant
C.V.C.W.D.
File
Minutes
Palm Desert Planning Commission
July 5, 1978 Page Eleven
VI. PUBLIC HEARINGS (Cont.)
I. Case No. C/Z 03-78, CATHOLIC BISHOP OF SAN DIEGO,
Applicant
Request for approval of a Change of Zone from R-1
r 9,000 (Single-family residential, minimum 9,000
sq. ft. lots) to R-2 (Single-family residential,
minimum 4,000 sq. ft. lot area/du) on approximately
7.9 acres located west of Deep Canyon Avenue, north
of 44th Avenue.
Mr. Williams reviewed the case and noted that Staff recommended
approval of the Change of Zone.
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time. The applicant was
not present. Chairman Berkey asked if anyone wished to speak in FAVOR
or in OPPOSITION to the proposed Change of Zone. Being none, he de-
clared the Public Hearing closed and asked for the pleasure of the
Commission.
Commissioner Fleshman noted that the R-2 zone was not appro-
priate and that a PR-4 to PR-5 range would be better, also he would
like to see the Development Plan.
Commissioner Kelly stated that the applicant should be sent
the reasons for this case being denied as the zoning is not appropriate.
On a motion by Commissioner Fleshman, seconded by Commissioner
Snyder, the Commission denied the Change of Zone request by Planning
Commission Resolution No. 378; carried unanimously (5-0).
J. Case No. CUP 10-77(Amend) and 131MF - PALM DESERT 210 Ltd.,
Applicant
Request for approval of an Amendment to an approved
Conditional Use Permit to provide for an additional
11 lots within an existing mobilehome subdivision
within the R-M zone.
Mr. Williams reviewed the case and noted the concerns of the
Design Review Board. There was some discussion about the size of the
fairways and the relationships to the greens and tees.
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time. The applicant was
not present. Chairman Berkey then asked if there was anyone wishing
to speak in FAVOR or in OPPOSITION to the proposed cases. Being none,
he declared the Public Hearing closed and asked for the pleasure of
the Commission.
On a motion by Commissioner Kryder, seconded by Commissioner
Kelly, theCommissionapproved the cases by Planning Commission Resolu-
0
Minutes
Palm Desert Planning Commission
July 5, 1978 Page Twelve
VI. PUBLIC HEARINGS (Cont.)
K. Case Nos. C/Z 06-78, CUP 07-78 and 83C (Cont.)
Mr. Williams reviewed the case and the conditions of the
CUP and Design Review Case. He also noted that on the change of
zone, the zone should be R-3(9) not R-3 9,000.
Commissioner Snyder asked how realistic the right-of-way
requirement on Portola was. Mr. Williams stated that the City is
commented to widening the road.
Chairman Berkey stated that the precedent should be set
now. Chairman Berkey then declared the Public Hearing open and
asked if the applicant would like to speak at this time.
HAROLD KAPP, 46-050 Amir, noted his agreement
the the Staff's recommendations, but asked about
Special Condition No. 6.
Chairman Berkey asked if there was anyone wishing to speak
in FAVOR of the project.
JOHN OUTCAULT, Architect for the project, noted
that the parcel involved was not suitable for
a building. He asked about the walls being re-
quired and noted that they would obsure the
line of sight at that intersection. He also
objected to the undergrounding and noted that
it was unreasonable. It should be undergrounded
to the pole until the rest of the block under-
grounds. He also noted his objection to the wall
as required in Special Condition No. 8.
Commissioner Snyder stated that the undergrounding issue
was unreasonable. Chairman Berkey asked if the City Council would
handle this.
Chairman Berkey asked if there was anyone wishing to speak
in OPPOSITION to the proposal. Being none he declared the Public
Hearing closed and asked for the pleasure of the Commission.
Commissioner Fleshman noted his objection to the wall and
stated that 3 feet of mounding landscaped would be more appropriate.
Chairman Berkey noted that landscaping at the corner would be more
appropriate. Mr. Williams stated that the landscaping would have
to be done carefully. There was some discussion about the adjacent
lot being a parking lot under the Redevelopment Plan and whether
the existing buildings should be offered for dedication.
Commissioner Fleshman stated that there should be a good
landscaping screen from the R-1 adjacent zoning. He also suggested
that a Special Condition No. 10 be added stating that a portion of
the existing building in the right-of-way shall be under unrevocable
RECEIVED
JUL 1%197'
ENVIR9NMENTAL SERVICES
oil ITI�ILum�c�rPf�
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
July loth, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3(9) on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert City Council to consider a request by Harold Kapp for
approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zones
to R-3(9) (Multi -family Residential, minimum 9,000 sq. ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Alessandro Street, more particularly
described as:
APN 625-082-006
1
f -R,1 ro R-3(9J - -
1 M+-'R-3(9) To R-3(9)
C
Cz 06-78 _ S T A T E
C-I's P
C-11 sP
C- I C- I , S.P
I
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a"�zo;no(31 C- I s C- I P C- 1 ,-,. R-3
R, I
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R-3 20,000 (3) p R-3 (3) R-I
45.275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA 92260
TELEPHONE (714) 346-0611
George L. & Cahterine V.
Buehl
74022 San Marino Circle
Palm Desert, Ca. 92260
CESF
JUL I0 9�,
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1971
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45-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA 92260
TELEPHONE (714) 346-0611
July loth, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3(9) on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert City Council to consider a request by Harold Kapp for
approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zones
to R-3(9) (Multi -family Residential, minimum 9,000 sq. ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Alessandro Street, more particularly
described as:
APN 625-082-006
R-I To R-3M
To
C
CZ' 06-78 S T A T E
C- I , S. P— — --
C-I, sP
C-I C-I,S.P.
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C I F-I
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R-3 20,000 (3) Ph RR-3 (3) R-I
@$kw' ®:ap F� '¢,..
46-275 PRICKLY PEAR LANE, PALM DESERT, rAUFORNIA 92
TELEPHONE (T14) 346-0611
CESf
JUL t0 .
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S, W/y7ER
.UI_yp�,�AB(E,gs
I- .ADDRrev,
Dewey S. & Kathleen Holliday
74025 San rino Circle
Palm Dese , California
3
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is
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
July 10th, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3(9) on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert City Council to consider a request by Harold Kapp for
approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zones
to R-3(9) (Multi -family Residential, minimum 9,000 sq. ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Alessandro Street, more particularly
described as:
APN 625-082-006
71
I To R-3(%
TOR-3(9)
CZ 06-78
C-I,SP
LjzO-xc(3)
R-3 20,000 (3)
STATE_ I
192y
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
Benjamin F
Arthur I•
P•0. Box 9
Palm DeserG ,
0
92260
oEc
JUL 10 9.��
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2
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7
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M n
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
July 10th, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3(9) on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert City Council to consider a request by Harold Kapp for
approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zones
to R-3(9) (Multi -family Residential, minimum 9,000 sq. ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Alessandro Street, more particularly
described as:
APN 625-082-006
---P/ R-I io R-3;9I
a
CZ 06-78
C - 1 , 5
t_� 10:p M( _, �
R-3 20,000 (3)
STATE
C
PROOF OF PUBLICATION
(�115.5 C.C.P.)
STATE OF CALIFORNIAl 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:
7 / 13 -- ----- ---
I certify (or declare) under penalty or perjury that the
foregoing is true and correct.
