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HomeMy WebLinkAbout2/19/2003 - STAFF REPORTS (12) DATE: February 19, 2003 TO: City Council FROM: Director of Planning and Zoning CASE NO. 5.0916: APPLICATION BY MATHEW DRAGICEVICH CHARITABLE REMAINDER TRUST TO REZONE A 5.11 ACRE PARCEL FROM R-2 (LIMITED MULTIPLE FAMILY RESIDENTIAL) AND R-1-AH (SINGLE FAMILY RESIDENTIAL) TO C-M (COMMERCIAL MANUFACTURING) AND 0-20 (OPEN LAND) FOR THE PROPERTY LOCATED AT 4155 MATTHEW DRIVE, ZONE R-2 AND R-1-AH, SECTION 30. RECOMMENDATION The Planning Commission recommends that the City Council conduct a public hearing on the request and, if the Council so desires, adopt the attached Ordinance amending the Zoning Map. The applicant is Matthew Dragicevich Charitable Remainder Trust. The trustees are Lloyd Maryanov, Gary Boskovich, and Peggy Steiner. SUMMARY The Planning Commission at its January 22, 2003 meeting, voted 6-0-1 to approve the proposed Zoning Map amendment and related General Plan Amendment. The applicant submitted written correspondence confirming that the tenant for the boat repair facility will be vacating the premises by March 15, 2003 and that the new owner is proposing site improvements. The correspondence, dated January 8 2003, is attached to this report. BACKGROUND This item was continued from the January 8, 2003 Planning Commission meeting where the applicant gave a verbal update on the progress towards rectifying the numerous code violations that exist on the property. The applicant indicated that the tenant for the boat repair facility is discontinuing the lease and will vacate the property by March 2003. A prospective owner is proposing to remove the existing structure, improve the site, and is investigating uses of the property consistent with the proposed C-M Zone. At that meeting, the applicant requested that the item be continued to allow time to put together a preliminary list of site improvements and also to gather staff feedback on a possible Commission determination that an RV storage land use is similar to a permitted use in the C-M zone. This item was previously continued from the November 13, 2002 and October 13, 2003 Planning Commission meetings in order to afford the applicant additional time to gather quotes to remedy code violations that exist on the subject property. The list of code violations were in response to the Commission's request for staff to gather code enforcement issues for the property. Planning and Building staff visited the site and compiled a list of zoning and building code issues, which are attached to this report. The Fire Department also expressed concern regarding the boat repair facility storage of potentially hazardous or combustible materials on site. Fire Department staff indicated they would complete a separate evaluation with Riverside County Environmental Health to ensure that hazardous materials are removed from the site and a soil report completed. Environmental Health is currently monitoring clean-up of the site and indicates that the amount of hazardous materials are not substantial. The subject property is a 5.11 acre parcel located on the south side of Matthew Drive. The northern portion of the property is currently being used as a boat maintenance facility and auto body shop. 13fi The southern portion of the property is being used as an open storage yard for car engines and other automobile parts. The open storage yard is adjacent to steep hillside, which is currently vacant. The site is presently owned by Matthew Dragicevich Charitable Remainder Trust. If the Change of Zone is approved, the applicant endeavours to continue using the site as a business consistent with C-M zoning and an auto body shop with limited development on the hillside portion. No development proposal has been received as a part of this application. The current request is intended to bring the existing boat repair facility and auto body shop into compliance with the General Plan and Zoning Map. The propertywas previously re-zoned from C-M to R-2 in July 1997 as part of phase two of the zoning consistency program resulting from the 1993 General Plan update. General Plan Zone Land Uses North RC, GC R-3, W-C-2 Apartments, Office/retail complex South M15 R-1-AH Vacant hillside East M15 R-2, R-1-AH Single family residence, Vacant West GC C-M, RMHP Commercial, Mobile Home Park AMENDMENT TO THE ZONING MAP The zoning map is one of many tools used to implement the goals and objectives of the General Plan. The zoning map should only be amended if such amendment is consistent with the General Plan and furthers the goals and objectives outlined in the General Plan. An amendment to the Zoning Map to C-M: Commercial Manufacturing and 0-20: Open Land would be appropriate because of the existing land uses that are incompatible with the current zoning. The Change of Zone would bring the current commercial land uses into conformity with the zoning map. The site is adjacent to commercial uses to the west and northwest. In addition,the steep hillside and vacant land, located on the southwest and southeast portions of the site, respectively, provide a physical separation for the single family residence and mobile home park to the west and east. The apartments to the north are separated from the site by Matthew Drive,which has a width of 88 feet. The hillside area on the southern portion of the property must be kept as open space because the slope is greater than 30%. The property meets the C-M property development standards in terms of lot area, dimensions, and building height. However, the property is not in compliance with the requirements for yards between property in a C-M zone and a residentially zoned property. In order to fulfill the yard requirement, a 25 foot landscaped yard would be required along the Matthew Drive frontage. The chain link fence that exists on the east side of the subject property should be a 6 foot high block wall, in order for the area to continue to be used as storage. Any outdoor storage on site should not exceed the height of the wall. Zoning and building code issues which require attention for both businesses are attached to this report. As indicated previously, there is sufficient space to buffer the subject property from adjacent residential uses and the uses have existed for 11 years. As a result, the Planning Commission finds that the change of zone would be appropriate because the zoning to the west and northwest is C-M and W-C-2, respectively. 