HomeMy WebLinkAboutRes 05-14 C/Z 04-05 and PP 04-31 - Robert & Marilyn Ford 44447 Portola AvenueRESOLUTION NO. 15-+#
A RESOLUTION OF THE CITY COUNCIL OF THE CI1 YOI- r'ALnil 1i1=56K I , CAL' FORN1R,
DENYING A CHANGE OF ZONE FROM R-1 TO OFFICE PROFESSIONAL AND A
PRECISE PLAN OF DESIGN FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING
LOCATED AT 44-447 PORTOLA AVENUE.
CASE NOS. C/Z 04-05 AND PP 04-31:
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of
January, 2005, to consider the request by ROBERT AND MARILYN FORD for the above mentioned
application; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council find the following
facts and reasons to exist to justify denying the said request:
1. That the proposed change of zone is not combatable with the existing single-family
neighborhood.
2. That the precise plan of design is not consistent with the existing R-1 single-family
zoning.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
Califomia, as follows:
1. That the above recitations are true and correct and constitute the findings of the City
Council in this case.
2. That the City Council does hereby deny Change of Zone 04-05 and Precise Plan 04-
31.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 13th day of January, 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
City of Palm Desert
Office of the City Manager
MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Carlos L. Ortega, City Manager
Date: January 24, 2005
Subject:: Letter from Ford Properties to Members of the City Council
On January 24, 1 spoke with Marilyn Ford to advise her that the matter of the General
Plan that impacts their property on Portola would be discussed by the City Council at
the January 27 Council meeting.
I explained to her that the purpose of the Council's discussion was not specifically about
their project, but rather to consider beginning the process to amend the General Plan
designation for properties along Portola Avenue.
She indicated her husband would not be in town, but she might appear to address the
Council on the matter on the agenda.
CARLOS L. OFtTEGA
City Manager
CLO:kr
cc: Phil Drell, Planning Director
Attachments
Letter from Ford Properties
January 27, 2005 Agenda Item
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[] PASSED 70 2ND READING
F ORD
® PR OPERTIES
January 21, 2005
Buford Crites, Mayor
Jim Ferguson, Mayor Pro Tem
Jean Benson, Councilmember
Richard Kelly, Councilman
Robert Spiegel, Councilman
Subject: C/Z 04-05 and PP04-31 Ford Properties Building
44-447 Portola Avenue
Dear Mayor & Council Members:
We are writing to express our concern and dissatisfaction regarding your decision at the City
Council meeting of January 13, 2005. We purchased a residential home on Portola Avenue in May
2004. The property is located in the area recently designated by the General Plan as proposed for
rezoning to Office Professional. We are objecting to your quick dismissal of our request for such
rezoning after compliance with all requests by City staffand Planning Commission.
Previously we had received unanimous approval from the Architectural Committee and
m
Desert Planning Commission. These approvals (and your subsequent denial) were made after
$25,000 was spent on architects, permits, etc. requested by Palm Desert Planning Department. over
question the lack of voting consistency between the City entities and governing bodies. We also
question your judgment in not adhering to the General Plan, which you helped create.
At the January 13th meeting we heard complaints from five neighboring residents. Many of these
residents have no proximity to our property and would have absolutely no impact from the
rezoning. The neighbors voiced their concern over the perceived amount of traffic generated by a
family. In fact, there would be less traffic.
two -person office. We submit that the traffic would likely be no greater than a normal four -person
Mr. Kelly noted the disturbance to be created by garbage trucks turnin
The staff report indicated that our buildin as a g around on our property.
Did the staff read the report or visit the siteh? pproval for residential trashcans, not a dumpster.
When it was mentioned that some of the homes in this neighborhood were in disrepair,
Ferguson kindly noted that he -"grew up in a -poor neighborhood, but it is still a neighborhood".
Mr. Ferguson see the residence we purchased? Have you visited the site? Did
property is
more than disrepair, it is pure blight. And we have no reason to believe it hhas any value as a
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Office (760) 346-9750 • Fax (760) 346-4153
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residence due to the high traffic on Portola Avenue. With growth rates in the Valley escalating, this
traffic will only increase.
The current neighbors certainly have a right to voice their opinions. Did they have the same rights.
prior to the City adoption of the General Plan which recommended rezoning? We hope the General
Plan required much deliberation and investigation by City officials. If so, we are very concerned of
the ability of City Council to suggest revision of the rezoning because of a few citizens objections.
We are also citizens with the same constitutional rights. In fact, we changed our building plan
several times to accommodate the concerns of the neighbors. The planning Commission limited the
height and restricted the design to be residential in nature. This was done to comply with
surrounding existing residences. We complied. We want to work with the neighbors, but we believe
it is not fair or impartial representation to disregard our needs as well. This could be a win -win
situation for everyone involved if more time were spent to solve the concerns, instead of simple and
immediate denial and reversal of the recent General Plan.
As Council Members your votes effect the lives of all citizens, both personally and financially. The
voting needs to be done considerately and carefully and an impartial vote cannot be expedient or
casual.
Sincerely,
Robert & Marilyn Ford
Ford Properties
cc: Phil Drell, Director of Community Development
Lauri Aylaian, Development Manager
Brian Harnick, Esq.
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: That the City Council directs staff to initiate a general plan amendment
removing the Office Professional land use on Portola Avenue between
Fred Waring Drive and De Anza Way.
SUBMITTED BY: Tony Bagato, Assistant Planner
DATE: January 27, 2005
CONTENTS: Recommendation
Discussion
Recommendation:
That the City Council directs staff to initiate a general plan amendment removing the
Office Professional land use on Portola Avenue between Fred Waring Drive and De
Anza Way.