Signature
Date--------- July- - - --— - -- 1-3------------ 197-$
at Palm Desert, California
This space is for the County Clerk's Filing Stamp
Proof of Publication of
City of Palm Desert
- - -- -- - --- -- - - _
No CZ 06-78
Paste clipping
of Notice
SECURELY
In This Space
LEGAL NOTICE i by Harold Kapp tor approval of a Change of Zont,g troll R 1
CITY OF PALM DESERT (Single-family R%-Onflal) and R-3(4) (Multi-famlly ReUddh
Request for approval of a Change of Zone from RA and R-3(d to tlal, minimum 4,08d' fq. ft./d.u.) zones to R-3(9) (Multi -family
R-3(9) on approximately .25 acres located an the east side of Residential, minimum 9,000 sq. ft./d.u.) Zone an opproximdfely
Portola between San Marino Circle and Alessandro Street 25 acres located on the east side of Portola Avenue between'5&n
Cose No. CZ 06 78 Marino Circle and Alessandro Street, more particularly de
NOTICE 15 HEREBY GIVEN that a public hearing will be scribed as:
held before the Palm Desert City Council to consider a request APN 625-082-006
C- I r
C-I
I'd 70�OC(3)
•s r.
d\ VA Y •df. ..
VR-1 ro
+—R3(4)TOR-3',"0
CZ 06-78
C-I,SP /
C~I _(
� Wes]
R-3 209000 (3) '-1 Ir l R-3 (3) JJR-I C
SAID public hearing will be held an Thursday, July 27th, 1978, and be heard.
of 7:00 p.m. in the Council Chambers in the Palm Desert City SHEILA R. GILLIGAN, City Clerk
Hall, d5-275 Prickly Pear Lane, Palm Desert California, at City of Palm Desert
which time and place, all interested persons are invited to attend
le
PLANNING COMMISSION RESOLUTION NO. 380
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A CHANGE OF ZONE
ON PROPERTY it7C D ON THE EAST SIDE OF PORTOLA,
BETWEEN S -INO CIRCLE AND ALESSANDRO STREET.
CASE NO. Z 06-78
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of July, 1978, hold a duly noticed
Public Hearing to consider an application filed by HAROLD KAPP for
approval of a Change of Zone from R-1 (Single-family Residential) and
R-3(4) (Multi -family Residential, min. 4,000 sq. ft. lot area/du) to
R-3(9) (Multi -family Residential, min. 9,000 sq. ft. lot area/du)
on approximately .24 acres located on the east side of Portola, between
San Marino Circle and Alessandro Street, and more particularly des-
cribed as:
APN 625-082-006
APN 625-082-007
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 this project will not have a significant adverse effect on
the environment and no further documentaion will be required; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Planning Commission did find the following facts and rea-
sons to exist to approve the Change of Zone request:
1. The proposed Change of Zone will result in a density and
land use compatible with adjacent densities and land use.
2. The proposed Change of Zone will not adversely effect the
health, safety or general welfare of the community.
3. The proposed Change of Zone does conform to the Palm
Desert General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and consti-
tute the findings of the Commission in this case;
2. That it does hereby recommend approval to the City Council
of a Change of Zone from R-1 and R-3(4) to R-3(9) as indicated on
Exhibit A, for reasons set out in this resolution.
PASSED, APPROVED, and ADOPTED at a special meeting of the Palm
Desert Planning Commission, held on this 5th day of July, 1978, by the
following vote, to wit:
AYFS- BERKF.Y. KELLY. KRYDER. SNYDER. FLESHMAN
PLANNING Col1nJISSi17IN
RESOT UTION :,0.
HIBIT A
1111111111111110
w Sn. MARINO
a 40 6
n
m
a 0
LLL
ALESSANDRO DR.
o:
O
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*"Jr
Minutes
Palm Desert Planning Commission
July 5, 1978 Page Eleven
VI. PUBLIC HEARINGS (Cont.)
I. Case No. C/Z 03-78, CATHOLIC BISHOP OF SAN DIEGO,
Applicant
Request for approval of a Change of Zone from R-1
9,000 (Single-family residential, minimum 9,000
sq. ft. lots) to R-2 (Single-family residential,
minimum 4,000 sq. ft. lot area/du) on approximately
7.9 acres located west of Deep Canyon Avenue, north
of 44th Avenue.
Mr. Williams reviewed the case and noted that Staff recommended
approval of the Change of Zone.
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time. The applicant was
not present. Chairman Berkey asked if anyone wished to speak in FAVOR
or in OPPOSITION to the proposed Change of Zone. Being none, he de-
clared the Public Hearing closed and asked for the pleasure of the
Commission.
Commissioner Fleshman noted that the R-2 zone was not appro-
priate and that a PR-4 to PR-5 range would be better, also he would
like to see the Development Plan.
Commissioner Kelly stated that the applicant should be sent
the reasons for this case being denied as the zoning is not appropriate.
On a motion by Commissioner Fleshman, seconded by Commissioner
Snyder, the Commission denied the Change of Zone request by Planning
Commission Resolution No. 378; carried unanimously (5-0).
J. Case No. CUP 10-77(Amend) and 131lF - PALM DESERT 210 Ltd.,
Applicant
Request for approval of an Amendment to an approved
Conditional Use Permit to provide for an additional
11 lots within an existing mobilehome subdivision
within the R-M zone.
Mr. Williams reviewed the case and noted the concerns of the
Design Review Board. There was some discussion about the size of the
fairways and the relationships to the greens and tees.
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time. The applicant was
not present. Chairman Berkey then asked if there was anyone wishing
to speak in FAVOR or in OPPOSITION to the proposed cases. Being none,
he declared the Public Hearing closed and asked for the pleasure of
the Commission.
On a motion by Commissioner Kryder, seconded by Commissioner
Kelly, the Commission approved the cases by Planning Commission Resolu-
Minutes
Palm Desert Planning Commission
July 5, 1978 Page Twelve
VI. PUBLIC HEARINGS (Cont.)
K. Case Nos. C/Z 06-78, CUP 07-78 and 83C (Cont.)
Mr. Williams reviewed the case and the conditions of the
CUP and Design Review Case. He also noted that on the change of
zone, the zone should be R-3(9) not R-3 9,000.
Commissioner Snyder asked how realistic the right-of-way
requirement on Portola was. Mr. Williams stated that the City is
commented to widening the road.
Chairman Berkey stated that the precedent should be set
now. Chairman Berkey then declared the Public Hearing open and
asked if the applicant would like to speak at this time.
HAROLD KAPP, 46-050 Amir, noted his agreement
the the Staff's recommendations, but asked about
Special Condition No. 6.
Chairman Berkey asked if there was anyone wishing to speak
in FAVOR of the project.
JOHN OUTCAULT, Architect for the project, noted
that the parcel involved was not suitable for
a building. He asked about the walls being re-
quired and noted that they would obsure the
line of sight at that intersection. He also
objected to the undergrounding and noted that
it was unreasonable. It should be undergrounded
to the pole until the rest of the block under-
grounds. He also noted his objection to the wall
as required in Special Condition No. 8.
Commissioner Snyder stated that the undergrounding issue
was unreasonable. Chairman Berkey asked if the City Council would
handle this.
Chairman Berkey asked if there was anyone wishing to speak
in OPPOSITION to the proposal. Being none he declared the Public
Hearing closed and asked for the pleasure of the Commission.
Commissioner Fleshman noted his objection to the wall and
stated that 3 feet of mounding landscaped would be more appropriate.
