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Home My WebLink AboutSUPPTL INFO - Case No. 07-369 LI � Y �lF PHI ��I � � SE � � 73-5�o FREC) WARING DRIVE i P,qL.�1 [�ESERT, C.ALIFURVIA 92260-257$ rE�: �60 346-06�� f F�,r: 76o 34i-7oq8 I infuC?palm-�csrrc.orq March 29, 2007 Ray Elmer Vanalstine c% Mark Bessire 725 Brea Canyon Road, #6 Walnut, California 917893072 Case No. 07-368 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 #he 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 notrce. Thrs enables you arrd yo�r neighbors to mainta�n 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 office at (760) 346-0611, ext. 477. �.. I , . /�� =u1� Pedro Rodriguez Senior Code Comp iance Officer ,.�<<, ,..,�..�, � � rY iJ � , � 1 �� j � . � ~ � � � � : � I 73-510 FRED WARING DKIVE � P.AL�t DF.SERT, CALIFORNI:\ 92260-25�5 TEL: 760 346—o6i� � Fnx: 760 34i-7oq8 infoCti��alm-drscrc.org ORDER TO ABATE A PUBLIC NUISANCE May 3, 2007 Mr. Ray Elmer Vanalstine 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 � ' / � -zo �� Pedro Rodriguez Senior Code Compliance Officer cc: Mr. Mark Bessire, 430 South San Dimas Avenue, San Dimas, CA 91773 C11Y Of Pfl � (� OESERI � ... . ......,. f i w wt� 6 . , ; manufactscrrd housing managtrnrnt and inv�stmtnt� May 14, 2007 Rachelle Klassen City of Paim Desert City Clerk's Office 73-510 Fred Waring Dr. Palm Desert, CA 92260-2578 Re: Palm Desert Mobile Estaies— 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. Piease 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. 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 Municipa{ 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 would be required. 6. Because the City of Paim Desert operates under rent control this could affect the 144 lower income families of Palm 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 Apri127, 2007 to Pedro Rodriguez, City of Paim 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 • � City of Palm Desert City Clsrk's O�ce Palm Desert Mobile Estates—Appeal of Order to Abate a Public 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 only 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 our storage area and with no notice to anyone, not even a call, the Water District in one day took down all the trees along 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 o�ce could contact me with directions on how to move forward with the appeal process, that would be a big help. If you have any questions, I can be contacted at: Bessire & Casenhiser, Inc. 430 S. San Dimas Ave. San Dimas, CA 91773 Phone: (909) 594-0501 / Fax: (909) 594-5272 Sincerely, � 6' � Mark Bessire Property Manager MB/bm mb0514brn • cc. Pedre Rodr�guez. City of Palm Desert Code Enforcement � Barbera Ven A�stme Mike Mihelich,Attorney at Law 10-OS >> ; : Y � � a � � ;�� :� �: ;; - , I 73-5io FRED WARINC; DRIVE PALM nE�ERT, Cnt.tFc�tt[vt.� qzz6o—i578 � TEL: 76o ;q6—o6�� i � F.�x: 76o 34i-7oq8 infoCw 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 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 � ir .. �, u,�� o�-�� 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: T'his 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 tamazisk 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-ihird 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 rnanufactu�rd housing managem�nt and inv�stments 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 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 Portofa 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 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 you 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 ImprovemenY' 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 controi 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 woufdn'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, `,. Mark 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 Works Pedro Rodriguez,Senior Code Compliance Officer 10-05 � � C { TY OF Pfll �l OESERI 73-510 FRED WARINC DRIVE � PALM D[SERT, CALIFC)RNIA 92260-2578 TEL: 760 346-06�� Fnx: 76o 34i-7oq8 � infoCpalm-desert.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, Califo�nia 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 al( the recreational vehictes 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 Departrnent 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. �irrioann.,ic��ni 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 PR � I� OESERI .�.,..�:-.�,,,� ..:,�, . r? ;.�.t�l i�r � �iT 'r C'�RK '��OFFICE ;',�,:��' �ESEF T, Cl`. manufartured housing managemrnt and inve.ctm�nts ��i SFP 2 ( P�1 2: 22 September 19, 2007 Rachelle Klassen City of Palm Desert City Clerk's Office 73-510 Fred Waring Drive Palm DPsert, CA 92260-2578 Re: Palm Desert Mobile Estates — Case No. 07-369 Appeal 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 complaint's 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 � facility, even at a loss of revenue and offering to try and help mitigate our neighbors concerns. �`"`� zo.. r *x':z.-�•� � . ��'.r��Q9-594-0501 • Fax 909-594-5272 • 430 South San Dimas Avenue • San Dimas, CA 91773 Rachelle Klassen, City Clerk Pa/m Desert Mobile Estates—Case No. 07-369;Appeal ol 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�i� Mark Bessire Regional Property Manager MB/bm db0919bm cc: Pedro Rodriguez,Senior Code Compliance OKcer 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 �.a.c.hell��. K l�x��v 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