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HomeMy WebLinkAboutGPA 88-2, CZ 88-2, PP 88-10 SW Fred Waring Dr and San Luis Dr CITY OF PALM DESERT DEPARTMENT OF COMMUNITY' DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council REQUEST: Consideration of an appeal of a planning commission decision denying a general plan amendment, zone change and precise plan of design to allow construction of a 21,450 square foot single story office project southwest of Fred Waring Drive and San Luis Drive. APPLICANT: RAY AND MARGARET LACERTE CHARLES MARTIN 72-880 Fred Waring Dr. #14 40-840 Thunderbird Rd. Palm Desert, CA 92260 Rancho Mirage, CA 92270 CASE NOS: GPA 88-2, C/Z 88-2, PP 88-10 DATE: February 9, 1989 I. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution/Ordinance No. D. Planning Commission Minutes involving January 3, and January 17, 1989 E. Planning Commission Resolution No. F. Planning Commission Staff Report dated January 3, 1989 G. Related maps and/or exhibits II. STAFF RECOMMENDATION: NDATION: Refer this matter back to the planning commission for new advertised hearings as a new plan has been presented by the applicant. III. DISCUSSION: The commission denied the subject request based on the project's lack of sensitivity towards the location, including the size of the project in relation to the surrounding single family residential neighborhood. The commission did, however, feel that an office use at this location would CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council REQUEST: Consideration of an appeal of a planning commission decision denying a general plan amendment, zone change and precise plan of design to allow construction of a 21,450 square foot single story office project southwest of Fred Waring Drive and San Luis Drive. APPLICANT: RAY AND MARGAREP LACERTE CHARLES MARTIN 72-880 Fred Waring Dr. #14 40-840 Thunderbird Rd. Palm Desert, CA 92260 Rancho Mirage, CA 92270 CASE NOS: GPA 88-2, C/Z 88-2, PP 88-10 DATE: February 9, 1989 I. CONTENTS: 0-;j4 A. Staff Recommendation B. Discussion C. Draft Resolution/Ordinance No. D. Planning Commission Minutes involving January 3, and January 17, 1989 E. Planning Commission Resolution No. F. Planning Commission Staff Report dated January 3, 1989 G. Related maps and/or exhibits II. STAFF RBOOMMENDATION: Refer this matter back to the planning commission for new advertised hearings as a new plan has been presented by the applicant. III. DISCUSSION: The commission denied the subject request based on the proj ect's lack of sensitivity towards the location, including the size of the project in relation to the surrounding single family residential neighborhood. The commission did, however, feel that an office use at this location would CITY COUNCIL STAFF REPORT CASE NO. GPA 88-2, C/Z 88-2, PP 88-10 FEBRUARY 9, 1989 be acceptable and welcomed the chance to review an amended plan. During the hearing, one person spoke in opposition to the project with her main concern being that San Luis Drive would remain open to through traffic rather than being closed. An alternative may be to approve a zone change so that demolition of the houses could camence. However, staff has concerns over this demolition without an approved plan. Prepared by , ?-4:/0 / !,..--- Reviewed and Approved by /fr tom- .. QOn`( � cITY 'ION: -(D COUNCIL p,C'. EENIE ,eAC �ZGge AES',1,NIti ems'1 -'�Zg1K' r Original ell 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 3, 1989 CASE NO: GPA 88-2, C/Z 88-2, PP 88-10 AMENDMENT 1 REQUEST: Approval of a general plan amendment hum open space and low density residential to office professional, a zone change fiun single family residential to office professional, a precise plan to allow construction of a 21,450 square foot professional office building and negative declaration of environmental impact located southwest of San Luis Drive and Fred Waring Drive. APPLICANT: RAY AND MARGARET LACERTE CIHARLES MARTIN 72-880 Fred Waring Dr. , #14 40-840 Thunderbird Road Palm Desert, CA 92260 Palm Desert, CA 92260 I. BAQID: A. SITE DESCRIPTION The site is comprised of six parcels. Five of the parcels face onto San Luis Drive, with the easternmost parcel being vacant and the other four parcels having houses constructed on them. The fifth parcel is vacant and is 44.5 feet long ranging hum 29 to 45 feet in width . This last parcel resulted fiun excess right-of-way fLuu the Fred Waring Drive widening. The property is now under a single owner who is the applicant. B. ZONING AND GENERAL PLAN DESIGNATION The entire site is currently zoned R-1, while the Palma Village Specific Plan identified the excess Fred Waring right-of-way as green-belt and the existing homes R-1. C. ADJACENT ZONING/LAND USE North: R-1, 0.P./Church and Office Complex South: R-1/Single Family Homes and Vacant Lot East: R-1/Single Family Homes West: R-1, O.P./Office and Single Family Homes S PLANNING cammisSION STAFF REPORT CASE NO. GPA 88-2, C/Z 88-2, PP 88-10 AMENUIENT 1 JANU ARY 3, 1989 II. DISCUSSION: A similar project was presented to the city last summer by a trust consisting of three separate owners of five lots. The commission denied the request by a 5-0 vote based on the