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HomeMy WebLinkAbout4/17/1985 - MINUTES -) CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 17, 1985 A Regular Meeting of the City Council of the City of Palm Springs was called to order by Mayor Bogert in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 17, 1985, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith & 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 meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . APROVAL OF MINUTES: It was moved by Foster, seconded by Birer, and unanimously carried, that the minutes of March 6, 20 and 28, 1985 be approved. PUBLIC HEARINGS: 1 . P.D. 166 - NATIONAL CAPITAL Recommendation: That the Council approve a planned development district in-lieu of a change of zone, for a 105-room, three-story hotel to be built on the southeast corner of Vista Chino and Indian Avenue. Director of Community Development reviewed his report, and stated that the density increase is allowed under the Zoning Ordinance because the total parking is provided underground; that the site is 1 .93 acres and 58% will be in open space, including the tennis court; that the building steps up in height as it is stepped back from the street; and that regard- ing the tennis court covering, the proposed resolution has been revised to add condition No. 8, to read, "That the (116) proposed covering of the tennis court be allowed on a limited basis of one 72 hour period per each 30 days and shall not be used after 10 p.m. and before 8 a.m. daily. " Mayor declared the hearing opened. Dee Dee Stone, 142 Eastlake questioned why a 36-Moot building height would be permitted; and expressed her assumption that all building height in Palm Springs was limited to 20 feet. Bob DeMalignon, 1533 Chaparral , stated that the noisiest area will be 20 feet from the sleeping rooms for his apart- ments, which extends one-half of the length of the property; and that the noise from the tennis courts and pool will deter- mine the Financial impact on his business. Hugh Kaptur, architect, stated that setbacks have been observed, and the pool area will not create any more noise than other hotels during normal hours ; that he did not antici- pate unusual noise after 10 p.m. that would disturb the neigh- borhood; and that the applicant intends to be a good neighbor. Council Minutes 4-17-85 Page 2 1 . P.D. 166 (Continued) There being no further appearances, the hearing was closed. In answer to questions by Council , Planning Director stated that the tennis court will be about 1z feet above natural grade at one end l and 4-5 feet at the other, and will not be lighted; that the Council could restrict; use of the covered tennis court to exclude night activities ; that walkway type lighting could be installed; that the PDD is in-lieu of a (116) change of zone, and the R-4 height limit is discretionary, in this case, 31 feet at one end and 37 feet at the other, with an average of 35 feet; that the underlying zoning is R-3, which would permit a 24-foot building height and a 10-foot setback; that the proposed setback from the DeMalignon property is 75 feet, and there will be a 6-foot masonry wall . City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR A HOTEL ON THE SOUTHEASTERN CORNER OF INDIAN AND VISTA CHINO, SECTION 11 . Resolution 15495, approving the preliminary plan, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that further reading be waived and the ordinance introduced for first reading, and that Resolution 15495 be adopted. 2. ZTA 5.0362 - PARCEL MAPS/CERTIFICATES OF COMPLIANCE Recommendation: That the Council amend the Zoning Text author- izing waivers of Parcel Maps and issuance of Certificates of Compliance, and establishing procedures related thereto. Director of Community Development reviewed his report, and (103) stated that the ordinance will allow combining two existing lots ; however, a Parcel Map would be required if the lots were to again be divided at a later date. Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 9 OF THE PALM SPRINGS MUINICIPAL CODE AUTHOR- IZING WAIVERS OF PARCEL MAPS AND ISSUTANCE OF CERTIFICATES OF COMPLIANCE. It was moved by Birer, seconded by Foster, and unanimously carried, that further reading be waived„ and the Ordinance be introduced for first reading. 3. ZTA 5.0361 - DEVELOPMENT AGREEMENTS Recommendation: That the Council amend the Zoning Text to add provisions to deal with development agreements. Director of Community Development reviewed his report, and stated that development agreements usually apply to projects (103) which have a long-time frame for completion, e. g. , two or more years, and in order for a developer to depend on approvals, the agreement provides for continuity, and can only be changed upon mutual consent. '35 Council Minutes 4-17-85 Page 3 3. ZTA 5.0361 (Continued) In answer to question by Council , City Attorney stated that the agreement process can be used in a very broad sense and only a tenuous tie-in is necessary to require expansive and costly contributions by the developer; and that decisions cannot be deferred, but must be up-front, e.g. , any General Plan amendments would be completed before the agreement is effective. Director of Community Development stated that the proposed (103) ordinance provides that in making a recommendation to the Council , the Planning Commission must include its determination whether the