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Home My WebLink AboutA. PP 90-9, VAR 90-3 and GPA 90-1 Amendment 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISION STAFF REPORT REQUEST: Consideration of an amendment to the conditions of approval for a previously approved project (Precise Plan 90-9, Variance 90-3 and General Plan Amendment 90-1) to delete condition number 8 of Planning Commission Resolution No. 1450 requiring a 42 inch wide opening in the eastern wall to allow for pedestrian access from Catalina Way. SUBMITTED BY: Ryan Stendell Associate Planner APPLICANT: Consolidated Building Partnership, do Michael Homme PO Box 258 Palm Desert, CA 92261 CASE NO: PP 90-9, VAR 90-3 and GPA 90-1 Amendment#1 DATE: April 15, 2008 EXECUTIVE SUMMARY: Approval of this request will remove condition number 8 of Planning Commission Resolution No. 1450, which requires a 42 inch wide opening for pedestrian traffic at 44- 300 and 44-350 Monterey Avenue. II. BACKGROUND: A. 44-300—44-350 Monterey Ave. (PP 90-9, VAR 90-3 and GPA 90-1) In 1990 the Planning Commission and City Council approved a plan for two office buildings with a shared access from Monterey Avenue. The project was required to have two access points from the rear (east) of the project to Catalina Way. One access point was for secondary emergency access and the other was a 42 inch wide opening to allow for pedestrian traffic from Catalina to Monterey. Since the buildings were constructed, the applicant/owner Michael Homme has filed complaints with both the Palm Desert Police and the Planning Department regarding vandalism. The applicant has indicated that his building has been repeatedly "tagged" with spray paint, landscape lighting has been kicked over, and trash is often left behind from pedestrians coming through. B. Adjacent Zoning and Land Use: North: Office Professional/ Existing Office Buildings South: R-1, SO/Atria de Monterey Senior Living Facility East: R-2 Single Family Residential / Existing Residential West: Office Professional / Existing Office Buildings Staff Report PP 90-9, VAR 90-3, GPA 90-1 April 15, 2008 Page 2 of 2 III. PROJECT DESCRIPTION: The applicant would like to remove the condition requiring the 42 inch wide opening to the rear of his property. The opening allows the neighborhood quick access to Monterey which otherwise requires walking through the neighborhood to San Gorgonio or taking San Anselmo to Fred Waring. As indicated in the attached letter, the applicant has had ongoing problems with this access point and has filed numerous complaints with the Palm Desert Police Department. The applicant feels these openings are a liability issue and also a deterrent to his tenants as property maintenance has been a continuing problem. IV. ANALYSIS: Staff believes in this case that the applicant has a legitimate concern. Planning staff typically encourages walk-able projects and ideas that encourage a healthier lifestyle. However, in this case the applicant is in an area of many office buildings, most of which do not have pedestrian access. Staff is not aware of any surrounding buildings without access that share this vandalism issue. Staff has received two letters in support of closing the access from surrounding residents citing the decrease in vandalism and loitering on Catalina Way since the gates have been closed. No letters in opposition had been received at the time that this report was prepared. Staff recommends that the Planning Commission approve the request removing condition number 8 of Planning Commission Resolution No. 1450 removing the requirement for pedestrian access. V. ATTACHMENTS: A. Draft Amended Resolution B. Legal Notice C. Exhibits Submitted By: Department Head: Ryan Sten ell Lauri Aylaian Associate Planner Director, Community Development Approval: Homer roy ACM, Developme ervices G:\Planning\Ryan Stendell\Word Data\PP-90-9-PC_RPT-Amendment.DOC PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDEMENT TO PRECISE PLAN 90-9, VARIANCE 90-3 AND GENERAL PLAN AMENDMENT 90-1 TO DELETE CONDITION NUMBER 8 OF PLANNING COMMISSION RESOLUTION NO. 1450 REQUIRING A 42 INCH WIDE OPENING IN THE EASTERN WALL TO ALLOW FOR PEDESTRIAN ACCESS FROM CATALINA WAY (APN: 627-032-044 & 045). CASE NO PP 90-9, VAR 90-3, GPA 90-1 AMENDMENT#1: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15TH day of April, 2008, hold a duly noticed public hearing to consider the request by Consolidated Building Partnership do Michael Homme for approval of the above noted; and 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. 