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HomeMy WebLinkAbout6/6/2001 - STAFF REPORTS (28) 06/15/2001 09:26 7603270274 JONES PALM SPRINGS PAGE 01 er"-& CITY OF PALM SPRINGS MEMORANDUM J_;RECEI�ErD TO: Mayor William Kleindienst and Council Members FROM: Jim Jones, Council Member c (�� /o> DATE:. June 6, 2001 SUBJECT: Proposed Ordinance Amendment(s) to regulate Drive-Th as to where they will be permitted, L-0 4L rC_ ` rm'm G2��_o ne-S rn0ni:197- REQUEST:: That the City Council place this item on a study session agenda for discussion to determine level of interest and concern, and provide direction to staff if deemed necessary. PREAMBLE: During the past year I have received many requests for the Council to consider limiting the places in town where businesses may operate with ancillary drive-through facilities. The issue has also been raised by citizens at a number of public meetings. Drive through facilities include eating, photo developing, banking and prescription pick-up establishments that utilize drive-up windows. Palm Springs has been at the forefront of protecting clean air. The city has purchased at considerable expense a number of electric and alternate fuel vehicles for official business. Our Mayor has purchased a CNG powered automobile for his own personal use, as a worthwhile example to our citizens. Palm Springs International Airport has also spent funds on a state of the art Ground Transportation Center which includes an Automatic Vehicle Identification system used for queuing taxicab operators, thereby reducing vehicle emissions. Drive-through facilities tend to produce many idling vehicles which in turn raise exhaust emission levels, reducing the air quality. It is imperative for Palm Springs to preserve the all important pedestrian orientation which is part of the uniqueness of our city. Drive-through establishments significantly change the character of shopping areas away from a pedestrian oriented to motor vehicle oriented. Shopping areas that otherwise are content with an exclusively pedestrian oriented environment are forced to tolerate greater levels of vehicle traffic that compete with pedestrian traffic, In this arrangement, the affects of the presence of motor vehicle traffic within a shopping center environment Predominates to the diminishment of the friendlier, slower paced pedestrian movement of traffic. 1 believe that we are at a crucial stage in the development of our city. Our uniqueness is at stake, Council Members have repeatedly mentioned their concern not to become like most other Southern California Cities- There is nothing in our present ordinance to prevent the unacceptable damage that will be done to our community by the proliferation of these establishments. We need to act to preserve our air quality, pedestrian orientation and uniqueness. Finally I would like to bring to the councils attention, that there appears to be a movement afoot to drastically limit drive-through establishments and phase out existing ones, through an initiative. I believe that by the council discussing this issue and I would hope initiating compromising regulation we would end up with an ordinance acceptable to most, we do not need another petition. Lets talk about this! 06/15/2001 09: 26 7603278274 ---- - .----.. JONES PALM SPRINGS PAGE 02 r MLMO TO MARTHA EDGMON. ASST, CITY MANAGERS OFFICE FROM: HOPE V. SULLIVAN, PRINCIPAL PLANNER DATE: FEBRUARY 5, 2001 R.E. ZONING ORDINANCE W/RESPECT TO DRIVE THROUGH RESTAURANTS I am writing this memo in response to your inquiry on behalf of Councilmember Jones, Please forward this memo to the Mayor and each City Councilor, Although the definition of Restaurant (Section 9100,10 of the Zoning Ordinance) includes Drive- through restaurant; a Drive-through Restaurant is only allowed where the list of uses for the zoning district makes allowances for a Drive-Through Facility or specifically for a Drive Through Restaurant. Below please find a list of the zones