Chairman Berkey noted that landscaping at the corner would be more
appropriate. Mr. Williams stated that the landscaping would have
to be done carefully. There was some discussion about the adjacent
lot being a parking lot under the Redevelopment Plan and whether
the existing buildings should be offered for dedication.
Commissioner Fleshman stated that there should be a good
landscaping screen from the R-1 adjacent zoning. He also suggested
that a Special Condition No. 10 be added stating that a portion of
the existing building in the right-of-way shall be under unrevocable
CITY OF PALM DESERT
STAFF REPORT
To: Planning Commission
Report On: Change of Zone, Related Conditional Use Permit and Preliminary
Design Review
Case Nos.: C/Z 06-78, CUP 07-78 and 83C
Applicant: HAROLD KAPP
Date: July 5, 1978
I. REQUEST:
Request for approval of a Change of Zone from R-1 and R-3(4) to R-3
9,000 on approximately .24 acres on the east side of Portola, between
San Marino Circle and Alessandro Street and approval of a related
Conditional Use Permit and Preliminary Design Review to allow the
construction of a parking lot on said site.
II. STAFF RECOMMENDATION:
1) By Planning Commission Resolution No. M, recommend to the City
Council approval of the proposed Change of Zone.
2) By Planning Commission Resolution No. 381, approve the Conditional
Use Permit and preliminary Design Review to allow the construction
of a parking lot.
Justification for the Change of Zone is based upon the following:
1. The proposed Change of Zone will result in a density and land use
compatible with adjacent densities and land use.
2. The proposed Change of Zone will not adversely effect the health,
safety or general welfare of the community.
3. The proposed Change of Zone does conform to the Palm Desert General
Plan.
Justification for approval of the Conditional Use Permit is based upon
the following:
1. The proposed use is a valid conditional use permitted within the
zoning district in which it is being sought.
2. The proposed use as amended by the conditions of approval will not
adversely effect the public health, safety, or general welfare or
be materially injurious to properties or improvements in the vicinity.
Case Nos. C/Z 06-78, CUP 07-78 and 83C
July 5, 1978 Page Two
IV. DISCUSSION:
The applicant is proposing a Change of Zone to the R-3 9,000 zone in
order to accomodate a proposed parking lot on the site through the
Conditional Use Permit process. The proposed R-3 9,000 zoning desig-
nation would accomodate such a Conditional Use while at the same time
insure that future development on the site would not exceed the density
of existing adjacent development. The R-3 zoning designation is one
that is fairly common along Alessandro and ordinarily serves as a
buffer between the commercial along Highway Ill and the single-family
residential areas north of Alessandro. The proposed designation, R-3
9,000 would only permit 1 dwelling unit for each 9,000 sq. ft. of lot
area so that in the event a parking lot were not located on the site
only one dwelling unit per lot would be permitted under the zone.
With regard to the Conditional Use Permit requested, the Design Review
Board recommended that the Planning Commission deny the request for a
CUP for a parking lot. They believed the proposed entrance to the lot
off of Alessandro would be located too close to the intersection with
Portola in violation of City Standards. In addition, they believed
the required perimeter landscaping required around parking lots would be
located outside of the property line rather than within as is normally
required. The Staff believes that the proposed lot, containing only 16
spaces, would be too small to create a dangerous traffic situation at
the intersection. Furthermore, there is no other access alternative as
access off of Portola would be even more dangerous. With regard to the
perimeter landscaping requirement, it is true the proposed perimeter
landscaping would be beyond the property line in the future, but at the
time of the request said landscaping would be within the property line.
It is the City that is creating the unique situation by acquiring addi-
tional right-of-way in the future so that the applicant cannot be penalized
for something he has no control of. For these reasons, Staff is recom-
mending approval of the Change of Zone and the Conditional Use Permit and
preliminary Design Review subject to the recommended conditions of approval
which would amend the proposed project somewhat.
The only written communications Staff has received regarding the project
has been from a Beverly Hills Attorney who opposes the project. His con-
cerns are expressed in the attached letter.
PLANNING COMMIS' ON
RESOLUTION NO. )
E:iiiIBIT A
0
n
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W .S�n. MARIN—O
C 4'l'4O1 6OL
and I
J y
ALESSANDRO OR.
K
0
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COMMUNITY
PARK
DESERT STAR R
R-1 to
R-3(9)
R-3 (4) to
R-3 (9)
�IIIIIIIIII
6� A
PLANNING COMMISSION RESOLUTION NO. 380
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A CHANGE OF ZONE
ON PROPERTY LOCATED ON THE EAST SIDE OF PORTOLA,
BETWEEN SAN MARINO CIRCLE AND ALESSANDRO STREET.
CASE NO. C/Z 04-78
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of July, 1978, hold a duly noticed
Public Hearing to consider an application filed by HAROLD KAPP for
approval of a Change of Zone from R-1 (Single-family Residential) and
R-3(4) (Multi -family Residential, min. 4,000 sq. ft. lot area/du) to
R-3(9) (Multi -family Residential, min. 9,000 sq. ft. lot area/du)
on approximately .24 acres located on the east side of Portola, between
San Marino Circle and Alessandro Street, and more particularly des-
cribed as:
APN 625-082-006
APN 625-082-007
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 this project will not have a significant adverse effect on
the environment and no further documentaion will be required; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Planning Commission did find the following facts and rea-
sons to exist to approve the Change of Zone request:
1. The proposed Change of Zone will result in a density and
land use compatible with adjacent densities and land use.
2. The proposed Change of Zone will not adversely effect the
health, safety or general welfare of the community.
3. The proposed Change of Zone does conform to the Palm
Desert General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and consti-
tute the findings of the Commission in this case;
2. That it does hereby recommend approval to the City Council
of a Change of Zone from R-1 and R-3(4) to R-3(9) as indicated on
Exhibit A, for reasons set out in this resolution.
PASSED, APPROVED, and ADOPTED at a special meeting of the Palm
Desert Planning Commission, held on this 5th day of July, 1978, by the
following vote, to wit:
AYES: BERKEY, KELLY, KRYDER, SNYDER, FLESHMAN
PLANNING COMMISSION RESOLUTION NO. 381
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND APPROVING A CONDITIONAL USE PERMIT
AND PRELIMINARY DESIGN REVIEW TO ALLOW THE CON-
STRUCTION OF A COMMERCIAL PARKING LOT ON APPROXI-
MATELY .24 ACRES ON THE EAST SIDE OF PORTOLA, BE-
TWEEN SAN MARINO CIRCLE AND ALESSANDRO STREET.
CASE NOS. CUP 07-78 and 83C
WHEREAS, pursuant to the provisions of the Palm Desert Zoning
Ordinance, the Planning Commission of the City of Palm Desert, Cali-
fornia, did on July 5, 1978, hold a duly noticed Public Hearing to
consider an application from HAROLD KAPP for approval of a Conditional
Use Permit and Preliminary Design Review to allow the construction of
a commercial parking lot on approximately .24 acres on the east side
of Portola, between San Marino Circle and Alessandro Street within the
R-3 9,000 (Multi -family Residential 9,000 sq. ft. minimum lot area/du)
zone, more particularly described as:
APN 625-082-006
APN 625-082-007
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 determined
that the project will not have a significant adverse effect on the en-
vironment and the appeal period has expired; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons desiring
i to be heard, said Commission did find the following facts and reasons
to exist to justify the granting of said Conditional Use Permit:
1. The proposed use is a valid conditional use permitted within
the zoning district in which it is being sought.
