HomeMy WebLinkAbout1104 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
NOVEMBER 4, 1976
7 PM - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
A specially scheduled meeting of the Palm Desert Planning Commission
was called to order by Chairman Wilson at 7:00 p.m. in the Council
••. Chambers of the Palm Desert City Hall .
II. PLEDGE - Commissioner Kelly
III. ROLL CALL:
Present: Commissioner KELLY
Commissioner MILLS
Commissioner VAN DE MARK
Chairman WILSON
Absent: Commissioner BERKEY
Also
Present: Paul A. Williams - Director of Environmental Services
Hunter Cook - City Engineer
Steve Fleshman - Associate Planner
IV. APPROVAL OF MINUTES
A. MINUTES of the meeting of October 19, 1976.
Mr. Fleshman asked that the following additions be made to the
above-mentioned minutes:
Page 2, 7th paragraph, add the following after the word "ac-
ceptable" :
provided that an acceptable design was presented.
Page 4, 8th paragraph, add "and access" after "area" in the
last line. Also, add the following sentence to the end of
the paragraph:
The Commission felt that perhaps some further analysis
is necessary to determine if the storage type use itself
would be within the intent and purpose of the zone.
Page 5, reword the ninth paragraph as follows:
Mr. Williams stated that staff would prepare another
report for the Commission on a way to distinguish
between institutional and family-type foster home
situations.
Page 6, add the following sentence under the Planning Com-
missioner's comments:
Chairman Wilson also felt that a dialogue between the
Commissioners and the Council discussing the various
items reviewed on the trip would be very beneficial
and should be considered as part of subsequent agendas.
A motion of Commissioner Van de Mark, seconded by Commissioner Kelly,
to approve the minutes of the October 19, 1976 meeting, as amended,
was unanimously carried.
November 4, 1976 Page One
B. MINUTES of the Special Meeting of November 1, 1976.
A motion of Commissioner Kelly, seconded by Commissioner Van de Mark,
to approve the above-mentioned minutes, as written, was unanimously
carried.
V. WRITTEN COMMUNICATIONS
None
VI. PUBLIC HEARINGS
Chairman Wilson explained that the Commission had met in a Study
Session prior to the meeting for the purpose of answering questions
concerning staff reports and that no decisions were made during the
Study Session.
Chairman Wilson then explained the Public Hearing procedures.
A. VARIANCE 04-76, CAROUSEL RESORT HOTEL, APPLICANT
Request for a Variance to allow an accessory use to a use
allowed by Conditional Use Permit in the R-3 Zone District.
More specifically, a Variance to allow a restaurant opera-
tion in the R-3 Zone District as an accessory use to an
existing hotel operation.
Mr. Williams reviewed the applicant's request with the Com-
mission and showed drawings depicting the proposed design,
floor plan, elevations, and plot plan. Mr. Williams then
reviewed the background of the proposed project which in-
cluded size, zoning, parking requirements, etc.
Mr. Williams explained to the Commission that in analyzing
the Zoning Ordinance, they would be confronted with a policy
decision that may preclude the ability of the existing hotel
to ever expand. He explained that this assumes that the Com-
mission agrees with the staff in the philosophy of not allow-
ing any density considerations for any property allocated to
other uses. In this instance, this means that if the area al-
located to the restaurant and related parking is subtracted
from the property and the remainder is multiplied by the maxi-
mum hotel unit density of the zone, which is 18 units; the
maximum additional units would be -0-. Mr. Williams further
explained that under this determination, the hotel may never
substantially expand and, therefore, recommended that the con-
ditions of approval require that all proposed parking lot im-
provements be permanent.
Mr. Williams also stated that the first determination the Com-
mission must decide was if this was an accessory use to an
existing facility and, if so, was there justification for a
Variance due to unique circumstances. He then stated that
staff felt the property was unique due to its existing shape
and location; therefore, staff was recommending approval of
Planning Commission Resolution No. 189, with the attached con-
ditions.
Mr. Williams then presented three telegrams to the Commission.
The telegrams were from owners of residential property adjacent
.. to the proposed project that were protesting the granting of
the Variance as being detrimental to the adjacent residences.
