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HomeMy WebLinkAbout10/17/1984 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 17, 1984 A Regular Meeting of the City Council was called 'co order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes- day, October 17, 1984, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert Absent: None COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; and upon reconvening, business resumed. APPROVAL OF MINUTES: It was moved by Smith, seconded by Foster, and unanimously carried, that the minutes of September 17 and 19, 1984 be approved. PUBLIC HEARINGS: 1 . VARIANCE 6.342 - L.C. STAHL Consideration of appeal from Planning Commission denial of variance request for reduced setbacks for 4-unit apartment building on the SW corner of Calle de Ricardo and Avenida Evelita, Section 19. Director of Community Development reviewed his report, stating that the basis for the variance related to substandard lot size, which has been used in the past as a basis for granting variances; that the request was for a 15-ft variance for the rear property line and an 11-ft variance for the west property line; that the Planning Commission considered the two-story aspect and found that a variance in this instance would establish a procedure for allowing i;his type of major setback reduction for this type of development; that if the building were one-story, it might have been approved (146) by the Staff under Administrative Minor Modifications - a 112 to 1 ft variance - but in this case, there is too much deviation from the norm for the area; and that approval might lead to finding under the same grounds for that type of variance for other properties, and if it were intended to allow that to happen, then the zoning standard should be addressed to establish standards that would apply. He stated that motion of the Commission to approve the variance failed to carry by a 3-4-0 vote. In answer to question by Council , City Attorney reported that granting a variance does not establish a precedent, because it is granted based on uniqueness of the particular property; that unequal protection under 'the law could be complained if it could be shown that properties were exactly the same and a decision to deny another such variance was arbitrary and not based on some rationale related to the property; and that denial in that instance would have to be for some reason other than aesthetics. 2211 Council Minutes 10-17-84 Page 2 1 . VARIANCE 6.342 (Continued) Councilman Maryanov stated that he would abstain on this matter. Director of Community Development stated that it would be possible to look at circumstances that might allow this type development to happen on the same shape and size lots, by right of zone, and give approval in a positive action rather than time-after-time granting a variance. Mayor declared the hearing open. Mr. Stahl , 4034 Sagewood, Palm Desert, stated his opinion that it does not seem proper to have 50-feet betv,,een buildings just because of two different uses; that all of the R-2 uses in his project will face away from the single-family; that the project will be an asset to the neighborhood and he would be able to build the project if the second story were to be off-set 5 feet, which would be possible, but not as pleasing, just to satisfy the 50-ft requirement. There were no further appearances, and the hearing was closed. Director of Community Development stated that ii the building were adjacent to a 2-story building, the setback would be 10 feet, but because it is adjacent to a 1-story building, the setback is 25 feet; that single story exists on both sides of the site; and that if the property were directly adjacent to an R-1 zone, the setback would be 150 feet. Councilman Smith stated that care needs to be exercised (146) in granting a variance, and in the case of 2-story, the setback should be far enough back to protect single-story buildings; and that he believed a precedent would be established. It was moved by Smith, seconded by Foster, and unanimously carried, Maryanov abstaining, that the appeal be denied and the Planning Commission action be upheld. 2. ZTA 5.0286 - DRIVE-THROUGH FACILITIES Recommendation: That the Council amend the Zoning Text to allow drive-through facilities only as a conditional use and drive-through restaurants, in particular, only as a conditional use in commercial zones, industrial zones, and planned development districts. Planning Director reviewed his report, dated October 17, 1984, and stated standards and procedures for drive-through (103) facilities have been developed to allow same under a condi- tional use permit; that the Planning Commission recommended prohibiting same in the CDB, and allow them in the CON; that based on discussion at the last study session, a revised ordinance has been prepared to allow drive throughs for financial institutions in the COB, under a conditional use permit, and to prohibit drive-throughs in the CDN. Council Minutes 10-17-84 Page 3 2. ZTA 5.0286 (Continued) Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read title of the Ordinance, as follows: (10'3) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW DRIVE-THROUGH FACILITIES ONLY AS A CONDITIONAL USE, AND TO ALLOW DRIVE-THROUGH RESTAURANTS AS A CONDITIONAL USE IN CERTAIN ZONES. It was moved by Smith, seconded by Birer, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. 