2. The proposed use as amended by the conditions of approval
will not adversely effect the public health, safety, or
general welfare or be materially injurious to properties
or improvements in the vicinity.
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 these cases.
2. That approval of Conditional Use Permit CUP 07-78 and Pre-
liminary Design Review 83C is hereby granted to HAROLD KAPP for reasons
subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a special meeting of the Palm
Desert Planning Commission held on this 5th day of July, 1978, by the
fnllnwinv vnta to wit•
PLANNING COMMISSION
RESOLUTION NO. 381
CONDITIONS OF APPROVAL
CASE NOS. CUP 07-78 & 83C
Page Two
Standard Conditions:
1. The development of this project shall conform substantially to
all plans submitted in behalf of these cases and as revised ac-
cording to the Design Review Board process and/or Planning Com-
mission action. Any minor changes require approval by the Director
of Environmental Services. Any substantial change required approval
by the Planning Commission.
2. All requirements of any law, ordinance, or regulation of the State,
City, and any other applicable government entity shall be complied
with as a part of the development process.
3. This approval is applicable, subject to the development of this
project, commencing within one year from approval date and being
promptly completed.
4. Applicant shall comply with all of the requirements of the Palm
Desert Community Services District per the attached letter from
Mainiero, Smith and Assoc., Inc. dated June 22, 1978.
cial Conditions:
1. Traffic safety lighting shall be installed at the intersection of
Portola and Alessandro Drive.
2. Applicant shall dedicate 14 feet of right-of-way along Portola
Avenue to the City of Palm Desert.
3. Sidewalks shall be installed adjacent to the new building on the
Frontage Road and Alessandro Drive.
4. Applicant shall pay fees into the Palm Desert Planned Local Drain-
age Facilities Fund in an amount to be determined by the provisions
of Ordinance No. 175.
5. No access shall be permitted onto San Marino Circle.
6. Applicant shall participate in an undergrounding district at such
time as one is formed pursuant to the requirements of the Palm
Desert Municipal Code.
7. Sidewalks shall be provided in their ultimate location as approved
by the Director of Public Works along Portola and landscaping pro-
--"-' -- ---'- --'- �r
PLANNING COMMISSION
RESOLUTION NO. 381
Page Three
Proposed driveway off of Alessandro shall abut the east property
line of subject property.
Anvr L rmm
PLANNING COMMISSION
RESOLUTION NO. 381
Mainiero, Smith and Associates, Inc.
Civil & Environmental Engineering
Professional Plaza • Suite 3
2225 East Tahquitz-McCallum Way, Palm Springs, California 92262
Telephone (714) 327-8544
June 22, 1978
Mr. Paul Williams, Director of Environmental
Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, California 92260
Re: Case No. CUP 07-78
Conditional Use Permit
Harold Kapp
Dear Mr. Williams:
CZ-06-78
Change of Zone Request
We have reviewed the request for comments and
conditions of approval for the above referenced project.
On behalf of the Palm Desert Community Services District
we wish to make the following comments:
Page Four
The Palm Desert Community Services District
currently provides the existing buildings with
domestic water service. Additional water meters
will be required for the new buildings. The
installations will be made at the expense of
the developer.
We have measured the available fire flow at the
existing hydrant located on the northeast corner
of the intersection of Portola Avenue and
Alessandro Drive. adiacent to Lot 20, to be
3900 gallons per minute.
The existing fire hydrant located adjacent to
Lot 20 will have to be relocated at the developer's
expense. Any additional fire hydrants required
by the City Fire Marshal will be installed at the
developer's exnence
Mr. Paul Williams, Director of
Environmental Services
June 22, 1978
Page Two
4. Frontage fees may be imposed on Lots 1, 19,
and 20.
5. The developer must comply with all current
Palm Desert Community Services District
ordinances. Attention is directed to Ordinance
No. 13 which pertains to new development.
6. The developer and/or the developer's engineer
should contact the District for further details.
We are planning to attend the Development Committee
meeting on June 28, 1978. Also we request that a copy
of the conditions approval be set to us.
If you have any questions in regard to the above,
please do not hesitate to contact us.
CC: Mr. Stanley Sayles
Very truly yours,
MAINIERO, MITH AND ASSOCIATES, INC.
r
'r
� A Ci l C'M ILW
PALM DESERT REDEVELOPMENT AGENCY
TO: Leslie S. Pricer - Assistant to the Executive Director
FROM: Dale Wilcox - Assistant Planner
SUBJECT: C Z 06-78 & CUP 07-78
DATE: June 14, 1978
An analysis of the proposed site plan with regards to the Preliminary Redevelopment
Plan of Palm Desert revealed the following findings.
1. The proposal is not in substantial conformance with the Preliminary
Redevelopment Plan.
2. Over utilization of commercial property is contemplated due to dis-
proportionate site - building ratio.
3. No provisions shown to screen incompatible land use of satellite park-
ing from adjacent residential use.
4. Northerly ingress/egress of satellite parking would direct additional
traffic onto San Marino Circle, a residential street.
5. Utilization of .25 acre for satellite parking would preclude a more
efficient utilization of land through combining adjacent lots.
6. Handicap parking spaces, due to location, could become non -useable.
Assistant Planner
Palm Desert Redevelopment Agency
DEW:cl
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: CZ 06-78 DATE: June 13, 1978
No comment.
DEPARTMENT OF FIRE PROTECTION
IN COOPERATION WITH THE
CALIFORNIA DIVISION OF FORESTRY
DAVID L. FLAKE
COUNTY FIRE WARDEN P.O. 90x zae
Y10 WEST SAN JACIN TO STREET
'PERRIS, CALIFORNIA 92370
TELEPHONE (714) 657-3183
June 13, 1978
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Re: Case No. CZ 06-78
Dear Mr. Williams,
We have no comments or conditions of approval for the subject change of zone.
C,/,ti j k-, E P
David J. Ortegel
Fire Marshal
DJO:dt
R. W. RIDDELL
Eastern Division ENVIRONMENfAL F PALM DESERT SERVICES
CI� Distribution Planning0
Supervisor
!
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Re: CZ 06-78
SOUTHERN CALIFORNIA 9a �S COMPANY
3700 CENTRAL AVENUE • RIVERSIDE. CALIFORNIA
Mailing Address P. O. BOX YAO, RIVERSIDE, CALIFORNIA 9M
June 14, 1978
Location of Nearest Gas Main:
Portola Street and in Alessandro St.
This letter is not to be interpreted as a Qontractual commitment to
serve the proposed project; but only as an information service. Its
intent is to notify you that the Southern California Gas Company has
facilities in the area where the above named project is proposed. Gas
service to the project could be provided from an existing main without
any significant impart on the environment. The service would be in
accordance with the Company's policies and extension rules on file with
the California Public Utilities Commission at the time contractual
arrangements are made.
The availability of natural gas service, as set forth in this letter,
is based upon present conditions of gas supply and regulatory policies.
As a public utility, the Southern California Gas Company is under the
jurisdiction of the California Public Utilities Commission. We can
also be affected by actions of federal regulatory agencies. Should
these agencies take any action which -affects gas supply or the condition
under which service is available, gas service will be provided in accordance
with revised conditions.
We have developed several programs which are available, upon request, to
provide assistance in selecting the most effective applications of energy
conservation techniques for a particular project. If you desire further
information on any of our energy conservation programs, please contact
this office for assistance.
WALTER JITNER
ATTORNEY AT LAW
9505 WILSHIRE SCULEVARO
SEVERLY HILLS, CALIFORNIA 90212
(213) 650-5666
June 19, 1978
Mr. Paul A. Williams, Secretary
Palm Desert Planning Commission
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Re: Case CUP 07-78
Dear Mr. Williams:
I am in receipt of your notice of June 12, 1978 pertaining
to request for approval of a Conditional Use Permit to
construct a Commercial Parking Lot on approximately
acre on the east side of Portola, between San Marino
Circle and Allessandro Street.
I own Lot 18 on San Marino Circle which has a present
zoning of R-1. My lot will abut the property where the
proposed commercial parking lot will be constructed.
This is to inform you that because of a prior business
commitment I will be unable to attend the hearing
scheduled for Wednesday, July 5, 1978 at 7:00 p.m.
Further, this is to inform you that I vigorously
oppose the issuance of such a Conditional Use Permit.
The granting of such a permit would destroy the
residential character of the neighborhood and would
seriously effect the value of my property.
Please read my letter at the July 5th meeting so that
the commission has the benefit of my personal feelings.
If you have any questions, please do not hesitate to
contact me.
RECki Lj.
JUN 2 5 197u"
ENVIRONMENTAL SERVICES
CITY OF PALM DESERT
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: CUP 07-78 DATE: June 13, 1978
1. Traffic safety lighting shall be installed at the
intersection of Portola and Alessandro.
2. Right-of-way shall be dedicated where practical to
provide 14 feet of additional right-of-way on
Portola Avenue.
3. Sidewalk shall be installed adjacent to the new building
on the frontage road as well as Alessandro.
4. This development shall pay the required drainage and
park fees as prescribed by the City of Palm Desert
ordinances.
DEPARTMENT OF FIRE PROTECTION
IN COOPERATION WITH THE
CAL FORMA DIVISION OF FORESTRY
DAVID L. FLAKE
COUNTY FIRE WARDEN
June 13, 1978
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Re: Case No. CUP 07-78
Dear Mr. Williams,
P.O. BOX 248
210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA 92370
TELEPHONE (714) 657-3183
We have no comments or conditions of approval for the subject case.
David J. Ortegel
Fire Marshal
DJO:dt
j 1% L. +✓ SOUTHERN CALIFORNIA �S COMPANY
R s �°
R. W. RIDDELL 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA
Eastern Division gE{2V�CES
Distribution Planning SupeivENV1RUNMENI N- DES Mailing Address P. O. BOX 2200, RIVERSIDE, CALIFORNIA 02506
CRy of eNm June 14, 1978
Location of Nearest Gas Main:
Portola St. and in Alessandro St.
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Re: CUP 07-78
This letter is not to be interpreted as a contractual commitment to
serve the proposed project; but only as an information service. Its
intent is to notify you that the Southern California Gas Company has
facilities in the area where the above named project is proposed. Gas
service to the project could be provided from an existing main without
any significant impact on the environment. The service would be in
accordance with the Company's policies and extension rules on file with
the California Public Utilities Commission at the time contractual
arrangements are made.
The availability of natural gas service, as set forth in this letter,
is based upon present conditions of gas supply and regulatory policies.
As a public utility, the Southern California Gas Company is under the
jurisdiction of the California Public Utilities Commission. We can
also be affected by actions of federal regulatory agencies. Should
these agencies take any action which affects gas supply or the condition
under which service is available, gas service will be provided in accordance
with revised conditions.
We have developed several programs which are available, upon request, to
provide assistance in selecting the most effective applications of energy
conservation techniques for a particular project. If you desire further
information on any of our energy conservation programs, please contact
this office for assistance.
im
TO: Mr. Paul A. Williams, Director of Environmental Services
City of Palm Desert
FROM: Mike Murray, R.S., Supervising Sanitarian
Riverside County'Health Department - Desert District
DATE: June 15, 1978
SUBJECT: CUP 07-78
The Riverside County Health Department has no comments
at this time. However, prior to the issuance of any permits to
construct, we will require confirmation from Coachella Valley
County Water District that they will provide sewage disposal and
potable water.
MM:js
JUN P„ 157�
ENVIRONMENTAL SERVICES
CITY OF PALM DESERT
LOUNT�
ESTABLISHED IN 1918 AS A PUBLIC J...I,,..:Y
O�STRICT
COACHELLA VALLEY COUNTY WATER DISTRICT
POST OFFICE BOX 1058 ' COACHELLA, CALIFORNIA 92236 ' TELEPHONE (714) 398-2651
DIRECTORS OFFICERS
RAYMOND R. RUMMONDS, PRESIDENT LOWELL O. WEEKS, GENERAL MANAGER -CRIER ENGINEER
TELLIS CODEKAS, VICE PRESIDENT OLE J. NORDLAND, SECRETARY
C. 1. FROST
WELTER RWRIGHT. AUDITOR
WILLIAM B. GARDNEa June 2D, 1978 REDWINE AND SHERRILL, ATTORNEYS
SIEVE D. BUKTON
File: 0163.11
0421.1
0721.1
Dept. of Environmental Services
City of Palm Desert
P.O. Box 1977
Palm Desert, California 92260
Re: Conditional Use Case CUP 07-78
NW4, Sec. 21, T5S, R6E
Gentlemen:
This area is protected from stormwater flows by a system of channels
and dikes. This area may be considered safe from stormwater flows
except in rare instances.
The District will furnish sanitation service to said area in accordance
with the currently prevailing regulations of this District.
This area shall be annexed to Improvement District Nos. 54 and 80 of
the Coachella Valley County Water District for sanitation service.
Very truly yours,
Z�' Lowell 0. Weeks
G n€ eral Manager -Chief Engineer
SR:mb
cc: Riverside County Dept. of Public Health
46-209 Oasis Street
Indio, California 92201
Attention: Lloyd Rogers
Raillr/.w
JON 2'
ENC1Ty OF PALM DESERT
7
.i
PLANNING COMMISSION RESOLUTION NO. 380
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A CHANGE OF ZONE
ON PROPERTY ON THE EAST SIDE OF PORTOLA,
BETWEEN i*R3-N9 IRCLE AND ALESSANDRO STREET.
CASE . C Z 9-C-78
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of July, 1978, hold a duly noticed
Public Hearing to consider an application filed by HAROLD KAPP for
approval of a Change of Zone from R-1 (Single-family Residential) and
R-3(4) (Multi -family Residential, min. 4,000 sq. ft. lot area/du) to
R-3(9) (Multi -family Residential, min. 9,000 sq. ft. lot area/du)
on approximately .24 acres located on the east side of Portola, between
San Marino Circle and Alessandro Street, and more particularly des-
cribed as:
APN 625-082-006
APN 625-082-007
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 this project will not have a significant adverse effect on
the environment and no further documentaion will be required; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Planning Commission did find the following facts and rea-
sons to exist to approve the Change of Zone request:
1. The proposed Change of Zone will result in a density and
land use compatible with adjacent densities and land use.
2. The proposed Change of Zone will not adversely effect the
health, safety or general welfare of the community.
3. The proposed Change of Zone does conform to the Palm
Desert General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and consti-
tute the findings of the Commission in this case;
2. That it does hereby recommend approval to the City Council
of a Change of Zone from R-1 and R-3(4) to R-3(9) as indicated on
Exhibit A, for reasons set out in this resolution.
