HomeMy WebLinkAbout7/12/2001 - STAFF REPORTS DATE: JULY 12, 2001
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING AND BUILDING
CASE 5.0852:AJOINT MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGSAND
THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUI LLA INDIANS CONCERNING
THE DECISION OF THE PALM SPRINGS CITY COUNCIL TO ADOPT RESOLUTION 20018
OVERRULING WITHOUT PREJUDICE A PLANNING COMMISSION DECISION TO ISSUE A
CONDITIONAL USE PERMIT FORAMOTORCYCLE RENTAL,LOCATED AT490 SOUTH INDIAN
CANYON DRIVE, C-2 ZONE.
APPEAL
An appeal has been submitted by Eaglerider Palm Springs. The appellant has appealed the
following:
1. The decision of the Palm Springs City Council to adopt Resolution 20018 overruling without
prejudice a Planning Commission decision to issue a Conditional Use Permit for a
Motorcycle Rental, located at 490 South Indian Canyon Drive, C-2 Zone.
SUMMARY
During its meeting of April 4, 2001, the City Council adopted Resolution 20018 overruling without
prejudice a decision by the Planning Commission to issue a Conditional Use Permit for a
motorcycle rental use at490 South Indian Canyon Drive. The applicant has appealed this decision
to the Tribal Council of the Agua Caliente Band ofCahuilla Indians. In accordance with the Land Use
Contract between the Tribal Council of the Agua Caliente Band of Cahuilla Indians and the City of
Palm Springs, a public hearing will be conducted on the subject appeal during a joint meeting.
Director of anning and Building
City Manager
ATTACHMENTS:
1. March 7, 2001 Staff Report to City Council Concerning Appeal of Planning Commission
Decision.
2. Applicable Portion of Minutes of the City Council meeting of March 7, 2001.
3. Applicable Portion of Minutes of the City Council meeting of April 4, 2001.
4. City Council Resolution 20018.
07/05/2661 14:41 18124236136 BARTHEL AGY PAGE 66
July 5,2001
Vinetta Barthel
500 W. Arenas#1
Patin Springs,CA 92262
Tribal Council
W.Richard Nlilanovich
Tribal Chairperson
600 East Tahquitz Canyon Way
Palm Springs,CA 92262
PAX#760-325-4954
Dear Mr.Milanovichi
I would like to express some consensus I have about the proposed Eagle Rider Motor
Cycle Rental Shop,
Being a resident of the Historic Tennis Club area,I am of course concerned about
additional noise and possible accelerated motorcycle speeds. 1 also walk Ramon lid. on a
daily basis and the thought,of bikes zooming down this tranquil residential neighborhood
is distressing.
I respectfully suggest that another site would be more appropriate and ask that you
support neighbors in Maintaining the tranquil village atmosphere that we so enjoy.
Sincerely,
.,ea,.e
Vinetta Barthel
CC: Palm Springs City Covwdl MtrmNrst Jeannie Relter Spurgin,Ron Oden,Doyna Hodges,RM
Joncs,and Wltl Kleindienst
DATE: MARCH 7, 2001
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING & BUILDING
CASE #5.0852: APPEAL TO THE CITY COUNCIL BY THE HISTORIC TENNIS CLUB
NEIGHBORHOOD ORGANIZATION OFTHE PLANNING COMMISSION'S DECISION TO
ISSUE A CONDITIONAL USE PERMIT FOR A MOTORCYCLE RENTAL USE AT 490
SOUTH INDIAN CANYON DRIVE, ZONE "C-2" GENERAL COMMERCIAL.
APPEAL:The Historic Tennis Club Neighborhood Organization is appealing the Planning
Commission's decision to issue a Conditional Use Permit for a Motorcycle Rental Use at
490 South Indian Canyon Drive, Zone "C-2" General Commercial.
RECOMMENDATION:
Staff recommends that the City Council consider the appeal of the decision by the Planning
Commission to issue a Conditional Use Permit for a Motorcycle Rental Use at 490 South
Indian Canyon Drive and thatthe City Council direct staff to prepare a resolution upholding,
overruling or modifying the decision of the Planning Commission.
PROPOSAL FOR MOTORCYCLE RENTAL USE
The applicant proposes to utilize property located at 490 South Indian Canyon for Motorcycle
Rental. The use of Motorcycle Rental is proposed to be open seven days a week from 9:00
AM to 5:00 PM. The applicant anticipates having eight to ten bikes available for rent at this
site, although additional bikes maybe available for special events. The area formerly used
for service bays is proposed to be the bike showroom. The applicant does not propose
outdoor display of merchandise. The maximum number of clients anticipated at the site at
one time is ten. There are proposed to be three employees, of which two will be full time
employees.
REASONS FOR APPEAL
In the letter of appeal submitted on January 31, 2001 by the Historic Tennis Club
Neighborhood Organization,the following six reasons are identified as justification for the
appeal.
1. Amendment to the zoning ordinance without neighborhood notification and/or
involvement.
2. Inappropriate physical location due to proximity to residential neighborhoods.
3. Physical characteristics of the property associated with maintenance.
4. Noise Pollution.
5, Safety.
6. Vague provision regarding the number of motorcycles available for rent.
BACKGROUND:
During its meeting of November 1, 2000, the City Council voted to amend the Zoning
Ordinance so as to make provisions for Motorcycle Rental in the C-1 Zoning District subject
to the issuance of a Conditional Use Permit. In amending the Zoning Ordinance, the City
Council included wording stating that no fluid service orengine part removal or repair may
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Case 5.0852: Appeal
March 7, 2001
Page 2
be conducted on the premises,all activities including instructions and driver checkout must
be conducted on private propertywithin an approved parking area,and"in orderto address
potential noise concerns, all rental bikes will maintain the original exhaust systems approved
by the manufacturer and the state of California." The text amendment voted on November
1, 2000 went into effect on December 1, 2000.
In accordance with Section 9214.01.D of the Zoning Ordinance, those uses permitted by
Conditional Use Permit in the C-1 Zone, Section 9212.01 C, unless otherwise permitted or
prohibited, are permitted in the C-2 Zone subject to the issuance of a Conditional Use
Permit. Included as part of the November 1, 2000 text amendments was deletion of the
prohibition of Motorcycle Rental as a use in the 0-1 and the C-2 Zones.
PHYSICAL CHARACTERISTICS OF THE PROPERTY
The site is on the northeast corner of the intersection of Indian Canyon Drive and Ramon
Road, both major thoroughfares. The site was formerly used as a service station and has
been vacant fora number of years. The existing 1300 square foot building is one storywith
a height of 11 feet. Underground fuel tanks have been removed.
The site is accessed by a driveway on Ramon Road and two driveways on Indian Canyon
Drive. Staff recommends that the southern driveway on Indian Canyon be closed as its
proximity to the intersection creates an unsafe condition and the change of use eliminates
the necessity for multiple points of access.
Parking forthe site is shared with the drug store to the north and the laundromat to the east.
The Zoning Ordinance does not specify the number of on-site parking spaces required for
Motorcycle Rental. Utilizing the parking requirement forAutomobile Rental Agencies of one
space per 200 gross square feet of building area, seven parking spaces are required. Six
parking spaces located to the east of the building will be the most accessible to the building.
However, as part of the lease of this building,the applicant has the use of the remainder of
the parking areas. Staff has visited the site on numerous occasions and finds that the
existing parking area is underutilized and will provide ample parking for the proposed use.
The applicant is preparing to enter into a two year, eight month lease of the building. The
lease of the building is "as is." Proposed site improvements are limited to cleaning and
painting the existing building,resurfacing portions of the paved area infrontof the building,
lining the six parking spaces to the eastof the building,and installing new landscaping in the
existing planting areas. In granting the conditional use permit,the Planning Commission
established as a condition of approval that a detailed landscape plan and architectural plan
be submitted for review and approval by the Planning Commission and approved
improvements must be made and installed prior to establishment of the use.
The applicant proposes to clean and paint the existing building. Most of the building facade
consists of glass. Portions of the building that are currently painted green and the portion
of the building above the windows is proposed to be painted black. Above each black
painted area is proposed to be a two and a half inch orange stripe. The tan brick is
proposed to remain as is but to be cleaned.
The applicant proposes to install landscaping and irrigation in all existing planting areas.
These areas are primarily around the building,along the perimeter ofthe property,and in the
parking area. Landscaping improvements will complement the existing vegetation and are
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Appeal: 5.0852
March 7, 2001
Page 3
proposed to consist of cactus and palm trees. Per the Planning Commission approval, a
detailed landscape plan is required to be submitted forreviewand approval bythe Planning
Commission.
ANALYSIS
In accordance with Section 9212.01.D of the Zoning Ordinance, Motorcycle Rental is
permitted in the C1 zoning district subject to a conditional use permit. Section 9214.01.D
of the Zoning Ordinance states that those uses allowed in the C1 zoning district subject to
a conditional use permit are also allowed in the C2 zoning district subject to a conditional
use permit.
The subject property is designated CBD in the General Plan. Goal D.&Aofthe General Plan
states that the City shall establish"areas along Palm Canyon Drive and Indian Canyon Drive
between Alejo and Ramon Road as the principal activity center of and"downtown"to the City
by the intensification of commercial / entertainment-related uses and urban design
improvements to achieve economic, physical and visual unity." The proposed use will
improve the appearance of the subject property while providing a local attraction to visitors.
This is consistent with the General Plan. As the use is on the edge of the downtown, it is
in fairly close proximity to residents. There is concern that noise associated with the use
maybe disruptive to the residents. However,given the proposed hours of operation of9:00
AM-5:00 PM, there should be sufficient"background"noise during that portion of the day
that noise associated with the proposed use will not be disruptive.
The subject property is of adequate size and shape to accommodate the use. The applicant
proposes to occupy an existing building that is part of an underutilized shopping center.
Cosmetic improvements such a cleaning and painting the building, installing landscaping,
paving, and striping the parking area are proposed. No expansion of the building is
proposed.
The Agua Caliente Band of Cahuilla Indians planning staff has reviewed the application as
well as the Conditions of Approval associated with the Planning Commission approval. The
application was also reviewed by the Indian Planning Commission. Initially, without
knowledge of the short nature of the lease,the Indian Planning Commission recommended
that the following conditions be incorporated into the City's Conditions of Approval.
1. Landscaping to conform with the draft Section 14 Master Plan.
2. Gateway element design at the corner of Ramon Road and Indian Canyon per the
draft Section 14 Master Plan.
3. Removal of the monument sign at the corner of Ramon Road and Indian Canyon.
Given the short length of the lease,City staff recommended that the Planning Commission
NOT incorporated the three conditions recommended by the Tribal Planning Commission.
Now aware of the length of the lease, the Tribal planning staff has suggested that the
Conditions of Approval endorsed by Planning Commission be revised as noted below.
Final landscaping, irrigation,exterior lighting,and fencing plans shall be submitted
for approval by the Tribal Planninq Departmentand the Department of Planning and
Building prior to issuance of a building permit.
