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Home My WebLink AboutSUPPTL INFO - Case No. HBBP 05-34941 - 04/24/08 CITY OF Pfll �l DESERI 73-5�o F[�� Wn�uNc D�uvE PALM DESERT, CnttFORr�u q226o—z578 �L: 760 346—o6�i Fnx: 760 34�-7oq8 info�palm-daert.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letter is to notify you that the approved Home Based Business Permit for your business at 77-740 Delaware Street has been revoked.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 ��...�.,�. � • ComAlete ttems 1,2,and 3.Also complete �. S�pna� Item 4 it ResUicted D�fivery!s deelred. ■ Prirn your nc+me and eddrees on the reverse X so that we can retum ths card to you. g��yy�p,inted Nerr�s) c. ■ Attech this card to the badc of the mailplece, or on the frotrt if apace Pe�rtts. 1. ARicb Addreased to: D. la detivwy adcl►ses dlBaerrt hom)tem f 1 O Y H YES,xitar delMay addrese below: ❑No . �.�n�c.,� � �r�� a�►c�C 7�- '1�� .c.��,�,.,a..� Sa-. 3. Sarvlce 7ype �CaUfled Man O fi�rees tua8 � D I �Z tl d � �se,�� C�. z. o�� o o'p��,�� 4. Rest�kted Dellvery!(Expa Fesj O Yea � 2. Article Number �r�.r�►►�� 7�07 071� 0001 �96� 6D06 PS Form 3811,February 2004 Domeetic Retum Recelpt � 102565-02-M�15W� .L.r� � CITY OF PALM DESERT, CALIFOR �'�="�' ' t`� �I�Y :.LERK'S OFFICE ♦ F��N DESERT. CA �' �� APPLICATION TO APPEA��MAR -? PM 2� o� . :�_ �_ . . DECISION OF THE i� �pQ o �. �, � . Y�, en 1 ' (Name of Determining Body) � Case No. O � 5 �s��Date of Decision: �G F3 , a(o l add � Name of Appellant �QnuE L +�Rut7f Sr�ti tkf�=Z Phone �760 34�- �95`+ 57�7�bZ c.�t Address '1'1'1�40 �EL.pI,JAr?� (��A�� tA��EsERi °�• R �(l Description of Applicafion or Matter Considered: o R�e.-,z.,J ��1{-b 1Y1u f� s,,.�Q ss Q Reason for Appeal (attach additional sheets if necessary): . . � � • , S f� — ' � � ',h ' � . �JdT �2��r'�nq x� C\�r�set�.� ��-, okr� �rZe�s�. Y = D{ '� \ � �� (Si ature f Appell t � vm�; Q1 m�[�t r*' -.c" OFFICIAL USE ONLY „c�b = "`' N �_� Date Appeal Filed: �" �'"� Fee Received: � �—I O "�' m Treasurer's Receipt No. �g � (Oj Received by: QIrGi L�-G L, (1'��r�62� Date of Consideration by City Council or City Official: Action Taken: Date: Rachelle D. Klassen, City Clerk COPY TO n ' -��rk�asse��_WPaaia�WPDOCS-�FORMSWppi�o appeai.wDo DATE v- ��` ' Rev 6i29i02 � CITY OF rll �l DESERT 73-5io Fa�n W,�Rinc DkivE PAL�f DEtiERT, CALIF(�R\IA 92260-2i78 ' TEL: 760 346—o6i� j tnx: 76o 34i-7oq8 � info@pa{m-descrc.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. c::..��.�n a.��•:��„�� BEST BEST & KRIEGER� ATTORNEYS AT LAW IRVINE SACRAMENTO (949)263-2600 74-760 Highwdy 1 l 1,Suite 200 (916}325-4000 Indian Weils,Califomia 92210 LOS ANCELES (760)b68-2611 SAN DIEGO (213)617-8100 (760)340-6698 F3x (619)525-1300 ONTARIO BBKI2W.COffl WAlNU7 CREEK (909)989-8584 (925)977-3300 RIVERSIDE (951)686-1450 Stacey P.Shalhoub Stacey.Shalhoub0bbkiaw.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 Rea!