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RESOLUTION NO. 85-11
A RESOLUTION OF THE CITY COUNCIL OF THE CIT'Y
OF PALM DESERT, CALIFORNIA, DENYING a CHAIVGE
OF ZONE, PRECISE PLAN OF DESIGN AND EIGHT LOT
SUBDIVISION FOR A 128,100 SQUARE FOOT
COMMERCIAL SHOPPING CENTER ON LAND BOUNDED
BY THE PALM VALLEY STORM CHANNEL, EL PASEO,
PAINTERS PATH, AND HIGHWAY 111.
CaSE NOS. C/Z 84-11, PP 84-31, and TT 20351
WHEREAS, the City Council of the City of Palm Desert, California, did on the
13th day of December, 1984, hold a duly noticed public hearing and continued hearing on
December 27, 1984, and January 24, 1985, to consider the request of WESTAR
ASSOCIATES (FOR HOME SAVINGS OF AMERICA) for approval of a change of zone from
PR-6 S.P. (planned residential, maximum six d.u. per acre, scenic preservation overlay) to
PC (3) S.P. (regional commercial, scenic preservation overlay) for 12.5 acres on land
bounded by the Palm Valtey Storm Channel, El Paseo, Painters Path, and Highway 1! 1,
more particularly described as:
aPIV'S 629-060-034
629-022-006
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said city council did find
the following facts to justify the denying of said change of zone, precise plan of design,
and subdivision:
1. The project will endanger the public peace, health, safety, and general
welfare of the surrounding residential property owners.
2. Traffic and noise generated by the project will have a detrimental affect on
surrounding property owners.
3. The project will aesthetically have a negative impact on the surrounding
residential properties.
4. The rezoning of the property from residential to commercial would be
incompatible with existing developments in the immediate area.
WHEREAS, the planning commission adopted Resolution No. 1018, entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING A
CHANGE OF ZOIVE, PRECISE PLAIV OF DESIGIV AND
EIGHT LOT SUBDIVISION FOR A 128,100 SQUARE FOOT
COMMERCIAL SHOPPING CENTER ON LAND BOUNDED
BY THE PALM VALLEY STORM CHANNEL, EL PASEO,
PAINTERS PATH, AND HIGHWAY 111.
CASE NOS. C/Z 84-11, PP 84-31, and TT 20351
setting forth their decision on said appiication; and
and
WHEREAS, the applicant appealed said decision to the Palm Desert City Council;
WHEREAS, the Palm Desert City Council on December 13, 1984, did hold a duly
noticed public hearing on said appeal; and
WHEREAS, the Palm Desert City Council upon hearing testimony from all
interested parties determined that an environmental impact report was warra�ted on said
project and instructed staff to prepare said document with the applicant to bare the cost
of preparation; and
WHEREAS, the Palm Desert City Council did at its meeting of December 24, 1984,
vote to reconsider its action of December 13, 1984, basing its decision on the following:
1. That adequate information and testimony had been received to evaluate the
request and the project and make a determination thereon.
2. It would be unfair to require the applicant to bear the costs of a full
environmental impact report because adequate information was available
for council to make its findings and decision.
RESOLUTION NO. 85-11
3. An environmental impact report would not address the issue of the impact
on the quality of life of adjacent residences which should be an important
consideration in evaluating said applications.
WHEREAS, the Palm Desert City Council did on �anuary 24, 1985, hold a duly
noticed public hearing to reconsider its action of December 13, 1984; and
WHEREAS, after considering the testimony of those wishing to testify and relying
on said testimony and the testimony received at its meeting of December 13, 1984, the
Palm Desert City Council determined the following to be its findings:
1. While the city's general plan identified the area as a potential commercial
site the issue and site were not specifically evaluated at the time of the
general plan's adoption.
2. The present zoning (PR-6 Planned Residential six units per acre) is more
compatible with existing developments adjacent to the site.
3. The proposed rezoning to regional commercial would be endangerous and
injurious to the public peace, health, safety, and general welfare in that:
a. The intensity of development permitted under said zone would be
incompatible with adjacent residential development.
b. A pro ject would not be developed in a manner that would be
compatible with adjacent residential development.
c. Traffic and noise generated by a commercial development would
unduly impact adjacent residences.
4. The general plan should be amended to reflect a more compatible zoning.
5. An environmental impact report would not address the social, aesthetics,
and personal concerns and objections raised and said concerns could not be
mitigated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, as follows:
1. T'hat the above recitations are true and correct and constitute the findings
of the council pertaining to this application;
2. The requested change of zone, precise plan, and tentative tract applications
are hereby denied approval.
3. The City of Palm Desert's Department of Environmental Services is
instructed to commence hearings to amend the city's general plan.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 14th day of February, 1985, by the following vote, to wit:
AYES: BENSON, JACKSON, KELLY, WILSON, AND SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE /
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WALTER H. SNY R, ayor
ATTEST:
l�� l�G.�,..�.;� � � �. k�
SHEILA R. ILLIGAN, ity le
City of Palm Desert, California
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