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HomeMy WebLinkAbout4/4/2001 - STAFF REPORTS (9) RESOLUTION 20018 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA OVERRULING WITHOUT PREJUDICE DECISION BY THE PLANNING COMMISSION TO ISSUE A CONDITIONAL USE PERMIT FOR A MOTORCYCLE RENTAL USE AT 490 SOUTH INDIAN CANYON DRIVE, ZONE "C-2" GENERAL COMMERCIAL. WHEREAS lawful action taken by the Palm Springs City Council on November 1, 2000 amended the Palm Springs Zoning Ordinance so as to permit Motorcycle Rental in the"C-1" and "C-2" zoning districts subject to the issuance of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Planning Commission conducted a public hearing during its meeting of December 13,2000 and January 10,2001 forthe purpose of considering an application for Motorcycle Rental on property zoned "C-2;" and WHEREAS,the Planning Commission public hearing of December 13, continued to January 10, 2001, was duly noticed in accordance with State and local requirements; and WHEREAS, the Planning Commission considered the application as well as all testimony presented during the public hearing of December 13,2000 and January 10,2001 and found that the findings necessary forthe issuance of a Conditional Use Permit to be met given the accompanying Conditions of Approval; and WHEREAS, the Historic Tennis Club Neighborhood filed an appeal of the decision of the Planning Commission in accordance with Section 2.05 of the Municipal Code; and WHEREAS, the Palm Springs City Council conducted a public hearing during its meeting of March 7, 2001 to receive testimony regarding the request for a Conditional Use Permit; and WHEREAS, at the conclusion of the public hearing,the City Council found thatthe findings necessary for the issuance of a Conditional Use Permit were not met due to the proximity, less than 300 feet, of the proposed location to both the Historic Tennis Club and the Vista Santa Rosa residential neighborhoods; and WHEREAS, at the conclusion of the public hearing, the City Council found that the finding necessary for the issuance of a Conditional Use Permit were not met due to the noise impacts associated with the proposed use; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs Section 1: Based upon the evidence presented atthe meeting of March 7,2001,the City Council finds that the site forthe intended use is in conflictwith the adjacent residential neighborhoods of Vista Santa Rosa and the Historic Tennis Club due to noise and safety impacts; and 5A Resolution 20018 Page 2 Section 2: The decision of the Planning Commission to issue a Conditional Use Permit fora Motorcycle Rental Use at490 South Indian Canyon Drive is overruled. Section 3: The request for a Conditional Use Permit for a Motorcycle Rental Use is denied without prejudice. Section 4: The staff is directed to assist the applicant in identifying alternative sites within the corporate limits that will meet the needs of the business while satisfying the findings necessary for the issuance of a Conditional Use Permit. Section 5: All fees paid to the City for the processing of the subject Conditional Use Permitshall be applied to a future Conditional Use Permit application bythe same applicant for the same use at a different location provided such application is made within one year of the date of this resolution. Adopted this 4th day of April 2001. AYES: Members Hodges, Jones, and Reller-Spurgin NOES: Member Oden and Mayor Kleindienst ABSENT: None ATTEST- CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: Martha Edgmon From: David Christian [apexdc@earthlink.net] Sent: Wednesday, March 28, 2001 10:11 AM To: marthae@ci.paim-springs.ca.us Cc: davidr@ci.palm-springs.ca.us Subject: Harley Davidson Rentals Dear Palm Springs City Council Members, I still feel that the most relevant comment on this whole issue is Councilman Oden's statement that, although the rental shop might not be his first choice, it was better than having a boarded up and deteriorated service station. Often, it seems as if the City has a mythical tenant in potential uses are put on hold, waiting and waiting for the brass ring. I would hope that this continual desire for the "good old days of Palm Springs", don't refer to that wonderful era in the late seventies and early eighties when a significant portion of Council and Staff were extremely focused, and did a heck of a job, in virtually creating Palm Desert and Rancho Mirage from nothing, but elitist attitude. If there was proper recognition for these efforts, the public arts sectors of the above communities should be building memorials all over their towns to the support that Palm Springs gave them. I just spoke with the President of the Motorcycle Industry Council and Motorcycle Safety Council today. He is being kind enough to forward a package to you that you may find interesting. Oddly, it seems as if the Hell's Angels may not make up 98% of motorcyclists, as is often implied. Thanks for hearing me out. Keep in mind that we of the City of Palm Springs are still playing catch up and we are a long, long way from getting the development of the downtown areas finished. All we have now is a good foundation, from which to build. And, like most things in life, we are either going forward or going backward. It's hard to stand in place. Best