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HomeMy WebLinkAbout1979-01-11MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, JANUARY 11, 1979 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * ) * * * * * * * * * * I . CALL TO- ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:00 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel J. Brush Mayor Pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul E. Byers; Director of Finance L. Clyde Beebe, Director of Public Works Carlos L. Ortega, Assistant to the City Manager V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBER TO PARKS AND RECREATION COMMISSION To Fill Vacancy Created By The Resignation of Mr. Robin Barrett. Mayor Mullins stated that the City was very fortunate to be able to make an appointment to the vacancy on the Parks & Recreation Commission. The first person that most thought of when Mr. Barrett resigned was Mr. Jim Montoya, and he was contacted and he agreed to take that appointment. We are very fortunate to have him. He has been active in the recreation programs in Palm Desert, for many yerrs, and he has been a prime mover in all of the recreation programs. Mayor Mullins moved to appoint Mr. Jim Montoya to the unexpired term of Mr. Robin Barrett on the Parks & Recreation Commission. Council- man McPherson seconded the motion; carried unanimously. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of December 28, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-063 and 79-064. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for VETRANO's DELI, 74-063 Highway 111, Palm Desert, California, By Andrea & Carl J. VETRANO. Rec: Receive and file January 11, 1979 Page 1 VI. CONSENT CALENDAR (Continued) D. REQUEST FOR REFUND By Ocean Forrest Development In The Amount of $138.08 For Unused Building Permits. Rec: Approve the refund from Account No. 11-4980-000. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 198 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3, S.P. (U.A.) AND O.S. (U.A.) AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTERSECTION OF HIGHWAYS 111 AND 74, ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS. C/Z 08-78 AND DP 11-78 (Continued from Meeting of December 28, 1978). Mr. Bouman stated that this was the second or third con- tinuance of the second reading of Ordinance No. 198. The reason for that is that at the Council's direction, as a result of a request from the applicant, we have been trying to work out some relief with the applicant of certain Special Conditions in this ordinance which the applicant felt were extremely harsh and difficult for him to live with. These dealt with the fact that certain conditions deal with sub- stantial dollars but in extremely vague terms. It is very difficult for the developer to enter into a project like this unless he has some better grasp of the exact amount of money he will be expected to produce as the project proceeds. Additionally, the developer had objection to the fact that a rigid 200' setback would be required along Highway 74 because of the fact that there will be a flood control channel there and a 200' setback in all locations may create some totally unuseable pieces of property that could not be developed. Thus he asked for some relief there, and he thought they had worked something out that would be presented. Additionally, there was the matter of an engineering study which was being requested by the Coachella Valley County Water District. This study was to determine the full engineering design and alignment of a future major flood control channel in accordance with the Bechtel Plan, Alternative 1A. This is a plan that the Water District, the City of Indian Wells and the City of Palm Desert now seem to be pretty much in agreement with, and again, the developer was willing to undertake this study if a price could be determined or at least some limitation or set maximum. In this line, Mr. Bouman reported that Staff had held a number of meetings with the developer and his representatives. He thought they had worked out some major stumbling blocks, which would be submitted as changes to the special conditions. If the Council was agreeable to the changes, then the amended ordinanc--would require a first read `--g, with a second reading Ti-ana11. 1979 Pnap 9 to be held at a subsequent meeting. Mr. Bouman reviewed the following suggested changes to Ordinance No. 198 (Ordi- nance No. 198, as originally submitted, attached hereto and made a part of these minutes as Exhibit "A"). Revised Special Condition #5: Development adjacent to Highway 74 should have setbacks in the range of 50' to 200'. Flexibility within the range is assigned to the Design Review Board process in recognition of the fact that a 200' flood control channel will be dedicated in the vicinity of the easterly boundary and where a 200' setback would unfairly eliminate usable acreage, the setback may be reduced to 50' minimum. Revised Special Condition #7: The developer shall provide the Coachella Valley County WAter District the necessary rights -of -way across the development for the extension of the Palm Valley Stormwater Channel to allow implementation of a flood control master plan for the Palm Desert area. Revised Special Condition #13: The developer shall construct such on -site drainage facilities as are necessary for the protection of the units within the development. Any area lying westerly of the future Palm Valley Stormwater Channel in (7) above shall be designed to drain into the future channel at such time as it is built, and then diverted northerly to flow into the existing Palm Valley Stormwater Channel. The design of such a facility shall be such as to safely transport flows resulting from the one -hundred year storm and shall require the approval of the CVCWD, the Federal Flood Insurance Administration, and the City of Palm Desert. Up until such time as the channel is constructed and accepts stormwater, drainage of the entire property may