PASSED, APPROVED, and ADOPTED at a special meeting of the Palm
Desert Planning Commission, held on this 5th day of July, 1978, by the
following vote, to wit:
AYES: BERKEY. KELLY. KRYDER. SNYDER. FLESHMAN
45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260
TELEPHONE (714) 346-0611
July 10th, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3(9) on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert City Council to consider a request by Harold Kapp for
approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zones
to R-3(9) (Multi -family Residential, minimum 9,000 sq. ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Alessandro Street, more particularly
described as:
717�
APN
625-082-006
C .. --
7
e*-R�3(4)
R 3R-3(R)
CZ
)1-C
-(, sa
C I C-I
'�zo,x�c f31
c-i
R-3 20,000 (3)
Olo-78
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL
Case No.: CZ 06-78
Project: Change of Zone Request
Applicant:
HAROLD KAPP
Enclosed please find materials describing a project for which the
following is being requested:
Approval of a Change of Zone from R-3(4) and R-1 to
R-3, 9,000 on approximately .25 acres located on the
east side of Portola, between San Marino Circle and
Alessandro Street.
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._ June 21 , 1978, in order to be
discussed by the Land Division Committee at their meeting of ,i,mP 28th
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
CIRCULATION LIST FOR ALL CASES
Circulation of Tentative Maps, Parcel Maps, CUP's, GPA's, etc:
REVIEW COMMITTEE:
J/. Palm Desert Director of Environmental Services - Paul Williams
Palm Desert Director of Building & Safety - Jim Hill
alm Desert Director of Public Works - L. Clyde Beebe
�4 Palm Desert Fire Marshall - Bud Engel
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. Lloyd Rogers
Supervisor - Riverside County Health Department
County Administration Building, Room ""i,
46-209 Oasis Street
Indio, California 92201 (Phone: 347-8511, ext 287)
7. Lowell 0. Weeks
General Manager - Chief Engineer
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
P. 0. Box 203
Palm Desert, California 92260
(Phone: 345-2831)
(Phone: 328-8871)
(Phone: 346-8660)
12. Chuck Morris
i fanaral Tolonhnnn rmmnnnv
Circulation List for All Cases
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 III
PROOF OF PUBLra..aT10N
This space is for the County Clerk's Filing Stamp
(2015.5 C.C.P.)
STATE OF CALIFORNIAZ 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:
6/ 1 5 - ---- -- __ - -
I certify (or declare) under penalty or perjury that the
foregoing is true and correct.
Signature
Date---------- -dons --- 1`i----------- ----- , 1978--
at Palm Desert, California
Proof of Publication of
C;LVV--a€--Pa1at-D*ssr-t - -------------
Caul No. CZ 06-76
of Zone from R-1 and R-3W to
cry�ss located on the east side of
rcle and Alessandro Street
:z 0678
that a public hearing will be
ling Commission to consider a
mptely 25 acres located on theNea f side of PUf101a Avenue
between Son Morino Circle and Alessandro Street, more Particu
larly described as:
APN. 625-082-006
�CZ 06-7� 5rn..
'7+zomc ul C
G-� C-I,so
-i. 5c CI , P
C I
—
R
RI 3
R-3 20,000 (3) R R
SAID Public hearing will be held on Wednesday, July 5, 1978, at
7:00 P.m. In the Council Chambers in the Palm Desert City Nall,
15-275 Prickly Pear Lane, Palm Desert, California, Of which time
Intl Place, all interested Persons ore Invited to attend and be
peard.
AUL A. WILLIAMS, Secretary
Palm Desert Planning Commission
PDP 6/15tl
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
June 12, 1978
LEGAL NOTICE
CITY OF PALM DESERT
Request for approval of a Change of Zone from R-1
and R-3(4) to R-3 9,000 on approximately .25 acres
located on the east side of Portola between San
Marino Circle and Alessandro Street.
CASE NO. CZ 06-78
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert Planning Commission to consider a request by Harold Kapp
for approval of a Change of Zone from R-1 (Single-family Residential)
and R-3(4) (Multi -family Residential, minimum 4,000 sq. ft./d.u.) zone
to R-3 9,000 (Multi -family Residential, minimum 9,000 sq.ft./d.u.) zone
on approximately .25 acres located on the east side of Portola Avenue
between San Marino Circle and Allessandro Street, more particularly
described as:
APN 625-082-006
717n
— ----__ CZ 06-78
C-I,S.P
C-I, SP
C- I
C-I El
P C - I
STATE_
C- I , S.P
R-3
EIR FORM #1
CITY OF PALM DESERT
NEGATIVE DECLARATION
Case No.: C/Z 06-78 and CUP 07-78
Applicant • HAROLD KAPP
Box 877
Desert. CA 92260
Description of Project:
Change of Zone to permit the construction of a commercial
parking lot on approximately .25 acres on the east side
of Portola, between San Marino Circle and Alessandro Street.
Finding:
Project will not have a significant effect on the environ-
ment and no further environmental documentation will be
required.
Justification:
The project is compatible with existing densities and land
use elements of the General Plan for the City of Palm Desert
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:-2 with the Department of Environmental
Services located at 45-275 Prickly Pear Lane, Palm Desert, California. If no
appeal is filed within said time, this determination shall be final.
Date Filed with County Clerk
(within five days)
CHICAGO TITLE INSURANCE COMPANY
73710 EL PASEO, SUITE 4, PALM DESERT, CALIFORNIA 92260 (714) 346-5509
PALM DESERT
OFFICE
I, Linda A. Rakela , 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,
May 5, 1978 assessment roll 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.
(signed) �� (mil. //C}Cc��e/���,
date Vi« e / % 7X
Planning Commission Approved
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DEPARTMENT OF ENVIRONMENTAL
PLANNING DIVISION
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L QJrS&g ***CHANGE OF ZONE***
SERVICES
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REQUEST: (Describe specific/nature of approval requested)
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PROPERTY DESCRIPTION:
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ASSESSORIS PARCEL NO. AP!✓ 626 -- O&a- c2D.b
EXISTING ZONING _J5,
Property Owner Authorization THE UNDER SI .lED STATES THAT THEY ARE THE OWNER IS) OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR-
IZATION F R ME FILING OF THIS APPLICATION.
IF SIGNATURE
DATE
AGREEMENT ABSOLVING THE CITY OF PAL DESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS.
I DO BY MY SIGNATURE ON THIS AGREEMENT, ABSOLVE THE CITY OF PALM DESERT OF ALL
LIABILITIES REGARDING ANY DEED RES-
TRICTIONS THAT MAY BE APPLICABLE TO THE
PROPERTY DESCRIBED HEREIN.
G/Jr/ /S%00
SIGNATURE
GATE
Applicants Signature
(FOR STAFF USE ONLY) ENVIRONMENTAL STATUS
❑ MINISTERIAL ACT E.A. No.