13 ENVIRONMENTAL ASSESSMENT AND NOTIFICATION In accordance with Section 15063 of the California Environmental Quality Act, an initial study was conducted for this project and a Negative Declaration has been prepared All property owners within a 400 foot radius of the subject property have been notified. As of the writing of this report, staff has not received any public comment. po�s /—/Z slr /� Director ofOanning and Zoning City Manager L J` ATTACHMENTS 1. Vicinity Map 2. Planning Commission Minutes January 22, 2003 (to be included) 3. Planning Commission Minutes November 13, 2002 4. Planning Commission Minutes September 11, 2002 5. Planning Commission Minutes August 14, 2002 6. Zoning code issues for the boat repair facility 7. Zoning code issues for the auto body shop 8. Building code issues for both businesses 9. Hazardous materials management permit from Department of Environmental Health 10. Written correspondence from applicant, dated January 8, 2003, regarding site improvements 11. Ordinance 13A ,3 VICINITYMAP w j � 2.934c M �y ✓ s �3 zwo .a2' A'apO y m ScA!INOLEWAr LU 0 � n in � z.esfao. m a I � i.ig 4c= o 44. ^'^�, aa S69/°�Si�'4��2�E- 354. !' + _ !M•Ic h - tl ' zoo zoo 254.25 b J J C M {l'2 Por3 V ® N Par 3 Ab . a a 5.11 A R-1-AH .air rs//6 se CITY OF PALM SPRINGS CASE NO. 5.0916 GPA/C DESCRIPTION General Plan Map Amendment so as to redesignate APPLICANT Matthew Dragicevich 5.11 acres of land located at4155 E. Matthew Drive Charitable Remainder Trust fromV15 to GC and C and Zoning Map Amendment so as rezone 5.11 acres of land located at 4155 IL E. Matthew Drive from R-2 and R-1-AH to C-M and 0-20 l3 EXHIBIT "B " LINE DATALu _ Q DELTA/BEARING LEN./DIST. XI Wla lO N 89°5352"W 511,20' Q Q Z O N 00°03'02"W 447.03' W J 3O N o0°03'02"W 161.67' v�_MATHEW DRIVE ® N 89°51 28"W -Too.00' O 5O N 8905658"E 199,46' M 4 © N 00°08'32"E 161.00' =Rrf:l ± O7 N 89°5128"W 200.00' �l�.A1.F. O R2 TO C-M ® N 00-08.32"E 399.62' Q 12 8 O N 28°20'27"W -937.49' 10 N 73000'00'W 186.55' 11 O �''.^f•'�'f � .? 11 N 14 `b0'00"W 190.20' o P.M.P 1!)1/F ;i• `` 10 1© N 89°56 58 E 25.00' 2 1© N 89°5658"E 174.46' R-fl"AH TO 0-20 r AY 1� W i U j3 AM MEW DRIVE SI TE LAND SG 44SS'o�� L. S I*kg ��P VICINITY MAP L.S. 4146 N T S. Exa' e/ao/w GRAPHIC SCALE 200 100 70_ _ _ _ __200 _400 �F CALIF SCALE 1:200' Cl T Y OF PALM SPRINGS DAWD J. BARMAN RCE NO. 28931 ZONE CHANGE PLAT EXPIRATION DATE 3131/03 LEGAL DESCRIPTION: PARCEL 2 OF PARCEL MAP NO. 28344, AS RECORDED IN PARCEL MAP BOOK 196/6-7. IN THE SOUTHEAST QUARTER OF SEC7/0N •30 T43, R5E, S.B.M. ESIGN BY. B.M. SCALE FILE NO. D.G.H. 1"=200' i CNECKED BY.• SHEET N0. .Ii7HN l SANRnPN PIQ Nn dldf, FXP a/�n Ind - J.L.S. WO,f 02-127 , nc ., Page 8 of 9 )' Planning Commission Minutes November 13, 2002 Director reviewed elevations and tennis court area and clarified that the reason for the height request on the north side is to accommodate the garage and floor elevations and would include cutting into the hillside. He clarified that design constraints (e.g. existing structures) are not considered hardships. Commissioner Caffery reviewed the Hillside Ordinance which does not include development by right-of-zone;therefore, does not automatically allow any particular height limit—that the Planning Commission determines hillside development and design parameters for each individual application. He stated that the Planning Commission reviews many hillside designs (many times on property that does not have the mountainous hillside sloping terrain that the subject lot features) and invariably holds each to exacting standards and requirements. M/S/C (Marantz/Grence 6-0, 1 absent) to deny application. Case 5.0916—Application by Matthew Dragicevich Charitable Remainder Trust for a General Plan Amendment and Change of Zone to redesignate 5.11 acres of land located at 4155 Matthew Drive from M15 (Medium Density Residential) to GC (General Commercial) and C (Conservation) and to rezone from R-2 (Multiple Family Residential) and R-1-AH (Single Family Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land), Section 30. Director reported that the City is working with the applicant on buildings, grounds, environmental health issues, and permits. He stated that the applicant is working very hard to resolve all issues and develop a substantial program for Planning Commission review. Chairman Klatchko opened the Public Hearing. There being no appearances, the Public Hearing was closed. M/S/C (Marantz/Matthews 6-0, 1 absent)to continue the Public Hearing to the meeting of January 08, 2003 per applicant's request. COMMISSION WORK PROGRAM: Director reported that an Open For Business meeting (Development Review Committee) will be meeting next week and confirmed with Commissioner Shoenberger that he will attend on behalf of the Planning Commission. COMMISSION/STAFF REPORTS