Loading...
HomeMy WebLinkAbout8/1/2001 - STAFF REPORTS (23) DATE: August 1, 2001 TO: City Council FROM: Director of Planning & Building CASE NO. 5.0883-APPLICATION BY LAKSHMAN &CHRISANTHIE WICKREMESINGHE FOR A CONDITIONAL USE PERMIT TO OPERATE A4,460 SQUARE FOOT PRIVATE MONTESSORI SCHOOL FOR CHILDHOOD EDUCATION ON A 0.53 ACRE PARCEL AT THE NORTHEAST CORNER OF VISTA CHINO AND VIA NEGOCIA (1800 VISTA CHINO), P ZONE, SECTION 1. RECOMMENDATION: The Planning Commission recommends that the City Council approve Case No. 5.0883, a Conditional Use Permit for a private educational institution located on a major thoroughfare. The applicant proposes to operate a Montessori school in an existing 4,460 square foot building, with 3,540 square feet of classroom space, 345 square feet of office and storage area, 350 square feet of restroom area, 225 square feet of reception area and 10,113 square feet of outdoor playground area. The single building is located on a 0.53 acre parcel, located at the northeast corner of Vista Chino and Via Negocio (1800 Vista Chino), P Zone, Section 1. The applicants are Lakshman and Chrisianthie Wickremesinghe. SUMMARY: The applicants seek approval of a Conditional Use Permit to operate a private school serving grades K-5. The proposed hours of operation will be from 7am to 6 pm, Monday through Friday. The applicant intends to have approximately 100 children and 7 full time and 4 part time teachers on site.The maximum number ofstudents and employees anticipated on the premises atone given time would be approximately 111. BACKGROUND: Pursuant to Zoning Ordinance Section 94.02.00(Conditional Use Permit), a Conditional Use Permit (Type 2) to allow a private elementary school on land zoned P (Professional) is being requested. Zoning Ordinance Section 94.02.00 allows private educational institutions on major thoroughfares following Planning Commission review and City Council approval of a Conditional Use Permit. The applicant owns and operates four Montessori schools. The building is presently vacant. The property owner has submitted a site plan and parking analysis specifying the number of parking spaces provided on site. The site currently has a total of 18 parking spaces, including one 15'wide disabled accessible parking space. Based on the proposed use, a total of 11 parking spaces would be required and 18 spaces will be provided, therefore the proposed site complies with municipal parking requirements. A bus stop is available one block away, at the intersection of Vista Chino and Sunrise. e2YA LAND USE/GENERAL PLAN/ZONING: The following table indicates the present land use and General Plan designation and Zoning of the surrounding parcels. Land Use/ General Plan/Zoning Table Land Use General Plan Zoning North unimproved (P) Professional (P) Professional South Stater Brothers (CSC) Community (CSC) Community shopping Center Shopping Center Shopping Center East unimproved (P) Professional (P) Professional West vacant bank building (P) Professional (C-1) Central Retail The site is located approximately 200 feet from the nearest residence to the east and approximately 400 feet from residences to the north. RIGHT OF WAY DEDICATION: Vista Chino is designated as a Major Thoroughfare on the General Plan Circulation Map.The Major Thoroughfare requires a street width of 100', thus a 50' half street right of way. Adjacent to the site, Vista Chino has been constructed with 40' of half street right of way. A 3' tall garden wall runs the length of the parking lot street frontage and is located 10' behind the property line along Vista Chino.An additional 1 O' of right of way is required to be dedicated to comply with the General Plan and allow for future road widening. CIRCULATION ISSUES: The applicant is concerned with student safety.The school requires that parents park their cars and escort students into the school. Because of a raised landscaped median, the site is accessible only to west bound traffic on Vista Chino. A similar median on Sunrise Way is split at the intersection of Via Negocio, permitting both north bound and south bound turning movements .The alley behind the site, which runs parallel to Via Negocio and connects Vista Chino to Sunrise Way, provides access for Waste Disposal service to the businesses located along Via Negocio. The alley will not be utilized as a drop-off lane for the school. ENHANCED LANDSCAPING: The site landscaping is sparse. Section 9306 of the Zoning ordinance requires a minimum of 30% parking lot shading. The applicant is required to plant additional landscaping to meet this code requirement and upgrade the entire site's landscaping. AIRPORT NOISE AREA: The project site is located at the border of the 60db CNEL Airport noise contour. The project has been reviewed by the Airport Director, who indicated that in accordance with the Airport Plan, educational facilities are suitable for location at this site. A non-suit aviation easement agreement is recommended as a condition of approval. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: This application is categorically exempt from environmental assessment per Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA). All property owners within 400 feet of the project site have been notified of the public hearing. As of the writing of this report, no public inquiries or correspondence have been submitted to staff. CONCLUSION: The Planning Commission recommends that the City Council approve Case No. 5.0883, a Conditional Use Permitfora private educational institution located on a major thoroughfare,subject to the conditions set forth in Exhibit A of the attached resolution. Director ofC94anning and Building City Manager ATTACHMENTS: 1. Vicinity Map 2. Site plan 3. Resolution/Conditions 42YA 3 RESOLUTION NO, EXHIBIT A Case 5.0883, Conditional Use Permit Montessori School 1800 Vista Chino August 1, 2001 CONDITIONS OF APPROVAL 1 The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning this conditional use permit, Case 5.0883. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive further indemnification hereunder, except,the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal,shall not cause a waiver of the indemnification rights herein.The applicant/ownershall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. 3. Bicycle racks to accommodate two to four bicycles shall be provided on site. Applicant shall submit location and details for review and approval by the Director of Planning and Building. 4. The applicant shall augment existing landscape planting to achieve 30% shading of the parking lot and upgrade existing landscaping. Final landscape plans shall be submitted for review and approval by the Director of Planning and Building. 5. Final improvement plans including landscaping, irrigation, exterior lighting, and parking lot plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. 6. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 42uRY 7. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 8. Conditional use permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 9. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 10. Prior to issuance of a building permit, the applicant must provide a standard aviation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. 11. Separate architectural approval and permits shall be required for all signs. 12. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). 13. The street address numbering/lettering shall not exceed eight inches in height. 14. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 15. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 16. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. ay,q s- 17. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 18. Parking stalls shall be delineated with a 4 to 6 inch double stripe-hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 19. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". POLICE DEPARTMENT: 20. Developer shall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 21. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 22. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT: See attached memo dated July 9, 2001. aYJ� 1 VIGIN77 11AP " 9e�l I 'd9 ;1 66 87 66 65 z �a x 3 J y e v Lot '� N A � , lr • �y � BL I � ' b A O.P64a � g `7 � � BO Lot 0, ,,' �, 96 1 SSE20/-33-525.4 5r4 PLPU 14 n I �.r. O77 e I O ti v ©' Ys n 1 /02 /0/ �© 75 'f 1 J t 5 65 IRTlt 5 6Y j, R0549_ ~ � y OP£// SW Cbr. Sec. ! i r; CITY OF PALM SPRINGS CASE NO. 6.06.83 E CRI TION Conditional Use-Permit APPLICANT Lakshman and for 4,46.0 square io©',t T WickremesingMe Montessori private Christianne school a7 at Z ION , rvv-rcr VArA c Nor 1u nor-co i� . ••tl••� •p,• m• SITt PL/JJ 4aesr� A-1 July 9, 2001 D E C E � U E Eng. File No. E-2857 D J U L 1 1 2001 Date: July 9, 2001 To: Development Committee Chairman PLANNING DIVISION From: City Engineer APPLICATION FOR ARCHITECTURAL APPROVAL OF A MONTESSORI SCHOOL LOCATED AT 1800 VISTA CHINO ROAD EAST, (APN 501-312-006, 025), SECTION 1, T 4 S, R 4 E, S.B.B.M., CASE NO. 5.0883, ENG. FILE NO. E-2857 The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 5 thru 8 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Grading Plan.The Grading Permit will not be issued until completion of the covenant. 2. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 3. Developer shall comply with Caltrans comments and obtain State permits and approval of plans for all work done on State Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to City ofPalm Springs Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares VISTA CHINO ROAD EAST 4. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street 1 o o4f July 9, 2001 Eng. File No. E-2857 width of 50 feet along the entire frontage, together with a property line-corner cut- back at the SOUTHWEST AND SOUTHEAST corners of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. * 5. Construct an 8 inch curb and gutter, 38 feet NORTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No.200. * 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. * 7. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST AND SOUTHEAST comers of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. * 8. Remove and replace existing pavement with a minimum pavement section of 5inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed/existing gutter to centerline along the entire frontage in accordance with City ofPalm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. VIA NEGOCIO 9. All broken or offgrade CURB,GUTTER,AC PAVEMENT AND SIDEWALK shall be repaired or replaced. ALLEY 10. All broken or off grade AC PAVEMENT shall be repaired or replaced. SANITARY SEWER 11. Connect all sanitary facilities to the City sewer system IF not already connected. Lateral shall not be connected at manhole. DRAINAGE 12. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure 2 a Y�4/o July 9, 2001 Eng. File No. E-2857 ON-SITE 13. The minimum pavement section for all on-site parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 14. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00, GENERAL 15. The owner shall enter into a covenant agreeing to underground all existing overhead facilities on/or adjacent to this property that are less than 35 kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of a grading permit. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 16. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203, 17. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 18. The developer shall demonstrate that the parcel, as shown, was formed in compliance with local and State laws in effect at the time of formation. If the parcel was not so formed, the developer shall submit to the Engineering Department a (Parcel Map) (Certificate of Compliance, lot created prior to 3/4/72) prepared by either a Registered Civil Engineer or a Licensed Land Surveyor. This condition shall be complied with before any grading or building permits will be`issued. TRAFFIC 3 aV*J July 9, 2001 Eng, File No. E-2857 19. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signat/safety light poles, conduit, pull boxes and all appurtenances located on the VISTA CHINO ROAD EAST, VIA NEGOCIO, CARRIAGE LANE and ALLEY frontages of the subject property. 20. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum,all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 21. This property is subject to the Transportation Uniform Mitigation Fee based on the MISCELLANEOUS RETAIL SERVICES ITE Code F land use. If the Coachella Valley Association of Governments (CVAG) waives the TUMF, a copy of said -approved conditional waiver shall be provided to the City Engineer. 4 June 28, 2001 Eng. File No. E-2857 Submitted: Ma44,14 1&0#44V Engineering Associate i Approved: Date: David J. Barakian, City Engineer * Off-Site Improvements Approved For Deferral By Covenant DJB:MVH:mvh 5 §a . +� AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 27th day of June, 2001, 1 served the within (NOTICE OF PUBLIC HEARING)on PLANNING COMMISSION CASE NO. 5.0883 to consider an application for a Conditional Use Permit for a private school on a major thoroughfare, on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated April 26, 2001 and certified by the City's Planning Technician & Principal Planner and attached hereto as Exhibit "A". I hereby declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 271h day of June~2 0\ `b ;r3 it 4r�rn PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA - County of Riverside NcA561 CITY OF PALM SPRINGS NOTICE OF PLANNING COMMISSION MEETING Case No. 5 0883, a Conditional Use Permit for a 4,460 square foot Montessori private school an a I am a citizen of the United States and a resident of 0.53 acre parcel, located at the northeast corner of Vista China and Via Negoao the County aforesaid;I am over the age of eighteen (1800 Vista Chino), P zone, Section t years,and not a party to or interested in the Applicants: Lakshman and Chrisianthie Wickabre- above-entitled matter.I am the principal clerk of a singhe printer of the,DESERT SUN PUBLISHING vn:mrtr rrnr' COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, �!J County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the r _ Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case 'u. © —r o _, ', _ Number 191236; that the notice,of which the s annexed is a printed copy(set in type not smaller than non panel,has been published in each regularu and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: June 28YIr NOTICE IS HEREBY GIVEN that the Planning ----------------------—-------------------------—--------—__ C-mmissrob of Palm Springs, public hearing at its meeting of my 11,,2003 .lo Commission begins 1 ---—_—-------------------------------------—_--- -- -------- ChHie ) t attra Tah- - quiz Canyon Way, Palm Springs, Californ a, All in the year 2001 The purpose of the hearing Is to consider an ap- plication for conditional use permit for a private school on a Major thoroghfare. I certify(or declare)under penalty of perjury that the Pursuant to Section, this application is categori- foregoing is true and correct. cal ly exempt from environmental assessment per Section t5 0t Existing Facrlrtres of the California grit Envlrnonemtal uality Act(CEO ). Dated at Palm Springs,California this------------day The application and related documents are avail- able for public review daily, between 8 am and 5 drily pm at the City of Palm Springs in the Planning & of---------------------------------------2001 Building Department,Placated at 3200 Tahgwtz Canyon Way. / If any individual or group challenges the action in court, issues raised may be limited to only those ssues raised at the public hearings described in --------------- ---- -"—' this notice or in written correspondence at or or!- Signature or to the Commission meeting., Notice of Public Hearing is being sent to all prop- erty owners within four hundred (400)feet of the subject property. An opportunity will be given at said hearings for all Interested persons to be heard Questions reggarding this case may be di- rected to Alex P Meyerhoff, Principal Planner, Deppartment of Planning & Building, (760)323- 8245 PLANNING COMMISSION /a/Douglas R. Evans nir 'of PI Turn R ^ Ill .- Xa, to;,v e f ,,I� tee• ��� PROOF OF PUBLICATION This is space for County Clerks Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA - - County of Riverside - No.8822 CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CITY COUNCIL Case No. 5.0883, a Conditional Use Permit for a 4,460 square foot Montessori private school on a 0.53 acre parcel, located at the northeast corner of Vista Chino and Via Negocic I am a citizen of the United States and a resident of (1800 Vista Caro), P zone, Section 1 the County aforesaid; I am over the age of eighteen Applicants: Lakshman and ghe years,and not a party to or interested in the cnnsianmie w'ickremes- i n, -- above-entitled matter.I am the principal clerk of a IV,I'll printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, '_+ s. printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case 4 N Number 191236;that the notice,of which the I f a annexed is a printed copy(set in type not smaller --..— �..�.•.T than non pariel,has been published in each regular �- and entire issue of said newspaper and not in any cIl'r of'ALM SPRINGS — .ovur..xr supplement thereof on the following dates,to wit: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a July 215t publ is hearing at its meeting of August 1, 2001. The City Council meeting begins at 7:00 p.m. in --------------------------------------------------------------- the City Council Chamber at City Hall, 3200 E Tahquitz Canyon Way, Palm Springs, California. -------------_-------------------------—-------------_------- The purpose of the hearing is to consider an ap- plication for conditional use permit for a private school located on a