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HomeMy WebLinkAbout6/1/1983 - MINUTES 2 t�a CITY OF PALM SPRINGS CITY COUiv,GIL �dINUTES JUNE 1, 1983 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Inlay, on Wednes- day, June 1, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Ortner, Maryanov, r ' and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a moment of silence. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meei,ing adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . (See CRA Minutes this date relative to determination as to which Council-CRA members shall abstain on all matters relative to the Tahquitz-Andreas Rede- velopment Project) APPROVAL OF MINUTES: It was moved by Doyle, seconded by Foster, and unanimously carried, that the minutes of May 3 and 18, 1983 be approved. PUBLIC HEARINGS: 1 . P.D. 113 (WESTAR) Recommendation: That the Council approve revised conditions of approval for P.D. 113, for 6-acre shopping center at the SE corner of N. Palm Canyon and Racquet Club Road. Director of Community Development reviewed his report, dated June 1 , 1983, noting that the revision relates to understandings (116) at the time of the project approval , i .e. , parking standards to be established by use and not under CDN parking standards as noted in the Development Committee, and that restaurant and food services be allowed without a separate conditional use permit; and that all other prior conditions would be met. Mayor declared the hearing open. sCharles Spataro, 344 W. Racquet Club, stated that he has been supportive of the project, and believed that the street should be improved in exchange for the right-of-way. Fie was advised that comments relative to the equity of right-of-way would more appropriately be addressed at the June 15, 1983, A.D. ` 141 hearing. There being no further appearances, the hearing was closed. In answer to question by Council , Director of Community Develop- ment stated that the zoning does not change; that the CON standards do not apply; and that a vacancy in any building ' could only be converted to a restaurant use if it could meet the required parking. Resolution 14618 approving revised conditions, as recommended, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolution 14618 be adopted. f}E' Council Minutes 6-1-83 Page 2 2. Z/C 5.0251 (ELLIS) ' Consideration of appeal from Planning Commission denial of application for zone change from 0-20 to R-1-A for property at the southerly extension of Cherokee Way, south of Matthew Drive, westerly to Southridge Drive. Director of Community Development noted historic information relative to the site, i .e. , that the property was subjected ' to scrutiny in 1977, when a parcel map was approved, subject to conditions including a density transfer which the applicant subsequently stated he could not comply with due to provisions of his Indian-owned land lease; and that the Commission recom- mended denial on the same findings which were previously made. He stated that the applicant does not believe he can comply with the density transfer. He stated that the final map was never filed. In answer to questions by Council , Director of Community Development stated that the lot sizes are approximately 1 acre each; that the applicant indicated he could not dedicate development rights because of his lease; and that Planning Commission had not considered possibility of dedication of development rights for the leasehold interest, only in per- petuity. Mayor declared the hearing open. (149) Matthew Dragicevich„ 4101 Matthew Drive, staged that approval of the master street plan for Section 30 set the pattern for development; that said plan led to the first of the two lots, i .e. , extension of Cherokee proceeding up the hillside as ; it exists; that the distinction of the hillside and where it begins is a question, and in his view, the lots cannot be seen, and it would not be a question of defacing the hill- side; that he did not believe the remaining hillside property should be co-mingled with this issue; and that only the right to develop the lots should be considered. Allen Perrier, 3001 E. Tahquitz-McCallum Way, stated that + the lots were originally graded in 1965-66; that the 0-20 zoning was applied in 1973, and in 1974, the same relief now being sought was requested; that approval of lots 1-3 is requested, for which the street is improved and is more than adequate to accommodate the three lots; that if the lots are rezoned to R-1-A, they will be developed as three residential sites; that the Council is urged to change the General Plan and provide zone change to R-1-A, and defer the matter of the balance of the property; that the line of sight of the lots will not be obnoxious to any hillside protector; and that Cherokee Way extends up the hill to access the lots. In answer to questions by Council , Mr. Perrier stated that the applicant does not intend to subdivide the three lots; that the issue of the 40 acres can be addressed in the future; that although there is no current plan by Ellis to do anything with the 40 acres, he believed that at some time a proposal would be made, either by Ellis or some other developer, and eventually the area will develop. There being no further appearances, the hearing was closed. Mayor stated that he supported considering the three lots now, and taking up the issue of the 40 acres later; that there is a house there now, and the lots would not effect the hill- side; that he does not favor