AND REQUESTS Commissioner Marantz asked staff to research construction activity at the Estrella Inn. Director 1 �� W Page 4 of 7 Planning Commission Minutes September 11 2002 PUBLIC HEARINGS: Case 5.0916—Application by Matthew Dragicevich Charitable Remainder Trust for a General Plan Amendment and Change of Zone to redesignate 5.11 acres of land located at 4155 Matthew Drive from M15 (Medium Density Residential) to GC (General Commercial) and C (Conservation) and to rezone from R-2 (Multiple Family Residential) and R-1-AH (Single Family Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land), Section 30. Continued from the meeting of August 14, 2002. Director reported that the applicant was not able to attend the August 14, 2002 Planning Commission meeting and is present today for any questions from Planning Commissioners. He reported that the property to the east is the subject of a pre-application for a senior condominium project and that there is a single family residence between that property and the subject site. He confirmed that if the change of zone is approved, it will require an amendment to the General Plan. Jing Yeo, Associate Planner, summarized the application and surrounding uses for the Planning Commission and reviewed exhibits as presented on August 14, 2002. She reported that the change of zone request is not a proposal for the physical development of the land; therefore, Conditions of Approval regarding site improvement have not been recommended by staff. Director confirmed that the nonconforming use is subject to abatement by the City; that the applicant could apply for a time extension for the nonconforming use of up to two years; and, if approved, the City could then impose Conditions of Approval in conjunction with approval for site improvement and conformance with City codes. Chairman Klatchko opened the Public Hearing. Mr. Lloyd Maryonov addressed the Planning Commission to state that he is a co-trustee of the Matthew Dragicevich charitable trust and that the purpose of the subject application is to maximize the value of the property so that more money can go to charity. He stated that the property to the east of the subject site is also owned by the trust and is in escrow at this time for the development of the senior condominium project mentioned by staff earlier in the meeting and that the single family residence mentioned is owned by Mr. Gary Boskovich who is also a member of the charitable trust and a co-applicant. He confirmed that the trust is willing to improve the property; however, would like to be in a more sound position regarding zoning for any future property improvements. He stated that the trust has been in discussions with the boat basin tenant regarding property improvements. Mr. Robert Fey addressed the Planning Commission to state that he is the broker for the property to the east of the subject site which is in escrow. He stated that the nonconforming use has been existing for 20-50 years depending upon the section of the General Plan referenced and that there has been no change in tenants for the past 50 years. He stated that the original building permit for Palm Springs Welding (now the boat basin) was issued in 1963. He stated that the party in escrow to buy the property to the east has no objection to the subject application. He presented 13 #7 Page 5 of 7 Planning Commission Minutes September 11, 2002 1996 City Resolution No.18884, stating that the zoning was changed to C-M at that time and submitted photographs of the surrounding neighborhood. Mr. Gary Boskovitch addressed the Planning Commission to state that he owns the property between that which is in escrow and the boat yard and has no objection to the application. He stated that he is a co-trustee of the trust and stated that approval of the application will provide a nice enhancement to the charitable work his aunt intended be done through the trust. There being no further appearances, the Public Hearing was closed. Commissioner Marantz commented that she does not object to the proposed change of zone; however, she feels that the boat yard and automotive repair shop are blights on the neighborhood and should conform to City standards and be fully screened as there is adjacent residential use with a view of the site. Commissioner Grence asked staff to comment on code enforcement activities at the subject site. Director stated that code compliance and nuisance abatement are possible options for achieving the property improvements; however, he is confident that the property owner will make substantial improvements once the zoning is compatible for current uses. Commissioner Caffery stated that it appears that the objective of the trust is to raise money for charity and that property improvements do not seem imperative to that goal. He stated that the change of zone could give the property owner the tools to improve the property to maximize that asset (and, hence, achieve the objective of the trust). Commissioner Shoenberger stated that he recently did a field inspection of the site and agrees that it is a blight on the neighborhood. He stated that it is screened to the west by dying oleanders and that the residential development across the street and any future residential project to the east have a view directly into the storage and work yard of the boat basin. He stated that he does not feel that the Planning Commission can craft applicable Conditions of Approval at today's meeting to accomplish sufficient property improvements; despite the fact that the applicants are well- respected community members and have the best of intentions. Commissioner Conrad asked