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1996 11 12 CC Minutes, LA QUINTA CITY COUNCIL MINUTES SPECIAL METING NOVEMBER 12, 1996 Special meeting of the La Quinta City Council was called to order at 11:00 am by Mayor Holt, followed by the Pledge of Allegiance. PRESNT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT Yolanda Masten, 78-600 Saguaro Rd., understood that there are plans to build two- story homes across the street from her and she was opposed to such an idea because she felt that it would affect her property values and it would obscure her view. Helen Nelson, 78-707 Saguaro Rd., has always understood that one-story homes would be built behind her and felt that two-story would not be conducive to the environment on that corner. She felt that it wouldn't be good for the neighborhood. Pat Cross, 78-570 Saguaro Rd., advised that when they bought their home they understood that only single-story homes would be built around them and commented that they are proud of their neighborhood and their view would be obstructed with two-story homes. She didn't feel that it's right and asked for the Council to consider a solution such as a moratorium. John Sessums, 50-645 Calle Quito, advised that he was speaking for 33 people in the neighborhood who could not be present for this meeting. He stated that the people were unaware of any proposal to change the zone in their neighborhood and saw no reason why the change would have been made. The new zoning allows for two-story homes and they will stick out like a sore thumb". They will also block the views and infringe upon the privacy of the neighbors. They requested an immediate moratorium on any new construction under the new zoning standards and asked the Council to review the Code in light of the desires and wishes of the residents. Roselyn Davis, 50-925 Paloma Ct., was opposed to the new zoning and didn't know when it was done because she did not receive notification from the City. The lots in her area are large enough to build a large house without building up. This is supposed to be a low density area and the possibility of town homes and condos going in is not acceptable. She urged the Council to correct this matter. BIB] 12-17-1996-U01 10:43:04AM-U01 CCMIN-U02 11-U02 12-U02 1996-U02 ,City Council Minutes Page 2 November 12, 1996 William Aaron, 50-905 Paloma Ct., stated that he has found his dream home and there is a lot of vacant land across the street from his home and would like to see the area remain one-story. Kathv Owens, 50-965 Caile Paloma, stated that they are totally opposed to two-story homes in their area. There is a possibility of three homes looking into their lot and obscuring their view and losing their privacy and lowering their property values. BUSINESS SESSION 1. DISCUSSION OF IMPACT OF NEW ZONING ORDINANCE ON THE FOLLOWING AREAS AND CONSIDERATION OF INTERIM ORDINANCE TO REQUIRE THE ZONING RESTRICTIONS IN THE COVE RESIDENTIAL ZONE TO BE APPLICABLE TO SAID AREAS: AREA A: BOUNDED BY AVENIDA NUESTRA TO THE SOUTH; CALLE RONDO ON THE EAST, AVENIDA ULTIMO ON THE NORTH AND WASHINGTON STREET ON THE WEST. AREA B: BOUNDED BY SAGEBRUSH ON THE NORTH, 50Th AVENUE ON THE SOUTH; WASHINGTON STREET ON THE WEST AND DATE PALM DRIVE ON THE EAST. AREA C: BOUNDED BY LA FONDA ON THE NORTH, AVENIDA NUESTRA ON THE SOUTH, WASHINGTON ON THE EAST AND 100 WEST OF CALLE GUATEMALA. Mr. Herman, Community Development Director, presented staff report advising that when the new zoning ordinance was adopted there were four areas that had previously been zoned the same as the Cove, which is now RC which limits residential structures to 1 7' in height. The area delineated as Area B on the agenda is now zoned RM Medium Density) which allows two-stories and to the south of that is RL in which two-stories are also allowed. Area C which is south of City Hall is also designated RM. Area A is now zoned RL. There is an additional area known as the Yucatan Peninsula which is now zoning RM and was also previously zoned the same as the Cove. BIB] 12-17-1996-U01 10:43:04AM-U01 CCMIN-U02 11-U02 12-U02 1996-U02 ,City Council Minutes Page 3 November 12, 1996 In response to Council Member Henderson, Mr. Herman advised that to his knowledge there were no other changes made. When the zoning ordinance was drafted, the land use designations on the old map had to fit within the new land use designations that we have and the smaller lots in the Cove were kept because they had the Special Land Use Designation- why these were changed, he didn't know except that they are larger lots except for the Saguaro/Sagebrush area. Council Member Henderson stated that in her research, there doesn't seem to have been any intent or reason--it's just something that happened. In her discussions with some of the Planning Commissioners, there was no way of knowing every little thing in the document and that it is a living" document, subject to change. In response to Council Member Adolph, Mr. Herman advised that in 1985 the Council adopted an urgency ordinance relating to the Cove area and it was at that time the height limit was restricted to 17 through changes made in the zoning ordinance in 1986. In further response, he stated that the only way condos or duplexes would be allowed in a Low Density Residential Zone is with a Specific Plan which is normally used only for large parcels of land. Council Member Adolph asked if the 17' height limitation would affect an amateur radio operators antennae and Mr. Herman advised that he would research it and report back. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that adoption of an interim ordinance would prohibit the issuance of any further building permits in the areas designated that don't meet the standards of the RC Zone and gives an initial 45 days for a re-look and study of the zoning Code and if further study is needed at the end of 45 days, an additional period could be adopted. Council Member Sniff understood that there is an application being processed and questioned its status. Mr. Hartung, Building & Safety Director, advised that one application has been received and a building permit was issued this morning for a two-story addition. Council Member Sniff questioned how that can be dealt with and Ms. Honeywell advised that the matter of a building permit having been issued cannot be dealt with if it has been issued validly. The only action the Council BIB] 12-17-1996-U01 10:43:04AM-U01 CCMIN-U02 11-U02 12-U02 1996-U02 ,City Council Minutes Page 4 November 12, 1996 can take at this time would be to affect future building permits. There is no discretionary act left for the City. Council Member Henderson questioned the normal procedure for noticing the public on a zone change and Ms. Honeywell advised that it depends on the extensiveness of the zone change. In the case where we were adopting a new zoning ordinance for the entire City like this one, there were publications in the newspaper. Because of the cost it would bare on public funds, the State allows this type of notification when it is a citywide action. Council Member Henderson asked if there is anyway the City could enter into negotiations with this builder given the seriousness of the matter--in that if he would consider not building we may be able to consider mitigating some of his costs. Ms. Honeywell advised that it would have to be researched to determine if it would qualify as a Redevelopment project. As far as the City is concerned, the builder has not been damaged, he has his building permit and can proceed to build. Council Member Sniff felt that the Council needs to act to protect the areas in question with the addition of the Yucatan area) and favored adoption of the interim ordinance and hoped that the matter can be noticed and dealt with in 45 days. He encouraged the staff to provide as much specific information to the public as possible even if it has to be repetitious when it's as important as this issue. Mayor Holt pointed out that Council has already directed staff to use a direct mailer to all residents when something of this magnitude comes up. Council Member Perkins felt that this Council has consistently objected to the combination of single and two-story units except for planned projects when people know the character of the project when buying in. He felt that this is something that just slipped by both the Planning Commission and the City Council. He didn't feel that the City should ever destroy what little or great view people have by permitting a two-story unit as many people bought here for the view. Therefore, he supported whatever is needed to rectify the problem. BIB] 12-17-1996-U01 10:43:04AM-U01 CCMIN-U02 11-U02 12-U02 1996-U02 ,City Council Minutes Page 5 November 12, 1996 MOTION It was moved by Council Members Henderson/Perkins to take up Ordinance No.289 by title and number only and waive further reading including the areas delineated on the agenda as Areas A, B & C including the Yucatan area east by the Bear Creek Channel, north of Montezuma, and west of the Yucatan area and modifying Area B to go to the Evacuation Channel on the east. Motion carried unanimously. ORDINANCE NO.289 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RESTRICTING THE ISSUANCE OF BUILDING PERMITS UNLESS COVE RESIDENTIAL DEVELOPMENT STANDARDS ARE MET IN THE AREA BOUNDED BY AREA A: BOUNDED BY AVENIDA NUESTRA TO THE SOUTH, GALLE RONDO ON THE EAST, AVENIDA ULTIMO ON THE NORTH AND WASHINGTON STREET ON THE WEST; AREA B: BOUNDED BY SAGEBRUSH ON THE NORTH, 50 AVENUE ON THE SOUTH, WASHINGTON STREET ON THE WEST AND THE EVACUATION CHANNEL ON THE EAST; AREA C: BOUNDED BY LA FONDA ON THE NORTH, AVENIDA NUESTRA ON THE SOUTH, WASHINGTON ON THE EAST AND 100' WEST OF CALLE GUATEMALA; AND AREA D: EAST OF THE BEAR CREEK CHANNEL, NORTH OF MONTEZUMA. WEST OF THE YUCATAN AREA. It was moved by Council Members Sniff/Adolph to adopt Ordinance No.289 as an urgency ordinance. Motion carried on the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None Council Member Perkins asked if any direction should be given to staff to do whatever is possible to stop the existing building permit and Mr Genovese advised that staff would be back on November 1 9th with the appropriate research. John Sessums, commented on the noticing practices of the City and encouraged it to be improved. BIB] 12-17-1996-U01 10:43:04AM-U01 CCMIN-U02 11-U02 12-U02 1996-U02 ,City Council Minutes Page 6 November 12, 1 996 2. CONSIDERATION OF NOMINATION OF CANDIDATES FOR THE IMPERIAL IRRIGATION DISTRICT POWER CONSUMERS ADVISORY COMMITTEE. Mayor Holt advised that lID is looking to the Council to submit up to three names for consideration of appointment on their Power Consumers Advisory Committee. Council Member Henderson advised that she has talked to Mr. Bill Simmons who is interested in having his name submitted. Mayor Holt suggested that the name of Ingram Bander also be submitted and suggested that if any other Council Member has names to submit that they do so by November 1 3. Council concurred. There being no further business, the meeting was adjourned upon motion by Council Members Sniff/Henderson. submitted SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 12-17-1996-U01 10:43:04AM-U01 CCMIN-U02 11-U02 12-U02 1996-U02