development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan or any applicable specific plan; and if it is compatible with uses authorized in, and regulations prescribed for, the land use district in wh-dch the real property is located. Mayor declared the hearing open. James Schlecht, 801 E. Tahquitz, attorney, cormented that the State Law is clear that a development agreement process includes that the agreement is the subject of a public hearing, as well as any other public hearings necessary to make other changes, e.g. , the General Plan. There being no further appearances, the hearing was closed. City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING FORTH PROVISIONS FOR THE USE OF DEVELOPMENT AGREE- MENTS, CITYWIDE. It was moved by Smith, seconded by Maryanov, and unanimously carried, that further reading be waived, and the ordinance introduced for first reading. PUBLIC COMMENTS a) Carolyn Toenjes, 1863 Park Drive, commented on proposed Westinghouse Center in Beaumont, which will service nuclear and other power plants, and have radioactive matter on site; and requested that the Council ask for an EIR. Mayor stated that the staff will be requested to determine if there is reason to believe that the City of Palm Springs will be damaged by it, and if so, objection would be submitted. b) Andreas Cove: Billy Steinberg, 34800 Mission Hills, Rancho Mirage, spoke in opposition to the project, and expressed his view that the site should become a Tribal park. George Meyer, 73300 Grapevine, read a prepared statement, (116) copy of which is on file with the City Clerk, relative to the density of the project, urging that it be addressed in the specific plan before preliminary planned development district approval is given. Council Minutes 4-17-85 Page 4 PUBLIC COMMENTS (Continued) b) Andreas Cove (Continued) John Stewart, Coachella Valley Audubon Society, read from a prepared statement, a copy of which is on file with the City Clerk, requesting that the Council consider an extended Tribal park as an alternative to the project. Gager Vaughan, 1800 S. Sunrise, representing Smoke Tree Ranch, stated that the homeowners unanimously support the Tribal Council ' s position. Gary Gray, Sierra Club San Gorgonio Chapter, read a prepared statement, requesting that this matter be continued to a public hearing at a 'later date, and that consideration be given to an Extended Tribal Park as a viable alternative. James Schlecht, 801 E. Tahquitz, attorney representing the developer, stated that regarding the east or west access route, as a result of Council study sessions, a number of the Council ' s concerns have been addressed by the developer and allowances made, yet leaving a project which the developer can still live with; that he believed the project would be a substantial asset to Palm Springs ; that the access route is a serious issue, and he did (116) not believe the property can be developed with the private road on the west side; that the revised plan keeps the road on the east side; that he agreed that the City' s hands are tied if the Tribal Council does not want it; that the allottees do not want a private road on their land; that the Council should let evolve the process which exists in its agreement with the Tribal Council , and deal with an appeal if one is filed; and that regarding density, he believed the developer could agree that if it is developed as the concept has evolved, the number of units would not be 900, and he recommended that the Council approve 750 units on the 450 acres. Cecilia Hutchens, 179 Oasis Road, questioned what was meant by the Council when it called for a Specific Plan for the South Palm Canyon Area, to which the Director of Community Development responded that the plan would deal with issues which need to be resolved for the entire canyon area, primarily circulation ; that the Palm Hills General Plan reflects a road through this area and there is a question whether that will ever occur; that this project has a right-of-way reserved for that eventuality, until that is changed; and that this plan has all of the elements to constitute a specific plan; and the devel- opment of a specific plan for the remaining area will be pursued. Dr. A. Greenwald, 555 Tachevah, indicated agreement with those who are opposed to the development as proposed, as well as allottees rights to financial profit; that he would like to see something similar to the Fringe-toed lizard habitat, or at a minimum nothing to the west of the "west road" ; that the only asset to the City would be revenue and for those who could afford to live there; and that he likened it to development in the Yosemite National Park in the valley area. Council Minutes 4-17-85 Page 5 PUBLIC COMMENTS: b) Andreas Cove (Continued) Gerry Mecks, 2203 Southridge, stated that the Desert (116) Peoples United supports the opposition, and that DPU is willing to assist and hoped that the Mayor would chair a committee to see that a park is created. LEGISLATIVE ACTION: 4. McCALLUM CIVIC BUILDING - DISPOSITION Recommendation: That the Council provide staff direction relative to negotiation for sale of the McCaIIum Civic Building. Redevelopment Director provided a historic overview, leading (117) to Council action to continue negotiation with John Wessman for the disposal of the property; and that Mr. Wessman has now received an asking price for the Tackett property, and he has requested an additional 90 days to complete the