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HomeMy WebLinkAboutMACCO CONSTRUCTION INC ABATEMENT HEARING REPORTa. AM " "!V I '� .ter ;� "P r.: - -�` _ _ j� `- SAX PAOLO -� _ m _ , �:���.1= �Y t T r �_ E .w r -_.�- - -r _/ w, uj r� �14 \,�`� -621 i E MINUTES ABATEMENT HEARING BOARD THURSDAY JANUARY 13, 1983 2:00 P.M. - CITY HALL COUNCIL CHAMBERS .. a .............. a .... + ................... + + 1. The meeting was called to order at 2:10 P.M. MEMBERS PRESENT: Board Member Ferne Simpson .� Board Member Ralph B. Wood Chairman Romeo S. Pulugi STAFF PRESENT: Secretary Ramon A. Diaz Associate Planner Steve Smith H. APPROVAL OF MINUTES: On a motion by Board Member Wood, seconded by Chairman Puluqi, the minutes of the December 2, 1982, meeting were adopted. Motion carried 2-0-1 with Board Member Simpson abstaining. III. HEARING: MACCO CONSTRUCTORS, INC 73-510 Santa Rosa Way Palm Desert, California Secretary Diaz advised the board that this matter had been continued from the meeting of December 2, 1982. At that time Macco had indicated a willingness to cooperate and abate the use of the property if given sufficient time. Staff has visited the site recently and can confirm that the outdoor storage of construction materials, equipment and the in ground gas tanks have been removed from the site. No further action by the board is necessary at this time. On a motion by Board Member Simpson, seconded by Board Member Wood, the report of the secretary was received. Motion carried unanimously 3-0. IV. ORAL COMMUNICATIONS None V. ADJOURNMENT The meeting was adjourned at 2:15 p.m. /pa E STEVE SMITH Associate Planner AGENDA ABATEMENT HEARING BOARD MEETING 2:00 P.M. - THURSDAY JANUARY 13, 1983 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER H. ROLL CALL III. APPROVAL OF MINUTES OF THE DECEMBER 2, 1982, MEETING IV. HEARING: MACCO CONSTRUCTORS, INC. - Continued hearing from the December 2, 1982, meeting. Staff will present an oral report. V. ORAL COMMUNICATIONS VI. ADJOURNMENT v UNITED STATES POSTAL SER OFFICIAL BUSINESS -1 PENALTY FOR P An ._ SENDER INSTRUCTIONS i �� USE TO AVOID PAY ENT OF P09TAB foee Print your name, address, and 21P Code in Me IpEp yeloN. U.S.MA14 • Complero items 1, Z end 3 on ne rmrl4, �• • Attach to front of article R space pernil4 oth•rwin affia to hack of article. • Endorse article "Return Receipt Requested' RETURN � TO (Nww of Sender) (Strad or P.Q Box)__) (ptr, st, w9i .- h4 iTr/ AOA V ,l.fl 7. 0 SENDER: Compiem hems 1, 2, and ). Add your addmn in the "RETURN TO" Nara m reyertA L 'Ifhe following service to requested (check om.) ET Show to whom and date delivered............ —4 ❑ Show to whom, date and address of delivery...— 4 ❑ RESTRICTED DELIVERY Show In whom and date delivered ............ _ 4 ❑ RESTRICTED DELIVERY. Show to whose, date, and address of dellvery.f— (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED M MR. -My ANDE74SOAJ M Ac:cO t=ONSTIQ I/GTO, =AJC iy-yay s. P4949M0UMT 194_0�2). #'0rbgAM0(.1n/7-, no 907�z3 S ARTICLE DESCIUMO I: REGISTERED NO. CERTIFIED NO. INSURED NO. 2 8 TI/S/ I I (Akvovs obtain i1811It — of addrasa M ayant) 1 have received the article de!5xilted above. SIGNATU C)Ad �madaed aaaat a. TE OF DELIVERY R R — 9 8'tnL+1`� E. ADDRESS ICe ,pleas aaty N MWVMdl 6. UNABLE TO DELIVER BECAUSE, CLERK INITIALS *GPO : 1979888b18 No. 28 1.51 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO HIP.-W VZ97-1340Al �,AIS71eLIC7WRS STREET AND NO. P.O., STATE AND ZIP CODE cfi oW POS AGE $ CERTIFIED FEE 7J S y SPECIAL DELIVERY � y� RESTRICTED DELIVERY 0 LL W W SHOW TO WHOM MO DATE F > ; DEUVERED N i N SHOW TO WHOM, DATE. AMD y ADDRESS OF DELIVERY i W SNOW TO WHOM AND DATE d DELIVERED WITH RESERVED y O Z DEL VERY F SHOW TO WH W ADDRESS Y WITH O0 REST RY` TOTAL POSTAG W FS�1 V` 9� POSTMARK OR A +A YAO 4. 5. 6. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. [see front) If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. � If you want delivery restricted to the addressee, or to an authorized agent of the akressee, endorse RESTRICTED DELIVERY on the front of the article. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811, Save this receipt and present it if you make inquiry. * GPO 1978-256-915 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA92260 TELEPHONE (714) 346-06I1 December 7, 1982 Mr. Ted Anderson Macco Constructors, Inc. 14-409 S. Paramount Blvd. Paramount, CA 90723 Re: Hearing on Appeal by Macco Constructors, Inc., by Abatement Hearing Board Dear Mr. Anderson: Enclosed please find a copy of the minutes of the abatement hearing board meeting of December 2, 1982. As indicated in the minutes, the board was advised of your firm's decision to not proceed with the appeal and agreement to vacate the site within thirty (30) days. The board concurred with your request to vacate the site within 30 days and agreed that the fence and storage shed could remain. The board did require that the gas pump and tank be removed and filled to the satisfaction of the fire marshal. At the conclusion of the hearing, the chairman asked. that staff pass on the board's appreciation to your firm for cooperating with the city in this matter. Yours truly, ._ 4DIAZ AMON A. Secretary