staff to report in what way, if any, does approving the application behoove the City as the intent of the General Plan is that hillsides use be residential. Director reviewed the 1993 Planning Commission/City Council discussion and decisions regarding this issue. Commissioner Matthews called Mr. Maryanov to the podium. To his questions, Mr. Maryanov stated that the trust derives income from the property leases for the automotive repair shop and the boat basin and stated that, if the zoning is changed, the trust is willing to invest in property improvements. He stated that the property is not appropriate for residential use. Commissioner Shoenberger commented that he knows and respects Mr. Maryanov but that the responsibility of the Planning Commission is to impose formal Conditions of Approval if appropriate 3A48 Page 6 of 7 Planning Commission Minutes September 11, 2002 and not rely on informal agreements. M/S/C (Shoenberger/Conrad 6-1, Caffery dissenting) to reopen the Public Hearing and continue to the meeting of October 09, 2002 and directing staff to present Conditions of Approval which will require that property to be brought into conformance with zoning requirements if acceptable to the City Attorney. 13� Page 5 of 12 Planning Commission Minutes August 14, 2002 a. After five years,the Land Use P mit expires and the parking lot shall be converted to a permanent lot as part of aster plan and adhere to all zoning requirements for a permanent parking lot- nd b.. The iron fence shall trans' on smoothly to the existing fence to the east; and C. Engineering Condition 0. 3 be deleted; and d. City Engineer to det mine possible waiver of fees referenced in Engineering Condition No. 7; a e. Engineering Con tion No. 8 to be amended to allow subgrade compacted asphalt preparation to a approval of the City Engineer; and f. Engineering ondition No. 9 to be amended to the satisfaction of the City Engineer; and g. Engineer' g Condition No. 18 deleted; and h. No tre or interior lot landscaping required. PUBLIC HEARINGS: Case 5.0916—Application by Matthew Dragicevich Charitable Remainder Trust for a General Plan Amendment and Change of Zone to redesignate 5.11 acres of land located at 4155 Matthew Drive from MI5 (Medium Density Residential) to GC (General Commercial) and C (Conservation) and to rezone from R-2 (Multiple Family Residential) and R-1-AH (Single Family Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land), Section 30. Jing Yeo, Assistant Planner, reported that the southern portion of the property is currently being used as an open storage yard for auto parts and engines and is adjacent to vacant, steep hillside. She reported that the applicant would like to continue to use the northern portion of the site as a boat repair facility and auto body shop with limited development on the hillside portion of the property and that surrounding land uses are vacant hillside, apartments and offices, commercial, and a mobile home park. She reported that the proposed Change of Zone is not in conformance with the current General Plan; therefore, a General Plan Amendment would be required as the General Plan encourages the elimination of non-conforming uses and structures in this area. She reported that a Change of Zone would be appropriate for this case and that the steep hillside and the 88-foot wide Matthew Drive separate the site from the single family residence and mobile home park. She reported that the property meets the property development standards with the exception of the yards required between CM zoned property and residentially zoned property so that a 25 foot landscaped yard would be required along the Matthew Drive frontage. She also reported that, in order to continue the use of storage on the east side of the property, the existing chain link fence should be replaced by a block wall six feet in height and that items stored in that area should not exceed that height. Director reported that, in discussions with the trust representative, the main concern is that the existing land use is non-conforming. He stated that this situation could hinder any possible future sale of the property. He reported that the same trust owns the property to the east of the subject site. He reported that in the early '90's, the Planning Commission thoroughly discussed the uses / 3 �/v Page 6 of 12 Planning Commission Minutes ( must 14, 2002 in this area which had been idle for decades, resulting in moving the residential zone line over to the Desert Produce business property line. He stated that the boat yard property does need to improve to meet City standards and that City staff will work with property owners on these issues in order to make the area more compatible with future residential use. He stated that, ideally, the mountain coves are appropriate for residential use;however,in the past decade,only one potential project for housing has been brought forward for review by the Planning Commission. He stated that the reviewed senior housing project has not filed an application but is having environmental documents prepared and the applicant may purchase the property to the east from this applicant to change the land asset to a cash asset to carry out the goals of the trust(supporting youth in the community). He reported that this applicant could sell the boatyard property or continue the use for ten years per the zoning ordinance. Chairman Klatchko opened the Public Hearing. Mr.Alan Sanborn, Sanborn A&E, addressed the Planning Commission to state that he is available for questions, if any. There being no further appearances, the Public Hearing was closed. To Commissioner Marantz's