23. The Conditional Use Permit expires in three years from date the Conditional Use
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Appeal: 5.0852
March 7, 2001
Page 4
Permit is issued or when the sub-lease expires, whichever occurs first. A new
Conditional Use Permit must be obtained prior to renewal or extension of the
sublease or Master lease. If the lease is renewed,the Conditional Use Permit shall
expire when the renewed lease expires.
With respect to the Tribal staffs recommended wording for#7, City staff recommends the
following wording.
7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted
for approval by the Department of Planning and Building prior to issuance of a
building permit. Prior to approval of the final landscapinq plans,such plans shall be
referred to the Tribal Planninq staff for review and comment.
Staff does not object to the proposed revision to Condition Number 23,
ADJACENT USES & ZONING
Uses and zoning surrounding the use are as noted:
North: Retail / C2
South: Vacant Bank /C1
East: Women's Housing (Clara Bee's) / C1AA
West: Restaurant/ CBD
CEQA
Requests to use existing facilities are categorically exempt from an environmental
assessment per Section 15301 of the California Environmental Quality Act (CEQA).
The conditions to be imposed are deemed necessary to protect the public health,safety and
general welfare. Such conditions include:
PLANNING COMMISSION ACTION
The Planning Commission conducted a public hearing on this matter at its meetings of
December 13, 2000 and January 10,2001. At the request of the Planning Commission,the
request for a Conditional Use Permit was presented by staff to the Board of Main Street at
its meeting of January4, 2001. The Main Street Board did not support the application, but
indicated that it did not object to the proposal provided none of the neighboring businesses
objected to the proposal. Also at the request of the Planning Commission, a neighborhood
meeting was conducted on December 28, 2000. In the meeting with neighborhood
residents, the consensus was that the site is unacceptable due to (1) noise issues
particularly with nearby residences and hotels and mountain's impact on noise,(2)security,
and (3) itwas suggested that the applicant work with the Hotel Association or Tourism on
marketing.
During its meeting of January 24, 2001,the Planning Commission voted 4-2, 1 abstention,
to approve the Conditional Use Permit subject to a number of conditions. The conditions to
be imposed are deemed necessary to protect the public health,safety and general welfare.
Such conditions include.
1. Regulation of use.
In accordance with Section 9212.01.D of the Zoning Ordinance, no fluid
prA y
Appeal: 5,0852
March 7, 2001
Page 5
service or engine part removal or repair may be conducted on the premises,
all activities including instructions and driver checkout must be conducted on
private property within an approved parking area, and in order to address
potential noise concerns, all rental bikes will maintain the original exhaust
systems approved by the manufacturer and the state of California. Hoursof
operation for the proposed use shall also be limited to 9:00AM to 5:00 PM so
as to minimize noise impacts.
2. Surfacing of parking areas subject to City specifications.
Paving of the area in front of the building and re-striping the parking area is
proposed as part of this application. Both items must be completed prior to
occupancy of the building.
3. Regulations of points of vehicular ingress and egress.
To improve safety,the southern driveway on Indian Canyon must be closed
to the satisfaction of the City Engineer. Creative alternatives to driveway
removal should be considered.
4. Regulations of signs.
The applicant is currently proposing two signs, a wall sign and a monument
sign.
5. Requiring landscaping and maintenance therof.
Additional landscaping is required to be supplemented so that live plants are
in all plant beds. The applicant proposes to install additional cactus and palm
trees in the plant beds. The tree wells adjacent to Indian Canyon Drive shall
be landscaped. A detailed landscape plan is required to be submitted for
review and approval of the Planning Commission and such landscaping
installed prior to establishment of the use. Landscape maintenance is
required.
6. Requiring maintenance of the grounds.
The grounds are required to be maintained.
v
Dire o r of Planning and Build g
City Manager
ATTACHMENTS:
1. Letter of Appeal
2. Map
3. Planning Commission Conditions of Approval
4. Applicable Portion of the Minutes of the Planning Commission Meetings of
December 13, 2000, January 10, 2001 and January 24, 2001.
5. Correspondence Concerning the Request.
,INA S,
Council Minutes
03-07-01. Page 5
15. APPEAL — CUP 5.0852 — 490 S. INDIAN CANYON DR. — EAGLE
MOTORCYCLE
Recommendation: That the Council consider an appeal of the decision by the
Planning Commission to issue a Conditional Use Permit for a Motorcycle Rental
located at 490 South Indian Canyon Drive.
Mayor stated that the landowner was a client of his business and that due to the
Conflict of Interest, he would abstain.
Director of Planning & Building reviewed the staff report and added that the City
Council does have a range of actions; that the Planning Commission decision
can be upheld, overruled or modified; that the City Attorney and the Director of
Planning & Building can assist the City Council in whatever direction it chooses;
that the determining Resolution will be brought back to Council at its next
meeting on its Consent Agenda for final approval; that approval of the Planning
Commission decision would not allow any outdoor advertising or display of
merchandise; that the only outdoor activity would be the departure and arriving of
customers; that the appeal was filed by the Historic Tennis Club homeowners;
that one of the basis was that the Ordinance was amended without citizen
involvement; that the Ordinance was noticed for public hearing; that the
Ordinance was adopted by the Council; that Planning Commission approval was
further based on the requirement that the motorcycles be stock, and not modified
in any manner; that the property is now abandoned; that the previous use was a
gas station; that the activity for the proposed use would be less than in the past;
that the activity will normally be daytime; that the Tribal Council did have some
concerns that are addressed in the staff report; that Main Street was neutral on
the use; that the neighborhood meetings conducted did generate some concern;
that the concerns are addressed in the staff report; that the Planning
Commission did request some cosmetic changes to the building; that the use
does'need to be addressed before the project moves ahead; and reviewed the
visual plans located in the Chamber.
Mayor pro tem declared the hearing open.
The following persons spoke in favor of the location as proposed:
George Palomares, Palm Springs Police Officer for 16 years, stated that the
perception of bikers is misconstrued; that he has met with biker organizations
over the years and has found the bikers to be people who love freedom and
being on the road; that most of the events conducted by bikers are family events;
that there have been no problems with events promoted by and for bikers; that
most of the bikers are comprised of doctors and lawyers; that as professionals
they want to give back to the Community and participate in many charitable biker
type of events; and the rental shop should be supported and requested Council
support of same.
Darlene James, President of Women in Wind, stated that the organization is
international; that it is an organization of women who ride together and promote
Council Minutes
03-07-01, Page 6
a positive image of women riders; that the proposed location is supported by the
organization; that the location would be convenient for tourists to rent bikes; and
requested Council support of the issue.
Rohnda Bowen, 665 South Palm Canyon, stated that the City is at a height of
enjoying tourism and inviting visitors to experience Palm Springs; that this
business would add to the spending in the Community and requested support of
the issue.
Joe Bandura, expressed appreciation for the assistance already given by the
City Council and added that when the application process started one year ago,
it was not known where the issue would end up; that this business will deal with a
need of tourists to ride through the desert and experience the southwest; that the
tourist do not desire to ride around the downtown or in residential areas, but want
the experience of the open desert; that the issues of the location have moved
from noise to safety of the bikers and anything else that can be thought of; that
meetings have been held with the Historic Tennis area; that the noise issues
were addressed and that the bikes are no louder than the Police Department
bikes that are used in neighborhoods; that issues such as image are difficult to
address; that it is offensive for customers to be classified with questionable
characteristics; that many of the bikers are high end, upscale executives; that
comments that degrade people and place them in categories should not be
made and are simply not true; that the bikes are quiet; that the noise from a leaf
blower is louder and requested support of the issue.
Tom Richie, 143 Paseo de Marcus, resident for 15 years, expressed support of
the proposed location; and added that as an aerospace engineer one can not
wait to get home and ride the open spaces on a Harley; that it makes sense for
the rental to be located in an area downtown; that the building remodel will be
nice to look at; that the bikes generally rent for $150.00 per day; that the deposit
is normally $1,000; that with those fees it is not Hell's Angels that rent the bikes;
that the City has been built on being open, tolerant and accepting and requested
support of the issue.
David Moon, stated that the discussion regarding the issue is passionate; that
the matter when heard before the Planning Commission moved from noise, to
routes the bikers would take, needing an EIR done; that remarks that were made
were signs of bigotry; that one member of the audience was told that "his kind
was not wanted in Palm Springs"; that as the chief architect of a reputable
architectural firm there are many charitable biker activities the firm donates to;
that the Palm Springs Police Department supports the biker charitable runs and
that it is in the best interest of the citizens at large to support the issue.
Joseph Nacinovich, 200 S. Civic Drive, stated the rental location should be
endorsed; that Eagle Rider does have another location in San Diego which is a
direct resort port competitor for Palm Springs tourism; that business ventures
need to be supported by the City Council; and requested support of the issue.
Council Minutes
03-07-01, Page 7
Don Swedo, Eagle Rider, stated that there have been many valid comments; that
the noise of the bikes is equal to that of a household blender; that most bikers
want to ride in the expanse of the desert; that the riders must be licensed for
motorcycles; that the bikes cost approximately $20,000 and typically it is the
affluent that rent the bikes; that the deposit required will generally guarantee that
the bikes will not be misused; that the company does get involved in the
Community; that many benefits are supported; that there have been comments
of the stereotypes of bikers; that the stereotype is not true; that most are
corporate personnel; that the proposed location will provide a service to the
tourists; that the building will be fixed up and no longer be an eyesore to the
Community and requested support of the issue.
Alice Broich, Deepwell area, stated that the image of bikers is bad; that most of
the time a group of riders is referred to as a pack; that many bikers prefer to ride
together; that day trips are organized; that it seems that Palm Springs is
beginning to develop a group of elitists that is anti everything tourist; that many
bikers ride for charity events such as DARE or animal shelters; that the location
being proposed is a run down building; that there are two individuals proposing
to renovate the building for a business; that the Chamber would be in support of
adding another business to its roster; that when the previous business was open
it was a gas station, that repairs were done on site and that traffic was constant;
that the City is no longer a Village, but a City; and that people need to wake up
to reality, and requested Council support of the issue.
Ken Marchant, resident, stated that bikers are much like airplane folks, the bikes
are highly maintained and the people who own them are highly respectable; that
recently when speaking to a retired police officer the subject of bad boy bikers
came up and it was concluded that either those folks are in a nursing home, in
jail or dead; that good people ride bikes; that emission controls for motorcycles is
high; that it is commendable for Eagle Rider to want to renovate the proposed
site; that Palm Springs has come a long way in offering amenities to its tourists
and residents; and requested Council support of the issue.
Neal Jordan, stated support should be given to the Planning Commission
decision and added that the business has a right to the location; and requested
Council support of the issue.
Roberta Nadler, 212 E. El Molino Street, stated that for the past 15 years she
has worked with businesses; that the approval of this item will embrace what the
baby boomers are doing; that if this business is denied opening, where will
denials stop; that this matter is allowable under the Codes; that there must be a
threshold established; that to deny the issuance of permits would be like the
burning of books, in that it just doesn't make sense; that the City Council needs
to make a stand and support its businesses that drive the economy; and
requested Council support of the issue.
