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HomeMy WebLinkAbout1987-12-10MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 10, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • I. CALL TO ORDER • • • • • • • • • • • • • • • • • Mayor/Chairman Benson convened the Redevelopment Agency meeting at 9:10 p.m. for the purpose of considering City Council Public Hearing Item D and Redevelopment Agency New Business Item D at the same time. II. ROLL CALL Present: Councilman/Member Buford A. Crites Councilman/Member Richard S. Kelly Councilman/Member Walter H. Snyder Mayor Pro-Tem/Vice Chairman S. Roy Mayor/Chairman Jean M. Benson Wilson Also Present: Carlos L. Ortega, Assistant City Manager/Executive Director Bruce A. Altman, City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Secretary Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Development/Planning Kirby J. Warner, Director of General Services Councilman/Member Crites moved to suspend the remainder of the Redevelopment Agency Agenda to consider Item D of New Business. Motion was seconded by Snyder and carried by unanimous vote of the Council/Agency. CITY COUNCIL D. PUBLIC HEARING REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A GAS STATION AND MINI MARKET AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND HIGHWAY 111. ARCO PETROLEUM PRODUCTS COMPANY, APPLICANT. Mr. Diaz reviewed the history of this project and the staff report dated December 10, 1987. He distributed copies of a letter which had been received from Ira L. Johnson relative to this project (attached hereto and made a part hereof as Exhibit "A"). He said one MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 a a a * a * * * a a a a a * a a * a a * a * a s a of the conditions of approval for this project would be that the existing facility on the southwest corner be removed since there would be less than 500 feet between the two gas stations. He added that staff recommended approval of the project subject to conditions as outlined in the resolution, including limiting the hours of operation to 6:00 a.m. to midnight and not allowing the sale of alcoholic beverages. Upon question by Councilman Kelly, Mr. Diaz stated that the applicant did not want the condition disallowing the sale of alcoholic beverages included in the approval. MR. RICK ERW00D, Chairman of the Planning Commission, explained how the Commissioners had voted and reported that it was their impression that beer and wine would be sold at the facility. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. MR. ALLEN PERRIER, 291 San Remo, Palm Desert, representing Arco, said that recently enacted legislation relating to gas stations and the sale of beer and wine stated that if the sale of beer and wine were permitted in a commercial zone, the Council could not legislatively prohibit that sale. He said the Council would have to find substantial evidence in support of prohibiting the combined gas station operation and sale of beer and wine in order to do so, and it would have to find that the proposed use was materially injurious to the property in the vicinity of the project. MR. CRAIG YAMASAKI, Real Estate Agent .for Arco, 17315 Studebaker Road, Cerritos, stated that his firm was Presenting a proposal whfch would improve the intersection of Portola and Highway 111. He said that both safety and traffic studies verified that this intersection was in the best possible shape with the design of the project as proposed. MR. HOWARD KOTCHMAN, 229 Calle Leandro, Cathedral City, spoke as the representative for Sunshine Associates. He stated that his client had been negotiating with Arco for many months, and the sale 2 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • RDA NEW BUSINESS hinges upon the issuance of the Conditional Use Permit. MR. STEVE GRANIK, 73-086 Somera, stated that he was a vendor and personally felt the mini market would be a tremendous asset to the community. Mayor Benson invited testimony in OPPOSITION to this request. The following were opposed due to increased traffic, safety of children trying to get to the mini mart, potential increased accidents, and too many gas stations and convenience stores in Palm Desert already. MS. KATHY MONROE, homeowner at the corner of Portola Avenue and Alessandro MR. SALVATORE PISCHETELLI, 74-334 Pepper Grass, Palm Desert MR. DANNY WEINSTEIN, 73--065 Skyward Way, Palm Desert MR. RICHARD D'SA, 76-653 New York, Palm Desert Mayor Benson invited REBUTTAL. MR. YAMASAKI stated that within the design of the architecture would be the flexibility to address ways in which to mitigate the concerns of Ms. Monroe and provide more of a buffer between her property and the project. He