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Home My WebLink AboutSUPPTL - NOTICE LTR, APPEAL, CUP, CORRESP CITY OF Pfll (� DESERI 73-5�o Ft�� Wnxtrrc DtuvE PALM DESERT, Cnt.iFORlvtn qzz6o—z578 '['EL: 760 346—o6ii Fnx: 76o 34�-7oq8 info�palm-daerc.org . February 26, 2008 Manuel and Trudy Sanchez 77-740 Delaware Street Palm Desert, CA 92211 Re: Home Based Business Permit 05-34941 (Sancho's Landscaping) Dear Manuel and Trudy Sanchez: This letter is to notify you that the approved Home Based Business Permit for your business at 77-740 Delaware Street has been revoked. As Director of Community Development and Code Compliance I have determined that the use on the property constitutes a public nuisance. Any decision to modify, suspend or revoke a Home Based Business Permit by me is subject to appeal within 15 days of the date of the decision by filing an application of appeal with the City Clerk. Sincerely, � Lauri Aylaian Director of Community Development Attachments: Code Compliance Order to Abate a Public Nuisance ��a�� • ComAlete ftems 1.2,and 3.Also complete A. Stpnat�ue Rem 4 if Re�Gicted Defivery Is desired. /� ■ Prirrt your neme and addrea�s on the reverse X so that we can retum the card to you. g��,�Printed Nerns) C. ■ Attach this caM to the bsdt of the mailplece, or on the frotrt if space Penntts. 1. ARicle Addressed to: D. ��'�d�1►eas dMere►n 1rom ltem f 1 O Ye If YES,errter deilvery addreee below: ❑No . t��n�c� � �r�� a�►c,�C ��- '1�� 1��.��,..a..t. S�-. 3. Servic:e 7ype �Cerwred r�an O�e Max � D � �2 ti a. +� t s��. �� 2�. �IRns�ur'ad M il p�p R°��tor Mer�harxllae 4. Restricted Dellveryl(Fxtra FeeJ O Yes � 2. Article Number (r,�.r,a►►�� 7�07 071� 0001 096C1 6D06 ` Ps Form 3811,February 2004 Domestic Retum Recelpt t 102b95-02-M-1540� .r � CITY OF PALM DESERT, CALIFOR �'��'�'�� t� �I�Y ,LE�K'S OFFICE �,�_� F��,�►-1 DESERT, CA � �� APPLICATION TO APPEA��MAR -? PM 2� o� . =�_ �. . . DECISION OF THE i� �oQ o �. �, M . Y�e, en 1 ' (Name of Determining Body) � Case No. O � 5 �S" / ' �Date of Decision: �� F3 , a(o l aod � Name of Appellant �anuE L +�Rut7f Sr�N tN�Z Phone �760 34�- �'95a' 57�7�bZ c�t Address '1'1'1�40 �EL.pWAi2� (��A�� tA��EsE,Ri °�• R �(l Description of Application or Matter Considered: Q g,e.-,e.n� ��1{-a mu b s,,.�Q ss �.QCZr�;�� -- - Reason for Appeal (attach additional sheets if necessary): . . � � • , S f� — ' � � ',h ' ,� . NdT �2��r'�n� � C��r�ser�� ►Y, okr� �rZa�s�. Y � D{ '� � �j� (Si ature f Appell t � ��,�; m x� Q1 N�[ft r*� -.,S' �r _„� 3r ��Q �Q�2 OFFICIAL USE ONLY � �f O„c�b N _ Date Appeal Filed: �S Fee Received: � " m Treasurer's Receipt No. �g � (Oj Received by: QIrGLL�-G L� (1'��r�62� Date of Consideration by City Council or City Official: Action Taken: Date: Rachelle D. Klassen, City Clerk COPYTO� n ' �i��rk�asseniWPtlaia�WPDOCS'�FORMS�appi ro appeal.wptl DATE v- ��` ' Rev 6i29/02 � � CITY 0 � �Il �l DESERT 73—S�o FK�n W,�Rihc Du�vE PALU DESFRT, CALIFUR\IA 92260-2�78 _ � TEL: �60 346—o6i[ � j Enx: 76o 34i-7o98 � info@palm-deserc.org Conditions of Approval Home Based Business Permit No: 05 34941 Sancho's Landscaping 77-740 Delaware Place 1. The applicant will comply with all standards of the Home Based Business Permit (P.D.M.C. 25.66) and Residential Estate (P.D.M.C. 25.14) sections pertaining to the operation of a home based business and outside storage. 2. Only one outside person who is not a resident of the subject dwelling may participate in the operation or conduct of the subject home based business. 3. Outdoor storage of plant materials, irrigation equipment, or any such material used in association with a the home based business shall not exceed what is typical for the Residential Estate zone. 4. The home based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. 