Major thoroughfare.The pro- posed school would be located in or existing All in the year 2001 4,600 square foot holding and would serve ap- proximately 100 students with 11 staff fmembers. he school would operate between the hours of I certify(or declare)under penalty of perjury that the 7:00 am and 6:00 pm, Monday through Friday. foregoing is true and correct. Pursuant to Section, this application is categoo- cally exem t from environmental assessment per yth Section 15 01 (Existin Facilities))of the California Environmental Quality Act (CEOA). Dated at Palm Springs,California this--------------day The application and related documents are avail- able July able for public review daily, between 8 am and 5 of-------------------------------------- 2001 pm at the City of Palm Springs in the Planning and Building Department, located at 3200 Tah- /�, (/ quitz Canyon Way. \\C� If any individual or group challenges the action In lQj�J LJ�$t" court, issues raised may be limited to only those ---------------------------------------------------------- Issues raised at the public hearing described in Signature this notice or in written correspondence at or pri- g or to the Commission meeting Notice of Public Hearing is being sent to all prop- erty owners within four hundred (400) feet of the subject property. An opportunity will he given at said hearings for all interested persons to be heal d. Questions regarding this case may be di- rected to Alex P. geyerhoft, Pnncipal Planner, Department of Planning & Building, (760)323- 82 6. Patricia A. Sanders City Clerk 6tr .Sanrnq/Connmr MEMORANDUM April 26, 2001 PROPERTY OWNERS CERTIFICATION 1, Jill-Rene Wright, certify that on April 26th, 2001 the attached property owners list was prepared by STEWART TITLE OF CALIFORNIA, INC., INLAND EMPIRE DIVISION - CUSTOMER S rCE_pursuant to application requirements furnished by the a r)/ 'laJ11711 lr fl '7 S Planning Department. ( f U Said list is a complete and true compilation of owners of the subject property and all other property owners within 400 feet of the property involved in the application and is based upon the latest equalized assessment rolls available to me. I further certify that the information filed is true and correct to the best of my knowledge; I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. NAME: Jill-Rene Wright TITLE/REGISTRATION: STEWART TITLE OF CALIFORNIA, INC., Inland Empire Division ADDRESS: 3403 Tenth Street, Suite 400, Riverside, California 92501 PHONE: 760-773-0166 Main Office 909-276-2700 SIGNATURE: �w DATE: A2 CASE NO: _-- STEWART TITLE of California, Inc. Inland Empire Division 74-075 El Pasco, Suite C-2 • Palm Desert, CA 92260 (800) 865-4323 • (760) 773-0166 NOTICE OF PLANNING COMMISSION MEETING Case No. 5.0883, a Conditional Use Permit for a 4,460 square foot Montessori private school on a 0.53 acre parcel, located at the northeast corner of Vista Chino and Via Negocio (1800 Vista Chino), P Zone, Section 1 Applicants: Lakshman and Chnsianthie Wickremesinghe NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of July 11, 2001. The Planning Commission meeting begins at 1:30 p.m. (Public Hearings begin at 2:00 p.m.) in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for conditional use permit for a private school on a Major thoroughfare. Pursuant to Section, this application is categorically exempt from environmental assessment per Section 15301 (Existing Facilities) of the California Environmental Quality Act(CEQA). The application and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Building Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex P. Meyerhoff, Principal Planner, Department of Planning & Building, (760) 323-8245. PLANNING COMMISSION Douglas Evans Director of Planning & Building @09L5 jasel slagej ssaippy ®A213A1d �%/ r Robert J & Suzanne Hill Robert W & Alice Lawler William H & Baron White 1810 E Desert Park Ave 39564 Via Montalvo 1815 E Nicola Rd Palm Springs CA 92262 Murrieta CA 92563 Palm Springs CA 92262 Walter K Russell Lance A & Tracy Duggins Esther G & Kay Phillips 1800 E Desert Park Ave 1875 E Nicola Rd 1890 E Desert Park Ave Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 Robert M & Judith Lewis Edwin J Carattini Walter Maier 1908 N Enterprise St 1895 E Nicola Rd 1044 Montego Dr Orange CA 92865 Palm Springs CA 92262 Los Angeles CA 90049 Sperry & Hutchinson Cc Walter Maier Germain Brothers Inc 11999 San Vicente Blvd 1044 Montego Dr PO Box 2659 Los Angeles CA 90049 