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HomeMy WebLinkAbout1965-0302_CCv0001.pdf Jack H. Cummings, Councilman Ralph P. Merritt, Jr. , City Attorney Edward: F. Taylor, City Attorney Hazel M. Soper, City Clerk Ron Kibby, Redlands Daily Facts Charles Palmer, San Bernardino Suer None The meeting opened with the pledge of allegiance , followed by the invocation by Reverend George Graham of the University Chapel, University of Redlands. Minutes of the regular meeting of February 16, 1965 were approved as submitted. )TITIONS Mr. Don Acheson, Mr. Dennis Martin, Mr. H€rrdl.d Durrell and Mrs . Wanda Hale spoke to the council in protest to the business license being applied to apartment owners this year. Mr. Acheson feels that the exemption of owners of four or less rentals is discriminatory. City Treasurer Poyzer informed the Council and petitioners that this is a legal license imposed and covered under our business license ordinance and administered by his office, and is a pert of the City' s revenue. After considerable discussion, Councilman Cummings moved that the pro- test be tabled for one month, with a report to the Council, from the Treasurer relative to the basis of apartment units of four or less being exempt . Motion seconded by Councilman Hartzell and carried, with Councilman Wagner absta,ining 'from voting. G COMISSION RECOMMENDATIONS As considered by the City Council at a regular meeting thereof held March 2, 1965 at 3 :00 P.M. 1. Conditional Use Permit No. 108 - Paul H. Gerrard At the regular meeting of February 16, 1965, Council action on Con- ditional Use Permit No. 108, the request of Paul H. Gerrard to construct a neighborhood store on 1.85 acres located on the south west corner of Cypress Avenue and Center Street, was tabled at the request of Attorney James R. Dunn on behalf of the Southside Improvement Association, who oppose the proposed development. This matter had been considered by the Planning Commission at a regular meeting on February 9, 1965, with a recommendation returned to the City Council for approval of Conditional Use Permit No. 108, subject to recommendations of various departments as contained in Planning Commission minutes dated February 9, 1965, Mayor Burroughs opened the afternoon session of the City Council at 3 :00 P.M. as a Public Hearing on this recommendation. Attorney Dunn, on behalf of the Southside Improvement Association, was the first speaker and opened his remarks by reading sections of the Government Code relating to procedure and adoption of a Master Plan and reference to issues involved. He urged that the present symbols of the Master Plan indicating neighborhood stores be restudied, pointed out the number of people in the immediate area who are opposed, increase in traffic problems, and the precedent it would establish and permit similar applications for such stores of four minutes. Speaking for the Improvement Association and pi sented by Mr. Alvin. L. Short , 602 Esther Way, were Mr. Keith Carl 556 Center Street ; Mr, James Henty, 614 Esther Way; Mr. Conant He 1419 West Cypress Avenue and Mr. Short. For the proponents were Kenneth King, 1058 Clifton Avenue ; Mr. Fred Burke , 526 Esther W'ay Mr. Fred Harrison, 615 Harding Drive ; and Mr. Raymond Haight , 64( Buena Vista Street, Mr. Short than filed a petition containing ° signatures in opposition to the market. The public hearing was declared closed at 5 =15 P.M. After a five minute recess the Council considered all evidence submitted. Ma) Burroughs reported the great number of letters and calls he had received in favor of the proposal. He stressed that the size anc frequency of neighborhoods were strictly controlled by ordinance that each amendment added further restrictions. Councilman Hartzell read his statement and motion as follows : "Mr. Mayor, the matter before us in many respects is precedent setting. To my knowledge, Section 23 of Ordinance No. 1000, the so-called 11C-1 Neighborhood Stores Regulation" has not bee invoked before. I have attempted diligently to find the same or similar uses established within the framework of a Plannin4 Ordinance in other neighboring communities, and have been unal to do so. Apparently this specific concept is untried in thio general area. This fact leads me to the conclusion that intra sign of a commercial enterprise into an established, zoned residential area must not only be substantiated by ordinance and sound planning considerations necessity and desirability. We have before us a decision which will have an important bearing on the subsequent development of Redlands. On September 15, 1955, Ordinance No. 1.000 - our Master Plan became effective . Mown through the years this plan has not only provided for orderly development, it has defined propert3 development standards, protected property values and uses, prohibited or minimized nuisances. From time to time, the ordinance has been altered and amended to accomodate the chant ing needs of our rapidly growing community and has provided tf basis for firm, realistic planning policy. The ordinance recc nixed that convenience shopping in residential areas is inevii able, as has been the experience of every growing city. In recognition of this eventual demand, planning for it has impoe the establishment of controls and conditions which will permit the use without hindrance or detriment to surrounding resident properties . In short, I believe this section of the ordinance is "Proper? planning for Redlands, and that every reasonable control for the protection of the residential area has been exercised. The fest that shopping Centers are convenient, necessary and desirable is obvious - and when properly regulated and control may contribute very substantially to planned community growth; herein lies the real heart of the matter before us now. The key words are "Growth" and "Control" . Growth is as inevitable as tomorrow' s sunrise, and it is senseless to try to either stop or forestall it . The only course of action is that of control - to channel progress and development toward the best interests of the commUiity, in terms of our honest objective understanding of what Redlands is and is to be. I have received many phone calls , .letters and personal visits from both the proponents and opponents of this application. In general, the proponents state they have technically quali- fied their application, that they present it in good faith as provided by ordinance, and that there does exist a public neec and desire for this facility. The opponents claim that there is no need for this store, that it is an unwarranted intrusion snis is tne case, venicuiar zraiiic wiii increase no matter what the fate of this application. With every new home con- structed in south west Redlands , with every new classroom at Cope or Smiley School, the traffic will increase. Studies do not indicate traffic increase greater than 2501 at ,peak hours 70 because of this facility, a factor the present street capaci- ties can accomodate readily. In fact , the safety of pedestrians will be improved with the installation of sidewalks and set- backs. As we have stated previously, every reasonable effort has been made to protect against nuisances and other objectionable factors - and these controls are effective as used elsewhere under conditional use permit procedure. And then there are the psychological factors such as "Need" , "Desire" , "Unwarranted Intrusion" . The only tests I have been able to apply have been first-hand observations of vaguely similar uses under similar circumstances of control, and talking to people presumably somewhat knowledgable in these matters. In general, convenience shopping centers have been well accepted and have served a useful and desirable purpose when business hours , lights , signs, noises , odors, parking facilities, landscaping, screening, architectural compatabi- lity, etc. have been regulated and controlled. A large number Ij of people prefer to live adjacent to or close to shopping centers, and there has been a consistently good resale experience with stable property values. Mr. Mayor, I move that this City Council approve the application for Conditional Use Permit No. 108, for the construction of a neighborhood store located at the southwest corner of Cypress Avenue and Center Street, as recommended by the Planning Commis- sion, and that said application be approved subject to all requirements and recommendations of the various departments of the City. This motion is based upon the following findings and reasons : 1) The application is technically correct and in conformance with applicable ordinances. 2) The economic feasibility of the operation has been satisfactorily demonstrated, as required by ordinance. 3) There is a need and desire for this facility in this location and under the specified conditions as evi- denced by the overt requests of a substantial number of residents within the area of influence of the proposed development. 4) The best interests of the public for neighborhood convenience goods will be served by this development. Vi 5) The approval of the application is essential to planned, orderly growth of this community. 