Abatement Hearing Board RAD/pa MINUTES PALM DESERT ABATEMENT HEARING BOARD THURSDAY - DECEMBER 2, 1982 2:00 P.M. - CITY HALL COUNCIL CHAMBERS I. The meeting was called to order at 2:00 p.m. by Chairman Puluqi. IV. MEMBERS PRESENT: Board Member Ralph B. Wood Chairman Romeo Puluqi MEMBERS ABSENT: Board Member Ferne Simpson STAFF PRESENT: Secretary Ramon A. Diaz Associate Planner Steve Smith 1. APPROVAL OF MINUTES: None 2. ADOPTION OF RULES OF OPERATION Moved by Board Member Wood, seconded by Chairman Puluqi, to waive further reading and adopt Abatement Hearing Board Resolution No. 1, approving the rules of operation as submitted by staff. Motion carried 2-0. HEARING: Appeal by Macco Cosntructors, Inc., of an order by the code supervisor of the City of Palm Desert to abate the nonconfo,ming use located at 73-510 Santa Rosa Way, more particularly known as: A.P.N. 627-101-016-18 Secretary Diaz advised the board that he had been in contact with Mr. Ted Anderson of Macco Constructors, Inc., on Wednesday December 1, 1982. At that time they indicated that their legal counsel had advised that rather than pursue the appeal they would be better advised to find a new site on which to store their construction equipment. Macco has found a new site outside of the city and has begun moving equipment to that site. They requested that it be given thirty (30) days to complete the move which should take less time. In addition, Macco requested permission to leave the existing fence and storage building on the lot. The secretary recommended that the board continue this matter until January 13th, 1983, at 2:00 p.m. and allow Macco Constructors, Inc., the thirty (30) day period as requested in which to vacate the site and that the board allow the existing fence and storage building to remain. Board Member Wood inquired of the secretary what was to happen with the existing gas pump and tank. Secretary Diaz replied that the pump and tank would have to be removed and filled in accordance with fire department standards. Chairman Puluqi opened the hearing to anyone wishing to address the board. -1- ABATEMENT HEARING BOARD MINUTES DECEMBER 2, 1982 V VI. /pa Mr. Bob Lamberson, 73-460 Santa Rosa Way, was present and indicated his pleasure at having this use removed from the residential neighborhood. Moved by Board Member Wood, seconded by Chairman Puluqi, that this matter be continued to a meeting to be held January 13, 1982, at 2:00 p.m. in order to allow Macco Constructors, Inc., a thirty (30) day period in which to vacate the site, with permission granted to have the exising fence and storage building remain but subject to the condition that the gas pump and tank must be removed and filled in accordance with fire department requirements. Motion carried 2-0. ORAL COMMUNICATIONS Chairman Puluqi requested that staff contact Macco Constructors, Inc. and thank them for their cooperation in this matter. The chairman also requested that all written communications with future appellants be mailed registered mail so there is no question that notices are received. ADJOURNMENT Moved by Board Member Wood, seconded by Chairman Puluqi to adjourn the meeting at 2:15 p.m. Motion carried 2-0. - 2 - teve Smith, Associate Planner AGENDA ABATEMENT HEARING BOARD MEETING 2:00 P.M. - THURSDAY DECEMBER 2, 1982 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER U. ROLL CALL III. 1. APPROVAL OF MINUTES - NONE 2. ADOPTION OF RULES OF OPERATION IV. HEARING: Appeal by Macco Constructors, Inc., of an order by the code supervisor of the City of Palm Desert to abate the nonconforming use located at 73-510 Santa Rosa Way, more particularly known as: APN 627-101-016-18 V, ORAL COMMUNICATIONS VI. ADJOURNMENT ABATEMENT HEARING BOARD RESOLUTION NO. 2 A RESOLUTION OF THE ABATEMENT HEARING BOARD OF THE CITY OF PALM DESERT SETTING FORTH ITS FINDINGS AND DENYING AN APPEAL BY MACCO CONSTRUCTION, INC., OF AN ORDER TO ABATE THE USE AT 73-510 SANTA ROSA WAY, PALM DESERT, MORE PARTICULARLY KNOWN AS A.P.N. 627-101-016-8 WHEREAS the abatement hearing board of the City of Palm Desert, California, did hold a duly noticed public hearing on the 2nd day of December, 1982, to consider an appeal by Macco Construction, Inc., of an order to abate the use at 73-510 Santa Rosa Way, Palm Desert, more particularly known as: A.P.N. 627-101-016-8. WHEREAS, said action to abate nonconforming uses from the residential district is a Class 21, Categorical Exemption for the Purposes of CEQA. WHEREAS, at said hearing upon hearing and considering the testimony and arguments of all interested persons desiring to be heard, said abatement hearing board did find the following facts and reasons to justify denial of the appeal and affirmation of the order to abate said use: 1. The subject property is located in an R-2 single family residential district as established by the zoning ordinance. 2. The use of the property as a construction storage yard is not a permitted use in the R-2 zone. 3. The property has been used as a construction storage yard for in excess of 20 years. 4. The original zoning ordinance in its nonconforming use section allowed a five (5) year period for removal of nonconforming uses. 5. Said nonconforming use has existed in excess of seven (7) years since the adoption of the zoning ordinance. 