regards, David David Christian Architecture and Interior Design 15 Palomino Palm Springs, CA 92264 760-320-3734 fax: 320-5681 apexdc@earthlink.net 1 Mar-26-01 06: 13A Michele & Sam Pishue 760-323-9509 P .05 March 26, 2oo1/// Y14�c Klz,YtcCreNst Jeannie Reller Spurgin Ron Oden Deyna Hodges Jim Jones Dear Council Members: Please be aware of the following regarding the Eagle Rider Motorcycle issue- I) The Harleys they propose renting do not make more noise than a pick up truck unless you get eight or ten going at once 2) Their customers will not be driven to Indian and Ramon to get their rental bike by taxis or limousines. They will be dropped and picked up at that location by groups of other bikers with whom they are going to ride. It will not be simply one customer riding one rental bike Tourist bikers always ride in packs. 3) Bikers accompanying them are most likely to riding bikes with"hot tubes" that make the earsplitting noise. 4) The rental shop at Indian and Ramon will serve as a hangout for all bikers in the area and will attract noisier bikers 5) If the Council does not wish to be deceiva then several surprise site visits should be made at their existing location to get a more accurate representation of what they propose on Indian and Ramon. This business is not going to survive on renting a few motorcycles. They have a huge retail business that attracts groups of bikers daily. Please be aware of the above facts when making your decision. Sincerely, Sam and Michele Pishue 323-6061 cc. Dan Dand Read Doug Evans) FROM Panasonic FAX SYSTEM PHONE NO. Mar. 29 2001 03:32PM P1 )( , 27 March 2001 Members Of City Council Z5 APR Z City of Palm Springs pEC� 3200 East Tahquitz Canyon Way (,+� Palm Springs, California 92262 Dear Mayor Kleindienst and Members of City Council: Currently before the Council there are several important issues that speak directly to the future of Palm Springs. These issues are: short-term rentalstcelebrity rentals, the bridge over Indian Canyon, Eaglerider Motorcycle rental location, Motorcycle weekend, and lack of involvement by and support of the newly formed Office of Neighborhood Involvement. Clearly the direction Council is taking on these issues sends the message that any business at any location for any duration is good for Palm Springs as long as it provides tax revenue to the city. And clearly the Council continues to act in opposition to the residents. When you step back and look at the big picture, the items mentioned above are precursors to dealing with a bigger issue, what do we want to be in 10 or 20 years. How does the city want to define itself and how will it plan for every new business in the right location or with the proper controls that protect the well being of residents and business alike. Palm Springs is a community first and a destination port second. This community is made up of year round residents and business. We live, eat, work, and play here. We have spent huge sums of money and made this our home. Contrary to Ron Oden's comments during the 07 March 2001 Council meeting, it is both our right and obligation to determine the what, when, where, and how tourism and growth impacts this city. It is our right to determine who plays here and how they play because this is our home. The city did just that several years back regarding the issue of spring break. And I resent being admonished by Ron Oden, one of my representatives, and told I am not capable of determining the future of my community. Recently the mayor made several important comments during council meetings. The first was in reference to the motorcycle rental location when he defied anyone to come up with a better location. There are several locations in and around the airport, along highway 111, etc., to locate this business all of which are not directly adjacent to neighborhoods or in our downtown area. If no one has concerns about locating this type of business in our downtown area, then clearly there would be no issue with locating say a car rental/sales business anywhere up and down Palm Canyon. I can use the same arguments being used by Eaglerider to support locating a car rental shop at the comer of Barristo and Palm Canyon where Crown bookstore currently is located. This location would be in close proximity to hotels and service our tourists. The question is, do we as a city want this type of business in this location. Do we want to look like El Paseo or Cathedral City? The issue is not do we want this business(of course we do); the issue is what is - the right location. Second comment by the Mayor was in reference to the motorcycle weekend. He stated that this 2-day event would raise as much tax revenue to the city as the new Lowes will provide in a year, The issue is not just the amount of tax revenue generated, but what is the long-term effect of the event on the community. Clearly the residents, Police, and several businesses have stated that the event is approaching the point of not being controlled, hotels are losing guests (tax revenue) as a result of the noise and street closings associated with the event. And this event Mr. Oden is different from other large events held in our city in that it is very mobile and impossible to contain in a designated area. And most recently the Mayor(and all Council members)spoke out in