❑ CATEGORICAL EXEMPTION
❑ NEGATIVE DECLARATION
❑ OTHER
G )� r 77
SIGNATURE I DAT
N
CASE No. C 7 06-72
REFERENCE CASE NO. C/J 9 07 %/j
Supporting Data:
1. Name of Applicant �d ro'e� C
2. This request is made for property described as: L t % 1% i'� Q 1y
(Exact legal description
3, Total area of site: u X D u
if more than 1 zone requested, give subtotal for each
4. Existing Zoning: I(j` I
describe here or attach map
5. Proposed Zoning: ?' 3' S 0 v J
describe here or attach map
6. Assessor's Parcel No.: �%
7. The property is located at Coy o y AW o r '-a 10 ►-A
street address
between and
street street
8. The present use of the property is V.J
9. General Plan Designation:
10. The applicant offers the following reasons to justify the request for a Change of Zone:
3ft*w,-w ) Vkr dr«;" )� ?✓t.1s. I !q Teed
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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 authority below:
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 this day of , 197
Submittal Requirements:
The applicant shall submit twelve (12) copies (1 colored) of an
accurate scale drawing of a site plan, floor, and elevations, showing
I
pertinent, the contours at intervals of not more than two (2) feet,
and all existing and proposed locations of streets, property lines,
uses, structures, driveways, pedestrian walks, off-street parking
facilities and landscaped areas. Any adjacent property affected by the
proposal should also be included.
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.
3. The applicant shall submit a completed Environmental Assessment form.
The applicant shall supply such additional information as the Director
of Environmental Services may require to determine whether the circum-
stances prescribed for the granting of a variance exist.
INSTRUCTION FOR OBTAINING
PROPERTY OWNERS NAMES
In order to expedite the processing of Changes of Zone, Variances, and
Conditional Use Permits, all applicants will furnish the Department of Environmental
Services with a list (in duplicate) of the property owners and their addresses for
all parcels within 300 feet of the application. Said list shall include the owner
of the property under consideration. These property owner names may be obtained in
one of the two following manners:
A. Contact a title company and request that they furnish you with
a list of names, for which there will probably be a charge.
B. You may obtain them yourselves in the following manner:
1. Secure from the County Assessor's Office parcel maps covering
your application and all lands within at least 300 feet.
2. Indicate the area of your request by a red outline on the
parcel maps.
3. Delineate, in red, all property within 300 feet of the area
of your request.
4. From the parcel map, make a list of book, page, block number,
and parcel number within the above 300 foot area.
5. Using the Visual Numerical Index File, which is to be found
in the Assessor's Office, place the name and address for each
parcel opposite the number described in No. 4 above.
6. Sign Affidavit attesting to name list.
7. Return this list with your application to the Department of
Environmental Services.
(Sampl.a Assessor Is Plapl
00-12
13
217
16
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15 14 11
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9 F,5T,6 �21
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6 12
5 13
4 14
14 17
13
18 19
SUBJECTr 122
PARCEL]
11 10 9 8 7
15 1 14 1 13
12
1"
20
s
6 \
21
10
NOTE:
THE SUBJECT PARCEL AND THE THREE HUNDRED FOOT PERIMETER LINE ARE
TO BE OUTLINED IN RED.
CHICAGO TITLE INSURANCE COMPANY
73710 EL PASEO, SUITE 4, PALM DESERT, CALIFORNIA 92260 (714) 346-5509
627-183-001
Serenus M. Williams
Betty T. Williams
44750 San Jacinto Ave.
Palm Desert
627-183-002
Mildred L. Mclaughlin V
44768 San Jacinto
Palm Desert
s"
627-183-003 & 627-183-004
Pauline Zakarian
44818 San Jacinto Avenue
Palm Desert
627-183-007 & 627-183-008
Sunshine Associates
73986 Hwy 111
Palm Desert
627-183-009
Marie K. Adams
11313 Dulcet
Northridge, CA. 91324
627-183-010
James V. Guthrie
Box 6352
San Diego, CA. 92106
V
& 627-184-015
627-183-011
Virginia B. Guthrie
Box 6357
San Diego, CA. 92106
William H. Jenkins (627-183-012)
Marshie M. Jenkins
45707 Deep Canyon
Palm Desert
627-183-013
Raymond Schneider
74704 Peppertree
Palm Desert, CA.
MT
PALM DESERT
OFFICE
CHICAGO TITLE INSURANCE COMPANY
73710 EL PASEO, SUITE 4, PALM DESERT, CALIFORNIA 92260 (714) 346-5509
625-081-001 ✓
Ben C. Montoya
Margaret R. Montoya
74011 San Marino Circle
Palm Desert
625-081-002
Dewey S. Holliday
Kathleen F. Holliday
74025 San Marino Circle
Palm Desert
625-081-003
Joseph A. McGee
Mary H. McGee
77041 San Marino Circle
Palm Desert
625-081-004 ✓
Benjamin F. Montoya
Arthur I Montoya
P. 0. Box 953
Palm Desert
625-081-005 ✓
George L. Buehl
Catherine V. Buehl
74022 San Marino Circle
Palm Desert
625-081-006
Roy F. King
Katherine V. King
1109 N. Palm Canyon Drive
Palm Springs
625-081-007
Melvin E. Johnson
914 S. Catalpa
Pittsburg, Kansas 66762
625-082-002 j
John C. Strom
75-410 Fairway Drive
Indian Wells, CA.
625-082-003 1
Raymond H. Enz Y
74047 San Marino Circle
625-082-004
Bernard W. Shean
Clara P. Shean
74039 San Marion Circle
Palm Desert
EO
PALM DESERT
OFFICE
625-082-005
Walt Jitner
9808 Wilshire Blvd
Beverly Hills, CA. 90212
625-082-006 & 625-082-007
Harold C. Kapp
Ella L. Kapp
74004 Hwy 111
Palm Desert
625-082-008 & 625-082-009
Catherine Valette
3802 W. 135th Street
Hawthorne, CA. 90250
625-082-010
Margaret A. Leon✓
P. 0. Box 245
Palm Desert
625-082-011
Glayds M. Swafford
74058 Alessandro Drive
Palm Desert, CA.
P. 0. Box 351
Palm Desert
625-084-001
Harold C. Kapp
Ella L. Kapp
Mary E. Allton
Margaret Duff
74004 Hwy 111
Palm Desert
625-084-002
Barbara Nelson
17034 Lassen
Northridge, CA. 91324
Palm Desert
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE )
CITY OF PALM DESERT )
CERTIFIED PROPERTY OWNERS' LIST
P.
AFFIDAVIT
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 exter_i.or-boundar_i.es.`�_ _
of the property described on the attached application.
I certify under penalty of perjury that the foregoing is true and
correct.
(signed)
(date) �?
NAME AND ADDRESSES OF PROPERTY OWNERS
FOR PUBLIC HEARING ON
CASE NO. JOB NO.
CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
PLANNING DIVISION
APPLICANTS' GUIDE TO PROCEDURES
FILING PROCEDURE: Prior
posal with the Planning
in conformance with the
subdivision ordinance, o
H. GENERAL INFORMATION:
to submittal the applicant shall discuss his pro -
staff to determine whether or not the proposal is
General Plan and to determine zoning ordinance,
r other requirements.
- A. Meetings: 1) City Council meetings are held on the second and fourth
Thursday of each month, at 7:00 PM in the Council Chambers in the City
Hall, 45-275.Prickly Pear Lane. 2) Planning Commission meetings are
held on Tuesday, nine (9) days prior to the first Council meeting of
the month, also at 7!00 PM in the Council Chambers and Wednesday, eight
(8) days prior to the second Council meeting of the month, at 1:00 PM
in the Council Chambers. 3) The Design Review Board convenes on Tues-
day, a week before the Planning Commission, at 5:30 PM in the Council
Chambers.
