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Home My WebLink AboutCase No. 07-369 - M.Bessire/PDME 12-13-2007 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Authorization to negotiate an agreement and solicit bids to provide a landscape buffer between the Palm Desert Mobile Estates and the Palm Valley Storm Channel, and to suspend enforcement action on a Notice to Abate for 60 days pe ' f s id a reement. SUBMITTED BY: Lauri Aylaian NfE�T'IfdG DA'i'E /a ' /�—�'��,�,. , Director of Community Developm nt,..� �1 CONTIl�U�D7Q � - ( C - U� APPLICANT: Mr. Mark Bessire C] PkS��D ZQ 2?d�RE��I��G Palm Desert Mobile Estates DATE: December 13, 2007 Recommendation: That the City Council, by minute motion: 1. Approve a landscape-only approach to screening the recently-exposed north face of the Palm Desert Mobile Estates RV storage area; 2. Authorize staff to negotiate a three way cost sharing agreement between the City of Palm Desert, the Coachella Valley Water District (CVWD), and Palm Desert Mobile Estates, and authorize Mayor to execute same; 3. Appropriate necessary funds for the project in an amount not to exceed $15,000 to Account No. 400-4614-433-4001; 4. Suspend enforcement action and continue hearing of appeal of Notice to Abate for sixty days pending successful resolution of the issue; and, 5. Authorize the City Manager to dismiss the Notice to Abate upon execution by all parties of cost sharing agreement. Staff Report Palm Desert Mobile Estates Landscaping/Screening Agreement December 13, 2007 Page 2 of 6 Executive Summary: Approval of the staff recommendation would result in the planting of a natural landscape screen on the north side of the Palm Desert Mobile Estates, along the south side of the Palm Valley Storm Channel, and the dismissal of code enforcement action against the mobile home park. The landscape material should provide solid screen within four years. The cost of the landscape installation would be shared between the City, CVWD, and Palm Desert Mobile Estates. I. BACKGROUND: On October 25, 2007, the City Council directed staff to attempt to negotiate an agreement between CVWD, Palm Desert Mobile Estates, and residents of the Chaparral Country Club that would result in installation of a fence and landscaping to screen the Chaparral residents from a view of the mobile home park that was exposed by CVWD's removal of mature tamarisk trees on the south side of the Palm Valley Storm Channel. The exposed view of a portion of the park, that portion that stores recreational vehicles (RVs), is also the subject of a code enforcement action against Palm Desert Mobile Estates, since the municipal code requires that RV storage areas be screened from public view. II. POSSIBLE SOLUTIONS: Three possible solutions to the screening issue have been identified by the various involved parties. No solution is perfect; each solution has strengths and weaknesses. They can be summarized as follows: Solution Pros Cons Install a chain link fence Complete visual screening Most expensive solution with a fabric wind screen almost immediately. Solution is ($100K; City's share $40- and landscape plant favored by the Chaparral 50K). Fabric screen is likely material residents to become tattered and unsightly over time. Screened chain link fence will be unattractive, especially in such a large expanse. Public Hearing is required if ARC will not approve use of chain link fence. Chaparral residents would not artici ate in cost Staff Report Palm Desert Mobile Estates Landscaping/Screening Agreement December 13, 2007 Page 3 of 6 Strict enforcement of the No hard costs to the City. Soft Mobile home park could code compliance action costs (legal fees) are possible. potentially gain compliance by moving RVs to south side of the park, which would still leave mobile homes exposed to view. Even screening RVs in their current location will leave a portion of the mobile home park exposed to public view. Installation of native plant Cost of the screen is shared Landscape screen will take material without a fence equitably between three parties: about four years to grow in City, CVWD, and Palm Desert fully Mobile Estates. City's share should be $10,000 or less. Naturalistic landscape screen will be an attractive buffer for the lon term III. STAFF RECOMMENDATION: Staff recommends the third option described above: installation of irrigation, shrubs, and small trees that will create a natural landscape buffer in several years. Discussion with the various parties involved indicates that CVWD and the Palm Desert Mobile Estates will likely share equally in the costs with the City. Neither the Chaparral HOA nor the residents are willing to participate in the cost of the work. However, the residents there can easily and economically block their view of the mobile home park and RV storage area by installation of several trees on their own (north) side of the channel. (See photos beginning on Page 5 of this report.) With the concurrence of the City Council, staff proposes to finalize an agreement between the parties under which: • The City will solicit bids and award a contract to install irrigation plus 200 five-gallon shrubs and small trees on CVWD's property on the south side of the channel. • CVWD will install an irrigation meter to provide water for the landscaping. • Palm Desert Mobile Estates will pay the ongoing water bills for irrigation of the landscaping. Staff Report Palm Desert Mobile Estates Landscaping/Screening Agreement December 13, 2007 Page 4 of 6 • Tamarisk trees growing from the roots and seeds of the trees that were removed will be allowed to grow along with the new landscape material. The plant material will not be pruned, and will be left to fill in as a natural- looking, living screen. Palm Desert Mobile Estates will be responsible to maintaining the landscape at this level. • Each of the three parties will contribute to the cost of the work. Palm Desert Mobile Estates has committed to contribute a minimum of $5,000 if this solution is acceptable to the City Council, and if the code enforcement action is halted. Additional financial participation, so as to match the amount contributed by the City and CVWD, will be requested by the property manager but must be approved by the owner of the mobile home park. Staff estimates that with equal sharing, each of the three parties would pay approximately $10,000. In no case should the City's portion exceed $15,000. Submitted By: Lauri Aylaian Director of Community Development Approval: Appr Homer L. Croy Paul Gibson ACM for Dev ent Services Director of Finance Carlos L. Ort a City Manager Staff Report Palm Desert Mobile Estates Landscaping/Screening Agreement December 13, 2007 Page 5 of 6 �, � , �,�.w. , � �� ;,`� � ��,. �� " -�„ f.nary1T��,`.}"'�,'�"".�.'�, ,.�.. i'�.: .hy �� .^",�',.,+'�: �;�� k I Mc�:yp� . ,..5 �... :� x� E.t � � �1 �° � �� ' 4. � ��.� �,v � �"�'' �� '� � �� y. �: � �.€��'A�p� � �y.:" ��;�� 'R � ; 9 r � 1 � �� r� � �.,��i, � ,�r •:�,—�^n�t ��^� s+ �� A � � —'� � � � v �a.� 1 k ' ��'� � ��a�; s y � ��p,S a �r� �. �`." ;� �" �' ''` r�[��rt��7�,��'�ss"bra 8� a " ; ;k�x „ , � �'� �"�'"t �e,: a' +� `�� he ' � .�.�.a N"�.�'' �z�s � �"?4� a � w +� �'`�, rd w.gWa�.. ��"... x '° i �¢ . �.: �' a r r�,E��x � .ru ..,�.P,. 'd� �'' . . �a� � �' "3 � a �' , � ,:'^ � 79Y� a 4 7. � . .x,�� r � 'C.... �rs`t.� . , , . � . , , .. , . .. . � . ��:��ti`` . ,. . . If the RV storage area (at right) is screened, the remainder of the mobile home park will still be exposed to view from Portola Avenue. N .,. „ � ., .,a � ,ti �,..6 ��b,.,. �:� ��„�;��,� "��_� � �.•�;��° "� ' :�� ,�� .� � _ ,r�� x j � ��';��,� �..r, ��. � -� . _ ,� � `` �� "� ; , �:� .: , ,� �, a � : :: � � .. _ , . .� � ;, � � . �: �� . aw a. �� „�,._.c,,. �,�„�,�,�.�,...��._ � :aNi+aM N^}r�.,..�iq.v.�, y}°��N . . '^��-w.�»r..�`:SgM..+F. . . - �4Wa3pS�Md4 Addition of several trees by Chaparral on the north side of the channel would complete the screening from their development of the mobile home park and RV storage area. Staff Report Palm Desert Mobile Estates Landscaping/Screening Agreement December 13, 2007 Page 6 of 6 � �:�yr,s "k f"„'�5��' Y �" " �� $� +� � � s��'� "`TP .r" ��t � . � , � �� a�t,�' �d" �+g� .� . Yd`P >t; w � r /�99 f��Y.*��i'fi� �x'�"%5�'i"� ,ry'; "�' �d � m��1�// 5k� ., � x . ,a,.`. ,, „, � ; ., . - . ,, ..- „'*. ,,, d; � < ,�. ., „ ��itl��;.,t�m�"' .... .. . . . .. . �" .. ��1 y �n� . . � .+�ia� '" �i +h,'� .. . . �{ '� .