Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
DP 01-78 - RESTUARANT FILE 4 1980
TO 7 l Date O Time WHILE U-WERE 0.�-^UT M Fum f a Of p- ��Q 9 / Area Code Number Extension TELEPHONED ��Y-PLEASE CALL _ CALLED TO SEE YOU \s WILL CALL AGAIN WANTS TO SEE YOU URGENT RETUR9qNNEE)YOUR&LP�L Message (d©-/�o nm,,A Y Y Operator AMPAD 23-000 50 SHT.PAD G' EFFICIENCYp 23-001 250 SHT.DISPENSER BOX Q,�¢p oiJ steEF CAtS.s fit- 70- p 6� DuNba�- 3 b p -rr. a a CL b L� so,vb�as 314 _ . . � -35! O O aPf�flv eel b la logt>�\. l�, l CkC) v'6 it y s� , fl , J :,, ,�„ .:A AoGo TENANT ODENTIFICATION 4 �•1.' f ! . `_.l_L4at,1� F.':�.C':'%: :_GtiS`T?.U4�`c`=(:, �iUT Oh � �/;� �� 1•::,a Al�' F "f. " DRtEU FtF_L'`VJQ:Jv._ h�.�� LE TiERlP1G.� Y�C)Ri�`• F,`.�, . B logoc 30 . . .. E�NL'` `._�'aC•:. -C'J.[3c. '.J+,Ca.`-- ', .'v\;s';t-3 �A•.s::aE�:'i��it1; , -r '- j 'A STORE 5�?ArY:a::c LJvS; ':3E 'hC` p C� iMPlG CiX. C)''J ' _ �� '�.ca._ R�►`s � L� � :�.�, . ��� `W ::� L �� TENAINT ) r,•:� :,'.�;�:F�,,_' �,�:. �..�y �,.� �._ «.c� NAME -;g .. S,; � _... _SU �E-.OF�.-WN�TE .�_ .,�NAME\.. ) U�a . .y p - - - i i % F.1�P: ChTCf� F'l1v�t'Rlp� ON:rfCti1 LETCC Pi, _ ; _�_ L. ' LC�Cyc,_«._ .-P,AItaV �Nt?YAFLt�`: P:r4'�I�'a,6..s �C�BUS. TYPE Su %. A MO,) EU OH Cdtv1lNQOsJ`J ' . t _ _._.UCJAM r1� . �>riARCj C As�:e'a.t 1 l.,sti1E ^CEta`CEK D Z _ CITY OF P! i.M [�`SFRT 3 D-P A,2TMENT G' � +r ENV;'Gil;A 'N'.A: SERVICESV4 LAG '} v ,. �I LZ :t.'� D.,: ❑ C.C. RE3: NO. ....... ❑ P.C. ....... ��N.BYC�ae� .NA� t,.Mo�J�� o axc r .- i�NT E C.E E V E 0 ��,. NO ❑ STAFF LETTER %- ' . A TIO qD DR.D NOV - 31980 __......_.... -- W ENVIRONMENTAL SEINI:ES j , CITY. OF PALM DESERT I X� •,` _ - CONSTWICT ON VEAN^OF TN S 1OMME \ ITNIN i SC)r�1`�.��: M /.-, x • 44`tw 2 ,NF—' rt 'Fly,w`f, _ Y y . \ -,f .-t.Ya_a_..1�....4 .Yan. W\Q r.r..!. a —.�.._.'h_\d� :' '.v.x a .e.vl� ..t.._ •...... .. .. r ._r.. - .._. ..�... ._ u. _ �. r..k i:1a _ .�. ,. �, ��.. ; r._ - : �Y' - �• :a �C �,� _ .--TENANT IDENTIFICATION � �► i< B C �. DFttEU LETTEF�\r1C�.� AN aX;k�:Z�l D.�3E µ-t'W;tz :? v i�,t� r- - . STORE TENANT If ----�:..�,� ,ta.... 1 . RAt a�, 4,:�> •_�:,_'rz, Wit„ . . NAME . O\u t`•;`:?,1C_s7\L'c>��a:..z# p 7�:)� Al�. ,_� tZ\zv(k i t . W\A7 `G7f> F'uS�zR\PE Or1RCN t_ET«:lh. � is ------- �BUS. TYPE� -I -.V�l ON C0-\,-K WXQOVS �IF:A\fit: _ �! •:i, _.__ ..�liM r�C �=CaZ\t•1AlZD �l.�ia�D.N 1..tNC. --CFl1�Kc � 9 - P TvJ -rj C31E . . . A�CA<,tlC_D w\-t-H . /a- L.AG POCY25. __ .LlVYtZ� :GC)C]l: ;- \ =•l7t i ?,F1�.4�' l t�c'1C�ln R r c r ! V i •�:�> __...��t�s�c�k: 4'. 'z; �rs� .�_ �v� . � .ate A�'A�.t�Ep �® � J .- NOV - 3 1980 ENV'kON'0tNTAL SERVICES lr.• - CITY OF PALM DESERT c- i /% 44'M. 1C�52�� (M/r�J` �1� 1<W`i• i ,�[• - ' �Q. _ . . , . . _ - .. . . - � ALM ���`�'�C'.�, _Cr11,,. ..TV��`r,t,`t 1�+�1�..�1�". I'�y�(J��_l �I rr EA. CQ. A � 1 • r. *MAD oW Srw Cdl.+St . 3II$i$� 7 - D loD Teo q q c 6 o DuNba� 4200V�ie�ro5 Cjd7 '- 3S! ©O aPf�flv�erl �3s ' 9 �0 �� 'I%: It 330 180 =5, qO y 3oO 4 }x CJ 11'� �L� �.• ` I , 1 L NIC�`tlJil`t Itk AC Q'x '1VSTtLV Cp.� . 92660 %3Z- 7\7S -P4"97 Tel: (760) 772-6400, Ext. 264 1 Fax: (760) 772-6499 1 Cell: (760) 610-3147 prodriguezPcbclyle.net I www.cbclyle.net ORE # 01870757 SEE MY SALE AND LEASE LISTINGS SEE MY RESTAURANT LISTINGS -- RESTAURANTSAVAILABLE.COM - ---Original Message----- From: scanner(@cbclvle.net [mailto:scanner(@cbclyle.net] Sent: Wednesday, July 25, 2012 9:39 AM To: prodriguez(@cbclvle.net Subject: Scanned image from MX-4100N Reply to: scanner(@cbclyle.net <scanner(dcbclvle.net> Device Name: Not Set Device Model: MX-410ON Location: Not Set File Format: PDF MMR(G4) Resolution: 300dpi x 300dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. http://www.adobe.com/ �U yan�S G b9 9yZ = �bS' +s9 49f.'2fi�b9 ' +�21 � ayb �"C f z = 0o0 (200vt, X C9 II 'ZI i f "1,1 U o� o� - i�ya�v 0J 911 Z1bI an 10 0 0-r r z r ^ (0g)� ��z I x) r p� 3 0� z l (2ZI ) ���� OOP z 00e, pOQ 21 r 9 0 2 0s � 17'I l l r7 W o , Y A laian, Lauri From: oeve Kevin.Boeve@marcusmillichap.com Sent: ursday, July 26, 2 12 11:28 AM To: Aylaian, Lauri Cc: prodriguez@cbclyle.net; stevelyle@cbclyle.net; John Von Helms; Shlomi Asiss (gmail) ; Alon Abady; Ambrosini, Jennifer Subject: Tilted Kilt Patio and Parking Expansion - Las Sombras Plaza, Palm Desert, CA Attachments: scanner@cbclyle.net_20120725_123910.pdf; Palm Desert- Las Sombras Village Flyer 6-2011.pdf Lauri, Thank you for speaking with me this morning. Per your letter attached, I'm concerned your calculation of the center's restaurant SF is inaccurate and therefore your approval of the tilted kilt expansion will limit our ability to lease valuable restaurant space and therefore cause significant economic damage to our property. In addition, the COREA agreement which includes shared parking arrangements is expiring and therefore the additional parking the tilted kilt seeks to use as shared will not be available unless all the owners agree to modify it. I ask that you immediately rescind your approval of this expansion until we have this issue ironed out. I am also concerned that the city would put forth this approval without contacting the adjacent property owners. I've attached a leasing flyer with two additional restaurant spaces that I suspect you didn't take into your calculation 3,600 and 2,425. Please review and I ask that you respond with status of your findings taking into consideration this additional space. I've copied our attorney hereto for I'm sure we will be responding with a formal letter. Kevin Boeve Vice President Investments ,AA CJ,< Director, National Retail Group Marcus & Millichap 3281 East Guasti Road Suite 800 Ontario, CA 91761 l (909) 456-3400 ext. 3424 -----Original Message----- From: Pablo Rodriguez (mailto:prodriguez(@cbclyle.net] Sent: Wednesday, July 25, 2012 1:44 PM To: Ambrosini, Jennifer; shlomiasissogmail.com; 'Alon Abady' ; Boeve, Kevin Subject: Letter for Las Sombras from city of Palm Desert Pablo Rodriguez Vice President Coldwell Banker Commercial Lyle & Associates 78000 Fred Waring Drive, Suite 200 Palm Desert, CA 92211 1 f I Southern California Edison Company E 3BI00 CATHEDRAL CANYON DRIVE CATHEDRAL CITY. CALIFORNIA 82234 May 19, 1980 Paul Williams Planning Director City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Dear Sir: The Las Sombras Restaurant Park Development has paid the funds necessary to complete the undergrounding of the overhead facilities on 44th Avenue east and west of High- way 111. They are in the process of installing the necessary substructures for the installation of cables and appur- tenances. Upon completion of the substructures and acceptance of same by the Edison Company, the developer(s) will have met all obligations to the Edison Company for the underground conversion of the said overhead facilities. This will allow the Edison Company to complete the project on or before September 1st. Very 1 yours, T. D. Es her Planning Manager TDE:kc cc: Bob Gilroy 1600 Dove Street Suite 130 Newport Beach, CA 92660 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 16, 1981 Las Sombras Village Attn: Bob Gilroy 1600 Dove Street Suite 130 Newport Beach, CA 92660 i Dear Bob: 1 Kermit Martin from Southern California Edison Company recently informed us that you have not yet begun construction of the necessary substructures for undergrounding of the overhead utilities along 44th Avenue. Until this work is completed, Edison cannot finish the undergrounding. Since you are nearing the last phase of your Las Sombras Village, it would be advisable to begin your work as soon as possible. This would insure that your project could be completed and any additional fees or obligations to Edison would be minimized. The two temporary service lines across Highway . .III will also have to be removed. Please provide .us with .a signed contract indicating when the substructure work is to be done. You should contact Edison Company to determine whether any additional requirements must be met since your original agreement was made in about May, 1980. Attached is the letter from Edison Company indicating your meeting the obligations as of May, 1980. Should you have any questions, please feel free to contact this office. Very truly yours, �R/J,MON a Ij"�G vtL DIRECTOR OF ENVIRONMENTAL SERVICES cc: Kermit Martin T.D. Escher i MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1981 Page Five * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. ICOMMENTS Mr. Diaz informed Commission that Staff would be doing a future study on thelZoning Ordinance relating to Hotel Densities. Commission concurred. IMr. Diaz reviewed the Las Sombras parking situation with the Commission stating that staff had investigated the peak hours parking usage and found suffi- cient vacant parking area to warrant the minor expansion of two proposed restaurants a with alcorresponding reduction in retail floor area. llCommissioner Kryder informed the Commission and staff about the meeting at the Indian Palms Country Club stating that one of the topics discussed was relative to manufacturing housing. XIII. FDJOURNMENT Motion was made by Commissioner Kryder, seconded by Commissioner Berkey, to adjoirn the meeting at 2:47 p.m. I ATTEST RA AZ, Secre y ALESMI"LL1ER. :UaiT:Fa_n : . . ON A. DICHA i -- /l r 1 I i Palm Desert, California January 29, 1981 Mr. Ramon Diaz Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: Las Sombras Village Dear Ray: First, let me thank you for taking time out Tuesday to review with me the background of Las Sombras Village, particularly as it related to the design and the parking restrictions. Following our meeting I met with the other two general partners to review the project in its entirety. We wanted to re-evaluate the parking situation as well as the tenant structure and leasing strategy. I would like to share our findings with you in the hope that you can give us some guidance towards the accomplishment of our mutual objectives; namely, taking those steps necessary to assure that Las Sombras becomes a vital and contributing element of the commercial community within the Coachella Valley and, more particularly, Palm Desert. During the initial planning stages of the project we were concerned about properly anticipating our parking needs. Unfortunately, we and the City made the assumption that, although there would be some overlap (joint use) of the parking areas, they would have to accommodate parking for all of the restaurants as well as all of the commercial tenants at the same time. That assumption continued to underlie all of our subsequent plans as well as the Ci:ty's actions relative_ to parking ratios and allowances. After nearly three years of experience on the project, meeting with numerous prospective tenants, and observing those tenants now in occupancy, it has become abundantly clear that this assumption was grossly incorrect. There is little if any restaurant business done within the center until the evening hours and virtually no commercial activity in the evenings. Most of the traditional non-restaurant commercial tenants with whom we have discussed the project have indicated that, because they are generally dependent upon walk-in traffic, in order to take proper advantage of restaurant-generated pedestrian traffic.,they would have to open their.stores i.n mid-afternoon and remain open until late evening which they are reluctant to do. In fact, we have not found a single tenant who will do so. 1600 Dove Street, Suite 130, Newport Beach, California 92660 (714) 752-0386 Mr. Ramon Diaz January 29, 1981 Page 2 An additional factor, and one that we were apprised of initially but did not fully comprehend the impact of, was the excessive parking requirements as outlined in the zoning code for Palm Desert. In fairness to the City, they likewise recognized the problem when, in response to our request, they , approved a maximum density of 44,000 'square feet of restaurants for the project. To briefly summarize then: 1 . The site will clearly support at least 44,000 square feet of restaurants . operating at full capacity in the evening. 2. At a ratio of 12 cars per thousand square feet of restaurant (the effective, revised approved density for restaurants), under full operation, the available parking spaces will support approximateTy—T4,000 square feet of restaurants and 17,000 square feet of commercial operating simultaneously at 100%. capacity. At 81% restaurant capacity and after giving consideration, as was previously done, to the approximate 120-car off-site parking, the parking could support up to nearly 52,000 square feet of restaurants. 