Los Angeles CA 90049 Palm Springs CA 92263 < 0 Nik Ben Inc Ben Williams Germain Bros Inc 1595 N Palm Canyon Dr PO Box 34865 PO Box 2659 Palm Springs CA 92262 Los Angeles CA 90034 Palm Springs CA 92263 Julie A & Kerri Reardon Clearview Glass Inc Chauncey Dixon 1081 E Grinnell Dr 7501 Deering Ave 52655 Avenida Herrera Burbank CA 91501 Canoga Park CA 91303 La Quinta CA 92253 v Ronald D Fillmore Jow Y & Lillie Lee Bernard & Adele Perlin 1622 Via Roberto Miguel 2578 Canyon Dr 1044 Montego Dr Palm Springs CA 92262 Hollywood CA 90068 Los Angeles CA 90049 R & Ruth Ketchel Germain Brothers Inc ' Bernard & Adele Perlin 286 Surfview Ct PO Box 2659 1044 Montego Dr Del Mar CA 92014 Palm Springs CA 92263 Los Angeles CA 90049 Allana A Cook City Of Palm Springs Pa William & Sheila Gordon 14 Northgrove PO Box 2743 PO Box 9393 Irvine CA 92604 Palm Springs CA 92263 Palm Springs CA 92263 George Reed Patrick & Maria Delia Sam Baker 286 N Palm Canyon Dr 727 N Rose Ave 1842 N Biskra Rd Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 ®09iS jasel slagej ssaippy ®AU3AW® Patricia L Hempel Mario & Alfio Berardi Mario Berardi 1810 Carriage Ln 2020 Santa Catalina 2525 E Via Escuela Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 Patricia L Hempel Ann H Lindberg William & Sheila Gordon 1810 Carriage Ln 562 N Farrell Dr 276 E Palo Verde Ave Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92264 Desert Water Agency Nicholson PO Box 1710 4512 White Oak P1 Palm Springs CA 92263 Encino CA 91316 *** 38 Printed *** 507 301 013 507 301 015 50 O16 Ps Center Lp Golden Arch Ltd Partnership Ps Center 535 Cowper St#2Nd PO Box 66207 535 Cow St d Palo Alto, CA 94301 Chicago,IL 60666 Palo to, CA 94301 507 301 017 5 30 �� X i Dean&Barbara Davidge Ps Con Lp 587 N Refugio Rd 535 Cowper d Santa Ynez, CA 93460 Palo Alto 94 507 301 020 507 301 021 507 301 022 Ps Center Ltd&Robert Bremner Franjiwan&Lolita Lodhia Bors Market Stater 535 Cowper St 42Nd 1717 E Vista Chino 21700 Barton Rd Palo Alto, CA 94301 Palm Springs, CA 92262 Colton, CA 92324 507 301 023 50>Cenl024 William &Judith Remaly Clark PsWilliam Lewis Clark 532Nd72790 Somera Rd Pa94 Palm Desert, CA 92260 i Smooth Feed SheetsTm 5 00 sbf. LAP,CL.S Use template for 51600 Lakshman&Chrisanthie Wilkremesinghe Lakshman & Chrisanthie Wilkremesinghe Lakshman &Chrisanthie Wilkremesinghe Montessori School of Palm Springs Montessori School of Palm Springs Montessori School of Palm Springs 3692 Chia Road 3692 Chia Road 3692 Chia Road Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 D.W. Johnston Construction, Inc. D.W. Johnston Construction, Inc. D.W. Johnston Construction, Inc. 1435 North Sunrise Way 1435 North Sunrise Way 1435 North Sunrise Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 sETs ( aeC,-S -- SC---T /kwCED n� AVERYO Address Labels Laser 5960TM -Smooth FeedSheetsT"' N aod1 DwFloOo (� I � Use template for51600 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 8 ( C2S 6A - SC—i ` SET AAkc_<�D /!l AVERY9 Address Labels Laser 5960TM (6- AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0883, a Conditional Use Permit for a Montessori Private School located at northest corner of Vista Chino and Via Negocio, applicants Lakshman and Chrisianthie Wickremesinghe, was mailed to each and every person on the attached list on the 20t"day of July, 2001. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid, and depositing same in the U.S.Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 20th day of July, 2001. C ? PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Case No. 5.0883, a Conditional Use Permit for a 4,460 square foot Montessori private school on a 0.53 acre parcel, located at the northeast corner of Vista Chino and Via Negocio (1800 Vista Chino), P Zone, Section 1 Applicants: Lakshman and Chrisianthie Wickremesinghe NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of August 1, 2001. The City Council meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application for conditional use permit for a private school located on a Major thoroughfare. The proposed school would be located in an existing 4,600 square foot building and would serve approximately 100 students with 11 staff members. The school would operate between the hours of 7:00 am and 6:00 pm, Monday through Friday. Pursuant to Section, this application is categorically exempt from environmental assessment per Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA). The application and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Building Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex P. Meyerhoff, Principal Planner, Department of Planning & Building, (760) 323-8245. Patricia A. Sanders. City Clerk To City Clerk by: July 18, 2001 Mailing: July 20, 2001 To Desert Sun by: July 17, 2001 Publish: July 21, 2001 jj VIGIN77 MAC' OCR r4T'`;'• '.,. i _ WT.S, P;PAC 87 66 65 �' �� ••• •. a• rV rr Fr TF/r � f Y ('//)) 63 T,. r,M YI M n C� n � 0.l64a I '{. � 8 s wrr.r, i S KF . rr.rs fit. 79 t S6E20/-33-525A 9678 ` O'. • ,... 