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Home My WebLink AboutRes No 1104PLANNING COMMISSION RESOLUTION NO. 1104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND DEVELOPMENT AGREEMENT FOR 10.3 ACRES ON LAND BOUNDED BY EL PASEO, SHADOW MOUNTAIN DRIVE, SAN PABLO AVENUE AND LARKSPUR LANE. CASE NOS. GPA 85-4, C/Z 85-3, AND DA-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of August, 1985, hold a duly noticed public hearing and continued hearings on September 3, October 1, November 5, November 19, and December 3, 1985, to consider the request of BIRTCHER/DUNHAM for approval of a negative declaration of environmental impact, a general plan amendment to change the land use designation from medium density residential (5-7 du/acre) to core area commercial and related uses, a change of zone from PR-6 (planned residential, 6 du/acre) to C-1 (general commercial) and R-3 (7) (multiple family residential on du/7000 square feet of land) and a development agreement regarding use of the R-3 (7) area for 10.3 acres on land bounded by El Paseo, Shadow Mountain Drive, San Pablo Avenue, and Larkspur Lane, more particularly described as: APN 627-261-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implement of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration of environmental impact has been prepared; 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 recommending approval of the general plan amendment: 1. The amendment would be a logical extension of the commercial extension fronting on El Paseo. 2. Commercial designation of the site would be compatible with the surrounding land uses which are primarily multiple family or commercial. 3. Commercial designation would be in substantial conformance with the recommendations of the economic assessment study prepared for the City of Palm Desert. 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 recommending approval of the change of zone: PLANNING COMMISSION RESOLUTION NO. 1104 1. The land use resulting from the change of zone would be compatible with adjacent land uses. 2. The change of zone would be compatible with the general plan amendment as proposed. 3. The change of zone would be in substantial conformance with the recommendations of the economic assessment study prepared for the City of Palm Desert. 4. The change of zone to R-3 (7) for the portion abutting Shadow Mountain Drive would provide a buffer for the surrounding residential properties on Shadow Mountain Drive. 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 their recommending approval of the development agreement: 1. The agreement would insure the land use adjacent to Shadow Mountain Drive is compatible with surrounding residential properties. 2. The agreement would run with the land so that in the future, compatibility is maintained. 3. The agreement would be in conformance with the general plan land use element. 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 the planning commission does hereby recommend to the city council approval of a general plan amendment from medium density residential (5-7 du/ac) to core area commercial and related uses per the attached exhibit "A." 3. That the planning commission does hereby recommend to the city council approval of a change of zone from PR-6 to C-1 and R-3 (7) per the attached exhibit "B." 4. That the planning commission does hereby recommend to the city council approval of a development agreement per the attached exhibit ,tc 2 PLANNING COMMISSION RESOLUTION NO. 110q 5. That a negative declaration of environmental impact is hereby recommended for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of December, 1985, by the following vote, to wit: AYES: DOWNS, RlCHA0]S, AND WOOD NOES: CRlTES AND ERW00D ABSENT: NONE ABSTAIN: NONE � ry 3 BU�ORD ~'FS. 'irman PLANNING COMMISSION RESOLUTION NO. 1104 EXHIBIT "C" BIRTCHER-DUNHAM LAND USE AGREEMENT This agreement, made as of this day of , 1985, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and BIRTCHER-DUNHAM (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and received approval of a general plan amendment (GPA 85-4) and change of zone (C/Z 85-3) on the PROPERTY. 2. The CITY has determined that the use of the property adjacent to Shadow Mountain Drive should be restricted to residential -type uses only. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. AGREEMENT 1 DEVELOPER has been granted by the CITY approval of GPA 85-4 and C/Z 85-3 on the PROPERTY by adoption of City Council Ordinance No. 4 PLANNING COMMISSION RESOLUTION N0. 1104 DEVELOPER hereby agrees to restrict use on a portion 9f his PROPERTY described as the land adjacent to Shadow Mountain Drive for a depth of 200 feet per Exhibit 2, attached hereto and made a part hereof (hereinafter "SITE"). 2. The SITE, which has been rezoned from PR-6 to R-3 (7) by approval of C/Z 85-3, permits land uses as stipulated in municipal code sections 25.20.020 and 25.20.030. In order to insure that the SITE develops in a manner that will not negatively impact surrounding residential properties, DEVELOPER hereby agrees that no retail, office, restaurant or other commercial use or commercial improvement shall be constructed on said SITE, except that said site may be used for other permitted and conditional uses or for commercial parking and ancillary uses (i.e. trash enclosures and low level parking lot lights) per municipal code requirements provided when used for parking said SITE adjacent to abutting streets is screened with maximum six foot high decorative masonry or block wall and heavy landscaping. 3. The term of this agreement shall run in perpetuity, or until all immediately surrounding properties, which are, as of the date of this agreement zoned residential, rezoned to a nonresidential zone. 4. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable 5 PLANNING COMMISSION RESOLUTION NO. 1104 by appropriate legal action brought by the ClTY, In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 5. The agreement eha)\ be construed according to the laws of the State of California. If any portion of the agreement is for any reason held to be unonforceab)e, such determinotion sha)l not affoct the va|idity of the remaining portions. 6. Each of the parties hereto covenants and agrees that it has the legal rapacity to make the agreements herein contained, that each agreement is binding upon that party and that this agreement is executed by a duly authorized official acting in his official capacity. 7. The agreement shall be recorded prior to issuance of any building permits on said property. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. BIRTCHER-DUNHAM THE CITY OF PALM DESERT 6 PLANNING COMMISSION RESOLUTION N0. 1104 (Notarized) ATTEST: CITY CLERK 7 PLANNING COMMISSION RESOLUTION NO. 1104 EXHIBIT "1" Legal Description of Property STARTING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF EL PASEO AND THE WESTERLY RIGHT OF WAY LINE OF LARKSPUR LANE, AS RECORDED IN PALM DESERT SUBDIVISION MAP BOOK 2 1 , PAGES 52 AND 53, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THENCE WESTERLY S 89'44'35" W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF EL PASEO EXTENDED A DISTANCE OF 20.04 FEET TO A TRUE POINT OF BEGINNING: THENCE WESTERLY S 89°44'35: W ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF EL PASEO A DISTANCE OF 710.00 FEET TO A POINT OF TANGENCY ON A CURVE TO THE LEFT: THENCE ON SAID CIRCULAR CURVE TO THE LEFT THE RADIUS OF WHICH IS 20 FEET AND THE CENTRAL ANGLE OF WHICH IS 89°53'l0", A DISTANCE OF 31.38 FEET: THENCE SOUTHERLY S 00°08'35" E A DISTANCE OF 560.00 FEET TO A POINT OF TANGENCY ON A CIRCULAR CURVE TO THE LEFT: THENCE ON SAID CIRCULAR CURVE TO THE LEFT, THE RADIUS OF WHICH IS 20 FEET AND THE CENTRAL ANGLE OF WHICH IS 90°06'50" A DISTANCE OF 31.46 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SHADOW MOUNTAIN DRIVE: THENCE EASTERLY N 89°44'35" E ALONG SAID NORTHERLY RIGHT OF WAY LINE OF SHADOW MOUNTAIN DRIVE A DISTANCE OF 710.00 FEET TO A POINT OF TANGENCY ON A CURVE TO THE LEFT: THENCE ON SAID CIRCULAR CURVE TO THE LEFT, THE RADIUS OF WHICH IS 20.00 FEET, AND THE CENTRAL ANGLE OF WHICH IS 89°53'10" A DISTANCE OF 31.38 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LARKSPUR LANE: THENCE NORTHERLY N 00°08'35" W ALONG SAID WESTERLY RIGHT OF WAY LINE OF LARKSPUR LANE A DISTANCE OF 560.00 FEET TO A POINT OF TANGENCY ON A CURVE TO THE LEFT: THENCE ALONG SAID CIRCULAR CURVE TO THE LEFT, THE RADIUS OF WHICH IS 20.00 FEET AND THE CENTRAL ANGLE OF WHICH IS 90°06'50", A DISTANCE OF 31.46 FEET TO THE TRUE POINT OF BEGINNING. 8 Y A • I = 1 1 ( _ 1 SoB.li ✓ iss.0 -Ir- ilt.oft 1�-aaGE ,''e!'e� E ' __: •TB ...7 coodia iucns gq/11o1 - i �_ L.� e I — 1�t NC LAil%(Jl��"_ oe' a% i w A �'3 al IJB J- se 9 Cl CITY OF PALM DESERT • GKK O M 07 2 PLANNING COMMISSION RESOLUTION NO. 1104 DATE December 3, 1985 CITY OF PALM OESERT Gen. Plan Amend. 85-4 MZZ, E o T1T A PLANNING COMMISSION RESOLUTION NO. 1104 DATE December 3, 1985 CITY OF PALM DESERT Ca TEz yrala OO T m0m ciz 85- 3 PLANNING COMMISSION RESOLUTION NO. 1104 DATE December 3, 1985