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HomeMy WebLinkAbout4/2/1986 - MINUTES tf s CITY Or PALM SPRINGS CITY COUNCIL MINUTES APRIL 2, 1986 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 2, 1986, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a Moment of Silence PALM SPRINGS SONG: The song, "Palm Springs," by Rich Froeber, was declared the official song of Palm Springs; and appreciation was extended to Mr. Froeber. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of March 11 and 19, 1986 be approved. COUNCIL COMMENTS: a) Councilman Maryanov commented on the state of the community and problems which it faced at the time of his election, and progress made over the past four years with respect to improved communications within the organization and —� with the community at-large, as well as facility improve- ments. He expressed appreciation to other members of the Council , and to staff members. PUBLIC HEARINGS: 1 . STREET LIGHTING MAINTENANCE DISTRICT 4 - AUTRY TRAIL On March 5, 1986, Council declared intent to form district for street lighting maintenance, and set this as time for hearing. Director of Community Development reported that the District includes Par Drive, Birdie Way, Divot Lane and Eagle Way; that six lights will be installed, owned and maintained by Edison ; that property owners will pay for installation and annual maintenance; that the District was petitioned for by 72% of the owners of property in the District; and that no (56) written protests were filed. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 15823 overruling protests, confirming assessments,and ordering improvement, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 15823 be adopted. Council Minutes 4-2-86 Page 2 2. VARIANCE 6.352 (PERRY) - HOPE APPEAL Consideration of appeal from Planning Commission approval of sideyard variance at 2441 Southridge Circle, was continued from March 5 to March 19, and again to this date at request of appellant and applicant. ' Planning Director reported that the attorney for Mr. Hope has stated that under certain circumstances, the appeal would be withdrawn, i .e. , if the Council approves the plans as modi- fied in discussions with the architect and the Perrys. He stated that the application was to provide an addition to (146) the house, and the property met all of the grounds for a vari- ance, which was needed in order to encroach into the setback; that the pad variance between the properties is approximately roof height; that the appellants main concern related to the height of the two chimneys; that the architect; has modified the plan which is similar to that approved by the Planning Commission, but at a reduced height; and that the plans for the house do not interfere with views or break the skyline. City Attorney stated that the appellant' s attorney is not seeking the Council ' s approval of the plan, per se, but that granting of the variance would be conditioned upon strict adherence of the plans agreed upon between the applicant and appellant. Mayor declared the hearing opened. Chris Mills, 121 S. Palm Canyon Drive, architect for the applicant, stated that there was no opposition to the modifica- tion of the plans worked out with the appellant. Craig Zundel , attorney for the appellant, stated that he was prepared to withdraw the appeal upon condition that in granting the variance, the plans agreed upon be strictly adhered to. There being no further business, Mayor declared the hearing closed. It was moved by Birer, seconded by Foster, and unanimously carried, that the Planning Commission approval of the variance be upheld, subject to condition that the agreed upon modifications to the plan between the applicant and appellant, be strictly adhered to. 3. TPM 20167 NAHODIL Planning Commission recommends that the Council deny Tentative Parcel Map 20167, for property generally located south of (119) Smokewood and east of the Palm Canyon Wash; applicant has appealed the decision. Council Minutes 4-2-86 Page 3 3. TPM 20167 (Continued) Director of Community Development reported that this map was referred back to the Planning Commission for consideration of additional engineering information submitted by an adjoining property owner; that the Commission reaffirmed its prior decision and made finding that the site is not physically suitable for the type of development, which is a specific finding under the Subdivision Map Act for denial of an applica- tion, based on lack of consistency with the General Plan policies of preserving watercourse and the prevention of scarring, erosion or disfigurement of land as development takes place; and is inconsistent with the character of the manner in which the surrounding residential areas has developed. (119) Mayor declared the hearing opened. Allen Perrier, 3001 E. Tahquit:z-McCallum Way, representing the applicant, stated that he did not believe the