anything further into the hillside, but views the property as "bottomland" and a. special circum- stance, i .e. , it has a road, lots are prepared, there is a house, and there was prior approval . , Council Minutes 6-1-83 Page 3 2. Z/C 5.0251 (Continued) In answer to questions by Council , Director of Community Development stated that although improved, not all of Cherokee Way has been dedicated; that it was required to be installed CONT'D in connection with frontage of the mobilehome park and to (149) connect with Matthew Drive; that the area was not part of the Tribal Council zoning proposals, and he did not recall any discussion on the parcel with the Tribal Council at the time zoning issues were being addressed by the two Councils ; that soils and geology tests, previously required, have not been done, which are usually addressed as part o, tfle tentative map, in order to ascertain any structural changes which might be needed; and that if approval were desired by the Council , either a finding that it complies with the General Plan would have to be made, or the matter referred to fire Planning Commission for General Plan amendment. Councilman Doyle stated that the prior approval was based on the open space dedication in perpetuity; that he believed the property will eventually come before the Council regarding the 40 acres, but he did not wish to compromise what he believed to be right for the community. Councilman Maryanov concurred with Mr. Doyle, stating that there are no trade-offs in approving the lots; that he was concerned by the fact that nothing has been done to address previous Planning Commission concerns regarding soils and geology testing which were conditions in the previous approval ; that he did not favor approval at this time; and that there should not be a backing down on the open space. It was moved by Foster, seconded by Doyle, and carried by the following vote, that the appeal be denied: AYES: Doyle, Foster, Maryanov & Ortner ` NOES: Bogert ABSENT: None 3. Z/C 5.0264 (DANA TROUPE BIGELOW) Consideration of appeal from Planning Commissiiou denial of change of zone from R-G-A (6) to C-1 for property on the north side of Racquet Club Road, east of Palm Canyon Drive. Report reviewed by Director of Community Development, noting that there is a lot of information in the letter of appeal which is not relevant to the zone change, but to the assessment district for street improvement. (149) Mayor declared the hearing open. Mel Bigelow, 360 W. Racquet Club Road, stated that the property was purchased ten years ago as a residence, with knowledge that the vacant property across the street would be in keeping with the zoning; that, in the last two years, a shopping center has been built across the street and one is proposed to be built immediately to the west of his property; that he believed the home no longer belongs there; that they are subjected to noise, traffic, people walking along the vacant property to and from the shopping center, and police activities at the shopping center; that the Planning Director had made state- ment that if Westar had purchased his property, it would not be limited to the same restrictions, and he thought it would ' have been included in the shopping center to the west; that he did not think anyone would purchase the property as a home; and that upon completion of the street improvement, the curb will be 6-ft from their family room. Council Minutes 6-1-83 Page 4 3. Z/C 5.0264 (Continued) �I Dana Bigelow, 360 W. Racquet Club., stated that the shopping center resulted in a noticeable increase in traffic and pedestrian activity on Racquet Club Road, and people around her home that police have been called to arrest people, break up fights, etc. ; that parking lot cleaners make noise into the early morning hours; that these problems will compound with another shopping center to the west; that; apartment devel- opment does not pencil-out; and that the home has lost its residential value to anyone. Allen Perrier, 3001 E. Taghuitz-McCallum 'Jay, stated that by virtue of the planned development district., a strip shopping center was created and a significant portion of the building is on the R-G-A portion, as. will be the case in the new shopping center, and in that instance, the main building will be adjacent to the Bigelow residence; that two shopping centers will dominate the property; that Planning Director had said that there would not have been any problem in including the Bigelow property in the shopping center if it had been owned by the developer; that he disagreed that the street; widening is not involved, since a condition of approval of the PDD was that Westar was to pay for the widening of Racquet Club from Palm Canyon to Indian ; and that result of the assessment district - process, would mean that the Bigelows will pay $41 ,000 in improvements, and receive $15,000 for the right-of-way on the two parcels, which results in a severe economic loss. He read portion of the January 20, 1982 Council minutes relative to PD .113, i .e. , statement by City Manager relating to staff recommendation concerning the use of an assessment district; CONTI ' that he believed it obvious that Racquet Club Road will be (1149) widened and the residential purpose of the house has ended; that he believed the Bigelow, Spataro, and church properties to the east could easily be rezoned to "square-off" the com- mercial zone; that the Director of Community Development did not think R-3 zoning was