4i /00 d O TT a J /05 /04 t " /03 ,r - *Nz� _r "'r J . (D' , 1 w �'� 1 a♦ �L /02 /0/ • / F © ' 75 `919f1 4/i6 16T9P 6/6T J' �W�+ 7j' ana< . 4 �,J�1/�pE/ ararr • `Lw^ a,. VISTA CHINO,— Sw Cbd See. / .. . /rl , CITY OF PALM SPRINGS CASE N'0• 6,03 DESCRIPTION Conditional Use-Permit ,APPLICANT Lakshrnan and , for 4,460squaiiet'oot Christianne Wlckremeslnihe Montessori private . _ ,. .. . school Smooth Feed Sheets*" 0 SUL C c Use template for 51600 J �1�/�V �,t�fr3 Lakshman &Chrisanthie Wilkremesinghe Lakshman &Chrisanthie Wilkremesinghe Montessori School of Palm Springs Montessori School of Palm Springs 3692 Chia Road 3692 Chia Road Palm Springs, CA 92262 Palm Springs, CA 92262 D.W. Johnston Construction, Inc. D.W. Johnston Construction, Inc. 1435 North Sunrise Way 1435 North Sunrise Way Palm Springs, CA 92262 Palm Springs, CA 92262 3 S&TS/ je, -s�P-4-- 1 V0 AVERY@ Address Labels Laser 5960"m Smooth Feed SheetsT14 Use template for 51600 507 301 013 507 301 015 5 016 Ps Center Lp Golden Arch Ltd Partnership Ps Center 535 Cowper St#2Nd PO Box 66207 535 Cow S<94301 Palo Alto,CA 94301 Chicago, IL 60666 Palo to, CA 11 507 301 017 5 301 018 XCOwp Dean &Barbara Davidge Ps Cen Lp Cell 587 N Refugio Rd 535 Cowper d Santa Ynez, CA 93460 Palo Alto 94 507 301 020 507 301 021 507 301 022 Ps Center Ltd&Robert Brenner Franjiwan&Lolita Lodhia Bors Market Stater 535 Cowper St#2Nd 1717 E Vista Chino 21700 Barton Rd Palo Alto, CA 94301 Palm Springs,CA 92262 Colton, CA 92324 507 301 023 50>Cowper William&Judith Remaly Clark Ps William Lewis Clark 532Nd 72790 Somera Rd Pa94 Palm Desert, CA 92260 I � i RI AVERY® Address Labels Laser 5960TM p0K5 aasej slagej ssaippy @A213AV0 Patricia L Hempel Mario & Alfio Berardi Mario Berardi 1810 Carriage Ln 2020 Santa Catalina 2525 E Via Escuela Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 Patricia L Hempel Ann H Lindberg William & Sheila Gordon 1810 Carriage Ln 562 N Farrell Dr 276 E Palo Verde Ave Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92264 Desert Water Agency Nicholson PO Box 1710 4512 White Oak P1 Palm Springs CA 92263 Encino CA 91316 *** 38 Printed *** Oo9Es joi a;eldwa;asp w l saaagc paaa 4100WC 009I5 easel s)agel ssaipPV ®AIJ3AV Robert J & Suzanne Hill Robert W & Alice Lawler William H & Baron White 1810 E Desert Park Ave 39564 Via Montalvo 1815 E Nicola Rd Palm Springs CA 92262 Murrieta CA 92563 Palm Springs CA 92262 Walter K Russell Lance A & Tracy Duggins Esther G & Kay Phillips 1800 E Desert Park Ave 1875 E Nicola Rd 1890 E Desert Park Ave Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 Robert M & Judith Lewis Edwin J Carattini Walter Maier 1908 N Enterprise St 1895 E Nicola Rd 1044 Montego Dr Orange CA 92865 Palm Springs CA 92262 Los Angeles CA 90049 Sperry & Hutchinson Cc Walter Maier Germain Brothers Inc 11999 San Vicente Blvd 1044 Montego Dr PO Box 2659 Los Angeles CA 90049 Los Angeles CA 90049 Palm Springs CA 92263 Nik Ben Inc Ben Williams Germain Bros Inc 1595 N Palm Canyon Dr PO Box 34865 PO Box 2659 Palm Springs CA 92262 Los Angeles CA 90034 Palm Springs CA 92263 Julie A & Kerri Reardon Clearview Glass Inc Chauncey Dixon 1081 E Grinnell Dr 7501 Deering Ave 52655 Avenida Herrera Burbank CA 91501 Canoga Park CA 91303 La Quinta CA 92253 Ronald D Fillmore Jow Y & Lillie Lee Bernard & Adele Perlin 1622 Via Roberto Miguel 2578 Canyon Dr 1044 Montego Dr Palm Springs CA 92262 Hollywood CA 90068 Los Angeles CA 90049 R & Ruth Ketchel Germain Brothers Inc Bernard & Adele Perlin 286 Surfview Ct PO Box 2659 1044 Montego Dr Del Mar CA 92014 Palm Springs CA 92263 Los Angeles CA 90049 Allana A Cook City Of Palm Springs Pa William & Sheila Gordon. 