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HomeMy WebLinkAboutPORTOLA AVENUE/SAN MARINO CIRCLE C/Z 06-78 1978; I 1 D 4 � 1 < D r i I 1 I I a T m 0 0 D r r c 3 --i n c m Z L1 -n1 c A D r a A m r m y O 0 Z v A n 1 o z a r z A. A P_ 0 Z O y m m 0 a 0 0 Z P A D f D a O r � � w Z Z O w m m w m � v D T O C z x m v m n O a N c C r— m Lq O D m J 7� m O m �7 _ a 0 m r D —� T r _ w T ? n O °� � I a , Z o _ m y o . 9 O O D m f )Ci z i i r r �m P} ��o 0 r- rn CJ � O m N z 0 a = m Z c tR m U' 1 N m m rn m m m A o a off �nnm =)CD=cPnD"aO 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 } -y W Sn. MARINO a4zl so Q¢ `/3 it I gLESSANDRO OR,. 0 O a i 0E9F4r W h 44 R-I to R-3(9) I I R-3 (4) to R-3 (9) A4Z , . STATE H I C 7H, Jill E t 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: f 11=1111�811® w Sn. MARINO CIRCLI a-, 0 �'•t'A ill l TY SE4r STAR 90U�/� � ALESSANDRO CR. 0 0 1 / O a R-1 to R-3(9) R-3 (4) to R-3 (9) to I' I' i!lil i I ......ura�u�w ��1�IIu1111� �►1111f� ■� �Iilllll� /IMIIIAIIII: a1111111/ �IIUUnIt//UWIWIiIIi� �- ■ 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 -I a"�zo;no(31 C- I s C- I P C- 1 ,-,. R-3 R, I c-i 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�, Q ,4 1971 Nm 3 M r wft "I m N 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. _ -I C I F-I -1 P C- 1 J20,g0)3) R-3 �.:.. R`- I o-i 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 . �.y RETU)? S, W/y7ER .UI_yp�,�AB(E,gs I- .ADDRrev, Dewey S. & Kathleen Holliday 74025 San rino Circle Palm Dese , California 3 U z z 3 m M am 4c s■6 - 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.�� o197f 2 ^/ 7 Z L B•! y r )10 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 a WAY *"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 ,",10„""""' W .S�n. MARIN—O C 4'l'4O1 6OL and I J y ALESSANDRO OR. K 0 a I G 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 WAY I��ii0II����` M • • w to a w j ��ov�oaoao 7 - NE III 7 - NE III A�c!kllilj_EDL(9A�2 Uo Lr�t DEPARTMENT OF ENVIRONMENTAL PLANNING DIVISION RoL se mm) I e,✓ !-I, C L QJrS&g ***CHANGE OF ZONE*** SERVICES _T11 or 0 Ili REQUEST: (Describe specific/nature of approval requested) Irk ✓'c'j C C y.4 C (w� w..d r C t'� ✓ �' �di / �-7 PROPERTY DESCRIPTION: Lofi / I I V.4)4 ► a lw,W ✓' //A-4A . 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 ti✓t �' % I^ V r J a r +e k dI 6-1- S v P V i C i PWL— VIXyrJ,C;,A-, -r� IIdd; 41'w. -h 911,)J I'10. — 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 g2-1, 15 14 11 I I I 10 9 8 / - Itoo, 9 F,5T,6 �21 V 10 7 II 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