be directed in its natural flow pattern to Highway 74. The developer shall provide the CVCWD with a completed engi- neering design for the Palm Valley Stormwater Channel portion of the Flood Control Master Plan for the Palm Desert area. Said engineering is to cover the Channel length from the mouths of Dead Indian and Carrizo Canyons northerly to Highway 111 and is to be performed by a consulting firm satisfactory to the CVCWD and on a time schedule satisfactory to the CVCWD. The design shall be such as to safely transport flows resulting from the Standard Project Flood and shall include as an alternative, the design of a reduced interim facility providing for the 100-year storm. The cost of the design shall not exceed $225,000 under any circumstances. Revised Special Condition #15: The developer shall be respon- sible for the off -site right-of-way acquisition, construction, and improvement of a channel from the north boundary of the property to the existing Palm Valley Stormwater Ch:nnel and of the existing Palm Valley Stormwater Channel north to Highway 111. Any right-of-way acquisition by the developer shall involve, at developer's option, the cooperation and participation of the City, the CVCWD, or both, along with utilization of their powers of eminent domain as may be necessary. The design of all facilities described herein shall be such as to safely transport flows resulting from the one -hundred year storm and shall require the approval of the CVCWD, the Federal Flood Insurance Administration, and the City of Palm Desert. Revised Special Condition #16: At a point in time when building permits have been issued for 80% of the total units to be constructed, no further permits will be issued until and unless all the requirements of (7), (12), (14), and (15) above have been met. Revised Special Condition #17: To assure ultimate performance of (13) and (15) above, a performance bond in the amount of $1,000,000 shall be posted in favor of the City of Palm Desert, prior to the date of the filing of the first January 11, 1979 Page 3 Revised Special Condition #17 (Continued): application for a grading permit. Each year, on the anni- versary date of such bond, the amount of such bond shall be increased to reflect inflation in accordance with the recognized Consumer Price Index increase for the prior full calendar year. The developer shall have the option at any time to decrease said bonded amount by the deposit of cash. The developer may, at any time, declare his intention not to make the improvements required by these conditions, in which case, within 30 days of such intention, he shall make a cash deposit with the City in the then required bond amount. The City, and/or its appointed agencies, shall then forthwith undertake the required improvements, to the extent that said cash deposit is of sufficient amount to complete them, and shall relieve developer of Conditions (13), (15), and (16) above. All cash deposits and any monies accruing to the City of Palm Desert as a result of bond collection shall be placed in trust by the City, such trust to be used solely for the accomplishment of (13) and (15) above. Revised Special Condition #18: The property shall be annexed into the Stormwater Unit of the District. Newly Numbered Condition #19: No two-story structures shall be permitted. Mayor Mullins stated that he felt these were good changes, giving the City adequate protection and coverage. Councilman Wilson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 198 as amended to second reading. Motion carried unanimously. B. ORDINANCE NO. 200 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE CITY CODE OF SAID CITY RELATING TO DRAINAGE OR OVERFLOW OF WATER. Mr. Bouman advised that this was the second reading of the ordinance, and no further input had been received. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 200. Motion carried unanimously X. CONSENT ITEMS HELD OVER - None XI. CONTINUING BUSINESS - None XII. NEW BUSINESS - None XIII. OLD BUSINESS - None XIV. ORAL COMMUNICATIONS MR. JOE CADY, Cahuilla Hills, asked for clarification on the revised condition relative to setbacks. Mr. Bouman explained it to him pointing out that the Design Review Board would have control over the setbacks. MRS. JOE CADY, Cahuilla Hills, inquired about a road which runs through the Rancho Bella Vista property but is used by a resi- dent of the Cahuilla Hills, and whether or not it would be removed. Mr. Bouman advised that it would be better for her to visit Staff so that they could locate the road on an aerial photograph and determine what other routes to the home were available. January 11, 1979 Page 4 XV. REPORTS AND REMARKS A. CITY MANAGER - Nona B. CITY ATTORNEY - None C. MAYOR AND MEMBERS OF THE COUNCIL Mayor Mullins asked that everyone note the future meetings listed on the Agenda. XVI. ADJOURNMENT Councilman Brush moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned at 7:43 p.m. i IR. GILtIGAN, C VL CLERK ""CITY OF PALM DESERT, CALIFORNIA • `EDWA .I D. LLINS , MAYOR January 11, 1979 Page 5 EXHIBIT "A" ORDINANCE NO. 198 (AMENDED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3 S.P. (U.A.) and 0.S. (U.A.), AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTER- SECTION OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS.: CZ 08-78 and DP 11-78 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1: A Change of Zone from 'S' Study to PR-3 S.P.(U.A.) and 0.S. (U.A.) is hereby approved for property described as: APN 635-040-1,2,4,5 6,7,8 APN 635-050-1,2,3,4,5,6 APN 771-040-1,3 APN 771-030-1 as indicated on the attached Exhibit 'A' Case No. CZ 08-78. Section 2: Based upon the recommendation of the Palm Desert Planning Commission as stated in Resolution No. 413 and pursuant to Section 25.24.060 of the Palm Desert Municipal Code, said Change of Zone is hereby made subject to compliance with the Development Plan known as Case No. DP 11-78 as indicated on Exhibit 'B' attached hereto, which is also hereby approved subject to compliance with the following conditions: STANDARD CONDITIONS: 1. The development of the subject property shall conform substantially with Exhibit "A" Revised (Case No. DP 11-78) on file with the Depart- ment of Environmental Services as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Area Development Plans (CUP Process), Design Review, Subdivision process, and building permit procedures. 