The telegrams were from Alfred C. Buxton, Frank H. Davis, and
Charlotte B. Duba.
Mr. Williams also presented a note from Miriam Carver (Sandpiper
31B) , which stated that she would consider it desirable to have
a fine restaurant nearby.
ni .. n 1o7c PAna Tian
Mr. Williams then stated that staff was suggesting some re-
visions to the Special Conditions as attached to the Resolu-
tion. These revisions are as follows:
Addition to Special Condition No. 4: including tie-in
paving.
Addition to Special Condition No. 5: including curb
returns at Pitahaya and transition paving to the sa-
tisfaction of the City Engineer.
Addition to Special Condition No. 7: and along the east
side of the Frontage Road, as determined by the City En-
gineer.
Being no questions of staff at this time, Chairman Wilson asked if
the applicant was present.
GEORGE RITTER, 73-899 Highway 111, Architect for the project,
spoke to the Commission on behalf of the applicant. Mr. Ritter
explained that they had tried to mitigate any problems regarding
the neighborhood. Mr. Ritter then spoke regarding any future
expansion of the hotel , stating that it was the applicant's in-
tention to possibly add additional units at a later date. Mr.
Ritter further stated that the applicant did not intend to de-
velop the Ocotillo side of the property.
Commissioner Berkey arrived at 7:23 p.m. Chairman Wilson welcomed
Commissioner Berkey. Commissioner Berkey apologized for being late
and proposed to abstain from the discussion on the Variance due to
the fact he had not been present for all of the testimony.
Mr. Ritter then explained that it was the applicant's intent to
request a Variance to put a restaurant into an existing building.
He explained that the existing structure had too much value to
be torn down; but also had too little value for a residence.
Mr. Ritter then stated that the east side of the Frontage Road
already had curb and gutter and tie-in paving. Further, Mr.
Ritter stated that the applicant was aware that the existing
sign would possibly not conform to the proposed Sign Ordinance;
but that he would like to wait and complete the signage program.
He stated that he assumed that if the applicant agreed to this
Condition (Special Condition No. 6) that the sign must be removed
immediately. He stated that the applicant would like to come back
on a separate variance application for signs. Mr. Ritter then
spoke regarding the existing walls at the location and stated
that the applicant did not feel that there was a need for a wall
on the Ocotillo side of the property.
There was a discussion among staff, the Commission, and the architect
regarding the walls, the curb and gutter requirements for the Frontage
Road, and the signage program.
Chairman Wilson then asked if anyone else was present who wished to
speak to the Commission in favor of the proposed project. Being no
one, he then asked if there was anyone present who wished to speak
in opposition to the proposed project. Being no one, Chairman Wilson
closed the Public Hearing and asked the Commission to take the matter
under consideration.
Chairman Wilson explained that the first issue was to determine if
this is an accessory use to the existing hotel. He then explained
that if the Commission decided that this was an accessory use; they
must then decide if unique circumstances existed to grant the Vari-
ance.
There was a discussion among the Commissioners regarding the ac-
cessory use determination with the consensus of the Commission
being that the proposed restaurant should be considered as an ac-
cessory use to the existing hotel .
November 4, 1976 Page Three
The Commission then discussed the traffic and parking problems re-
garding the proposed restaurant.
Commissioner Kelly felt that the traffic and parking problems would
be the same as the existing facility down the street.
Commissioner Mills stated he felt that unique circumstances did exist
and he would approve the granting of the Variance.
Commissioner Van de Mark felt that unusual circumstances did exist
here and she referred to the similar hotel and restaurant facility
which was located down the street. She stated that she felt it
would not be fair to the applicant to deprive him of the same privi-
w leges which the nearby property enjoyed. Therefore, she stated she
felt there were unusual circumstances present to warrant granting the
Variance.
Chairman Wilson then asked the Commission to look at the basic disa-
greements that had arisen. The first disagreement was regarding the
future development situation and the Commissioners agreed that it was
unfortunate, but that they supported the staff's recommendation that
future development should not be allowed.
Chairman Wilson then re-opened the Public Hearing to obtain additional
input from the applicant.
Mr. Ritter stated that land was a natural resource and should be
developed to its fullest use; but that the applicant would agree
to accept whatever conditions the Commission decided on.