questions, Director reported that there is a new tenant for the Desert Produce space and that staff is working with them on grading issues. Commissioner Shoenberger commented that he is concerned about perpetuating an unattractive, unappealing situation for residential development in this area by approving this application. Commissioner Matthews commented that he felt cleaning up the existing site and allowing the use(s) to remain would be beneficial to the City and the applicant. M/S/C (Matthews/Marantz 7-0) to reopen the Public Hearing and continue to the meeting of September 11, 2002 for staff to research feasibility of time extensions for use and to condition property improvements for consideration and allow applicant time to respond to comments. wwwww Case 5.0906—Application by AT&T Wirel s for a Conditional Use Permit for the installation of a 43-foot tall communications antenna an four small equipment cabinets within a 270 square feet leased area located at 3290 South Pa!O Canyon Drive, R-1-B Zone, Section 35. Continued from the meeting of June 26,/Iliocating Director reported that thas requested that this item be removed from the Planning Commission agenda whorks with applicant and other cellular carriers to determine appropriate sites City-wi antennae. M/S/C (Matthews/Grencove from agenda per applicant request. r 13411 �o� v��M sAn2 CITY OF PALM SPRINGS r V � DEPARTMENT OF PLANNING AND ZONING C 4 FO%t MEMORANDUM' Date: September 30, 2002 To: Lloyd Maryanov Gary Boskovich Robert Flavin From: Jing Yeo, Associate Planner Subject: 5.0916 / 4155 E. Matthew Drive (Boat Repair Facility) The following is a list of code issues for the boat repair facility: 1. Landscape screening at front of property in form of either Carolina Cherry (prunus caroliniana) or Xylosma (xylosma congestum). 2. Chain link on East property line should be replaced with block wall (can be up to 8 feet high). 3. Storage of boats should not exceed height of block wall and should be stored behind screen walls. Taller boats shall be stored in the rear of the property. 4. Boat storage area shall be paved or covered with gravel for dust control 5. Boats and cars should not be stored on the sidewalk. 6. Building needs to be repainted. 7. Rear open storage yard should be enclosed with a solid block wall. 8. Engine storage in rear open storage yard should be reduced to reasonable levels and not exceed eight feet or the height of the wall. 9. Check with Engineering Department regarding any issues with the site (our responsibility). 10. Check with the Building Department regarding structural integrity of building in the rear and whether both buildings on site have been legally permitted (our responsibility). If you have any questions, please contact me at (760) 323-8245. Thanks! Jing 134 Z- �o� v��M sAny CITY OF PALM SPRINGS V � DEPARTMENT OF PLANNING AND ZONING c''�UFOAN�' MEMORANDUM Date: September 30, 2002 To: Lloyd Maryanov Gary Boskovich Robert Flavin From: Jing Yeo, Associate Planner Subject: 5.0916 / 4155 E. Matthew Drive (Autobody Shop) The following is a list of code issues for the autobody shop: 1. Chain link gate for auto body shop should be replaced with solid metal gate opening similar to boat repair yard gate 2. Chain link on West property line should be replaced with block wall (can be up to 8 feet high) 3. Repair asphalt on driveway at auto body shop 4. Auto body shop requires sign permits 5. Remove auto body shop sign from sidewalk 6. Cars that are not being worked on should be stored inside the building 7. Building needs to be repainted 8. Rear open storage yard should be enclosed with a solid block wall. 9. Engine storage in rear open storage yard should be reduced to reasonable levels and shall not exceed eight feet or the height of the wall. 10. Check with Engineering Department regarding any issues with the site (our responsibility) 11. Check with the Building Department regarding structural integrity of building in the rear and whether both buildings on site have been legally permitted (our responsibility) If you have any questions, please contact me at (760) 323-8245. Thanks! Jing ON3 MEMORANDUMR 0 Date: October 3, 2002 OCT - 3 2002 D To: Jing Yeo, Planning Department PLANNING DIVISION From: Gary Ford, Building Inspection Supervisor Subject: 4151/4155 Matthew Drive Following is a list of violations I noted on site today during our brief walk at these two properties: 1. 4151 Matthew (D'Anca's Auto Body) A. Electrical code violations for electrical conductors B. Evidence of spray painting (guns, paint etc), no spray booth as required; insufficient ventilation; improper electrical methods and materials for unconfined painting operation. Non fire-rated structure as required for this type of occupancy. It was stated by persons on site that only a minor amount of spraying occurred on site, but nevertheless, it is still a hazardous situation and without proper capture, this constitutes a fire and environmental hazard. 2. 