3. GPA 5.0329 - TEXT & LAND USE ELEMENT Recommendation: That the Council amend the General Plan text and Land Use Element for the SW corner of Ramon and Sunrise Way from Professional to Professional-Limited Com- mercial . Planning Director reviewed his report, dated October 17, 1984, noting background of land use consideration for this area, and in looking at providing some flexibility, the Planning Commission favored a professional-limited commercial (I DI designation, with specific project under a planned development district; and that language will be developed to authorize a planned development district concept in-lieu of a zone change - similar to the K. Heinrich hotel j)roject. Mayor declared the hearing open; there being no appearances, the hearing was closed. Councilman Maryanov stated that he would abstain on this matter. Councilman Foster stated that this action would breakdown the zoning in the neighborhood; that neighborhood shopping centers are for neighborhood needs, and allowing commercial uses on this site will only be the beginning to expanding that to the west; and that if commercial land is desired, it should be purchased and not trying to ask for commercial elsewhere. Councilman Birer stated that this intersection is not a typical neighborhood intersection ; that it should be developed and he believed this approach to be proper; that professional designation is not the answer to what is needed by the City or the developer; and this is a good corner for that application. Councilman Foster- stated that there is residential use across the street from this location, and a molbilehome park which could eventually be developed with condominiums or other residential use, but this proposal would change the complexity of the neighborhood and destroy it with the result being all commercial uses. 2-25 Council Minutes 10-17-84 Page 4 3. GPA 5.0329 (Continued) Planning Director stated that the General Plan and Zoning Map must be consistent; that the professional-limited commercial could result in a hybrid designa.%Bon without matching zoning; that developers are often hesitant to submit schemes costing money before they know that the scheme is viable with the Planning Commission or City Council ; and (101 ) that an approved planned development district concept would establish the development parameters for a POD. Motion by Foster, seconded by Bogert, to reject the recommend- ation, failed to carry by the following vote: AYES: Foster & Bogert NOES: Birer & Smith ABSENT: None ABSTAIN: Maryanov In answer to question by Council , Planning Dirs ctor stated that the zoning issue would have to come to 'the Council for approval since there is no "professional-limited commercial " zone. It was moved by Foster, seconded by Smith, and unanimously carried, Maryanov abstaining, that this matter be continued to November 7, 1984: 4. ZTA 5.0331 - DAY CARE FACILITIES Recommendation: That the Council amend the Zoning Text to allow day care facilities in all zones, subject to CUP unless otherwise provided, and in 0 and R Zones subject to a land use permit. Planning Director reviewed his report dated October 17, 1984, and noted that the amendment responds to Si;ate mandate. Mayor declared the hearing open; there being no appearances, (103) the hearing was closed. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE, TO ALLOW DAY CARE FACILITIES BY CONDITIONAL USE PERMIT IN CERTAIN ZONES AND BY LAND USE PERMIT IN CERTAIN ZONES. It was moved by Birer, seconded by Foster, and unanimously carried, that further reading be waived, and that the Ordi- nance be introduced for first reading. 5. GPSPA 5.0334 - ANDREAS AND CALLE ALVARADO Recommendation: That the Council amend the General Plan Street Plan to delete Andreas Road, from Calle Alvarado to Avenida Caballeros as a secondary thoroughfare, and Calle Alvarado, from Andreas Road to Tahquitz-McCallum, as a collector street. (101 ) Director of Community Development reviewed his report, dated October 17, 1984, and noted that this matter was reviewed at the last study session, and relates to the proposed conven- tion center project. Mayor declared the hearing open; there being no appearances, the hearing was closed. Council Minutes 10-17-84 Page 5 5. GPSPA 5.0334 (Continued) Resolution 15289, amending the General Plan Street Plan as recommended, was presented; after which, it was moved (101 ) by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstaining, that Resolution 15289 be adopted. 