Mathew Tahlala, expressed support of Eagle Rider; and added that personally
he hates motorcycles, but that this is about business; that the downtown is for
business and needs to stick to businesses; that if the shop was wanted in Las
Council Minutes
03-07-01. Page 8
Palmas, it would be inappropriate; that this business is correctly zoned for the
area; that there is an alarming trend starting with projects that come before the
Council; that if the project is not perfect, or if someone objects, the Council
sends the project out of the Community; that the City Council is starting to send
a message for business to go elsewhere; that there was a direction that the City
Council was moving in; that the City Council needs to get back on that direction;
that the loud noises of complaints of a few should not distract the Council from
its mission; that telling proposed businesses to go elsewhere will not help the
Community; that there will be a price to pay for the rejections; that Palm Springs
needs to stick to its original plan and send a message that it is open for
business; and that if the business deviates from its Conditions of Approval the
license can be revoked.
Joy Meredith, President of Main Street, stated that Main Street did approve the
project; that the concern that was voiced was regarding noise, of which it has
been determined the mufflers can not be altered; that if references are being
made as not wanting "those people", all need to recognize that the City of Palm
Springs embraces all; that the acceptance of all is what the City is about; that the
approval is based on conditions; that if the conditions are not met, the permit can
be revoked; that the lease is for 10 years, and will clean up a shameful spot in
the community; and that Main street is ok with the issue.
Woman, stated that she works in the Alan Ladd Building; that development is
needed in the City; that the only concern is for noise impacts; that if there is a
problem with noise the permit can be revoked; and requested Council support of
the issue.
Pete Rode, Palm Springs Police Officer, stated that it would be a mistake to
deny the proposed business location; and requested Council support of the
issue.
Tom Rieveldt, Palm Springs Baptist Church Pastor, stated that the area of the
proposed site was visited; that there are no residential properties adjacent to the
business; that it would be a good location for the business and requested
Council support of the issue.
Marjorie Taft, Commercial Real Estate agent, stated that it is good to get a new
business in Palm Springs; that the City is progressive; that the downtown has
vitality; that this business will add vitality; that it is important to remember that
one must have a license to rent a bike and requested Council support of the
issue.
Rick Warner, stated that living in the downtown area is subject. to noise; that
when one moves to the downtown, noise should be expected; and requested
Council support of the issue.
The following persons spoke against the proposed location:
Council Minutes
03-07-01, Page 9
Terry Casella, 343 W. Baristo, stated that for the past seven years he has lived
in the Tennis Club area; that while noise can be tolerated, this is an inappropriate
use adjacent to a neighborhood; that even though all the bikers may be lawyers
and doctor, it does not mean they will act responsibly; that the business is not
wanted in the neighborhood and requested Council deny the use.
Leonard Colombo, 1248 San Lorenzo, stated that as a motorcycle owner he too
loves the freedom of being on an open road; but that this location being
proposed is not good; that the question is not whether one likes or dislikes
bikers, it is the proposed location for the facility; that at the last meeting of the
Tahquitz Neighborhood Organization, 42 homeowners of 84 were present for the
meeting; that 35 of the 42 were opposed to the proposed location; that the entire
area around the location is attempting to be rehabilitated and redeveloped; that
this business will not enhance the neighborhood and requested Council deny the
use.
Jane Smith, stated opposition to the Conditional Use Permit; and added that no
matter how esteemed the bikers are, no one can control where they will ride; that
the Council has received many letters opposed to the project; that all the letters
address noise and a breach of safety in neighborhood; and questioned why the
City should be further degraded; that the Village image needs to maintained; that
the Planning Commission decision was questioned and the meeting had to be
reheld and a revote taken; that the citizens have a right to a democratic process;
that loud motorcycles will not help the Community; and requested Council deny
the use.
Karol Markley, 1985 Camino Monte, concurred with Ms. Smith and added that
the City should look into other events and keep the pressure on for peace and
quiet.
Greg. Demetre, 343 W. Baristo, stated that there is concern of what is being
heard; that personally no negative comments have been made regarding riders;
that the opposition comes from the location; that one does not have to be rich to
own a motorcycle, but it must be a priority; that at the Planning Commission
meeting a lot of unrelated,issues were brought up during the hearing; that the
issue is the location; that it does not make sense to create a problem that will
have to be mitigated; that traffic will increase; and requested Council deny the
use.
Mike Martin, 535 Calle Santa Rosa, stated that the proposed location should not
be approved; that the noise that will be generated will disrupt the neighborhood;
and requested Council deny the use.
Logan Neel, Tennis Club resident, stated that this is not an issue of business or
the type of people that frequent the business, but an issue of location specifically
driven by noise generation; that the Council was given maps of the City's
neighborhoods; that the neighborhoods have spoken out against the location;
that the Planning Commission should have been proactive to help iddntify a
better location for the use; that a different location would be beneficial for all
Council Minutes
03-07-01, Page 10
concerned; that the Tennis Club homeowners are not in favor of the use due to
noise impacts; that the Tennis Club homeowners are not anti-business, but pro-
business, but does want to control where a business locates and requested
Council deny the use.
Philip Tedesco, 1303 Prima Vera, stated that it is not a sound decision to locate
a noisy business adjacent to residential properties; that the business should be
located somewhere else in the City; that the City is a Village, and that the
citizens want to keep the Village atmosphere.
Alissa Goforth, 175 S. Cahuilla, manager of Casa Cody, stated that the location
should be opposed; that the bikes that travel down Palm Canyon rev the engines
and disturb the clients of the hotel; and added that noise, not people are the
issue; and requested Council deny the use.
Sylvia Zlenys, Palm Springs business owner, stated that the value of having
business is understood; that there is nothing like a quiet neighborhood; that there
are concerns regarding noise; but that there is also concern with the number of
pedestrians in the Tennis Club neighborhood; that the current location of the
shop is perfect; that it is a central place to send the bikers to Joshua Tree; that if
in fact the bikers are so affluent a cab ride to the present location should not be
a hindrance; that Palm Springs is for business, but not this business in this
location; that the Council does need to be selective in its business locations and
requested Council deny the use.
Jeannette Knock, Tennis Club, stated that her residence is located 50 feet off
Ramon on Monte Vista; that many mornings she is awakened by motorcycles
pulling up to Ramon and Indian Canyon; that the City needs to uphold what the
residents have; that this is not a store, but something that will produce noise for
8 — 10 years; that Palm Springs is doing a good job in filling the vacant
storefronts downtown, but that this type of business should not be located in a
residential neighborhood; and requested Council deny the use.
Christine Hammond, applicant, requested the Planning Commission decision be
overturned; and added that the reasons for denial are in the packets the Council
received; that there have been a number of letters sent to the Council in
opposition; that the phone calls were made to other Cities questioning if a similar
use would be allowed in that City; that most of the Cities stated in the negative;
that in Palm Desert and La Quinta the use would be considered, but evaluated
on the same basis as a car dealership; that Palm Springs is a Village; that the
proposed business is currently located at 1-10 and Indian; that the majority of the
business comes from tourists; that the tourist can take cabs or the business
could provide limo service from the hotels to its current business location; that
the Palm Springs Police Department use of Harley's is different; that the City is
considerate of the wear and tear on its machines; that the Police Department
does not race the engines or do quick starts; that the machines have a 80
decibel level of noise; that it is a loud piece of equipment; and requested Council
deny the use.
Council Minutes
03-07-01, Page 11
Frazier Robertson, stated that as an owner of two hotels adjacent to the
proposed use, this is not agreeable; that the benefits of the business to the
Community are questionable; that the Bike Weekend is not good for the City;
that the individuals of Palm Springs do have rights; and requested Council deny
the use.
Dick Sroda, Palm Springs, stated that while he does not own a bike, he does not
object to those that do; that this vote is not to ban motorcycles, but the location
of a noisy business in a residential neighborhood and requested Council deny
the use.
Frank Tysen, stated that the Council is faced with a difficult decision; that the
City wants to be business friendly; that people come here for the Village
atmosphere; that the question is does the City need more noise or less noise;
that if the City wants to be friendly to hotels, it will discourage noise; that if a new
business is destructive to other businesses, that does not make the City anti-
business to deny the permits; that the Council should not make a mistake with its
actions, that the permit should be denied; that the City should wait until the right
use comes along for the proposed location and added that the City should not
forsake those who built this town.
Peter Dickerson, Tennis Area, stated that the use is inappropriate for the
neighborhood and requested Council deny the use.
There being no further appearances, the hearing was closed.
Councilmember Hodges stated that there have been many concerns raised; that
one of the goals of the City is to offer services to its tourists and residents alike;
that the concerns raised by the residents need to be examined and determined if
they are valid; that this is a very good business, but may be in very wrong
location; that the biggest complaint seems to be noise related; that it may be
best for the Council and residents to take a field trip to determine the actual
noise level, it may be that something could be worked out; that if common
ground can not be found, then another location could be looked at; that the
Commission could be worked with to determine something feasible; and that one
option would be to put a store front downtown and then shuttle the users to the
Indian Avenue location.
Councilmember Reller-Spurgin stated that when the Ordinance changing the
zone to allow motorcycle rental in this location under a CUP, she did abstain
from the issue due to massage issues being bundled in the Ordinance; that if
one reviews her voting history, the finding would be made of business friendly;
that part of the job of being a Councilmember is finding balance; that in this case
one must find balance between business and the neighborhoods; that in her own
situation, after work, she desires peace and quiet; that noise would be an issue;
that as a subcommittee on downtown noise issues, it is clear that there are
issues related to the noise being generated by downtown activities; that knowing
that noise is already an issue, how can one vote for something that would create
more noise; and that it may be that going on a field trip may answer the noise
Council Minutes
03-07-01, Page 12
issue that has been raised by the residents and added that she would be willing
to seek compromise.
Councilmember Jones stated that he was an ex-motorcycle rider that in listening
to the neighborhood groups and the residents it is clear that there is
overwhelming opposition to the granting of the Conditional Use Permit; that the
City needs to work together to find another location for the business, but this
business in this location can not be supported.
Mayor pro tem Oden questioned if the business was a legal one, and what was
the definition of a Conditional Use Permit.
Director of Planning & Building stated that the business would be legal in the
proposed location under a Conditional Use Permit.
Mayor pro tem Oden questioned the definition of a Conditional Use Permit on
behalf of the audience.
Director of Planning & Building stated that the Permit is discretionary; that there
may be a range of conditions to gain approval; that if compliance of the
conditions is not met, the Permit can be revoked.
Mayor pro tem Oden questioned if repairs and servicing of the motorcycles will
take place on the site and the number of projected weekend rentals
Director of Planning & Building stated that only rentals would be allowed; and
that it is estimated that an average of 8 — 10 rentals may occur; that it is possible
if a group reserved the bikes more could occur, but that the CUP prohibited the
storage of the bikes outside.
Mayor pro tem Oden questioned why the use of stock mufflers would make a
difference on noise impacts.