Council had the option of denying the application; that he did not find anything in the reason for denial to identify what the character is of the property that does not meet the requirement for the development of lots; that the General Plan and Zoning Map have shown the residential designation since the property was purchased by the applicant nine years ago; that the "W" prefix is common to any watercourse area or property which is affected by it; that there is no indication in the map accompanying the Conservation Element that this is a watercourse area, nor that it is impacted by the Conservation Element, as in the case of the Palm Canyon Wash; that he did not find it to be historically true that the City does not want areas in the watercourse developed ; that there are only a total of 170 acres which drain from this area; that any issues in ' that regard can be engineered; that the Landsdale property is affected more by the Palm Canyon Wash than this drainage area, and it can be established that drainage from this project to it would not be as great; that the proposed site has access through the two lots which the applicant: has purchased from Smokewood Avenue; that there is no documentation to access from the upper end of Araby, and it would take prescriptive rights action to make such documentation; and if the Council were agreeable to a density transfer from the three lots to the fourth lot, developer would be agreeable to no development on those lots, but with assurance as to density on the fourth lot. In answer to question by Council , Mr. Perrier stated that under the proposed application, each of the three lots could have one unit, and the fourth could have 10-11 units ; and that a density transfer of 20 units to the fourth lot, with zero units on the other three, would be reasonable. He stated that if the Council accepts Smokewood Avenue as a reasonable access, then he would request tabling the appeal until a Development Agreement can be worked out which would establish the density; that there would not be any development in the wash; and that environmental review could be a negative declara- tion of focused review. ' Council Minutes 4-2-86 Page 4 3. TPM 20167 (Continued ) Bob Mainiero, 777 E. Tahquitz Way, engineer for the applicant, stated that the City Engineer agreed that there are engineering solutions to the drainage problems, and submitted detailed plans showing the drainage solutions (incorporated with other exhibits previously submitted by Mr. Perrier, and resubmitted this date) . He stated the solution would reduce the flow and convey the water to the wash in an acceptable engineering manner; he reiterated Mr. Perrier's comments by the tributary, and stated that in a 100-year storm, the Landsdale road would experience 2 inches of water on it, but would be totally ( 119) submerged because of its relationship to the (Palm Canyon Wash. Robert Nahodil , 2870 Madrona, stated that he has owned the property since 1978, requested approval of the map submitted, or a compromise on density, with the utilization of the access off Smokewood. He stated that the negative response by adjoining residents was a surprise, since Fie has been working with Planning staff since he purchased the property and did not receive any unfavorable response; that he desires to develop the property; that the zoning is, and was at the time of purchase, R-I-A; and that he believed every issue has been discussed many times. Brent Hough, 2260 Smokewood, stated that the resident' s concerns are still access from a residential lot, use of a substandard street for increased density, noise and destruction to the watercourse area ; that the developer has not been cooperative with residents; and that the developer did not have a guaranteed access when the property was purchased, except through the upper area through prescriptive rights. Kip Lyons, attorney representing Mr. Landsdale, 801 E. Tahquitz Way, stated that Sanborn-Webb' s evidence was submitted to the Planning Commission relative to the concerns of Mr. Landsdale' s road ; that the City Engineer has now expressed concerns about the proposal and has said the map will not solve all issues; that he did not believe the applicant has shown enough evidence that there will not be damage to the road; that if there is something which can be done, it should be submitted with the map, and not suggest that it will be worked out; that anything other than the map before the Council would require starting the process over, otherwise there may be a compromise of other's rights ; that if the tentative map is approved, changes cannot be made when the final map stage is reached ; that there are impacts on the neighborhood, including fill dirt, fill-in of the wash, use of residential lots for a street;, that the Government Code 66474 prescribes that if one of the expressed findings in the Map Act is made, the map