appropriate, and a Planning Commis- sioner stated that there is no market for apartments in the area,. which he stated would not pencil out nor are there any apartments being built in the City; that the appellant is willing to proceed with dedication of the right-of-way, and the condition for Westar to pay for the widening can be imposed. He stated appellant has no problem with sewer connection obliga- tion. Culver Nichols, 899 N. Palm Canyon spoke in support of the application, stating that previous owners of the property actively resisted designation of Racquet Club .as a major street, and commercial uses in the area; that the intrinsic value of the property has been diminished by the existing conditions; and that not all uses in the R-G-A-(6) zone can be built on the site because it is less than 2 acres and will be further reduced in size by the street dedication. Charles Spataro, 245 W. Racquet Club Road, owner of property at 344 W. Racquet Club Road, stated that his tenant moved when it was discovered that the shopping center was to be built. There being no further appearances, the hearing was closed. v Council Minutes 6-1-83 Page 5 3. Z/C 5.0264 (Continued) Councilwoman Ortner noted that uses permitted in the R-3 zone would still be subjected to the same noise and other factors about which the appellants are complaining; and that she felt this was an example of a situation where demands placed on the property have changed as a result of changes happening ' around it, and she was not opposed to the rezoning. In response to questions by Council , Director of Community Development stated that the facts presented by Mr. Perrier were substantially correct; that the buildings proposed on the north side of Racquet Club are designed to present a good-looking appearance to the residential property and 'there will be no access to parking from that side; that it was origi- nally proposed that Westar pay the street improvement cost, if ;the property owners dedicated the right-of-way; that a larger area was looked at, and the result was the formation of the assessment district. Councilman Doyle stated he agreed that the underlying zoning of R-G-A has turned out to be commercial , in view of the busi- nesses allowed to be built there; that although the property was purchased as residential , with assumption the buyer knew s what he was doing, the changes over the years dictates that something other than the R-G-A is needed; that he believed this situation to be a question of equity; and he did not view this as spot zoning. Councilman Foster agreed with the question of equity, however, stated that some compromise should be sought, since the same' COfdT'D arguments could be made by the owners of the nexw; residential (l49) property, and so on down the street; and that there needs to be a better use of the property. Councilman Doyle stated that he felt it would be proper to refer this matter to the Planning Commission to address the issue of equity, in terms of what has been allowed to happen ' in the way of commercial development, and the impact of that; and to make a recommendation which addresses the concerns of the Council . t Councilman Maryanov stated that relief is mandatory; that this is not ordinary spot zoning, and he agreed with Mr. Doyle. Councilman Foster stated that the Commission should be cognizant of the impact of whatever zoning is deemed applicable to the properties adjoining the Bigelow property. •4 Councilwoman Ortner stated that she favors C-1 zoning. In answer to question by Council , Director of Community Develop- ment stated that C-1 would allow professional uses, but the same is not true in reverse, with some minor exceptions. Councilman Maryanov stated that the commission needs to look at all of the properties in the area, not just the Bigelow site; that he did not agree with professional use, since he did not think anyone would build professional developments for many years to come and in light of the amount of vacant professional buildings today; that he tended to agree with C-1 , but a study needs to be made of the total area before arriving at a conclusion. It was moved by Doyle, seconded by Maryanov, and unanimously carried, that the Planning Commission reconsider recommendation for zone change, taking into consideration Council concerns as above expressed. fu" G ' Council Minutes 6-1-83 Page 6 4. AA CASE 3.568 - ROBERT FLOYD , Consideration of appeal from Planning Commission denial of application for architectural approval of a 3rd story addition to hillside single-family residence at 555 N. Patencio Road. Report reviewed by Director of Community Development, as well as presenting a number of elevations and photographs. He stated that the break in the ridgeline can be seen from some places, and not from others. Mayor declared the hearing open. Lazlso Sandor, architect for appellant, stated that opinion that the design fulfilled the mandate of the hillside ordinance; 4 that the planning staff and architectural committee recommended approval ; that another house in the area has created public criticism and he believed the Planning Commission was overly cautious in not wanting to make a mistake and sent this matter to the Council for decision, although it agreed that the design complimented the background and the surrounding area; and that the structure will never appear as anything other than two stories. James Schlecht, attorney for the appellant, stated that over $2 million is invested in the home, and the appellant would not jeopardize that investment; that he is sensitive to the ` environment and a number of designs and configurations were explored, however, the addition is the only practical and functional solution; that the somewhat sunken garage constitutes the structure as a two.