06-78, in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the said request: 1. That the elimination of the pedestrian access to Catalina Way will not unreasonably interfere with the use and enjoyment of properties in the vicinity or endanger public peace, health, safety or general welfare. Residents have pedestrian access via Fred Waring or San Gorgonio. 2. That the repeated reports of vandalism, loitering and traffic through the pedestrian access have created a negative impact to the neighborhood. 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 approval of PP 90-9, VAR 90-3 and GPA 90-1 Amendment #1 is hereby granted, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: David Tschopp, Chairperson ATTEST: Lauri Aylaian, Secretary Palm Desert Planning Commission G:\Planning\Ryan Stendell\Word Data\PP-90-9-PC_RES-Amendment.DOC 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO PP 90-9, VAR 90-3, GPA 90-1 AMENDMENT #1 Department of Community Development: 1. All conditions from the previously approved project PP 90-9, VAR 90-3 and GPA 90-1, Planning Commission Resolution No. 1450 shall still apply, with exception to condition number 8 which is hereby removed. G:\Planning\Ryan Stendell\Word Data\PP-90-9-PC_RES-Amendment.DOC 3 CITY Of HUM DESERT • 73-510 FRED WARING DRIVE i. �' . PALM DESERT,CALIFORNIA 92260-2578 i TEL:760 346-0611 • fit„`' ' FAX:760 341-7098 ;.:., •=.�•„=�-: ' in[o@palm-deserr.org CITY OF PALM DESERT PUBLIC NOTICE CASE NO. PP 90-9,VAR 90-3,GPA 90-1 Amendment#1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to Precise Plan 90-9, Variance 90-3 and General Plan Amendment 90-1 to remove condition number 8 of Planning Commission Resolution No. 1450 that requires a 42-inch wide opening in the eastern wall to allow for pedestrian access from Catalina Way. Subject property is located at 44-300 and 44-350 Monterey Ave(APN:627-032-044&045) City of Palm Desert Ma! ") ) to a +ff I I FRED WARING DR RED MARMOOR^"� ,— EIII. IIIII NTOSAY uEMEMuui Z-, t IUIu . . ,, , 7 • ._ IiUPi,9iiUUui'SAN HORASIVE L_Jimmilmuu ATALMIA NAY 111111111111111 III LI it--L t AOARUPE[ I _ I HAHN R 7�sf OY MDR $:. I y h i m c b lo "'SAN.O O.R t.N/O_MNY"NAM< .Y*^�"'"'"""'4 _; — 1 — iiiiiiiii MM. EE MF � 1MM � 1 W . �I..v. ,_ram :7 -70 ....oft.... N m m _I. SAID public hearing will be held on Tuesday, April 15, 2008, at 6:00 p.m. in the Council Chambers at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Palm Desert Planning Commission at,or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary April 4,2008 Palm Desert Planning Commission 11" 1 "Ta - M§ 1 f", Sys i4,sp't.m. ;.4 } iiimmmffi""", i -.` 4,4.'. a ':,;,,,,:':.!..;...,,,N,4,,,„',,,f, • 1 r. ____ s.• • 1 . ;, ? ,•• ! i I y"' ir, . iiii,i, ; Valii7:;;` OOP ::: *40.",:e lk" ; :"•';•.41 :, t",„:;',,•11.111,1t1frIt'; • ., 0.„:„..„..,„; .""„..,...",.:11111g A411 ' liMMOMMINOM. „ii- ''.;""' N 3).-:'$,.,,,J,11:-':.':',::-,,e,,,,,,..,:•*:!-/-', . tip N x�r ,'y �R M'' ... .., my -I PEDESTRIAN ACCESS ; , ::�: t4. 0CATALINA WAY . p ` al' , If ■ i ;,,,,,. [eF[r 'a^p..s V T 1 • .� . " Air , • . : 1""'"."' ^ . ; ,...,;;; ,,;!;:;,;;;;,:;,; ;,;,:,,,., ., H;sa. �( a yy R, „ „ '' March 24, 2008 City of Palm Desert Planning Department ** Hand Deliver** Re: 44-200,44-250,44-300, and 44-350 Monterey Ave We are the owner of the above referenced properties on Monterey Ave, Palm Desert. When the projects on these properties where originally approved there was a requirement for gates to be installed between the properties and the streets that adjoin the properties immediately to the east. We installed these gates. Over the years these openings became an ongoing problem. Kids loitered on the east side of the boundary wall and used these access points as an escape exit for avoiding the police. They came through these openings and destroyed all the ground lighting on our property.They tagged the exteriors of the buildings repeatedly. They shot out windows and lights. Our tenants had property stolen and cars vandalized. They became fearful of being in the parking lot after dark. The residential property owners on the east side of the gates called the City on several occasions complaining about tagging, trash being left by the gate opening, and kids hanging out late into the night hours. After years of trying to resolve this problem, we closed these openings to protect our buildings and our tenants from the problems,vandalism,and liabilities brought on by having these pass-through access points on our property. In order to properly resolve this situation we are, hereby, requesting the original conditions of approval creating these openings be amended eliminating the requirement for access gates to the surrounding residential area. Thank you for your consideration of this matter. Sincerely, Consolidated Building Partnership, LP P Box 258, Palm Desert, CA 92261 O. Michael Homme General Partner 760-578-1657 Dick& Eldona Crounse 73-110 Catalina Way Palm Desert, CA 92260 April 4, 2008 City of Palm Desert RECEIVED ATTN: PLANNING DEPT. 73-510 Fred Waring Drive -,'Y U 8 2008 Palm Desert, CA 92260 ;OMML'Nil'. 