6. STREET VACATIONS - CAL.L.E ALVARADO & ANDREAS ROAD On September 19, 1984, Council declared intent to vacate portions of the above streets in connection with the Conven- tion Center project and set this as time and place for hearing. Director of Community Development noted that in order to (145) provide a full 10-day hearing notice, that this matter should be continued to October 30, 19134. This item was reviewed at the last study session. Mayor declared the hearing open; there were no appearances. It was moved by Birer, seconded by Foster, and unanimously carried, Maryanov and Smith abstaining, that the hearing be continued to October 30, 1984, at 3 p.m. , in the Large Conference Room, City Hall . 7. GPA 5.0325 - HOTELS IN RESIDENTIAL AREAS Recommendation: That the Council amend the General Plan text to allow hotels, resort and the like, in residential areas not otherwise specified for such development as long as the General Plan density is not exceeded. Planning Director reviewed his report, dated October 17, (101 ) 1984, noting that language was added to provide that project proposal would have to be shown compatible with surrounding area; that a 40-acre parcel size will limit the opportunity to perimeter areas ; that the result of the change is direction of Council that such proposals are consistent with the General Plan and allow working with quality resort developer at the beginning of the process, in lieu of reacting to a pro- posal and then following suit with a General Plan amendment. Mayor declared the hearing open. John Nubie, 472 Burton Way, commented on erosion of resi- dential in the name of development; that the level of protec- tion that the residential areas now enjoy is afforded through increased red tape for hotel development; that hotel encroach- ment into residential areas will make Palm Springs a less favorable environment; that if density permits it and given enough dollars, developments of this sort could be happening in any residential area in the next 10 years; that he prefers to keep areas residential which are so designated; that this proposal reflects continued pressure by those forces which concerns themselves with the visitor rather than the permanent resident; and that he desired some continued protec- tion of the bureaucratic red tape to keep down the ingress of hotels into residential areas. 22 Council Minutes 10-17-84 Page 6 7. GPA 5.0325 (Continued) Councilman stated that a 40-acre minimum would be required for this type of development and 120 total acres probably would be needed to make it work. There were no further appearances, and the hearing was closed. Planning Director stated that the minimum 40--acre size is not the only criteria, and other conditions and requirements would have to be met. (101 ) Councilman Birer stated that this is directed to resort hotels where there are hundreds of acres, and the only way that could be successful is for it to provide amenities that require a great amount of acreage, e.g. , golf course, tennis courts, open space. Councilman Foster stated that 40 acres is not that difficult to obtain; that Tahquitz Canyon has that potential and is zoned R-3, has residences and a mobilehome park; that a person who has 40 acres might find that 30 acres cannot be used land then build everything on the remaining "flat" 10 acres; that the Heinrich project was fine because it dealt with a total environment for the development - hotel , condominiums, golf course; that this is nipping away at the protection afforded to the residences, which are sacred and should be protected; and that he did not want to jeopardize the security or peace of mind of the single-family resident. Councilman ' Maryanov stated that he views this as a honest approach and not a destruction of other uses, in that nothing is being given away; and that he is comfortable with the approach, subject to the provision of services and overall compatibility, which is included in the language of the amendment. Councilman Smith stated that he did not see this as a change to anything; that if there is enough property and a plan is submitted, in keeping with the encouragement of resort hotels, it will be approved; that this removes some of the red tape, which should be removed to make the process easier, but not to create something that would not be approved in any event. Councilman Birer concurred that the language of the amendment provides enough protection. In answer to question by Council , Planning Director stated that the proposal is not zoning, but hotel use; and that there is little density allowed on the hillside, and there would not be much to gain to put hillside prope•r•ties together. Resolution 15290 approving the amendment, as recommended, was presented ; after which, it was moved by Maryanov, seconded by Birer, and carried by the following vote, that Resolution 15290 be adopted: AYES: Birer, Maryanov, Smith & Bogert NO: Foster ABSENT: None Council Minutes 10-17-84 Page 7 S. A.D. 147 - RESOLUTION OF NECESSITY On September 19, 1984, Council continued hearing on considera- tion of