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HomeMy WebLinkAbout1974-04-25CITY OF PALM DESERT CITY COUNCIL REGULAR MEETING APRIL 25, 1974 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order by Mayor Clark at 7:02 P.M. on April 25, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman Jim McPHERSON; Mayor HENRY CLARK Absent: None Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin County Planner - Jerry Dupree V. AWARDS & PRESENTATIONS - None VI. APPROVAL OF MINUTES A, Minutes of the regular City Council meeting of April 11, 1974 were approved as submitted. VII. CONSENT CALENDAR A. Written Communications 1. Letter from Adolph Deutsch indicating a preference for a site at Monterey & Highway 111 for a future K-Mart if such a facility is to be built within the City of Palm Desert. Action: Receive and file. 2. Letter from Jim Kelly, Golf Realty, re zoning. Action: Receive and file. 3. Application for Alcoholic Beverage License, The Red Barn, 73-290 Palm Desert Drive. Action: Receive and file. B. Approval of Claims 1. RESOLUTION NO. 74-24 - A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Action: Waive reading and adopt Resolution approving warrants, in the amount of $7,419.80. Councilman Brush moved, Councilwoman Benson seconded that the Consent Calendar be adopted. Motion carried unanimously. VIII. PUBLIC HEARINGS A. Tentative Tract No. 5075-PD - M.N. JOHNSON (Deep Canyon Rd. & 44th Avenue) 189 single family dwellings Planner Dupree recommended approval subject to staff conditions and distributed a revised set of conditions to the Council which he said were primarily a change in language. The Mayor opened the hearing. There were not proponents or opponents. The Mayor closed the hearing. Councilman McPherson moved, Councilwoman Benson seconded that Tentative Tract 5075 be approved subject to staff conditions. Motion carried unanimously. B. Appeal P.P. 1030 Stotter & Caplov - K-Mart development. Denied by Planning Commission on 1/21/74, set for hearing 3/28/74, and continued to 4/25/74 at applicant's request. Mr. Hurlburt said that applicant had requested a 60-day continuance. Councilman Brush moved, Councilman Aston seconded that P.P. 1030 be continued to June 27, 1974. Motion carried unanimously. C. Appeal P.P. 1075-PD - Robert Pitchford, single family dwelling & tennis cc.urt - Lot immediately S of 44-712 San Benito_Circle (Denied by Planning Commission on 3/28/74) Mr. Hurlburt said since the Planning Commission denied this application, the applicant and staff have reviewed the plans, and staff would recommend approval subject to additional condi- tions as follows: 1. No night lighting will be permitted for tennis court. 2. The construction of these projects shall conform substantially with the plot plan, exhibits furnished, and these requirements. 3. Driveway entrance gate will be provided with electronic activated device and mechanism for opening and closing. 4. Applicant will take necessary action to obtain City approval for a 10' foot fence around the tennis court and will construct such fence as a condition of approval. 5. Design of septic tank and leaching system shall conform to the requirements of the County of Riverside Depart- ment of Public Health, and as located under the parking pad will provide maintenance access through concrete pad. The Mayor opened the hearing. Mrs. June Myers, applicant sei& she purchased the lot more to beautify the area and has every intention of putting as much landscaping as possible. She said she had contacted all neighbors within 100' sq. yards and they were all in favor of the project. The Mayor closed the hearing. Councilman McPherson moved, Councilman Aston seconded that P.P. 1075-PD be approved, subject to staff conditions. Motion carried unanimously. D. Appeal P.P. 1065-PD - Casitas Investment - Lots 6 & 7 of Panorama Ranch Tract at NW corner of Candle - wood St. & Panorama Lane. 6-unit development with a swimming pool. Mr. George Schultejann, County Fire Protection, said this plot plan had originally been denied as it was in the Panorama Water District which is now in escrow and being purchased by the Coachella Valley County Water District. There is no assurance at this time that water would be delivered to the'project, and the County Fire Department recommended continuance until such time as the water company purchase is finalized. Mr. Hurlburt advised it had been discovered this date that the zoning map shows a technical omission. The map shows the property in R-3 area while it was intended to be R-3 4000. R-3 4000 permits 10 to 11 units per acre. The project as designed calls for the equivalent of 18 units per acre and is in violation of the intent of the zoning for that area. All of the surrounding area is in R-3 4000 and the existing construction is in sub- stantial conformance. On the basis of the water problem and the density problem, Mr. Hurlburt recommended that the Council deny the project. The Mayor opened the hearing. There were no proponents or opponents. The Mayor closed the hearing. Councilman Brush moved, Councilman McPherson seconded that P.P. 1065-PD appeal be denied. Motion carried unanimously. E. ORDINANCE NO 26 - AN ORDINANCE OF PALM DESERT, ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS, HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES (Second reading) The Mayor opened the hearing. There were no proponents or opponents. The Mayor closed the hearing. Councilman Brush moved, Councilman Aston seconded that further reading be waived and that Ordinance No. 26 be adopted. Motion carried unanimously. F. ORDINANCE NO. 28 - AN ORDINANCE OF THE CITY OF PALM DESERT, GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. The Mayor opened the hearing. There were no proponents or opponents. The Mayor closed the hearing. Councilman McPherson moved, Councilman Brush seconded that further reading be waived and pass to second reading. Motion carried unanimously. 3 IX. RESOLUTIONS (None) X. ORDINANCES A. For Adoption 1. ORDINANCE NO. 27 - AN ORDINANCE OF THE CITY OF PALM DESERT, AMENDING ORDINANCE NO. 347 AS ADOPTED BY RIVERSIDE COUNTY, CALIFORNIA, WITH REGARD TO PARKING SPACES (Second reading) Councilman Aston moved, Councilman Brush seconded that further reading be waived and that Ordinance No. 27 be adopted. Motion carried unanimously. B. For Introduction 1. ORDINANCE NO. 29 - AN ORDINANCE OF THE CITY OF PALM DESERT, ESTABLISHING THE PENAL SUM OF BONDS OF CERTAIN CITY OFFICERS AND EMPLOYEES AND AUTHORIZING PAYMENT OF PREMIUMS FOR SUCH BONDS AND AMENDING ORDINANCE NO. 5 OF SAID CITY. Mr. Hurlburt explained that the current ordinance requires $25,000 bond for all employees. This new ordinance would cover the City Treasurer in the amount of $25,000, and all other employees, including the City Clerk, in the amount of $10,000. This amounts to a savings of $160.00 per year. Councilman Aston moved, Councilwoman Benson seconded that further reading be waived and pass to second reading. Motion carried unanimously. XI. UNFINISHED BUSINESS (None) XII. CONSENT ITEMS HELD OVER XIII. NEW BUSINESS (None) XIV. ORAL COMMUNICATIONS (None) XV. REPORTS & REMARKS A. City Manager Mr. Hurlburt said at the last meeting Portola Estates requested their maps be accepted for filing, however, the complete proper wording was not used for the approval so before signing the final tract map he requested it be reapproved with the following wording: "That the Council approve the final map, accepting the dedications made thereon except the waterline and drainage easements and require and approve the agreements and sureties as indicated herein." B. City Attorney -(None) C. Mayor & City Council -(None) XVI. ADJOURNMENT Meeting adjourned at 7:55 P.M. Mary aintigr - Deputy City Clerk 4