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 ]et me know and we can move the final inspection to eazlier 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 plant/tree containers must be removed from the plastic plant/tree 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 blacWcolored plastic plantJtree containers and broken wood planVtree containers must be removed; 7. All tires, toilets, trash and fountain(s) not a part of the residential landscape must RMPUB�SSHALHOUB�294472.I 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 plant/tree 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 plant/tree 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 cleazed 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 Pcdro Rodriguez 1)av id Erwin I:'' ' �. tiSNALHOUB�2944�2.1 V7/ I.AI/ LVvy.r r •� �.� . �� .�. r�� .�. . .�..��...r� � riv` Vi ._� �� / l f)�1• i '�r�ll��lf/r-%i-�/t'/� �'.i//'Ff't 1 �f . � , ,-r—_- �-/.-... , i r . �rf<t/� ��/�.s�i�f'�, �(,, ( -,:�I��/'i/!r� f� J )�`' J .�. � �"4 � � . , `;�: � April 7,2008 �'1�� u F �� T�ExT T.��,�<ELOt:;�1:''„'.,�.:,,:. City of Pabrr Deseret :@��L��QFF��'�� Faac: 776 6417 Atte,rtio�;Rya» SYendell In re: Case Nus. Honee Br�ssed Business Per�nit OS-34991 1 � Located at 77 740 Delnwore Place Dear Council Manbers� 1�urve recePved your legal notice of the apped vf the rev�oking o,f the above stoted,�Iome Boses Business Permit. My exp�erlence with the bus;ness on De7aware hus nvt been a pleasant vne. The ext»emely loud noise caning from the business has i,rterfered with my enjo,yrrrer,t of rny horrie and in particular»ty back yard I wot�ld also merrt3on the lvud noise would be at all hours ir�cluding weer�ends. It was impotsiblt to enfoy my,Fwol or errterta�n gues�s_ Tlris is Q residentiwl�eighborhood and should not have indpstria!rype sot�rxls reso»ating thro�gh our yards. -� - ::� _ X urge you not to re-i�tstate the per►nit. � r> .�' -n =� � 1 mn.►ery rrttly yours. � �,�-:', W r'•`'-' �., �s`, .. r r _ r-' _ • (t, � a�:�:;, � " tly J)ll0 � ^;`~�- T, •• �'T� � J� N m STEVE SPENCER 77745 Delaware Place Palm Desert,CA 92211 760.360.3883 R.E{��I�,��D April 2,2008 '�"�� .1 ,; �� 'OMMI,'hrr ��; ;t,u•�, , , . RE: Case 05-34941 ' '7'.t�ENT CIT t'OF'P.9L;y DESERT To Whom It May Concern: Regarding the above mentioned case,l woutd like to make some comments regarding Manuel and Trudy Sanchez. I live directly across the street from tt�e Sanchez's and since they have lived on Delaware,they have always had one of the best kept properties on otir street Their froM yard is always clean, trimmed,and well maintained. They have always beer�v�ry neighborty,watching out for our property. Regarding the wood pile on tt�e side of tfie�xoperty,Ma�ud has le�t us use the firewood as needed and I have never found it to be an iswe. Atso,his potttd plants appear to be well maintained. With the large size of his property,f feel tfiat the platrts and wood file is oommon and it appears to not be causing anyone any problems. This letter is being written to let you know what kind of neiQhbors Manud and Trudy are. Regarding the case, I possibly do not know all ttte facts but would like to express my perspective on how they affect their neighbors. If you have any fisrtfief questions,please feel free to contact me. Regards, Ste e Spencer V <_ � �T 2s . � _:.C�:�- r : I C7;Y�, �D ��',- U��:...... '� �� '"��- � Z�C�^•f�,. . �D ��`. :)-n I>� N � :�- •: }.-• F�� '7 �� !'L'ti�^X 'S (.)PFICE P;�1-S D�=S'tF 7, CA PROOF OF PUBLICATION This is space for County � Tk's Filing Stamp (2015.5.C.C.P) �� P� -3 PM (2: 38 STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of cig6tcer. ------- ------- years,and not a party to or interested in the above�ntltled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and publisbed in the city of Palm Springs, N°.°ese CrrY�� County of Rlverside,and which newspaper has been �pgE��g� adJudged a newspaper of general circuladon by the �+�� Superior Court of the County of Riverside,State of NOTICE 1S HEREBY ci1VEN thet the Pakn Desert California under the date of March 24, 1988.Case �T'��Z��(�r��s��er��pirgjyo�e d�ec,�� Number 191236;that the notice,of which the �� '8 Horre s�ased�gue�s°pe,,,,�jo�r,aie�d att annexed is a printed copy(set in type not smaller 77-710�elawere Plsoe.(APN:637-160-039). than non pariel,has been published in each regufar saD� puak nee��ap be ne►d on rnursday,q�ni 10 2008,at 4:00 p.m.fn the Coundl Chambers at the and entire issue of said newspaper and not in$ny Pelm Deeert CNic Center 73 510 Fred Watk�p Drive, sa lement thereof on the followin dates to wit: P�m��'��d��n- pp g , terested peraona ere�rnned ro aaend and be neem. Written comments conceming dl Items covered by thks March 28"',2008 �"'a�^�'�'9"0��ntedup a tne date of the hearing. IMamatlon�ming t�e p�� project end/or geUve deGarstbn is aveileble for re- �--- ------- wew in the Dep�arimeM ot Community Development at the above eddreas between the hours of 8:00 e.m.end S:�U p.m.Monday throu�h Friday.If you challerge the _�_________ � __ P��i.Yo��K�� All in the year 2008 public heering deecrlbed in this notice,w in wrinen car- reapondence deliver�d to the Palm Desert Cfly Council at,or prlor to,the publ�heering. I certify(or declare)under penalty of perjury that the � Recne��e Iaaesen City C►er� foregoing is true and correct. �b��:�� Pelm Desert G�ily Councu Dated at Palm Springs,California this---2nd,—day of--- April -----,2008 ___________ .�__ �_—_____ __ �ature �_ CITY 0 � Pfll �l D � SER1 73—S�O FRED WARING DRIVE - - PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6ii Fnx: 760 340-0574 info�palm-desert.org April 15, 2008 Manuel and Trudy Sanchez 77-740 Delaware Place Palm Desert, Califomia 92211 Dear Manuef and Trudy Sanchez: Subject: Consideration of an Aapeai of a Decision by the Director of Communitv Develoament, Revokin4 a Home-based Business Permit for Sancho's Landscaainq — 77-740 Delaware Place (APN 637-160-039), Palm Desert Case No. Home Based Permit N o. 05-34941 At its regular meeting of April 10, 2008, the Palm Desert City Council considered the subject case and took the following action: By Minute Motion, continued to the meeting of April 24, 2008. A copy of the staff report with City Council Action stamp affixed thereto is enclosed for your records. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CMC � CfTY CLERK RDK:mgm Enc{osure � cc/enc: Ryan Stendell, Associate Planner Johnny Terfehr, Code Compliance Officer G:\CItyCIrklGlo�ia MarllnazlLMtera126-&dnea-Cade-FacadalAppsd-Set�d�ez•PatNl U5-3494t-041008.doc Fie 1t26-017 C�nna w ams we � "' 1 ■ ■r ■ T T � � � �Y $ �o �mo , � � 5�' � ° °' '�' 3 � • m � � �.. ,.�_w,� Av_ � � 3 �y V N � ��m c �m � �-. � �' v � � � �� • T �`' ,, � m � � � a � � °�a�N . 7�06 345� ooao 76D7 8687 � r� �' m3d �' �,_ � � � gm�� s -, � � � � � �� W � $� ' � �� ' � � � A M v��o 3 a� � �� . � . N � m � . 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