3. These calculations were made without consideration of the effect that compact cars are having on parking areas. Articles in recent shopping center industry publications indicate that there is an effective 20% increase in parking capacity due to the proliferation of compact cars. .4. The final fact, and one with which we all have to be concerned, is' that the center is not attracting the type of commercial tenant originally contemplated. Unless we are able to successfully redirect our leasing approach as outlined below, there is the ever-present risk that in the future potential commercial tenants will assume "something is wrong with the center" and all of us will suffer the consequences. With all of this in mind, we have reached some conclusions--painful though they may be. Our first conclusion is that, in light of the virtual exclusive evening use of parking areas by restaurants and the reluctance of other types of commercial tenants to reschedule their operating hours, the approved maximum restaurant allowance be returned to the 44,000 square feet which was previously approved. I shoua:d-emphas-i-ze_tha-t_.we-are_not-req.uesti-ng-an i-nex�ase-in_-the_overall-project-dens_itybut7rather_anTapprova-1_toi ncreas.e the allowance=for-re-taura-nts-to_app -4 d --� rsiFuultaneously-reduce-the-balance=of=the commercial-tc-appr-oxima-fely-lb--000? cs_quarefeet. Correspondingly, we will restructure our leasing efforts to fill the balance of the restaurant tenant space and attract the other day-time, non-pedestrian traffic-oriented commercial . tenants. This will permit such tenants . to take.advantage, of the excess parking which is available during the day. As we envision it, special leasing efforts will be directed to office, professional , and medically-oriented tenants as well as other "destination" or "appointment" type of tenants such as auto rental agencies, custom jewelers, exercise and weight reducing spas, liquor, beverage, and specialty food stores, Mr. Ramon Diaz January 29, 1981 Page 3 travel agencies, beauty and personal care shops, custom art galleries, etc. I was encouraged by your understanding of restaurants and commercial projects as well as your. objectivity in discussing. Las Sombras. I would prevail upon you to review this letter with that same objectivity. We are prepared to meet with you any time and to discuss methods to achieve our mutual objectives. I have asked Mike Leseney, one of my partners in the project, to discuss this letter with you and to answer any questions which you may have so as to expedite the implementation of any suggestions vis-a-vis the Planning Commission and our hearing on February 3. We sincerely solicit your recommendations and request your support in conveying our message to the Planning Commission in a timely manner. This is of particular importance in view of the two restaurant tenants (Las Sombras Mexican Restaurant and Shogun Japanese Restaurant) with whom we have signed leases but who are not yet approved. Also, in light of our recent findings, we have an immediate need to revise the approved restaurant square footage and redirect our leasing program as outlined above. Thank you again for your time and consideration. Very truly yours, PDR AASSSSOC�IATES �J. Robert Gilroy General Partner JRG/sle 1 1 , Palm Desert, California V February 10, 1981 B121g81 Eti\'(Y 0`fEPA�M O�SE�S Mr. Ramon Diaz Director of Environmental Services City of Palm Desert .45-275 Prickly Pear Lane Palm Desert, California 92260 . Re: Study of Restaurant Square Footage Dear Ray: In response to your request for information concerning the relative utilization of space within a restaurant, I have prepared this letter. Summarized below is the pertinent data from restaurants in which we, or our architects, have recently been involved. In computing the "productive area" we included those areas in which people can either dine or drink. Productive Area Total Sq. Ft. (Dining and Bar) Productive Restaurant #1 7,729 4,596 59% Restaurant #2 8,203 4,977 61% Restaurant #3 7,203 4,400 62% Restaurant #4 4,880 2,467 51% Restaurant #5 8,093 4,284 53% Restaurant #6 9,300 5,710 61% Restaurant #7 8';360 5,002 60% Restaurant #8 5,710 3,444 60% As you will note, the range from 51% to 62% is quite narrow. As a general rule, we would anticipate around a 60% productive area so the results of the study were in line with our expectations. Using the factor of 60%, Palm Desert's zoning requirement of 15 parking places per 1 ,000 square feet of restaurant effectively equates to 25 parking places per 1 ,000 square feet of productive area. Assuming there are, on the average, .2.5 people per car, this would work out to 62.5 people per 1 ,000 square feet of productive area or, to look at it another way, allows for approximately 16 square feet per customer--considerably less space than is normally allocated to restaurant patrons. ' I hope you find this information to be helpful in your study of the zoning codes. As regards Las Sombras. and the study session now scheduled for Wednesday afternoon, February 18, I would like to proceed along the course outlined in my 1600 Dove Street, Suite 130, Newport Beach, California 92660 (714) 752-0386 Mr. Ramon Diaz February 10, 1981 Page 2 letter of January 29, 1981 , and, therefore, I will be there to answer any questions you or the Planning Commission may have in that regard. Assuming the Council concurs with my analysis, hopefully this can be accomplished informally and without additional Council hearings so that we can redirect our leasing toward the completion of the restaurant space and the balance of the commercial tenants. Meanwhile, should you have any questions or need any other information, please do not hesitate to call . Very truly yours, PDR ASSOCIATES J. Robert Gilroy General Partner JRG/sle 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE August 7, 1979 APPLICANT PDR Associates 1600 Dove, Suite 130 Newport Beach, California CASE No. : DP 01-78 and VAR 01-78 (Amendments) The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 31, 1979 adjourned to August 2, 1979. CONTINUED TO DENIED X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 519 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF 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 P L i DESERT PL. `^iING CON-^ffSSSION cc: Applicant C.V.C.W.D. PLANNING COMMISSION RESOLUTION NO. 519 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AN _ AMENDMENT TO AN APPROVED DEVELOPMENT PLAN, AND RELATED PARKING VARIANCE ON PROPERTY LOCATED SOUTH OF HIGHWAY 111, EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 (Amend. ) and VAR 01-78 (Amend. ) WHEREAS, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed Public Hearing on July 31, 1979, to consider a request by PDR ASSOCIATES for approval of an Amendment to an approved Development Plan which provided for development of a restaurant complex with ancillary commercial uses, and a related parking variance, on approximately 8.5 acres within the P.C. (4) , S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone located south of Highway 111, east of Painters Path and north of 44th Avenue, more particularly described as: APN 621-302-005 APN 621-302-006 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 is exempt from further environmental documentation; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments , if any, the Planning Commission did find the follow- ing facts and reasons to exist to justify the approval of the subject amended Development Plan: 1. The proposed development, as revised, is consistent with the City' s adopted General Plan. 2. The proposed development, as revised, is .consistent with the City's adopted Redevelopment Plan. 3. The design or improvement of the proposed development, as revised, will be consistent with the Palm Desert Zoning Ordinance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments , if any, the Planning Commission did find the follow- ing facts and reasons to exist to justify the granting of a Variance to reduce the number of parking spaces from the required 627 spaces to 508 spaces for the project: 1. Employment of joint-use parking will compensate for a considerable amount of the deficient parking spaces. 2. Variations in the hours of operation among the proposed restaurants will assist in reducing the peak number of vehicles at the site at any given time. 3. The mandatoryfindings the Planning Commission must make when granting a Variance as specified in Sec. 25. 78.070 of the Palm Desert Municipal Code, are applicable to the subject case. 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. The Planning Commission does hereby approve an amended Development Plan (DP 01-78 Amend. ) for reasons stated, subject to conditions. . PLANNING COMMISSION RESOLUTION NO. 519 Page Two 3. The Planning Commission in approving this Development Plan No. 01-78 (Amend. ) does hereby grant a Variance (VAR 01-78, Amend. ) to reduce the number of parking spaces from the required 627 spaces to 508 spaces for the project. 4. . The Conditions of Approval for Case No. DP 01-78 (Amend. ) attached to this Resolution superscede all previous Conditions of Approval for related Case No. DP 01-78. PASSED, APPROVED, and ADOPTED at an adjourned meeting of the Palm Desert Planning Commission, held on this 2nd day of August, 1979, by theJollowing vote, to wit: 1 AYES: Berkey, Kryder, Snyder NOES: None ABSENT: Miller ABSTAIN: Fleshman WALTER SNYDER, Chairman ATTEST: C_ JW*AUL*A.5 WILLIAMS, Secreta y /lr I l i ' PLANNING COMMISSION RESOLUTION NO. 519 Page Three CONDITIONS OF APPROVAL CASE NOS. OP. 01-78 (Amend. ) , and VAR 01-78 (Amend. ) Amendment Conditions: 1. The development of this project shall conform substantially to all revised plans submitted in behalf of this case; which superscede all other plans previously submitted. 2. This amendment is granted for a project consisting of: Five restaurants , totaling approx. 35,100 sq. ft. of floor area; plus , ancillary commer- cial uses, totaling approximately 24,900 sq. ft. ; with, 508 parking spaces to be developed on the site. 3. With the exception of the site plan arrangement,floor area uses , and number of parking spaces to be provided, all other conditions of approval of Case No. DP 01-78 (Amend. ) , as required in Planning Commission Resolution No. 402, shall be applicable to development of the project; as noted in the following "Standard" , "Special " , and "Design Review" conditions: Standard Conditions : 1. The development of this project shall conform substantially to all revised plans submitted in behalf of this case and as revised according to the Design Review Board process and/or Planning Commission action. Any minor changes requires approval by the Director of Environmental Services. Any substantial change requires 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 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. Any roof mounted, exhaust, or air conditioning equipment shall be fully concealed from view from any public rights-of-way and adjoining properties by architecturally integrated means. 5. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. e. All utility service and distribution lines on or abutting the subject property, shall be placed underground prior to occupancy clearance. 7. Traffic control provisions shall be provided as required by the. Director of Public Works. ( 8. Curb, gutter, sidewalk or approved pathways , and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 9. The Fire Protection Requirements as specified in the Fire Marshal 's memo dated Jan. 16, 1978, attached to Planning Commission Resolution No. 402 , shall apply. PLANNING COMMISSION RESOLUTION NO. Page Four Standard Conditions: (Continued) 10. Prior to issuance of a building permit for construction of any use con- templated by this approval , the applicant shall first obtain permits and/or clearance from the following agencies : Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal I! Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept. of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 11. A landscaping, grading, lighting, amenities , trash storage , walkway layout, and irrigation plan shall be submitted through the Design Review Board. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. Special Conditions : 1. No ingress and egress shall be allowed off of Highway 111. 2. All curbs , gutters , sidewalks , and tie-in paving improvements shall be required in the exterior of this tract. 3. Applicant shall install traffic safety lighting as required by the Director of Public Works. 4. Applicant shall maintain the City entrance island at Painters Path and Highway 111 insofar as electrical energy and landscape maintenance is l concerned. 5. Applicant shall pay drainage fees in an amount to be determined by the City of Palm Desert ordinance provisions. 6. The storm drain for this development shall be approved by the Director of Public Works. 7. The applicant shall make a $10,000 contribution to the City of Palm Desert Traffic Signalization Fund. 8. A complimentary architectural theme shall be utilized in the formulation of a design concept for the entire complex. 9. A comprehensive sign program shall be submitted for the entire project through the City' s Design Review process prior to the issuance of any building permits. 10. Parking lot lighting shall be approved by the Design Review Board. 