6. The subject use is not a public utility or public service facility within the meaning of Section 18.030, Paragraph " T' and is therefore not eligible to apply for or be granted a conditional use permit. 7. The use of the property for the outdoor storage of construction equipment and materials is not an acceptable use in any residential district in the city. NOW, THEREFORE, BE IT RESOLVED by the abatement hearing board of the City of Palm Desert, that based upon a preponderance of the evidence: 1. That the appeal by Macco Construction, Inc., of an order to abate the use at 73-510 Santa Rosa Way, Palm Desert, California, more particularly known as Assessor's Parcel No. 627-101-016, 017 and 018, be denied. 2. That the order by the code supervisor of the City of Palm Desert to abate the use at 73-510 Santa Rosa Way be affirmed. 3. That said use as a construction storage yard shall be completely abated no later than 30 days from the adoption of this resolution. PASSED, APPROVED AND ADOPTED by the abatement hearing board - 1 - ABATEMENT HEARING RESOLUTION NO. 2 DECEMBER 2, 1982 of the City of Palm Desert, held on this 2nd day of December, 1982, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RAMON A. DIAZ, SECRETARY RAD/pa - 2 - ROMEO PULUQI CHAIRMAN J 11 ABATEMENT HEARING BOARD RESOLUTION NO. 1 A RESOLUTION OF THE ABATEMENT HEARING BOARD OF THE CITY OF PALM DESERT, ESTABLISHING RULES OF OPERATION. WHEREAS Ordinance No. 309 of the City of Palm Desert provides for the creation of an abatement review board. WHEREAS, Ordinance No. 309 requires that the board adopt reasonable rules and regulations for conducting its business. NOW, THEREFORE, BE IT RESOLVED that the abatement hearing board of the City of Palm Desert does adopt the following rules of operation: RULES OF OPERATION SECTION 1: TIME AND LOCATION OF BOARD MEETING The board shall meet at the call of the chairman or when there is business requiring board action. Reasonable notice must be given in advance of any meeting to the board members. The secretary shall give such notice. The meeting place of the abatement hearing board shall be in the Palm Desert City Hall Council Chambers located at 45-275 Prickly Pear Lane, Palm Desert. SECTION 2: OFFICERS OF THE ABATEMENT HEARING BOARD Officers of the abatement hearing board shall include a chairman and the secretary. The chairman shall be the board member from the city council. The director of environmental services shall be an ex-officio member of and shall act as secretary to the board. The secretary shall assist the chairman in the preparation and distribution of an agenda for abatement hearing board meetings, shall prepare and send out notices of meetings, shall provide for the preparation and distribution of hearing material and shall distribute the official findings of the commission. The chairman and secretary shall perform such other duties and functions such as may be required by the abatement hearing board. SECTION 3: AGENDA All reports, communications, resolutions, documents or other matters to be submitted to the board shall be delivered to the secretary in advance of each board meeting prior to the final preparation of the board agenda for the subsequent meeting. The secretary shall arrange a list of the matters to be brought before the board according to the order of business and furnish each member of the board with a copy of the agenda preceding the meeting. SECTION 4: ROLL CALL Before proceeding with the business of the board, the roll of the members shall be called and the names of those present or absent shall be entered in the minutes. SECTION 5: ORDER OF BUSINESS All meetings cf the board shall be open to the public. Promptly at the hour set by this resolution on the day of each regular meeting, the members of the board, the secretary and city attorney shall take their regular places in the council chambers and the business of the board shall be taken up for consideration and disposition in the following order: a) Call to order b) Roll call c) Approval of minutes d) Hearings e) Oral communications f) Adjournment -1- w n ABATEMENT HEARING BOARD RESOLUTION NO. 1 SECTION 6: HEARING PROCEDURES 1. The hearing shall take place before the three members of the abatement hearing board, who shall act as hearing examiners to conduct the hearings. 2. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording, determined to be appropriate by the board. 3. The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto. A transcript of the proceedings shall be made available to all parties, upon request and upon payment of the fee prescribed therefore. Such fees may be established by the board, but shall in no event, be greater than the cost involved. 4. The board may grant continuances for good cause shown. 5. In any proceedings under this chapter, the board, or any board member, has the power to administer oaths and affirmations and to certify to official acts. 6. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. 