Director of Planning & Building stated that a-stock bike is what is delivered for
the dealer; that the stock'mufflers meet Federal Standards; that Eagle Rider only
has the bikes for a limited,time, after which they are returned to Harley Davidson;
that when one hears a loud bike, it has been modified from the original stock.
Mayor pro tem stated that there have been concerns with the location of the site
and the noise that would be generated; that when the antiques stores first
wanted to locate to North Palm Canyon, some residents protested with the
notion that the stores were selling junk; that the stores were allowed in, that they
have become a staple in the Community; that later a pet store wanted to locate
on Palm Canyon, again some residents protested that the use was not
appropriate for the downtown; that the store was allowed in and again has
become a staple and is doing well; that later a Pawn Shop wanted to locate
downtown, no one wanted that business downtown; that the business was
allowed in and has proven to be a good neighbor and once again a staple to the
area; that when one speaks of the "wrong location" it causes some thought; that
Council Minutes
03-07-01, Page 13
the City of Palm Springs is forward thinking and because of that the Community
is better; that this business is being proposed on a location that actually needs to
be abated; that when the residents say save it for a better use, no one else has
requested to locate there; that none have wanted to invest in the site; that those
that have stood by the Community in the past are to be commended; that the
matter could be postponed for a field trip, but that postponement will cause
confusion; that the CUP if for a limited time period; that the City is striving to
retain and expand businesses; that we do have noise downtown; that the noise
means that the downtown is vital and alive and no longer dead; that the Council
has endeavored to retivilize the downtown; and that based on the need and the
legality, a motion is made to approve the CUP.
Motion died due to a lack of second.
Councilmember Reller-Spurgin moved to uphold the appeal.
Councilmember Hodges questioned if any were in favor of the field trip to
determine the noise level of the motorcycles.
City Attorney stated that there is not a resolution currently in front of the Council
for approval; but that staff could prepare a resolution without prejudice, to allow
the fees to be applied to another location and present the item to the Council at
its next meeting.
Councilmember Hodges stated that the Council should be more open minded;
that due to the location she will not vote for the use; that the Community is
voicing too much opposition against the site and added that it is hoped Eagle
Rider will work with the City to find an alternative location.
Motion directing staff to prepare a resolution with findings overruling the Planning
Commission decision to its next meeting of March 21, 2001 was presented; after
which, it was moved by Reller-Spurgin, seconded by Jones, and carried by the
following vote that the motion be carried.
AYES: Hodges, Jones and Reller-Spurgin
NO: Oden
ABSTAIN: Kleindienst.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
Mayor stated that the Council is invited to participate in the cutting of 22 birthday
cakes in honor of Villagefest on March 8, 2001.
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
April 4, 2001
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, April 4, 2001, at 5:30 p.m., at which time, the City Attorney announced items
to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open
session.
ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Rabbi Ofsyer-
Temple Isaiah.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on March 30, 2001.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: PSHS Student Body Report
Police Department Commendation-Detective Walter Combs.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for
the purpose of convening as the Community Redevelopment Agency; after which,
members reconvened as the City Council.
PUBLIC COMMENTS: (Note: See Public Hearing Items for comments concerning
those matters)
a) Comments concerning item 5:
Jim Miller, 442 E. Club Dr, stated that the item was not appropriate nor a good
idea; that the City should continue to work towards promoting a "village type"
atmosphere; that the downtown is wonderful to stroll, shop and dine in the
outdoor restaurants; that the City does need to continue to be business friendly,
but that this particular business is not needed in this area.
Steven Sims, 255 N. El Cielo #142, stated that pending legislation before the
Senate would establish safe routes for children to ride their bikes to school; and
that item 5 should not be misinterpreted; that the Council is not being asked to
issue a business permit; that the issue is noise in the downtown; that at the
sound demonstration the bikes that were running are not the ones that are
causing the noise problems downtown; that by allowing the business, at that
location, its retail shop will attract the noisy bike riders; that it is those people who
Council Minutes
04-04-01, Page 2
come into town with unregulated motorcycles that cause the noise; that where
the business is presently located is the best place for it to be, and requested
Council not support the conditional use permit.
Ward Higgins, 576 Calle Ajo, stated that his residence is in the middle of the
block where the proposed motorcycle shop is to be located; that when attending
the demonstration it was clear that once the motorcycle crossed the street the
noise could no longer be heard; that the pervious use was a gas station; that cars
were repaired on the site and was a noisy business; that the proposed business
would be regulated by a conditional use permit, and that if it did not meet the
conditions the business could be closed; and requested Council support the
approval of the conditional use permit.
James Jess, 572 W. Arenas Road, stated that downtown Palm Springs is not the
ideal place to ride motorcycles; that there are other places that are appropriate
for the business to be located; that this rental agency will not help the business
community; that it is important for the Council to consider the quality of life for its
residents and requested Council not support the conditional use permit.
Philip Tedesco, 1303 Prima Vera, stated that he is personally against the
motorcycle rental location; and that the Biltmore Hotel needs abatement; that the
new owner had appeared before the Council to request additional time to
renovate the building; that since that request the building is now covered with
graffiti; and that the Council needs to take action.
Tom Richie, Deep Well, stated that support should be given to the proposed
location of Eagle Rider; that while attending the demonstration it was clear the
closure should have been placed on the noise issue; that the complaints raised
regarding noise are not warranted; that there were louder noises from the
residents present at the demonstration than the revving of the motorcycles; that
the Planning Commission did approve the location; that the Planning
Commission did feel that the location would enhance and improve surrounding
businesses; that there was a gas station previously on the site; that the bikes that
will be rented will be just like the bikes that were demonstrated and repairs would
not be allowed; and that the real issue of those against the rental is one of fear of
what type of element would be present; and requested Council support of the
conditional use permit.
Selena Tracer, no address given, stated that there is a motorcycle owner located
in her neighborhood; that each morning at 6 a.m., the bike starts up; that the
owner does not have a soft touch like those that participated in the
demonstration; that it is outrageous to try to enjoy dining outdoors downtown
when a group of the bikes come by; that the roar is intrusive; and that the rental
will bring even more bikers to town and added that while one weekend of the
town being full of bikers is tolerable, every day is not.
Alice Broich, 1130 Manzanita, stated that the demonstration did prove that noise
is not the issue; that the bikes being rented will be stock bikes; that the bikes that
are emitting loud noises are the modified bikes; that denying the conditional use
permit will not affect the noise that is being created downtown; that the custom
Council Minutes
04-04-01, Page 3
bikes have a right to be on the road and will continue to be on the road; that there
is a precedence being set by a number of people who constantly appear before
the Council and complain; that these people do not approve of anything; and that
it does not matter what the issue is, these same people will continue to be in the
face of the Council and complaining.
Don Swedoll, Eagle Rider, stated that the demonstration did prove beyond a
shadow of a doubt that the bikes are not noisy; that there is no safety problem;
that the bikes that are disturbing the residents are the custom bikes; that the bike
rental is just a small business trying to provide something to the Community; that
in April a new store will be opening in San Diego; that the residents of Palm
Springs are invited to attend the opening and see first hand what the rental
business is all about; that the rental is conducted on a first class basis; and
requested that the Council keep an open mind when considering the conditional
use permit.
Sam Pisheau, 600 Linda Vista, stated that while not against motorcycles, it is
hard to explain what the residents are going through with noise pollution; that
Palm Springs is a wonderful place to live, but it is starting to be spoiled by noise;
that another possible location for the business would be next to Gold's Gym on
Ramon Road; that the City has been trying to control the noise issue; and to
approve this permit would be taking a step back in that control.
Frank Tysen, no address given, stated that at the demonstration he was invited
to try the motorcycle; that the gas was turned all the way up; and that ever since
he has been harassed by a principle of the motorcycle rental business; that the
Police had to step in to avoid a problem; that he has been threatened with bodily
harm; that Palm Springs is to be known for its tranquility; that noise is becoming
a problem; that the City needs to start enforcing its laws regarding noise, whether
the noise is from motorcycles, boom boxes or airplanes; that the City needs to
deal with the noise issues; and that a broad view of all the issues needs to be
taken.
Logan Need, 324 S. Monte Vista, read a prepared statement, copy on file in
Office of the City Clerk, and stated that the Council needs to support the Office of
Neighborhood Involvement; that it does want to participate in forming the vision
of Palm Springs and determine zoning and general plan issues; that the Office
should be recognized, financially supported and empowered; and that the Office
would bring issues to the public and the determination of those issues could then
be funneled to Council.
APPROVAL OF CONSENT AGENDA: Items 1 thru 6, except 2 and 5.
City Manager withdrew Item 2.
It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items
1 thru 6, excluding items 2 and 5, and the Minutes of March 14 and 21,. 2001, be
adopted.
Council Minutes
04-04-01, Page 4
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
Approval of Minutes of March 14 & 21, 2001.
1. MO 6833 approving a Settlement Agreement & General Release of all claims, on
file in the Office of the City Clerk, with Collas Enterprises, Inc., for differences
arising out of the lease of the Palm Springs Tennis Center A4200; or MO -----
directing City Attorney to commence proceedings. A4356.
2. MO ----- authorizing the purchase of a 1.250 kW emergency standby generator
for the airport terminal facility CP00-33, AIP3-06-0181-26. Item withdrawn.
3. MO 6834 approving an agreement with RGA Landscape Architects, Inc., for
landscape architectural design services for Gene Autry Trail and Ramon Road
median landscaping for$84,300. CP00-01, A4357.
4. Res 20015 with findings, overruling the Planning Commission decision regarding
the Desert Shadows walkway bridge concept.
5. SEE EXTENDED CONSENT AGENDA
6. Res 20016 and 20017 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 962946 Spurgin Spouse
Hodges 962753 DWA Client of Employer
962754 DWA
962755 DWA
962785 Chris Foster
962798 Granite Constr.
962843 Lifetime Plumbing
EXTENDED CONSENT AGENDA:
5. APPEAL OF CONDITIONAL USE PERMIT— EAGLE RIDER MOTORCYCLE
Director of Planning & Building reviewed the history of the Conditional Use
Permit status; and added that a demonstration was held inviting concerned
parties to hear and view the motorcycles in the proposed location; that the
Council does have the option of upholding, overruling or modifying the Planning
Commission decision; and that the Resolution before the Council is in response
to direction of Council at its last meeting to prepare a Resolution, without
prejudice, overruling the Planning Commission decision.
Mayor stated at the initial meeting he did have to abstain; that the time limit set
by the Fair Political Practice Commission did pass at the last meeting; and that
the conflict previously indicated with Mr. Pitts is no longer an issue.
Council Minutes
04-04-01, Page 5
Councilmember Oden stated that in the initial discussion a field trip was
proposed; that he did oppose the field trip based on the people being polarized in
opposition; that at the demonstration none were disrespectful; that it was a good
experience; and questioned City Attorney on the basis of denial in light of the
existing noise ordinance.