14 Northgrove PO Box 2743 PO Box 9393 Irvine CA 92604 Palm Springs CA 92263 Palm Springs CA 92263 George Reed Patrick & Maria Delia Sam Baker 286 N Palm Canyon Dr 727 N Rose Ave 1842 N Biskra Rd Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 p0915 ioj a;eldwaa asp w SONS P883 y;oows Smooth Feed SheetsTM � �-v Use template for 5160@ Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 3 s c--T s o-F- (A-aELs g b-�bc2s cA - sr se AAtL<�D �0 AVERY® Address Labels Laser 5960" S0 2' Fr -1 Ji 01021 4 0 1 1ra o� D� -IIAAV- '13 n n r� F l�f grY Lis 1es CAehte & CIO 900 �Ad n� 1S9 9 _ 62 o� �� SArzn Cate rardi Ina RESOLUTION NO. 20147 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO, 5,0883, A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE SCHOOL ON A MAJOR THOROUGHFARE, A 4,460 SQUARE FOOT MONTESSORI SCHOOL, LOCATED ON A 0.53 ACRE PARCEL AT THE NORTHEAST CORNER OF VISTA CHINO AND VIA NEGOCIA (1800 VISTA CHINO), P ZONE, SECTION 1, AND MAKING FINDINGS IN SUPPORT THEREOF.. ------------- WHEREAS, Lakshman and Chrisianthie Wickremesingh("Applicant")have filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance, Case 5.0883, for a Conditional Use Permit to allow a 4,460 square foot private school on a 0.53 acre parcel at the northeast corner of Vista Chino and Via Negocio (1800 Vista Chino), P Zone, Section 1, and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for a conditional use permit was given in accordance with applicable law; and WHEREAS, on July 11, 2001, a public hearing on the application for a conditional use permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project, a conditional use permit (Case No. 5.0864), is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)pursuant to Section 15301 (Existing Facilities); and WHEREAS, on July 11, 2001 the Planning Commission voted to recommend that the City Council approve the project as proposed; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for a conditional use permit was given in accordance with applicable law; and WHEREAS, on August 1, 2001, a public hearing on the application fora conditional use permit was held by the City Council in accordance with applicable law; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony; and WHEREAS, on July 11, 2001 the City Council voted to approve the project as proposed. Qqd THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: This application is categorically exempt from environmental assessment per Section 15301 of the California Environmental Quality Act (CEQA) in that Section 15301 states that existing facilities are exempt from CEQA. Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's Zoning Ordinance. Section 94.02.00 allows, via approval of a Conditional Use Permit by the Planning Commission and City Council, private educational institutions on major thoroughfares. b. The proposed use is consistent with the General Plan. The subject property is designed P (Professional) on the City's General Plan Land Use Map. The objective of the P General Plan designation is to provide areas for law, insurance, financial, medical and similar office and institutional uses, and associated support facilities. The proposed use fits within the range of uses allowed within the Professional General Plan category. C. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses orfuture uses specifically permitted in the zone in which the proposed use is to be located. The proposed private school is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The existing office facilities and surrounding site improvements, including parking facilities, are adequate to accommodate the proposed use, which includes 3,540 square feet of classroom space, 345 square feet of office space and storage, 350 square feet of restrooms and 225 square feet of reception area. e. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The existing facility is bounded on two sides by roadways, one of which is a secondary thoroughfare(Vista Chino). The vehicular circulation system will not be negatively impacted by trips generated from this project. 02 f. The conditions to be imposed upon the project are deemed necessary to protect the public health, safety and general welfare. The conditions to be imposed upon the project are necessary and will ensure the protection of the public health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby approves the granting of a conditional use permit for a private school on a major thoroughfare, Case No. 5.0883, to allow a 4,460 square foot private school at 1800 Vista Chino, subject to those conditions set forth in Exhibit A on file in the Department of Planning and Building. ADOPTED this 1st day of August , 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEW AND APPROVED AS TO FORK , a�� 3