adopting Resolution of Necessity to acquire certain rights-of-way for the improvement: of South Palm Canyon Drive, south of East Palm Canyon Drive. Director of Community Development reported that solution has been developed to preclude removal of walls and amenities (56) and provide 4 lanes, 11-ft each; that assessment district would not be necessary; that adoption of the resolution of necessity was still recommended, in order to pursue acqui- sition of remaining parcels to the south of the 2-block area, but continued pending preparation of a resolution to abandon the proceedings on the assessment district, and to change the exhibit to the resolution to delete those properties within the 2-block area. Councilman Birer requested that staff again look at the remaining parcels in terms of requiring the dedications ; and Councilman Maryanov suggested a field trip. Mayor inquired if anyone wished to be heard. Clark Moorten, 1900 S. Palm Canyon, and Pat Moorten, 1701 S. Palm Canyon, each spoke in support of the staff recommenda- tion concerning the 2-block area. There being no further appearances, the hearing was closed. It was moved by Smith, seconded by Maryanov, and unanimously carried, that this matter be continued to November 20, 1984 as recommended by Director of Community Development. PUBLIC COMMENTS: a) Carolyn Toenjes, 1863 Park Drive, spoke in opposition to the Andreas Cove project, requesting that massive grading not be allowed, but rather low-key architecture and density to blend with the natural desert, particu- larly, desert landscaping for the golf course. b) Bob Miner, owner of 10 acres in County relating to Item 21 , requested a continuance of this matter, in order to 'Familiarize himself with the situation. c) Jeremy Crocker, 330 W. Arenas Road, stated that he has not seen much street sweeping activity lately, and stated his opinion that the City could function very well if Prop. 36 passed. d) Bill Sorrentino, 105 N. Indian, stated that he was opposed to street vacation of Prescott Drive, stating that the sewers were just -installed and the street repaved. e) Jim Stewart stated that documents prepared by attorney for the Church of St. Paul in the Desert for conveyance to run with the property that the street would not be anything but tennis court, landscaping or parking; and that church will make dedication of portion requested by the City. 229 Council Minutes 10-17-84 Page 8 LEGISLATIVE ACTION: 9. STREET VACATION - PRESCOTT DRIVE On October 3, 1984, Council continued consideration of recom- mendation to vacate a portion of Prescott Drive. Director of Community Development reported that he had talked with Rev. Whitney on this date who requested that this matter be continued to November 7, in order for him to attend. (145) I't was moved by Maryanov, seconded by Birer, and unanimously carried, that this matter be continued to November 7, 1984. 10. ANNEXATION 23 - SOUTH PALM CANYON AREA SECTIONS 2 & ll Recommendation: That the Council consent to the annexation of the uninhabited portion of Sections 2 and 11 , consisting of approximately 490 acres and submitted by Andreas Cove Country Club. Director of Community Development highlighted his report and stated that, if approved, staff would proceed with appli- (54) cation to LAFCO. Mayor noted that the City has provided the ability to sewer the area. Resolution 15291 , approving the annexation, as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Maryanov and Smith abstain- ing, that Resolution 15291 be adopted. 11 . A.D. 148 - SEWERS (REMAINDER OF CITY) Recommendation: That the Council designate persons to perform certain duties relative to Assessment District 148; and reference the wage scale and call for bids. Director of Community Development reported that certain (56) actions customarily followed with assessment districts are being taken out of order to determine areas remaining in the City that might fall into the criteria determined by the Council for hardship and possible exemption, based on firm bids rather than engineer' s estimates, and other formal proceedings would then follow. Councilman Foster stated that he would abstain on this matter. Resolutions 15292 and 15293, as recommended, were presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, Foster abstaining, that Resolutions 15292 and 15293 be adopted. Council Minutes 10-17-84 Page 9 12. SEWER CONNECTION EXEMPTION/EXTENSION (DEFERRAL) PROCEDURES & COMP FEE SCHEDULE AMENDMENT (HARDSHIP CRITERIA) Recommendation: That the Council , establish procedures for homeowners to apply for sewer connection exemptions or exten- sions (deferrals) ; and amend the Comprehensive Fee Schedule to establish application processing fees related thereto. Building & Safety Director reported that proposed resolution was revised to reflect a deadline of February 28, 1985, (128) rather than December 31 , 1984 as originally proposed, and that Council would take action on exemptions and City Manager take actions on extensions ; and that the resolution estab- lishes procedure for both. He stated that records will be searched and individual letters sent to property owners to explain the various options available for each property. In answer to question by Council , Building & SaFety Director stated that the exemptions only apply to single-family units. Resolutions 15294 and 15295, as recommended, respectively, were presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, than Resolutions 15294 and 15295 be adopted. CONSENT AGENDA: 13. Res 15296 approving Revised TPM 17778 for property on Gene Autry Trail , south of Vista Chino and north of Tachevah Drive - Fairport (119) Construction. 