7. The board may obtain the issuance and service of a subpoena for the attendance of witnesses, or the production of other evidence at a hearing upon the request of a member of the board, or upon the filing of an affidavit therefore, which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved and states that the witness has the desired things in his possession or under his control. The subpoena need not be issued, when the affidavit is defective in any particular. 8. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 9. Oral evidence shall be taken only on oath or affirmation. 10. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient, in itself, to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 11. Any relevant evidence shall be admitted, if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 12. Irrelevant and unduly repetitious evidence shall be excluded. 13. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the board or departments and ordinances of the City of Palm Desert or rules and regulations of the hearing board. 14. The board, may inspect any buildings or lots, involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before the inspection is made, the parties are given an opportunity to be present during the inspection and the board shall state for the record upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board. 15. The hearing shall be open to the public. 16. The city shall have the burden of proof and shall first present its evidence. The party requesting the hearing may then cross-examine the witnesses presented on behalf of the city. The person requesting the hearing may then present evidence. The city may then cross-examine the witnesses presented on behalf of the person requesting the hearing. 17. Upon receipt of all the evidence, the board shall then retire to deliberate and shall render a decision not less than five (5) days after the date of the hearing. The city has the burden of persuasion by a preponderance of the evidence; which burden shall be taken into consideration by the board in rendering its decision. 18. The decision of the board shall be in writing and shall contain findings of fact, a determination of the issues presented and shall also contain the requirements to be complied with by the person requesting the hearing. A copy of the decision shall be delivered to the person requesting the hearing, personally, or sent to him by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. - 2 - w I ABATEMENT HEARING BOARD RESOLUTION NO. I SECTION 7: RIGHTS OF PARTIES AT HEARING Each party shall have these rights, at the hearing: 1. To call and examine witnesses on any matter relevant to the issues of the hearing. 2. To introduce documentary and physical evidence. 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing. 4. To impeach any witness, regardless of which party first called him to testify. 5. To rebut the evidence against him. 6. To represent himself, or to be represented by anyone of his choice, including an attorney at law, who is lawfully permitted to do so. SECTION 8: APPEAL TO CITY COUNCIL The decision of the board may be appealed to the city council within ten (10) days of the date of service of the decision of the board. The council shall hear the appeal as soon as practicable. The appeal shall not be de novo and shall be based only on the hearing transcript, the evidence presented at the hearing, those matters officially noticed and the written decision of the board. Any action of the board shall be stayed pending the outcome of the appeal. The decision of the city council shall be final. SECTION 9: ROBERTS RULES OF ORDER Except as otherwise provided herein, all questions of parliamentary procedure shall be resolved according to Roberts Rules of Order. NOW, THEREFORE, BE IT RESOLVED that this resolution is formally adopted by the abatement hearing board of the City of Palm Desert. I HEREBY CERTIFY that the foregoing resolution was adopted by the abatement hearing board of the City of Palm Desert at a regular meeting held on the day of 1982, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RAMON A. DIAZ, Secretary /pa - 3 - ROMEO PULUQI, Chairman ABATEMENT HEARING BOARD CITY OF PALM DESERT TO: Abatement Hearing Board FROM: Department of Environmental Services SUBJECT: Appeal by Macco Construction, Inc., 14-409 S. Paramount Blvd., Paramount, CA 90723, of an order by the code supervisor to abate a nonconforming use (construction storage yard) at 73-510 Santa Rosa Way. DATE: December 2nd, 1982 BACKGROUND: On July 15, 1982, City Council passed Ordinance No. 309 which amended the municipal code as it related to nonconforming uses. Section 25.76.020 of the ordinance requires the immediate abatement of any nonconforming use in any single family residential zone. On September 15, 1982, Macco Construction, Inc., was ordered to abate the use at the above noted property. October 12, 1982, Macco Construction, Inc., filed a notice appealing the order of abatement issued by the code supervisor. Pursuant to Ordinance 309, such appeal is to be heard by an abatement hearing board. PRESENT USE: The subject property is presently used as a construction storage yard. The board will be shown pictures confirming the use of the property. ZONING: The subject property is zoned R-2 single-family residential district. The operation of a construction storage yard is not a permitted use in an R-2 zone. APPELLANT'S POSITION: In the October 12, 1982, letter (copy attached) appealing the code supervisor's order, the appellant outlined his reasons for filing the appeal as follows: I. That the Macco Construction yard is not out of place or nonconforming in a neighborhood of moderate income homes and civic facilities where they have been located for more than 20 years. 