lack of greenbelt and the long length of the building facing the residential area. The applicant then appealed to the city council who tabled the request instructing the applicant to re-think his plans. The present applicant now represents all of the original five lots plus a sixth lot located south of the original project and contiguous to it along the west side of San Luis Drive. The previous project consisted of a 14,600 square foot building on Fred Waring Drive with parking behind on San Luis Drive. The present application is for a 21,450 square foot building with the parking in front along Fred Waring Drive. The present applicant recently constructed the office project across Fred Waring Drive between Fairhaven and Acacia. Besides the increase in size there are two main differences between the old submittal and the present application. The first is the flip-flop of the building and parking lot. This mitigated two Berns previously raised which were: 1) The noise of the parking lot being in close proximity to the hones in the area, and 2) The tendency of people to park along Fred Waring Drive since it might be the closest parking to the entrances and add to traffic congestion in the area. The second major difference amongst the application is that the old project had parking lot access onto San Luis Drive which concerned resident in the area, while the present proposal has two driveways onto Fred Waring Drive. It is the city's policy to limit access to major roads such as Fred Waring Drive, but in this instance it worked to the disadvantage of the residents to have the parking lot exit on San Luis Drive. A major, previous, concern of the commission was the length and monotony of the building facing San Luis Drive (now 440 feet). The applicant has address this concern by reducing the building height fruit 18 feet to 15 feet and including a 6 foot berm along the north side of the structure. An ordinance section was written for these situations that the commission may use. The section states that the commission may require the setback to vary to avoid monotony. In this case, the required setback is 15 feet from property line or 27 feet from curb face. The section states that the 15 feet can be an average with 12 feet as a minimum. Staff has included this as a condition of approval with the intention being to work around existing trees along San Luis Drive. 2 4111 PLANNING COMMISSION STAFF REPORT CASE NO. GPA 88-2, C/Z 88-2, PP 88-10 AMENDMENT 1 JAM ARY 3, 1989 Another condition of approval deals with the vacant lot to the south of the site. The proposal shows the required 20 foot setback with no access into this area. Rather than requiring a block wall along this property line, staff is requiring a scenic easement in favor of the vacant lot to eliminate an alley like situation when a home is constructed on this lot. III. FINDINGS FOR APPROVAL OF A PRECISE PLAN: A. PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values in the vicinity: Justification: The design of the use is attractive and will be compatible with other office and residential uses existing in the vicinity. 2. The precise plan will not unreasonably interfere with the use of or enjoyment of property in the vicinity of the occupants thereof for lawful purposes. Justification: The surrounding land in the vicinity is zoned for the same type of use as proposed and owners would not be deprived the use of their land due to the landscape buffer as called for in the specific plan. 3. The precise plan will not endanger the public peace, health, safety or general welfare. Justification: The precise plan complies with all code requirements and will not be detrimental to the public peace, health, safety or general welfare. B. GENERAL PLAN AMENDMENT 1. The proposed amendment is consistent with the intent of the office-professional disL ict. Discussion: The intent of the disLiict is to be compatible with residential zoning that is in the vicinity and provide a buffer to same. This 3 4111 • PLANNING CGT.IISSICN STAFF REPORT CASE NO. CPA 88-2, C/Z 88-2, PP 88-10 AMENI NfENP 1 JANUARY 3, 1989 is also consistent with the Palma Village Specific Plan, which designated the Fred Waring Drive frontage as O.P. but did not include this site due to reasons specified in the staff report. 2. The proposed amendment is canpatible with adjacent land uses. Discussion: The landscape buffer provides compatibility to the adjoining residential area, while the project carries on the office theme along Fred Waring and is adjacent to other office use rather than standing by itself. 3. There is a present need for more office professional land in the city. Discussion: The city is continuing to build into the activity center of the valley so this creates a need for more office space as does the nuvement of offices away fran El Paseo. This is evident by the new offices adjacent to the industrial area. The location also provides a more attractive use along the Fred Waring frontage rather than the unplanned rear of the existing single family hones. C. ZONE CHANGE 1. The proposed zone change is consistent with the general plan. Discussion: The zee change is consistent with the general plan amendment that is proposed. IV. ENVIRONMENTAL REVIEW: The Director of Catmunity Development has determined that the proposed project will not have an adverse impact on the environment and a negative declaration of environmental impact has been prepared. 