City Attorney stated that the Noise Ordinance is in place for citations of
violations; that while it could be considered as a factor or finding in the possible
denial of a use the Council would need to determine the business to be a
nuisance; and that typically the Council would proceed to find ways to mitigate
the noise.
Councilmember Oden questioned if mitigation could be a part of the conditions of
approval.
City Attorney stated that the mitigation condition could be included in the permit;
and that if the conditions were not met, the permit revoked.
Councilmember Oden stated that while he personally does not particularly like
motorcycles, there should be a concern of denying the use based on the legality
of the issue; that there have been issues in the past that have come before the
Council where discrimination factors were indicated; that the Council has
addressed those types of issues; that to be discriminated against is painful; that
in this case, there is a business that has a legal right to the proposed location;
that if the business does not comply with all the conditions imposed by the
Council the permit can be revoked; that the property is in a dilapidated state; that
no one has come forward to try to renovate the property, and now that someone
has, the Council seems to be looking for reasons to deny the use; that the
Council must maintain a business friendly environment; that the image being
presented on who we are is that the residents are against everything; and
questioned the role of the Office of Neighborhood Involvement.
City Manager stated that each City tailors this type of Office to its own needs;
that the Office is established to be a way of communication; that the City
determines the level of what is needed to be disseminated, and that the Office
also communicated its issues to the Council; that as meetings are held the Office
will evolve in its communication efforts.
Councilmember Oden questioned if the Office is being established to be an
advisory body, like the Boards and Commissions; and added that it is beginning
to sound like the concept of the Office is to recommend direction and that the
Council is to follow the direction given; that the Council is elected by the entire
Community to represent the entire Community; that while sympathy is given to
those that live next to modified motorcycles, in this case, these are stock bikes
and that approval should be given to the use.
Councilmember Hodges expressed appreciation to those that attended the
demonstration; that there were a lot of comments given; that the concept was
discussed with an open mind; that the conclusion is that the use is not
Council Minutes
04-04-01, Page 6
appropriate for the location; that staff should.assist in determining an alternative
location; but that in this particular location the permit should be denied.
Councilmember Jones stated that this issue has received more comments than
any other that has come before the Council; that it is clear that the residents do
not approve of this use; that as an elected one, he is here to represent the
constituents; and with that the permit should be denied.
Councilmember Reller-Spurgin stated that her opinion is unchanged since the
last meeting; that being a Councilmember is sometimes difficult; that with a vote
there is always someone angry; that everyone can not be happy when something
is not granted; that each Councilmember must listen, ready and ask questions;
that after all input is received a decision must be rendered; that in this case the
demonstration was voted in as a compromise to determine if the noise problems
could be mitigated; and that after all has been considered, the permit should be
denied.
Mayor question if a zoning amendment was passed by the Council to allow the
use in this location.
Director of Planning & Building stated that the amendment was crafted in
response to Eagle Rider.
Mayor questioned the considerations of the approval.
Director of Planning & Building stated that the area was designed as C-2 zone
from Alejo to Ramon on the east side of Indian Canyon; and that the use of a
motorcycle rental would be permissible with a conditional use permit.
Mayor stated that when the modification was given to the zoning map,
consideration was given to the location, and the display of merchandise; that
Council was comfortable with the issues; that in the debate before the Council at
this time, the matter of a viable site should be addressed; that this is an
appropriate corner for the use; that the corner used to be a gas station with
automobile repairs conducted; that the demonstration was given to determine the
nature of volume of the use of the motorcycles; that compared to the police
department motorcycles there is no difference; that the City has never received a
call regarding the noise of the police motorcycles; that the equipment that will be
rented is not permitted to be modified; that comments have been expressed with
the type of element that the business may draw; that a "bad element" drives in all
sorts of vehicles, and not necessarily motorcycles; that the matter has been an
emotional one for the Community; that in attending the demonstration and
listening, personally, there can be no determination that the location would be a
detriment to the Community; that the Council did design an Ordinance for the use
in this location; that it is questionable where another site would be better; and
that if the Council does disapprove the permit, the Ordinance should be
dismantled and staff directed to analysize other locations.
Director of Planning & Building stated that the C-2 zone does permit the use; that
there are other areas in the City that are zoned C-2; that typically an applicant
Council Minutes
04-04-01, Page 7
chooses the location where they want to locate their business; and that the
Planning Commission could be directed to study specific areas in town, if
desired.
Councilmember Reller-Spurgin clarified that when the zoning amendment came
before the Council she did abstain due to the massage section, and a possible
conflict of interest.
Resolution 20018 overruling, without prejudice, a Planning Commission decision
to issue a Conditional Use Permit for a motorcycle rental, located at 490 South
Indian Canyon Drive, C-2 zone was presented; after which, it was moved by
Reller-Spurgin, seconded by Jones and carried by the following vote that R20018
be adopted.
AYES: Hodges, Jones and Reller-Spurgin
NO: Oden and Kleindienst.
PUBLIC HEARINGS:
7. RIGHT-OF-WAY VACATION — LINDA VISTA DRIVE
Recommendation: That the Council vacate and abandon all Right, Title and
Interest in a portion of the right-of-way dedicated for the public street named
Linda Vista Drive, Section 15, T4S, R4E. R-00-054.
Associate City Engineer reviewed the staff report.
City Attorney clarified that conveyances of property would be necessary before
the Resolution is recorded with the County.
Mayor declared the hearing open. (Note: Comment was actually given during
Public Comment portion of the meeting, but is listed here for reading purposes)
Donald Prell, 777 La Mirada, submitted photographs of the site, copy on file in
Office of the City Clerk, and added that trucks have been dumping rocks all over
the cul de sac; that complaints have been filed with the Director of Planning and
Building, but no action has been taken; that two weeks ago a Notice to Vacate
was posted; that the violations that have occurred are not being rewarded with
the vacation; and that the homeowner that did the violations should be required
to clean up the City's property.
Robert Long, 690 Linda Vista, stated that he is the person that placed the fill on
the cul de sac; that working with the City's Engineering Department it was
determined that the placement of the fill would be OK temporarily; that the
purpose of the vacation is to allow easier access for emergency vehicles; that the
area is now being used as a hiking trail; that once the vacation takes place a
home will be built in the location; that the three adjacent property owners are
willing for the vacation and added that the improvements will be at no cost to the
City; and that the process of vacation was worked through all the City
departments and the Fire Chief.
m � �
a os
a�
August 7, 2001
Mayor Will Kliendienst & City Council Members
Palm Springs City Council
P O Box 2743
Palm Springs CA 92262
RE: Tribal Land Use Appeal No. 23
Conditional Use Permit Case No. 0852
DeaF Mayor Kliendienst & City Council Iviembers:
The Tribal Council of the Agua Caliente Band of Cahuilla Indians
extensively reviewed the appeal of the final decision by the City
Council of the City of Palm Springs which overruled the City Planning
Commission and denied the Conditional Use Permit for a motorcycle
rental facility. The Tribal Council by Tribal Resolution No. 50-01
(attached) denies this appeal.
The Tribal Council did not feel the proposed Conditional Use Permit is
the highest and best use for the subject allotted Trust parcel.
Additionally, significant concerns were raised regarding the noise and
traffic generated by said use.
Yours ruly
Richard M. Milanovich
Chairman, Tribal Council
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
RMM:jas
TC-5227-08-01
Enclosure
C: Art Bunce, Esq.
Thomas J. Davis, Tribal Planning Director
600 EAST TAHQUITZ CANYON WAY m PALM SPRINGS, CALIFORNIA 92269 - TEL (760) 325-3400 FAX (760) 325-0593
" Resolution No. 50-01
WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Tribe") is a federally-
recognized Indian Tribe governing itself according to a Constitution and By-Laws and
exercising sovereign authority over the lands of the Agua Caliente Indian
Reservation; and
WHEREAS, the Tribe has adopted Tribal Ordinance No. 5, the Tribal Land Use
Appeal Ordinance; and
WHEREAS, the Tribal Land Use Appeal Ordinance provides for the consideration of
land use appeals by a party who is aggrieved by a final decision of a Tribal Land Use
agent which affects the planning, zoning, development, or use of allotted Trust land
within the exterior boundaries of the Agua Caliente Indian Reservation; and
WHEREAS, the City of Palm Springs is a Land Use Agent of the Tribe; and
WHEREAS, the City Council of the City of Palm Springs, on April 4, 2001, adopted
Resolution 20018 overruling the City Planning Commission approval of Conditional
Use Permit, Case No. 0852 located at 490 South Indian Canyon Drive, an allotted
Trust parcel owned by individual members of the Tribe; and
WHEREAS, Mr. Don Swedo of Eagle Rider Motorcycles, in accordance with Tribal
Ordinance No. 5, appealed the final decision of the City Council overruling the City
Planning Commission and denying the Conditional Use Permit; and
WHEREAS, the Tribal Council held a joint public hearing with the City Council of the
City of Palm Springs on July 12, 2001, for the purpose of hearing the appellant,
general public, and others regarding the appeal.
NOW THEREFORE BE IT RESOLVED that the Tribal Council of the Agua Caliente
Band of Cahuilla Indians hereby denies Land Use Appeal No. 23, based on the
findings that the proposed motorcycle rental is not the highest and best use of the
allotted Trust parcel and there are significant concerns regarding noise and traffic
resulting from the proposed use.
Dated: August 7, 200
U .�, . J w�
Richard M. Milanovich, Chairman
CERTIFICATION
I, the undersigned, the Secretary of the Agua Caliente Band of Cahuilla
Indians, hereby certify that the Tribal Council is composed of five members of
whom 3, constituting a quorum, were present at a meeting whereof, duly
called, and noticed, convened and held this 7th day of August, 2001 and that
the foregoing resolution was duly adopted at such meeting by the affirmative
vote of 3-0-0, Members and that said resolution has not been rescinded or
amended in anyway.
J nnette Prieto-Dodd, Acting, Secretary-Treasurer
600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALIFORNIA 92262 • TCL (760) 325-3400 • FAH (760) 325-0593
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MEMORANDUM Hand Delivered
DATE: July 11, 2001
TO: Doug Evans
Director of Building and Planning
City of Palm Springs
FROM: Thomas J. Davis, AICP
Tribal Planning Director
AGUA CALIENTE BAND OF CAHUILLA INDIANS
RE: Tribal Land Use Appeal No. 23
Please find attached the staff analysis and Indian Planning Commission
recommendation regarding the Land Use Appeal, to be heard by the Tribal
Council and City Council on July 12, 2001. This is provided for your information
and use.
TJD/cy
Attachments
E:\MEMOS-TJD\071101-Memorandum-Doug Evans Re L.U.Appeal No.23.doc
600 CAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALFfORNIA 92262 • TCL (760) 325-3AOO • FAA (760) 395-0593
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MEMORANDUM
DATE: June 27, 2001
TO: Tribal Council and Proxys
FROM: Tom Davis, \�
RE: Tribal Land Use Appeal No. 23 — Eagle Rider
Case No. 0852
This is a land use appeal under the provisions of Tribal Ordinance No. 5,
Amendment No. 1, the Land Use Appeal Ordinance. The appellant is requesting
Tribal Council reverse the action taken by the City Council on April 4, 2001. The
City Council (three votes to two) upheld an appeal by the Historic Tennis Club
Community and overturned the action of the City Planning Commission, which
approved Conditional Use Permit No. 0853. The Appellant claims that the City
Council action is speculative and without foundation of fact.