2. The six foot redwood fence surrounding the property adequately covers the construction storage activities from public view. 3. That because Macco Construction is a public service facility which does work solely for the gas, telephone and electric utilities, it qualifies for a conditional use permit under Section 030, Paragraph ,pit% 4. Macco will endeavor to improve the appearance of the property by painting the fence and buildings and planting shrubs. DISCUSSION: The use of the subject property has been nonconfoming since the adoption of the zoning ordinance in 1975. The original code section dealing with nonconforming uses and their abatement permitted such uses to remain for five years following said adoption. Due to confusion and internal inconsistencies, this section was - 1 - ABATEMENT HEARING STAFF REPORT DECEMBER 2, 1982 replaced by the provisions of Ordinance No. 309. This new ordinace requires the removal of nonconforming uses in any single family residential district and provides a specific procedure which is to be followed. In response to the appellant's argument that the use should not be abated, it should be noted that the construction yard is located in the middle of a residential neighborhood and in fact occupies a prominent corner location. This use then sits at the main entry point to a large residential section of the city on one of the major north -south streets in the city. The civic facilities presently under construction have been designed to compliment the residential nature of the area and will be extensively landscaped. The six foot redwood fence does not adequately screen the site from public view. As can be seen from pictures of the site, stacks of tubing and mechanical equipment extend above the fence. That is not to say that the fence height could be increased. A fence this high would not be permitted in its present location at the corner of the property or adjacent to the entry gate due to traffic visibility problems. Macco Construction is not a public utility or a public service facility. Doing work for a public utility does not make that use a public utility. Section 25.18.030, Paragraph "7" permits public utilities and public service facilities subject to the issuance of a conditional use permit. The civic center project was reviewed under this section. This section was included in the code to permit certain public utilities to locate certain aspects of their operations in residential districts. Under no circumstances would the city permit a public utility to locate a storage yard in any residential district in the city. Macco Construction should have improved the appearance of the site prior to the adoption of the zoning ordinance in 1975 and encouraged the City Council to make the use a permitted use. At this time the city is not interested in improving a poor situation but rather in eliminating the poor situation and replacing it with an acceptable situation. (i.e. single family or duplex dwellings on 8,000 square foot lots). CONCLUSION: The five (5) year grace period for nonconforming uses expired in 1980. The present use has had almost 8 years of nonconformity. The present use is not a permitted use under the provisions of the zoning ordinance. The present use is not a public utility or public service facility within the meaning of the municipal code. The city is committed to making a concerted effort to upgrade its residential districts. The first step in this process requires that nonresidential uses be eliminated. RECOMMENDATION That the board adopt Resolution No. 2 (copy attached), denying the appeal by Macco Construction, Inc. and ordering abatement of said use no later than 30 days after adoption of this resolution. ENCLOSURES: 1. 2. 3. 4. Copy of Ordinance No.309 Copy of Section 25.18.030 Copy of October 12, 1982, letter from Macco Construction, Inc. Abatement Hear Prepared by: Reviewed and approved /pa - 2 - PROOF * PUBLICATION 49 (20109 2015.5 CCP) PROOF JF PU3LICATI0N OF LEGAL NOTICE 6271019168 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years# and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of THE DESERT POST* a newspaper of general circula- tions printed and published weekly in the city of Riversides County of Riverside# and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside# State of California# under date of October 59 19649 Case number 83558; that the notice# of which the annexed is a printed copy# has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates# to -wit: 11/24 91932 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated November 249 1982 at Riversides California CITY OF PALM DESERT PF -73 q?D 5" ff p- ew=-� -73 - ,Y -,- s�� 4d:?� '7 3 C.