4 • PLANNING C MISSICN ST__ REPORT CASE ND. GPA 88-2, C/Z 88-2, PP 88-10 AMENDMENT 1 JAN[ARY 3, 1989 V. RF70MT1TICN: Staff feels the proposed project is acceptable and reccrm1enas: A. Adoption of the findings. B. Adoption of Planning Commission Resolution No. , recommending to the city council approval of GPA 88-2, C/Z 88-2 and PP 88-10. VI. ATTACHMENTS: A. Draft Resolution B. Legal Notice Prepared by Reviewed and Approved by /fr 5 PI NG 41+IISSI11N RESOLUTIONNO. A RESOLUTION OF THE PLANNING CCNMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RE SIDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, ZONE CHANGE AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 21, 450 SQUARE FOOT OFFICE STRUCTURE AND DEMOLITION OF THREE EXISTING HOMES LOCATED AT THE SOUITHWEST CORNER OF SAN LUIS DRIVE AND FRED WARING DRIVE. CASE NO: GPA 88-2 AND C/Z 88-2, PP 88-10 AMENDMENT 1 WHEREAS, the Planning Commission of the Ci did on the 3rd day of Janu tY of Palm Desert, California, consider the request �, 1989 hold a duly noticed public hearing to project. ' RAY LACERTE for approval of the above mentioned WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89", in that the director of chi ty ment has determined that the project will not have a significant develthe environment and a negative declaration is herebyimpact on the recommended for certification. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested heard, said planning commission did find the following facts desiring ns to exit to justify their actions. 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use of or enjoyment of property in the vicinity by the occupants Pants thereof for lawful purposes. 3. The precise plan will not endanger the public or general welfare. peace, health, safety 4. The proposed amendment is consistent with the intent of the office-professional district. 5. The proposed amendment is compatible with adjacent land uses. 6. There is a present need for more office professional land in the city. 7. The proposed zone change is consistent with the general plan. PLANNING QMKISSICN RESOLLTTICN NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of January, 1989, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD ERWOOD, Chairman Ar1'hST: RAMON A. DIAZ, Secretary /fr 2 PLANNING QIM.fISSICN RESOLUPICN NO. CONDITIONS OF APPROVAL CASE NO. PP 88-10, C'A 88-2 AND C/Z 88-2 Department of C bmmunity Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of second reading before city council, or one year after first reading unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall fii5L obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Palm Desert Water & Service District Evidence of said permit of clearance fruit the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. All future occupants of the building shall comply with parking requirements of the ordinance and shall be limited to office professional uses. 6. Hares shall be demolished by permit prior to lot consolidations. 7. Final parcel map shall be recorded prior to second reading upon approval of zone change. 8. Precise plan contingent upon approval of zone change. 9. Recorded scenic easement shall be required along southerly property line with a 25 foot setback fran San Luis Drive. 3 PLANNING CCNMISSICN RESOLUTION NO. 10. Final building design to meet O.P. standards for parking, building height, setbacks, etc. , and include variation along San Luis Drive. 11. Seven foot wall shall be constructed along west property line, except where adjacent to landscape buffer, prior to second reading of zone change and shall be decorative. 12. Demolition permit shall first be obtained prior to demolition of existing homes. 13. Applicant to pay applicable art in public places and school fees. Deppm7brient of Public Works: The following should be considered conditions of approval for the above-referenced project: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to issuance of grading permit. 2. Storm drain construction shall be contingent upon a drainage study prepared be a civil engineer that is reviewed and approved by the Department of Public Works. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to issuance of grading permit. Such offsite improvements shall include, but not limited to, curb and gutter, asphalt paving and concrete sidewalk in an appropriate size and configuration. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 4 PLANNING COMMISSION RESOLUTION IAA. 7. Landscaping maintenance on Fred Waring Drive and San Luis Drive shall be provided by the property owners. 8. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility district's recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. 9. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Size, number and location of driveways to Public Works specifications with only two driveway approach(es) to be allowed to serve this property. 