said the lighting was designed to be directed away from the residential areas. He submitted petitions in favor of the project and stated there were 1,123 signatures, with 658 residents of Palm Desert (on file and of record in the City Clerk's Office). Mayor Benson declared the public hearing closed. MR. SANDY BAUM, 45-800 Deep Canyon, asked that the Council consider New Business Item D of the Redevelopment Agency agenda prior to taking any action on this public hearing. D. CONSIDERATION OF THE PORTOLA AVENUE/HIGHWAY 111 INTERSECTION PLAN. Mr. Ortega reviewed the staff report dated November I0th, noting that the Project Area Committee felt it would be very timely to do an engineering study at this time to determine what costs would be if rights -of -way had to be acquired. 3 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 * * • a • • * a a • • • a * • • * * • • • * * • • Upon question by Snyder as to whether or not the present plan submitted by Arco complied with the ultimate intersection plan for Portola Avenue and Highway 111, Mr. Folkers responded that it did except that something would have to be done beyond Alessandro to smoothly transition the traffic in and out. Councilman Crites asked how long it would take for the traffic study and the determination as to the ultimate width that would be necessary. Mr. Folkers responded that it would take at least 90 days. He added that for the Arco project, the existing right-of-way was 42 feet, and staff was requesting an additional 8 feet to make it 50 feet total. Mr. Perrier stated that this was an acceptable condition to the applicant. Council Comments/Questions: Kelly: Agreed that this was a bad intersection which needed to be engineered, but did not see why the intersection plan needed to be tied in with approval of the Arco project. Concerned with the location of the Arco project on the northwest corner and did not feel it was compatible with a residential neighborhood, which it adjoins. Also concerned with the selling of beer and wine at this location. Crites: Agreed there was a problem with the intersection and felt now was the time to begin mitigation measures. Issue is not the selling of liquor since it is in a commercial zone which allows the sale of beer and wine. Did not feel the community needed another convenience store but did not think the Council should be deciding how many needed to exist. It is the Council's business, if approving an additional gas station for the community, to try to find the most attractive, best designed, and most amendable one, which is not the case with the existing facility on the southwest corner. Stated he could find no justification for denying the project since it meets all the requirements of the zoning and been approved as to design and architecture. He asked that the following conditions be added: 1) The buffer area on the north side by Alessandro needs to be deepened to increase Ms. Monroe's privacy and make the project as unobtrusive as possible, with mature plants to be used; 2) Add a bus stop bench and waiting area; 3) Divider to be installed on Portola Avenue to prevent drivers from turning left into 4 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 a a a a a a a a a a a a a a a a a a a a a a a a a and out of the project; 4) Arco to agree to provide security personnel if determined to be necessary in the future; and 5) A major water feature to be installed at the corner of Porto l a and Highway 1 1 1 , which would be approved by the Civic Arts Committee. Wilson: Agreed with conditions requested by Crites. Agreed that there are too many convenience stores in the community but also agreed that this is not the issue. Benson: Did not see how having a gas station and convenience store across the street from the existing facility would solve anything. Said Arco people had indicated a commitment to beautifying the community, but the facility at the southwest corner had just sat for years without anything being done to improve it. Kelly: Agreed with condition requiring a bus stop. Asked how the City could be assured that the existing facility on the southwest corner would not remain if this new project were approved. Mr. Erwin responded that no gas station was allowed to be built within 500 feet of an existing facility. Upon question by Kelly, Mr. Erwin stated that he did not know of any restrictions relative to how far away from a residence a facility must be in order to obtain a liquor license. MR. YAMASAKI stated that he did not know whether or not the landscaping of the site would lend itself to include a water feature. He added that he was not sure the design of the project would allow for a sheltered bus stop. Councilman