Chairman Wilson then asked staff for a possible rewording on the
Condition regarding the signage program.
Mr. Williams gave the following rewording:
Special Condition No. 6: All existing signs shall not
remain and as a part of the development of the restau-
rant, the sign program shall be developed and approved
by the City and said sign program shall be implemented
as a part of the creation of the restaurant.
The Commission agreed with staff's rewording for Special Condition
No. 6.
Chairman Wilson then closed the Public Hearing.
Commissioner Van de Mark moved that the Planning Commission approve
Resolution No. 189, granting the Variance for the restaurant, with
the revised Condition of Approval No. 6 pertaining to the signage
program, and staff' s revisions to Special Conditions No. 4, No. 5,
and No. 7. Commissioner Mills seconded the motion.
Chairman Wilson asked if there was any further discussion.
Commissioner Kelly stated that she was still concerned with the
traffic and access problems in relation to the Scenic Highway.
Chairman Wilson then asked Mr. Williams if there had been any special
study made regarding the traffic congestion and the impacts of the
proposed project on Highway 74.
Mr. Williams stated that there had not been a study; but ex-
`mo
o
plained the value of the Frontage Road and stated there was
no indication that a special study was needed.
Chairman Wilson then asked for a vote on Commissioner Van de Mark's
motion. The motion carried with the following vote:
AYES: MILLS, VAN DE MARK, WILSON
NOES: KELLY
ABSTAIN: BERKEY
November 4, 1976 Page Four
B. C/Z 04-76, CITY OF PALM DESERT, APPLICANT
Planning Commission initiated proposal to re-zone 225 acres,
generally located north of 44th Avenue, between Monterey Ave-
nue and Portola Avenue, from 'S' (Study) to PR-1, S.P. (Plan-
ned Residential-one unit per acre, Scenic Preservation Over-
lay) , or other appropriate zones .
Mr. Williams presented the staff report which included a
background of the area and a discussion of the project
element. Mr. Williams explained that staff was aware that
the C.O.D. Specific Plan was still unfinished at this time
and that the development of the Plan was the original reason
%WV for designating the property Study District. He explained
that since the Zoning Ordinance provides that the Study Dis-
trict expires in 12 months, after its adoption, the City must
re-zone the property or it would automatically revert to the
zones in effect prior to its being re-zoned Study. He then
explained that automatic reversion at this time could permit
development which the staff believed would be in conflict
with the future C.O.D. Specific Plan. Further, to prevent
this occurrence, the staff was recommending adoption of a
zone which would cover the property during the interim peri-
od. Therefore, staff was recommending a PR-1, S.P. designa-
tion due to the fact that it would not create unrealistic
time constraints for the staff and could be modified any time
the Planning Commission desired to initiate a Change of Zone.
Mr. Williams then explained that two written comments had been
received on the proposed re-zoning for this parcel . The first
comment was from the Regents of the University of California
and Mr. Williams informed the Commission that staff had sent
a letter in response. Following staff's response, a telegram
was then received from Jack N. Schappell , Assistant Treasurer
of Real Estate, University of California, stating that the Re-
gents of the University of California opposed the re-zoning
and that the zoning of the Regent's property must be consistent
•► with the highest and best use.
Mr. Williams also presented a letter from the State Department
of Transportation regarding the re-zoning of this parcel . Mr.
Williams then stated that staff felt that the re-zoning to a
PR-1, S.P. designation was appropriate in that it does conform
to the Palm Desert General Plan and; therefore, staff was recom-
mending approval by Planning Commission Resolution.
Chairman Wilson then opened the Public Hearing and asked if there was
anyone present who wished to speak to the Commission in favor of the
proposed re-zoning.
JIM DALE, 71-973 San Jacinto, Rancho Mirage, spoke to the Com-
mission representing the owner of the property in question and
stated that the owner had not had appropriate time to respond
to this re-zoning.
Chairman Wilson asked if there was anyone present who wished to speak
to the Commission in opposition to the proposed re-zoning.
KEN CALKINS, 43-301 Portola, spoke to the Commission as the owner
of the property on the Portola side of the parcel . He questioned
the location of the University of California property.