�� , . . , �'y"t :�sY . .,.. _-,._ i4�,'�,.,ta.. � � , .w;e+a ,M»a�.S''^'�w t {t+;r � . . . .;1 h�,�,�,. » ,6` . � � Ye � .... „ r" ' �,T��. xe�� 'o� � ...u.� q , � ' :� ,� x:. w � . �� .. ;,r P . , . ... m. � ,.�» � '�: . .... .. ' ,.a�'A, � 'i, ."� _.:. . �.a, A .. _,. . ..� .. ,.> ..�.sY��?�. .. . . �.,'�•rgt . � ��.s,,. Staff believes that the expanse of fence and screen (15' high and 1,350' long) needed for this application would present an unattractive solution. This photograph shows a chain link fence with tan coloured wind screen material. MEETING DATE I L� "�� I � �-� 7 . CONTINUED TO _ I�` ' ��`7 _ C - l ❑ PASSED 70 2ND READINp �� CITY OF PAL DESERT � � Department of Commu STAFF RE ��NG DATE �Q '- �S`�� . CONTINUEDTO �� —�� / ❑ PASSED TO 2N0 READiNG REQUEST: Uphold the Code Compliance Division's determination that Palm Desert Mobile Estates be required to remove a non-permitted recreational vehicle storage area and associated tent canopies, and/or obtain a Conditional Use Permit and a business license from the City to operate the storage area. SUBMITTED BY: Pedro Rodriguez Senior Code Compliance Officer DATE: October 11, 2007 SUBJECT: Appeal from Palm Desert Mobile Estates APPELLANT: Mr. Mark Bessire Palm Desert Mobile Estates CONTENTS: Site Map Photographs Recommendation: Uphold the Code Compliance Division's determination that Palm Desert Mobile Estates be required to remove a non-permitted recreational vehicle storage area and associated tent canopies, and/or obtain a Conditional Use Permit and a business license from the City to operate the storage area. Backqround: Palm Desert Mobile Estates, situated on the SW corner of Portola Avenue and the Whitewater Storm Channel, has been renting spaces in a storage area on the north perimeter of their property to recreational vehicle owners who do not reside in the mobile home park. The storage area was previously screened by tamarisk trees which Staff Report Palm Desert Mobile Estates Page 2 of 4 October 9, 2007 were located on land owned by the Coachella Valley Water District. The storage yard was considered an existing non-conforming use due to the screening provided by the tamarisk trees. Chapter 25.22 of the Palm Desert Municipal Code allows recreational vehicle storage areas within mobile home parks with an approved Conditional Use Permit. The purpose of such a Conditional Use Permit is to stabilize and protect the residential character of the area and promote a better living environment. The Coachella Valley Water District removed the trees from their property after receiving numerous complaints from Palm Desert Mobile Estates that the trees were a hazard. The removal of the trees exposed the recreational vehicle storage yard maintained by Palm Desert Mobile Estates to public view from surrounding properties. Residents of a neighboring development, and some members of the public at large, have objected to the now-exposed storage area. Recreational vehicles not regulated as to parking or storing on private property interfere with the appearance, health, safety, and general welfare of the community. Citizens have a right to enjoyment of property and protection of property values. The City has made multiple attempts to gain the cooperation of the property manager, Mr. Bessire, and to bring the property into compliance with the municipal code or to negotiate a resolution that mitigates the public nuisance. Those attempts have not been successful. The only commitment Mr. Bessire has agreed to is to provide one-gallon plants and a drip irrigation system for the cost of $3,000 including continued maintenance of the plants. Mr. Bessire stated he intended to then pass this capital improvement cost onto his residents through the rent control review process. Chronoloqv: Below is a chronological list of the events leading to issuance of the Notice to Abate to Palm Desert Mobile Estates for failure to comply with Chapter 25.22 of the Palm Desert Municipal Code. January 30, 2007: The City began to receive numerous complaints regarding the exposed recreational vehicle storage area. February 9, 2007: Staff contacted Palm Desert Mobile Estates and met with Mr. Bessire to discuss the required screening for the storage yard. Staff explained to Mr. Bessire that he could either remove all the recreational vehicles from the storage yard or provide screening pursuant to Chapter 25.22 as it outlines the requirement for a Conditional Use Permit. C.\Documents and Sefl�ngs\prodnguez\Local Settings\Temporary Intemet Files\OLK14\Palm Desert Mob�le Estates.doc Staff Report Palm Desert Mobile Estates Page 3 of 4 October 9, 2007 February 15, 2007: Staff and Mr. Bessire met with the Palm Desert Planning Department to discuss screening options for the storage yard. Mr. Bessire received additional information regarding the screening requirements. He agreed to submit a landscape plan to the City for review. March 29, 2007: No action on behalf of Mr. Bessire. A letter was mailed requesting he submit a landscape plan to the City for review and approval to screen the storage yard. April 23, 2007: Mr. Bessire submitted a landscape plan proposing to install a drip irrigation system and install one gallon plants every five feet along the entire 1,359 lineal feet of fence line on the north perimeter and maintain on a regular basis. The City rejected the landscape plan and Mr. Bessire was informed and he needed to revise the plans. May 3, 2007: An "Order to Abate" was mailed to Mr. Bessire due to his failure to submit a revised landscape plan to the City. May 17, 2007: The "Order to Abate" dated May 3, 2007 was rescinded due to negotiations between the City, Coachella Valley Water District, and Mr. Bessire. Mr. Bessire reported that he would not commit to any of the negotiations unless he was allowed to pass on the cost of the capital improvement to his residents through the rent control review process. July 30, 2007: Mr. Bessiire, ACM Homer Croy, City Manager Carlos Ortega, and Pedro Rodriguez met in the City Manager's office to discuss a proposal of sharing the cost of screening the storage area with the City and Coachella Valley Water District. August 9, 2007: A letter was mailed to Mr. Bessire as a follow up to the meeting held on July 30, 2007, outlining the proposal to screen the storage yard and share the cost. August 13, 2007: Mr. Bessire responded to the letter dated August 9, 2007. He did not commit to the proposal, and reiterated that he would only negotiate and possibly commit to an agreement if he were allowed to pass this cost on to his residents. September 17, 2007: An "Order to Abate" was mailed to Mr. Bessire requesting the removal of all recreational vehicles from the storage area along with the canopy tents, or apply for a Conditional Use Permit and obtain a city business license. September 19, 2007: Mr. Bessire filed an appeal to the "Order to Abate" with the City Clerk's office. C-\Documents and Settings�prodriguez\Local Sett�ngs\Temporary Intemet F�les\OLK14\Palm Desert Mobile Estates tloc Staff Report Palm Desert Mobile Estates Page 4 of 4 October 9, 2007 Conclusion: Because of Mr. Bessire's persistent failure to comply with the Order to Abate and to mitigate the public nuisance presented by the unscreened view of the RV storage area at the Palm Desert Mobile Estates, staff recommends that the issuance of the Order to Abate be upheld by the City Council. Submitted By: �� .�ifLic.; ��m�G Pedro Rodriguez Senior Code Comp nce Officer Approval: �� , . . ,�� Hart Ponder Lauri Aylaian Code Compliance Mana er Director of Community Development .LG�� Homer Croy Carlos Orte ACM Develop nt ervices City Manager C.\Documents and SeUings�prodnguez\Local Setungs\Temporary Internet F�les\OLK14\Palm Desert Mob�le Estates tloc E� � "3 +# �' � �� r d§ r � .a ' .��- _ �� . � � � � � �� 'a � �, ° �` - �} � # �p 3 r ` �� "�. t �} � ;� � ;�� `�.� � LL� � � � � �� ; �� l. q'i �� s �� ''� � . +��`E` ;�� ' �� ."� �� , r.� � � - �...w A � ,# �, � �p� � . ,� s y �'4�" 5 . ; � �, e.; . ). - . . . ��,*� �. e u4.� . p i x` �l1�ta .i. s, i ' : s; . � . , . ,�. f ' }�� 4 � � �� y h � � � . # t� 9 } � ! . ? �i �. . , o-i ` �; �p , t •�. .: � �do i t 4 fl 4t ^,p � ' 4 �' ��y`"� " � #`� ��¢�� d p..� � � t� �3$. �i?'. i�n . . ��: �,�zi � .F � v t .��q. t�: �� f� �`'�'y ,4� ,.q#' f � �.�� ... Y ' ' ..,. 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'�� - POr<, 'vL.�-� �v' _ ,. ,,; � ,,: �„ r , , . „„ , . . _�= ,- � � ,; � � IY � � Pfl1 �11 �] � � ERI . 73-5�o FRru Wntti*�� DRIVE PAI..