Crites asked that the condition reflect that the location of a sheltered bus stop shall be worked out in a cooperative agreement between Sunline, City staff, and the applicant in a manner acceptable to all three parties. If it could not be worked out, the matter would have to come back to the Council. Mr. Yamasaki stated that Arco would not develop the property without the ability to sell beer and wine and to stay open for 24 hours. He said protests had been filed with the Alcoholic Beverage Control office, and a hearing was to be held to determine the outcome of those protests. Mayor Benson stated that she felt the Council could not approve 24 hour operation for this facility when the Mobile facility had limited hours. She felt the hours of 5 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 a • • a • • a a • a a a a a a a a • * a a a a a a 6:00 a.m. to midnight were reasonable for a project adjacent to residences. Upon question by Crites, Mr. Diaz responded that although both the Flying J and the existing Arco station were allowed 24 hour operation, they were grandfathered in, and the conditions of approval stated that if there are complaints relative to noise, lights, etc., the hours would be curtailed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-115, approving a Negative Declaration of Environmental Impact and CUP 87-10, subject to conditions, including: 1) Delete the condition prohibiting the sale of alcoholic beverages; 2) Retain the condition restricting the hours of operation to 6:00 a.m. to 12 midnight; 3) The buffer area on the north side of the project adjacent to Alessandro to be deepened to increase privacy of nearby residences and make the project less intrusive, with mature landscape material to be used; 4) A cooperative agreement between Sunline Transit, the City, and Arco shall be executed relative to the location of a sheltered bus stop and waiting area adjacent to Highway 11I; 5) A water feature to be approved by the Civic Arts Committee shall be constructed on the corner; 6) A divider to be installed on Portola Avenue between Alessandro and Highway 111 to prevent left turns into and out of the project; 7) Developer to agree to provide security for the project if it is determined to be necessary in the future due to complaints; and 8) The project shall not proceed until approved by the Department of Public Works as to amount of needed rights -of -way and setbacks determined to be necessary and sufficient for the ultimate widening of Portola Avenue from Alessandro to Highway 111. Motion was seconded by Wilson and carried by a 3-2 vote, with Councilman Kelly and Mayor Benson voting NO. Member Wilson moved to, by Minute Motion, authorize a study of the ultimate traffic demands and requirements for the intersection of Portola Avenue/Highway 111 including engineering design and required right-of-way with consideration to accelerated implementation to take advantage of the current vacancy conditions. Motion was seconded by Snyder and carried by unanimous vote of the Agency Board. III. CONSENT CALENDAR A. MINUTES of the Meeting of the Redevelopment Agency of November 12, 1987. Rec: Approve as presented. 6 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 • • • a • 4 • • • • • • • • • • a • a • • • • • • B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Demand No. WR 01020. Rec: Approve as presented. C. REDEVELOPMENT AGENCY AUDIT REPORT. Rec: Receive and file. Upon motion by Wilson, second by Snyder, and unanimous vote of the Agency Board, the Consent Calendar was approved as presented. IV. ORAL COMMUNICATIONS None V. RESOLUTIONS A. RESOLUTION NO. 211 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF ITS PROJECT AREA NO. 1, AS AMENDED (ADDED TERRITORY ONLY), TAX ALLOCATION BONDS OF THE AGENCY TO AID IN THE FINANCING OF A PORTION OF THE COST OF A REDEVELOPMENT PROJECT. Mr. Ortega stated there was a memo in the packets and recommended adoption of this resolution. Member Snyder moved to waive further reading and adopt Resolution No. 211. Motion was seconded by Crites and carried by unanimous vote of the Agency Board. VI. CONSENT ITEMS HELD OVER None VII. NEW BUSINESS A. REQUEST FOR APPROVAL OF EXPENDITURE FOR FENCING ALONG THE PALM VALLEY CHANNEL. Mr. Ortega reviewed the staff report dated November 25th and recommended approval. Member Kelly moved to, by Minute Motion, authorize an expenditure of $8,732 for the installation of a covered fence for the Palm Valley Channel. Motion was seconded by Wilson and carried by a 4-0- 1 vote, with Member Crites ABSTAINING. 