Backqround
Mr. Don Swedo of Eagle Rider Motorcycle approached the City of Palm Springs
to operate out of 490 S. Indian Canyon Drive. He was advised that the existing
zoning on the property did not permit motorcycle rentals. In order for
motorcycles to be rented from that location a zoning ordinance text amendment
would be needed. Therefore, the City initiated the amendment to the Zoning
Code. The time frame is as follows:
8/23/00 Public Hearing by Palm Springs Planning Commission to
review zoning ordinance text amendment to permit a
motorcycle rental establishment to operate in C-1 Zone
with a CUP. Recommended approval to City Council
Vote—Ayes: 6 (Shoenberger/Jurasky)
No: 0
Absent: 1
600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALIFORNIA 92262 • TEL (760) 325-3400 • FAX (760) 325-0593
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9/20/00 Palm Springs City Council reviews proposed Ordinance and
Continues to October 4, 2000. Approves action for first reading.
Vote — Unanimously carried
10/4/00 Palm Springs City Council introduces and takes first reading
Vote—Ayes: Hodges, Oden and Kleindienst
No: Jones
Abstain: Reller-Spurgin
10/18/00 Palm Springs City Council second reading and adoption
11/1/00 Palm Springs City Council adopts Ordinance 1590 allowing
motorcycle rentals from a C-1 zone with a Conditional Use Permit
Vote —Ayes: Hodges, Oden, Kleindienst
No: Jones
Abstain: Reller-Spurgin
1113/00 Mr. Swedo files his application for a Conditional Use Permit
(CUP) to operate out of 490 South Palm Canyon Drive.
12/13/00 Palm Springs Planning Commission reviews CUP and continues
the item to January 10, 2001
1/10/01 Palm Springs Planning Commission considers further testimony on
the CUP and continues to January 24, 2001
1/24/01 Palm Springs Planning Commission approves CUP 0852
Vote - Ayes: Mills, Jurasky, Rayas and Shoenberger
No: Matthews and Cafferty
1 Abstention
1/31/01 The Historic Tennis Club District files an appeal on the decision
by the Palm Springs Planning Commission approving CUP 0852
3/7/01 City Council holds public hearing on the appeal filed by The Historic
Tennis Club District. City requests that a field noise test be
conducted on site; test scheduled for March 27, 2001
600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS, CAFORNIA 92262 • TEL (760) 325-3400 9 FAA (760) 325-0593
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3/27/01 Mr. Don Swedo conducts noise test with motorcycles at 490 S.
Palm Canyon Drive. Project is scheduled for City Council on
4/4/2001
4/4/01 Palm Springs City Council adopts Resolution 20018 upholding the
appeal from the Historic Tennis Club Community (CUP 0852
denied without prejudice).
Vote -Ayes: Hodges, Jones and Reller-Spurgin
No: Oden and Kleindienst
While the Ordinance text amendment and the Conditional Use Permit application
were being processed the project generated about 78 letters. Approximately
20% of the letters were in favor of the project and approximately 80% were
against.
According to Resolution 20018, a copy of which is attached, the reason for denial
was due to noise impacts associated with the use, safety impacts and the fact
that the project location is within 300 feet to both the Historic Tennis Club and the
Vista Santa Rosa residential neighborhoods.
Staff Analysis
The Indian Planning Commission (IPC) first reviewed CUP Case No. 0852 on
January 8, 2001. The Commission discussed the project with regard to
ownership, improvements to the building and landscaping of the site, with special
attention to the existing corner landscaping. The draft Section 14 Master Plan
identifies this location as a gateway entrance to Section 14 and requires special
landscape provisions (a cluster of native stones worked in a group of 2 to 3 tall
palm trees).
After discussion of above issues the Commission voted to recommend approval
to Tribal Council subject to three conditions of approval, they are as follows:
1. Prior to the issuance of a Certificate of Occupancy the applicant shall
submit a landscaping plan delineating how he plans to meet draft Section
14 design criteria
2. The landscaping plan shall be submitted to and reviewed by the Indian
Planning Commission for a recommendation to the Tribal Council
3. The applicant and/or property owner shall complete all landscape work
and draft Section 14 Gateway Concept Plan, prior to issuance of
Certificate of Occupancy
600 CAST TAHQUITZ CANYON WAY • PALM SPRINGS. CALIFORNIA 92262 • TCL (760) 325-3400 • FAX (760) 325-0593
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The above information was forwarded to the Palm Springs Planning Commission.
The Palm Springs Planning staff, given the short length of the lease,
recommended that the Planning Commission not incorporate the three conditions
recommended by the IPC.
According to City Planning Commission Minutes, the following was reported by
City Planner, Hope Sullivan, at the City Planning Commission meeting of January
24, 2001:
"The Agua Caliente Band of Cahuilla Indians have submitted
recommended additional Conditions of Approval; however, staff
does not feel, due to the short term of the subject lease, that it
would be appropriate to impose them on the applicant at this time.
Those proposed conditions include (prior to receiving a Certificate
of Occupancy) meeting Section 14 development criteria (including
landscaping), review of landscaping plan by Indian Planning
Commission, and removal of existing monument sign. She also
reported that, as a result of the January 10, 2001 public hearing,
Condition of Approval No. 22 has been added which addressed
landscape and architectural plans. She explained that the applicant
has a lease of two years and eight months and that the land is on
a lease with approximately eight remaining years from the Tribe."
The IPC again reviewed the CUP on February 26, 2001. The IPC discussed the
time limit on the sub and master lease. At this time new conditions prepared by
Tom Davis were sent to Doug Evans, Director of Building and Planning, as
follows:
1. Condition No. 7 to be revised to state that — "Final-landscaping, irrigation,
exterior lighting and fencing plans shall be submitted for approval to the
Tribal Planninq Department and the Department of Planning and Building.
2. Condition No. 23 to be revised to state — "That the Conditional Use Permit
expires in three years from the date the Conditional Use Permit is issued
or when the sub-lease expires, whichever occurs first. A new Conditional
Use Permit must be obtained prior to renewal or extension of the sublease
of Master Lease.
Mr. Evans made this information available as part of his Staff Report to City
Council on March 7, 2001, with the following changes:
600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS. CALIFORNIA 92262 • TEL (760) 325-3400 • FAY (760) 325-0593
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cgHU "With respect to the Tribal Staff's recommended wording for #7, City staff
recommends the following wording.
• Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning and Building prior to
issuance of a building permit. Prior to approval of the final landscapinq
plans, such plans shall be referred to the Tribal Planninq staff for review
and comment."
City staff did not object to the proposed revision to Condition No. 23. However,
all Conditions of Approval are moot since City Council upheld the appeal and
denied the CUP.
Tribal Planning staff visited Mr. Swedo at 19345 N. Indian Avenue on June 7,
2001. Mr. Swedo stated that he plans to operate his business every day from 9
to 6 p.m. His plans are to rent at least 10 motorcycles a day.
Mr. Swedo also started three different motorcycles to test the loudness. In staffs
opinion they were not unusually loud. According to Mr. Swedo, excessive noise
from motorcycles is generated when the standard muffler system that comes with
the motorcycle is removed and replaced with a custom package. Mr. Swedo's
arrangement with Harley-Davidson is that the standard muffler system is not to
be removed.
In reviewing the March 7, 2001 Minutes, staff found that the majority of concerns
deal with noise, and the fear of motorcycles cruising residential neighborhoods.
It seems very unlikely that a customer would spend $155.00 a day with a
$1,000.00 deposit and ride around Palm Springs neighborhoods. Staff has
prepared a map that shows the location of the Vista Santa Rosa residential
neighborhood, The Historic Tennis Club neighborhood, and the location of 490
Indian Canyon, the property in question.
Indian Canyon, which carries 13,991 vehicles per day, and Ramon Road which
carries 14,312 vehicles daily, are adjacent to the Vista Santa Rosa
neighborhood, which is already impacted by vehicle noise. Palm Canyon Drive,
which runs north/south and borders The Historic Tennis Club neighborhood
carries 13,978 vehicles per day and that neighborhood is already impacted by
vehicle noise. The intersection of Ramon Road and Indian Canyon, which
handles 26,049 vehicles traveling in all direction, now impacts both residential
districts with vehicle noise. A noise level of 70 to 80 dba now impacts Palm
Canyon Drive, Indian Canyon Drive and Ramon Road. In addition, the project is
located in a commercial zone in the downtown area. It is our opinion that the
rental of 10 motorcycles will not increase the noise level of the area.
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In the past, the site was used as a service station. If it were to be re-used as a
service station At would generate 168 vehicles (Transportation Uniform Mitigation
Formula) a day in activity. The rental of 10 motorcycles a day is far less activity.
As for the concern of amateur riders, the State of California now requires
motorcycles riders to pass a written exam and field test before they have a
license to ride a motorcycle.
Tribal Planning staff has reviewed the City Planning staff analysis and
subsequent Planning Commission action and agrees with the City Planning staff
and City Planning Commission findings, which recommends approval of the
CUP.
Staff also recommended, at their meeting of June 11, 2001, the IPC consider the
landscaping of the corner and discuss the noise level of the area.
Recommendation
The Indian Planning Commission recommends to the Tribal Council that they
uphold the appeal of Mr. Don Swedo based on the following findings:
1. The rental of motorcycles will not increase the noise level that is now on
site.
2. The rental of motorcycles will not increase the noise level that now
impacts the residential neighborhoods of Vista Santa Rosa and The
Historic Tennis Club
3. The re-use of this facility as a motorcycle rental facility would generate
less activity than a service station.
The Indian Planning Commission further recommends that Tribal Council uphold
the appeal and approve Conditional Use Permit, Case No. 0852, subject to the
following additional conditions:
1. Comply with Palm Springs Planning Conditions of Approval dated January
24, 2001.
2. Prior to issuance of a building permit the applicant shall submit and obtain
approval of a landscaping plan delineating compliance with draft Section
14 Master Plan design criteria. The landscaping plan shall be submitted
and reviewed by the Indian Planning Commission for recommendation
and approval by the Tribal Council.
600 EAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALIFORNIA 92262 • TEL (760) 395-3400 0 FAX (760) 325-0593
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3. The applicant and/or property owner shall complete all landscape work in
compliance with the draft Section 14 Master Plan, Gateway Concept Plan
as approved by the Tribal Council, prior to issuance of a Certificate of
Occupancy.
Action
This constitutes the "Final Report" as stipulated by the Tribal Land Use Appeal
Ordinance. If the Tribal Council feels that the report is complete and there is no
further study to be done, a joint public hearing with the City Council of the City of
Palm Springs shall be scheduled.
TJ D/cy
C: Art Bunce, Esq.
E:%MEMOS-TJD\062601-Memorandum to TC Re Land Use Appeal No.23.doc
600 EASE TAHQUITZ CANYON WAY • PALM SPRINGS, CALIFORNIA 92262 • TCL (760) 325-3400 • FAX (760) 325-0593
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July 9 , 2001
JUL
Agua Caliente Indian Tribal Council
600 East Tahquitz Canyon Way
Palm Springs , Ca. 92262
Mr. Richard Milanovich
Re : Eagle Rider Motorcycle
Rental Shop at Indian & Ramon
I was recently informed about the new business that is
being considered to start operating.
I have lived in Palm Springs for many years and also
have rental properties in various areas of Palm Springs .
We have always enjoyed the peace and tranquility sur-
rounding Palm Springs but now with this new business
of motorcycle rental, I can just imagine all the noise
and hubbub that comes with it.
I have nothing against motorcycles as my son occasionally
rides one but the site that has been chosen would not
be to our advantage. We are retired people and would
like to enjoy the remainder of our lives surrounded by
the beauty , peace and quiet that we now enjoy .
This letter is just to voice my objection for this new
venture. I 'm sure there are many other sites around.
Thank you.
Sincerely,
Deena E . Brand
451 Monte Vista Dr.
Palm Springs , Ca .
cc: Jennie Roller Sprugin
Ron Oden
Deyna Hodges
Jim Jones
Will Kleindienst
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a7/10/2001 11;31 322-1290 BILL ALEXANIDEP. PAGE 02
6-4-2001
Open Letter to:
Mr. Richard Milanovich , Tribal Chairman
Ms. Barbara Gonzales-Lyons, Vice Chairperson
Mr. Moraino Patencio, Secretary/Treasurer
Ms. Virgina Siva
Ms. Jeannette Prieto-Dodd
Re: Motor Cycle Rental Business
On your land at Ramon and Indian Ave .
Dear Folks ,
I just became aware that the application for a
motor cycle rental business on your land (that was turned
down by the City Council ) has been appealed to your
governing body by the applicants . One of the reasons they
Have given is quite alarming to those of us who live in the
neighborhood and are in opposition to that type of business
so close to our homes and businesses . They cite " Bigotry
against Bikers " as the reason the vast majority of its are
opposed to their application, nothing could be further ftorn
the truth . Our real concern is " Excessive Noise from Bikes
That do not have legal mufflers . I'm sure The bikes that
will be rented will have legal mufflers . It is the other so
called " Bandit Bikers , " who most times do not have any
mufflers at all , that concern us . I believe that if a Bike
rental business is allowed at that location , with all that
vacant asplralted land around the old station building and
1-1IOP just across the street , a hang out void for Bikers
will be filled and the combined noise of a bunch of motor
cycles will ruin that whole area ,
07/10/2001 11:31 322-1290 BILL ALEHANDEP. PACE a3
I would suggest that a Bandit type bike be brought to your
hearing in order that you can experience the earth
shattering roar that we are so concerned about . Every year
when the Bikers have their get together here , a few bandits
always choose to ride down to the end of Baristo by the
Tennis Club where we live , when just one Bandit revs up ,
it drowns out The T.V. , if two of them decide to drag race
and they both rev up and screech off, it rattles all of our
sliders mid the noise is deafening ! We feel that once a year
of this is enough ! . Now , I have some what of a solution ,
Since the City is fulfilling the prediction ,in Orwells novel
" 1484 64 , by installing cameras to observe our citizenry as
they move about down town , we can take one more step in
that direction by installing a camera with a sound decibel
detector on the telephone post over looking the Bike Rental
business , no matter where it is located , and every time the
noise level exceeds the legal limit , the camera clicks and
we have a picture of the transgressor and the license plate
of the illegal Bike . I think a $ 100.00 fine for the first
violation would get the word around rather hurriedly . We
really should be doing this right now in conjunction with
the " Spy In The Sky " camera installations . We don't hate
" Bikers " we just hate " Noisy Bikes " ! We were told
some time ago that the folks who were turned down at the
Ramon Rd . and Indian Ave . location , had been offered a
location at the Air Port and had accepted that location .
That sure seems to make more sense than in town .
Please don't approve Bikes at Ramon Rd. and Indian Ave.
Best Regards
Bill A�ander� r�
Ph, 323-5226
ji9P_ I f� Ff7 �i
San Marino Hotel
225 West Baristo Road
Palm Springs, CA 92262
Phone 760-325-6902 Fax: 760-325-6906
Email: www.paimsprings.com/samnarino
July 7,2001
Mr.Will Kleindienst,Mayor
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Mr.Kleindienst„
I understand The City Council is considering an application for a Harley Davidson store at Ramon and
Indian Canyon in Palm Springs.
Usually I don't get involved in these things,but I have the following reservations:
1. It goes against the village atmosphere of the downtown and the Historic Tennis Club District;
2. Noise, noise,noise. We hear it now from motorcyclists even without a store;
3. Motorcyclists'behavior downtown and at local hotels(mine included)has been irresponsible and
destructive. Three years ago, it was fine.But for the past two years, a lot of wildness ruined the
ambience that our guests expect when they visit Palm Springs.
4. They already have a store near the airport.
Thank you for your consideration and continuing the admirable appeal that the downtown offers.
Very y yours,
Kent Hinckley,owner I l
360 South Monte Vista Drive
Palm Springs, CA 92262-7320
July 4, 2001
Mr. Will Kleindienst
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Mr. Kleindienst:
Re: Eagle Rider Harley Davidson Motorcycle
In our opinion the corner of Indian Canyon and Ramon Road is an inappropriate
location for a motorcycle rental business. We feel the two alternate sites in Palm
Springs near the car rental agencies and Indian Canyon at I 10 are much more
suitable.
Let's continue to improve downtown Patin Springs. Keep focused on a vision of
growth that includes quality and beauty.
Respectfully, / I4�
L
Mr. & Mrs. Paul K. Lovegren, Jr.
cc Tribal Council Members
Gary F. Dick, MD July 6, 2001
431 West Monte Vista Drive
Palm Springs, CA 92262
Mr. Richard Milanovich
Tribal Chairperson
Agua Caliente Indian Tribal Council
600 E Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposed Eagle Rider Location
Dear Mr. Milanovich:
I am writing as a concerned homeowner who lives very nearby the proposed
Eagle Rider motorcycle rental shop location at Indian Canyon and Ramon Road. Please
do not allow Eagle Rider to operate at this site. I would not be as concerned if Eagle
Rider proposed renting BMW or Honda Gold Wing bikes, as these motorcycles are
known for their quiet operation. However, Harley Davidson motorcycles are loud. They
are known for this, even if equipped with"stock"mufflers. Therefore I am very
concerned about the degradation of our downtown and surrounding neighborhoods from
the added noise pollution that these motorcycles will create.
As you may know, Palm Springs does NOT have an enforceable noise ordinance,
so residents in neighborhoods throughout the City, wherever these motorcycles choose to
travel, will be left without recourse after Eagle Rider begins operation. I am not against
motorcycles as such and I am not"anti-business", but I strongly feel that this is the wrong
place for this business. I understand that Eagle Rider has two other suitable Palm Springs
locations from which to operate.
I fully support your Tribe's plans for increased gaming in the community, and
have spoken with many residents who are excited about proposals to remodel the
downtown casino. We see these changes as improvements to our quality of life and as
appropriate elements of a thriving downtown. Please exercise your authority for the long
term benefit of the community at large, and with a view of what Pahn Springs can
become as it continues to thrive and prosper. Please do not allow Eagle Rider to operate
its business at this site.
Sincerely,
Cc: P. S. City Council Gary F. Dick, MD
Sent By: ; 760 320 5037; Jul-8-01 10:14PM; Page 1/1
Date: July 9, 2001
To: Mr. Richard Milanovich
Ms. Barbars Gonzales-Lyons
Mr. Moraino Patencio
CC: Palm Springs City Council Members
From: Nicholas and Ashley DiBari
Re: Opposition To Ramon and Indian Location for Easy Rider
Dear Council Members Please consider the very strong
opposition that the majority of the residents .feel, as well as the
majority of the City Council feels about the noise and safety issues
that surround this particular situation.
Our home fronts on Linda Vista and backs up to West Ramon.
Many adults, children and families walk Ramon to get to the
hiking trail. There are no lights or stop signs and the street is
already a danger to pedestrians from young drivers drag racing.
This will,just make it worse.
It is our belief, that the people renting these motorcycles will first
test drive their bike on West Ramon before venturing out to other
parts of our city. Some of these bikers will race, some will be
inexperienced, and all will create safety and noise concerns, If
they have friends with illegal pipes following them (which is likely
to happen) - the noise will be unbearable.
The residents of Palm Springs, as well as the City Council, usually
bend over backwards to accommodate the development wishes of
the Tribe. Please don't slap us in the face by overturning what has
already been denied by our City Council and the P.S. Residents.
Peter Dixon July 7, 2001
431 West Monte Vista Drive
Palm Springs, CA 92262
Mr. Will Kleindienst
Palm Springs City Council
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263 Alternate uses for the Eagle Rider Site
Dear Mr. Kleindienst:
By now, I am sure you are aware that there is a great deal of neighborhood
concern with allowing Eagle Rider to operate at the Indian Canyon/Ramon Road site. At
the heart of this outcry is the sincere belief that this is the wrong business for THIS
downtown location. My concern is primarily about increased noise.
I am not ant- business or bigoted against motorcyclists, and I have not heard this
sentiment from any of my neighbors. I am a homeowner who lives in Palm Springs full
time, and who takes pride in the revitalization of our downtown. This business at this
location would not contribute to the progress we have made. Rather it would start to
create a carnival atmosphere here, with greatly increased noise and motorcycle traffic.
Empirical data about other in town motorcycle rental locations suggests that they
tend to attract more bikes than those being rented. These other bikes may not have quiet
tail pipes, and they may not be driven so as to mnilnrize noise. We do not have an
enforceable noise ordinance in Palm Springs. Neighborhoods and businesses alike will be
burdened with whatever noise Eagle Rider creates, 7 days a week, for years to come.
The conditional use permit for Eagle Rider is a pretty loosely drafted document.
For example, there is no limit on the number of motorcycles that will be for rent, 7 days a
week. Also, there is no mechanism for lodging complaints, and having them be taken
seriously by the City or now by Tribal Council. Eagle Rider has two alternate and
excellent sites from which to run its business in Palm Springs. Certainly there are
alternate uses for this site at Indian Canyon and Ramon Road that would better integrate
with an increasingly vital and pedestrian friendly downtown.
This circumstance is very discouraging to residents who take pride on our City's
downtown and nearby neighborhoods. Several neighbors plan to sell their homes and
move out of Palm Springs if Eagle Rider is allowed to operate at this site. My neighbors
and I look forward to the planned casino expansion and to creating a vision for a
prosperous and business friendly Pahn Springs. Please support us by asking Eagle Rider
to operate at its two other, and more appropriate locations, rather than at the Indian
Canyon/Ramon Road site.