favor of allowing a bridge to be built over Indian Canyon. The design of which is to be determined.MMay�or, you o all members on the Council, should understand the potential floodgate you have opened by encouraging a very urban design solution for a very pedestrian environment. Once again when looking beyond the actual applicant, the issue is do we want bridges in our city. If anyone has a real need it is the Spa Hotel to connect the hotel/casino with the remote parking lots, as this would clearly ease traffic and pedestrian conflicts in that area. Traffic signals and walk signals would also control this. Now that the issue of any bridge has been entertained, how are we as a city going to control this. The legal battles forthcoming could be substantial. All of these issues and your actions speak to the fact that the city of Palm Springs does not share a clear vision of what our city is to become with the residents. It is clear that as a city we desperately need to review the development plan for our city.And this should include all areas of the city It is very clear by the council's recent decisions and reversal of decisions that Ron Oden, Jeannie RellerSpurgin, and Mayor Kleindienst support any tax revenue generating business or event, at any location,without consideration to the long term effects on the community or the residents. As a resident and business owner I have begun to reevaluate my commitment to remaining in this community. At present my office based in Atlanta with offices in New York and Washington D.C. is planning on opening a 15 person office in California. Obviously Palm Springs is a logical choice as it is my home and has relative easy access to San Diego, Los Angeles, and San Francisco. It is the perfect balance between quality of life and access to future business without being in a large urban environment. But the quality of life as a resident in Palm Springs is in question. And make no mistake, I am aware that my business will not make or break this city, but I am not the only person wondering if it is time to cut our losses and move to Rancho Mirage or Palm Desert whose communities are not afraid of defining what goes where. The city of Palm Springs continues to operate without a clear vision. The mayor, Ron Oden, and Planning continue to ignore the potential involvement of the Office of Neighborhood Involvement on issues important to the city. In fact in the last few council meetings the mayor has made negative comments about the ONI questioning its ability to provide insightful and factual input. As an active participant in issues before the ONI I resent the implication Mayor Kleindienst that I am unable to provide insightful input, or that I am unable to make recommendations which balance our city's need for growth and new revenues, and quality of life issues for our community. To the contrary, I not only can make these types of decisions but I am motivated to do so. If I did not care about my community and quality of life issues I would have stayed in Atlanta or moved to Los Angeles where I could easily double my business revenues simply because I was located in either of those cities. I think it is time for the Council to embrace the Office of Neighborhood Involvement and rely on it to gather the opinions of the majority of residents on issues that affect our city. Use the ONI to assist in the development of a comprehensive vision for the city. And in all these measures we need to have representatives from business organizations, tourism, and planning involved. This is the only way we can as a city determine our future in an insightful and informed manner. Sincerely, A. Log Need Cc: David Ready Hope Sullivan 2008 Toledo Avenue Palm Springs, California 92264 April 3, 2001 Honorable William G. Kleindienst, Mayor City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California Dear Mr. Mayor: The purpose of this letter is to express to you my concern regarding the proposed Motorcycle convention or meeting, as well as a motor cycle shop proposed for Palm Springs. These are just the sort of activities that create problems in our city because the extreme disturbances they cause, as well as the frequent total disregard for citizens. We have experienced these conventions before and have found them to be completely outside the kind of image we understood Palm Springs was attempting to regain. It is harassing and embarrassing to attempt to drive on the city's streets during these meetings. Violent and loud noises emanate from those cycles until all hours of the night making sleep a virtual impossibility. I ask you to exercise your leadership with the council and withhold approval for both meetings and conventions, as well as the motor cycle shop in town. I find these sorts of activities dangerous, threatening, and a considerable diminution of our expected right to enjoy our home and our city. Please register my extreme disapproval. Sm ' ��^e. Donald J. Devine S.