5. Applicant is allowed one vehicle for business use only. The vehicle shall not exceed ten thousand pounds. 6. The director may revoke the Home Based Business Permit if the use has become detrimental to public health, safety, traffic, or constitutes a nuisance. 7. Hours of operation shall be: Monday-Friday 7 A.M. — 5:30 P.M. Saturday 8 A.M. — 5 P.M. Sunday Not Permitted 8. No work shall be conducted on Government Code Holidays 9. ShrubsNines shall be planted along rear property line wall (North) within 30 days of issuance of Home Based Business Permit 05-34941. L.:�Ilxl!70�11f::1!)/�tll BEST BEST & KRIEGER� ATTORNEYS AT LAW IRVINE SACRAMENTO (sas>263-2600 74-760 Highway 111,Suite 200 (9�s}325-ao0o LOS ANGELES Indian Wells,Califomia 92210 s,vv oiEGo (213)617-8100 (760)568-2611 (619)525-1300 _ (760)340-6698 Fax _ ONTARIO BBKI2W.COffl WAINUT CREEK (909)989-8584 (925)977-3300 RIVERSIDE (951)686-1450 Stacey P.Shalhoub Stacey.Shalhoub�bbkiaw.com File No. 72500.00010 �� March 3, 2008 VIA FACSIMILE AND IVIAIL 760.772.9196 Manuel and Trudy Sanchez 77-740 Delaware Street Palm Desert, CA 92211 Re: Abatement of Nuisance�olations of Home Occupancy Permit on Real Property located at 77-740 Delaware Street in Palm Desert Dear Mr. and Mrs. Sanchez: This correspondence is intended to memorialize the matters we spoke about this afternoon and serve as a guideline for your clean-up of the property. The deadline to bring the property into full compliance is Friday, April 18, 2008, which gives you an additional 45 days from tomorrow. Code Enforcement would like to schedule this final inspection for 3:00 p.m., with at least one of you present. In the event that time does not work for you, please let me know and we can move the final inspection to earlier or later that day. The following list reflects the current issues that must be fixed on the property by the final inspection: 1. All bricks, pavers and other ground cover material must be in use, i.e. installed on the ground, or removed; 2. All plants and trees currently in plastic plantltree containers must be removed from the plastic plantltree containers and either planted in a permanent fashion in the ground or potted in permanent planters; 3. All ceramic pots must be in use as part of the residential landscape of the property or removed; 4. All wood planters must be in use as part of the residential landscape of the property or removed; 5. All lumber, the stacks of tree branches, other wood materials must be removed 6. All empty black/colored plastic plant/tree containers and broken wood plant/tree containers must be removed; 7. All tires, toilets, trash and fountain(s) not a part of the residential landscape must RMPUB\SSHALHOUB�294472.1 BEST BEST & KRIEGER ATTORNEYS AT IAW Manuel and Trudy Sanchez March 3, 2008 Page 2 be removed; and 8. All business-related equipment and items including, but not limited to, the sod rollers, irrigation tubing, fertilizer, drills and drill parts must be removed. Additionally, on Tuesday, March 18, 2008, at 3:00 p.m., Code Enforcement will do a progress inspection of the property. At that time, the following items must improved, many of which must be improved on the final inspection date as well: 1. All lumber, the stacks of tree branches, other wood materials must be removed; 2. All empty black/colored plastic plandtree containers and broken wood plant/tree containers must be removed; 3. All toilets, trash and fountain(s) not a part of the residential landscaping must be removed; 4. All business related equipment including, but not limited to, the sod rollers, irrigation tubing, drills and drill parts must be removed; and 5. All plants and trees currently in plastic plantltree containers must be arranged in some manner resembling your landscape plan. As you know, the Home Occupation Permit