11. A five (5) foot sidewalk shall be constructed along 44th Avenue and Painters Path or an acceptable alternative to the Design Review Board. Design Review Conditions : 1. Prior to entering Plan Check, the applicant shall submit detailed construction drawings to the Design Review Board for consideration and approval . Said drawings shall comply to the Conditions of Approval herein, to the Conditions of all related City approvals and all Municipal Codes. Said drawings shall be comprehensive as to their compliance with the submittal requirements as specified in the Boards application form. The building permit, when issued, shall include all elements reviewed and approved by the Design Review Board. No certificate of use and/or final clearance shall be given by the Depart- ment of Environmental Services until construction , in total compliance with the approved plans, shall have been completed. PLANNING COMMISSION RESOLUTION NO. 519 Page Five Design Review Conditions : (Continued) 2. In addition, the applicant shall submit particular detailed plans, as a part of the construction drawings, for the following items which the Board feels are of major concern: a. Wall materials - both on the interior & exterior of the project. b. Mechanical equipment locations, such as A/C units. c. Comprehensive sign program d. Major entrance to the project. e. Restudy landscaping and parking lot area. f. Restudy of traffic triangle by City Traffic Committee. l - AGREEMENT �. I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or allow occupancy on the use per- mitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Development Plan and Variance Amendments Applicant(-s) : FOR Associates, 1600 Dove, Suite 130, Newport Beach, California Case No(s) : DP 01-78 and VAR 01-78 (amendments) Date: July 31, 1979 I. REQUEST: Request for approval of an amendment to a previously approved Development Plan and off-street parking Variance to allow additional restaurant area and reduce commercial area in the P.C. (4) , SP zone (Resort Center Planned Commercial , Scenic Preservation Overlay) on property located at the north- west corner of State Highway 111 and 44th Avenue. LOCATIONAL MAP: r—I I / VAR 0t —t' - - Eej 44 TN AVc. � 9 II. BACKGROUND: A. ADJACENT ZONING: North: C-1, S.P. South: PC (4) , S.P. East: PC (4) , S.P. West: C-1, S.P. B. GENERAL PLAN LAND USE DESIGNATION: Resort Commercial C. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed in connection with Case No(s) DP 01-78 and VAR 01-78 and no further documentation is . deemed necessary by the Director. D. PREVIOUS PERTINENT CASES: Case Nos. DP 01-78 and VAR 01-78, HMS General Corporation, applicant; original request approved by Planning Commission Resolution No. 329, January 31, 1978. Case Nos. DP 01-78 (amended) and Design Review Case No. 92C, subsequent revision, approved by Planning Commission Resolution No. 402, September 5, 1979. STAFF REPORT Page Two Case Nos. DP 01-78 and VAR 01-78 (Amendments) E. ORIGINAL PROPOSAL: 5 restaurants, totaling 44,000 sq. ft. of floor area, with 536 parking spaces. F. 1ST AMENDED PROPOSAL: 3 restaurants, totaling 32,000 sq. ft. of floor area, plus 28,000 sq. ft. of ancillary commercial area, with 515 parking spaces. G. 2ND AMENDED PROPOSAL (CURRENT REQUEST) : 5 restaurants, totaling 35,100 sq. ft. of floor area, plus 24,900 sq. ft. of ancillary commercial area, with 508 parking spaces. H. PARKING ANALYSIS: Required Restaurants 526.5 -Ancillary Commercial 99.6 Total : 626. 1 Proposed 508 spaces = 18.9% deficiency. III. DISCUSSION: The site plan for the current amendment being sought is essentially the same as has been previously reviewed. The elements of building arrangement along Highway 111, location of parking areas, and access restricted to 44th Avenue and Painters Path, are substantially as approved. The applicant indicates that all tenants now seem secure, and therefore, this specific amendment request is being sought to implement the project. The parking Variance Amendment now being requested (18.9%) is the same percentage originally granted when the project contained five restaurants. Staff feels that the considerations justifying the original Variance (i .e. joint-use parking and variation in the hours of operation) remain the same. IV. STAFF RECOMMENDATION: Based on the justification contained in the Resolution: Approve Case No. DP 01-79 and VAR 01-78, as now amended, by adopting Planning Commission Resolution No. subject to the conditions previously applied. 1 } 3 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 September 29, 2980 Inland Landscape Services P.O. Box 444 Yucaipa, CA 92399 Attn: Derrel Gillman Re: Landscaping at Las Sombras Village r Dear Mr. Gillman: Pursuant to your request, we are writing this letter to verify that the landscaping at Las Sombras Village as shown on approved plan, is acceptable with the following minor revisions: 1. Stake all bottle trees along Highway 111 (due to windy conditions which damage trees) . 2. Replace the three dead trees. 3. Complete planting of ground cover. Should you have any questions, please feel free to contact .Stan Sawa at this office. Very truly yours, MURREL CRUMP PRINCIPAL PLANNER MC/lr cc: Joseph M. Leseney, Las Sombras Village Baldi Brothers 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 July 31, 1980 Baldi Brothers 459 Egan Street Beaumont, California 92223 Attn: Pat Baldi Re: Corrections prior to final of Los Sombras Restaurant Park Dear Mr. Baldi : The following items must be completed prior to the Department of Environmental Services clearance for final occupancy: 1. Provide trash enclosures per City requirements ; 2. Provide concrete walk between Building "A" and Rusty Pelican Restaurant, where missing; 3. Replace dead landscaping (especially vines) throughout project; 4. Stake trees along Highway 111 and any others unstaked; 5. Plant lawn on building site "R-3" and provide permanent irrigation; 6. Plant 24" box trees in parking lot tree wells per approved landscaping plan; 7. Plant 24" box Brachychiton Populneum (Bottle Tree) along Highway 111 per approved landscaping plan (60% of trees 24" box size); 8. Two pine trees in front of new City entry sign in front of Rusty Pelican not in approved location; and, 9. Install new City entry sign in front of Rusty Pelican per approved plan. Should you need any clarification , please contact Stan Sawa at this office. Very truly yours, A Murrel Crump Principal Planner MC/dj BALDI BROS. CONSTRUCTION State Lic. No. 249727 459 EGAN STREET BEAUMONT.CALIFORNIA 92223 TELEPHONE (714)845-2121 May 22, 1980 Mr. Paul Williams CITY OF PALM DESERT 45272 Prickly Pear Lane Palm Desert, California 92260 Re: Las Sombras and Rusty Pelican Projects Palm Desert, California Dear Mr. Williams: This will confirm our conversation of this date. We at Baldi Bros. Construction agreed and assured you that the landscape will be completed per the following schedule: Irrigation system to be complete by May 28, 1980. Drilling for the Palm trees will start on May 27, 1980 and be completed on May 29, 1980. Palm tree will arrive on May 28, 1980 and planted by May 30, 1980. Balance of landscaping will be completed by June 6, 1980. We will also assure you that any obstruction or debris will be removed around the Rusty Pelican area and parking lot. - Sincerely, BAL,D� BROS. CONSTRUCTION a Emanuel Baldi S `V �J i / moo HOTELS OC/)�`U ANCILLARY & COMPATIBLE COMMERCIAL USES Century Del Monte Hotel. Del The Arizona La Riviera Plaza Lodge Coronado Ambassador Biltmore Posada Hotel Bonaventure Hilton Restaurants X X X X X Ice Cream Shoppe Candy Store X Wine & Cheese Shop X Chess & Game Store X, Boutique X X X X Book Store X X X Exercise Spa Golf & Sporting Goods X X X Stock Brokerage Firm -X Gen. & Prof. Offices X X X X X Travel Agency X X X Bath Tile & Interior Decor Antiques & Gen. Merchandise X X X. Auto Rental X Art Gallery X X X X X Men' s Ready-To-Wear X X X X X X Women 's Ready-To-Wear X X X X X X X Optometrist Luggage & Leather X X X X Sundries X Interior Decorator/ Home Furnishing X C�`Financial Institution X X X Jewelery X X X X X X X X -" Specialty Housewares Barber/Beauty X X X X X X X X Nails & Accessories Men's/Women 's Shoes X X Silver/Gold Craftsman Cards & Gifts X X X X X X . X Active Sportswear X Liquor & Wine Shop X X X Indoor/Outdoor Plants X X X Real Estate Office X X Ticket Agency X X Limousine Service X X Tours X X X Airline Offices X X X Photography X X Furrier X X DETERMINATION OF ACCEPTABLE USES FOR PDR ASSOCIATES BY PLANNING COMMISSION BY MINUTE MOTION FEBRUARY 20, 1980 Hotels and Related ancillary commercial uses e. Clothing and Apparel Shops • Luggage and Leather • Jewelry • Silver/Gold Craftsman Gallery • Book Shop e Cards and Gifts o Art Gallery • Boutique s Golf and Sporting Goods Shop • Chess and Game Shop • Candy Shop • Liquor and Wine Shop e Exercise Spa • Figure Salon • Barber/Beauty • Nails and Accessories s Travel Agency e Optometrist o Bath Tile and Interior Decor .e Antiques Restaurants (and similar uses) e Five Restaurants ® Ice Cream Shop o Wine and Cheese Shop NOTE: General and Professional Offices to be clarified by Planning Commission at a later date. MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - FEBRUARY 20, 1980 1:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order at 1:00 P.M. by Chairman Snyder in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Berkey III. ROLL CALL Members Present: Commissioner Berkey Commissioner Kryder Commissioner Miller Chairman Snyder Staff Presdent: Paul Williams, Director of Environmental Services Murrel Crump, Principal Planner Stan Sawa, Associate Planner John Dos Santos, Assistant Planer Linda Russell , Secretary IV. APPROVAL OF MINUTES A. Minutes of regular meeting of February 20, 1980. Upon motion made by Commissioner Berkey, seconded by Commissioner Kryder, the Minutes of February 20, 1980, were approved as written. Carried unanimously (4-0). V. WRITTEN COMMUNICATIONS - NONE VI . PUBLIC HEARINGS - NONE VII. OLD BUSINESS - NONE VIII. NEW BUSINESS A. Approved Case No. DP 01-78, PDR ASSOCIATES, Applicant, (Represented by: Ballew-McFarland) Determination of permitted uses, and interpretation of a condition. Mr. Crump presen�Led this item, indicating that there were two subjects that Commission needed to consider related to this approved development plan: A) acceptable rases for the PC (4) zone; and, B) determination of the applica- tion of a condition of approval . Mr. Crump stated that the applicant submitted a list of potential tenants, which were categorized in the staff report under the three permitted uses for the PC zone, and "other uses". He then explained that a letter was received by the applicant's representative stating that two potential restaurant pads may not be under construction before the balance of the site is completed. Mr. Crump further stated that because of a condition of the development plan approval , the Commission would need to determine if the project can be done in phases, or if the intent of the condition was to require the project to be completed in its entirety before occupancy is granted. He recommended that the Commission make these determinations by Minute Motion. Commissioner Kryder and Commissioner Berkey stated that the ordinance needed a more precise interpretation as to what uses would be acceptable for this zone. Mr. Williams explained that the uses are determined in the PC zone by the Commission's decision as to what they feel would be acceptable for that particular development. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20, 1980 Page -2- VIII. NEW BUSINESS (continued) Commissioner Berkey also stated that the ancillary uses was not specific in the ordinance. He pointed out that it was not clear as to whether ancillary uses were categorized together with hotels and should be related together or not. Mr. Williams explained that the Commission can make a determination by using the concept of "resort" and what would be supportive of a hotel . Chairman Snyder stated that this was a difficult decision to make because the zoning ordinance was too liberal and the Commission would have to be careful in making the decision as to what is permitted and what is not. Commissioner Berkey and Commissioner Kryder felt it would be impossible to make a decision and suggested that the ordinance be re- written to specify what is acceptable. Chairman Snyder asked if the representatives of the applicant were present to comment on this project. MR. BOB GILROY, Partner for PDR Associates, stated that they were obligated to present a list of potential tenants to the Commission. He explained how he came up with this list and did feel all of these potential tenants are acceptable. Chairman Snyder asked Mr. Gilroy what he thought the hours would be for the businesses. Mr. Gilroy replied that most would have the same hours as the restaurants. Commissioner Mill.er asked how many shops would be there. Mr. Gilroy replied that his guess would be 10 to 20. Commissioner Kryder asked staff what would happen if one of the permitted tenants sold out and another different type of nonpermitted business attempted to come in. Mr. Williams stated that the business license would not be approved. Commissioner Kryder then pointed out that maybe it would be better to approve the businesses individually. Commissioner Berkey disagreed with this idea and felt that the only other way to do this is to make a list for the ordinance for the PC zone, specifying what is acceptable. Chairman