�f DESERT, CnLiFok�r�� qzZ6o—z578 TEL: 76o 346—o6it '� FAX: �60 34i-7oq8 i nfoC+�palm-drserc.o rg March 29, 2007 Ray Elmer Vanalstine c/o Mark Bessire 725 Brea Canyon Road, #6 Walnut, California 917893072 Case No. 07-369 Dear Mr. Bessire: It has come to the City's attention that the condition(s) listed below exist on your property located at 43101 Portola Avenue, also legally known as APN No. 622-150-008. The City is requesting your cooperation in correcting the following item(s) in order for your property to be in compliance with Chapter 8.40 of the Palm Desert Municipal Code. The City is requesting that you submit a landscape plan for review and approval to screen the recreational vehicle storage yard located on the north perimeter of your property. As previously discussed, your options are to submit a landscape plan to screen the storage yard, or remove the storage yard from the property. We appreciate your assistance in resolving this issue within the next thirty (30) days from receipt of this notice. This enables you and your neighbors to maintain your property values, and enhances the quality of life in your neighborhood, as well as for the City of Palm Desert. Thank you in advance for your cooperation. Should you have any questions, please contact our o�ce at (760) 346-0611, ext. 477. �_ I , , /�� ,� / =�y� ' Pedro Rodriguez Senior Code Comp iance Officer ,�,�,�.�,.,:,.,�,.„� � � � jY � � � � i �� .j �.. � : � � � 73-5to FRED WARING DRIVE PAL�t �ESERT, CALIFORtiIA 92260-25'JH TEL: '760 ;q6—o6�� r,�x: 76o 34i-7o98 infoC�palm-desert.org ORDER TO ABATE A PUBLIC NUISANCE May 3, 2007 Mr. Ray Elmer Vanaistine Ms. Barbara Vanalstine c/o Mr. Mark Bessire 725 Brea Canyon Road, #6 Walnut, California 91789 Case No. 07-369 Dear Mr. and Mrs. Vanalstine: 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 43101 Portola Ave, also legally known as APN No. 622-150-008. In order for your property to be in compliance you must install landscape material along the North Perimeter of your property that will screen the recreational vehicle storage area. Before commencing any work, you must first submit a landscape-screening plan to the city for review and approval of the proposed plant material. Should you fail to submit a plan to screen the recreational vehicle storage area, will result in the city ordering the complete removal of the non-permitted recreational vehicle storage area from the property. 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 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. �,,�.,,. �..,w, 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. 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. 477. rel � ' / � �10 �'� Pedro Rodriguez Senior Code Compliance Officer cc: Mr. Mark Bessire, 430 South San Dimas Avenue, San Dimas, CA 91773 C11Y � f Pfl � (� DESERI 1^�•rF�ii'-I:l'f.:::`%I� t ; `� _ A, ,�'t` 4 , •:i manufactured hou.ring manag�ment and inv�stment� May 14, 2007 Rachelle Klassen City of Palm Desert City Clerk's O�ce 73-510 Fred Waring Dr. Palm Desert, CA 92260-2578 Re: Palm Desert Mobile Estates— Appea/of Order to Abate a Public Nuisance Case No. 07-369 Dear Ms. Klassen: We are in receipt of the Order to Abate a Public Nuisance letter dated May 3, 2007 and (received on May 11, 2007) that was mailed to us by Pedro Rodriguez Senior Code Compliance Officer for the City of Palm Desert and have the following comments. 1. Please change your records to reflect that Mr. Ray Van Alstine passed away years ago. 2. Please change your files to reflect we are located at 430 S. San Dimas Ave., San Dimas, CA 91773 and our offices have not been at 725 Brea Canyon Rd., #6 for over 7+ years. 3. ln that the Mobile Home Park was built in the 1960's and has always been operated as a Mobile Home Park with a storage area, we do not feel that this is a non-permitted storage area that can be ordered to be removed. 4. We do not feel that the Park falls under Palm Desert Municipal Code Chapter 8.40 that Pedro Rodriguez P.D. Code Enforcement referenced in his request letter dated March 29, 2007. 5. The type of screening that the Planning Dept., is requiring the Park to install to the North Perimeter fence will cost well over $60,000, and in addition the on- going cost to maintain and water the trees and plants that wa�uld be required. 6. Because the City of Palm Desert operates under rent control this could affect the 144 lower income families of Palm Desert Mobiie Estates that these cost would be passed onto. 7. In trying to be a good neighbor we have submitted a landscape plan on April 27, 2007 to Pedro Rodriguez, City of Palm Desert Code Enforcement and Tony Bagato, City of Palm Desert Planning Dept. that the Park owner would pay for with no pass through to the residents of Palm Desert Mobile Estates, this was denied. 909-594-0501 • Fax 909-594-5272 • 430 South San Dimas Avenue • San Dimas, CA 91773 r ' City of Palm Desert City Clerk's Office Palm Desert Mobile Estates—Appeal of Order to A6ate a Publ�c Nuisance; Case No. 07-369 May 14, 2007 Page 2 8. Please keep in mind that the history of the trees that were removed even when Chaparral Country Club owned the property was that they were never maintained on a regular basis. The on{y time anything would be done is if we contacted the property owner to complain. With this in mind, in December 2006, we once again contacted the Coachella Valley Water District which we have done many times in the past to take care of the Health and Safety issues that their trees were creating to aur storage area and with no notice to anyone, not even a call, the Water District in one day took down afl the trees afong the 1,350 ft. of our North perimeter fence. With the above mentioned we respectfully would like to Appeal the Order to Abate that was dated May 3, 2007 and (Received on May 11, 2007) Case No.07-369. If somebody from your office could contact me with directions on how to move forward with the appeal process, that would be a big he{p. If you have any questions, I can be contacted at: Bessire & Casenhiser, Inc. 430 S. San Dimas Ave. San Dimas, CA 91773 Phone: (909j 594-0501 / Fax: (909) 594-5272 Sincerely, � �� Mark Bessire Property Manager MB/bm mb0514brn • cc: Pedro Rodriguez, City of Palm Desert Code Enforcement � Barbara Van Alstine Mike Mihefich,Attorney at Law 10-05 �� . � Y � � � � � ,�� :�. � :� � i 73-5io FRED WARI:�G DRiVE PAL.M DESERT, CALIFnRN1;� q2260-2578 i TEL: 760 346—o6i� � r•,�x: 760 34i-7oq8 infoC�palm-dcscrt.org May 17, 2007 Mr. Mark Besire, Property Manager c/o Bessire and Casenhiser, Incorporated 430 S. San Dimas Avenue San Dimas, California 91773 Subject: Notice of Order to Abate /ssued May 3, 2007 Case No. 07-369 Dear Mr. Bessire: This is in response to your letter dated May 14, 2007, wherein you request to file an appeal for the Order to Abate that you received for property address, 43101 Portola Avenue, Palm Desert, California. In an effort to foster goodwill befinreen all parties concerned, the City hereby rescinds the Order to Abate dated May 3, 2007. No further action will be required on your part in relation to this rescinded notice to abate. Thank you in advance for your cooperation. Should you have any questions, please contact our office at (760) 346-0611, ext. 477. Sincerely, � `�,��-- �,� ----------- ___..