where a Drive-Through Facility is allowed as well as the level of permitting(allowed use, land use permit, conditional use permit) "C-D-N" Designed Neighborhood Shopping Center Zone Conditional Use Permit "C-S-C" Community Shopping Center Zone Conditional Use Permit "C-V Retail Business Zone Conditional Use Permit "C-I-AA" Large Scale Retail Commercial Zone Conditional Use Permit "C-2" General Commercial Zone Conditional Use Permit "HC" Highway Commercial Zone Conditional Use Permit "CM" Commercial Manufacturing Zone Conditional Use Permit "M-I-P" Planner Research and Development Park Zone Conditional Use Permit "M-1" Service /.Manufacturing Zone Conditional Use Permit "M-2" Manufacturing Zone Conditional Use Permit "A"Airport Zone Conditional Use Permit Attached please find a map where the listed zones are colored in so as to provide a better understanding of where drive through restaurants are permitted. 06/15/2001 09:26 7603278274 JONES PALM SPRINGS -- -- ----_... PAGE 03 DRAFT ORDINACE FOR DISCUSSION PURPOSES ONLY BACKGROUND AND ANALYSIS: As noted in the attached February 5, 2001 memorandum from Principal Planner Hope Sullivan, the specific zone districts are listed where drive-through facilities are permitted pertaining to restaurants, all subject to Conditional Use Permit approval, The definition section of the Zoning Ordinance already provides a definition for"Drive-Through Facilities" as per the fallowing: DRIVE-THROUGH FACILITY shall mean any building which provides an outdoor service window where a service or retail transaction may be conducted by the driver of a vehicle without leaving the vehicle. DRAFT ORDINANCE: Based on the zone districts referred to in Principal Planner Hope Sullivan's memorandum, note the following sections of the Zoning Ordinance where drive-through facilities are referenced, with new text added shown uader turd and existing text portions to be deleted shown with atough marks: In the "GD-N"Zone: Amend"USES PERMITTED BY CONDITIONAL USE PERMIT" Section 9210.01D. Item 5 to read 5 Drive-through facilities as an ancillary use i coniunction ,with 4 bank, a savings, or another financial institution In the "GS-C"Zone, Amend "USES PERMITTED BY CONDITIONAL.USE PERMIT" Section 9211.011), Item 5 to read: 5, Drive-through facilities as an ancillary use in conjunction with a bqqk, a savings or another financial institution. In the "G1"Zone: Amend "USES PERMITTED BY CONDITIONAL USE PERMIT" Section 9212.01D. Item 13 to read: 13. Drive-through facilities as an ancillary use_in coniunction with A, bank, a savings ,pr another financial in�tit to ion In the "GIAA"Zone: Amend "USES PERMITTED BY CONDITIONAL USE PERMIT" Section 9213.01D, Item 3 to read: 3. Drive-through facilities, unless otherwise prohibited as an ancillary use in._GgknncFion with a bank, a savings, or another fnaucial institution_ In the "G,Z"Zone: No changes necessary (Item I of this section refers to "Uses permitted by Conditional Use Permit in the C-1 Zone, Section 9212.01G[D], unless otherwise permitted or prohibited.") In the "II-C"Zone: Amend "USES PERMITTED BY CONDITIONAL,USE PERMIT" Section 9214-1.011), Item I to read 06/15/2001 09:26 7603278274 JONES PALM SPRINGS ----`--- PAGE 04 1. arts!klee Pgrtnit in the C I Zone, Section 9212.01C.;unlaoo etherwise perrpitteA Drive-through facilities a��n anci�iy u xe in coniuncti n with a b a savings r ether financial institution cestatt ar�tt photo deyelo n r BMAQ 11i�intion taick-un In the "C-M"Zone: Amend "USES PERMITTED BY CONDITIONAL USE PERMIT" Section 9215.0113, Item 7 to read; 7. Drive-through facilities as_ n_Ueillin conjunction with a ba savings, pr another £nanuqial institution In the "M-I-P"Zone: Amend "USES PERMITTED BY CONDITIONAL USE PERMIT" Section 9216.01D. Item 7 to read' 7 Drive-through facilities As ancillary use in conjunction with a .A savings, or o er financial institution In the "M-I"Zone: Amend "USES PERMITTED BY CONDITIONAL USE PERMIT" Section 9217.01D Item I I to read: 11 Drive-through facilities as an 0014U use in conjunc i n wit, h a ban a syinas or other financial institution and drive-in facilities. In the "M--2"Zone, No changes necessary (Item I of this section refers to "Uses permitted by Conditional Use Permit in the 'W-P" and 'W" Zones, Section 9216,011), and 9217,011), unless otherwise permitted,) In the "A"Zone: Amend "USES PERMITTED 13Y CONDITIONAL, USE PERMIT" Section 9219.01C. Item 4 to read: 4. Drive-through restataftfits facilities as an ancilla�use in, coniunction with.4 b�$avinits. or an her financial institution. 