Snyder suggested a zone change. Mr. Williams explained the purpose of the Planned Commercial zone and why that particular area is zoned Planned Commercial , Resort Center. Commissioner Berkey then suggested that they pick out from the list of potential tenants the ones that are acceptable. Commissioner Kryder asked Mr. Gilroy if the offices would be located on the second floor. Mr. Gilroy replied that they would. Commissioner Kryder asked Mr. Gilroy what was meant by the term "potential " restaurants. He wanted a clarification as to whether there would be restaurants or not. Mr. Gilroy explained that one restaurant is currently in plan check but plans for the other have not been submitted. He did add that the intent is to have all five restaurants there. After some discussion continued on this matter Commissioner Berkey suggested that they vote on each individual item. Commissioner Kryder stated that he needed some basis on how to judge each item. Commissioner Berkey explained what he felt should be classified in a General Commercial zone (for residents) vs. Planned Commercial Resort Center zone (for visitors) . MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20, 1980 Page -3- VIII . NEW BUSINESS (continued) Mr. Williams also clarified this by referring to the Redevelopment Plan, which identified the uses in the PC(4) zone as: hotels, motels, rest- aurants, theaters , entertainment facilities and related uses. The Commission agreed to vote on each item and concurred with staff' s _ permitted uses list with the exception of auto rentals. Commissioner Berkey made a minute motion to approve the staff's list as written under: Hotels and related ancillary commercial uses , with the item "auto rental " deleted , and the word store to be changed to shop; Rest- aurants (and similar uses) ; and listed under Other Uses , to include "Antiques" as a permitted ancillary commercial use. Commissioner Kryder seconded the motion with the additional items of "optometrist" and "Bath Tile and Interior Decor" , under Other Uses , to be added. Chairman Snyder asked if Mr. Gilroy cared to comment. Mr. Gilroy stated that he originally had this approved with the offices included. He explained how he had provided for the offices on the second floor, and now it has put him in a bind if they don't include these. Commissioner Berkey indicated he did not recall "offices" ever being brought up when it was approved. Chairman Snyder called for a 10 minute recess to give staff and applicant time to confirm this matter. COMMISSION RECESSED FOR 10 MINUTES AT 2:35 P.M. -- MEETING RECONVENED AT 2:45 P.M. At this time, Chairman Snyder recessed this motion to a later time of the meeting and continued to the Discussion Items. X. DISCUSSION ITEMS A. Article on Public Hearings Mr. Williams stated that he received this article on public hearings and thought that there were good points worth sharing with the Commission. It was included in the agenda for discussion and to allow the Commission to gain another point of view. B. Continued Discussion: General Plan Update A memo was distributed to the Commission relative to citizen input in General Plan Update. Mr. Williams reviewed the memo stating that the purpose of the report was to describe various ways to obtaining citizen input. He then described the techniques in which to involve residents: 1) Public Hearings; 2) Study Sessions; 3) Press Releases; 4) Public Forums. Mr. Williams recommended that they use Public Forums, and also for the Commission to adopt the method to disseminate a summary of the General Plan. Chairman Snyder asked about the size of the summary to be sent out to the public. Mr. Williams replied that it would be about five pages long. Chairman Snyder was in favor of that size. Commissioner Berkey questioned on the matter of setting up the proce- dure of giving further in-depth material to the public. He felt it was not necessary. He suggested that the summary mail out should also include a schedule of Public Hearing dates and a comment card. Staff explained that there were still a few elements of the General Plan Update to be discussed in future meetings. The Commission directed staff to hold back on the public dates schedule until discussion on the General Plan Update is completed. CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Matters relating to an Approved Development Plan Applicant(s) : PDR Associates , 1600 Dove, Suite 130, Newport Beach, CA (Represented by: Ballew-McFarland, 74-075 E1 Paseo, Suite A-7, Palm Desert, CA 92260) Case No: DP 01-78 (as amended) Date: February 20, 1980 I . REQUEST: Determination of acceptable uses, and interpretation of a condition of approval for a development in the P.C. (4) , S.P. (Resort Center, Planned Commercial , Scenic Preservation Overlay) zone located at the northwest corner of State Highway 111 and 44th Avenue. II . BACKGROUND: PREVIOUS PERTINENT CASES: e Case Nos.. DP 01-78 and VAR 01-78 (Amended) , PDR Associates, applicant; amended project, approved by Planning Commission Resolution No. 519, August 2, 1979. e Case No. DP 01-78 (Amended) and Design Review Case No. 92 C, subsequent revision, approved by Planning Commission Resolution No. 402, September 5, 1979. e Case Nos. DP 01-78 and VAR 01-78, HMS General Corp. , applicant; original request approved by Planning Commission Resolution No. 329, January 31, 1978. e Case No. PM 13559 (Revised) , map approved by Planning Commission Resolution No. 473, April 3, 1979. e Case No. PM 13559 (Original ) , map approved by Planning Commission Resolution No. 410, October 3, 1978. III . DISCUSSION: This matter comes before the Commission with two items for a determination: (1) Acceptable Uses in the P.C,..(4) zone; and (2) The application of a condition of approval with regard to phasing of site construction. A. DETERMINATION OF ACCEPTABLE USES: The Resort Center, Planned Commercial zone provides for hotels and related ancillary commercial uses , entertainment facilities , and restaurants. The applicant' s representative .has submitted a listing of "potential tenants and types of tenants expressing an interest in leasing space", which are categorized under the permitted uses in the following: Hotels and related ancillary commercial uses *No Hotel proposed as a part of this development e Clothing and Apparel Shops (various types) e Luggage and Leather s Jewelry e Silver/Gold Craftsman Gallery (need further description) e Book Store e Cards and Gifts e Art Gallery (borders on a questionable use) e Boutique (need further description) 9 Golf and Sporting Goods Store STAFF REPORT February 20, 1980 Page Two III . DISCUSSION: (Continued) • Chess and Game Store • Candy Store • Liquor and Wine Shop • Exercise Spa • Figure Salon • Barber/Beauty •.Nails and Accessories (need further description) • Travel Agency • Auto Rental (need further description of the activity proposed on this site) Entertainment facilities *None proposed as .a part of this development Restaurants .(and similar uses) • Five Restaurants (various sizes) • Ice Cream Shop • Wine and Cheese Shop (need further definition of use) In addition to the uses and services that can be related to permitted items, the applicant proposes the following list of other General Commercialrand District/Regional Center uses : Other uses • Optometrist • Stock Brokerage Firm • Real Estate .Office • General .and Professional Offices • Financial Institution • Interior Decorator/Home Furnishing • Bath Tile and Interior Decor • Specialty Housewares • Indoor/Outdoor Plants • Antiques and General Merchandise Staff believes there to be ample zoning and lands in the City to accommodate these "other" uses, and that they need not 'be included with the activities ., permitted in the Resort Center zone. B. INTERPRETATION OF CONDITION: The applicant's representative explains in his letter on this subject (attached) that, "two potential restaurant pads may not be under construction prior to completion of the balance of the site. " He states that he offers this explanation to clarify Condition No. 8 of Planning Commission Resolution No. 410, which reads as follows : "The proposed subject will be done in a single phase." Referring to the Background section of this report, you will note that Resolution No. 410 was superceded by Resolution No. 473, which approved a revised Parcel Map. This condition does not appear in the latest Map approval Resolution. But what does apply, , in this .instance, is a more complex condition -of the Development Plan approval (Planning Commission Resolution No. 519, Design Review Condition .No. 1) : "Prior to entering Plan Check, the applicant shall submit detailed construc- tion drawings to the Design Review Board for consideration and approval . Said drawings shall comply to the Conditions of Approval herein, to the Conditions of all related City approvals and all Municipal Codes. Said drawings shall be comprehensive as to their compliance with the submittal requirements as specified in the Boards application form. The building permit, when issued, shall include all elements reviewed and approved by the Design Review Board. No certificate of use and/or final clearance shall be given by the Department of Environmental Services until construction, in total compliance with the approved plans , shall have been completed." TAFF REPORT February 20, 1980 Page Three III . DISCUSSION: (Continued) — - - -The above is the operating condition which the Commission should determine the appropriate application of, relative to construction phasing. The applicant-has not previously submitted a phasing program for 'Commission review, therefore, some agreement as to .the original intent, in approving the project, needs to be reached. IV. 'STAFF RECOMMENDATION: By Minute Motion: A. Make a finding relative to the proposed uses for the project; and B. Determine whether the project may be phased, or whether the project should be completed in its entirety before occupancy is granted. Attachments : Letter and List LAS SOMBRAS VILLAGE PROSPECTIVE TENANT PROFILE Restaurants Ice Cream Shoppe Candy Store Wine & Cheese Shop Chess & Game Store Boutique Book Store Exercise Spa Golf and Sporting Goods Store Stock Brokerage Firm General and Professional Office Uses Travel Agency Bath Tile and Interior Decor Antiques and General Merchandise Auto Rental Art Gallery Men's Ready-To-Wear Women 's Ready-To-Wear Optometrist Luggage & Leather Figure Salon Interior Decorator/Home Furnishing Financial Institution Jewelry Specialty Housewares Barber/Beauty Nails and Accessories Men's/Women's Shoes Silver/Gold Craftsman Gallery Cards & Gifts Active Sportswear Liquor & Wine Shoo Indoor/Outdoor Plants Real Estate Office John Ballew David S.Buchanan Stephen A.Fleshman Robes McFarland AIA Dan Nicholl Rob PaNerson February 4, 1980 Planning Commission City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Palm Desert Restaurant Park Gentlemen: In response to a request by the .City Planning staff, I am submitting this list of potential tenants and types of ten- ants expressing an interest in leasing- space in the Restau- rant Park at Highway 111 and 44th Avenue. This letter will also serve to clarify Special Condition #8 of Resolution #410 of the Palm Desert Planning Commission pertaining to the phased completion of the Restaurant Park. The developer intends to complete all on and off site improve- ments to include parking, curb and gutter, and landscaping prior to occupancy of any buildings. It appears at this point that two potential restaurant pads may not be under construction prior to the completion of the balance of the site. Therefore, the developer wishes to clarify this matter at this time. Sincerely, 'I. Stephen leshman 0 Ballew/McFarland, Inc. SAF:kb 17848 74075 EIL PASEO BSUITE A-7 PALIMEDE ERT,CALIF.92260 rA4)568 5626 PLANNERS & ARCHITECTS CORPORATION t y� 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 7, 1980 PDR Associates 1600 Dove, Suite 130 Newport Beach, CA 92660 Re: Los Sombros Village- Case No. DP 01-78 Gentlemen: The approval of this project by the City of Palm Desert requires the undergrounding of all existing utility lines which are on or abutting the property. I have noticed that this project is fairly well along and it appears that no provisions have been made to accomplish this requirement. As you probably are aware, we will not be able to permit occupancy for any portion of the project until this matter is resolved. Therefore, I would strongly suggest that all the necessary provisions be made to complete this requirement as quickly as possible. I do apologize for not contacting you directly before this time on this matter. Very truly yours , Paul A. Williams , AICP Director of Environmental Services PAW/dj cc: DP 01-78 (Amendment) J FAR WEST 2701 Alton, P.O.Box 19561, Irs ina. Ca.92713 (714)540-9992 fa r zCSt November 2, 1979 NOV - 71979 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Mr. Murrel Crump Principal Planner City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Las Sombras Village Case No. 5 DPI 01-78 'nd VAR 01-78, Amended) , Reuben's #165 Dear Mr. Crump: Far West Services is in the process of finalizing interior plans for our proposed dinnerhouse at the above location. It is anticipat- ed that all plans will be submitted to the City of Palm Desert by November 1979. Assuming that plan check will be approximately four (4) weeks, a construction start date is anticipated for December 1979. The anticipated completion of the restaurant is scheduled to be done with the completion of the balance of the center. If any questions arise, please contact me directly. Sincerely, btiv�, Tom McCrystal Real Estate Manager ma cc George Steed PDR Associates I 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 October 17, 1979 PDR Associates 1600 Dove, Suite 130 Newport Beach, CA 92660 Re: Los Sombras Village (Case No(s) : DP 01-78 and VAR 01-78, amended) Gentlemen: The approval granted by the Palm Desert Planning Commission for the referenced project stipulated that it would be carried out in one phase. It has come to the attention of this department that the restaurant planned for the corner of 44th Avenue and Highway 111, may not be constructed prior to the completion of the balance of the project. If this is the case, you should take immediate action to do the following: 1. File an amendment to Case No. DP 01-78, requesting approval of a phased project. 