___ ____..._ Hart H. Ponder, Jr. Code Compliance Manager cc: Richard S. Kelly, Mayor Sheila Gilligan, Acting City Manager Homer Croy, Assistant City Manager for Development Services Amir Hamidzadeh, Director of Building and Safety Rachelle Klassen, City Clerk David Erwin, City Attorney Pedro Rodriguez, Senior Code Compliance Officer ,� ,. ,,, �,:, C0�-�� August 9, 2007 Mr. Mark Bessire Regional Property Manager Bessire and Casenhiser, Inc. 430 South San Dimas Avenue San Dimas, California 91773 Dear Mr. Bessire: This letter is a follow-up to the meeting in my office on July 30 with you, Homer Croy, Assistant City Manager for Development Services, and Pedro Rodriguez, Senior Code Compliance Officer concerning the City's request that Portola Mobile Estates participate in solving the aesthetic problem created by CVWD after removal of the tamarisk trees that served to screen the recreational storage area. As I stated at the meeting, even though it is the City's position that this is a matter between Portola Mobile Estates and the Water District as a result of prior agreements, I would be willing to recommend to the City Council that the City participate financially in putting in trees to screen the recreational storage from both the Portola Bridge and Chaparral Country Club. To reiterate my proposal made at the meeting: The Water District, Portola Mobile Estates, and the City would share equally in the installation of a drip irrigation system and trees of sufficient size to assure that in a very short time the trees would screen the recreational area. Your previous letter dated July 23 to the City indicated that you would commit to paying for the irrigation system and for 1-gallon plants. As you related in the meeting, this was not acceptable to the Planning Department. My proposal stated that the City, the Water District, and Portola Mobile Estates would split the cost of the construction for the drip irrigation system and trees based on a one-third share of the cost. Our current estimate is that this will be approximately $75,000. Mark Bessire Page Two August 9, 2007 In addition, we would request that you maintain the trees after they are planted. Recent conversations with Water District management leads me to believe that they would probably also provide the water for irrigation. I am planning to take this agreement to our City Council for consideration at its' regularly scheduled Council meeting of September 13, and would appreciate your response as soon as possible. If this proposal is acceptable, my recommendation would be that the City would not pursue the abatement of the recreational storage. We would still want to inspect the storage area to make sure that it is maintained in a manner acceptable to the City. Sincerely, CARLOS L. ORTEGA City Manager CLO:kr cc: Homer Croy, Assistant City Manager for Development Services Pedro Rodriguez, Senior Code Compliance Officer Mark Greenwood, Director of Public Works � � � � A manufactu�rd housing management and inv�stmentr August 13, 2007 Mr. Carlos L. Ortega City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: Pa/m Desert Mobile Estates— Fence Line Dear Mr. Ortega: First of all, would you please change your records to show that I am the Regional Property Manager for Palm Desert Mobile Estates, not Portola Mobile Estates as indicated in your letter dated 8/9107. In response to your letter of 8/9/07, where you propose the City of Palm Desert, the Water District, and Palm Desert Mobile Estates split the cost of the construction for the drip irrigation system and trees based on a one-third share of the cost, estimated cost approximately $75,000, we have the following comments. 1. As yau are aware we did agree to install a new irrigation system and plant 1 gallon plants every 5 feet along the 1,400 feet of our north perimeter fence line at an estimated cost of $3,000. We are still willing to incur that expense with no pass through to the residents of Palm Desert Mobile Estates. 2. However, if you want Palm Desert Mobile Estates to participate on a ��3 - ��3 - ��3 baSIS, we must request that we be allowed to pass through these costs to our residents in the form of a "Capital fmprovement" pass through under your local ordinances. If allowed Palm Desert Mobile Estates will also agree to maintain the new trees on an on-going-basis, with the assistance of the Water District supplying the water. 909-594-0501 • Fax 909-594-5272 • 430 South San Dimas Avenue • San Dimas, CA 91773 Mr. Carlos L. Ortega;City Manager(City of Palm Desert) Palm Desert Mobile Estates—Fence Line August 13, 2007 Page 2 As you are aware, your rent control ordinance has kept our rents substantially below market for years and to now expect our owner to spend $25,000+ would be an unreasonable request. 3. If the Water District and Chaparral Country Club would have taken care of the trees when it was their responsibility, we wouldn't be faced with this current dilemma. � Again, the ownership of Palm Desert Mobile Estates is more than willing to work with the City but there must be some ability for ownership to pass along these unexpected costs. Sincerely, �,,..� Ma�(c Bessire Regional Property Manager MB/bm mb0813bm cc: Barbara Van Alstine Mike Mihelich,Attorney at Law Homer Croy,Assistant City Manager for Development Services Mark Greenwood,Director of Public Worlcs Pedro Rodriguez,Senior Code Compliance O�cer 10-05 � CITY Of PRI �I DE5ER1 ' 73-5�o FRED WARING DRIVE PALM DESER'i', CALIFORNIA 92260-2578 I TEL: 760 346-06�� Fnx: 760 34i-7oq8 infoCpalm-deser[.org ORDER TO ABATE A PUBLIC NUISANCE September 17, 2007 Mr. Mark Bessire Regional Property Manager c/o Palm Desert Mobile Estates 430 S. San Dimas Avenue San Dimas, California 91773 Case No. 07-369 Dear Mr. Bessire: 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 43101 Portola Ave, also legally known as APN No. 622-150-009. In order for your property to be in compliance you are required to: • Remove all the recreational vehicles and the canopy tents from within the non- permitted recreational vehicle storage area along the north perimeter of the property or, • Submit an application to obtain a Conditional Use Permit from the Planning Department for the recreational vehicle storage area. • Upon approval of a conditional use permit you will be required to obtain a City business license for the operation of the recreational vehicle storage yard. .r nnr[onqo;uonnt 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 September 28, 2007 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. If you do not abate the conditions or appeal its determination within the specified time period, the City will proceed with legal action with the City Attorney's office. 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. 477. Si cerely, -�� , ��% /\�- �� Pedro Rodriguez Senior Code Compliance Officer cc: Carlos Ortega, City Manager Attachments: C11Y Of Pfl � l� DESERI .�.�,�,,,��,�:�.::,�, � _. � �c.�:��`��: ; � `�1T Y C�ERK 'S OFFICE �'LN DESEF T, CA manufactured bousing management and inve.rtments 21'��SF� 2( PM 2: 22 September 19, 2007 Rachelle Klassen City of Palm Desert City Clerk's Office 73-510 Fred Waring Drive Pa!m Desert, CA 92260-257$ Re: Palm Desert Mobile Estates— Case No. 07-369 Appea/of Determination of Order to Abate a Public Nuisance Dear Ms. Klassen: Please consider this our formal appeal to Mr. Pedro Rodriguez's September 17, 2007 Order to Abate a Public Nuisance that was received on September 18, 2007. Please advice as to the process. Our grounds for appeal are: 1. Current use has been in place for over 30 years. 2. Request would cause a possible reduction in service claim. 3. If we are forced to close our RV storage facility, it would affect the NOI of the property and cause us to file for an increase in base rent to our existing residents / homeowners. 4. As you are aware, the City of Palm Desert does not allow homeowners to store RV's on residential lots. This closure would cause a hardship on those currently using our facility. 5. A ten (10) day notice to abate is totally unreasonable because we have contractual obligations with the existing users. 6. As the City is aware the only thing that triggered concerns over this property use, of over 30 years, was the complainYs of our neighbors at Chaparral Country Club of their new views caused by the removal of some hazardous trees by Coachella Valley Water District, that even Chaparral Country Club failed to maintain when they owned the property. As the City is also aware we have been working with you to try to alleviate some of our neighbors concerns by forcing the unsightly storage out of the Q facility, even at a loss of revenue and offering to try and help mitigate our neighbors concerns. �TM a i�, t�.,;.�:,> - ��3�1-0501 • Fax 909-5945272 • 430 South San Dimas Avenue • San Dimas, CA 91773 axa•r.. Rache//e K/assen, City C/erk Palm Desert Mobile Estates—Case No. 07-369;Appeal of Determination of Order to Abate a Public Nuisance September 19, 2007 Page 2 7. We feel we are in compliance with our original use permit that did allow for the placement of mobilehomes and a storage area that is typical in all mobilehome parks built during the era of Palm Desert Mobile Estates. Thus, will all City mobilehome parks be put on abate notices if they have similar storage areas or are we being singled out with selective enforcement? Again, please advice as to the appeal process. Sincerely, i�s� Mark Bessire Regional Property Manager MB/bm db0919bm cc: Pedro Rodriguez,Senior Code Compliance O�cer Carlos Ortega,City Manager Mike Mihelich,Attorney at Law 10-06 Klassen, Rachelle From: Klassen, Rachelle Sent: Monday, September 24, 2007 9:02 AM To: Croy, Homer; Aylaian, Lauri; Ponder, Hart; Rodriguez, Pedro Subject: Appeal of Public Nuisance Order- Bessire Importance: High Attached is the subject Appeal, received by my office on September 21. ',.