'ir. L0'\1 N'1 ,' '1 EST CITY OF PALM DESERT' To Whom It May Concern: We are writing today to give our support to the permanent closures that have been put in place at the end of our cul-de-sac on Catalina Way, (Homme Properties,44-200/44-250 &44-300/44-350 Monterey Ave., PD). We are so pleased that they are there as the foot traffic to and from the mall has pretty much stopped,thus helping to control the problems we have been having with tagging, theft and vandalism to our properties. Who knows, we may now be able to use our mailbox again! Again,we give our support to Mr. Homme and the permanent closures and will continue to support his efforts to keep Palm Desert a safe and clean city and know the City of Palm Desert will continue to support him and these closures as well. Sincerely, tck. ecicScn Dick and Eldona Crounse 111 Mrs Richard Crounse PO Box 2935 Palm Desert, CA 92261 City of Palm Desert April 7,2008 do Palm Desert Planning Commission 73-510 Fred Waring Drive IV Palm Desert,CA 92260 F D Ana 41,.2a18 RE: Case No. PP 90-9, VAR 90-3, GPA 90-1 Amendment#1 LO zTMENT CITY OF PALM DESERT To: Palm Desert Planning Commission I'm writing this letter on behalf of my parents, Francisco and Maria Luisa Lopez, who unfortunately for medical reasons cannot attend the public hearing on April 15. My name is Victoria Lopez and I can be reached at(760)880-1487 if you should have any questions. As permanent residents of Palm Desert for 33 years we believe strongly that only having Catalina Way accessible to pedestrians would create a larger problem. A few months ago we had graffiti on the wall at the end of Catalina and Monterey. We have also had juveniles walking through the street and loitering at the end of the street at all hours of the day and night. We are extremely concerned that this kind of activity may escalate into something worse,especially if Catalina Way would be the only street accessible to Monterey Avenue. We have always felt our neighborhood was a safe and quiet, we wouldn't like to see anything jeopardize that. Currently,Guadalupe is the only street accessible to pedestrians and since the gate on Catalina has been locked we have seen an immense decrease in the amount of foot traffic on our street.It has been an extremely positive outcome. We hope you will take into account our concern for keeping our neighborhood and street tranquil and safe. Thank you for your time. ""c53e7a, Best regards, t Francisco Martinez Lopez Maria Luisa Lopez 73-060 Catalina Way Palm Desert,CA 92260 PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriff's Department Larry D. Smith, Sheriff 73520 Fred Waring Drive Palm Desert,CA 92260 (760)836-1600 Fax(760)836-1616 August 9, 2002 RECEIVED AUG 12 2002 Mr. Steve Smith Planning Department De COMMUNITY DEVELOPMENT DEPARTMENT p CITY OF PALM DESERT City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 RE: Information on Police Department Activity at 44250, 44300, and 44350 Monterey Ave. Dear Mr. Smith, Regarding your request for information about the above listed addresses, I have researched our Data Warehouse system. This system documents the total number of calls for police service at the location, by address, within specified time parameters. I ran the request for the past year, from 08/01/01 to 08/01/02. This request would have covered all calls for service during each 24-hour period. The system shows the following details about the listed properties: 1. 44250 Monterey Avenue: There has been only one reported call for police service at this location, which was a case of vandalism. 2. 44300 Monterey Avenue: There have been ten calls for service at this address, eight were silent burglary alarms, one was for found property, and the other was an arrest warrant service. 3. 44350 Monterey Avenue: There have been five calls for service, three were for silent alarms, one was for harassing phone calls, and one was for vandalism. Based on this review, I can fmd no pattern of criminal activity that would warrant any special attention. The total of sixteen calls for service during the past 365 days is not representative of any serious concentration of criminal activity. Additionally, all the calls listed were either minor misdemeanors or non-criminal in nature. If you have any other questions or concerns, please feel free to call me and so we can discuss this further. Sincerely, • Jon J. Gaw, Deputy Sheriff, ID# 3095