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Home My WebLink AboutSR - Case No. 07-369 - M.Bessire/PDME - - .�...�,-,-,....�,,.:,.�... �.......�„ !�,==1�1t�G pAT�� L "�� ! ._��_1_� L_��'�iTI+�UrD T0� �`� .- � ._l_._ .�..�,.�.._..__ .__.... ❑ PASSEp Tp 2Np R�1�fAiG �� CITY OF PAL DESERT �-� � � Department of Commu STAFF RE oRT �� /� '`�S`b / —J CONTIPdUED TQ �� —�� / i� PASSED TO 2t�0 READING REQUEST: Uphold the Code Compliance Division's determination that Palm Desert Mobile Estates be required to remove a non-permitted recreational vehic(e 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 Sett�ngsWrodr�9uez\Locai Sett�ngs�Temporary Internet F�ies�OLKt4\Paim Desert Mob�ie 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 antl Sen�ngsW�odr�guez\Locai Setdngs�Temporery internet F�Ies�OLKt4�paim Desert Mob�le 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: '�� ---� , �:%r,!«; �CmC'L � Pedro Rodriguez Senior Code Comp ce Officer Approval: . .�,� �\� , . � Hart Ponder Lauri Aylaian Code Compliance Mana er Director of Community Development � .� Homer Croy Carlos Orte ACM Develop nt ervices City Manager C�Documents and Sett�ngs�proar�guez\Locai Sett�ngs\Temporary internet F�ies\OLKt4\Paim Desert Mob�ie Estates doc