�� Bessire 07-369.PDF Za�c;ltieU,�i D. Kl��e�vv City Clerk City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 (760) 346-0611, Ext. 304 F: (760) 340-0574 rklassen@ci.palm-desert.ca.us 1 10/19/2067 16:20 9995945272 B & C PAGE 61 N C�) . � �� .-:.r .�—G Q r-- . � _ ,.-�-:`s ' �3ESSiRE AND CASENHlS�R, If�1C. —' �"-'-' . rnanrc�csarrd hoxsirrg nrmag�Rsrt a�ad i�nicsZ�srnts . � ��i�,� v��t__._ m - - � �`�fri _ ,C�,"9 _ � r �i ,� �.� . Faa Cov rsheet . a �rn '• Racheile Klassen �'� Mark Bessire (7B0)340-0574 10 Including Cover Phone#: (7g0)346-OB11 oate: October 19, 2007 ��: Palm Desert Mobite E�tafes — R�sponso to S�tsff Report � Please rEview ❑ Per your requPSt [a Please calf t�d)scuss � For your file If yoa do not receive all the pages, please call us at (909)�59r4-0501 � If you have any questions, please give me a call af (909) 594�0501. ' 430 South San Dimas Ave., San Dimas, CA 91773 • j9�9) 594•0501 • Fax: (809) 594-�5272 Received Oct-19-O7 04:27pm From-8095845272 To-CITY OF PALI� DESERT PaQa Q2 19/19/2007 16:20 9095945272 B & C PAGE 02 � � a��Q�� ,�� r��--�a�� . � � � rnans��zcs isr�horarirtg mnxagemens atsd tntArstn�na . October 19, 20d7 � � � City of Paim Desert � Atf,ention: Rachell� Klassen � � City Cierk's Office � � � . 73-510 Fred Waring Drive � . Palm Desert, CA 92260�2576. . . .-.��e: � �Palm Dese,r!'.Mobi/e Es�tates--�R�spor�se �t+o� Staff Report on'Nofice to Abefe , . .�.� . ' � APPee!fmm Palm Deserf�Mobile �stai+es . Ta Whcm It May Concern: ' . � ln�response.��o the sf�ff•r�prart that• .was�submittsd�by'Peiirci..Rndriguez Se�1io�'Gode � . . � � . . Complianct Officer on Octotier 11, 2007, we�+ueuld like to�add: � � � .: �, . � <; . : . , . , . . . , . . Resnnnse to Recommendstion: � ' � We`�Peel that Palm Desert M�bile Estates storage area has always been a permitted use • . / artl�nity that was covered under the original Condi#ianal Use Permit t}iat was filed with the Eounty of Riverside over 40 years ago. � �esnonse � Bacl�around: � Over the years Palm Desert Mobile Estates had fio put Chaperral�Country Club on notice then CVWD, upon their acquiring of the property, as to tF�e hazard.these Tam&�risk trees were �ausing. They wvuld then send out a crew ta trim just�naugh to eliminate the problems. fn December of 2006�Palm Desert Mobile Estates once again contacted the CVWD to let them know it wa� time to take care of there trees, and with NO PR10R NOTICE TO ANYONE the 1,400 feet of 40 foot Tamarisk iree�were removed within two days. Mr;�Rodriguez states that; the�only �ommitme�t Mr. Bessire has agreed to is to provide one-gallon plants and a drip irrigation system for the cost o�$3,�OQ including continued maintenance crf the plaints. Tfien Mr. Rodriguez continues with; Mr,. Bessire stated he int�r�ded to then pass this capital improvement cost onto his �esidents through the rent coritrol review proces�. This is an incor�ct statement, as y0u can see by the attache� I�tter that was sent to Mr. Rodriguez on April 23, 2007 (see affachmen� we had t10 A infention to pass through the abo�e mentioned costs to the residents of PDME. � "ti"'"<,r, 1'-;a•:r"Y 'i�?:'�'.L�+^�' ��"��.fii�i • ^ "•""+ yx� .r � t:-- �,4�- ,�.��6,, �3c ,:r4+:i�',+aa.x:�re'�;otad':�i+`s �9-�:"`�LRiq�"'eWi�S' . _� :�. �'i�,�� '.ih`EF!r,t� � '� Received ,Oct-18-07 04:2Tpm Fram-8095945272 To-CITY OF PALM DESERT PaQe 03 18/19/2007 16:20 9095945272 B & C PAGE 83 Cfq��af Pe1m DeseR ' . Atrontian:Rachelle K�essen;Cl�y Clerk's Office pelm D�Bert MoDlls EBtates—Resportae to Staff Roport on ivoNcc to atietp Appeal irwn PNm Desert Mabile E$tates . Octobsr 19,2007 . . P�ep� . . � Res��onse, to Chronolos�icsi List of Eventg: . From February 15, 2007 to March 29, 2007 Mr: Rodriguez stat�s that; there has been . . ' no action on�behalf of Mr. Bessire, V11e.disagree, in that i contaeted F'ete Vasquei code � enforoement officer from the Department of Housing and Community Development and had him meet with myself and.Mr. Rodri�uez at PDME an�March 8, 2007 to discuss the jurisdictian issues and what roll they play in regards to the storage area, � � May �4, 2007: PDME Appeal of Order to Abate was sent fo Rachelle Klassen from the , Clt� CI21'k's Office. Attached you will find a copy of the appeal letter dafed May 14, . � 2007. (see�aftachmenf) � . � � � May 7�y, 2007: PDME received a letter from Hart M. ponde�, Jr. Code Compliance M9nage�for the City of Palm Desert that rescinded the 4rder.to i4babe tF�af was dafed f�7ay 3, 2007, (see ettached) Mr. Ponder also stated Ehat; nc further�action will be required from PDME in rela�ion to fhe rescinded notice to abate, in addition Mr. � Rodriguez states that; the OI'der to,Abate dated May 3, 2007 was rescinded due to nega�iations between the City, CWVD, and myself, This is inco�rect, i was not aware that 1 was involved in any negotiations during this tfine. From May 3, 2007 to July�26, . 2007 I was no#involved in any negotiations or discussions in �egat�s to the stol�ge area.� � . . Julyx6, 2007: PDME was contacted by.ptrone by Mr. Rodriguez and he informed us that Carlos Ortega the City Manager would like.to have a meeting on July 3�; 2�07 to . discuss the PQME storage area, which we agreed to. � Au�ust 93, 2D07: We did go on record dated August 13, 2�07, (see attached 1e�91') � that was sent fo Carlos Ortega, City Menagsr that we were even willing to instal) the � required �wall but also went on record we would be requesting the Rent Review . Commission for a Capital Improvement pass through fo�this governmental required. �improvement, lt should also b.e noted if you restric� us.from having monthly storage � �entals, it will effect Palm Desert Mobile Estates bottom Iine NOI which then would be cause for a second�Rent Re�iew Commission he�ring resulting in higher rents for the lowe't;incom� residents of Palm Desert Mobile Estates. Conctusion: � ' Palm Desert fUlobile�Estates has always operated with a permitted storage area since its conception, we feel that the deri�ands that are now being placed on us to remove the storage area or put up screening along the 1,400 feet of fence line at a cost of$25,DD0 to $10D,040 p)ws continu�l mnintenahce is unr�asenable at this time. , Recaivad Oct-19-07 04:27pm From-8095945272 To-CITY OF PALI� DESERT PaQe 04 10/19/2007 16:20 9095945272 B & C PAGE 04 C(�y ofPalm Desert , . , • Attentlon:l4ar.imlle 1Gsas�n�Gb'CJork'�olfiee Pakn Dess►t Mobn.Estates—Raspo�se to 5tafi`ReDOI't on Noties b Ab9te AppBel fmm Pe/m Dese�t Moblie Estetas Octoberl8,2007 . � �. , , Pags 3 � . It should also be noted that when the City vf Palm Desert passed a local ordinance to . not allew RV's to be kept at single family homes thst is when we wel'e asked to allow non occupants area residents tQ rent RV spaces at Palm Desert Mobile.Estates: � . We are more than willing to work with the City and our neighbo�s bwt there must be a middle ground in that all we ever asked for was for the neighbors to kaep their trees ' trimmed_ . � Sincer�ly, • ' . i�� . , . � ' Mar4c'Bessire � . . � Regional PropeFty Manager . , . . neen�m ' . mb7018bm , ' , Attaclimant9: Copy of a 8 C letter dated an310�(1 pg.) • � � ' Copy of B 8�C teiter dated 5/14l07(2 pQs.) . ' . coPy o��cer trom cay of Ppim p000rt dsbd��ro�(� P9.) , . Copy o!B a C lettor deted BI13/07 G2 p08•) . cc: Rieharei S.Kelly,Mayor and Ctly Counsel • � Hart Ponder,Code Compllance Meneger � Ped�o Roddpuaz,Senior Code CompliBnCe Omcar Nomer Groy,ACM DevelopmQ�t 3eerviocs Carloa OI'b�+gA,C1ty Manager . Laurl�Aylaian,Directcr af Community I]avelopment � • Da�ld Erwin, Cky Attomey � 1�-OS • � Raceived Oct-19-OZ 04:2Ppm From-8085845272 To-CITY OF PALM DESERT Pa�a 05 10/19/2007 16:29 9095945272 B & C PAGE 65 . ' . . , . . .� . � i � . � -�---w--,�,.-�—. . , . �;_. , . • , ,�C��`~'�D'r`, � � �1 i.'_. y"";'a•..ii:!�[;'•�;^.�,;� l;.•ft;.� . 'YiL��Jo' yr'.li .; ' �.��,•;�. . ,-.,'!� ; " � . manuf�zc�rsrcd horesi�g�ta�ragrmcat,ana!invaimen�s • . � August 13, 2QQ7 � . � . � � Mr. Carios L. Ortega � • � � � Cit�r Manager � . � � . .� . � . City�of Palm Desert � � . 