� 2008 Toledo Avenue Palm Springs, California 92264 April 4, 2001 Mr. Ron Oden Pahn Springs City Council City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California Dear Ron: We are writing to you as long time supporters of Ron Oden. You may recall our support to you, both financially and otherwise during your recent run for the United States House of Representatives. Our support includes your representing us on the Palm Springs City Council. In now our fifth year in Palm Springs, we are most interested in and proud of our city. We applaud the efforts of the Mayor and council to upgrade the image of Palm Springs and to regain some of the luster lost in recent years for the citizens. We applaud, too, efforts to bring business interests into the city and the efforts of the very capable convention bureau. Commercial success is necessary to support the tax base for city services. The purpose of this letter is to ask that you support the wishes of the many citizens who are opposed to the type of meetings and conventions as the recent request for approval for a motorcycle shop and a request for an alarmingly large group of motorcyclists for a meeting. We find it unacceptable for the city to court conventions or meetings which are noisy, disturbing at all hours of the night, generally degrading to the image of the city, and are considered threatening by so many of the population including a significant threat to the elderly. 410� Pagetwo Mr. Ron Oden Pahn Springs City Council April 4, 2001 During the motorcycle conventions or meetings it is harassing and embarrassing to attempt to drive on the city's streets. Violent and loud noises emanate from those cycles until all hours of the night making sleep a virtual impossibility. The demeanor of the drivers is threatening to all. Ron, efforts to build our city and give it a positive image locally, statewide, nationally, and internationally will always be supported by the citizens. We are unalterably opposed and pledge our support towards discouraging motorcycle meetings and shops within Palm Springs. As your constituents, we request you, as our representative to support our wishes. Sincerely, `SLR Dona d J. Devine ger C. Seater 2008 Toledo Avenue Palm Springs, California 92264 April 3, 2001 Honorable William G. Kleindienst, Mayor City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California Dear Mr. Mayor: It was with complete astonishment that I observed the recent proceedings at the Palm Springs City Council Meetings regarding the approval request for a motorcycle shop and for the motorcycle convention or meetings. My astonishment because so many residents, including myself, are very much opposed to those kinds of activities which create so much of an imposition on all residents. If, as I understand, Palm Springs, through your efforts, those of the council, as well as most concerned residents are attempting to improve the city's image, why do we court meetings and activities of motorcyclists, which are noisy, disturbing until all hours of the night, generally degrading to the image of the city, and are considered threatening by so many of the elderly population. We're certainly in favor of exploiting the business opportunities presented to the city's businesses, but motorcycling and motorcycling conventions are activities that detract from efforts to build our city as a favorable resort. We have a capable convention bureau to sell conventions on the advantages of coming to Palm Springs. We do not need to enrage most of the citizens of this community by pandering to meetings and conventions which many citizens do not want. Mr. Mayor, we support your efforts and those of the city council to build our city. The motorcycle meetings and activities are antithetical to those efforts. We are unalterably opposed and pledge our support towards discouraging motorcycle meetings and shops with in Palm Springs. As your constituents, we ask you as our mayor,to support our wishes. Si rely, C A� Roger C. Seater ��� �A E5APR 410 FMOEMED Palm Springs City Council City Han 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Dear City Council Members: I am writing to protest the installment of a motorcycle rental shop on the comer of Indian Canyon Drive and Ramon Road in Palm Springs. I believe that the presence of such a business at that location would be detrimental for two main reasons: 1. The intersection is one of the busiest in Pahn Springs,and such a business would tie up traffic, congesting the entire area particularly on weekends, when the traffic is heaviest. Closing off one of the driveways would only make it worse; 2. The noise factor would disturb the residential neighborhoods to the west, particularly along Ramon Road, which could/would be used as a raceway for cycle renters. It would be nice to think that the cyclists would ride off like ladies and gentlemen,but one of the behaviors of cyclists, no matter who they are, is invariably to rev up and race the motors of such vehicles, creating a lot of noise which can be heard for a great distance. Ramon Road presents a great temptation in this direction, and perhaps at all hours. I sincerely hope that you will take into consideration the desires of those of us who have lived in Palm Springs for many years(since 1965, for me). We live here and own property here, as you do,because we love it, and want to continue to enjoy the peace and relative quiet that we've had all these years. Let's continue to keep our city beautiful! Sincerely yours, Alice R. Sleight 650 West Linda Vista Drive P. O. Box 170 Palm.Springs, CA 92262(3) q, It �� Good evening Mayor and Council Members, My name is Logan Need and I am