1jC Cam+ MEMORANDUM -� ) DATE: 6/6/001 TO: CITY COUNCIL AT BUDGET PUBLIC HEARING FROM: HOWARD LAPHAM RE: SUGGESTION OF ADDING ANOTHER MAJOR CAPITAL IMPROVEMENT ( AND HOW IT CAN BE FINANCED) TO THE 2001 /2002 BUDGET FINALLY, AFTER 25 PLUS YEARS. . .AND AFTER THE CITY, CRA, OWNERS & PRIVATE PARTIES. . .HAVING SPENT HUNDREDS OF THOUSANDS OF DOLLARS, FOR PLANS, COST ANALYSISES AND PARKING STUDIES BY CONSULTANTS. . . TO .NO AVAIL! . . . IF THE OPTION 3 , OF THE PROPOSED REFINANCING OF THE CONVENTION, IS VOTED BY THE COUNCIL. . .A SUBSTANTIAL PORTION OF ' THIS ESTIMATED $6 , 763, 467 OF NEW MONEY RAISED FOR CAPITAL IMP- ROVEMENTS. . .SHOULD BE USED FOR THE SOUTH INDIAN AVE. PARKING STRUCTURE. THIS STRUCTURE IS DEAPERATELY NEEDED TO HELP CURE THE EMPLOYEE/ CUSTOMER PARKING CRISIS THAT IS NOW OCCURRING IN THE DOWNTOWN AREA. ,,7 IN THE MANAGED PARKING REPORT. . .PREPAiRED BY THE OFFICE OF ASSIS- TANT CITY MANAGER-OPERATIONS, DATED JANUARY 2000 . . .AND WAS PRES- ENTED TO THE COUNCIL. . .EXCERPTS FROM THIS REPORT:- EMPLOYEE PARKING: THEReIS NOT ENOUGH PARKING FOR EMPLOYEES CLOSE TO MANY DOWNTOWN BUSINESSES WITHOUT OCCUPYING MUCH OF THE CUSTOM- ER PARKING. . .NOTE: A GLARING EXAMPLE IS THE USE OF THE CITY PARK INGAM LOT AT THE MERCADO PLAZA! SMALL HOTELS/TENNIS CLUB: MANY SMALL HOTELS DEPEND ON ON-STREET PARKING FOR GUEST PARKING. AS EMPLOYEES SEARCH FOR FREE LONG- TERM PARKING. . .MORE ARE MOVING INTO THIS AREA OF TOWN AND TAKING SPACE THAT THE HOTELS NEED. . .OR GOING INTO SINGLE FAMILY NEIGH- BORHOOD STREETS. BOTTOM LINE: IS THAT THE EMPLOYEES ARE IN THESE MUNICIPAL SPACES AND THE CUSTOMERS HAVE TOAELSEWHERE IN FINDING A NOT SO CONVENIENT PARKING SPACE, FAR FROM THE STORES THEY WISH TO SHOP! AFTER ANALYSING THE "CITY OF PALM SPRINGS FINANCING ALTERNATIVES" DATED MAY 23, 2001 . . .AND PREPARED BY HARREL & CO. AND PRESENTED TO THE COUNCIL. . .FOLLOWING IS SOME FOOD FOR THOUGHT:- 1 . THE EXTENDED 4 YEARS AT A AVERAGE ANNUAL DEBT SERVICE OF $3,850, 000 x 4 = $15, 400, 000 . 2. WHEN ASKED OF THE BOND CONSULTANT WHAT A 30 YEAR $6, 000 , 000 BOND (FOR A PARKING STRUCTURE) ANNUAL DEBT SERVICE WOULD BE. . . SHE SAID IT WOULD BE AROUND $500,000 X 30 = $15 , 000 , 000 3 . IN OTHER WORDS, USING THE PORTION OF THIS REFINANCING FOR THE MUCH NEEDEOPARKINB STRUCTURE. . .WOULD BE LIKE GETTING THE USE FOR 20 PLUS YEARS OF A FREE PARKING STRUCTURE. . .AND THEN PAY_ VING FOR IT MORE THAN 20 YEARS DOWN THE ROAD! ! JERRY OGBURN AND THE CITY MANAGER CAN FILL YOU IN ON ALL OF THE DETAILS. COSTS & ALTERNATIVES FOR THIS CRITICAL NEEDED SOUTH INDIAN AVE. PARKING STRUCTURE. FOOTNOTE:HOPEFULLY THE (MBIA) WILL QUALIFY THIS BOND ISSUE FOR INSURANCE. . .HOWEVER (MBIA) , IN 1994 , COULD NOT OR WOULD NOT QUALIFY THE REFINANCING OF THE 1987 CBD ISSUE AND A PORTION OF THE 1991 SERIES B ISSUE FOR $20, 775, 000 IN ORDER TO RECEIVE $4 . 1 MILLION TO HELP IN THE FINAN- CING THE PURCHASE OF THE MONTE VISTA HOTEL. . .AND $2. 3 MILLION BACK INTO THE CONVENTION CENTER FOR RELEASE OF THE 5 . 