-story, however, it does not appear as such; that the design meets the test of the hillside ordi- nance; and that he thought the Commission was afraid to make a decision, and he did not think it found substantial reason ' for denial . Eli Birer, 700 E. Tahquitz-McCallum Way, stated that the home appears to be one story, and sits on two acres, however the site is restricted by its contours and terrain. There being no further appearances, the hearing was closed. In answer to questions by Council , Planning Director stated that the pad was created for the house, after cutting out the hillside; that the house sits on or very near the rear ' setback line, and directionally, the only space would be south and east, but the hillside falls away; that the pool was cut into the hillside and is supported by a retaining wall ; that there were no alternatives, but to go up, except down and away from the house. Mr. Sandor confirmed) that the height of the addition is 10 feet, and from the previous main grade, the overall height is 26 ft. , and 32-ft if the subterranean y garage is considered; and that the house was set back 28 ft from the front retaining wall , and would never appear more than 20 ft in height. Councilman Foster stated that the hillside ordinance allows 30 ft. , but it was intended that the height would be a result of stepbacks in achieving the building height. It was moved by Doyle, seconded by Maryanov, and carried by the following vote, that the appeal be upheld) and the Planning Commission denial overruled: AYES: Doyle, Maryanov & Bogert NOES: Foster & Ortner ABSENT: None Alt Council Minutes 6-1-83 Page 7 PUBLIC COMMENTS - None LEGISLATIVE ACTION: 5. DESERT FASHION PLAZA - EIR CONSULTANT Recommendation: That the Council approve agreement with BCL, Inc. , to prepare EIR for the Desert Fashion Plaza expan- sion project, in amount of $12,520. Matter reviewed in detail (116) at last study session. ` Minute Order 3244 approving agreement, as recormended, was presented; after which, it was moved by Ortner, seconded by Foster, and unanimously carried, Doyle abstaining, that Minute Order 3244 be adopted. 6. DISASTER COUNCIL Recommendation: That the Council repeal Chapter 2.20 and enact new Chapter 2.20 of the Municipal Code to establish a City Disaster Council , to comply with State Disaster Prepar- edness standards. Matter reviewed in detail at Ludy session. (103) City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ESTABLISH A CITY DISASTER COUNCIL. It was moved by Doyle, seconded by Ortner, avid unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. ' 7. MANAGEMENT CLASSIFICATION & SALARY STUDY Recommendation: That the Council award contract for consulting services in connection with the above to Ewing & Co. , Manage- (110) ment Consultants, in amount of $13,900. Matter reviewed in detail at last study session. Minute Order 3245, approving proposal , as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that further reading " be waived, and that the Ordinance be introduced for first - reading. CONSENT AGENDA: 8. Resolution 14619 amending comprehensive fee schedule to increase Sewer Connection Fee to $2,033 for each residential unit, with (114) a corresponding percentage increase for commercial , industrial , and hotel units as of July 1 , 1983. 9. Minute Order 3246 approving Addendum #2 to AGR #1524 with James Montgomery Consulting Engineers, Inc. , for extension of services ( 127) ' to June 30, 1983, re Wastewater Treatment Plant Expansion. ' 10. Minute Order 3247 approving agreement with Brown & Nazarek, to act as legal counsel re eminent domain proceedings as may (56) be required for A.D. 141 . 11 . Resolution 14620 approving TTM 8429-Revised to divide property (137) r on Via Miraleste, between Tamarisk and Tachevah - J. Crncic. 12. Minute Order 3248 approving assignment of lease at 219 S. Palm (117) Canyon (Village Green) from DeGrado to Marshall H. Pearcy, which terminates on August 31 , 1984. 13. Resolution 14621 modifying owner occupancy restrictions affect- (116) ing density control for P.D. 110, 115, and 116. �✓ Council Minutes 6-1-83 Page 8 14. Resolution 14622 receiving documents from CRA relative to Tahquitz-Andreas Redevelopment Project and setting joint hearing ( (724) for July 6, 1983 on the Plan and Final EIR. 15. Resolution 14623 and 14624 approving Payroll Warrants and Claims (86) & Demands. It was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolutions 14619 through 14624 and Minute Orders 3246 through 3248 be adopted; Doyle and Foster abstain- ing on Resolution 14622. + REPORTS & REQUESTS: 16. CITY COUNCIL reports or requests a) At suggestion of Councilwoman Ortner, it was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolution 14625 commending Peter Koetting upon receipt of the Five Outstanding Young Californians Award by the (74) California Jaycees at its annual conference. 17. PUBLIC reports or requests - None 18. STAFF reports or requests - None ADJOURNMENT There being no further business at 10:15 p.m. , it was moved, ' seconded and unanimously carried, that the meeting adjourn , to a Closed Session (Legal ) , and upon reconvening, Mayor declared the meeting adjourned. ' C JUDITH SUMICH City Clerk i