must be denied; that the Planning Commission has made one such expressed finding, and unless the Council can turn over that finding with substantial contrary evidence, it must deny the map. ' Mr. Perrier stated that it was easy to say the site is not suitable, however., no reason as to why it is not suitable is given ; that the development agreement: process requires public hearings and environmental assessment, and he suggested that the Council table this matter in order to follow that process. There being no further appearances, the hearing was closed. r Council Minutes 4-2-86 Page 5 3. TPM 20167 (Continued) Councilman Maryanov stated that he would abstain due to a client relationship with Mr. Nahodil . Councilman Smith stated that he was concerned about the findings before this date, and did not support going against the Planning Commission Finding; that there is not enough information to make a compromise decision, without knowing the impact of (119 the kind of density suggested; and that the alternative proposal should be dealt with on a separate application. Councilman Birer stated that he did not favor denying anyone the right to use their land, but did not believe the plan presented is a good usage of the property; and that he would not be adverse to looking at something else in a future applica- tion. It was moved by Birer, seconded by Smith, and unanimously carried, Maryanov abstaining, that the Planning Commission denial be upheld, and the appeal denied. 4. ZTA 5.0396 - M-1-P AUTO SALES Recommendation: That the Council amend the Zoning Ordinance to allow new car sales in the M-1-P zone under certain conditions. Director of Community Development reviewed his report, dated April 2, 1986, and stated that a review of the M-14 provisions requiring a CUP or POD for auto or truck sales, resulted in (103) recommendation to allow new auto sales agencies on sites of 2 or more acres located on a major thoroughfare, which should eliminate concerns about location, size of lot; that architec- tural approval would still be required; and that the City would still maintain overall control , since the subdivision of any large M-1-P parcel is allowed only with an overall master plan. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. In answer to question by Council , Director of Community Develop- ment stated that the site would have to have frontage on a major thoroughfare, and he did not see a problem with internal cul-de-sacs or streets to serve other dealers. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW AUTO SALES IN THE M-1-P ZONE, CITYWIDE. ` It was moved by Birer, seconded by Smith, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. ti Council Minutes 4-2-86 Page 6 5. GPA 5.0390 CONSERVATION ELEMENT - HISTORIC RESOURCES SECTION Recommendation: That the ' Council approve amendment to the Conservation Element/Historic Resources Section of the General Plan, to encourage the preservation and renovation of buildings, structures and sites which are significant for historic and other reasons. (101 ) ' Director of Community Development reported that this matter was reviewed at the last study session. In answer to question by Council , he stated that language was added and approved to satisfy concerns of the Tribal Council regarding Indian lands. Mayor declared the hearing opened; there being no appearances, the hearing was closed. Resolution 15824 approving amendment as recommended, was i presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 15824 be adopted. PUBLIC COMMENTS: a) Jeremy Crocker, 330 W. Arenas Road, commented on "games" being played between Cathedral City and Palm Springs for attracting the auto sales center; out-bidding each other for subsidies; problems associated with the former dump site; and burdening taxpayers with a project on a site that may be found not to be large enough. b) Geoerge Goldberg, stated that the community already has a cultural center in conjunction with the Desert Museum, and tax dollars should be given to it, and not to build another cultural center. LEGISLATIVE ACTION: 6. Z/C 5.0394 (Ord Intro 3-19-86, for second reading) a) City Clerk read title of Ordinance 1262, to provide a change of zone to C-D-N for Sunrise Square Shopping Center at Vista Chino and Sunrise, Case 5.0394; after which, (149) it was moved by Smith, seconded by Foster, and unanimously carried, that further reading be waived, and Ordinance 1262 be adopted. CONSENT AGENDA: 7. MO 3726 authorizing payment of $48,000 to Mark Temple Construction Co. , for City share of low flow pipes and street improvements (136) along El Cielo at the Tahquitz Wash. 8. Res 15825 designating City Attorney' s Office as the department to hear requests for exemptions from the No Smoking Ordinance, (68) and establishing an application fee of $150. 