4155 Matthew Drive (General Propulsion) This facility appears to be a marine engine building business with an extreme amount of stockpiling of surplus product. Some product is combustible; some is not. It was not known if the engines had still had any petroleum products installed. The structure houses a small office and stockroom and an occupancy separation wall may be required because of size. Due to the extreme clutter, it was difficult to get a good idea of the size. There are numerous electrical code violations present, some minor and some major.There were areas of disrepair in several places in the building. Mechanical and plumbing code violations were also present, some minor and some major. The exterior of this site appears to have the ground saturated with petroleum substances and should be checked for soil contamination and environmental quality. I would suggest that the Fire Department survey both the properties and that Environmental Health survey this site. GF:bo / 3 #4 IV 01/15/2003 09:19 7603255272 MARYANOV PAGE 02 January 8,2003 TO CITY OF PALM SPRINGS PLANNING COMMISSION Request by the Dragteevich Charitable Reinder Trust,represented by Mr. Lloyd Maryanov, Trustee. Regarding improving the Property known as D"Anca's Body Shop at 4153 Matthew Drive and the General Propulsion building at 4155 Matthew Drive,Palm Springs,California and rezoning to its original zone of CM,the same as the property to the west is zoned. I have a signed!otter from the tenant General Propulsion, commonly called the boat yard(see attached)that prior to March 15, 2003, be will have vacated the premise and removed all boat, motors,parts,debris and broom eleatcect the boat yard. The Trust now bps a buyer that has agreed to do the following;to tear down the General Propulsion building and overhang and to bring D'Anoa's body shop up to Bode,providing that the site is rezoned to Commercial Manufacturing. 1. Install solid front gate. 2.Paint and repair building. 3.Install landscaping in front planter. 4. Bring electrical up to code. 5. Sheet rock ceiling to the City of Palm Springs fire department code. 6.Install spray paint booth with fire department approval. The buyer Mr.Joe Playact is in the audience and at your pleasure will answer any question you have regarding the use of the property. Respectively subtnitted by: ��:.. Q/l to�✓�w Mr.Lloyd Maryan6v,Trustee JA N 1 5 2003 D �'LANNING DIVISION 5.0916 c��aJci? 01%15/2003 09:19 7603256272 MARYANOV PAGE 03 GENERAL PROPULSION, INC. 4153 Matthew Lane S-mYN:p9nera1prep0sadhi1nk.nst Palen sprh".CA TN:760-770.4333 U264 Tot NO-H6.1212 FAX:76o-770.4335 FliOIXICERE aF MAILNE ENOIKS,LZ"T MANY&WVWM MAOW&S.COMPAMORL ANO WATER PUMP$OAMW ON 0939L POWER Jan, 6, 2003 Matthew Dragicevich Charitable Remainder Trust, 4193 Matthew Rd. Palm Springs, California 02264 Dear Sirs; This is to advise that we will vacate the property at 4153 Matthew bane, Palm Springs CA including the removal of all bouts , engines, machinery, scrap iron, and debris on or before March 15 , 2003. Yours ry truly, GEN L PROP C t � 1 lent J. n, President `Q416 EFF- rr�'� ri- � W FE 10 JAN 1 5 2003 PLANNING DIVISION 5.091b VAICZ7 0015/2003 09:19 7603255272 MARYANOV PAGE 04 January 8,2003 TO THE CITY OF PALM SPRINGS PLANNING CON"SSION I am Purchasing the Property at 4153 &4155 Matthew Drive,palm Spft$,CaMmin 1 agree to complete the term as detailed in the letter of 1-8-03 to the Planning Commission by DragrAvich Charitable Remainder Trust. 1 will commence starting the work within sixty days after the close of escrow and complete the work with in sbV days there after; Providing the zoned change to C-K is approved by the City Council ofPakn Springs, California. a 1-05-03 oe P an 3 - 17 JAN 1 5 2003 ri PLANNING WISInN 5., c'� PALM SPRINGS PLANNING COMMISSION MEETING CONFORMED AGENDA January 22, 2003 Council Chamber, City Hall 3200 E. Tahquitz Canyon Way Palm Springs, California 1:30 p,m. ORDER OF ACTION: Report of Posting of Agenda: Agenda available for public access at the City Hall exterior bulletin board (west side of Council Chambers) and the Planning Division counter by 4:00 p.m., Thursday, January 16, 2003. Approval of Minutes: December 17, 2002. Public Comments: Three minute time limit. Consent Agenda/Architectural Approval/Miscellaneous Items. Public Hearings: Begin at 2:00 p.m., prior to that time, other agenda items will be taken in order. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the Public Hearing described in this notice or in written correspondence at, or prior to, the Planning Commission meeting. 1. PUBLIC COMMENTS: (Three minute time limit.) PUBLIC HEARINGS: 2. Case 5.0916 — Application by Matthew Dragicevich Charitable Remainder Trust for a General Plan Amendment and Change of Zone to redesignate 5.11 acres of land located at 4155 Matthew Drive from M15 (Medium Density Residential) to GC (General Commercial) and C (Conservation) and to rezone from R-2 (Multiple Family Residential) and R-1-AH (Single Family Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land), Section 30. Continued from the meeting of January 08, 2003. M/S/C (Caffery/Matthews 6-0, 1 absent) to approve per recommendation in Staff Report. 3. Case 5.0938—PD 282—TTM 31006—Application by Laguna Pacific, LP for Canyon Vista, LP for a General Plan Map Amendment to redesignate 3.27 acres from M15 (Medium Density: 12/15 units/acre) to H30 (Medium-High Density: 21-30 units/acre), Planned Development District in lieu of a Change of Zone, and Tentative Tract Map for the construction of 66 timeshare units and associated on- and off-site improvements for property located at the northeast corner of Murray Canyon Drive and Sierra Madre, R-2 and O Zones, Section 35. Motion, if desired: Approve subject to Conditions of Approval in Staff Report. Case 5.0941 — 3.2272 —TTM 30941 —Application by Palm Springs Modern Homes II, LLC for a General Plan Amendment to delete a portion of Arenas Road from the General Plan Circulation element and a Tentative Tract Map and related Architectural Approval to construct 48 condominium units the for property located at 1460 and 1550 East Baristo Road, R-4 Zone, Section 14. Motion, if desired: Approve subject to Conditions of Approval in Staff Report. XY �y CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES January 08, 2003 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 