- G d S" eam, 42-� -T 3 Sam Oar f .5 ,.." '73 64's " nslor 73 5a28 7 3ZS-u.F�v (4—IT I )v l ry C , �4w�ersbn) CITY OF PALM DESERT LEGAL NOTICE ABATEMENT HEARING BOARD HEARING REGARDING: ABATEMENT OF USE AT 73-510 SANTA ROSA STREET A.P.N. 627-101-016-8 You are hereby notified that a hearing will be held before the abatement hearing board in the council chambers at the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California on the 2nd day of December, 1982, at the hour of 2:00 p.m. upon the notice served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the abatement hearing board. RAMON A. DIAZ, Secretary Palm Desert Abatement Hearj g Board Mailed: November 22, 1982 z5.16.080--25.16.090 i F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Sec- tion 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; "1 H. Maximum building site coverage, thirty percent. (Ord. 128 §§l(part), 3, 1976: Ord. 94 51(part), 1975: Exhibit A §§25.10-7--25.10-7.08). 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet or one story in height, whichever is less; B. All parking and loading shall comply with the pro- visions of Chapter 25.58; C. For provisions regarding utilities, see §25.56.090; D. All signs shall be in compliance with Chapter 25.68; E. All development shall comply with the provisions of Chapter 25.70 for site plan review by the design review pro- cess. (Ord. 94 91(part), 1975: Exhibit A §§25.10-8-- 25.10-8.05). 25.11*090 Front yard setback exception. Front yard setbacks in subdivision developments may be reduced by twenty- five percent provided the average of all such setbacks is not less then the minimum required for the district. (Ord. :4 §1(part), 1975: Exhibit A §25.10-9). Chapter 25.18 R2 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.18.010 Purpose. 25.18.020 Permitted uses. 25.18.030 Conditional uses. 25.18.040 Prohibited uses. 25.18.050 Development standards. 25.18.060 Lot specifications. 25.18.070 Yards. 25.18.080 Building site coverage. 25.18.090 Minimum site area per dwelling 25.18.100 Building height. 25.18.110 Off-street parking and loading 25.18.120 Utilities. 25.18.130 Signs. 25.18.140 Site plan review. 25.18.150 Special standards. unit. requirements. 320 (Palm Desert 8/15/78) 0 1.4 2o.i8.010--25.18.050 25.18.010 Purpose. The intent and purpose of the R2 district is to reserve appropriately located areas for families living in a variety of types of dwellings at a medium range of population densities consistent with sound standards of public health and safety. (Ord. 94 §1(part), 1975: Exhibit A §25.11-1). 25.18.020 Permitted uses. The following uses and struc- tures shall be permitted in an R2 district: A. Accessory buildings, uses, and/or structures; B. Combinations of attached or detached dwellings 1 including duplexes, dwelling groups, and townhouses; C. Domestic animals; D. Home occupations as provided in Chapter 25.66; E. Multifamily dwellings; F. Public parks and recreational facilities; G. Single-family dwelling per lot; and H. Temporary uses as provided in Chapter 25.64. (Ord. 128 §1(part), 1976: Ord. 94 91(part), 1975: Exhibit A 525.11-2). 25.18.030 Conditional uses. The following uses may be ,' permitted subject to a conditional use permit: A. Boardinghouses and roominghouses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Hospitals; E. Neighborhood governmental offices, five thousand square feet maximum building size; F. Planned residential developments (cluster develop- ment); G. Private schools and colleges, not including art, business, or trade schools or colleges; and H. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; I. Public educational institutions; and J. Public utility and public service facilities. (Ord. 94 §1(part), 1975: Exhibit A §25.11-3). C A I 25.18.040 Prohibited uses. All uses and structures not permitted in Sections 25.18.020 and 25.18.030 are strictly prohibited. (Ord. 94 §1(part), 1975: Exhibit A §25.11-4). 25.18.050 Development standards. The following develop- ment standards as set out in Sections 25.18.060 through 25.18.140, except for minimum lot width, depth and setbacks not applying to planned residential districts, shall apply 321 w MACCO CONSTRUCTORS, INC. October 12, 1982 The City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention: Ms. Sheila R. Gilligan City Clerk Gentlemen: tTL� r 104, ry C�F��TCITY S CFFj y411 ,d yC F ""rj RE: Request for a Hearing before the Abatement Hearing Board relative to Non -Conforming Use - 73510 Santa Rosa Way, Palm Desert Parcel Number: 627-101-016-8 I am the Assistant to the President and Assistant Secretary of Macco Constructors, Inc. In this capacity I am writing to request a hearing before the Abatement Hearing Board under Palm Desert City Ordinance No. 309 concerning the said non -conforming use of Macco's property at 73510 Santa Rosa Way, Palm Desert. At this hearing I would like to make protest on behalf of Macco Con- structors, Inc. against the effect of Palm Desert City Ordinances No. 309 and No. 99 under which it has been determined that our facility at 73510 Santa Rosa Way is non -conforming. Macco's contention on this matter is that our facility is not out of place or non -conforming in a