2. Provide an interim landscape plan for the undeveloped area to be approved by the City Design Review Board (Case No. 92 C) You would need to contact this department to discuss item No. 1 and then be prepared to file the amendment request on Monday, November 5, 1979. Communications may be directed to the undersigned. Very truly yours , A� Murrel Crump Principal Planner Paul A. Williams , AICP Dir. of Environmental Services me/pw/dj CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Development Plan and Variance Amendments Applicant(s) : PDR Associates, 1600 Dove, Suite 130, Newport Beach, California Case.No(s) : DP 01-78 and VAR 01-78 (amendments) Date: July 31, 1979 I. REQUEST: Request for approval of an amendment to a previously approved Development Plan and off-street parking Variance to allow additional restaurant area and reduce commercial area in the P.C. (4) , SP zone (Resort Center Planned Commercial , Scenic Preservation Overlay) on property located at the north- west corner of State Highway 111 and 44th Avenue. 'LOCATIONAL MAP: - — - 0 VAR 0/- 44 � o � - I II. BACKGROUND: A. ADJACENT ZONING: North: C-11 S.P. South; PC (4), S:P. East: PC (4) , S.P. West: C-1, S.P. B. GENERAL PLAN LAND USE DESIGNATION: Resort Commercial C. ENVIRONMENTAL.ASSESSMENT: The proposed project has been previously assessed in connection with Case No(s) DP 01-78 and VAR 01-78 and no further documentation is deemed necessary by the Director. D. PREVIOUS PERTINENT CASES: Case Nos. DP 01-78 and VAR 01-78, HMS General Corporation, applicant; original request approved by Planning Commission Resolution No. 329, January 31, 1978. Case Nos. DP 01-78 (amended) and Design Review. Case No. 92C, subsequent revision, approved by Planning Commission Resolution No. 402, --_-._.__- -___-._September 5, 1979. STAFF REPORT Page Two Case Nos. DP 01-78 and VAR 01-78 (Amendments) E. ORIGINAL PROPOSAL: 5 restaurants, totaling 44,000 sq. ft. of floor area, with 536 parking spaces. F. 1ST AMENDED PROPOSAL: 3 restaurants, -totaling 32,000 sq. ft. of floor. area, plus 28,000 sq. ft. of anbillary; commercial area, with 515 parking spaces. G.. 2ND AMENDED PROPOSAL (CURRENT REQUEST) : 5 restaurants, totaling 35,100 sq. ft. of floor area, plus 24,900 sq. ft. of ancillary commercial area, with 508 parking spaces. H. PARKING ANALYSIS: Required -Restaurants 526.5 -Ancillary Commercial 99.6 Total : 626.1 - Proposed 508 spaces = 18.9% deficiency. III. DISCUSSION: The site plan for the current amendment being sought is essentially the same as has been previously reviewed: The elements of building arrangement along Highway 111, location of parking areas., and access restricted to 44th Avenue and Painters Path, are substantially as approved. The applicant indicates that all tenants now seem secure, and therefore, this specific amendment request is being sought to implement the project. The parking Variance Amendment now. being requested (18.9%) is the same percentage .originally granted when the project contained five restaurants. Staff feels that the considerations justifying the original. Variance (i .e. joint-use parking and variation in the hours of operation) . remain the same. IV. STAFF RECOMMENDATION: Based on the justification contained in the Resolution: Approve Case No. DP 01-79 and VAR 01-78, as now amended, by adopting Planning Commission Resolution No. subject to theconditions previously applied. John Bnllew David S.Buchanan Stephen A.Fleshmon Robert McFarland AIA Dan Nichols Rob Ponerson MEMO TO: Murrel Crump FROM: Steve Fleshman DATE : July 24, 1979 RE : The Revised Development Plan for Palm Desert Restaurant Park In response to your questions regarding the updated square footages and the intended hours of operation, I am'-submit- ting to you the following data: Restaurant 1 - Reuben ' s - 9300 square feet maximum Restaurant 2 - Rusty Pelican - 8360 square feet Restaurant 3 - To be named - 7720 square feet Res-taurant 4 - Etienne - 5360 square feet Restaurant 5 - House of Lamb - (tent. ) 4336 square feet Total Restaurant Square Footage -` 35076 Balance - 24900 Reuben 's , Rusty Pelican, and Restaurant 3 will be open for lunch and dinner. Etienne and House of Lamb may be open for dinner only. 17848 SKY PARK BLVD. IRVINE,CALIF.92714 (714)751-4623 PLANNERS & ARCHITECTS CO PORAORNIA 74075 EL PASEO SUITE A-7 PALM DESERT,CALIF.92260 (714)568-5626 PROOF OF PUBLICATION ( 2010i 2015.5 CCP) PROOF OF PUBLICATION OF CI"TY OF PALM DESERT—LEGAL NOTICE DP 01 78 I am a citizen of the United States and a resident of the County aforesaid; I am over the _____LEGAL-NOTICE age of eighteen years, and not CITY OF PALM DESERT Reauest for approval of M amendment to a previously approved Development Plan and off-street gpa party t o o r interested i n the rt=Varla im for a commercial center on approximately e.5 acres at the Northwest corner State Hwy. 111 and Nth Ave. above entitled matter. I am the CASE NO. DP 01-786 VAR 01-78 (Amendment) NOTICE IS HEREBY GIVEN that a public hearing will the held before the Palm Dascii principal clerk of the printer Plannln�Commission to eider a reouest by PDR Assoclates for approval of an amendment too Previous v approved Dew opmenf Plan and off-street parking Variance to allow oddltlonot restou. of PALM DESERT POST, a n e w p a pe r of rant arm a M reduce commercial area In the P.C. (4); an Canter Planned Commer- cial with a scenic Preservation Overig) pr perty located at the northwest corner of state H(vy- general circulation# printed 111 and Nth Avenue, more =lculorly described as: APN 621-M OM and published daily .in the APN621am-.00a ' ,. city of Riversides County of S i \ I Riverside# and which newspaper has been adjudged a newspaper of ~ general circulation by the0 . ;. Superior Court of the County of 4 TIP 40�t Riverside} State of California# under date of October 59 19641 Case number 83658; that the 7 / VAR OFF notices of which the annexed .is a printed copy# has been published in each regular and entire issue 3�awe� of said newspaper and not in any e Jll supplement thereof on the following SAID PWI1c Hearing will be hetdon: July31,1979,af.7:00o.in.In the Council Chambers In the Palm Desert CIN all, 45-275 Prlckiv Pmr Lane, Palm Desert, California, at which time and dates, to—wit: pFlace, an lnferesled persons are Invlted to attend and her PALL A: WILLIAM$, secretary Pam Desert Planning Commisslon 'r 07/19 91979 -__ PDPa%19 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated July 19, 1979 at Riversides California CITY OF PALM DESERT 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: JULY 13 , 1979 LEGAL NOTICE CITY of PALM DESERT Request for approval of an amendment to a previously approved Development Plan and off-street parking Variance for a commercial center on approximately 8 . 5 acres at the Northwest corner . of State Hwy. 111 and 44th Ave. CASE NO. DP 01-78 & VAR 01-78 (Amendment) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by PDR Associates for approval of an -amendment to- a previously approved Development Plan and - off-street parking Variance to allow additional restaurant area and reduce commercial area in the P.C. (4) , SP zone (Resort Center Planned Commercial with a Scenic Preser- vation Overlay) on property located at the northwest corner of State Hwy. 111 and 44th Avenue, more particularly described as : APN 621-302-005 APN 621-302-006 Q - s� ZIP Oi _• 44 TN. Y SAID public hearing will be held on: July 31, 1979 , at 7 : 00 p.m. in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, California, at which time and place, all interested persons are in- vited to attend and be heard. Paul A. Williams , Secretary Palm Desert Planning Commission Publish: Palm Desert Post ` July 19, 1'979 M A f 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: JULY 13 , 1979 LEGAL NOTICE CITY of PALM DESERT Request for approval of an amendment to a previously approved Development Plan and off-street park-ing Variance for a commercial center on approximately 8 . 5 acres at .the Northwest corner of State Hwy. 111 and 44th Ave. CASE NO. 'DP 01-78 & VAR 01-78 (Amendment) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a 'request by PDR• Associates for approval of an amendment to- a previously approved Development Plan and off-street parking Variance to allow additional restaurant area and reduce commercial area in the P.C. (4) , SP zone (Resort Center Planned Commercial with a Scenic Preser- vation Overlay) on property located at the northwest corner of State Hwy. 111 and 44th Avenue, more particularly described as : APN 621-302-005 APN 621-302-006 ifs oP D/ i 56 N VAR 0% E�E 44 tN AVE. jx[ 7 J J SAID public hearing will be held on: July 31, 1979 , at 7 : 00 p.m. in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, California, at which time and place, all interested persons are in- vited to attend and be heard. Paul A. Williams, Secretary Palm Desert Planning Commission Publish: Palm Desert Post July 19,- 1979. Jan Mitchell loth Floor 595 Madison Ave. New York, N.Y. 10022 �— Terry Heuer / v ` P.O. Box 5955 Sherman Oaks , CA 91413 �-- —' Paul Moller 72235 Painters Path Palm Desert, CA 92260 Ben Spector 5117 Tampa Ave. Tarzana, CA 91356 111 Development Corp. 74215 Highway 111 Palm Desert, CA 92260 Morgan Mitsubishi Develop- ment Co. 1251 Ave . of the Americas New York, NY 10020 Michael G. & Patricia A. Moss 1601''Ma'rket Madison, IL 62060 Paul Allison 47 Columbia Drive Rancho Mirage, CA 92270 Melvin Kahn 990 Orlando Road San Marino, CA 91108 Robert Harper Suite 550 Kennnecott Building Salt Lake City, Utah 84111 I NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO. PARCEL NO. NAME ADDRESS 621-301-011 Jan Mitchell loth Floor \ 595 Madison Ave. New York, New York i on2? 621-301-0 2 Terry Heuer P.O. Box 5955 \ Sherman Oaks, CA 91413 621-3 014 Paul Moller 72235 Painters Path Palm Desert, CA 92260 621-303\Ol Ben Spector 5117 Tampa Avenue Tarzana, CA 91356 21-303-0 ' 111 Development Corp. 74215 Hwy 111 \ Palm Desert, CA 92260 629-7 0-001 Morgan Mitsubishi Develop- 1251 Ave of the Americas \ ment Co. New York, New York 10020 6 9-021-002- Michael G. & 1601 Market St. \ Patricia A. Moss Madison. IL 62060 629-021'%8 Coachella, CA 92236 '621- 2-003 Paul Allison 47 Colturbia Dr. \ Rancho Miracre, CA 92270 6, 7 020-004 Melvin Kahn 990 Orlando Rd. 1 \\\ San Marino, CA 91108 J/ 629-023--01 Robert Hamer Suite 550 \ Kennecott Bldg. f - �y� 2 1979 ENV CITY, OF PALM DESERT S 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 ***DEVELOPMENT PLAN*** DEPARTMENT OF ENVIRONMENTAL SERVICES COMMERCIAT PLANNING DIVISION Applicant (Pleose print) - - I(oD0 �1r 130 7S2 Mailing A dress Telephone C-k qu a City State Zip-Code REQUEST: (Describe specific nature of approval requested) PROPERTY DESCRIPTION: uJ Ct4 K .Aj 411A U I 4 ASSESSOR IS PARCEL NO. r EXISTING ZONINGG Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNER IS)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IZATION FOR THE FILI THIS APPLICATION. R A AT S imited Partnership r sI AGREEM T ARSOLV TH CITY OF PALM DESERT OF ALL LIABK41ES RELATIVE TO ANY DEED RESTRICTIONS. I DO MY SIGNAT E ON THIS AGREEM , ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN. P AT a i d Partnership J. Robei 1 I ent S a Applicants nature P A 0 ES, Li. artnership o rt Gi1roy,S'�NresiEd t, San Miguel Equities, Inc, a General Partner _ (FOR STAFF USE ONLY VIRON MENTAL STATUS ACCEPTED BY ❑ MINISTERIAL ACT E.A.No. ❑ CATEGORICAL EXEMPTION CASE No. 0/-T'7 9 A"AtxA� ❑ NEGATIVE DECLARATION �(' Q ❑ -1��/ OTHER REFERENCE CASE N0. V-/F� Minutes v Page Three Palm Desert Design Review Board May 8, 1979 IV. DISCUSSION ITEMS: The Board discussed the following items for the purpose of providing design input to Staff and/or the applicants. A. Street trees on south side of Highway 111 between Deep Canyon Road and Panorama Drive -- The Board discussed the feasibility of utilizing street tree wells on the south side of Highway 