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HomeMy WebLinkAbout5/19/1981 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 19, 1981 An Adjourned Regular Meeting of the City Council was called to order by Mayor Doyle, in the Large Conference Room, City Hall , 3200 Tahquitz- McCallum Way, on Tuesday, May 19, 1981 , at 1 :50 p.m. ROLL CALL : Present: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle Absent: None (Note, also present: Tribal Councilmembers B. Young, M. Patencio, and Sue Short, and Tribal Council attorney - Chairman R. Patencio entered at 2:30 p.m.) 1 . C.U.P. CASE 5.925 - PETER FAIRCHILD APPEAL TO TRIBAL COUNCIL Mayor stated that the purpose of the meeting was to hear appeal of Peter Fairchild to the Tribal Council to allow extending hours of operation for restaurant in connection with golf center on El Cielo Road. He turned the meeting over to the Tribal Council Vice-Chairman. Director of Community Development offered the following comments: a) Project was originally approved in 1975 for a 9-hole golf course, mini-golf course, other recreation facilities, clubhouse with limited dining for the center, in an R-1-C zone. b) Such type use can be approved under a .conditional use permit. c) Adjacent residents objected to the project at that time on the basis of noise, traffic congestion in a residential area, and incompatibility with residential neighborhood. (78) d) Project eventually recommended for approval by the Planning Commission, and approved by the City Council , subject to sixteen conditions, one of which related to studying possible limi- tation on hours of operation, and when final development plans were approved, an additional condition was placed on the project that hours of operation be limited to 6 a.m. to 10 p.m. e) Appeal relates to that condition, in that applicant desires to operate until 2 a.m. ; application was made last year .to have the condition removed because of remodeling to expand dining room and eliminate recreation room. f) Planning Commission position was that the recreation center was the use allowed and clearly stated that food service was an accessory use to the recreation center; approval to the contrary would be spot-zoning, allowing commercial use in a residential zone; and it was not ,the intent of the Council or the Commission that the property be a commercial use. g) Additional protests received in considering the changes, and retention of the closing hour was approved by the Commission, and upheld by the Council . Council Minutes 5-19-81 Page 2 1 . C.U.P. CASE 5.925 - FAIRCHILD APPEAL TO TRIBAL COUNCIL John Adams, Planning & Engineering Consultant for Tribal Council , stated that the appeal was processed in accordance with Tribal Council Ord. No. 5; that the Indian Planning Commission, after review of materials submitted, including city record and presentation by appellant, on February 9, 1981 , made findings and recommended that the Tribal Council sustain conditions 1 through 4, relating to the request for amendment to the CUP, and substitute condition 5 to read, as follows : " That the hours of operation for the restaurant and lounge be extended to 2 a.m. for a period of one year, at which time CUP Case 5.925 shall be reviewed by the Planning Commission. Continuance of the 2 a.m. closing time shall be subject to the Planning Commission 's findings that the operation of the restaurant and lounge beyond 10 p.m. has not adversely affected the public health, safety and/or welfare. " A copy of the Indian Planning Commission findings and recommendation is on file in the Office of the City Clerk. Peter Fairchild, appellant, stated that when he acquired the facility in 1979, he had an improvement program to develop, what he believed to be, a great facility for the city; that he changed the pinball machine CONT'D area into an expanded dining facility, including (78) a small bar for patrons ; that closing at 10 p.m. has a significant effect on receipts, employee wages, and prospect for facility rental to the landowner; that extending hours of operation will make'more time available to the public, as well as increasing employee wages; that there is ample parking, entrance is from E1 Cielo which is a secondary thoroughfare and the facility is small ; and that he requested the Tribal Council to extend the hours as it deems appropriate. Allen Perrier, attorney for the appellant, offered the following comments : a) He was not aware of the Indian Planning Commission recommendation when he contacted Councilmembers to suggest effort be made to try the later hours,. and if that produced a problem, to use the CUP procedures to return the hours to the current condition. b) Should be way of settling these kinds of disputes in a more reasonable fashion; should be appreciation of fact that Tribal Council has final action; that with such authority is responsibility of Tribal Council to members of the tribe and lessors of the property. c) Planning or City Council minutes did not reflect any good reason why the facility should not close at 2 a.m. d) Site contains more than adequate parking; abuts secondary thoroughfare; is remote from adjacent