11. Complete parcel map shall be submitted, as required by ordinance, to the Director of Public Works for checking and approval and be recorded before issuance of any permits. 12. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the Department of Public Works. 13. A complete preliminary soils investigation, conducted by a Registered Soils Engineer, shall be submitted to and approved by the Department of Public Works prior to issuance of the grading permit. 14. Applicant shall secure reciprocal ingress and egress access easements from the owner of the lot westerly of the proposed project (APN 640-121-015). 15. Applicant shall redesign the westerly driveway in order to provide for a common driveway with the property to the west. City Fire Marshal: 1. Provide, or show there exists a water system capable of providing a potential fire flow of 3000 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 2. A fire flow of 3000 gpm for a 3 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 3. A combination of on-site and off-site Super hydrants (6" x 4" 2 x 2-1/2" x 2-1/2" ), will be required, located not less than 25' nor more than 150' 5 PLANNING CCMMIISSICN RESOLITPICN NO. from any portion of the building(s) as measured along approved vehicular travelways. The required fire flaw shall be available frnu any adjacent hydrant(s) in the system. 4. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. 5. Plans shall conform to fire hydrant types, locations and spacing, and the system shall meet the fire flaw requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company y with the following certification: I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " 6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. 7. Install a fire alarm (waterflaw) as required by the Uniform Building Code, 3803, for sprinkler system. 8. Install tamper alarm on supply valve for sprinkler systems. Must also ring water flow alarm. 9. Certain designated areas will be required to be maintained as fire lanes. 10. Install panic hardware and exit signs per Uniform Building Code, Chap. 33, and/or Uniform Fire Code. 11. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. 12. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). 13. Whenever access into private property is conl.Lvlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall 6 PLANNING COMMISSION RE oLum N NO. have a radio-conUulled over-ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12' , with a minimum vertical clearance of 13'6". 14. Occupancy separation will be required as per the Uniform Building Code, Sec. 503. 15. Provide suitable Fire Department turnaround area at end of parking lot. 16. Contact the Fire Department for a final inspection prior to occupancy. 17. All questions regarding the meaning of these conditions should be referred to the Fire Department Fire Protection/Inspection Staff. /fr 7 CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Phil Joy FROM: Brent Conley RE: 88-10 DATE: December 9, 1988 The Police Department is pleased to see a development which encourages parking within a development instead of on the street. The height of the berming should be reduced to allow viewing into the complex by both passing patrol vehicles and perspective customers. If you have any questions or comments, please feel free to contact me at ext. 8. f:. Brent Conley Crime Prevention Officer BC/rh • Palm ,,,veoert Wafer & serviced eCJii1ric1 44.500 PORTOLA AVENUE BOX 161 PALM DESERT, CALIFORNIA 92261 BOARD OF DIRECTORS: ROBERT C. H. LAWMAN, President Phone:(619)346.6338 R. CLAIR McDONOUGH SHARON K. EPPS CONNIE ATKINS, District Secretary December 13 , 1988 Mr. Phil Joy City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Re: Case No. PP88-10 Amendment Mesa Professional Building Fred Waring Drive at San Luis Drive Ray and Margaret Lacerte Dear Mr. Joy: We have reviewed the site plan for the above referenced project. We previously reviewed the original site plan and responded with our letter dated June 22 , 1988 , a copy of which is enclosed. Our conditions remain the same, however, we believe that it is very important that the developer or his engineer contact us so that the proper steps can be taken for water service for this project and any delays can be avoided. If you have any questions in regard to the above, please contact us . Very truly yours , 4342-.7 Sharon K. Epps SKE:RJM: sg • cc: Ray and Margaret Lacerte 72-800 Fred Waring Drive #14 Palm Desert, California 92260 Charles Martin 40840 Thunderbird Road Rancho Mirage, California 92270 Mainiero, Smith and Associates, Inc. • • ~ • , y4/ 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 • • INITIAL STUDY' ENVIROWENTAL CHECKLIST -4)-p S 8- (0 Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? • b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? ✓ d. The destruction, covering or modification of any unique geologic or physical features? (/ e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes In siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? — — g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration • of ambient air quality? _ b. The creation of objectionable odors? _Y c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- • rection