111 between Deep Canyon and Panorama. It was generally felt by the Board that street trees adjacent to curb should be provided whenever possible. After some discussion regarding this item, the Board determined that even where the sidewalk width is 6 ft. , tree wells should be provided. The tree wells should be 3 ft. by 3 ft. , bricked-in, with the tree to be a minimum 30 inch box size Ficus nitida with a minimLM trirmmed overhead clearance of approximately 7 ft. Staff is to review the two recently approved projects on this block for compliance with this determination. _/B. Case No. 92 (DP 01-7 - Review of preliminary signing program for restaurant p e intersection of Highway 111 and Avenue 44. Applicant was present. The applicant presented a preliminary sign program and informed the Board that they are hoping to have final working drawings including landscaping and a signing program for the next Board meeting. The variety and styles of signs was discussed, with the applicant providing clarification. The Board stated that the main shop sign type used in the center should be either a type 'A' or 'B' sign. Type 'B' signs are acceptable as pedestrian signs. Type 'C' signs are acceptable provided they comply with the size requirements of 3 sq. ft. (3 sq. ft. on each side). The applicant indicated that they would present a wood-look plastic sign (type 'D' ) which they desire to use in the center. The applicant indicated that there would be no signs facing Highway ill. The applicant presented photographs of the proposed Rusty Pelican restaurant and informed the Board of the proposed signing for said restaurant. C. Moller Building on Painters Path - Review of proposed storage roan addition to lawn mower service building. Applicant was not present. Mr. Crump presented plans for a proposed 24 ft. by 24 ft. storage roan addition. It was the consensus of the Board that Staff could approve this item provided fill Code requirements are complied with, including adequate parking. V. ADJOURNNMENT -- 3:30 p.m. STAN SAWA, Associate Planner v= 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE Sept. 6, 1978 APPLICANT PDR ASSOCIATES c/o Jim Harris 1600 Dove St. , Ste. 130 Newport. Beach, CA 92660 CASE NO. : DP 01-78 (Amend. ) and 92C The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of Sept. 5, 1978 CONTINUED TO DENIED ' XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 402 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF 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.14.D. File CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Development Plan Amendment Applicant: PDR ASSOCIATES Case Nos. : DP 01-78 (Amend) and 92C Date: September 5, 1978 I. REQUEST: Request for approval of an Amendment to an approved Development Plan which provided for a 44,000 sq. ft. restaurant complex; 32,000 sq. ft. of restaurant space and 28,000 sq. ft. of ancillary commercial space now being proposed and an Amendment to the related parking Variance which previously reduced the number of required spaces from 660 to 536, the applicant now requesting a reduction from 592 spaces to 515 spaces on approximately 8.5 acres within the P.C. (4) S.P. zone located south of Highway 111 , east of Painters Path and north of 44th Avenue. II. STAFF RECOMMENDATION: Approve the revised Development Plan 'and Velated-Parking Variance by' - -Planning Commission Resolution No. 402. Justification: Development Plan 1 . The proposed development, as revised, is consistent with the City's adopted General Plan. 2. The proposed development, as revised, is consistent with the City's adopted Redevelopment Plan. 3. The design or improvement of the proposed development, as revised, will be consistent with the Palm Desert Zoning Ordinance. Variance for Parkin 1 . Employment of joint-' use parking will compensate for a considerable amount of the deficient parking spaces. 2. Variations in the hours of operation among the proposed restaurants will assist in reducing the peak number of vehicles at the site at any given time. 3. The mandatory findings the Planning Commission must make when grant- ing a Variance is specified in Sec. 25.78.070 of the Palm Desert Municipal Code are applicable to the subject case. III . BACKGROUND: A. Location: South of Highway 111 , east of Painters Path and north of Avenue 44. B. Size: Approximately 8.5 acres C. Zoning: P.C. (4) , S.P. Case Nos. DP 01-78 (Amend) and 92C September 5, 1978 Page Two III . BACKGROUND: (Cont. ) D. Adjacent Zoning: North -- C-1 , S.P. South - P.C. (4) , S.P. East - P.C. (4) , S.P. West - C-1 , S.P. E. Proposed Structures: 3 restaurants - 32,000 sq. ft. Ancillary commercial 28,000 sq. ft. F. Parking: Required - 592 spaces Provided - 515 spaces G. Coverage: Building coverage - 54,000 sq. ft. - 14% Service/Parking/Drives 181 ,000 sq. ft. - 47% Landscaping/Hardscape - 147,000 sq. ft. - 39% IV. DISCUSSION: Approved Development Plan The Development Plan originally approved for this site consisted of 44,000 sq. . ft. of floor area distributed among five separate restaurants. The structures proposed were situated along Highway Ill with extensive mounding and landscaping serving as an attractive barrier between the Highway and the structures. All of the proposed parking was provided between the line of restaurants and Painters Path. The requirement of 15 parking spaces per 1,000 sq. ft. of floor area for restaurants recessitated the need for a Parking Variance to reduce the number of spaces from 660 to 536. The Variance was granted by the Commission chiefly on the grounds that staggered operating hours would compensate for the parking spaces not being provided. Proposed Amendment The proposed amendment is basically a proposed change in the use of some of the floor space proposed. Whereas, the original Development Plan called for 44,000 sq. ft. of restaurant space, the present amendment calls out for 32,000 sq. ft. of restaurant floor area and 28,000 sq. ft. of ancillary commercial area. Three restaurants are now proposed rather than five; one of 13,400 sq.ft. , one of 9,000 sq. ft. and one of 6,800 sq. ft. Vehicular access proposed remains the same as originally proposed. Namely, that. no access is provided off of Highway 111, one entrance is provided off of 44th Avenue and two . entrances to the site are provided off of Painters Path. The location of the proposed structures is similar to that originally proposed, along Highway 111; an extensive landscaped buffer still being provided between the structures and the Highway. The proposed parking location and circulation remain virtually unchanged from the original plan. However, the 900 parking spaces originally proposed have given way to 600 spaces now proposed an element which will provide for easier maneuverability. Parking Variance Whereas, the applicant originally requested. a Parking Variance to reduce the number of parking spaces from 660 ,to 536, a reduction of 77 spaces is now being sought; from 592 to 515. The smaller reduction is due to the conversion of a considerable amount of building area 'from restaurant space requiring 15 parking spaces per 1,000 sq. ft. of floor area to- commercial space which requires a much lower parking ratio, 4 spaces per 1,000 sq. ft. of floor area. The Staff believes the same conditions warranting a parking variance previously still prevail under the amended development Plan so that a recommendation of approval is being made regarding the Parking Variance. The reduction being sought is much smaller than the original request. Case Nos. DP 01-78 (Amend) and 92C September 5, 1978 Page Three IV. DISCUSSION: (Cont. ) , Special Conditions Most of the Special Conditions of Approval are carry-overs from the original Conditions of Approval as they still apply to the present project being proposed. .Ingress and egress is still being confined to 44th Avenue and Painters Path. Curbs , gutters, sidewalks, tie-in paving and traffic safety lighting are still being required ._r as approved by the Director of Public Works; sidewalks being required along both 44th Avenue and Painters Path. Special Condition No. 4 requires the applicant to maintain the traffic island at Painters Path and Highway 111. A contribution to the City of Palm Desert Traffic Signalization Fund is being required in the amount of $10,000. Though two of the restaurants have been replaced by ancillary commercial space, the Staff still believes a complimentary architectural theme and comprehensive sign program are essential and these require- ments are contained in Special Conditions No. 8 and 9. Drainage as proposed in the original Development is unaffected by the proposed amendment, drainage fees still being required by the Ordinance and the storm drain requiring the approval of the Director of Public Works. MINUTES PALM DESERT DESIGN REVIEW BOARD MEETING AUGUST 22, 1978 1 . The meeting was called to order at 6:05 p.m. in the Council Chambers of the Palm Desert City Hall after an 1z hour study session. Members Present: Vern Barton Eric Johnson Bernie Leung Phyllis Jackson Jim Hill Paul Williams .Members Absent: Frank Urrutia Staff Present: Ralph Cipriani Ron Knippel Clyde Beebe It was moved by Leung, seconded by Barton, that the minutes of the meeting of August 8, 1978, be approved as written; carried 4-0 (Leung, Barton, Jackson, Johnson) . 2.FCase No. 92C - PDR ASSOCIATES - Preliminary design review for a restaurant park be located on the west side of Highway 111 , north of 44th Avenue. Applicant present. issues of concern centered on the City entrance 'and/or traffic island at nters Path and Highway 111 , landscaping in the parking lot area, and the vision of a sidewalk along 44th Avenue and Painters Path. C On a motion by Leung, seconded by Jackson, the Board approved the preliminary design , subject to the following: a. Special Condition No. 4 shall be corrected to read - Applicant shall main- tain the City entrance island at Painters Path and Highway 111 insofar as electrical energy and landscape maintenance is concerned. b. Special Condition No. 11 shall be changed to read - A 5 ft. sidewalk shall be constructed along 44th Avenue and Painters Path or an acceptable alter- native to the Design Review Board. c.- The applicant shall restudy the landscaping of the parking lot area. d. The traffic triangle at Painters Path and Highway III shall be restudied by the City Traffic Committee. Carried 4-0 (Leung, Jackson, Barton , Johnson) . 3. Case No. 143MF - WALTON, SMITH, & BRICKER - Preliminary site, floor and elevations for a 16 unit condominium to be located south of Highway III between Deep Canyon and Shadow Hills Drive. Applicant was present. The issues resolved were the maximum building height, the location proposed for fire places and accompanying chimneys , and the provision for additional landscaping between garages. On a motion by Leung, seconded by Jackson, the Board approved the preliminary site , floor and elevations, subject to the following: a. Special Condition No. 6 shall be changed to read - The maximum building height shall not exceed 27 ft. b. The applicant shall provide a cut-out for vertical landscaping adjacent to garages between the garage door and the next unit. Carried 4-0 (Leung, Jackson, Barton, Johnson) . �`! �ss3 �► -- s�,. ��` , a--E-�� ����� ��� 3u � = 0� 85 3� � $ �� ti. INTEROFFICE MEMORANDUM City of Palm Desert TO: CARLOS ORTEGA/ACTING DIRECTOR OF ENVIRONMENTAL SERVICES FROM: STAN SAWA/ASSOCIATE PLANNER SUBJECT: PAINTER"S PATH AND HIGHWAY 111 DATE: NOVEMBER 5, 1980 Pursuant to Councilman Snyder's request, I have checked the original approval (DP 01-78) for Las Sombras Village to determine whether Painter's Path, at Highway 111, was required to be provided with a cul-de-sac. I find no record of that being required as a condition or shown on a plan. The Design Review Board, at their meeting of August 22, 1978, in reviewing preliminary plans (92 C) required the intersection be restudied by the City Traffic Committee. There is no record in the files that this was done subsequently (excluding their recent review) . There are a 'couple of pre- liminary site plans which show the raised traffic triangle (as now built) at the intersection, which may account for how it came into existence. With regard to the status of the entry sign, my understanding is that the Las Sombras Village owner is attempting to talk the Rusty Pelican Restaurant into sharing the costs of installing the telephone pole fence and palm trees required to complete the entry sign. I have been assured that it will be completed in any case, and we are withholding final occupancy for Building "A" until the sign is completed. I hope this answers Councilman Snyder's concerns. S AN 1 � ' `- \✓ John Ballow David S.Buchanan SMphen A.Fleshman Robes M<Fadpnd AIA \wJ,w// I���fffA"`VfffA���JJJI Don Nichol) Rob Panerson MEMO TO: Murrel Crump FROM: Steve Fleshman DATE : July 24, 1979 RE : The Revised Development Plan for Palm Desert Restaurant Park In response to your questions regarding the updated square footages and the intended hours of operation, I am submit- ting to you the following data: Restaurant 1 - Reuben ' s - 9300 square feet maximum Restaurant 2 - Rusty Pelican - 8360 square feet Restaurant 3 - To be named - 7720 square feet Restaurant 4 - Etienne - 5360 square feet Restaurant 5 - House of Lamb - (tent. ) 4336 square feet Total Restaurant Square Footage - 35076 Balance - 24900 Reuben ' s, Rusty Pelican, and Restaurant 3 will be open for lunch and dinner. . Etienne and House of Lamb may be open for dinner only. 74075 EIL PASEO BSUITE A 7 PALM T,EDE DESERT,CALIF.92260 (714)568.5626 PLANNERS & ARCHITECT S CORPORATION PLANNING COMMISSION RESOLUTION NO. 402 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND- INGS AND APPROVING AN AMENDMENT TO AN APPROVED DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW RELATIVE TO THE SITE PLAN, AND RELATED PARKING VARIANCE ON PROPERTY LOCATED SOUTH OF HIGHWAY 111 , EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE . CASE NOS . DP 01-78 (Amend. ) and 92C WHEREAS , the Planning Commission of the City of Palm Desert , California, did hold a duly noticed Public Hearing on September 5, 1978, to consider a request by PDR ASSOCIATES for approval of an Amend- ment to an approved Development Plan which provided for a 44, 000 sq. ft . restaurant complex; 32 , 000 sq . ft . of restaurant space and 28, 000 sq. ft . of ancillary commercial space now being proposed and an Amendment to the related parking Variance which previously reduced the number of required spaces from 660 to 536, the applicant now requesting a reduction from 592 spaces to 515�spaces on approximately 8 . 