73-510 Fred Waring Drive � � . Palm Desert, CA 92260-2578 � � • � . Re: Palm Desert IlMobi/e �'.sta�es -- Fence Line � pear Mr. Ortega: ' , Firsf of all, would you please change your records to show that 1 am the Regional �Property Manager for Pa_Im Deser�Mabile Estates, not Po�tola Mobile Estates • as indicated in your letter d.ated 6/9107. � ' In response to your lettcr�of 818I07, where you propose the City of Palm Desert,� �the Water Distric�, and Palm Desert�Mobile Estates split the cosf of the construction for the drip irrigatian system and trees based on a�one third share of the�cost, estimated cost �pproximately $75,000, we have the following , ' comments. , � . . '!. As you a�e aware we did agree to ihstall a new lrrigatfon system and plant 1 galfon plants every 5 feef along the. 1,400�feet af our north perimetet � fence line af an esfirnated cost of$3,000. � . . We are sfill willing to incut that expense wikh no pass through to the �. residents vf.Palm Aesert Mobile Estafes. . 2. However, if you want Palm Qesert Mobile Estates to par�icipate on a � '�3- '/a- '/3 basis, we rnust request that we be allowed to pas's through � these casts to our residents in�the form of a "Capital (mprovement° pass through under your local ordinances. If allowed f'alm Desert Mobile Est�tes will slso agree fo main'Ealn the new trees on an an-going-basis, , with the�assistance of fhe Water District supplying the water. . �'•'.^7:;'�;1.:=�":'.•i'i...:in' ••iiG➢i�i��i��riwV�w-�'r:rL.;Yhri'K'�itiA:��•r�l'�ln.'._ .in'n�r_.�.1. n-•- 1'hl----:i..----- -:n__./1!_.'��_'.nA•,n�'��%�• � .. • . � . . � Raceived Oct-19-OT Q4:ZTpm From-909594527Y To-CITY OF PALM DESERT Pa�e 06 10/19/2097 16:20 9095945272 B & C PAGE 06 Mr� Garlos L, Ortepe; Cify Manogcr(C/ty of Pelm Dosert) ' � . Pelm Desert N9obfla Pmtetos—Fence Line � Aupusf 93, 2007 � Psee 2 , . As you are aware, your rent control ordinance has kept our rents � � � substan#ially�below market for years and to now expect our owner to spend $25,000+ would be an unreasonable request. 3. If the Water District and�GhapaRal Country Club would hays takert oare of the trees wF�en it was their responsibility, wa wouidn't be faced with this current dilemma. � Again, #he ownership of Palm Desert Mobile Estates is more than willing to work , � with the City but�there must be some abifity for ownership to pass along these unexpected costs. ' . Sincerely, 6. _-- . . M�rk Bessire � � Regional Prvperiy Manager � � • M�Ibm � ' mb0613bm . ca: 9arb�re Van Alstlne ' Mike Mihefich,Attomey at l.aw . • Homer Croy,Aaslstent Glyr Manager fo�peval0pment Senri�es Mark Greenwoad,Dlrector oi Puhltc Wotka . Petlro RodnBuez,Senlo�CoCe Gompllence Oftlser ' . 1 Q05 Received Oct-19-O7 04:27pm From-9095945272 To-CITY OF PALN DESERT PaQe 07 10/19/2007 16:29 9095945272 B & C PAGE 67 �rtx� a � cuut ' -� � Cl � Y 0 � Pfl �. f� D � � � R1 � 73�5�o FxED WnanvG Dn�vE �� . �, �ALM AES�RT, Cf�I.IPORt�rrw gzz6o—:.5i 8 ' r�,: �bo 34b--obia ; �Ax: �60 36�-7og6 iAf;oC�p�lm-deaert,oeg ' • May 17, 2007 Mr. Mark Besire, Property Manager � . . �% Bessiro and Casenhiser, Incorpocated 430 S. San Dimas Avenue � San Dimas; Califomia 91�73 Subject: Notice of Order fo Abate lssved May 3, 200� Cas�No, 07-369 ' � . Dea� Mr. Bessira: This is in response to your letter dated May 14,.2007, wherein you request t�file an ' appeal for the Order to Abate that you recelved for property address, 43101 Portola. Avenue, Palm Desert, California. • . � in an effort to foster goodwiil between all patties concemed, the City hereby rescinds the Order to Rbate datec! May 3, 200'�. Na further action will,be required on your part in relatiot1 to this res�inded notice to abate. Thank you in advance for yaur cooperation. Should you have any questions, please cvn#acE our office at (760} 346-0611, eXt. 477. � Sincerely, ' � \��\\� �� , . Ha�t H. Ponder. Jr. , Cade Compliance Manager � .. cc: Richard S. Keily, Mayor Sheila Gilligan, Acting City Manager Homer Croy, Assistant City Ma��ger for Development Services � Amir Hamidzadeh,�Director of Buifding and Safety . Racheile K(assen, Cit�r Clerk � David Erwin, Gity Attar►�ey P�dro Rodriguez, Senior Code Compliance Offi�er . ' ' • '�II�pIC70d1Ml�. Received Oct-19-07 04:2Tpm Prom-A0958452T2 To-CITY OP PAII� DESERT PaQe 08 10/19/2907 16:20 9695945272 B & C PAGE 08 � ...; ' , . � . � . ' Gr�� • A . ,�, ''T�,.. L'^ 'p� rf� 'r' .!�t . . G'Ir�Ib��NLr �Zl] ��I�rf `�Y,lw��•�V��ti.�Y.�� I1'��'�.�.� � manufac�srad houring rnanrtgement and invulm�nts � May 14, 2007 � • . Rachelle Klassen ' � � Gity of Palm Desert � . � Ciiy Cferk's 4ffice � . � 73-5�0 Fred Waring Dr_ " . Palm Desert, CA 92260-2578 ' � � .Re: Palm Desert MobiJe �states—Appeal of Order�to AbaYe a Public Nuisance � Case No, 07�3$9 Dear Ms..Klassen: � � � . , We are in receipt of the Order to Abate a Pubiic Nuisance letter dated Majr 3, 20�7 and (received on May 11, 2007) that was mailed ta us by Pedro Rodriguez Senior Code � Compliance�0fficer for the City of Palm Desert and have the foilowing�comments. 1. Please ch.ange your records to reflect th�t Mr. Ra�Van Alstine passed away years aga. � ' ,2. Please change your files to refilect we are (ocated at 430 S. San Dimas Ave., San Dimas, CA 91773 and vur vffices have nvt been at?25 Br�a Canyon Rd., #B for � � over 7+ years. 3. In that tt�e Mobfle Hame Fark was built in the 1960's and has always been � operated as a Mobile Home park witfi a storag� area; we do�not feel that this is a non-permitted storage area that can be ordered to be removed_ 4. We da not feel that the�Park falls under Palm Desert Municipal Code Chapter � , 8,40 that Pedro Rodriguez P.D. Code Enforcemenf referenced in liis request letter dated March 28, 20Di. � � . 5. The type of screening that the Planning pept., is requiring the Parlc to install.to the North Perimeter fence wilf cost wsll over$6Q,000, and in addition the on- going cost to maintain and water the irees and plants that would be required. 6. Because the City of Palm Desert operates under rent control this could affecti the � 4dF4 lower income families of Paim Descrt Mobile Esfiat�s that thes� �ost woufd be passed onto. � ' � 7. In trying to be a good neighbor we have submitted a fandscape plan on April 27, � Z007 to Pedro Rodriguez, Cify of Palm besert Code Enforcement and Tany � Bagato, City of Palm Desert Planning Dept. that the Park owner would pay for with no pass through to.the residents of palm De�ert Mobile Estates, this was denied. . ,. . . ...., .... , ., �:��::::,., .,._ ,., . ., . . _. . . . , _ ,,;.,::;;"::•`. ;.-:..,:: ',`'�:�t19�A=�0.1.»��Fax�09�a�94 SZ7�2:�=�43A;Soufh',san:`L�itixas:,A - �-;�... , . .. . ,,. . ,.,, ...�.......:....: :�... .:...,;. : ; .... ,.. . _. . .._.. , . . ,_ .... ,.. , :.,-. .._�::......_ .. . . ... . ,.. ,... ... •.... . . ,. ... .. .: .. .ven�re�.:�an:Dimas �ii�A�7�?��3:��.�. . . . . ..... . .... .._.�. _,:._. . . '.. . . : ..: , ... � . . .: _ _. :_�:... _..___......,,�.....,.. Received Oct-19-O7 04:27pm From-9095845272 To-CITY OF PALI� DESERT PaQe 09 16/19/2007 16:20 9695945272 B & C PAGE 09 �City�ofPelm Desert � � . Gty C/crfr'a Office � Palm Desert Mobile 6states—Appea!of Oroler to Abste a,PubUc Nuisance; Case No. 07�6A . • Mey 14, 2007 . � . Pege 2 , 8. Please keep in mind that.the history of the trees that were removed even when . �Ghaparra� �Gountry Club awned the,property was that they were�never maintained . . on a regular basis. The only time anything would be done is if we.confiacted the � � � � prqperty owner to complain. With this in mind, in December 2006, we once again contacted the Coachella Valley Wat�r District which we have d'one many �imes in � . the past to take care e�the Health and Safe4y issues�that their trees were � . • creating to aur storage area and with no notice t� �nyone, not even a call, the . Water pistrict in one day took dawn all the trees along the �,350 ft. of our North perimeter fence. . . � , � With the above menfioned we respectfully would like to Appeal the Or�der to Abate thaf wa�s dated May 3, 2007 and (Receivc�d on May 11, 2007) Case No.07-369. If somebody�from your offi�e couid contact me with directions on how to move forward � . with the appeal process, tl�at would be a big help. � � If you, have any questions, I can be contacted at: Bassire 8� Casenhiser,.lnc, � � 430 S. San.Dimas Ave, San Dimas, CA 91773 � Phone: (9Q9) 594-0501 1 Fax: (909) 594-�272 �. .. . � � Sincerely, . . � � � Mark Bessire � �Properly Manager ' . MB/brti � , mb0514hm , oc: Podro RodrlgueL,Clty vf Paim Desort Coda Ertfp�ement Bsrbera Ven Al�Una � Mike Miheli�h,Atiorney st Lew � , � . � ' 16-05 ' Recelved Oct-18-O7 04:27pm From-8085845272 To-CITY OF PALM DESERT Pa�e 10 Z0/19/2007 16:20 9095945272 B & C PAGE 10 ' , ' '. � . ' . ' �, ! . �� . � . � � � �iESSe�� :�ih�J�3 ��F��tIS�P� ➢�1�. � . . ,. .. marrufacturrd hvusir�g mana,grnient and i�vc:rnunsr' � Apri123, 2b07' � ' � . . . � . . , . � Mr. Pedro Rodriguez . �. � � � � . � �. � � Cify of palm Desert �� . . .