B. Public Hearing: Public hearings are held when the City considers re-
quests—for--a-change-of-zone,--variance; Contliti-onal`use perm it; -genera
plan amendment, etc. Legal notices for these hearings are published
in the Palm Desert Post at least ten (10) days prior to the hearing.
Public hearing items before the Palm Desert Redevelopment Agency are
published in the Desert Sun.
C. Appeals: Where the Zoning Ordinance provides for appeal to the City
Council or Planning Commission, the appeal shall be made within fifteen
(15) days of the date of the decision by filing an application of appeal
with the Director of Environmental Services.
D. Fees: All required fees are listed in the Fee Schedule, as approved by
the City Council.
E. Building Permits: Building permits are issued by the Department of
Building and Safety and are required before any new construction, re-
construction, plumbing, mechanical work is commenced.
Business License: Prior to engaging in an enterprise for profit, zoning
and building code clearance for the proposed use is required and a city
business license obtained. Application should be made to the Code En-
forcement Supervisor.
Private Deed Restrictions: Many parcels of land in the City of Palm
Desert are subject to private covenants, conditions, and deed restrictions
which may conflict with the requirements of the City Zoning Ordinance.
The applicant is responsible for resolving conflicts with deed restriction
requirements.
-2-
III. DESCRIPTION OF THE TYPES OF APPLICATIONS AND REQUIRED FEES:
ACTION REQUESTED
PLANNED DISTRICT -PD
DEVELOPMENT PLAN
(Planning Commission and Council
Action Required)
CONDITIONAL USE PERMIT -CUP
(Planning Commission Action Required)
ADJUSTMENT -ADJ
(Approval of Zoning Administrator
Required)
VARIANCE -VAR,
(Planned Commission Action Required)
CHANGE OF ZONE -C/Z
(Planning Commission and Council
Action Required
GENERAL INFORMATION
Provides detailed information on new
development in the Planned Residential
(PR), Planned Commercial (PC), or Plan-
ned Indistrial (PI) zones.
Application Fee: PR Zone with C/Z re-
quest 450 + 2 DU - $1,000 Max. No C/Z
request $325 + $2 DU - $1,000 Max; PC or
PI Zone with C/Z request $650 without
C/Z request $550.
Where certain uses may create potential
problems, the Palm Desert Municipal Code
provides that conditional use permits
shall be required "so that they may be
located properly with respect to the ob-
jectives of the zoning regulations."
Application Fee: A, RE, R-1, R-2, R-3,
C-1, SI, P & OS zones - one acre or less
$140, one acre plus $250 + $10/acre. D,
S, N, SP, H overlays - same unless base
district requires CUP + 50%.
The Palm Desert Municipal Code provides
for an adjustment to the terms of the
zoning ordinance to allow minor reductions
in yard setbacks or parking requirements.
Application Fee: $30
A variance from the terms of the zoning
ordinance may be obtained only when, be-
cause of special circumstances applicable
to the property, including size, shape,
or topography, the strict application of
the Ordinance deprives such property of
privileges enjoyed by other property in
the vicinity and under identical zoning
classification.
Application Fee: $50 residential lot;
of er.
A change of zone request may be initiated
by the owner or authorized agent of the
owner of property. All zoning designations
must be in conformance to the General Plan
or any specific plan for that area.
Application Fee: $325
-3-
ACTION REQUESTED
GENERAL INFORMATION
GENERAL PLAN AMENDMENT -GPA
REDEVELOPMENT PLAN AMENDMENT =RPA
SPECIFIC PLAN AMENDMENT -SPA
(Planning Commission and Council
Action Required. Redevelopment
Agency Action Required)
Amendments of these plans are processed in
conformance to State Law and the ordinances
and resolutions of the City of Palm Desert.
Application Fee: $500
TEMPORARY USE PERMIT -TUP To regulate temporary uses such as art sales,
Christmas tree sales, garage sales, subdivi-
(Approval of Zoning Administrator sion sales office, and model homes so that
Required) they will not be detrimental to surrounding
property.
Application Fee: $10
HOME OCCUPATION PERMIT -HOP To regulate the use of business activities
in residential neighborhoods.
(Approval of Zoning Administrator
Required) Application Fee: $0
CERTIFICATE OF USE -CRT A use certificate insures that each new or
expanded use of a structure or site complies
(Approval of Zoning Administrator with all applicable provisions of the Palm
Required) - -__ _--_r-- -Desert-Municipal—Code.-- -
Application Fee: $0
SIGN PERMIT -S Regulates the size, color, and location of
signs throughout the City. No sign may be
(Approval of Planning Disision erected without an approved sign permit.
Staff Required; Design Review
Board/Planning Commission Action Application Fee: Staff Review - $0-
Required for Large Signs - See (less than $100 in value)
ORB Process) $10-($100 - $500 in value)
ORB & PC Review $15
TIME EXTENSION
(Depending on use, may require ap-
proval of Zoning Administrator, Plan
ning Commission or City Council)
AMENDMENT OF DEVELOPMENT
PLAN, CUP, VARIANCE, PLOT
PLAN APPROVAL
(Aporovino body varies with nature
nF requost)
Where permits or approvals have been granted
for a specific time period, time extensions
may be granted by the appropriate agency or
body.
Application Fee: $50, if public hearing is
required.
Assures flexibility of the City's regulatory
process due to unforeseen problems.
Application Fee: $50, if public hearing is
required.
-4-
v
ACTION REQUESTED
GENERAL INFORMATION
ORB PROCESS
-SF
Review of landscaping, architecture, colors
-MF
and materials, and other zoning requirements
(Requires approval of Planning
-C
prior to submittal for a building permit.
Division staff or Design Review
Board and Planning Commission)
Application Fee: Single family $15
Other 1 $50
TENTATIVE PARCEL MAP
-PM
To regulate the subdivision of property
involving 4 or less parcels.
(Review by Planning Commission)
Application Fee: $50
FINAL PARCEL MAP
Final adoption of plans and performance
bonds on required subdivision improvements.
(Approved by City Council)
Application Fee: $100
TENTATIVE TRACT MAP
-TR
To regulate the subdivision of property
involving 5 or more parcels.
(Review by Planning Commission and
City Council)
Application Fee: $250 + $2.50 per lot
FINAL TRACT MAP
Final adoption of plans and performance
bonds on required subdivision improvements.
(Approved -by City Council)
- "—
Application Fee: $100 + $6.00 per lot
REVISED TENTATIVE MAP To provide for flexibility in the sub-
division process necessitated by unfore-
(Review by Dir. of Environmental seen circumstances.
Services, may be reviewed by
Planning Commission) Application Fee: $50 + $2.50 per add. lot
APPEALS - ALL TYPES -APL The Palm Desert Municipal Code establishes
the appeal process for various types of
(Appeal agency based upon nature projects to insure maximum consideration
of project) of individual applications. .
Application Fee: $50, if public hearing is
required
INITIAL STUDY OF ENVIRONMENTAL IMPACT
(Submit to Planning Division Staff)
The California Environmental Quality Act of
1970 requires an assessment of the impacts
of proposed projects which require a dis-
cretionary approval by the City.
Application Fee: $30
-5-
ACTION REQUESTED
GENERAL INFORMATION
EIR REVIEW
(Requires Planning Commission action,
may require City Council action)
OTHER
Detailed environmental analysis of pro-
posed impacts resulting from a project
which may have adverse environmental con-
sequences.
Application Fee: $$550
06-71