5 acres within the. P .C. (4) , S.P . (Planned Commercial Resort , Scenic Preservation Overlay) zone lo- cated south of Highway 111 , east of Painters Path and north of 44th Ave- nue, more particularly described as : APN 621-302-003 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 is exempt from further environmental documentation ; and, WHEREAS, at said Public Hearing , upon hearing and considering all testimony and arguments, if any, the Planning Commission did find the following facts and reasons to exist to justify the approval of the subject Development Plan and Preliminary Design Review relative to the revised site plan : 1 . The proposed development , ass revised, is consistent with the City' s adopted General Plan . 2 . The proposed development , as revised, is consistent with the City' s adopted Redevelopment Plan. 3. The design or improvement of the proposed development , as revised, will be consistent with the Palm Desert Zoning Ordinance ; and, WHEREAS , at said Public Hearing, upon hearing and considering all testimony and arguments , if any, the Planning Commission did find the following facts and reasons to exist to justify the granting of a " Variance to reduce the number of parking spaces from the required 592 spaces to 515 spaces for the project : 1 . Employment of joint-use parking will compensate for a con- siderable amount of the deficient parking spaces. 2 . Variations in the hours of operation among the proposed restaurants will assist in reducing the peak number of vehicles at the site at any given time . 3. The mandatory findings the Planning Commission must make when granting a Variance is specificed in Sec. 25 . 78 . 070 of the Palm Desert Municipal Code, :.are applicable to the subject case. PLANNING C0MMISSION RESOLUTION NO. 402 Page Two 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 . The Planning Commission does hereby approve an amended Development Plan (DP 01-78 (Amend. ) for reasons stated, subject to conditions . 3. The Planning Commission in approving this Development Plan No. 01-78 (Amend. ) does hereby grant a Variance to reduce the number of parking spaces from the required 592 spaces to 515 spaces for the pro- ject . 4 . The Conditions of Approval for Case No. DP 01-78 (Amend. ) attached to this Resolution superscede all previous Conditions of Approval for related Case No . DP 01-78 . PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission , held on this 5th day of September , 1978, by the following vote, to wit : AYES : BERKEY, KELLY, SNYDER NOES : NONE ABSENT: KRYDER ABSTAIN: FLESHMAN GLORIA .KELLY, Chairman ATTEST : PAUL A. WILLIAMS , Secretary /ks PLANNING C0MMISSION RESOLUTION NO . 402 Page Three CONDITIONS OF APPROVAL CASE NOS . DP 01-78 (Amend . ) Standard Conditions : 1. The development of this project shall conform substantially to all revised-plans submitted in behalf of this case and as revised accord t ing to the Design Review Board process and/or Planning Commission action. Any minor changes requires approval by the Director of Environmental Services. Any substantial change requires 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 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 . Any roof mounted, exhaust , or air conditioning equipment shall be fully concealed from view from any public rights-of-way and ad- joining properties by architecturally integrated means , 5. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits . All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 6. All utility service and distribution lines on or abutting the sub- ject property, shall be placed underground prior to occupancy clearance . 7. Traffic control provisions shall be provided as required by the Director of Public Works . 8. Curb, gutter, sidewalk or approved pathways , and tie-in paving shall be provided in conformance with City Standards and/or as re- quired by the Director of Public Works . 9. The Fire Protection Requirements as specified in the Fire Marshal ' s memo dated Jan . 16 , 1978 , attached hereto, shall apply . 10. Prior to issuance of a building permit for construction of any use contemplated by this approval , the applicant shall first obtain permits and/or clearance from the following agencies : Riverside County Department of Health - -Palm Desert Design Review Board Process City Fire Marshal Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept . of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 11 . A landscaping, grading, lighting, amenities, trash storage , walkway layout, and irrigation plan shall be submitted through the Design Review Board. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. PLANNING COMMISSION RESOLUTION NO. 402 Page Four Special Conditions : 1 . No ingress and egress shall be allowed off of Highway 111 . 2 . All curbs, gutters., sidewalks , and tie-in paving improvements shall be required in the exterior of this tract . 3 . Applicant shall install traffic safety lighting as required by the Director of Public Works. 4. Applicant shall maintain the City entrance island at Painters Path and Highway 111 insofar as electrical energy and landscape maintenance is concerned. 5 . Applicant shall pay drainage fees in an amount to be determined by the City of Palm Desert ordinance provisions . 6 . The storm drain for this development shall be approved by the Director of Public Works . �y 7. The applicant shall- make a $10 , 000 contribution to the City of Palm Desert Traffic Signalization Fund. S. A complimentary architectural theme shall be utilized in the formulation of a design concept for the entire complex. 9. A comprehensive sign program shall be submitted for the entire project through the City ' s Design Review process prior to the is- suance of any building permits. 10. Parking lot lighting shall be approved by the Design Review Board. 11 . A five ( 5) foot sidewalk shall be constructed along 44th Avenue and Painters Path or an acceptable alternative to the Design [ Review Board. Design Review Conditions : 1 . Prior to entering Plan Check, the applicant shall submit detail- ed construction drawings to the Design Review Board for consid- eration and approval . Said drawings shall comply to the Condi- tions of Approval herein , to the Conditions of all related City approvals and all Municipal Codes. Said drawirigs shall be com- prehensive as to their compliance with the submittal require- ments as specified in the Boards application form. The building permit , when issued, shall include all elements reviewed and approved by the Design Review Board. No certificate of use and/or final clearance shall be given by the Department of Environmental Services until construction is in total compliance with the approved plans , shall have been completed. L 2 . In addition , the applicant shall submit particular detailed plans, as a part of the construction drawings, for the follow- ing items which the Board feels are of major concern : a. Wall materials - both on the interior & exterior of the pro- ject . b. Mechnical equipment locations, such as A/C units . C . Comprehensive sign program d. Major entrance to the project . e . Restudy landscaping and nar'-ing lot area. PLANNING COMMISSION RESOLUTION NO . 402 Page Five Design Review Conditions : (Cont . ) 2 . f . Restudy of traffic triangle by City Traffic Committee . I - AGREEMENT I accept and agree, prior to use of this. permit or approval , to comply with all the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Late) (Applicant ' s Signature) PLANNING C01MIIISSION RESOLUTION NO. 402 Page Six January 16, 1973 Paul -A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Ln. Palm Desert, Ca. 92260 Reference: Case No. DP-01-78 Gentlemen: Prior to construction of any of the proposed buildings , the following conditions must be met: I 1 . Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. I A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the origi- nal and three (3) copies of the water system plan to the 'Fire Marshal for re- v ievi. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification : "I certify that the de- sign of the -water system in Case Number DP-01-78 is in accordance with the re- quirements prescribed by the Fire Marshal . " 5. All buildings shall be protected by a fully automatic fire sprinkler system in accordance with NFPA Standard Number 13. Very truly yours , David L. Flake, Fire Chief Bud Engel , Fire Marshal BE:dt 46.10 Southern California Edison Company 36-ICO CATHEDRAL CANYON .:RIVE_ CATHEDRAL CITY, CALIFOFNIA 92234 August 18, 1978 TO: City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Project: DP 01-78 (Amend.) and 92C Environmental Impact Report Gentlemen: This is to advise that the subject property .s located within the service territory of the Southern California Edison Comoany, and that the electric loads of the project are within parameters of . rojected load growth which Edison is planning to meet in this area. Unless the demand for electrical generating capacity exceeds our estimates, and provided that there are no unexpected ouages to major sources of electrical supply, we expect to meet our electrical _aad requirements for the next several 'ears. Our total system demand is expected to conti::ae to increase annually; and, if our plans to proceed with future cons ruction of new generat- ing facilities are delayed, our ability to serve all ct Comer loads during peak demand periods could become marginal by 1981. In addition, the major fuel used in Edison's generating facilities is low sulfur fuel oil. we now believe our low sulfur :1el oil inventory, together with our contractual commitments for delivery, and our customers' conservation efforts, will permit us to meet the foreca.=_ed demand for electricity during 1978. It is our intention to continue to do everything that can reasonably be accomplished to provide our customers with a continuous and sufficient supply of electricity. Very truly yours, P6mnar;0 Glenn B Customer Service Planner GB:ae (Rev. 11/77) PALM DESERT CITY HALLS DEPT. OF ENVIRONMENTAL SERVICES P.O. BOX 1977 PALM DESERT CA 92260 ,, n SOUTHERN CALIFORNIA gC1S COMPANY 3700 CENTRAL AVENUE RIVERSIDE, CALIFORNIA Mailing Address P.O. BOX 2200, RIVERSIDE, CALIFORNIA 92516 August 15, 1978 Location of Nearest Gas Main: Painters Path City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: DP 01-78 (Amend.) and 92C 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. AUG 17 1979 R. .C. Wright Distribution Planning. Supe.rvi.sor ENVIRONMENTAL SERVICES . INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: DP 01-78 and 92C DATE: August 14, 1978 No ingress or egress shall be allowed off of Highway ill . All curbs, gutters, sidewalks and tie-in paving improvements shall be required on the exterior of this tract. This development shall install traffic safety lighting as required by the Director of Public Works. This development shall maintain the traffic island at Painters Path and Highway 111 insofar as electrical energy and landscape maintenance is concerned. This development shall pay the required drainage and park fees as outlined in the City Ordinance, The storm drain for this development shall be approved by the;Director of Public Works This development shall make a contribution of $10,000 to the City of Palm Desert Traffic Signalization Fund. Minutes Palm Desert Plain_ _.g Commission September 5, 1978 Page Nine VII . PUBLIC HEARINGS (Cont . ) E . Case Nos. CUP 10-78 and 143MF (Cont . ) DWAYNE BRICKER, applicant , asked for clarifi- cation of the Design Review Board requirement for the tennis court to be 6 ft . into the ground. He also stated that he agreed with the conditions , but he would like to discuss the fire place issue . Mr . Williams noted the Design Review Boards ' concerns with the chimneys . They requested that they either be eliminated or relocated. Special Condition No . 