neighbor- hood of moderate income homes and civic facilities where we have been located for a period of more than twenty years. Further, Macco's position is that the six foot redwood fence surrounding our property adequately covers our construction storage activities from the public view. P-1 The relief that Macco is seeking is to be granted a Conditional Use Permit as described in Chapter 25.18, Section .030 of the Palm Desert Zoning Ordinances. Under paragraph "J" of this ordinance, we believe that Macco qualifies for a Conditional Use Permit because we are a public service facility doing work solely for the gas, telephone, and electrical utility companies out of this Palm Desert location. In addition, Macco will en- deavor to improve the appearance of this property by painting the surround- ing fence and the buildings, and by planting additional shrubs on the prop- erty. 14409 SO, PARAMOUNT BOULEVARD • PARAMOUNT, CALIFORNIA 90723 • TELEPHONE (213) 630-5801 I t October 12, 1982 The City of Palm Desert Attention: Ms. Gilligan 2- Kindly review this request and arrange for a hearing before the Abate- ment Hearing Board for Macco at which time I will further develop our position. Very truly yours, Theodore C. Anderson TCA:ms I, Theodore C. Anderson, the Macco Constructors, Inc. officer who is requesting this hearing, declare under the penalty of perjury the truth of the matters stated in this request for a hearing. Theodore C. Anderson r MACCO CONSTRUCTORS, INC October 12, 1982 The City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention: Ms. Sheila R. Gilligan City Clerk Gentlemen: zj I- 11- g9 f� f 00 ,0414 r 47. C/ry oFsfRj 1g8� �yYcy �glC n,y RE: Request for a Hearing before the Abatement Hearing Board relative to Non -Conforming Use - 73510 Santa Rosa Way, Palm Desert Parcel Number: 627-101-016-8 I am the Assistant to the President and Assistant Secretary of Macco Constructors, Inc. In this capacity I am writing to request a hearing before the Abatement Hearing Board under Palm Desert City Ordinance No. 309 concerning the said non -conforming use of Macco's property at 73510 Santa Rosa Way, Palm Desert. At this hearing I would like to make protest on behalf of Macco Con- structors, Inc. against the effect of Palm Desert City Ordinances No. 309 and No. 99 under which it has been determined that our facility at 73510 Santa Rosa Way is non -conforming. Macco's contention on this matter is that our facility is not out of place or non -conforming in a neighbor- hood of moderate income homes and civic facilities where we have been located for a period of more than twenty years. Further, Macco's position is that the six foot redwood fence surrounding our property adequately covers our construction storage activities from the public view. 101 The relief that Macco is seeking is to be granted a Conditional Use Permit as described in Chapter 25.18, Section .030 of the Palm Desert Zoning Ordinances. Under paragraph "J" of this ordinance, we believe that Macco qualifies for a Conditional Use Permit because we are a public service facility doing work solely for the gas, telephone, and electrical utility companies out of this Palm Desert location. In addition, Macco will en- deavor to improve the appearance of this property by painting the surround- ing fence and the buildings, and by planting additional shrubs on the prop- erty. 14409 SO. PARAMOUNT BOULEVARD • PARAMOUNT, CALIFORNIA 90723 • TELEPHONE (213) 630-5801 October 12, 1982 The City of Palm Desert Attention: Ms. Gilligan 2- Kindly review this request and arrange for a hearing before the Abate- ment Hearing Board for Macco at which time I will further develop our position. Very truly Theodore C. Anderson TCA:ms I, Theodore C. Anderson, the Macco Constructors, Inc. officer who is requesting this hearing, declare under the penalty of perjury the truth of the matters stated in this request for a hearing. Theodore C. Anderson sl: Ijo : AEELb tt ma 1, 2, and 3. aR address in We "RETURN TO" maea m rra 1. The ,owing service is requested (check one.) STrow to whorn and date delivered............ —4 .'b Show to whom, date and address of delivery...—q ❑ RESTRICTED DELIVERY Show to whorn and date delivered............ — < ❑ RESTRICTED DELiVERI'. Show to whom date, and address of delivery.$—_ (CONSULT POST -MASTER FOR FEES) ARTICLE ADTO: eeoL 3. ARTICLE U — -z -- REGISTERED NO. I CER.�.T1}1IFIED NO. INSURED NO. (Atwave obtail(nn siignewrefa dreswe or rlGarnl I have received the article described above. SIGNATURE f3Aa4mme; aeent a. DATE OF DELIVERY A 6 ADDREW ICaraalu mh R 1 � y� w a. UNABLE TO DELIVER BECAUSE: INIT *GOO: 19193884WI9 PM s, UNITED STATES POSTa,�. (SERVICE o." OFFICIAL 8USINEn SENDER INSTRUCTION.i Print Your name, address, and ZIP Coda in dos space below. • Complete items 1, 2 and 3 on the nner es. • Attach to front of article R tpau Permit; otherrin affix to Mck of artice. • Endorr article "Remm Renipt Requested" adjacent to number. RETURN TO n_I_ R To olo 7leWne. IIBE fParameterParameterO AVOID I FMfAO(, plp •(seam uaAun Ki M C� WHILE YOU � WERE OUT kl Phone S)-� Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTSTO SEE YOU URGENT RETURNED YOUR CALL 41 AMPAD 