property (submitted drawing indicating property relationships, a copy of which is on file in the Office of the City Clerk) . Council Minutes 5-19-81 Page 3 1 . C.U.P. CASE 5.925 - FAIRCHILD APPEAL TO TRIBAL COUNCIL e) Developer has built an excellen, facility, will maintain buildings and the golf course in good condition; entrance is in passage area so will not disturb anyone because it is hidden; entrance is close to the main entrance for the entire facility; facility is useful to the community; and significant investment has been made. f) 10 p.m. closing makes it difficult to make a reasonable profit on investment; also effects interest of the lessor's of the property to produce percentage of rentals ; property owner has authorized him to request that the Tribal Council supports its Planning Commission recommendation. g) Recommend extending hours of operation to 2 a.m. , subject to reconsideration by the City Planning Commission, following CUP process after notice to lessee and neighbors, if City staff of opinion that there has been significant disturbance to the neighborhood. Vice-Chairman inquired if anyone in favor of the application wished to be heard. Allen Keller stated that he highly recommended the restaurant and stated opinion that it should have the same consideration as other restaurants in the City. CONT'D Morley Gilmore, Associate Director of the Fairchild (78) Enterprises, gave a commendation of Mr. Fairchild and his operation at the golf course; and stated opinion that extended hours will increase revenue to the City, Tribal Council , and restaurant employees. Tribal Council Chairman inquired if anyone in opposition to the application wished to be heard. J . Kenneth Moran, 2965 Alta Loma Drive, speaking in his own right and not as a city employee, stated that he is a sublessee of property adjoining the facility; that he has previously voiced his opposition and presented petition to the Planning Commission signed by residents adjoiningthe facility who are in opposition to the extended hours, and authorization by Miles Gullingsrud to add his opposition; that the argument concerning other restaurants overlooks fact that it is not a right enjoyed in the R-1-C zone, and is only there by permission, and is not entitled to any rights that other restaurants may have; that the analogy of country clubs has no bearing because people who buy homes in a country club know what the circumstances are, which was not the case in the Los Compadres Estates; that there was no reason to oppose the issuance of the liquor license, since the 10 p.m. closing was in effect at the time; that the request for extended hours did not occur until after the liquor license was granted; that, in his own experience and that of one signer of the petition, most problems which occur as a result of excessive alcohol happen late in the evening and generally near 2 p.m. ; that the City has had to take action against two restaurants because patrons disturbed the neighbors when leaving the establishment; that the developer, and lessee, of the Los Compadres Estates is on record as being opposed to a closing hour after 10 p.m. , as being incompatible with the residential t Council Minutes 5-19-81 Page 4 1 . C.U.P. CASE 5.925 - FAIRCHILD APPEAL TO TRIBAL COUNCIL use; and those who signed the petition asked that he re-emphasize their opposition. In answer to questions by Tribal Council , Mr. Moran stated that the developer is on record opposing a closing after 10 p.m. , and his appearance to re- iterate that would be in violation of the hearing notice that matters of record not be brought up again; and that there is nothing between his street and the source of potential noise. Joe Nickolai , resident, expressed agreement with Mr. Moran 's statement, stating that he purchased his home three years ago and did so because it was a residential community; and his opinion that changes of zone should be left to a vote of the people in the area. Mr. Perrier stated that he felt it was significant to note that the restaurant has been in operation and even though the closing has been at 10 p.m. , he has not heard of any complaints or problems about people leaving the area. Tribal Council Planning Consultant reiterated the CONT'D Indian Planning Commission findings and recommendation, (78) and stated that the residential area is buffered somewhat by the golf course itself, and that the appellant should be given an opportunity to demonstrate that he can perform. In answer to question of City Council , he stated that he understood the snack bar was incidental to the golf course, but when the Planning Commission approved a change including 47 seats and 8 bar seats, it removed the snack bar status and approved a restaurant; that R-1-C permits golf course and clubhouse, and he believed the Commission's action placed the development in that condition, and did not believe it was a question of spot-zoning; and that he thought such uses should be carefully monitored via a conditional use permit with proper conditions. Director of Community Development stated that this was not a case of a conversion from a simple snack bar to a restaurant, that