14. Minute Order 3479 approving State Dept. of Transp. Agreement for Sharing Cost of State Hwy Electrical Facilities and rescind (90) any previous agreement for this purpose. 15. Res 15297 approving filing grant application under the Regional Competitive Program of the Calif. Park & Recreational Facilities (109) Act of 1984 for construction of three softball fields at DeMuth Park. 16. Minute Order 3480 approving Change Girder #2 to increase contract with Kiewit Pacific Co. , by $48,398, for construction of the (52) co-gen plants. 17. Minute Order 3481 awarding purchase of 3 full-size 4-wheel drive pickup trucks from Palm Springs Chrysler, in amount of $31 ,133. 26. (8,1) 18. Minute Order 3482 approving Change Orders 2 and 3 to increase contract with Baldi Bros. Constructors, by $57,609.35, for con- (117) struction of the Corporation Yard, CP 81-29. 19. Minute Order 3483 ratifying purchase of 12,700 lbs of blended perrennial rye seed from Cameron Chemical Company, in amount (84) of $7,747. 20. Res 15298 and 15299 approving Payroll Warrants & Claims & Demands. (86) 21 . Res 15300 concurring in CRA Res 259 through 263. (124) It was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolutions 15296 through 15300 and Minute Orders 3479 through 3483 be adopted. 231 Council Minutes 10-17-84 Page 10 22. FRINGE-AREA ZONING - A.R. I. INDUSTRIAL PARK Recommendation: That the Council recommend that the County take no action on application by A.R. I. for Industrial Park located on Indian Avenue, between the SP Railroad facilities and "Hole-in-the-Wall " auto repair shop, until completion of the Sphere of Influence Plan. Planning Director reported that the Planning Commission (123) recommended deferral because the area was preliminarily identified as industrial in the Sphere plan; that the applicant agreed to meeting the M-1-P standards, although the 25-ft landscape buffer between property lines does not comply for Indian Avenue; that the AAC reviewed the project and found it reasonable and acceptable; and that although the plans appear sketchy, it looks reasonable for an industrial park. Ms. Wilhelm, representing A.R. I. , stated that she spoke with Mr. Miner and satisfied his questions regarding the project; that the project would be built in phases; and that she did not know what kind of tenants they would have, but she felt there was ample parking and elimination of two parking spaces for the required setback would not be a problem. Planning Director stated that if the project is approved, and a permanent caretaker will be on the site, that a unit be designed with that in mind rather than use of a, mobilehome. It was moved by Birer, seconded by Foster, and unanimously carried, that the County approve the application, subject to development under City M-1-P standards, and other items above noted, as Resolution 15301 . 23. CO-GENERATION PLANT - CHANGE ORDER & RELAY STUDY Minute Order 3484, approving Change Order No. 5, alternate B, to Agr 2043 with Kiewit Pacific to increase contract by $118,000; and Minute Order 3485 approving letter proposal of Ultrasystems to perform a protective relay coordination study for the co-gen plant, in amount of $5,200, were presented; after which, it was moved by Smith, seconded (52) by Maryanov, and unanimously carried, that Minute Orders 3484 and 3485 be adopted. 24. COMMISSION APPOINTMENTS Mayor announced his appointment to the Energy Commission ; after which, it was moved by Maryanov, seconded by Foster, (60) and unanimously carried, that Evans Slater be appointed to the Energy Commission for term ending June 30, 1987, to fill unexpired term of Douglas Strauss. Council Minutes 10-17-84 Page 11 REPORTS & REQUESTS: 25. DEPARTMENTAL REPORTS - Received & Ordered Filed a) CVB - Annual Report, 1983-84 (50) 26. CITY COUNCIL reports or requests a) At request of Councilman Smith, staff requested to look into safety protection at intersection of Amado Road and Avenida Caballeros. b) Mayor reported on result of meeting regarding Fringe-toed lizard and potential fee area within the City. 27. PUBLIC reports or requests - None 28. STAFF reports or requests - None ADJOURNMENT There being no further business at 9:35 p.m. , Mayor declared the meeting adjourned to Tuesday, October 30, 1984, at 3 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH City Clerk