7 ACRE PRAIRE SCHOONER PROPERTY. THIS RESULTED IN A COST PENALITY OF OVER $600, 000 TO THIS ISSUE (AS REPORTED BY THE THEN BOND COUNSEL) MR. MAYOR YOU ALWAYS STATED THAT YOU WERE IN FAVOR OF A PARKING STRUCTURE AT A TIME WHEN PRESENTED WITH COSTS AND FINANCING OF SAME. . .WELL THROUGH THE CREATIVE FINANCING BY TOM KANARR & STAFF, THAT TIME HAS COME. . . I AM SURE THAT ALL OF THE DOWNTOWN MERCHANTS AND THE SMALL HOTELS WILL APPRECIATE THE COUNCIL IN APPROVING THI$! -. F. James MacArthur II P.O. Box 580095 d J North Palm Springs, CA 92258 619-647-4738 Direct 1-877-211-1344 Dispatch/Message Monday 4June2001 TO: CITY OF PALM SPRINGS, DEPARTMENT OF PLANNING AND BUILDING ATTN: DOUGLAS R. EVANS, DIRECTOR 1.0. BOX 2743 'aim Springs, CA 92263 C: Will Kieindienst, Deyna Hodges, Ron Oden, Jeanne Reller-Spurgin, Jim Jones, Jerry Ogburn 3E: PALM SPRINGS PEDI-CAB, OPERATIONS -)ear Mr.Evans, .,hank you for the meeting with Jerry Ogburn and yourself. I appreciate being given the opportunity to discuss ny concems. I must be frank with you however and express my most sincere disappointment. I am most ffended that after over an hour of discussion, in which I presented documentation, pictures and examples for our review,you were still unable to make any kind of a decision. After taking up much of my time, you then emanded more of it in the form a written presentation as to what my business is about. Mr. Evans, I am not in ie business of show and tell. was my hope that upon reviewing the law, it would become clear to you that my company is not guilty of iolating the letter or the spirit of the law. I presented many questions to you and you refused to answer. istead, you asked me to give you a written proposal. How typical of a taxpayer paid bureaucrat like you. You ffer no answers or accountability to us mere citizens. Seeing as how Palm Springs Pedi-Cab has been a tensed operation in this city since November 2000, I must tell you, we should be well past this stage. Why I iddenly find myself having to explain anything to you is baffling to Inc. eally it is quite simple. Palm Springs Pedi-Cab operates in downtown Palm Springs as a unique, zero nissions alternative form of transportation. Visitors utilize the service extensively. Many locals find it a safe id convenient way to get around for a night on the town as an alternative to driving or taking a conventional xicab. By using pedi-cabs instead of driving, pollution, traffic congestion and the notorious downtown .rking problem are reduced. Just a small part. of how Palm Springs Pedi-Cab adds to the quality of this immunity. The service is operated on a gratuity basis. Drivers do not charge, but instead accept tips for rides. There by rxraking the service affordable and accessible to everyone. Price is not a factor, there are good tips and there are bad tips. Income to drivers and revenue to the company is subsidized and supplemented by supporting sponsors. Sponsors are usually local businesses, establishments and organizations that can benefit by having their patrons transported on a pedi-cab. There are even places that use pedi-cabs as a kind of valet parking alternative. In exchange, promotional information, usually a logo, name, address, etc. is placed on the body panels of the pedi-cab. We think of this a cross promotions. Businesses helping each other, doing for one another what the city will not. The primary purpose of the pedi-cabs is to provide fun, safe and convenient transportation, not to be a driving ;ign or billboard. And I am most offended by your comparison of our service to the tricks with the big )illboard ads. The ones that serve no other purpose than to put a sign out there, using lots of fuel, adding to raffic congestion and pollution, and not really serving any practical purpose. Mr. Evans, Palm Springs Pedi- ab is a viable, short range transportation alternative. Promoting local business on our vehicles is not a crime. 'he only way for the business to be all around effective is to be able to work in partnership with other local usinesses. hope this letter has helped you to see what to many is plainly obvious. Please Mr. Evans, quit trying to stifle id Ul off another local business. We are doing nothing wrong. Advertising on the sides of our transporters )es not negatively affect the community in any way. Stop treating my company and my staff like criminals. 