of water movements, in either marine / or fresh waters? — s1/ b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface runoff? c. Alterations to the course or low of flood • waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? n. auctstantial r'ducti n 1n the mount of water otherwise available for public t . wati iplies? f --- i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? -17 b. Reduction of the numbers of any unique, rare — or endangered species of plants? J c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- went of existing species? d. Reduction in acreage of any agricultural crop? 5. Animmil Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? b. Reduction of the numbers of any unique, • rare or endangered species of animals? c. Introduction of new species of animals into / an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife habitat? 8. Noise. Will the proposal result in: a. Increases in existing noise levels? V b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned — land use of an area? 9. Natural Resources. Will the proposal result in: • a. Increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hA7ardous substances (including, but not limited to, oil, pesticides, chemicals or • radiation) in the event of an accident or upset conditions? _ _✓ b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, • distribution, density, or growth rate of the human • population of an area? 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? 13. Transportation/Circulation. Will the prow l result in: a. Generation of substantial additional vehicular movement? ✓ b. Effects on existing parking facilities, or demand for new parking? — c. Substantial Lrnpact upon existing ta"-- systems? d. Al lone to present patterns of circula • - tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? _ (✓ f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? C7 d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: V a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? t/ 18. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the �l obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? (/ — 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? • b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or • historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect / unique ethnic cultural values? v/ d. Will the proposal restrict existing religious or sacred uses within the potential impact area? ,y/ 21. Mandatory Findings of Significance. a. C le project have the potential to degrade t.o y„ality of the environment, substantially .reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal ccmaunity, re- duce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of -- California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 12 -12 -8g /tom Date Signature For V ti RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT. CALIFORNIA, •DENYING A REOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT. ZONE CHANGE AND PRECISE PLAN TO ALLOW DEMOLITION OF THREE EXISTING HOMES AND CONSTRUCTION OF A 21 .450 SQUARE FOOT OFFICE PROJECT LOCATED AT THE SOUTHWEST CORNER OF FRED WARING DRIVE AND SAN LUIS DRIVE. CASE NO: GPA 88-2, C/Z 88-2 AND PP 88-10 AMENDMENT WHEREAS. the Planning Commission of the City of Palm Desert, California, did on the 17th day of January, 1989 hold a duly noticed public hearing to consider the request by RAY LACERTE for the above mentioned project. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested person desiring to be heard, said commission did find the following facts and reasons to exist to justify their decision. 1 . The proposed amendment is not consistent with the intent of the district due to its relation with the surrounding residential area. 2. The plan will substantially depreciate property values in the area by replacing compatible uses with an incompatible structure due to the intensity and its size. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert. California. as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it hereby does deny the above described project based on the previous listed findings. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of January, 1989, by the following vote. to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD ERWOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary /fr r r 0. * Charles L. Martin January 11, 1989 (Architect) Mr. Ramon Diaz Director of Environmental Services and Assistant City Manager City of Palm Desert Palm Deset, California 92260 Re: Planning Commission action on Case: GPA 88-2, Ct.88-2, PP 88-10 Dear Mr. Diaz: On January 3, 1989, the Planning Commission rejected the above referenced applications. To our understanding it was due to the design of the building. We therefore request permission to speak to the Commission and to show new exhibits more in line with what the Commission was looking for. Please direct us as to whether we need to sign anything to speak or how do we know that we are on the agenda. Respectfully, Ch rles L. Martin, Architect for the applicants Ray and Margaret La Certe 40-840 Thunderbird Road Rancho Mirage, California 92270 (619) 346-4090