4 was changed to read - The proposed tennis court shall. be recessed a 99 ' elevation from the adjacent property line grade . Special Condition No . 2 shall read - The proposed chimneys shall be deleted. Add Special Condition No . 10 to read - The applicant shall add a driveway on the southerly side of the parking area off of Deep Canyon . On a motion by Commissioner Fleshman , seconded by Commissioner Berkey, the Commission approved the cases with the noted change in conditions by Planning Commission Resolution No. 401 ; carried unani- mously (4-0) . Commissioner Fleshman excused himself from the next two cases and Deft the room being excused for the rest of the meeting. F. Case No DP O1-78 ( mend. ) and 92C, PDR ASSOCIATES,�— Applican Request for approval of an Amendment to an approved Development Plan which provided for a 44. 000 sq . ft .. restaurant complex; 32 , 000 sq. ft . of restaurant space, and 28, 000 sq. ft . of ancillary commercial space now being proposed and an Amendment to the related park- ing Variance which previously reduce the number of re- quired parking spaces from 660 to 536 , the applicant now requesting a reduction from 592 spaces to 515 spaces on approximately 8 . 5 acres within the P .C. (4) S .P . zone located south of Highway 111 , east of Pain- ters Path and north of 44th Avenue . Mr . Williams reviewed the cases and noted that 2 restaurants had been eliminated and therefore the parking space reduction re- quest was reasonable since there would still be parking on Painters Path available . Commissioner Berkey noted that the traffic on Painters Path and Highway 111 was a dangerous one and could the 'City consider an alternative, such as cul-de-sacing or right turn only. Mr . Williams stated he would forward this recommendation to the Director of Public Works . The Commission decided cul-de-sacing would be the best alternative as it would provide for more parking area. Chairman Kelly declared the Public Hearing open and asked if the applicant would like to speak at this time . The applicant not being present, Chairman Kelly asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed project . Being none, she declared the Public Hearing closed and asked for the pleasure of the Commission. On a motion by Commissioner Snyder , seconded by Commissioner Berkey, the Commission approved the Amendment to the case by Plan- ning Commission Resolution No. 402 ; carried ( 3-0-1 ) AYES : Berkey , Kelly, Snyder; ABSTAIN : Fleshman PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 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 Proof of Publication of 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 ------CZxX---QF___PALM---DESERT--------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior ----CASE NOS. DP 01-78 (Atnend.- &...9.2C_ 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 LEGAL NOTICE reaapp ov FOR ASSOCIATES far whicapprh P of id d far Amendment to CITY OF PALM DESERT 0pn opMoved Development Plan which Provided for a d4,000 50. it. restaurant mplez. 2.000 W. ft. of restourant open space the following dates to-wit: 12EOU EST FOR APPROVAL OF AN AMENDMENT 70 AN and 28.000 50. 11. Of anC�ilOP� COmmetclal now being pr000sifd APPROVED DEVELOPMENT PLAN WHICH PROVIDED CCnn ry� ry1 7S 7ME RELATEDNPARK6 NGEVARNANCE ON APPRO%1- o ouslV retlucedmlhe numbOrpopf red u�edngag cesrom 5fr m 660 o 53, •EAST LOF PACINTE RSCPATH SANDHtJOORTIH OF ddT F( SpbcC IW app OxITU1CI1Va8.5 aCPCKti within the P.C.IdI S.P. I Plpnned Commercial Resort, Scanlc Preservation Overlay) `AVENUE. zone located south 01 Highway 111, Cost of Painters Path and CASE NOS. OP 0178 (Amend.) and 92C vNO710E IS HEREBY GIVEN that a Public HOaAnp will bC rrorih of ddth Avenue, APH�rticVlrIv described Os: 8�1 7 /78 held before the Palm DCxrt Planning Commissl0n to Consitler o 730022 ---------EI --- ------------------------------------------------ W Wft certify (or declare) under penalty or perjury that the foregoing is true and correct. 4 0� lrW-IDi a o f o b `y a AUG. 17 ,_-_ 8 - - 44 TN AVC. — .._—__ 197 E E Date---------------------------------- J J at Palm Desert, California %P 8 SAID Public Hearing will be held on Tuesday, September 5 and be heard. 1978, at 7:00 p.m. in the Council Chambers in the Palm Deserl PAUL A. WILLIAMS, secretary eIr Hall.45-275 Prickly Poor Lone. Palm Desert,callwnio,at Palm Desert Planning Commission POP.8/17tl Which time and place,all Interested persons ore invited to attend Jan Mitchell loth Floor HMSGGeneral C rp. 595 Madison Ave. Step n A. eshman New York, NY 10022 J4-133 Paseo Palm_ ese i , CA 92260 Terry Heuer PDR Assoc. �\ ��� 1037 Camino Flores 1600 Dove St. Str - Thousand Oaks, CA 91360 Newport Beach, CA 92600 Jim Harris Paul Moller Steve Fleshman 72235 Painters Path HMS Genl Corp. Palm Desert, CA 92260 74-075 E1 Paseo Ste. A7 Palm Desert, CA 92260 Ben Spector 5117 Tampa Avenue Tarzana, CA 91356 111 Development Corp. 74215 Highway Ill Palm Desert, CA 92260 Morgan Mitsubishi Dev. 1251 Ave of the Americas New York, NY 10020 Micahel G. & Patricia Moss 1601 Market St. Madison, IL 62060 Paul Allison 47 Columbia Dr. Rancho Mirage, CA 92270 Melvin Kahn 990 Orlando Rd. San Marino, CA 91108 Robert Harper Ste 550 Kennecott Bldg. Salt Lake City, UT 84111 IP DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE COUNTY - CALIFORNIA DIVISION OF FORESTRY �R/VERS/DEr...., DAVID L. FLAKE COUNTY FIRE WARDEN P.O. BOX 248 210 WEST SAN JACINTO STREET - PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-318 Tri-Cities Fire Marshal 70-800 Highway 111 Rancho Mirage, Ca. 92270 August 17, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Case No. DP 01-78 (Amended) and 92C Dear Mr. Williams, We have no comments or recommendations regarding the amendment to this case. David J. Ortegel Fire Marshal DJO:dt AUG 171978 ENVIIi[rWacryigL SEHVICES INTEROFFICE MEMORANDUM City of Palm Desert TO: Paul A. Williams, Director of Environmental Services FROM: Ronald Knippel, Assistant Planner SUBJECT: LL�Case No. DP 01-78 (Amend. ) DATE: Aug. 14, 1978 This project was reviewed and considered exempt from further environmental documentation when originally submitted in January 1978. Accordingly, no further documentaion is necessary at this time. See Case DP 01-78 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 August 14, 1978 LEGAL NOTICE CITY OF PALM DESERT REQUEST FOR APPROVAL OF AN AMENDMENT TO AN APPROVED DEVELOPMENT PLAN WHICH PROVIDED FOR A RESTAURANT COM- PLEX AND AN AMENDMENT TO THE RELATED PARKING VARIANCE ON APPROXIMATELY 8.5 ACRES LOCATED SOUTH OF HIGHWAY 111 , EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 (Amend. ) and 92C NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by PDR ASSOCIATES for approval of an Amendment to an approved Development Plan which provided for a 44,000 sq. ft. restaurant complex, 32,000 sq. ft. of restaurant open space, and 28,000 sq. ft. of ancillary commercial now being proposed and an Amend- ment to the related parking Variance which previously reduced the number of required spaces from 660 to 536, the applicant now requesting a reduction from 592 spaces to 515 spaces on approximately 8.5 acres within the P.C. (4) S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone located south of Highway 111 , east of Painters Path and north of 44th Avenue, more particularly described as: APN 621-302-003 Ile O � I O' 0 K a o D ft C O N JE E 4 4 rN AVE. J J SAID Public Hearing will beheld on Tuesday, September 5, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 17, 1978 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : DP 01-78 (Amend. ) 'and 92C Project: Development Plan and Parking Variance Amendment Applicant: PDR ASSOCIATES Enclosed please find materials describing a project for which the following is being requested: Approval of an Amendment to an Approved Development Plan which provided for a 44,000 sq. ft. restaurant complex and an amendment to the related parking Variance which previously reduced the number of required parking spaces from 660 to 536; the applicant now is requesting a reduction from 592 spaces to 515 spaces. 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. Aug. 18 , 1978, in order to be discussed by the Land Division Committee at their meeting of Aug. 23rd 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: PREVIEW COMMITTEE: Palm Desert Director of Environmental Services - Paul Williams ✓ 2�. Palm Desert Director of Building & Safety - Jim Hill Z3.. Palm Desert Director of Public Works - L. Clyde Beebe . Palm Desert Fire Marshall - Dave .Ortegel 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. 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 (Phone: 345-2831) 10. Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 (Phone: 328-8871) 11. Kermit Martin Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) 12• Chuck Morris General Telephone Company 62-147 Desertaire Road Joshua Tree, California 92252 (Phone : 366-8389) 13. R. W. Riddell Engineering Department / Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) J 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 111 Palm Desert, Ca. 92260 (Phone: 346-6920 24. Robert I. Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 El Paseo Palm Desert, Ca. 92260 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 August 14, 1978 LEGAL NOTICE CITY OF PALM DESERT REQUEST FOR APPROVAL OF AN AMENDMENT TO AN APPROVED DEVELOPMENT PLAN WHICH PROVIDED FOR A RESTAURANT COM- PLEX AND AN AMENDMENT TO THE RELATED PARKING VARIANCE ON APPROXIMATELY 8.5 ACRES LOCATED SOUTH OF HIGHWAY 111 , EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 (Amend. ) and 92C NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by PDR ASSOCIATES for approval of an Amendment to an approved Development Plan which provided for a 44,000 sq. ft. restaurant complex, 32,000 sq. ft. of restaurant open space, and 28,000 sq. ft. of ancillary commercial now being proposed and an Amend- ment to the related parking Variance which previously reduced the number of required spaces from 660 to 536, the applicant now requesting a reduction from 592 spaces to 515 spaces on approximately 8.5 acres within the P.C. (4) S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone located south of Highway 111 , east of Painters Path and north of 44th Avenue, more particularly described as: APN 621-302-003 ® a Y - I 0 e� o 9 D 0 C N .E E 4 4 'rR AVE. J J - SAID Public Hearing will beleld on Tuesday, September 5, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 17, 1978 NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON DP CASE NO. JOB NO. PARCEL NO. NAME ADDRESS i .. ; 4//55�-275yyPPRICKLY PEAR LANE, PALM DESERT CA. 92260 ***DEVELOPMENT PLAN*** DEPARTMENT OF ENVIRONMENTAL SERVICES COMMERCIAL PLANNING DIVISION PD3Z A�..Aocla�s `lo JI�A I�taas Applicant (please print) _ I(oDD 1),y, Mailing Address Telephone City State Zip-Code REQUEST: (Describe specific nature of approval requested) f1Q"DDrOV� �F �A.1. -tar 7- r a4 yaw L in m ayc l(n,u. d k SZ t� ao nn ;I ooa --co T-T VAC', I� 004AMog 77 b y PROPERTY DESC�IPTIONG NM/ Garzixt Ay, III ASSESSOR IS PARCEL NO. ` / V. EXISTING ZONINGc ( ) �L�rJIJPD GaMIU .cIA-L, `mod Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE O R(S)OF/TVE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IZATION FOR THE FILING OF THIS APPLICATION. SIGNATURE DATE AGREEMENT ABSOLVING THE CITY OF PALM 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. 0 ! IGNATURE DATE Applicants Signature 4W . KZY SIGNATURE U DATE (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED BY ❑ MINISTERIAL ACT E.A. No. o ❑ CATEGORICAL EXEMPTION - CASE NO❑ NEGATIVE DECLARATION El OTHER OTHER REFERENCE CASE NO. �j" 0 I— 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 August 14, 1978 LEGAL NOTICE CITY OF PALM DESERT REQUEST FOR APPROVAL OF AN AMENDMENT TO AN APPROVED DEVELOPMENT PLAN WHICH PROVIDED FOR A RESTAURANT COM- PLEX AND AN AMENDMENT TO THE RELATED PARKING VARIANCE ON APPROXIMATELY 8.5 ACRES LOCATED SOUTH OF HIGHWAY 111 , EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 (Amend..) .and(�92C NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by PDR ASSOCIATES for approval of an Amendment to an approved Development Plan which provided for a 44,000 sq. ft. restaurant complex, 32,000 sq. ft. of restaurant open space, and 28,000 sq. ft. of ancillary commercial now being proposed and an Amend- ment to the related parking Variance which previously reduced the number of required spaces from 660 to 536, the applicant now requesting a reduction from 592 spaces to 515 spaces on approximately 8.5 acres within the P.C. (4) .S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone located south of Highway 111 , east of Painters Path and north of 44th Avenue, more particularly described as : APN 621 -302-003 a i a � E � e 44 rN AVE. _. __.. J J s SAID Public Hearing will be hald on Tuesday, September 5, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 17, 1978