'e are offended and we do not appreciate it. I don't know what it will take to resolve this matter. But it is my )pe that you will find yourself to be part of the solution and not part of the problem. ncerely; Dames MacArthur lI vner and CEO James MacArthur International Ventures, parent company of Palm Springs Pedi-Cab PALM SPRINGS-) PEDFCAB F. James MacArthur 11 P.O. Box 580095 North Palm Springs, CA 92258 (619) 647-4738 Direct (877) 211-1344 Dispatch/Message Proposal for Business and Advertising As of June 4, 2001, Palm Springs Pedi-Cab is a currently operating business, servicing the Palm Springs business district with safe, environmentally friendly human-powered transportation. We run three cabs in the downtown area between the Convention Center, hotels, and local restaurants and attractions; the business office is now located in North Palm Springs. Our radio-dispatched, cell phone-equipped, uniformed professional drivers stand ready to assist the community. Safety measures employed by Palm Springs Pedi-Cab, such as vehicle safety lights and two-way radios, exceed the legal standards. Future plans for growth of this company include dental and medical benefits for employees; expansion of the current fleet to match affiliates in progressive growth cities such as San Diego, Los Angeles, Phoenix, and St. Croix Virgin Islands; the installation of local, rather than remote, business office would greatly enhance the professionalism of the operation and provide convenient access to the company by visitors and associates. This list by no means limits our plans for future growth. Advertising space on the vehicles is at this time vacant, with the exception of the name of one local business on one cab; the final artwork has yet to be installed pending final decision of the Palm Springs City Council on the legality of said advertising. Several local businesses have expressed interest in such advertising, and are likewise awaiting a verdict. The proposed advertising artwork, to be installed on flat panels on the front, back, and sides of pedi-cabs, shall be consistent with the overall aesthetic of the city of Palm Springs; we intend to be a part of the local flavor, not stand out from it. As Palm Springs business is largely based on tourism, and as the bulk of our clientele are visitors to the city, we believe that the pedi-cabs provide not just transportation, not just ad space, but a service to local merchants. It is imperative, especially during the low season, that our plans move ahead as soon as possible, in complete accordance with the city of Palm Springs. 9 W. CARRILLO SE � SANTA BARBARA MUSCLE The Right Choice! I i ----- - -- - it I A �I r i r BRE'W1I3G OMP.411iY 1 �ij 501 S?ATE ST. (jW it, C Lw"te� GALE EDWARD BOULTON 304 Juniper Dr. Palm Springs CA 92264 760.202.8840 June 6, 2001 Hon. William Kleindienst,Mayor and City Council City of Palm Springs, California Thank you for all your efforts in energy conservation. The new energy efficient traffic signals must be making big savings and they are brighter. Also, I have heard that the city is changing out incandescent bulbs for compact fluorescents in city buildings. I was in that business in 1991 in northern California. C-fs save about 90% of the heat, as well as 75°Jo of the energy of incandescent bulbs, thus reducing cooling costs. I recall changing all 544 bulbs in a famous health resort at a cost of$10,000. Which saved them about$1000. per month for 7 years, with only one "bulb" change during that time instead of 12. ROI in only 10 months! Currently, I am semi-retired and working part-time in my own business as a Home repair contractor. Last summer, our August Edison bill was $96.65 less than July after changing to a DIGITAL THERMOSTAT. The following bills through October were also about 25% less than the previous year. Please note that we were using the new digital thermostat manually, rather than with the programming option. Manually operated DIGITAL THERMOSTATS