02-03 This Meeting to Date Excused Absences Philip Klatchko, Chair X 11 1 Jon Caffery, Vice Chair X 10 2 Mark Matthews 10 2 Jon Shoenberger X 12 0 Jerry Grence X 11 1 Dianne Marantz X 11 1 Tracy Conrad X 11 1 STAFF PRESENT: Douglas R. Evans, Director of Planning & Zoning Alex Meyerhoff, Principal Planner Jing Yeo, Associate Planner Sky Warden, Assistant Planner Gabrial Diaz, Assistant Planner Dave Barakian, City Engineer Michele Boyd, Administrative Coordinator Chairman Klatchko called the meeting to order at 1:38 p.m. The January 08, 2003 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning & Zoning counter by 4:00 p.m., January 03, 2003 APPROVAL OF MINUTES: M/S/C(Marantz/Grence 5-0, 1 abstention, 1 absent)to approve the minutes of November 13, 2002 as presented. M/S/C(Shoenberger/Marantz 5-0, 1 abstention, 1 absent)to approve the minutes of December 11, 2002 as presented. Page 3 of 12 Planning Commission Minutes January 08, 2003 PUBLIC HEARINGS: Case 5.0916—Application by Matthew Dragicevich Charitable Remainder Trust for a General Plan Amendment and Change of Zone to redesignate 5.11 acres of land located at 4155 Matthew Drive from M15 (Medium Density Residential) to GC (General Commercial) and C (Conservation) and to rezone from R-2 (Multiple Family Residential) and R-1-AH (Single Family Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land), Section 30. Continued from the meeting of November 13, 2002. Commissioner Shoenberger abstained due to a conflict of interest. Page 4 of 12 Planning Commission Minutes January 08, 2003 Director reported that the applicant is in the audience and intends to give a status report to the Planning Commission today and request a continuance to the next meeting for adoption of the proposed General Plan Amendment and Change of Zone. He reviewed the time line as agreed to at a January 02, 2003 meeting with the applicant which is on file in the Department of Planning & Zoning. He summarized that the one tenant (General Propulsion) is vacating the site and the prospective buyer of the property plans to renovate (including demolition of existing building) the site (including a proposal for by-right-of-zone mini-storage) and that staff will include a revertment clause in the January 22, 2003 Conditions of Approval which would provide the City the opportunity to revert the zoning back if the property is not cleaned and the building demolished as stated. He reported that the applicant has worked very hard to bring the property into compliance and readiness for the proposed amendments and changes. He confirmed that City staff is closely monitoring the General Propulsion site to assure all equipment, etc is removed. He confirmed that the auto repair shop is aware of code issues and that a block wall of up to eight feet in height may be necessary for acceptable screening. Commissioner Conrad asked for clarification on the necessity of a Change of Zone. Director reported that the property is currently non-conforming and that the Trust would like to sell the property for its commercial value. He reviewed the parcel location on the map and explained the commercial/residential boundary lines and the original rationale for that boundary. He stated that the commercial/manufacturing zone will abut R-2 zoning and that the existing single family residence is owned by one of the Trustees. Chairman Klatchko opened the Public Hearing. Mr. Lloyd Maryanov, applicant, addressed the Planning Commission to stated that he has received written notice from General Propulsion confirming their intent to vacate and clean the site. M/S/C (Marantz/Caffery 5-0, 1 abstention, 1 absent)to continue the Public Hearing to January 22, 2003. 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. 5.0916 CZ, Change of Zone, and amendment to the Zoning Map to rezone 5.11 acres of land located at 4155 E. Matthew Drive, from R-2 (Multiple family Residential) and R-1-AH (Single Family Residential)to C-M (Commercial Manufacturing) and 0-20 (Open Land), applicant, Matthew Dragicevich Charitable Remainder Trust, was mailed to each and every person on the attached list on the 41h day of February, 2003. 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 4ch day of February, 2003. PATRICIA A. SANDERS City Clerk , t NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING Case 5.0916 CZ Change of Zone 4155 E. Matthew Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 19, 2003. The City Council meeting begins at 7:OOp.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 Case 5.0916 CZ, an application by Matthew Dragicevich Charitable Remainder Trust for an amendment to the Zoning Map so as rezone 5.11 acres of land located at 4155 E. Matthew Drive from R-2(Multiple Family Residential)and R-1-AH(Single Family Residential)to C-M (Commercial Manufacturing) and 0-20 (Open Land). The requested change of zone will allow consistency with the General Plan designation for the subject property. The subject property is located at 4155 E. Matthew Drive, Zone R-2 and R-1-AH, Section 30. In a related matter,the City Council will also be considering Case 5.0916 GPA, a request to amend the General Plan Map so as to redesignate the subject property from M15 (Medium Density Residential 12-15 units/acre)to GC(General Commercial)and C(Conservation).The General Plan Map Amendment will allow consistency with the existing uses of the property and allow the proposed change of zone to be consistent with the General Plan.A separate public hearing will be held to consider the General Plan Amendment. An Environmental Assessment has been prepared and will be reviewed by the City Council at the meeting. A draft Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Clerk at, or prior to, the City Council hearing. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Associate Planner, Department of Planning & Building, (760) 323-8245. Publish: February 4, 2003 PATRICIA A. SANDERS The Public Record City Clerk VICINITY MAP ' � � 2,934c • K d .5 Lto .a2' P'bcG 9 cr SEMINOLEu,AYx 3 0 � az � o M I ta. A/427Y Se0'/s�iR'4I2VEE 354- 1• _ ,_, �zoa_ zoo z34.25 -• ro .Por/J• J J M R-2 Para a V N For 3 AC o 5.//A a R-1-AH 56 CITY OF PALM SPRINGS CASE NO. 5.0916 GPwCZ DESCRIPTION General Plan Map Amendment so as to redesignate APPLICANT Matthew Dragicevich 5.11 acres of land located at 4155 E. Matthew Drive Charitable Remainder Trust fromIM15 to GC and C and Zoning Map Amendment so as rezone 5.11 acres of land located at 4155 E. Matthew Drive from R-2 and R-1-AH to C-M and 0-20 NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No. 5.0916, Case No. 5.0938, and Case No. 5.0941 Amendments to the General Plan Land Use and Circulation Elements NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 19, 2003. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider amendments to the General Plan with regards to the Land Use and Circulation elements. The first request is Case 5.0916, an application by Matthew Dragicevich Charitable Remainder Trust for an amendment to the General Plan Map so as to redesignate 5.11 acres of land located at 4155 E. Matthew Drive from M15 (Medium Density Residential) to GC (General Commercial) and C (Conservation). The second request is for Case 5.0938, an application by Laguna Pacific, LP for Canyon Vista, LP to amend the General Plan Map from M15 (Medium Density: 12-15 units/acre) to H30 (Medium- High Density: 21-30 units/acre)for the property located at the northeast corner of Murray Canyon Drive and Sierra Madre.The General Plan Map Amendment will facilitate the development of a 66- unit timeshare project. The third request is for Case 5.0941, an application by Palm Springs Modern Homes II, LLC for an amendment to the General Plan Circulation Plan to delete Arenas Road between Hermosa Avenue and Sunrise Way. Currently, Arenas Road is designated as a secondary thoroughfare on the General Plan, but is unimproved in the portion described above. The deletion of Arenas Road between Hermosa Avenue and Sunrise Way is consistent with existing conditions and the Draft Section 14 Master Plan. An Environmental Assessment has been prepared and will be reviewed by the City Council at the meeting. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposals. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Clerk at, or prior to, the City Council hearing. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Associate Planner, (760) 323-8245. PATRICIA A. SANDERS Publish: February 4, 2003 City Clerk The Public Record MLvsva alvyCl ssvappv OAUNAV VA 009 661 175 009 702 371 009 710 027 Southrldgo Property Owners Assn David Pence&Sally Pence Matthew&Vergie Dragim ich 3333 B Palm Canyon Dr 183 Malibu Dr 4193 B Matthew Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 681 160 002 681 160 012 68 160 014 Raymond Ellis Fdh Enterprises Inc Fdh s Inc 2601 S Cherokee Way 11300 N Rodney Parham Rd#300 11300 odney Parham Rd#300 Palm Springs, CA 92264 Little Rock,AR 72212 Li ock, 72212 1 160 0 68 160 0 681 170 001 Usa Easmupnitgz�toml Seminole Associates U -01.83 A nterior 173 N Anita Ave A DC 20401 Los Angeles, CA 90049 s VoA6OP' 681 170 007 681 170 038 681 170 063 Marilyn Zalkowitz&Annette Zalkowit H F Boeckmann Ii&Jane Boeckmann Gary Boskovich&Lloyd Maryanov PO Box 5420 15505 Roscoe Blvd 79808 Arnold Palmer Palm Springs, CA 92263 Sepulveda, CA 91343 La Quinta, CA 92253 170 064 681 170 065 6 1 170 066 Gary sk ch&Lloyd Maryanov Gary&Susan Boskovich G vich&Lloyd Maryanov 79808 d Palmer 4193 E Matthew Dr 798 d Palmer La Uinta CA 92253 Palm Springs, CA 92264 Quints C 2253 681 70068 SronSo� iorarigicevich Trust John Sanborn y Maryanov Trustee Usa Jr. gene JrSeundo Sanborn Ale, Inc. 801 E. Tahquitz Canyon NO S ET orNUMMER 1227 S. Gene Autry Trail#C Palm Springs, CA 92262 ' C Palm Springs, CA 92264 Sanborn A/E, Inc. 1227 S. Gene Autry Trl C Palm Springs, CA 92264 Neighborhood Coalition Labels Bob Seale Christine Hammond John Hunter 280 Camino Sur 1155 S. Camino Real P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Tim Hohmeier Frank Tysen 1303 West Primavera Drive 1387 Calle De Maria 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 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-2 AND R-1-AH TO C-M AND 0-20, FOR THE PROPERTY LOCATED AT 4155 E. MATTHEW DRIVE, ZONE R-2 AND R-1-AH, SECTION 30. - - - - - - - - - - - - - - - - - - - THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1.Pursuant to Section 94.07.00E-6 of the Palm Springs Zoning Ordinance, the official zoning map of the City of Palm Springs, referred to herein, is hereby amended as follows: Change of Zone from R-2 and R-1-AH to C-M and 0-20 The parcel of property legally shown on Exhibit A is approved for a change of zone from R-2 and R-1-AH to C-M and 0-20, specifically on the property located at 4155 E. Matthew Drive on file in the Planning and Zoning Department, Case 5.0916 GPA/CZ. SECTION 2.EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2002. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED & APPROVED: EXHIBIT A PROPOSED CHANGE OF ZONE: R-2 and R-1-AH to C-M and 0-20 APN#681-170-064 W I.L. All R-G-A(8) R-G-A(8) R•G•A (8) P.D. of N RMHP R-3 o LL. C-2 R-G-A-(8) R-G-A-lel : :.......t LL. I.L. R-I-A�' "'* Ft PAHP 0-20 W- w . LL' RMHP -�. Woo w-R-p C-D-N.w SuBSeCi ARE 0-20 0-20 I.L. I.L.