9. MO 3727 approving five-year lease extension for Each of the Airport car rental companies, to expire December 31 , 1990. (51 ) Council Minutes 4-2-86 Page 7 10. Res 15826 approving license agreement with Nathan W. Cohen to (136) construct .a trellis entry across public right-of-way on the south side of Tahquitz Way for hotel renovation. 11 . Res 15827 amending the budget to re-establish account for funds (61 ) received from the McCallum Desert Foundation in 1983-84, in amount of $33,469, for the plaque program for historic sites. 12. Res 15828 approving pass-through agreement with DWA for (12� Baristo-Farrell area - Agr#2302. 13. Res 15829 and 15830 approving Payroll Warrants and Claims & 1986) Demands. It was moved by Foster, seconded by Birer, and unanimously carried, that Resolutions 15825 through 15830 and Minute Orders 3726 and 3727 be adopted. 14. 1986 JUNE PRIMARY - PROP. 51 Recommendation: That the Council support passage of Proposition 51 , the Fair Responsibility Act of 1986, on the June Primary Ballot. City Manager highlighted his report, and stated that the measure would restore the idea of payment for injuries and damages in direct proportion to the degree of responsi- (98) bility. Resolution 15831 , urging passage by the voters, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 15E131 be adopted. 15. FRINGE-TOED LIZARD HABITAT PLAN Recommendation: That the Council request the U.S„ Fish & , Wildlife Service to extend the public comment period for the Plan until there is written clarification that the Plan and (123) subsequent IOA permit mitigate taking of the species within the entire Coachella Valley; and if such written interpretation is not received, that the City withdraw its signature. City Manager reported that the public comment period ends April 6 and is expected to be signed by the Federal government within 2-3 days thereafter; that in the absence of the recom- mended action, upon signing by the Feds, the City would be locked into the Plan; that staff, and other cities in the Valley, understood that the Plan would solve all land problems in the Valley with respect to mitigation, and it was understood that a large part of the Valley was included in the fee area, but not the entire Valley, however, the fee area also mitigated the non-fee area; that he understood Indio is recommending similar action, and Desert Hot Springs and Palm Desert may also do so; and that it appears that the Fish & Wildlife Service is now making a different representation of the Plan. Director of Transportation & Energy reported that it was under- stood that since the Airport was outside of the fee area, but within the habitat area, the lizard problem had been miti- gated by the fee area which was established to develop the reserve for the Valley; that he has tried to get a response in writing, but to date has been unsuccessful , and received word this date that a letter would be sent in a few days, however, that would probably not arrive in time to act before April 6. r J c Council Minutes 4-2-86 Page 8 15. FRINGE-TOED LIZARD (Continued) City Attorney stated that in reviewing the Plan, the agreement, the file, and 'without a pre-conceived result., he arrived at the conclusion held by the city managers, that the IDA permit covers the entire habitat area and not just the fee area; that he believes it is relatively clear in the agreement that fee assessment area establishes a mitigation fee per acre to be assessed for any development that would destroy the habitat, in order to buy the preserve to protect the lizard within the entire habitat, which meant that building could occur within the entire area and not just within the area paying the Fee; that the Feds are saying that if the land is not within the fee area, other mitigation must be made, or a fine imposed. He stated that the agreement provides that it is not binding on any of the parties until final signa- ture by the Fish & Wildlife Service, which will happen simultan- eously with the issuance of the IOA permit. He stated that the proposed resolution provides that if the comment period i is not extended as requested, the City will withdraw its signature. Mayor and Mayor pro tem both expressed comments that all of the CVAG meetings relative to the lizard, and other discussions, indicated a clear understanding that the fee paid for the remaining areas outside of the fee area, and was a Plan for the entire Valley and not just the fee area. Resolution 15832, as recommended, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolution 15832 be adopted. REPORTS & REQUESTS 16. CITY COUNCIL reports or requests - None 17. PUBLIC reports or requests - None 18. STAFF reports or requests - None ADJOURNMENT There being no further business at 9 p.m. ., Mayor declared the meeting adjourned to Tuesday, April 8, 1986 at 3 p.m. (Note: Said adjourned meeting to thereafter be further adjourned to Tuesday, April 15, 1986, at 3 p.m. , in the Large Conference Room) . '� JUDITH SUMICH City Clerk