there was always sit-down facilities, and the expansion was only to add 8 bar seats in-lieu of the room which held the game machines; that it was not a change in the original use, , nor was it physically a large expansion; that the dining was there and developed for use by patrons of the recreation center; and that it was not a question of allowing a restaurant and then restricting its use. There being no further testimony, Tribal Council Chairman closed the hearing. Chairman stated that it would be unfair to all concerned for the Tribal Council to render its decision at this time, and that he had not seen any interest or opposition from the remaining people in the area. Mayor stated when the Planning Commission received the request for the expansion, the issue of extending the hours or granting of liquor license was not raised, and if the Commission had been aware that there would be a full-blown restaurant use, it probably would not be in 'the form seen today; that such would not Council Minutes 5-19-81 Page 5 1 . C.U.P. CASE 5.925 - FAIRCHILD APPEAL TO TRIBAL COUNCIL mean that the applicant could not have appealed to the Tribal Council ; and that he shared some of the concerns of residents in the area relative to this type of expanded use in a residential zone. Councilwoman Ortner stated the facility was untended as a recreation facility for young people; that it did not succeed because of conflicts with the first partnership; and that what has happened in the interim is not the intent of what was approved, and she did not believe the Planning Commission would have approved a full-fledged restaurant. Councilman Beirich stated that one would have to have sat through the multiple public hearings before this "Facility even went in to have a full understanding of the concerns of the people in the area as to the intrusion of commercial use in a residential CONT'D zone; that it was felt to be a benefit to the City (78) and somewhat compatible to the area ; that it was never intended as a full-service restaurant; that food and beverage were considered accessory to the use, and it has gone beyond that; and that if the Tribal Council affirms its Planning Commission recommenda- tion, then perhaps it should stipulate that 47 seats is as large a restaurant as will ever be approved, since there is enough parking to expand it further, if it is to be viewed from an issue of economics. Councilman Rose stated that he supports his comments reflected in prior minutes and appropriate both then and now; that when the entire use came to the. City Council , it had no right to be there, and applicant entered into a contractual relationship that it would agree to the terms of the use permit, and would abide by the 10 p.m. closing; and that government did not take an opportunity away from an individual , but contracted away something which it did not have to contract away, in order for the individual to have the use and to abide by the closing hour. Councilman Field stated that he voted against the project initially because of significant resident complaints regarding its even coming about, and he believed it is a snowball and urged the Tribal Council to deny the appeal . In response to comments by Tribal Council Chairman other conditions and focus of appeal , City Council- members and Mayor commented that the 10 p.m. closing was one of the original conditions of the use permit; that the applicant was aware of the conditions of the use permit when he assumed the property; that the other conditions relate to a reiteration of condi- tions of the original permit which were not met and which were required to be met otherwise the expansion could not proceed; that the use is not by right- of-zone; and that the only issue of the appeal relates to the hours of operation. 4N Council Minutes 5-19-81 Page 6 1 . C.U.P. CASE 5.925 - FAIRCHILD APPEAL TO TRIBAL COUNCIL Director of Community Development stated that all conditions established in 1975 were adopted as a condition of operation for the facility and those have not been changed; that there have been requests to do so, but to pull power from that which was originally approved would not be acting in good faith in terms of the original conditions in order- to obtain the use. Mr. Perrier stated that if the original conditions make sense, then they should be complied with, however, circumstances change, and if it no longer makes sense, then the conditions should be changed; that the applicant has a significant investment; and that the Council has the power to change the conditions. CONT'D Councilman Rose noted that he felt the 10 (78) p.m. closing was not reasonable; that perhaps 12 midnight was more realistic; and that two members of the City Planning Commission also thought 10 p.m. was unreasonable. Tribal Council Chairman stated that he was not aware of the original acceptance of the 10 p.m. closing; and that the Tribal Council would have to take that into consideration. No action taken - Tribal Council Chairman turned the meeting back to the Mayor. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. NORMAN R. KING City Clerk Y: JUDITH SUMICH Deputy City Clerk