Mr. Williams pointed out the location on the map.
Mr. Calkins then stated that he had no objections.
Chairman Wilson closed the Public Hearing.
November 4, 1976 Page Five
There was a discussion among the members of the Commission re-
garding the proposed re-zoning and the complications due to the
C.O.D. Specific Plan and the fact that it would be a minimum of
nine months before the Plan was completed.
Mr. Williams explained that there was a February deadline
for the proposed re-zoning and in order for it to go to the
City Council , the Commission would have to make a decision.
The general consensus of the Commission seemed to be that the mat-
ter should be continued to allow more time for additional public
input into the matter.
Commissioner Berkey moved that the Planning Commission continue
vow the matter of the re-zoning until the November 30, 1976 Planning
Commission meeting. Commissioner Mills seconded the motion.
Chairman Wilson reopened the Public Hearing so that the matter could
be continued.
Commissioner Kelly stated it was a shame that more people were not
present for additional input.
Chairman Wilson asked staff to make sure the continued Public Hearing
would have a proper amount of publicity.
The motion to continue the matter on C/Z 04-76, to the Planning Com-
mission meeting of November 30, 1976, was unanimously carried.
C. C/Z 05-76, CITY OF PALM DESERT, APPLICANT
Planning Commission initiated proposal to re-zone 9 acres,
generally located on the northeast corner of Deep Canyon
Road and Highway 111, from 'S' (Study) to C-1, S.P. (General
Commercial , Scenic Preservation Overlay) , or other appropriate
zones and to re-zone 6 acres at the northwest corner of the
Indian Wells City Limit Line and Highway 111 from 'S' (Study)
taw to PC(4) (Planned Commercial-Resort) , or other more appropriate
zones.
Mr. Williams presented the staff report to the Commission. Said
report included a description of the property and a discussion
of the issues regarding the proposed re-zoning.
Mr. Williams explained that the proposed re-zoning was in con-
formance with the General Plan and does meet the intent of the
existing Redevelopment Plan; therefore, staff was recommending
approval by Planning Commission Resolution.
Chairman Wilson opened the Public Hearing.
Being no one present who wished to speak to the Commission in favor
of the proposed re-zoning, Chairman Wilson asked if anyone was present
who wished to speak in opposition to the proposed re-zoning.
CHARLES WALKER, 44-615 San Onofre, spoke to the Commission and
objected to the proposed re-zoning as being too close to the
residential property in the area. He objected to the commercial
zoning.
BILL HOBBS, 72-707 Highway 111, spoke to the Commission and
stated that he felt the parcel was unique in that the City
had not yet established what the Redevelopment Agency was
going to do.
Chairman Wilson then closed the Public Hearing and asked the Com-
mission to take the matter under consideration.
There was a short discussion among the members of the Commission
during which they decided that the matter should be continued to
allow time for additional study of the matter.
November 4, 1976 Page Six
Commissioner Van de Mark moved that the matter be continued
to the Planning Commission meeting of November 30, 1976.
Chairman Wilson reopened the Public Hearing in order to allow
the continuance.
Commissioner Kelly stated strongly that she could not in any
way support commercial zoning across the street from single
family development.
Commissioner Mills seconded the motion; motion unanimously
carried.
Now D. C/Z 06-76, CITY OF PALM DESERT, APPLICANT
City Council initiated proposal to pre-zone approximately
121 acres of property, generally located west of Cook Street
and north of the Sun King Mobilehome Park, from County R-1-
12,000 to (UA) O.S. (Open Space) and (UA) S.I. , S.P. (Service
Industrial , Scenic Preservation) , or other more appropriate
zones in the City of Palm Desert.
Commissioner Berkey asked to be excused from the discussion on this
matter due to a possible conflict of interest; and he subsequently
left the Council Chambers.
Mr. Williams presented the staff report which included a com-
plete background of the area, including size, location, adja-
cent zoning, and General Plan conformance.