� . . � �73-b90 Fred Waring Drive , � � , . � �. . . � . Palm Desert; CA�92260-2578. . � � � � . � .� � Re: Palm Dese�'t Mobfle Estates— P�posed P/anifng along Stor�ge Area Fence Line . � pear Mr. Rodriguez: � ' �. . � . � . . � � In that we still cannot see where the st�crage area at Palm DeserE.Mobile'�states falls � under the Goda Sectian�y4u referenced ir� your letter dated Nfaroh 2�9,.2007, i.e., �� . , � Chapter 8.40 of the Palm Desert Municipal Code—�and ther� has been�no response to . � our letker dated April 4, 2007, we respectFully propose the following, with•no pass . � . through of cost to oWr 144 IQwer jRcome families of Palm Desert Mabile Estaties. . in an effort fo remain�a good neighbor with the surrounding communrties, Palm�Desert. � . � � Mobile �Est�fi�s proposes to install.a drip syst�m�and ptant.1 �gal. T�comaris Capensis ; (CaRe Honeysuckle) every 5 ft. the'entire 1,358.37 ft. af tHe north perimeter fence line of the storage area and maintain it on a regular basis. �ee Attachment. � � . I�this is acceptable, we look forward to your written apprQval so we can start work as� soon as possible. . , � • � . • �� . � Sincerely, � , . , • �. �%� . � � , . � • . i�� , , . Mark Bessire � � � � � � . Propertiy Manag�� - . �MBlbm � � : . , • ' mbD423bm . , . , , AttaChmen� Palm Des@rt Mcblle Eslates Map depl�ting fenea Ilne ', '�c: � 1UIts.�arbare Ve�Alsttn� , . . , , � Dlck Besslre ' ' . � � Mlke Mlhe(l�h,Attomey at t.aw � ' �aos � h � -r ' '��.."�L . .r�°�''�p;�,'.!.�" . �� ' P, t��..+�"' � � � �e'�.��R`.�WI'+je.,�,,�/��i • . tiiii�l '��w..�'.L.l.uv:�•�-•� Raceived Oct-19-07 04:27pm From-90958452T2 To-CITY OF PALN DESERT PaQe 11 � . r �-r�. .�1 i,�"1 A i\l.l.�l '! LV r;T Y �^L�i=K'S OFFICE p�,±�; QcSERT, CA manufactured housing management and inve.rtments 4fl�� T 22 pN 2: 29 October 19, 2007 City of Palm Desert Attention: Rachelle Klassen City C/erk's Office 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: Palm Desert Mobile Estates— Response to Staff Report on Notice to Abate Appea/from Pa/m Desert Mobile Estates To Whom It May Concern: In response to the staff report that was submitted by Pedro Rodriguez Senior Code Compliance Officer on October 11, 2007, we would like to add: Response to Recommendation: We feel that Palm Desert Mobile Estates storage area has always been a permitted use / amenity that was covered under the original Conditional Use Permit that was filed with the County of Riverside over 40 years ago. Response to Backqround: Over the years Palm Desert Mobile Estates had to put Chaparral Country Club on notice then CVWD, upon their acquiring of the property, as to the hazard these Tamarisk trees were causing. They would then send out a crew to trim just enough to eliminate the problems. In December of 2006 Palm Desert Mobile Estates once again contacted the CVWD to let them know it was time to take care of there trees, and with NO PRIOR NOTICE TO ANYONE the 1,400 feet of 40 foot Tamarisk trees were removed within two days. Mr. Rodriguez states that; the only commitment Mr. Bessire has agreed to is to provide one-gallon plants and a drip irrigation system for the cost of$3,000 including continued maintenance of the plaints. Then Mr. Rodriguez continues with; Mr. Bessire stated he intended to then pass this capital improvement cost onto his residents through the rent control review process. This is an incorrect statement, as you can see by the attache letter that was sent to Mr. Rodriguez on April 23, 2007 (see attachment) we had no � intention to pass through the above mentioned costs to the residents of PDME. ,�,,,�r Y� . ^ `j : 909-594-0501 • Fax 909-594-5272 • 430 South San Dimas Avertue � San Dimas, CA 91773 �s'�.,;< City of Palm Desert Attention:Rachelle K/assen;City Clerk's OHice Pa/m Desert Mobile Estates—Response to Staff Report on Notice to Abate Appea/from Pa/m Desert Mobile Estates October 19, 2007 Page 2 Response to Chronoloqical List of Events: From February 15, 2007 to March 29, 2007 Mr. Rodriguez states that; there has been no action on behalf of Mr. Bessire. We disagree, in that I contacted Pete Vasquez code enforcement officer from the Department of Housing and Community Development and had him meet with myself and Mr. Rodriguez at PDME on March 8, 2007 to discuss the jurisdiction issues and what roll they play in regards to the storage area. May 14, 2007: PDME Appeal of Order to Abate was sent to Rachelle Klassen from the City Clerk's Office. Attached you will find a copy of the appeal letter dated May 14, 2007. (see attachment) May 17, 2007: PDME received a letter from Hart H. Ponder, Jr. Code Compliance Manager for the City of Palm Desert that rescinded the Order to Abate that was dated May 3, 2007, (see attached) Mr. Ponder also stated that; no further action will be required from PDME in relation to the rescinded notice to abate. In addition Mr. Rodriguez states that; the Order to Abate dated May 3, 2007 was rescinded due to negotiations befinreen the City, CVWD, and myself. This is incorrect, I was not aware that I was involved in any negotiations during this time. From May 3, 2007 to July 26, 2007 I was not involved in any negotiations or discussions in regards to the storage area. July 26, 2007: PDME was contacted by phone by Mr. Rodriguez and he informed us that Carlos Ortega the City Manager would like to have a meeting on July 30, 2007 to discuss the PDME storage area, which we agreed to. August 13, 2007: We did go on record dated August 13, 2007, (see attached letter) that was sent to Carlos Ortega, City Manager that we were even willing to install the required wall but also went on record we would be requesting the Rent Review Commission for a Capital Improvement pass through for this governmental required improvement. It should also be noted if you restrict us from having monthly storage rentals, it will effect Palm Desert Mobile Estates bottom line NOI which then would be cause for a second Rent Review Commission hearing resulting in higher rents for the lower income residents of Palm Desert Mobile Estates. Conclusion: Palm Desert Mobile Estates has always operated with a permitted storage area since its conception, we feel that the demands that are now being placed on us to remove the storage area or put up screening along the 1,400 feet of fence line at a cost of$25,000 to $100,000 plus continual maintenance is unreasonable at this time. City of Palm Desert Attention:Rachelle K/assen;City C/erk's O�ce Pa/m Desert Mobile Estates—Response to Staff Report on Notice to Abate Appea/from Pa/m DeseR Mobile Estates October 19,2007 Page 3 It should also be noted that when the City of Palm Desert passed a local ordinance to not allow RV's to be kept at single family homes that is when we were asked to allow non occupants area residents to rent RV spaces at Palm Desert Mobile Estates. We are more than willing to work with the City and our neighbors but there must be a middle ground in that all we ever asked for was for the neighbors to keep their trees trimmed. Sincerely, i�%�� Mark Bessire Regional Property Manager MB/bm mb1019bm Attachments: Copy of B 8 C letter dated 4/23/07(1 pg.) Copy of B 8 C letter dated 5/14/07(2 pgs.) Copy of letter from City of Palm Desert dated 5/17/07(1 pg.) Copy of B 8 C letter dated 8/13/07(2 pgs.) cc: Richard S.Kelly,Mayor and City Counsel Hart Ponder,Code Compliance Manager Pedro Rodriguez,Senior Code Compliance O�cer Homer Croy,ACM Development Services Carlos Ortega,City Manager Lauri Aylaian,Director of Community Development David Erwin,City Attorney 10-05 I; � ,.� � � � r��.`,��C .