Discussion:
On January 13, 2005, a request for a change of zone from R-1 to Office Professional
and a precise plan of design for a 1,826 square foot office building was denied.
Based on the discussion, Office Professional was determined not to be compatible
with the existing neighborhood. This was the second office project that has been
denied in this area and staff is recommending that office professional be removed
from the General Plan land use designation. Staff was directed to prepare a report to
initiate the proceedings for a General Plan Amendment removing Office Professional
as a land use for properties on Portola Avenue between Fred Waring Drive and De
Anza Way.
Submitted By:
Tony B 'gato
Assistant Planner
Approval:
CityMa
for pment Services
Department Head:
Phil Drell
' Director of Community Development
Jan 27 05 1O:06a Marilyn & Bob Ford
760-341-9674 p•1
FORD
® PROPERTIES
FAX TRANSMITTAL
Phone: (760) 773-5225 FAX FROM: (760)568-9906
TO: MEMBERS OF PALM DESERT CITY COUNCIL fax to 340-0574
FROM: MARILYN FORD, FORD PROPERTIES
DATE:1/27/05
RE: JANUARY 27, 2004 AGENDA ITEM
I respectfully request the Members of City Council reschedule the
discussion of the following item:
"That the City Council directs staff to initiate a general plan amendment
removing the office professional land use on Portola Avenue between Fred Waring
Drive and De Anza Way."
As you know, we own property affected by this discussion. The reasons for my
request to continue this item to a later date are:
1) My husband is out-of-town this week and Bob would like to attend.
2) We would like our attorney, Brian Harnik, to be present and he is
unavailable today.
Your consideration of a continuance is greatly appreciated.
Respectfully, r
I1Vlanlyn .fiord :i ii
773-5225
ZS ;01 WV LZ NVE
Received Jan-27-05 10:08am
From-760 341 9674 To -PALM DESERT CITY CLE Page 01
FROM : MCL STUDIO
FAX NO. : 7603499619
Jan. 27 2005 01:23PM P1
Ming G. Lowe
january 27, 2005
resolution: 05-14
case # cz04-5
and PP04-311
city council
city of palm desert
73-510 fred waring drive
palm desert oa 92260
. dear city coundl members, ,
regarding the proposed zone change from de anza to fred Waring On portola
irilad a few more thoughts:
if 'possiblestreet widening of portola in the future and disruption of residences is of
concern to the city planners...why encourage 'multiple' family dwellings or office
proffe.sional buildings...with the 'increase' of required glurking, hence the increase of
. , traffic flow from these buildings that would result
it is not so much the increase of traffic on portola that concerns me ..but the increase of
• .
'crossing aver' of the 'sidewalks' from side streets and 'driveways' that would interupt
the flow of 'pedestrian' traffic existing on portola from children walking to and from
schools and general neighborhood congestion ..why not just keep it simple, as is
...single family housing?
\ •
thank you, again, for your consideration.
ming c. lowe
ps. 'at present' the section of de anza to fred waring on portola is 'entirely' residential.
. .
there are no 'existing' commercial units or offices on this section and since the city of
c.)<Epan desert became a city ...no building permits have been given for such.
...
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P.O. Box 269 Palm Desert Ca. 92261 www.mingolowadom
•
Received Jan-27-05 0120pm From-7S0S490610
To -PALM DESERT CITY CLE Page 01
CITY Of PRIM DESERT
73-5[0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 I
FAX: 760 340-0574
info @palm -desert. org
January 31, 2005
Robert and Marilyn Ford
Post Office Box 3449
Palm Desert, California 92261
Dear Robert and Marilyn Ford:
Subject: Resolution No. 05-14 - Denying a Change of Zone From R-1 to
Office Professional and Precise Plan of Design to Allow the
Construction of a 1,826 Square Foot General Office Building
Located at 44-447 Portola Avenue (Case Nos. C/Z 04-05 and
PP 04-31)
At its regular meeting of January 27, 2005, the Palm Desert City Council considered the
subject cases and took the following action:
By Minute Motion, continued this matter to the meeting of February 10, 2005.
If you have any questions or require any additional information, please do not hesitate
to contact our offices.
Sincerely,
RACHELLE D. KLASSEN, CMC
CITY CLERK
RDK:mgm
cc: Tony Bagato, Assistant Planner
G:\CityClrk\Gloria Martinez\Letters163-002 Planning\Ford Bob and Marilyn - Franco Laulainen - Res 05-14.doc
* PAINIEP ON Af(Y(EEN PAPER
CITY Of PRLffl OESEPT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o-2578
TEL: 760 346-0611
FAX: 76o 340-0574
info@palm-desert.org
January 31, 2005
Franco Laulainen, Architect
73-375 El Paseo, Suite U4
Palm Desert, California 92260
Dear Mr. Laulainen:
Subject: Resolution No. 05-14 - Deriving a Change of Zone From R-1 to
Office Professional and Precise Plan of Design to Allow the
Construction of a 1,826 Square Foot General Office Building
Located at 44-447 Portola Avenue (Case Nos. C/Z 04-05 and
PP 04-31)
At its regular meeting of January 27, 2005, the Palm Desert City Council considered the
subject cases and took the following action:
By Minute Motion, continued this matter to the meeting of February 10, 2005.
If you have any questions or require any additional information, please do not hesitate
to contact our offices.
Sincerely,
RACHELLE D. KLASSEN, CMC
CITY CLERK
RDK:mgm
cc: Tony Bagato, Assistant Planner
t` PRINTED ON RECYCLED PAPER