acquisi- tion, which is integral to his proposal relative to the McCallum site; and that Plaza Investment has asked that the Council cease negotiations with Mr. Wessman and give it a chance to remodel the building and negotiate terms for its sale. Mayor stated that this is a chance to upgrade the Tackett Center and obtain additional parking downtown, and he favored the additional 90 days. Councilman Foster stated that he agreed, and recognized the problems of dealing with the trustees and the number of delays have been time consuming. Councilman Birer stated that he would agree with the extension, with the caveat that he would not be in favor again if it comes back to the Council . It was moved by Foster, seconded by Smith, and unanimously carried, Maryanov abstaining, that the Council grants an additional 90 days from this date to John Wessman, in order that he might use every alternative means at his disposal to conclude negotiations with trustees of the William C. Tackett Trust for the acquisition of the Tackett Center to provide parking; and within that period to provide the Council with an offer for the acquisition of the McCallum Building assuming a fair market value for it, and deducting the cost of certain public improvements provided in conjunction with the renovation of the entire site, including the adjacent library. 5. P.D. 147 - TENANT SIGN/STOREFRONT HANDBOOK-DESIGN GUIDE Recommendation: That the Council approve proposed design guide handbook for shop fronts and signs for prospective tenants on Palm Canyon Drive. Report highlighted by Director of Community Development. Resolution 15496 approving the handbook, as recommended, (116) was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 15496 be adopted. 356 Council Minutes 4-17-85 Page 6 6. PALM CANYON DRIVE - I-10 SIGNS Recommendation: That the Council request CalTrans to allow City Staff to design I-10 identification signs to be placed over Palm Canyon Drive at Ramon Road, and at Gene Autry Trail . Report highlighted by Director of Community Development. It was moved by Birer, seconded by Maryanov, and unanimously (90) carried, that Cal Trans be requested to allow the staff to design the sign as recommended. 7. ORDINANCE FOR SECOND READING (Intro. 4-3-85) City Clerk read title of Ordinance 1238 regarding Waste Disposal Delinquent Charges; after which, it was moved by (103 Smith, seconded by Birer, and unanimously carried, that further reading be waived, and Ordinance 1238 be adopted. S. P.D. 145 (ANDREAS COVE) On April 3, 1985, Council certified the EIR as complete, and adopted Resolution 15484 calling for a restudy of this project, and reviewed it at the last study session. Director of Community Development reported that prior to the receipt of the letter from the Tribal Council , the Council (116 had received a recommendation from the Planning Commission for approval of the plan, which the Council thought needed some changes ; that the developer is now looking for concept approval to give the Planning Commission direction ; that the site is not in the City, but a logical area for annexation; that the project will have to go through the normal planning process and then go through ILAFCO, and is, in effect, a pre-zoning plan. He exhibited displays showing the applicant' s latest density "spreads" by general area - ranging from low-moderate-heavy (or bulk of density) in varying shades of grey; that the developer is willing to start with the low density area and if the market is successful , according to the developer, the density will be less overall ; that areas "L" and "M" were dropped and the golf hole removed from Murray Canyon, although the plateau on the south side could be used. Councilman Foster stated that he, too, would not like to see the canyon developed, but did not believe that option was available; that sometime ergo there was a lengthy study to make the area a State Park, but the Indians did not want to do that; that he did not think the aliottees could be told to wait until someone decides to do something; that the developer has done a good job and agreed to pulling development out of the canyon, and reduce the density; that he did not see why the road would be necessary on the west side, in that it will only create more traffic, and it should be on the east side along the wash, which will give people a view of the canyons and washes in a natural setting, and reduce the disturbance to wildlife, otherwise it is questionable how people can be prevented from stopping, parking and going into the canyons ; and that it would not be fair to the developer to run a major street through the project. '3 5 F Council Minutes 4-17-85 Page 7 8. P.D. 145 (Continued) Councilman Birer stated that he agreed that the road not be on the west side; that the allottee does have property rights and that cannot be ignored; that efforts have been made to create the finest possible development and still protect and preserve the canyons ; that he originally favored the road on the west because he thought it would serve as a buffer, but since there will be no development to the west of that line, and the golf hole has been removed from Murray Canyon, it would be a better service to the Indians not to have the road in place, and he recommended that the route be changed and there not be any road on the west side, but that it be an artificial line, and the road go through the east side for both public and private use; that the