��'°��P �'f'Y��`��fl��,.; ��'+:��..e manufact:cred housing management and investments Aprii 23, 2007 � Mr. Pedro Rodriguez City of paim Desert 73-510 Fred Waring Drive ' � Pafm Desert, CA 92260-2578 Re: Paim Desert Mobile cstates — Proposed P/anfing along Storage Area Fence Line Dear Mr. Rodriguez: in that we still cannot see where the storage area at Pa{m Desert Mobife Estates faifs under the Code Section you referenced in your letter dated March 29, 2007, i.e., Chapter 8.40 of the Paim Desert Municipal Code — and there has been no response to our letter dated April 4, 2007, we respectfully propose the foilowing, with no pass � through of cost to our 144 lower income families of Pafm Desert Mobiie Estates. ' In an effort to remain a good neighbor with the surrounding communities, Pafm Desert Mobile Estates proposes to instafl a drip system and plant � gal. Tecomaria Capensis (Cap�e Honeysuckle) every 5 ft. the enfire 1,359,37 ft. of tiie north perimeter fence line of the storage area and maintain it on a regu{ar basis. See Attachment. ' If this is acceptabfe, we iook fiorward to your written approval so we can start work as soon as possible. Sincerely, � � Mark Bessire Property Manager MB/bm mb0423bm Attachment: Palm Desert Moblle Estates Map depicting fence line � ac: Mrs.6arbara Van Alstine � Dicic Bessire � Mike Mlhelich,Attorney at Law 10-05 r^--nc-� �7-]*Tt^ �xw^-y�ca^ te�r +F2-n-^(�'"�,C'�^�(�-"7,1�1�*[�1 . �/y�'','ST^�. L zz.-• . ..R..,ti .- .-� . . - '-�.. y �,��Y_ 1' u.'7M'y�1�1��U..Y�.�7�+3��f"FF.7o��L1'San�t�a�:Aa�.elr.�e��1I��fZS��J � ,�-I��J '-'. •--...a._._..._...�.u..,,..._��c.i;� } ��..,d�aia'�"'.�.'a,...� ��ui�•:�.ar�d..1��r.:1�Y2,.4�:.::��..4_��:..�.+ 'u``.=i.1.i.G:.�dr.sy,: :r. .��S.H.�:..'•�.....r!._...:.rj.�'::r� � . .. - ..._,. .. . _. " �u�+..v,.��........... � �. �� -. ..�,..._._-____. � _� �I ..�: � .��. '_.— _ �:s .�:_ _ I, �. I � . . J L . . ... � manufactured housing management and investments May 14, 2007 Rachelle Klassen City of Paim Desert City Clerk's Office 73-510 �red Waring Dr. Palm Desert, CA 92260-2578 Re: Palm Desert Mobile Estates— Appea!of Order to Abafe a Public Nuisance Case No. 07-369 Dear Ms. Klassen: We are in receipt of the Order to Abate a Public Nuisance letter dated May 3, 2007 and (received on May 11, 2007) that was mailed to us by Pedro Rodriguez Senior Code Compliance Officer for the City of Palm Desert and have the foliowing comments. 1. Please change your records to reflect that Mr. Ray Van Alstine passed away years ago. 2. P{ease change your files to reffect we are located at 430 S. San Dimas Ave., San Dimas, CA 91773 and our offices have not been at 725 Brea Canyon Rd., #6 for over 7+ years. 3. in that the Mobile Home Park was built in the 1960's and has always been operated as a Mobile Home Park with a storage area, we do not feel that this is a non-permitted storage area that can be ordered to be removed. 4. We do not feel that the Park falls under Palm Desert Municipai Code Chapter 8.40 that Pedro Rodriguez P.D. Code Enforcement referenced in his request ietter dated March 29, 2007. 5. The type of screening thafi the Pianning Dept., is requiring the Park to install to the North Perimete:-fence wiff cost well over $60,000, and in addition the on- going cost to maintain and water the trees and plants that woufd be required. 6. Because the City of Palm Desert operates under rent control this could affect the 144 lower income families of Paim Desert Mobile Estates that these cost would be passed onto. 7. In trying to be a good neighbor we have submitted a landscape plan on April 27, 2007 to Pedro Rodriguez, City of Palm Deser� Code Enforcement and Tony Bagato, City of Patm Desert P4anning Dept. that the Park owner would pay fior with no pass through to the residents of Palm Desert Mobi{e Estates, this was denied. "909-5:94.0501 �-•:Fax:909-594=52Z?•+ 43O:Saufh San Dimas�Avenuew 5an Dimas,`CA 91T73 City of Palm Desert City C/erk's Offrce Palm Desert Mobile�states—Appea/of�rder to Abate a Fublic Nuisance; Case No. 07-369 May 94, 2007 _ Page 2 S. Please keep in mind that the history of the trees that were removed even when Chaparra! Country C{ub owned the property was that they were never maintained on a regular basis. The only time anything would be done is if we contacted the property owner to camplain. With this in mind, in December 2006, we once again contacted the Caachel{a Vafley Water District which we have done many times in the past to take care of the Health and Safety issues that their trees were creating to our storage area and with no notice to anyone, not even a call, the Wa#er District in one day took down all the trees along the 1,350 ft. of our North perimeter fence. With the above mentianed we respectfu{ly would like to Appeal the Order to Abate that was dated May 3, 2007 and (Received on May 11, 2007) Case No.07-369. If somebody from yot�r office could contact me with directions on how to move forward with the appeal process, that would be a big heip. If you have any questions, { can be contacted at: Bessire & Casenhiser, Inc. 430 S. San Dimas Ave. San Dimas, CA 91773 Phone: (909) 594-0501 I Fax: (909) 594-5272 Sincerely, � �`/�� ' - �� Mark Bessire � Property Manager MB/bm mb0514bm cc: Pedro Rodriguez, City of Palm Desert Code Enforcement Barbara Van Alstine Mike Mihefich,Attorney at Law 10-05 t�IHI g � �UUI `� CI � Y OF Pfllf�l DESE � � j,` �, 73-5�o F�tED WARING DxIVE ��r I PALM DESERT, C.t�.tFoxrrin 9zzbo—z578 - i �L: 76o 346—o6ii Fax: 760 34i-7o98 infoC�palm-descrt.org May 17, 2007 Mr. Mark Besire, Property Manager c/o Bessire and Casenhiser, Incorporated 430 S. San Dimas Avenue San Dimas, California 91773 Subject: Notice of Order to Abate Issued May 3, 2007 Case No. 07-369 Dear Mr. Bessire: This is in response to your letter dated May 14, 2007, wherein you request to file an appeal for the Order to Abate that you received for property address, 43101 Portola Avenue, Palm Desert, California. In an effort to foster goodwill between all parties concerned, the City hereby rescinds the Order to Abate dated May 3, 2007. No further action will be required on your part in relation to this rescinded notice to abate. Thank you in advance for your cooperation. Should you have any questions, please contact our office at (760) 346-0611, ext. 477. Sincerely, \��\\�� Hart H. Ponder, Jr. Code Compliance Manager cc: Richard S. Kelly, Mayor Sheila Gilligan, Acting City Manager Homer Croy, Assistant City Manager for Development Services Amir Hamidzadeh, Director of Building and Safety Rachelle Klassen, City Clerk David Erwin, City Attorney Pedro Rodriguez, Senior Code Compliance Officer , yrou�aucrmiw , � � � � �,� � _ .. i s.... -'J` __ . . � . ;�i manufact:tred housing management and inveatments August 13, 2007 Mr. Carlos L. Ortega City Manager City of Palm Desert 73-510 Fred Waring Drive � Palm Desert, CA 92260-2578 Re: Palm Desert Mobile �states — Fence Line Dear Mr. Ortega: First of all, would you please change your records to show that { am the Regionai Property Manager for Palm Desert Mobile Estates, not Portola Mobile Estates as indicated in your letter dated 8/9/07. In response to your letter of 8/9/07, where you propose the City of Palm Desert, the Water District, and Paim Desert Mobile Estates split the cost of the construction for the drip irrigation system and trees based on a one-third share of the cost, estimated cost approximately $75,000, we have the follow'►ng comments. 't. As you are aware we did agree to install a new irrigation system and plant 1 gallon pfants every 5 feet along the 1,400 feet of our north perimeter fience iine at an estimated cost of$3,000. We are still willing to incur tha� expense with no pass through to the residents of Palm Desert Mobile Estates. 2. However, if you want Palm Desert Mobile Estates to participate on a � '/ - '�3 — ��3 basis, we rnust request that we be allowed to pass through these costs to our residents in the form of a "Capital Improvement" pass through undsr your local ordinances. If allowed Palm Desert Mobile Estates will also agree to maintain the new trees on an on-going-basis, with the assistance of the Water District supplying the water. __ _ _ an4_�Qe._nsni�.:c�.,onn ��„ t��, _ .,.,» �_ :, .. � _ Mr.. Carlos L. Ortega; City Manager(City of Palm Deserf) Palm Desert Mobile Estates—Fence Line August 13, 2007 Page 2 As you are aware, your rent control ordinance has kept our rents substantially below market for years and to now expect our owner to spend $25,000+ would be an unreasonable request. 3. If the Water District and Chaparral Country Club would have taken care of the trees when it was their respansibility, we wouldn't be faced with this currenf dilemma. Again, the ownership of Palm Desert Mobile Estates is more than wilfing to work with the City but there must be some ability for ownership to pass along these unexpected costs. Sincerely, �.-- , Mark Bessire Regional Property Manager M8/bm mb0813bm cc: Barbara Van Alstine Mike Mihelich,Attomey at Law Homer Gr�y,Assistant City Manager for Development Services Mark Greenwood,Director of Pubfic Works Pedro Rodriguez,Senior Code Compliance Officer 10-05