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HomeMy WebLinkAbout2001 - MINUTES - 7/12/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 12, 2001 ' An Adjourned Joint Meeting of the City Council of the City of Palm Springs, California and the Agua Caliente Band of Cahuilla Indians was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Thursday, July 12, 2001, at 6:00 p.m. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden and Mayor Kleindienst Absent: Councilmember Reller-Spurgin ROLL CALL: Present: Tribal Members Prieto-Dodd, Saubel-Elizondo and Chairman Milanovich The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 6, 2001. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business ' PUBLIC COMMENTS: None PUBLIC HEARINGS: 1. APPEAL - CASE 5.0852—490 SOUTH INDIAN CANYON Recommendation: That the Tribal Council consider an appeal regarding Resolution 20018, overruling without prejudice the issuance of a Conditional Use Permit for a motorcycle rental located at 490 South Indian Canyon Drive. Tribal Attorney reviewed the history of the land use agreement between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs; and added that the appeal process is a part of the agreement; that one of the requirements of the Ordinance is that a joint meeting be held between the two Councils during the Tribal Council public hearing and added that this hearing will be to receive evidence from interested parties; that a decision will be rendered within 30 days; and that there have only been 23 Tribal appeals in the last 24 years. Director of Planning & Building reviewed the past history of Case 5.0852; and added that the public hearing of the City Council was continued to permit a field trip to hear the motorcycles on March 27; that at the Meeting of April 4, 2001 with a vote of 3-2-0 the Planning Commission's decision was overturned and the ' Conditional Use Permit was denied. Tom Davis, Tribal Planning Director, stated that on August 23, 2000 a public hearing was conducted by the Palm Springs Planning Commission to review a zoning ordinance text amendment to permit a motorcycle rental establishment to Council Minutes 07-12-01, Page 2 operate in a C-1 zone with a Conditional Use Permit; that the Amendment was approved with recommendation that the City Council approve the amendment; that on November 1, 2000 the City Council adopted Ordinance 1590 approving the zoning amendment 3-1-0-1; that on January 31, 2001 the Historic Tennis Club filed an appeal against the Planning Commission decision; that on March 7, 2001 the City Council held a public hearing and scheduled a field noise test be conducted on the site set for March 27, 2001; that on April 4, 2001 the City Council upheld the appeal of the Historic Tennis Club, denying the Conditional Use Permit with a vote of 3-2; that there were approximately 78 letters generated regarding the Conditional Use Permit; that 20% of the letters were in support of the project with 80% against the project; that the matter was appealed to the Tribal Council; that the Indian Planning Commission first reviewed the case on January 8, 2001; that recommendations were made to the City Planning Commission; that the conditions of approval were not included in the City's Planning Commission approval due to the short term lease involved; that there was a modification to the conditions to add 22 which did address Tribal Planning concerns for landscaping; that the matter was then denied by the Council and appealed to the Tribal Council; that Tribal Planning Staff did review the matter with the applicant; that the hours of operation would be 9 a.m. to 6 p.m.; that motorcycles were started to test the loudness; that staff determine that the noise was not unusually loud; that the arrangement between Eagle Rider and Harley- Davidson is that the mufflers may not be modified; that the area proposed for the location was reviewed for noise; that the area is already impacted by vehicle e noise; that the noise level varies between 70 and 80 dba; that the proposed project is in a commercially zoned area; that the opinion of staff is that the rental of 10 motorcycles will not increase the noise level of the: area; that the site was previously used as a service station; that if it were reused as a service station if would generate approximately 168 vehicles; that the rental of 10 motorcycles would be far less activity; that Tribal Planning Staff does agree and recommend approval of the conditional use permit with the conditions and findings requested by City Planning Staff and City Planning Commission. Chairman questioned if the public was notified of possible zoning amendment changes. Director of Planning & Building stated that workshops, study sessions and public hearings were held and noticed. Chairman stated that the adoption of the Zoning Amendments did not generate any public comment until the appeal was filed some six months later; that when the appeal came forward it was upheld by the City Council on a 3-2 vote. Councilmember Hodges stated that the zoning amendment did not specify the address of the proposed site, but was a change to allow this type of rental in a C- 2 zone with a conditional use permit. Chairman stated that the hearing before the Tribal Council is to determine if the rental is a proper use of the land; that there have been two Planning Commissions that have recommended approval of the use; that the majority of the mail received by the Tribal Council was opposed to the project; that the majority of the mail received by the City Council was opposed to the project; and Council Minutes 07-12-01, Page 3 ' that at this time the hearing would be opened to interested parties for comment regarding the matter. Chairman declared the hearing open. Chairman requested the applicant be available for questions. Don Harwale, Eagle Rider, stated that Mr. Swedo was in St. Louis at a franchise opening; that he would be available for questions and looked forward to working with the Planning Commissions and Council regarding the move to the downtown area. Chairman questioned if more than 10 motorcycles would be rented on any given day. Mr. Harwale, stated that the typical rental would be 10 per day; that if a special event occurred, there could be a group rental; that most of the rentals typically travel a distance through the desert; that the motorcycles are picked up at 9:30 a.m. and returned somewhere around 4:30 p.m. Chairman questioned why only 10 motorcycles are rented each day. Mr. Harwale stated that some days there is only two rented, others up to 10; but ' that the average is 10 per day. The following persons spoke against the project. Logan Need, Historic Tennis Club Director Nick Dibari, 521 Linda Vista Carol Markley, Mesa area Peter Dixon, Tennis Club There being no further appearances, the hearing was closed. Chairman stated that reference was made during public comments that the rental shop would be locating at the Airport and requested additional information regarding it. There was no action taken at this time; the Tribal Council will render a decision within 30 days. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: LEGISLATIVE ACTION: None ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None Council Minutes 07-12-01, Page 4 REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk e