HomeMy WebLinkAboutAppl - Case 16-00001341 - J.Johnson CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC
NUISANCE DATED MARCH 15, 2017 FOR VIOLATIONS OF PALM
DESERT MUNICIPAL CODE SECTION 8.20.020 (L)
SUBMITTED BY: Johnny Terfehr, Code Compliance Officer
DATE: April 13, 2017
APPELLANT: James Johnson
48-800 North View Drive
Palm Desert California 92260
CONTENTS: Exhibit A Photographs of structure
Exhibit B Order to Abate a Public Nuisance dated March 14, 2017
Exhibit C Appeal of Order to Abate dated March 15, 2017
Exhibit D Notice of Appeal Hearing
Exhibit E Palm Desert Municipal Code Sections 8.20.020 (L)
and 25.10.050
Recommendation
By Minute Motion:
Deny appeal dated March 15, 2017 and uphold the Order to Abate a Public Nuisance
dated March 14, 2017. Make determination and finding that the existence of a non-
permitted structure located in the property line setback constitutes a public nuisance as
outlined in the Order to Abate a Public Nuisance dated March 14, 2017.
Executive Summary
A concrete block storage building exists in the rear yard setback of a residence on North
View Drive. Approval of staffs recommendation to uphold the Order to Abate dated
March 14, 2017 will allow the City to move forward with enforcement and ensure the
structure is removed pursuant to Palm Desert Municipal Code section 8.20.020 (L).
Staff has thoroughly researched City records and found no evidence that the structure
was ever permitted or otherwise approved by the City.
Staff Report
Appeal Order to Abate
April 13, 2017
Page 2 of 3
Background
Case narrative:
May 9, 2016: The Code Compliance Division received a complaint about a non-
permitted structure located in a property line setback at 48-800 North View Drive. Code
Compliance staff made contact with Mrs. Johnson, who confirmed the existence of the
rear structure and will have her husband contact Code Compliance to discuss further.
May 22, 2016: Mr. Johnson called and advised he was working on getting his paperwork
together to prove that the structure existed since original construction of the home and
was approved.
June 14, 2016: At Mr. Johnson's request, Building Department staff and Code
Compliance staff reviewed the City's records in an attempt to find anything that would
indicate that the structure had been approved. Finding none, the owner was advised to
contact Planning Department to see if it could be approved as built.
July 1, 2016: Code Compliance staff contacted Mr. Johnson to check on status of
approval. Mr. Johnson stated he was still sure it was approved when built and was now
looking into HOA records to find evidence of such. He requested extension to the end of
September to work on it. As no immediate life safety issues existed, an extension was
granted.
October 1, 2016: Mr. Johnson contacted the City and advised that there had been a
death in the family and requested 90 day extension which was granted.
January 2, 2017: Code Compliance staff attempted to contact Mr. Johnson to check
progress.
January 20, 2017: Jason Finley, Building and Safety Supervising Plans Examiner,
reported that he had been contacted by Mr. Johnson and was investigating the issue
and would report back his findings.
February 27, 2017: Jason Finley reported that he had "scoured the archives and found
no evidence that it was permitted". Planning Department staff reported that the structure
could not be approved as built under current code because it exists inside the rear
property line setback. If the roof was removed the remaining block walls could be
permitted. Planning staff further stated that they could not support a variance on the
structure because the City could not establish the required findings. Mr. Johnson was
advised of the reports and that he had the option of appealing the pending Order to
Abate to the City Council.
March 14, 2017: An Order to Abate a Public Nuisance was issued for violation of
8.20.020 (L) which constitutes any violation of the city zoning ordinance or building code
an unlawful property nuisance under the City's public nuisance ordinance.
March 15, 2017: Mr. Johnson filed an appeal with the City Clerk's Office.
Staff Report
Appeal Order to Abate
April 13, 2017
Page 3 of 3
Analysis
Staff has been actively seeking compliance on this issue since May 2016. Staff has
determined that there is no evidence the structure was previously approved and has
determined that the structure could not be approved under current City code. Mr.
Johnson has been advised of his option to remove the roof and obtain a permit for the
remaining block walls. Staff recommends the City Council, by minute motion, uphold the
Order to Abate dated March 14, 2017 and direct Code Compliance to proceed with
enforcement.
Fiscal Impact
If it is necessary for the City to abate the structure funds are available in the approved
Community Development budget. Further, all costs associated with the case, including
staff time, will be billed to property owner, and if not paid, assessed as a lien against the
property.
Submitted by: ed an oncur:
John Terfehr Pedro Rodriguez
C e Compliance Officer Code Compliance Supervisor
Department Head:
Ryan Stendell
Director of Community Development
Approval:
Lauri Aylaian, City Manager
Exhibit A
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Exhibit B
CITY OF PELM DESERT
73-510 FRED WARING DRIVE
I • t PALM DESERT,CALIFORNIA 92260-2578
t. +, - +" TEL: 760 346-0611
LA * info@cityofpalmdesert.org
ORDER TO ABATE A
PUBLIC NUISANCE
March 15, 2017
Hand Posted Notice/Mailed US Certified
James and Kathryn Johnson
48800 North View Drive
Palm Desert, CA 92260
Case No. 16-00001341
Dear James And Kathryn Johnson:
By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter
8.20, you are hereby ordered to abate the following condition(s) from your property
described as 48800 North View Dr, also legally known as APN No. 652-141-036- -.
In order for your property to be in compliance:
• Please remove non-permitted structure in rear yard.
The City of Palm Desert has determined that the foregoing conditions constitute a
violation of the Palm Desert Municipal Code Chapter 8.20. You have until March 25,
2018 to abate the condition(s), or appeal the determination within ten (10) days of the
date of this notice to the City Council of the City of Palm Desert, California. Any appeal
must be in writing and filed with the City Clerk's office, City Hall, Palm Desert, California.
CMS rIm,,,nx reaam ruu
Exhibit B
If you do not abate the nuisance or appeal its determination within the specified time
period, the City will proceed with the abatement, and/or proceed with legal action with
the City Attorney's office. The above-mentioned items will be taken to the County landfill
and discarded in a lawful manner.
Should the City hire its own contractor and abate the conditions, the cost of abatement
including attorney fees, and administrative fees will be assessed against the property in
the form of a nuisance abatement lien or a tax assessment against the property.
Thank you in advance for your cooperation. If you have any questions, please contact
our office at(760) 346-0611, ext. 360.
Sincerely,
ohnny Terfehr
Code Compliance Officer
CITY Of PRIM DESERT
,.
Exhibit C
t.t EiVh.0
CIT Y CLERK'S OFFict
March 15,2017 PALM DESERT3
19
City Council of the City of Palm Desert,California, 2017 MAR ,5 P �
Dear Council Members,
This letter is written to appeal the determination of the City Code Enforcement,Case No. 16-00001341,
dated March 15,2017, ruling that a structure on our property constitutes a nuisance and must be
removed.
While I have been made aware that the structure in question does not meet the current Palm Desert
codes,I would respectfully ask the Council to approve a variance due to the special circumstances of this
issue.
Please note the following items:
1. The structure in question is a permanent structure not a portable or temporary structure.
2. Research indicates it was built at the same time as the house around 1985 and that it was in
place at the time an occupancy permit would have been issued for the house.
3. This structure has underground electricity, underground connections to the house intercom
system and phone system all of which are under 50-60 feet of concrete decking and then run
under the slab of the home. It also has a floor drain so it can be maintained and cleaned
properly.
4. The material used in the construction is identical to the material used in the walls surrounding
the property.
5. The structure has never been questioned through 5 or so owners of the house over 30+years.
6. The structure is almost invisible to all neighboring properties. Only one course of blocks and the
roof is even visible to anyone.
7. The structure has been in place before any neighbors, North,South and East,of the property
purchased their homes.
I request a hearing before the City Council to present additional information and answer any questions
the Council members might have. I will gladly make myself available if any Council member wishes to
see the structure to help them reach an informed decision.
Thank you in advance for your consideration of this issue.
Sincerely,
(
f 48-800/North View Drive
Palm Desert,CA 92260
760-837-9771
Email: kjohnson3@dc.rr.com ,OrY i 0 Gornpitri f;c)
ro
Exhibit D
/67 -75V/
CITY Of NUM DESERT
73-510 FRED WARING DRIVE
W
M �.✓ y PALM DESERT,CALIFORNIA 92 260-2 5 78
TEL: 760 346-0611
t�.
■ism info@cityofpaimdesert.org
3v_
NOTICE OF APPEAL HEARING FOR AN ORDER TO
ABATE BEFORE PALM DESERT CITY COUNCIL
NOTICE IS HEREBY GIVEN that legal property owners, James and Kathryn
Johnson for 48-800 North View Drive, Palm Desert, California 92260, also legally know as
APN 652-141-036, has filed an appeal hearing for an Order to Abate dated March 14,
2017, issued by the Code Compliance Division.
THIS MATTER is scheduled for an appeal hearing on Thursday, April 13, 2017, at
4:00 p.m. in the Council Chambers of the City of Palm Desert, 73-510 Fred Waring Drive,
Palm Desert, California.
All interested citizens in this matter will have an opportunity to testify before City Council.
All questions regarding this matter can be directed to the Code Compliance Division at
(760) 346-0611, ext. 477.
PEDRO RODRIGeEZ
Code Compliance Supervisor
Date of Posting: March 28, 2017
is FRIYICO CC.IO(UC,A,t!
Exhibit E
8.20.020 Unlawful property nuisances.
It is unlawful and a public nuisance for any person that owns, leases, rents,
occupies, has charge of or possesses any property in the city to maintain such property
such that any of the following conditions, or similar conditions, exist thereon, including,
but not limited to:
L. Any violation of the city zoning ordinance, the city sign ordinance, or any other
provisions of this code, or any violation of the uniform codes adopted by the city
including, but not limited to, the Uniform Building Code, Code for Abatement of
Dangerous Buildings, Plumbing Code, Electrical Code, Mechanical Code, Swimming
Pool Code, Fire Code, Health Code or Uniform Housing Code, as the same currently
exist or as they may be hereinafter enacted or amended;
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District
Development Standards) are ap-plicable to the residential zoning districts. These
standards, along with other development standards (e.g., landscaping requirements,
signs, and parking standards) in this title, are intended to assist property owners and
project designers in understanding the City's minimum requirements and expectations
for high-quality development.
Table 25.10-3: Residential Zoning District Development Standards
RE3 R-13
<15,000
Measurement/Zoning District >15,000 sf,but <10,000 R-2 R-3 R-1M1 HPR4
<1 ac
sf >10,000 sf
sf
Residential Density
Density(du/ac),min 7 I/5 ac
Lot Dimensions
40,000 20 ac/
Lot size,min 15,000 sf 10,000 sf 8,000 sf 8,000 sf 10,000 sf
sf 5,000 sf
Lot size,max 1 ac No max 14,999 sf 9,999 sf No max No max No max -
Lot width,min 150' 90' 90' 70' 70' 90' 500' -
Lot depth,min 200' 125' 100' - 100' 100' - -
Exhibit E
Setbacks
Front yard,min 30' 25' 20' 20' 15' 15' 20'/5' —
Side yard,min 15' 15' 8' 5'7 5'7 8' 10'/5' —
Each side,min 15' — — — —
Combined both sides,min — — 20' 14r8 14r8 20' — —
Street side yard,min — 15' 15' 10' 10' 10' 20'/— —
Rear yard,min 50' 20' 20' 15' 20' 10' 10'/5' —
Residential accessory structures See Section 25.40.050(Accessory Structures)—Roof Decks Prohibited
Coverage
Lot coverage,max percentage of lot area 30% 35%2 35%2 35%2 50% 50% —
Building Measurements
15'
15' 15' 15'
Height,max (18 — 18
(18'ARC) (18'ARC) (18'ARC)
ARC) 1 1 story
1 story 1 story 1 story
story
Flat roof height,max — — — — 22' 22'
Pitched roof height,max — — — — 24' 24'
18' 18'
Within 120'of R-1 district,max
1 story 1 story
Dwelling unit size,min 2,000 sf 1,250 sf 1,000 sf 1,000 sf
Dwelling unit size,max — — — — — — — 4,000 sf
Site area per dwelling unit,min — — — — 4,000 sf 2,500 sf — —
Building pad area,max — — — — — — — 10,000 sf
Open Space
Group usable open space per dwelling unit,
min 300 sf —