Sinc ly, Peter Dixon
July � , 20ol
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July 9,2001
Mr. Richard Milanovich, Chairman
Agua Caliente Tribal Council
600 East Tahquitz Way
Palm Springs, CA 92262
Dear Mr. Milanovicb,
As a thirty-two year part time resident of The Tennis Club Homes, and now a full time
resident, I want to express my deep concern to you about the proposed lease of the property
at Ramon Road and Indian Canyon to the Eagle Rider motorcycle people.
While I am extremely liberal-minded with regard to the concept of all people having the right
to their own way of life and their own sense of enjoyment, I also believe strongly that these
rights should be enjoyed in a way that does not invade the right to quiet enjoyment by others
who do not subscribe to that way of life. I certainly do not in any way object to motorcycles
per se, nor to any one's right to ride motorcycles.
Obviously, though, I do object to the noise of many motorcycles riding in tandem along
residential streets. Although I live at The Tennis Club, I can still hear groups of motorcycles
when they ride together on Palm Canyon Drive and I find that disturbing. I retired to Palm
Springs to get away from the noises of the City, to the beauty and,yes, the quiet living in
Palm Springs.
I heartily endorsed (and voted for) the Tribe's right to build and operate casinos
(incidentally, I congratulate you on the beautifully designed new casino on Bob Hope
Road). Those of us who are not of the Tribe are proud of our relationship with the native
residents of Palm Springs. But as a quid pro quo, I believe that our friends in the Tribe
should consider a modicum of"Zoning" that would keep the Palm Canyon/ Indian Canyon
area as much of a"Quiet Zone" as possible.
Those of us who live nearby will appreciate your cooperation in this matter. Let's keep Palm
Springs as beautiful, quiet and relaxing as possible for the residents and the tourists alike.
Respectfully,
David Hackman
cc: Palm Springs City Council
TEL No . _.,_Jul 10 ,01 13 :52 P . 01
March 5,2001
City Manager and Council Members,
As a residents of the of the Vista Santa Rosa development neighborhood, we are
extremely concerned that the city is considering extending it conditional use permit for
the l;agle hider Motorcycle Rental business to be located at Ramon and Indian Canyon.
When we moved to the desert a year and a half ago, we chose to purchase a home in close
proximity to the downtown area so that we could walk to town in the evenings and enjoy
the shops and restaurants along Palm Canyon. Believe me,conversation comes to a halt
when a motorcycle roars past,or worse,when one sits waiting for a light to change. I'm
sure the patrons who enjoy sitting on the balcony of The Palls, or in front of Starbucks, or
At any of the numerous outdoor style cafes,will And other establishments to
frequent...like those on M Pasco.
,Another consideration that causes us concern are the number of children in this area who
would be at risk. Children walk to and from school and play outside,and mothers are out
with their babies in strollers in this area where there are no sidewalks, This is not an
affluent neighborhood. Many of the residents do not have cars and walk everywhere they
go. Where are these rental motorcycles going to go? Where are they going to practice
before they take off for a fun day in Palm Springs? Around and around our residential
streets,that's where.
Please help us maintain our community in keeping with the pedestrian friendly
environment that we now enjoy. A business of this kind belongs in a more industrial
area, not adjacent to our quaint and historical downtown and neighborhoods.
Thank you,
I
Mike Martin
Deanna Martin
535 S Colic Santa Rosa
Palm Springs,California
92204
-6
CI July 7, 2001
Ms. Virginia Siva
Aqua Caliente Tribal Council
600East Tahquitz Canyon Way
Palm Springs, Ca. 92262
Subject: Eagle Riders Motorcycle Rentals at Indian Canyon and Ramon Rd.
Dear Ms. Siva:
In connection with the joint public meeting with the Aqua Caliente Tribal
Council and the Palm Springs City Council on July 12, 2001. 1 would ask
you to kindly consider the following:
As a resident taxpayer and good neighbor of the Tribal Council,I believe in
maintaining the village atmosphere of our city as I believe all tribal members
and residents do. I do not object to motorcycles as such; moreover, although
I don't like it , I would not object to the aimual motorcycle weekend because
it happens only once a year .If,however, you were to grant permission to
Eagle Rider for a 3rd location specifically the Tribal owned land on the North
east comer of Ramon Rd. and Indian Canyon, this would only bring other
non-conforming muffler motorcycles to the location because Eagle Rider is
planning to sell other equipment and accessories to ALL motorcyclists.
The quiet neighborhood, South of Ramon within a few hundred yards and
those neighborhoods to the West along Ramon Rd. and in the Tennis Club
area, would obviously be disturbed by motorcyclists trying out their
equipment in these close by areas.. How often have you heard the revving of
engines when halted at a stoplight? Would you like this where you live?
SE' "Z'B-z- Eagle Rider proponents tell us that those opposing the location in question z7vdano
T_£ 5 8 L ,T_ are "bigots". Those of us opposed to this proposed location of Eagle Rider . . •Z zvsos
are not fanatic or intolerant, we only want to respect the village atmosphere
of your city and ours.
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PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA `
Comity of Riverside
No 8643
NOTICE OF PUBLIC HEARING
JOINT MEETING OF THE PALM SPRINGS
CITY COUNCIL
AND
THE TRIBAL COUNCIL OF THE
AGUA CALIENTE BAND OF
I am a citizen of the United States and a resident of CAHUILLA INDIANS
the Count aforesaid;I thf eig hteen case Nos. 5.08e2
y am overe age o Eaglerider Palm Springs
years,and not a party to or interested in the 490 South Indian Canyon Drive
above-entitled matter.I am the principal clerk of a NOTICE IS HEREBY GIVEN that the City Council
of the City of Palm Springs, California and the
printer of the,DESERT SUN PUBLISIiING Tribal Council of the Ague Caliente Band of Ca-
COMPANY a newspaper of general circulation, meet Indians, will hold a public 0 PM at a toint
g meeting on July 12,hold
a u lic h PM The joint
printed and published in the city of Palm Springs, hearing will be conducted in the Council Chamber
ublic
p p ty at City Hall, 3200 E Tahcultz Canyon Way, Palm
County of Riverside,and which newspaper has been Springs.
adjudged a newspaper of general circulation by the An appeal has been submitted by Ea lerider Palm
Springs The appellant has appealed the follow-
Superior Court of the County of Riverside,State of Ing
California under the date of March 24, 1988.Case 1.The decision of the Palm Springs City Council
Number 191236;that the notice,of which the to adopt Resolution 20018 overruling without
prejudice a Planningq Commission decision to Is-
annexed is a printed copy(set in type not smaller sue a Conditional Use Permit for a Motorcycle
Rental, located at 490 South Indian Canyon Drive,
than non pariel,has been published in each regular C-2 zone.
and entire issue of said newspaper and not in any "" """`�•'•°-'11L•�-••'-•• -
supplement thereof on the following dates,to wit:
July 2nd
��� •. �
--------------------------------------------------
` I I
----------------------------------------------------------
All in the year 2001
I certify(or declare)under penalty of perjury that the
foregoing J true and correct. gth nl'i�ccoPd�ln�edw tti t t, .........
o aAry s n-S _EAV
g g y Chis a the Tnbal C liunceaiin� :will
Dated at Palm Springs,California this da u'" -
i[ of
g e conducted
he Land Contract be-
the Aqua Delicate
Of---------------------------------------2001 Band of Call Indiana and the City of Palm
Springs
An opportunity will be given for all interested par-
'�XXi�I - ties in be heard.
___ For information,o((7 please contact the City Planning
Candy
Signature office, (760)326G0)30203-8245, or the Tribal Council
Dated. June 28, 2001
RICHARD M. MILANOVICH
Tribal Council Chairman
PATRICIA A. SANDERS
City Clerk
PUB: July 2, 2001
RESOLUTION 20018
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA OVERRULING WITHOUT PREJUDICE DECISION
BY THE PLANNING COMMISSION TO ISSUE A CONDITIONAL USE
PERMIT FOR A MOTORCYCLE RENTAL USE AT 490 SOUTH
INDIAN CANYON DRIVE, ZONE "C-2" GENERAL COMMERCIAL.
WHEREAS lawful action taken by the Palm Springs City Council on November 1, 2000
amended the Palm Springs Zoning Ordinance so as to permit Motorcycle Rental in the"C-1"
and "C-2" zoning districts subject to the issuance of a Conditional Use Permit by the
Planning Commission; and
WHEREAS, the Planning Commission conducted a public hearing during its meeting of
December 13, 2000 and January 10, 2001 for the purpose of considering an application for
Motorcycle Rental on property zoned "C-2;" and
WHEREAS,the Planning Commission public hearing of December 13, continued to January
10, 2001, was duly noticed in accordance with State and local requirements; and
WHEREAS, the Planning Commission considered the application as well as all testimony
presented during the public hearing of December 13,2000 and January 10, 2001 and found
thatthe findings necessary forthe issuance of a Conditional Use Permitto be metgiven the
accompanying Conditions of Approval; and
WHEREAS, the Historic Tennis Club Neighborhood filed an appeal of the decision of the
Planning Commission in accordance with Section 2.05 of the Municipal Code; and
WHEREAS, the Palm Springs City Council conducted a public hearing during its meeting
of March 7, 2001 to receive testimony regarding the request for a Conditional Use Permit;
and
WHEREAS, at the conclusion of the public hearing, the City Council found that the findings
necessary for the issuance of a Conditional Use Permit were not met due to the proximity,
less than 300 feet, of the proposed location to both the Historic Tennis Club and the Vista
Santa Rosa residential neighborhoods; and
WHEREAS, at the conclusion of the public hearing, the City Council found that the finding
necessary for the issuance of a Conditional Use Permit were not met due to the noise
impacts associated with the proposed use;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
Section 1: Based upon the evidence presented atthe meeting of March 7, 2001,the City
Council finds that the site for the intended use is in conflictwith the adjacent
residential neighborhoods of Vista Santa Rosa and the Historic Tennis Club
due to noise and safety impacts; and
5A
Resolution 2UU16
Page 2
Section 2: The decision of the Planning Commission to issue a Conditional Use Permit
for a Motorcycle Rental Use at 490 South Indian Canyon Drive is overruled.
Section 3: The request for a Conditional Use Permit for a Motorcycle Rental Use is
denied without prejudice.
Section 4: The staff is directed to assist the applicant in identifying alternative sites
within the corporate limits that will meet the needs of the business while
satisfying the findings necessary for the issuance of a Conditional Use
Permit.
Section 5 All fees paid to the City for the processing of the subject Conditional Use
Permit shall be applied to a future Conditional Use Permit application by the
same applicant for the same use at a different location provided such
application is made within one year of the date of this resolution.
Adopted this 4rhday o5 April 2001.
AYES. Members Hodges, Jones, and Reller-Spurgin
NOES Member Oden and Mayor Kleindienst
ABSENT None
AT T CITY OF PALM SPRINGS, CALIFORNIA
y:
City Clerk" City Manager
REVIEWED AND APPROVED AS TO FORM:
5