save energy simply because they are using electronic heat sensors, accurate to one degree. They are space-age technology. The old-style mechanical expansion spring thermostats, 1930s technology, are only accurate to 4 degrees right out of the box, and they get less and less accurate with age. They are wasteful because they are always "hunting " for the setting. Wont you consider a resolution to change out all old mechanical thermostats in City buildings, and mandate digital thermostats only in all new construction and In resales?It is something that urgently needs doing. Respectfully S mi d, Gale "Ed" Boulton GALE"ED"BOULTON Guaranteed Home Repair Services Sheet 2 of 2 304 Juniper Drive Palm Springs CA 92264 Phone 760.202.8840 Fax 760.324.1369 MAY25, 2001 NEWS FOR IMMEDIATE RELEASE "THE ANSWER TO AVERTING SUMMER BLACKOUTS IS HANGING ON YOUR LIVING ROOM WALL!" So says Gale "Ed" Boulton, retired advertising and aerospace executive, now a part-time handyman in Palm Springs. "I don't know why it isn't being publicized, but digital thermostats can save up to 30% off Edison and gas bills for air- conditioning and heat after changing out an old-style mechanical thermostat," Says Boulton, "You will probably be eligible for Governor Davis' 20% deduction just by changing to a modern digital thermostat.Also, Edison is giving a 20% rebate." " We had an Edison bill of some $300. last July. I switched to a digital thermostat and our bill for August was nearly $100. Less! Why? Because mechanical thermostats are very inaccurate. You don't often notice it, but they are always `hunting' for the set temperature. That wastes a lot of energy. They're only accurate to 4 degrees at best, and the older ones are a lot sloppier. They are 1930's technology. Digital thermostats use space-age electronic heat-sensors, accurate to 1 degree. They are available at True Value, Ace and other hardware stores,from $29. Up.Anyone who can read instructions in English or Spanish and use a screwdriver can install one; or call a handyman." "If we would all switch to digital thermostats, Californians would meet or exceed Gov. Davis' call for a 20% reduction of use with digital thermostats alone, and we can tell those greedy energy wholesalers to go jump into the Pacific." " I have begun a campaign to make digital thermostats mandatory,just as the state did with low-flow toilets and showerheads. If we all go digital NOW. Maybe we can AVERT SUMMER BLACKOUTS,The money we save will help pay for gasoline." Mr. Boulton can be reached at 760.202.8840. Photo attached. If faxed, coming by U.S. Mail. COMMUNITY SERVICE ENERGY BULLETIN - From "Ed° Boulton Dear Business Owner, We all know that we face a very uncertain energy future. One thing Is certain; the huge rate increases (over 50%) will hit us on our next Edison bills. They are even talking about more rate hikes. Blackouts this summer? Probably. So, it is up to us to do everything we can to conserve energy. There is one conservation step you can take that shows Up DRAMATICALLY on your first bill after installation. That is to get a DIGITAL THERMOSTAT. After I changed to a DIGITAL, we saved $96.65 last Aug. AND we've been saving each mo. since. Your old mechanical thermostat Is 1950's technology, accurate to only 4 degrees at best, I suspect that ours was a lot sloppier, as yours may be. A digital thermostat is space-age electronics, with 1 degree accuracy. You will save as much as 30% Off your EDISON bill for A/C and off your CAS bill for HEAT! While supplies are good, get a "smart" DIGITAL THERMOSTAT Low as $59. installed, tax pd. Pays for itself in 1 month ORDER TODAY AND BEAT THE SUMMER RUSH. Guaranteed 1 year. Air conditioning companies charge $125. minimum. Please call me at 202-8840 Job Too Small For A Contractor? for your appointment. RENT-A- HUSBAND License 99014115. GUARANTEED HANDYMAN WORK A 4; y G. E. Boulton J+� Join your Chamber of Commerce CALL ED 760/202-8840 Professional•Free Estimates•References