HomeMy WebLinkAbout10/13/1983 - MINUTES 191"Ulcl) Ur
CITY OF PALM SPRINGS
CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY
OCTOBER 13, 1983
An Adjourned Regular Meeting of the City Council and the Community
Redevelopment Agency of the City of Palm Springs, was called to order
by Mayor/Chairman Bogert, in the Council Chamber, 3200 Tahquitz-
McCallum Way, on Thursday, October 13, 1983.
ROLL CALL: Present: Council/Agency Members Doyle, Foster, Maryanov,
Smith and Mayor/Chairman Bogert
None
The meeting was opened with the salute to the Flag and a moment of
silence.
JOINT PUBLIC HEARING:
1 . PARTICIPATION AGREEMENT WITH NORTH PLAZA ASSOCIATES AND SOUTH
PLAZA ASSOCIATES
Council/Agency Member Doyle stated that he would abstain
from discussion and voting, and would remain seated as an
interested citizen. "
Agency Legal Counsel , Coombs, stated that this was a noticed
hearing to consider proposed participation agreement, as
above noted; that the agreement and report were on file for
the legally published period; that the recommendation of
staff is to continue the public hearing to October 20, 1983,
for the purpose of considering the agreement as complete
and allowing the public and others an opportunity to review
the final additions to the agreement; and that anyone in
attendance at this time, who is unable to attend the hearing
on October 20, be given an opportunity to be heard. He stated
that the agreement, as noticed lacked three exhibits, which
will be completed and available for review in the Office
of the City Clerk on the afternoon following this date; that (124)
technical clarifications will continue to be made up to the
time of action; and that there is nothing in the agreement
that changes basic business terms as setforth in the Agency's
economic report which was on file when the notice was first
published.
Redevelopment Director stated that the concept of expanding
the fashion plaza has been the subject of consideration for +
the past four years; that developers and owners have been
active in trying to make the concept happen, and the owners
acquired the P.S. Hotel property as a step toward that goal ;
that efforts have been made for some time, and dollars spent
in working with architects and developers, to develop a scheme
for redevelopment and expansion; that contact was made with
DeBartolo, a company who had an interest in entering Palm
Springs market and an interest in high-quality development
in the Central Business District; that staff has been working
to refine the agreement to bring about the project; that
the hotel is a major anchor and will bring high-quality
tourists into the downtown area; that the project provides -
a site for Saks or another high-quality department store,
plus additional square footage for high-quality shops, under-
ground and surface level parking decks, rehabilitation of
the central and periphery of the existing shopping center
to create a better appearance and mix with the area, and
a sculpture court and improvements along the Tahquitz side
of the existing center; that the Agency would acquire property
to be transferred to the developer and pay for alignment
of Belardo Road and other obligations primarily related to
off-site improvements as a result of mitigation measures
in the EIR, and the vacation of Andreas Road; and that the
project is seen as a forerunner to revitalization of the
CBD.
Council/CRA Minutes
10-13-83 Page 2
1 . FASHION PLAZA (Continued)
Dr. Howard Biel , representing the developer, stated that
,. there has been close cooperation between city staff and the
development team; and he believed the project to be an exciting
one, thought-through, and one which will fit into the community
and stand the test of time.
Mayor declared the hearing open.
Jeremy Crocker, stated that his experience showed the maps
and legal description sections of the agreement were not
available as late asOctober 3, which was five days after
the first notice; that the agreement provides that a developer
will be given land free in exchange for paying for the parking;
that other new hotel developments have had to pay for both
land rights and parking; that the agreement appears to offer
an unnecessary inducement to the developer at taxpayer expense;
that taxes paid on the development would be used to repay
Agency bonds and not be available for many years to provide
customary services of government; and that, if successful ,
the redevelopment process would forcibly deprive one group
of private landowners by furnishing their land to another
group of private persons. (124)
There were no further appearances.
It was moved by Foster, seconded by Maryanov, and unanimously
carried, Doyle abstaining, that the hearing be continued
to October 20, 1983.
Resolution 159, authorizing acqusition of property and
r' authorizing Agency officers to execute documents as
appropriate, was presented; after which, it was moved by
Smith, seconded by Maryanov, and unanimously carried, Doyle
abstaining, that Resolution 159 be adopted.
2. NOTICE OF RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY (AGENCY
ACTION)
Recommendation: That the Agency adopt a motion declaring
intent to adopt Resolution of Necessity to acquire real
property, and give notice of said intent and the opportunity
to be heard on November 2, 1983. Report reviewed by Redevelop- (124)
ment Director.
It was moved by Smith, seconded by Foster, and unanimously
carried, Doyle abstaining, that the Agency declares intent
to adopt Resolution of Necessity, and gives notice as recom-
mended above.
ADJOURNMENT: There being no further business, the Chairman declared
�. the Agency adjourned. City Council remained in session.