Mr. Williams then stated that staff recommended pre-zoning the
front 60 acres with a (UA) S.I. , S.P. designation. He also
stated that staff recommended pre-zoning the rear 60 acres
as (UA) O.S. Mr. Williams further explained that once annexa-
tion is completed on this property, the "UA" (Upon Annexation)
prefix will be removed. Finally, Mr. Williams stated that
staff recommended approval of the above pre-zoning and forwarding
,W of same to the City Council by Planning Commission Resolution No.
190.
Chairman Wilson opened the Public Hearing on C/Z 06-76 and asked if
there was anyone present who wished to speak to the Commission in
favor of the pre-zoning.
CHARLES GIBBS, 70-673 Oroville Circle, Rancho Mirage, spoke to
the Commission as the owner of the property in question. Mr.
Gibbs stated that he would be glad to answer any questions that
the Commission may have. He further stated that he had flown
over the area in question several times and that the blow sand
was diminishing. He then stated that he was definitely in agree-
ment with staff's proposal for pre-zoning.
Mr. Gibbs also stated that he would like to add that if the City
of Palm Desert were to enter a request for the westerly 60 acres
of the property, he would probably give it to the City.
Mr. Gibbs then spoke of his present and proposed plans for develop-
ment of the property.
Chairman Wilson asked if anyone was present who wished to speak to
the Commission in opposition to the proposed pre-zoning.
GEORGE MARZICOLA, 73-743 Highway 111, spoke to the Commission and
stated he wasn't sure whether he was in favor of or in opposition
to the pre-zoning. However, he was concerned with what type of
buffering or setback was proposed.
Mr. Williams explained that the S. I. zone does provide for set-
backs on all portions of the lots and provides for the widening
of roads, installation of walls, and landscaping. He further
explained that any development would have to meet the Conditional
Use Permit requirements. Mr. Williams also explained that once
the zoning was established, the Conditional Use Permit would have
to be approved through the Planning Commission.
November 4. 1976 Page Seven
Mr. Marzicola stated that, for the record, he would not object
to annexation or use of the property provided there would be
some specific zoning set for the property.
Chairman Wilson then closed the Public Hearing and asked the Com-
mission to take the matter under consideration.
Commissioner Kelly stated that through the public input that had been
received and from the staff report, she could see no problem with the
pre-zoning as proposed by staff.
Commissioner Mills agreed with Commissioner Kelly, stating that there
should be no problems and that he was in favor of the pre-zoning.
Chairman Wilson stated that with the Scenic Preservation Overlay and
the assumption that it was in conformance with the General Plan, he
would have no objections to the pre-zoning.
Commissioner Kelly moved to adopt Planning Commission Resolution No.
190, approving the pre-zoning and forwarding it to the City Council
for approval . Commissioner Van de Mark seconded the motion. The
motion carried with the following vote:
AYES: KELLY, MILLS, VAN DE MARK, WILSON
NOES: NONE
ABSTAIN: BERKEY
E. CUP 02-76, TRANSYLVANIA RESTAURANT, APPLICANT
Request to amend CUP 02-76 to allow an addition of 630 square
feet of floor area and a cocktail lounge to an existing res-
taurant facility, located at the Palms-to-Pines Shopping Center.
Mr. Williams presented the staff report, which included a back-
ground of the project and the following justifications for Plan-
ning Commission approval of same:
1. The addition to the restaurant would complement the
existing retail shops and existing restaurant and would
provide for more adequate and complete dining facilities.
2. The proposed addition would not be detrimental to other
neighboring properties.
Mr. Williams also stated that there had been no complaints re-
ceived regarding the project, other than that the sign out front
of the restaurant needed some modification.
There was a short discussion regarding the parking standards with Mr.
Williams assuring the Commission that the addition would be in con-
formance with the parking requirements of the Zoning Ordinance.
Chairman Wilson asked if the applicant was present.
MARIA C. PALEAN, 73-200 E1 Paseo, spoke to the Commission and
stated she was in agreement with the Conditions of Approval
as recommended by staff.
Chairman Wilson asked if anyone was present wishing to speak in favor
of the project. Being no one, he then asked if anyone was present
wishing to speak in opposition to the project. Being no one, Chair-
man Wilson closed the Public Hearing.
Commissioner Van de Mark moved to adopt Planning Commission Resolution
No. 191, subject to the attached conditions, approving the applicant's
request for an amendment to CUP 02-76. Commissioner Mills seconded
the motion; motion unanimously carried.
