HomeMy WebLinkAboutSR - Appeal - HBBP 05-34941 - Sancho's Landscpng - 4/24/08MEETING DATE 7 - /0 - C'
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CITY OF PALM DES R� PASSED TO 2N0 READING
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISION STAFF REPORT
REQUEST: Consideration of an appeal of a decision by the Director of
Community Development revoking a Home Based Business Permit
for Sancho's Landscaping. Subject property is located at 77-740
Delaware Place (APN: 637-160-039).
SUBMITTED BY: Ryan Stendell
Associate Planner
APPELANT: Manuel and Trudy Sanchez
77-740 Delaware Place
Palm Desert, CA 92211
CASE NO: Home Based Business Permit 05-34941
DATE: April 10, 2008
ATTACHMENTS: Revocation Letter (Dated February 26, 2008)
Application to Appeal (Dated March 6, 2008)
Letter from Best Best and Krieger (Dated March 3, 2008)
Conditions of Approval
Photographs from March 18, 2008 inspection
I. RECOMMENDATION:
That the City Council, by minute motion, continue this item until the April 24,
2008 City Council Meeting to allow for the final inspection as outlined in the letter
dated March 3, 2008 from Best Best and Krieger (copy attached).
11. DISCUSSION:
At its meeting of January 10, 2008 the City Council upheld an Order to Abate
action form the Code Enforcement Department and declared the Home Based
Business at 77-740 Delaware Place (Sancho's Landscaping) a public nuisance.
Prior to this action staff had received numerous complaints regarding vehicles
and stored plant materials going back to the permit issuance in 2005. Based on
the action of the City Council on January 10, 2008 the Director of Community
Development issued a letter (copy attached) to the appellant stating that the
Home Based Business Permit had been revoked. The appellant appealed (filed
March 6, 2008) this matter to the City Council based on section 25.86.030 (A) of
the municipal code, which states that any decision of the Director of Community
Development is appealable.
Staff Report
Home Based Business Permit 05-34941
April 10, 2008
Page 2 of 2
The appellants have expressed an interest in abating the nuisance and coming
into compliance, and have met with the City Attorney. In a letter dated March 3,
2008 from Stacy Shalhoub of Best Best and Krieger (BB&K), Manuel and Trudy
Sanchez were given a time -frame of 45 days to comply. Two inspections were
scheduled during that time, one of which was March 18, 2008. The final
inspection will be held on April 18th 2008. The March 18, 2008 inspection
showed the appellant was making progress towards compliance and Staff is
hopeful that the final inspection for April will yield good results.
III. CONCLUSION:
Every decision of the Director of Community Development can be appealed to
the City Council for ultimate jurisdiction. The appeal is requires to be heard by
the City Council within 40 days. Staff would like to hold the final inspection as
outlined in the letter from BB&K on April 18, 2008 before making the final
determination on compliance. Staff recommends that this item be continued until
the April 24, 2008 agenda to allow the final Code Compliance and City Attorney
inspection.
Submitted By:
Ryan Stendell
Associate Planner
Approval:
Homer Croy
ACM, Develo
Carlos L. Ortega
City Manager
t Services
Department Head:
Lauri Aylaian
Director, Community Development
G Plmmmg.Rran Stendell‘Wo,d Data\Sanchos_L.tndscapmgl RPT.CC doc
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008
XV. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE
DIRECTOR OF COMMUNITY DEVELOPMENT, REVOKING A HOME -
BASED BUSINESS PERMIT FOR SANCHO'S LANDSCAPING —
77-740 DELAWARE PLACE (APN 637-160-039), PALM DESERT
Case No. Home -based Business Permit No. 05-34941
(Manuel and Trudy Sanchez, Appellants) (Continued from the meeting of
April 10, 2008).
Rec: By Minute Motion, continue this matter to the meeting of April 21,
ion, as outlined in the letter dated
March 3, 2008, from Best, Best & Krieger (cop„ attached t„ the
assompanying staff report).
Action: By Minute Motion, uphold revocation of the Home -based
Business Permit for Sancho's Landscaping and direct
staff to issue a new permit under direction of the City
Attorney that will provide more stringent guidelines than
the former. 5-0
:;ITY COUNCIL TION:
APPROVED ✓ DENIED
RECEIVED OTHER._. .
AYES DATE y/ J sI' l
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NOES: . T�
ABSENT:
ABSTAIN: l\l,t Y)
VERIFIED BY:
')riginal on File w City Clerk's Office