3. Construction of the total development may be done in phases; however, each individual phase shall meet or exceed all municipal code require- ments in that the City shall consider each phase as a single project. 4. Construction of a portion of said project shall commence within one year from the date of final approval, otherwise said approval shall become null, void, and of no effect whatsoever. Further, the total project shall be completed by January 1, 1989. After said date, this approval shall automatically expire for those remaining undeveloped portions of the subject property and the City Council may initiate rezoning procedures to revert said undeveloped areas to an 'S' Study Zoning Designation. 5. Prior to the issuance of any City permits for the commencement of construction on said project, the applicant shall agree in writing to these conditions of approval. 6. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are, in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 7. Any/all existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are on or adjacent to the property being developed, shall be installed underground as a part of development from the nearest existing pole not on the property being developed. Page 6 of January.11, Minutes EXHIBIT "A" ORDINANCE NO. 198 (Continued) SPECIAL CONDITIONS: 1. The maximum number of dwelling units shall be 732. 2. Each phase of construction shall conform to all requirements of Chapter 25.24 of the Palm Desert Municipal Code. 3. All buildings shall conform to a unified architectural theme. 4. All landscaping shall conform to an overall Master Landscape Plan with particular emphasis on that portion of the development abutting Highway 74, with emphasis on use of natural vegetation. 5. No structures shall be located within 200 ft. of Highway 74. 6. All development and improvements proposed in Hillside Areas shall conform to all requirements of Chapter 25.52 of the Palm Desert Municipal Code, the Hillside Development Overlay District. Hill- side areas are defined as those areas as having average slopes before grading in excess of ten percent. 7. No development shall occur westerly of the proposed drainage channel until the following occurs: a) Said channel is connected to the existing Palm Valley Channel with full improvements as required by the Coachella Valley County Water District. 8. The first phase of development shall include the dedication of all proposed wildlife preserves and other public open space. 9. A wildlife watering facility of a design and location acceptable to the Bureau of Land Management shall be provided as a part of the development of the single-family Ranchos area. 10. Each area plan shall be designed to include the incorporation of the suggested mitigation measures provided in the Final E.I.R. 11. Development adjacent to Section 36 should have setbacks in a range from 50' to 200'. Flexibility within the range is assigned to the Design Review Board Process and should be adjusted to provide com- patibility with the large lots and low density development existing in the Cahuilla Hills. 12. No apartments shall be allowed. 13. Absolutely no diversion of water into the Palm Valley Channel would be permitted until and unless the City has received written certifi- cation from the Coachella Valley County Water District and the City's own flood control advisor that, in their opinion, the channel offered full protection from the 100-year storm. 14. The developer shall construct the on -site drainage facilities necessary for protection of the units within the development and to direct storm - water to acceptable points of discharge from the property. The design of these facilities shall be reviewed and approved by the District prior to any construction. 15. The developer shall make financial arrangements with the District for the off -site construction and improvement of a channel from the north boundary of the property to the Palm Valley Stormwater Channel and of the Palm Valley Stormwater Channel north to the rock point on the Palm Valley Stormwater Channel at the intersection of the extension of Bel Air Road. These arrangements must be made prior to and construction. 16. The developer shall provide the District the necessary rights of way across the development for the extension of the Palm Valley Stormwater Channel to allow implementation of a flood control master plan for the Palm Desert area. 17. The property shall be annexed into the Stormwater Unit of the District. 18. No two-story structures shall be permitted. Page 7 of January 11, 1979, -2- Minutes ORDINANCE N0. 198 (Continued) EXHIBIT "A" Section 3: The case numbers of this approved Development Plan shall hereby be indicated on the Official Zoning Map to clearly indicate to the general public that an approved development plan does exist on the property in question, contingent upon annexation. Section 4: The related Environmental Impact Report is hereby certified as complete. Said document and all related correspondence and records shall be on file with the Department of Environmental Services. Section 5: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance once in the Palm Desert Post, a news- paper of general circulation, published and circulated in the City of Palm Desert, California, and shall certify to the passage and adoption of this Ordinance and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council on this day of , 1978, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA -3- EDWARD D. MULLINS, MAYOR Page 8 of January 11, 1979, Mi nutes