November 4. 1976 Paaa Fiaht
VII. OLD BUSINESS
None
VIII. NEW BUSINESS
None
IX. DESIGN REVIEW BOARD ITEMS
A. CASE NO. 17SA, WELLS FARGO BANK, APPLICANT
Review of a Design Review Board approval of a sign program for
the new Wells Fargo Bank, located at Portola Avenue and High-
way 111.
Mr. Fleshman presented the staff report which indicated that
the Design Review Board had approved the sign program for the
new Wells Fargo Bank, at their meeting of October 26, 1976.
Commissioner Mills asked if the new signs were single faced.
Mr. Fleshman answered that no, they were double faced.
Commissioner Mills then stated, for the record, that this would be
four signs as opposed to two since they were double faced.
Chairman Wilson stated that even though this was not a Public Hearing,
the Commission would take any testimony that was offered.
WALLACE KEANE, 9000 Flair Drive, E1 Monte, spoke as a represen-
tative of the bank, and stated that the bank had not planned
on re-vamping the landscaping as recommended by the Design Re-
view Board; that they wanted to keep the existing planting.
He further stated that he had no objections to any of the other
conditions of approval.
Mr. Fleshman explained that the Design Review Board felt that
upgrading the landscaping would soften the parking lot area
and provide for shade trees.
Commissioner Mills asked if the upgrading of the landscaping would
change the traffic flow pattern.
The applicant answered no.
There was a short discussion regarding the traffic and parking situa-
tion.
Hunter Cook, City Engineer, stated that he felt the parking
lot would function properly whether or not the trees were
there; but that it would be better off with the trees.
Commissioner Berkey moved to adopt Planning Commission Resolution
No. 192, approving the Design Review Board approval of the sign
program, with the attached conditions of approval. Commissioner
Kelly seconded the motion; motion unanimously carried.
X. ORAL COMMUNICATIONS
None
XI. COMMENTS
A. City Staff
None
B. City Attorney
None
NnvPmhPr 4. 1A76 Paoe Nine
C. Planning Commissioners
Commissioner Van de Mark stated that she needed some clarification
on the parking requirements.
Chairman Wilson explained that the parking requirements had been
adequately reviewed recently in the amendments to the Zoning Or-
dinance.
XII. ADJOURNMENT
Commissioner Van de Mark moved to adjourn the meeting. Commissioner
Mills seconded the motion and the meeting was adjourned at 9:22 p.m.
r,
PAUL A. WILLIA SECRETARY
ATTEST:
ROY WILS , CHAIRMAN
A M DESER PLANNING C MISSION
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November 4, 1976 Page Ten
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r STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION _
DISTRICT 8, P.O. BOX 231
SAN BERNARDINO, CALIFORNIA 92403
October 27, 1976 Project Review
08-Riv-111-38.6/39.6
Mr. Paul A. Williams
Director, Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane 11 I
Palm Desert, CA 92260
CCI 2919r
Dear Mr. Williams :
ENVIRONMENTAL SERVICES
Thank you for the opportunity to review 'M91Fg&AL0PEtWe request,
Case No. C/Z 04-76 (from 'S ' Study to PR-1 and SP), located north
of 44th Avenue between Monterey Avenue and Portola Avenue in the
City of Palm Desert.
�.• This proposal is removed from any existing or proposed State high-
way. However, we would like to note that State Highway Route 111
is the major transportation facility providing access to the Palm
Desert area. Highway 111 is now carrying volumes in the 30,000
per day range during the peak months. Traffic volumes of this
magnitude are in the proper range of those which can be accommo-
dated on a 4-lane facility and still provide a fairly reasonable
level of traffic service.
Improvement of the highway to significantly increase its capacity
would be very expensive and disruptive because of the extensive
development along much of the route. A review of the source of
future funds for which State Highway Ill might be eligible
indicates that our agency will not be able to provide any major
improvement for this State highway within the foreseeable future.
If additional information is desired, please call Mr. George Boon
at (714) 383-4671.
Very truly yours,
J. E. PEDDY
District Director
By
Proje YtDevelopment Services Engineer