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Council Minutes
10-13-83 Page 3
COUNCIL LEGISLATIVE ACTION:
3. P.D. 147 - DESERT FASHION PLAZA EXPANSION
Planning Commission recommended approving planned development
district for the expansion of the Desert Fashion Plaza,
including site plan, building massing, amid architectural
design, incorporating departures from strict intepretation
of the Zoning Ordinance relative to setbacks and parking.
Planning Director read his report, dated October 13, 1983,
and stated that the proposed resolution would effectuate
the planned development district as proposed; that findings
in the resolution are expanded to include areas where the
project does not conform specifically to aspects of the Ordi-
nance, and in Finding #10 identifies areas which cannot be
mitigated or have unavoidable adverse impacts, and Finding
#11 , which is the statement of overriding issues which justify _
the project, notwithstanding the adverse environmental impacts.
He indicated on the model available the basics of the project,
pointing out areas of concern expressed by Planning, Commis-
sioners, noting trellis proposed to "tie" the existing and
new projects together, service areas and ramps, landscaping (116)
and paving, and stated that all paving and sidewalk areas will be redone. He also displayed various drawings and eleva-
tions and explained the details of each, noting that major
architectural treatment will not come back to the Council
as final development plans, but as major architectural approval
by the Planning Commission, consistent with processing of
a planned development district, however, final development
plans will be presented and will address the trellis and
hotel vehicular/pedestrian conflict on Palm Canyon.
Director of Community Development recommended that the Findings
in the proposed resolution be amended, as follows:
5. That elements of the proposal do not conform with
the setback requirements of the highrise section
of the Zoning Ordinance (9304.00) , however, are
allowable under the intent of the planned development
district.
6. That the proposal does conform with the parking
requirements of the Zoning Ordinance (Section
9306.00).
7. That elements of the proposal do not conform with
the setback requirements of the CBD section of the
Zoning Ordinance (Section 9229.00), however, are
allowable under the intent of the planned development
district.
and that a Condition 6. be added, to read:
6. This resolution shall become effective upon acquisi-
tion of the property within the project area by
either the developer or the Redevelopment Agency.
Planning Director stated that it was believed certain uses
of the hotel would not be considered dual use for parking
computation, however, at this point, depending which Scheme
is used, there could be up to a 200 space surplus; that the
Zoning Ordinance does not address parking for a regional
shopping center, but the formula developed addresses the
standard for this project and yet allows services to be added,
or modified, e.g. , food services.
Council Minutes
10-13-83 Page 4
3. P.D. 147 (Continued)
Director of Community Development stated that Condition 6
is proposed to be added, because of the interpretation of
parking and that it is a different formula than the ULI formula
originally proposed; and that even if dual usage was not
taken into account, the project would still meet parking
standards according to code; that each phase (Scheme) has
been calculated and in each case, parking would be met.
In response to question by Council , Planning Director stated
that the Development Committee included in its recommendations
specific construction implementation program; that the change
from a parking deficiency to a parking surplus is a result
of strict interpretation of the code, along with policy change
in not requiring parking for the concourse which -is not pure
retail , and coming to grips with the dual usage that will (116)
be a reality; that it has been believed for sometime that
large parking lots should get some kind of break just for
the scale of economy, and the ease and efficiency over smaller
lots.
Director of Community Development stated that staff has looked
at parking lots in terms of what downtown shopping centers
need, and bonuses or percentage of benefit for pedestrians
has not been used; that the latest ULI studies indicate a
percentage of benefit or credit that could be required to
be given in downtown areas like this, based on fact that
20% of the shoppers will be parked elsewhere and walk to
shopping areas, or that 5-10% will arrive by other means,
e.g. , taxi , bus, etc. - these were also not calucuated or
credited in computing parking for this project; and that
staff is comfortable with the numbers used.
In answer to question by Council , Director of Community
Development stated that in order to accommodate heavy trucks,
a one-way loop, with direction proceeding south from Museum
Drive, will be made, together with gates controlled from
the parking booth, and efforts will be made to have deliveries
made prior to opening hours.
Mayor declared the hearing open.
The following persons spoke in favor of the project, and
urged approval .
Don Donovan, merchant in Fashion Plaza.
Don Brown, Chamber of Commerce, on behalf of the Chamber.
Don Alexander, businessman
David Gold, Silverwoods.
Greg Mandinach, Indian Avenue businessman
Joe Tourtelot, businessman.
John Kappmeyer, stated that he was in support of the project,
but does not want other merchants to suffer as a result of
removing parking along Palm Canyon, west side, from Tahquitz
to Amado.
Planning Director stated that the plan calls for the removal
of about 30 spaces.
In response to question by Jeremy Crocker, Dr. Biel stated
that the hotel will not be converted to time-share, and that
there is a commitment from Saks dependent on moving ahead
expeditiously.
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Council Minutes
10-13-83 Page 5
3. P.D. 147 (Continued)
Larry Pierce, 433 Burton Way, spoke in opposition to the
project, stating opinions that the existing shopping center
was ill-conceived, has never been successfully leased, at
least in the back portion, was supposed to do for• downtown
what it is said this project will do, that it will not compete
with down-valley business by killing the downtown, the bulk
of the project is too much for the size of the site, and
that the City is heavily subsidizing the project; that the
reports to the Planning Commission were difficult to read
and only presented at the last minute; that there already
exists parking problems downtown, which will not be helped
by adding floor space; and that the project: lacks "pazazz"
and is not right for Palm Springs. (116)
There being no further appearances, Mayor declared the hearing
closed.
In answer to question by Council , Dr. Biel stated that he
was aware of the fact that the trellis and hotel driveway
entrance/pedestrian conflict would come back to the Council
for resolution.
Director of Community Development stated that concerning
comments in the public testimony, CalTrans has required the
removal of a certain amount of parking to permit traffic
flow and turnouts; and that the project will add 300 plus
parking spaces which do not exist in that area and, in fact,
are deficient; that commitment was made sometime ago when
problems on Palm Canyon Drive were studied that parking would
be provided off-street before any on-street parking was
removed, which is being met through this project.
Councilman Foster stated that he has spoken with Mr. Pierce
several times, and noted that Belardo Road was "given away"
20 years ago; that there was opposition at that: time, including
total opposition by the Planning Commission; that the Planning
Commission, Council , staff and others have spent a lot of
time on this project, and there is total support for it,
with the exception of objections raised relative to the
pedestrian traffic conflict at the hotel and one commissioner '
opposed to the architectural concept; that conditions have
been discussed for months, and the documents presented at
the Commission meeting the previous day were merely putting
those in writing; that the C-14A has various parking
requirements depending on uses, and the City has found in
recent studies that some of these are not reasonable, e.g. ,
parking requirements were changed last year for hotel uses,
and medical office parking requirements are now under study;
that the Council is aware of the serious parking problem
downtown, and he believed the project will help relieve that;
that the Council is looking at a parking structure, and will
have to deal with each block as time goes on; that the downtown
area is deteriorating faster and faster, and the type of
operations coming in are deteriorating the vitality and drawing
away from the focal point which Palm Springs should be in
the Valley; that these are significant reasons why the Council
is pursuing this project, and it is hoped it, will stimulate
others to improve their property.
Council Minutes
10-13-83 Page 6
3. P.D. 147 (Continued)
Councilman Maryanov stated that the fact is Belardo does
not go through that area; that the shopping center exists
and does have problems; that he, too, believed it was
ill-conceived and does not like what is there, and ways must
be found to improve what is there; that it takes dollars
to make an improvement, and a developer has come forward
with a plan, and although it may not be what everyone considers
ideal , it looks good ; that he would prefer not to close Andreas
Road, but the developer needs that to make the project work; (116)
that he did not view this as a question of keeping Saks,
but keeping high-quality shops to maintain the tourist
industry, and the expenditure of tourist dollars; that the
developer will only make money if he has something which
is more saleable than the dollars being invested, and he
would object profitting by the developer if it did not benefit
the entire community; that he sees this project benefiting
the community, but enhancing the downtown and increasing
tourism; that the Council does not control what will be built,
but can work with the property owners and developers to try
to achieve what will be best for everyone; that there is
a time crunch, and there have been sub-committees meeting
with the developers and architects ; and that in the interest
of the economy of the community, he did not know of another
direction except to approve the project.
Councilman Smith stated that the redevelopment process is
10 years old, and when approved, it was hoped that what happens
in many cities in the country could be turned-around in Palm
Springs, i .e. , dying downtown areas; that it has taken 10
years to use all of the tools available; that downtown areas
are dying because shopping centers of this nature are locating
outside of the downtown area ; that this project presents
a unique situation with a developer who can reverse that
and bring back high-fashion into the downtown area; that
he was not concerned about parking, that it was known at
the time the redevelopment process was started that there
was a parking problem, and if in fact there is a deficiency,
the Agency can acquire property to provide additional parking
- that it has that ability and probably will do so; that
the main issue is whether there will be a project, and other
details can be worked out; and that he did not see any
alternative but to move ahead with the project, which he
believes will provide the anchor and inducement for renovation
for other blocks.
Councilman Foster stated that he appreciated the comments
expressed by Mr. Pierce, as not being in self-interest, and
for his and other task force member' s work relating to parking
problems.
Councilman Maryanov agreed with Mr. Foster, noting that the
task force, too, recognized that the parking problem could
be solved by bulldozing everything, but that it did not want
to level downtown and destroy the economy just to provide
parking; and that if anything, the deficiency will be reduced
regardless of how the numbers are viewed.
Council Minutes
10-13-83 Page 7
3. P.D. 147 (Continued)
.,a
Resolution 14743, approving the P.D. , as recommended, with
above noted amendments, was presented; after which, it was (116)
moved by Foster, seconded by Maryanov, and unanimously carried,
Doyle abstaining, that Resolution 14743 be adopted.
ADJOURNMENT
There being no further business at 9:15 p.m. ., Mayor declared
the meeting adjourned.
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JUDITH SUMICH
City Clerk