7 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 • • • • • • * * * * * • • • * • * • • • • • • • • B. REQUEST FOR APPROVAL OF RELEASE OF FUNDS TO COLLEGE OF THE DESERT FROM REDEVELOPMENT RESERVE. Mr. Ortega reviewed the staff report and recommended approval. Member Kelly moved to, by Minute Motion, release $65,714 from the reserve that it is currently holding for C.O.D. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Members Crites and Wilson ABSTAINING. C. REQUEST FOR APPROVAL OF USE OF SENIOR OVERLAY LOW INCOME IN -LIEU FEES FOR PROPOSED LOW INCOME SENIOR HOUSING PROJECT ADJACENT TO SENIOR CENTER. Mr. Ortega reported that this matter had been discussed in detail during the City Council meeting, and he recommended that the same action be taken by the Agency Board. Member Crites moved to, by Minute Motion, conceptually approve the Cable and Rylee proposal as an appropriate candidate for the Senior Low Income In -Lieu Fee and approve Option #1 and indicate the Agency's interest in assisting in the funding of the project in an amount up to $600,000. Motion was seconded by Snyder and carried by unanimous vote of the Agency Board. D. CONSIDERATION OF THE PORTOLA AVENUE/HIGHWAY 111 INTERSECTION PLAN. NOTE: This item was considered jointly with the City Council. Please see pages 1 through 6 for Agency/Council discussion and action. VII1. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR PROJECT AREA NO. 2. Member Crites moved to approve the agreement substantially in the form and content as presented at this meeting and authorize the Mayor and City Clerk to execute the agreement and approve any modifications recommended by the Redevelopment Agency Executive Director. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. IX. OLD BUSINESS None 8 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • X. PUBLIC HEARINGS None XI. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL Absent C. CHAIRMAN AND MEMBERS OF THE AGENCY None XI1. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the Agency Board, Chairman Benson adjourned the meeting at 11:33 p.m. ATTEST: SHEILA R. GI(LLIGAN, SE'RETARY TO THE PALM DESERT REDEVELIP ENT AGENCY JE N M. BEN ON, CHAIRMAN 9 M I MUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEET 1 NG • • • • • • * • • 4 4 • • • • • • -,.} .i...•..' . . ' .. • s ''' '.,4-•'; • .;•;. • •. • • , , • • ‘t t: W..; • • - •-••• • • , ••• EXHIBIT Yt • JOHNSON • • &ASSOCIAIES L; n ,5‘144,1)ecember. 10, 1987 City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Phil Drell Dear Mr. Drell: • DECEMBER 10, 1987 • • • • • • * I will not be able to attend the City Council meeting this evening, however, I am very interested in the proposed Arco Petroleum Products project which is adjacent to my property on Highway 111. On behalf of my partner, Roy Barbatti, and myself, I would like to make the following observations and comments: 1. We fell the ingress and egress off of Highway 111 is going to be extremely difficult and the existing station to the south has a better approach than this property, however, this problem does not affect our property, only Arco's. 2. Items I discussed with you and was assured that they will be part of the conditions of approval, are as follows: a) b) c) d) The existing access to the frontage road from Highway 111 will be closed off and turned into a parking area. Portola will be widened one intersection of Highway 111 Alessandro. The surface water and water solved and paid for by Arco. The aesthics of the building top priority to the approval project. care lane from the and Portola back to Culvert problems will be and landscaping will be a and success of this 3. Items we did not discuss: a) My partner and I would like to see the bus stop bench and wiiting area incorporated into the landscape design along Highway 111. 719b0 IIi,uu Om It vi IsA1411)1•0111,Cniillm..in 92210 nitu n ,11/1 09 • Ylly-5215 10 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 10, 1987 * * E s * * * a a s s * it s ■ f * a a s s f * a * r -���,��y�+ EXHIBIT to LETTER (CON'T) PAGE 2 MR. PHIL DRELL • DECEMBER 19, 1987 qfrelet •��'?� b) r:i The building and landscaping along Alessandro should be as pleasing to the eye as that along Highway 111. c),'If Arco is successful in obtaining a beer and wine ' ; license, any attempt by their customers to open alcoholic beverages on or near the premises should be �. guaranteed to be controlled by the owners and/or `•"; reported to the authorities. Our neighbors are quite concerned about the sale of alcoholic beverages and we would like to be assured that Arco will make every attempt to discourage any consumption on the premises 1 .''`,4%4 ' 1. and/or the adjacent property. If the above items are met, we feel that the project could be an asset to the community. Sincerely, >r is I*!�,hnson, AIA 11