new hiking trail will be far to the west of the line as it exists; that something must be done about the density; that the low-moderate-high concept is fine, but the darkest area needs to be looked at for, hopefully, further reductions in density, which the Planning Commission should address. Mayor stated that the Tribal Council wants to build a road to Andreas and then past Murray Canyon, with no parking lots; that many people come to the desert to see Palm Canyon, and everything possible should be done to protect it; that he favored the Tribal Council idea because it both protected the canyons and buffered development; that he did not favor anything west of the line; that he did not think the Indians could be stopped from building a road across their land, and there should be insistence that the developer give a right-of-way on the east side; and that the Council should return the question of density to the Planning Commission, with guidance from the Council . Councilman Birer stated that he did not like more than 4-5 units per acre for the "development pads" and would favor asking the Planning Commission, without a specific number, to see what it comes up with. Councilman Foster stated that he did not wan' to see any roads taking people into Murray Canyon, or making it access- ible, and the project's internal road system should not be circular, rather cul-de-sacs. He stated that this area is in the County, and if the City disagrees, the applicant could go to the County, and he guessed that the result would be walled community of little lots. He stated that there has been a minimum amount of disturbance to the canyon area; and if the golf hole north of Murray can be accomplished without bothering the canyon, he would not be opposed. Mayor stated that he did not want to see any development west of the road, including a golf hole, and he also did not like the water tank. Director of Community Development stated that the developer's intent is for low density, but desires to have the higher unit count for flexibility should the market change toward a smaller unit; that the plan probably will extend over 10 years ; that the preliminary marketing study is for larger units; that as they work through the build-out, the density is not transferable from one area to the next, and if the marketing for the lesser density is successful , they will continue to work in that direction. Council Minutes 4-17-85 Page 8 8. P.D. 145 (Continued) Councilman Foster, stated that some development pads show 5-8 units and the Council ' s concern in that regard should be mentioned. It was moved by Foster, seconded by Birer, and carried by the following vote, that Resolution 15484 be clarified, as follows: 1 . That reductions in the amount of site coverage, including the number of dwelling units shall be provided. 2. Residential development areas "L" and "M" shall be deleted to further 'increase the buffer to structural development adjacent to Murray Canyon, and the resulting loss of 17 dwelling units shall not be transferred to other devel- opment areas. The golf link #15 shall be removed from the Murray Canyon watercourse, and no encroachments shall be permitted within the primary riparian area as defined b Cornett and Associates (Figure 4-18 of Draft EIR). 3. Access roadway to the Indian canyons be established on the east side. 4. All encroachments into the Palm Canyon 100 year floodplain shall be eliminated and adequate buffers shall be provided in order to preserve the existing character of the wash. AYES: 13irer & Foster NO: Bogert ABSENT: None ABSTAIN: Maryanov & Smith CONSENT AGENDA: 9. Res 15497 approving FPM 20415 for property on the SE corner of Indian Avenue and Francis Drive, Dale E. Goss, Idylwood (119) II , a general partnership, Section 2. 10. Res 15498 amending the budget to appropriate $43,600 for City (61 ) Attorney contractual services for remainder of 1984-85. 11 . M.O. 3573 waiving bid process and approving purchase of window coverings for new Police Building from Erivirodesign Division (117) of Stockwell & Binney, in amount of $11 ,457.27. 12. Res 15499 and 15500 approving Payroll Warrants & Claims & (86) Demands. 13. Res 15501 approving joint use agreement with SCE to relocate its facilities around the Desert Fashion Plaza. (147) It was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolutions 15497 through 15501 and Minute Order 3573 be adopted. 14. REROOFING CITY FACILITIES - CHANGE ORDER #2 Recommendation: That the Council approve Change Order #2 to increase contract with Lee Roofing of Redlands, Inc. , CP 84-20, by $37,437, to re-roof the Community Child Care Center at the Cielo Vista School . (117) GEN Minute Order 3574, approving change order as recommended, was presented; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, that Minute Order 3574 be adopted. Council Minutes i 4-17-85 Page 9 REPORTS OR REQUESTS: 15. FRANCHISE REPORT - Receive & Order Filed a) So. Calif. Gas Co. - $249,284.36 (89) 16. CITY COUNCIL reports or requests a) It was moved by Maryanov, seconded by Foster, and unani- mously carried, that the Council endorses the philosophy that the the halocaust should not happen again. 17. PUBLIC reports or requests - None 18. STAFF reports or requests - None ADJOURNMENT There being no further business at 9:15 p.m. , Mayor declared the meeting adjourned to Friday, April 19, 1985, at 4:30 p.m. , in the Small Conference Room, City Hall . JUITH S MICH City Clerk