a resident of Palm Springs. All of you have received my letter dated 27 March along with letters representing hundreds of concerned residents and business owners. You are aware of our concerns about several issues that have come before council recently. You are aware that we are not in favor of the proposed location for the Eaglerider Motorcycle shop and expect council to support your previous vote in support of the appeal. You are also aware that I am personally in the process of expanding a business and for that to be successful I rely on this city to encourage all types of businesses to come to this area because growth is at the core of my business. During presentations to the council by residents and businesses on the motorcycle shop issue, many statements have been made for and against this location. Unfortunately there have also been comments from both sides of the fence which imply that the position people are taking has something to do with the quality of those individuals who happen to enjoy the experience of riding on motorcycles. Issues relating to safety and traffic have been raised which are debatable. And the issue of noise and its impact on adjacent neighborhoods has been hotly debated. The supporters of Eaglerider have stated many times that the bikes to be used here are street legal bikes, meeting federal mandated noise standards. But as we all know there are a great many bikes out there that have been modified and no longer meet the noise standards. I must admit I would feel more comfortable if I thought this group was publicly leading the charge to discourage illegal and noisy modifications to bikes and their use within city limits. To some degree the noise concern about this location is with the additional impact of customers being drawn to this location for various reasons. It is not just an issue of 6-8 bikes as it has been presented. Regardless of your vote tonight, the real issue to be dealt with in this community is what do we want to be in 10 years. Residents and businesses are concerned and want to know what your vision of Palm Springs is. They want to participate in forming the vision and they want be heard. You have in place the mechanism to deal with this issue. It is the City of Palm Springs' Office of Neighborhood Involvement. This is the organization that can engage the public in determining important issues such as zoning, the general plan and Palm Spring's vision. So tonight I ask this council to publicly commit 110% to recognize, financially support, and empower the ONI to do what is was intended to do. Encourage the ONI to be the entity that brings forth issues to the public and facilitates thoughtful and informed dialogue resulting in actions that support the general plan and established vision for this city. We must stop dealing with one issue at a time and focus strategically and sensitively on the long-term picture. By doing this, we will minimize the contentious atmosphere that has surfaced lately with issues such as the bridge, lighting, motorcycle weekend, and the motorcycle shop. Thank you for your time and consideration. A. Logan Need (PH) 760-322-3261 324 South Monte Vista Drive (FX) 760-322-6642 Palm Springs, CA 92262 04 April 2001 - y1u- �o Via First Class oacvcUNG Thursday, March 29, 2001 Palm Springs City Council P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Mayor Kleindienst and Council, We have recently become aware discussions before your council involving motorcyclists and motorcycling. On behalf of the Motorcycle Industry Council (MIC), we wanted to provide you with some information that we hope will aid you in making decisions now and in the future. A 1998 MIC study provides an intriguing profile of the typical motorcycle rider. The anonymous motorcyclist behind you on the highway this morning could have been anybody—male, female, doctor, lawyer, celebrity, or teacher. Results from the survey show the typical rider to be a 38-year-old male who is married, has attended college, and earns $44,250 a year. For comparison, the average age of the U.S. general population is 34 years old and median income is about$36,250. ) nclosed please find a Discover Today's Motorcycling industry guide for your review. The material included is comprehensive and provides background information on business, lifestyle trends, and statistics. Discover Today's Motorcycling makes it easy for people to get into motorcycling by offering a toll-free number, (800) 833-3995, that provides information on buying and riding a motorcycle as well as refers callers to their nearest Motorcycle Safety Foundation RiderCourse®. We thank you for taking the time to look through this package of infonmation. We will be happy to provide you more information and work with you on any concerns you or community leaders may have. Please do not hesitate to call us at (949) 727-4211, ext. 3027. Sincerely, Discover Today's Motorcycling MAYOR AND MEMBERS OF THE CITY COUNCIL: THE ATTACHED PACKET WAS PROVIDED TO THE OFFICE OF THE CITY CLERK ON MONDAY, APRIL 2, 2001 THE INFORMATION IS RELATED TO ITEM #5 ON YOUR AGENDA FOR MEETING OF APRIL 4, 2001. ADDITIONAL ITEM 5 2 JENNER STREET, SUITE 150 IRVINE, CALIFORNIA 92618 PHONE 949/727-4211 FAX 949/727-3214 Discover Today's Motorcycling Is the News Bureau of the Motorcycle Industry Council