which allowed you to conduct business on the subject property was revoked in February 2008. As such, all business activity related to the landscaping business must cease. Without the Home Occupation Permit, the residence may be used for a home office and nothing more. The Home Occupation Permit may not be reinstated until such time as the Code violations on the property are cleared up. In the event you bring the property into compliance prior to the dates set forth above, feel free to contact my office or Code Enforcement to set up earlier inspection dates. Please be advised that the City has chosen to give you this additional time to bring the property into compliance, even though the record supports the filing of a court action to abate the property at this time. The City will, however, proceed with a court action if the property fails to be in compliance by the final inspection on April 18, 2008. Should you have any questions, please do not hesitate to contact our office. Very 1 yours, � Stacey P. Shalhoub for BEST BEST& KRIEGER LLP cc: Carlos Ortega Hart Ponder Johnny Terfehr Pedro Rodriguez 1)avid Erwin t:'' ' r�;�(-WLF{OUB�294472.1 V`t/UI! ��./vv r-..�r .�.�� /�'{/f./'� V �' �'��l�J� ,� (�rfj�tfir�:�'r•�/r/� �':_�/�'�F'f f rrr .��tlf �fI/,�J/'/��f. 1 'r' rl,•,J�f(/��//�/'( fJ/�,'� y i. + / � �, ' � ��' , . } �� '; ' 3 April 7,20QS �;t.;� u i �-�+" }L (. 4 zMExT + 7�(".�{l�%'L��1lILS.J3�.f �;F�.i`r._ City of Palm Deseret ,��ul+i:�i��Q�F��T Fmr: 776 64�7 Attentivn;Rya» Stendell In re: Cas�,Nus. Home Based Br�siness Fermit d5-34941 l � Located at 77 740 Delawnre Place Dear Council h�iennbers� 1 have r�ceived your legql notice vf tl►e appeal af the revoking of the ubuve st�ed Home Bases Business Permit. My experience with the busirress on DeTaware hus nvt been p pleusunt pne, The extrernety loud noise coming from tha business has i»terfered with my enjo,yn�ent af my ho»�e and in particular my back yard I wo�ld also rnention the lvud noise would be at aJ1 hours irlcluding weed-ends. It was impo�sible to enjoy my,�wvl or entertain guesrs_ ,This is a residentiwJ�ei,ghborhood and should,�ot have ind'u.strial typ�e sourlds reso»ating thra�gh our yards. • p,J "e-a u� ,l urge you not ta re-instate the perntit. ;� ~'� �...:: -v �,•�.Y�, l m►,very truly yo�rrs, �'' �{'' ! ��.,.; � ��` �n�.�,.;,.; r—' r _ _..a,,;;�. L�c. �' � ��'fi'�i tty i�to � --�;� . �,, � �; ., �-F, N y�� STEVE SPENCER 77745 Delaware Place Palm Desert,CA 92211 760.360.3883 .R,�;��`"��yX�' � April 2�2��$ '';•..;� {F „ ��^w i IIX W RE: Case 05-34941 'OMMUN��t �g.;Z�, �,. CITYDFPqLMDESERT ��TMENT To Whom It May Concern: Regarding the above mentioned case,l would like#p malce some comments regarding Manuel and Trudy Sanchez. I live directly across the street from the Sanchez's and since tlte�y have lived on Delaware,they have always had one of the best kept properties cxt our street. Theer frcx►t yard is always dean, trimmed,and well maintained. They have atways beer►very neighborly,watching out for our property. Regarding the wood pile on the sisle of the�raperty,Manu,el has le#us use the firewood as needed and I have never found it to be an 9swe. Ats+�,fi�s potte�!pta�appear to be well main#ained. With the large size of his property,I feel lfiat the plar�ts and waod�le is c4mmon and it appears to not be causing anyone any problems. This letter is being written to tet you know what kincf of ntighbors Mtanue{ai►d Trudy are. Regarding the case, I possibly do not know alt the facts but waul�!like ta e��ess my perspeitive on how they affect their neighbors. If you have any#ur�er yuestior�3,please fee!free to contact me. Regards, Ste e Spencer � a� ,-�, �� `�' �_4 a�, _ , � �;�'a",. r--;., , 1 L;��r�; � �:�';,'t�„,,.; t/;�,..,., �. ''�' ' � � :�tn��;<<. - � --d��,. "7 s 3-r4 Ta� N �