6) The proposed use is desirable to the public convenience or welfare and in harmony with the master plan and its objectives. Councilman Cummings stated that he had spent many hours studying the ordinance and master plan, viewing the property and comparing similar areas in fine residential sections of Pasadena, and that his phone calls and communications ran 3 to I in favor of the development. He then seconded the motion of Councilman Hartzell. Councilman Wagner said he thought the ordinance was very good and very restrictive, that appraisals in areas near a shopping convenience show no depreciation in real estate values and that neighborhood shopping conveniences are necessary and desirable. Councilman Martinez concurred in the findings submitted by the other members of the Council. f ' 3. Conditional Use Permit No. 10 Seventh DaX Adventist Associatic That the request of the Southeastern California Association of Seventh-Day Adventists for a conditional use permit to construct a church and related facilities on the northwest corner of Lugonia Avenue and Columbia Street extended, (R-1 Zone) be approved subject to the recommendations of all departments and in accordance with the study map, as contained in Planning Commission minutes elated February 23, 1965, as to the church site only. On motion of Councilman Wagner, seconded by Council- man Cummings, the recommendation of the Planning Commission was adopted by the City Council. 4. Variance No. 121 - James H. Green That the request of James H. green for a variance from the front yard provisions of the R-S (Suburban Residential) District to permit a front setback of fifteen feet from Orchard Drive rather than the required twenty-five feet for property located on the southease corner of Cypress Avenue and Orchard Drive, be approved subject to the recommendations of the Planning Department as contained in Planning Commission minutes dated February 23, 1965, but amending recommendation No. 1 to read: Any accessory buildin paced within ;50 feet of rear property line shall be set back 25 feet from Orchard Drive . On motion of Councilman Hartzell., secon ded by Councilman Cummings, the recommendation of the Planning Commission was adopted by the City Council. 5. Street Vacation No. 45 - Redlands Unified School District That the vacation of a portion of Redlands Street between Highlar Avenue and Fifth Avenue - Street Vacation No. 45 - be approved subject to the recommendations of the various departments as stated in Planning Commission minutes dated February 23 , 1965, an adding to Park Department recommendations the following: 4. Skin and trim Washingtonia palms on Highland. If the palms interfere with new curbs and gutters they will have to be moved back. On motion of Councilman Cummings, seconded by Councilman Wagner, the recommendation of the Planning Commission was adopted by the City Council. Resolution No . 2434, a resolution of the City of Redlands declarl intention to vacate a portion of Redlands Street, presented and adopted on motion of Councilman Wagner, seconded by Councilman Hartzell, with public hearing thereon set for April 6, 1965 . 6. Commission Determination No . 11 - North Redlands Shopping Center That the request of the North Redlands Shopping Center for commis sion determination that a retail liquor store use is similar to those uses permitted in the C-2 district and related to the con- venience level of purchasing normally supporting neighborhood shopping centers be approved as stated in Planning Commission minutes dated February 20_, 1965, subject to the requirements of all departments ; provided it is subject to all of the regulations of the shopping center and tied in with the construction of a foo stare. On motion of Councilman Wagner, seconded by Councilman Martinez , the recommendation of the Planning Commission was adopt by the City Council. 7. Home Occupation Permit No. $7 - Harley J. Brook That the request of Harley J. Brook for a Home Occupation Permit conduct a mail order printing business in his residence at 1007 Lombard Drive, Apt. "B" be approved subject to Planning Departmen requirement for such permit . On motion of Councilman Cummings , seconded by Councilman Wagner, the recommendation of the Planning 9. Tract No. 7110 - Andover Development Corp, - Time Extension That a time extension of one year be granted for Tract No. 7110, to March 3 , 1966. On motion of Councilman Cummings , seconded by Councilman Martinez , the recommendation of the Planning Depart- ment was adopted by the City Council. 10. Tract No. 7269 - E. E. Shirteliff Time Extension That a time extension of one year be granted for Tract No. ,7269, to March 17 , 1966. On motion of Councilman Wagner, seconded by Councilman Cummings, the recommendation of the Planning Depart- ment was adopted by the City Council. 