23-000 50 SHT. PAD EFFICIENCY(g) 23-001 250 SHT. DISPENSERBOX 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 September 15, 1982 Macco Construction Inc. 14409 South Paramount Blvd. Paramount, CA 90723 ATTENTION: WILLIAM M. MCCUNE, PRESIDENT RE: 73510 SANTA ROSA STREET PARCEL NO. 627-101-016-8 Dear Mr. McCune: In the interest of upgrading the residential community and thereby insuring the character of residential districts; the City Council of the City of Pal Desert adopted Ordinance No. 309 pertaining to Non Conforming Lots, Buildin and Uses. This ordinance amended parts of Ordinance No. 99. Ordinance No. 99, gave you five (5) years from December 11, 1975 to termina the non-conformance. It did not however authorize the creation of an appea board to hear disputes. Under Ordinance No. 309, such a board has been authorized. The Appeal Boar was approved and members appointed by the City Council September 9, 1982. The property in question is Zoned R-2, which permits only residential uses. You are now being notified that you are in violation of Chapter 25.76, Sec- tion 25.76.020, and must abate the non -conforming use of a construction and storage yard at 73510 Santa Rosa Street, Palm Desert, within thirty (30) da With this notice, you or any other person having title or legal interest wi the non -conforming use, may request a hearing, providing the request is mad in�writin and filed with the City Clerk within thirty (30) days from the atd a l receiving this notice. Failure to request a hearing will constitut a waiver of all rights to a hearing and determination of the matter. Non-compliance will result in the City completing the work necessary and charging the costs against the property and assessing liens. If you need additional information, please contact the Environmental Servic Department by calling 714) 346-0611, ext. 56. Sincerely, VA C;�6� FRVK P. ALLEN CODE SUPERVISOR FPA:djb CITY OF PALM DESERT LEGAL NOTICE ABATEMENT HEARING BOARD HEARING REGARDING: ABATEMENT OF USE AT 73-510 SANTA ROSA STREET A.P.N. 627-101-016-8 You are hereby notified that a hearing will be held before the abatement hearing board in the council chambers at the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California on the 2nd day of December, 1982, at the hour of 2:00 p.m. upon the notice served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the abatement hearing board. RAMON A. DIAZ, Secretary Palm Desert Abatement He arj g Board ✓ Mailed: November 22, 1982 C•'il,y c>1 �-�_>tl urn )Ncrtie.r A•l. 45-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA92260 L V R E T�i,f4, 70 eoI SEryOET Reside t 44-130 n Pablo NOV 2 9 1982 Palm sert, CA 92260 ENVR1)Ni'dcPJ JAL scrcv�CES , TV OF PALM C•'il,r cal Pacl c.c.A U)A-tiu�•d. 05-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 ET �RNEO ,, s�raoER REA^(i^: CFiELEt:: UncIaimeARe.lused__ Addresseu miknwvn __ No such st v ( _ numh No such cff;c-- sop, ll DO not retauif---- o( v Reside t 73-475 Santa Rosa Palm Bert, CA 92260 Lei NOV 2 91982 ENVIRONMENTAL SERVICES C'TY OF PALM DESERT 0 n N`VI i (35?${1W' ®ff TA:,-n.,rm ti MMIT� - o 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 -�; J� ;�� ��___� P 2.y ro P� SENDER AAdra �c�� ��� Rcflised� Irsuftic k°pj•n n SwlS str� e � one so, e h o!h[. not [en stat, m" i J n this e I NOV 2 9 1982 ENVIRONMENTAL SLHVtGLS CITY OF PALM DES-KT Resident 73-470 San Rosa Way Palm De rt, CA 92260 NOV IYF IS 27S PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 NOV 7 ', 1982 ET TRDryt:., $GIRONMENTAL SERVICES SENDER CITY OF PALM DESERT PEW. 73-4$5 Santa Rosa Pal Desert, CA 92260 i, r.EU Unr!a,mndP,._hised__ Add;,"ft IGSuItiC;enl AAdres; NO such sheEa.__number No SUCh offle, fr sf,te_� Dn not remaJ in a,a cns.Mnv of 0LA S� � t v c--� 1 Nam:■ 1 Aan d1_a-.�a-.�u1, 45-2T5 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92290 NOV 2 5 1982 FE, ENVIRONMENTAL SERVICES ' —� \--�- CITY OF PALM DESERT RE%,U"1 Resi nit 73-56 Santa Rosa Palm esert, CA 92260 Unclaimed_ F.:r.w__ Address F. Insuthm„; _ No such c;�•.., No such ct.`ke it On not remil .i x 45.275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 5 Santa Rosa Desert, CA 92260 , r Nov F 8' L_�'���. U F� � TO SENDER .J REASON Cn ECKED Unclaimed_ Rah;sed_ InsuOicibnt Add:uss No sorb str'ot—_mnnf No s._� in s:nte_ :. i in this envelops /5-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 NOV 2 91982 C�TyOF PALM DESERT SERVICES �!/ ' TU4�ER SEN REASON GIiLLb CJ Unclaimed__ Rrhr- d A drersne Ir.s'x, N, \; Nc e J4 Do nul n D � -Al� Re ident 7 475 Santa Rosa P Im Desert, CA 92260 'ter k 0 45-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA 9225 SEK'Oas DESERT NOVI9 FAW 73-528 to Rosa Palm Di6sert, CA 92260 �yETURNFO TO SENDER REASON Unctelmed_ Refusetl__ Add:c,ee wdamwn IG,ufhcm:it Address NO Such Sfreet__OPothn Nu 06 n"t Oily c->1 �-�:• 1 rni )R)cticzr�t. 45475 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 P SOy OO MtR C� Reside 73-54 Fred Waring Drive Pal Desert, CA 92260 �r; 12 91982 Nr � `F Ntii N BERViC�S U)crti<rr�t, 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 . f V h6Jlutlt iC c'� i'-J+� .fit • Resident e r 73-525 Fr�ert ring Drive y� Palm 7, CA 92260 ,-!� 9 ]Q9?