HomeMy WebLinkAboutSR - Case No. 07-3553 - M. SanchezCITY OF PALM DESERT
Department of Community Development
STAFF REPORT
REQUEST: Appeal of an Order to Abate a Public Nuisance
SUBMITTED BY: Johnny Terfehr, Code Compliance Officer
APPLICANT: Manuel Sanchez
77740 Delaware Place
Palm Desert, California 92211
CASE NO. 07-3553
DATE: January 10, 2008
CONTENTS: Photographs — Exhibit A
Palm Desert Municipal Ordinance Section 8.20.020, Chapter 8.70
and Chapter 25.14 — Exhibit B
First Nuisance — Exhibit C
Order to Abate — Exhibit D
Receipt of Certified Mail — Exhibit E
Letter of Appeal from Manuel Sanchez — Exhibit F
Conditions of Approval — Exhibit G
Home Occupation Permit — Exhibit H
Past Case History Violations — Exhibit I
Property Profile Report — Exhibit J
Recommendation:
That the City Council, by Minute Motion:
1. Make a determination and finding that the storage of gardening materials,
landscape construction materials and other items referenced as such at
77740 Delaware Place is a public nuisance pursuant to Code Section
8.20.020, Chapter 8.70 and Chapter 25.15 of the Palm Desert Municipal
Code; and
2. Uphold the Order to Abate for the subject property.
Executive Summary:
Due to Mr. Sanchez's failure to comply with the Order to Abate and remove the
nursery related materials from his residentially zoned property, and due to
ongoing complaints since 2005 from concerned residents in the area, staff
recommends that the Order to Abate be upheld by the City Council.
Staff Report
Uphold Order to Abate — Manuel Sanchez
Page 2
January 10, 2008
Background:
On October 17, 2007 the City received a complaint that there was a nursery
business being operated from 77740 Delaware Street with trailers and trucks
coming and going and storage of nursery type materials at the location. The
Code Compliance Division responded to the property and in the rear yard visible
from neighboring properties observed substantial quantities of nursery type
materials including: unplanted potted plants, empty plant pots, bags of fertilizer
material, landscape block, brick and pavers, landscaping vehicles, trash and
debris.
At that time it was explained to Mr. Sanchez what the violations were and what
he needed to do to correct them. On November 8, 2007 a courtesy letter was
mailed to Mr. Sanchez explaining the violations and necessary corrective action.
A follow up inspection on November 28, 2007 revealed no change in the
condition of the property. An Order to Abate was mailed via certified mail and
posted on the property on December 3, 2007.
On December 10, 2007 a letter was received from Mr. Sanchez requesting an
appeal before City Council of the Order to Abate.
Since Sancho's Gardening Service was issued a home occupation permit in
2005 the City has received numerous complaints regarding the business
activities occurring at these premises.
Submitted By:
,doh y Behr
ode Compliance Officer
Lauri Aylaian
Director of Community Development
Approva
Carlos Ortega
City Manager
Reviewed and Concur:
Hart H. Ponder, Jr.
Code Compliance Manager
Approval:
Homer Croy, Assistant City Manager
Development Services
=TY COUNCIL )CTION:
APPROVED •,/ DENIED
RECEIVED OTHER
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