11 . Lot Split No. 339 - Ruth Matteson - Time Extension That a time extension of one year be granted for Lot Split No. 339, to February 18, 1966. On motion of Councilman Hartzell, seconded by Councilman Cummings, the recommendation of the Planning Department was adopted by the City Council. 12. Tract No. 6582 - Marvin Van Wieren - Final Approval All provisions as contained in Council minutes dated June 2, 1964, having been complied with, it is the recommendation of the Planning Departmtne that final approval be ,given to Tract No . 6582 . On motion of Councilman Harivell, seconded by Councilman Wagner, the recommendation of the Planning Department was approved by the City Council. COMMISSION RECOMMENDATIONS At a regular meeting of the Traffic Commission held February 18, 1965 , the following recommendation was submitted for Council consideration3 A) Pursuant to Article 677, Section 677. 9 of the Redlands Traffic Ordinance : To establish a two hour parking limit on the west side of Eureka Street from a point approximately 18 feet south of south curb line of Library Drive to a point approximately ,280 feet south -of south curb line of Library Drive. ;ion Resolution No. 2433, a resolution of the City of Redlands amending 433 the Traffic Ordinance as above recommended, presented and adopted on motion of Councilman Hartzell, seconded by Councilman Cummings . ;HED BUSINESS Resolution No. 2435 a resolution of the City Council amending ;ion Resolution No. 2394 establishing a salary schedule and compensation E35 plan for city employees, presented and adopted on motion of Council- man Cummings, seconded by Councilman. Wagner. 'slNESS Ordinance No. 1286, an ordinance of the City of Redlands relating to Lae and regulating the location of apiaries , presented, first detailed 36 reading waived on motion of Councilman Wagner, seconded by Councilman �s Hartnell, and laid over under the rules . Ordinance No. 1287, an ordinance of the City of Redlands amending the ice Redlands Ordinance Code by the addition of Article No. 239 Massage 187 Parlors and Massagists - thereto, presented, first detailed reading entire project , approximately $40,000.00. On motion of Councilman Wagner, the recommendation of the Depart Public Works was approved, with the total improvement to be done City with reimbursement by the school district for their propori shares. It is understood that the work will be completed before start of the school year of 1966, and that if reimbursement frox service connections to the line is not completed within 10 year: period may be extended. Motion seconded by Councilman Cummings carried. Emmett Lowry, Water Superintendent , asked the Council for advice Time tive to the request of the California Trout Company to the Mill Extension. Water Owners Association, of which the City is a minority member, California Trout extension of its lease in Mill Creek Canyon. Councilman Hartze] Company moved that as the lease had expired in February r'y and the companl defaulton its rental payments, the request should not be looked favorably at present. Motion seconded by Councilman Wagner and The City Manager requested authorization to engage the engineerl Mill Creek firm of Neste, Brudin and Stone to perform a preliminary engines Falter study to evaluate conditions relative to the design of a new fi] Plant plant in Milt Creek. On motion of Councilman Wagner, seconded t Councilman Cummings, authorization from the study was approved t City Council. On motion of Councilman Hartzell, seconded by Councilman Martine Bid Call City Clerk, was authorized to call for bids for the installation Sewer Line Terracina Boulevard and Olive Avenue trunk line - sewer line ext to the Redlands Community Hospital. Bids called for March 16, 1Ot00 A.M. A Grant Deed to the City of Redlands from Roger N. Green for an Grant Deed went for a water line over the westerly portion of Lot 24, Redle R. N. Green Heights, presented and accepted on motion of Councilman Wagner, ed by Councilman Martinez , with the City Manager authorized to e certificate of acceptance on behalf of the City of Redlands , Mr. Merritt informed the Council that June 11, 1965 has been des as Redlands Community Bowl Day. A trophy display case for the wall along the north entrance to t City Hall lobby was approved on motion of Councilman Hartzell, s by Councilman Cummings cost not to exceed $600.00. An invitation to the Council to attend a program for teachers on lo, 1965 . . Possible relocation of the Footlighters was discussed. Council!, cted the staff to proceed to investigate the possibility of a si C�,, or of the ity of lands o '79 _irk 0-0-0-0-0-0-0-0-0