HomeMy WebLinkAbout18786 - RESOLUTIONS - 3/6/1996 RESOLUTION NO. 18786
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, UPHOLDING THE ISSUANCE OF
A NOTICE OF VIOLATION FOR THE OPERATION OF A
COMMERCIAL USE IN A RESIDENTIAL ZONE TO M.
LEONARD LEWIS & BARBARA LEWIS RUBI:N, 1350 ,
LADERA CIRCLE, R-1-C ZONE, SECTION 10.
WHEREAS the Planning & Building Department has received numerous
complaints from surrounding property owners regarding the
commercial use of the residence located at 135Ci Ladera Circle
since February 1993; and
WHEREAS the residence has been the site of numerous commercial
parties and tours on the basis of past, and transient, occupancy
by Elvis Presley; and
WHEREAS these activities have been documented by The Desert Sun
which has, on several occasions, run articles describing the
.residence as Presley's honeymoon hideaway and containing
information regarding the availability of the property for short-
term residential and party rental; and
WHEREAS this residence is located within the 11R-1-C" Single-
Family Residential Zone; and
WHEREAS allowable uses in such zone are limited to low-density
residential and accessory uses and structures; and
WHEREAS commercial uses are expressly prohibited in such zone,
1cur;suant to Section 9201. 02.A. of the Palm Springs Zoning
Ordinance, except when operated pursuant to Chapter 5. 22 of the
Palm Springs Municipal Code (Home Occupations) ; and
WHEREAS the operation of the commercial use on the subject
property exceeds that allowed by a home occupation whereasmuch
such use is not clearly secondary to the use of the structure as
a dwelling; advertisement is used in a manner which encourages
vehicular traffic to the premises; and noise is; created which is
audible from outside the dwelling; and
WHEREAS Section 11. 72. 080 of the Municipal Code: states that a
property is a public nuisance if it violates the provisions of
the Zoning Ordinance; and
WHEREAS the City Clerk received a letter from Barbara Lewis-Rubin
& M. Leonard Lewis, dated December 21, 1995, appealing the
issuance of said Notice on the grounds that the subject ,property
is owned by a Trust and that they are not the legal owners; and
WHEREAS a hearing was :yet for the City Council meeting of
February 7, 1996, before which the appellants requested a
postponement of such hearing so that they would be able to
attend; and '
WHEREAS the City Council has carefully reviewed and considered
all of the evidence presented in connection with said appeal,
including, but not limited to, the staff report and all written
and oral testimony presented at; a hearing during its meeting of kwo
March 6, 1996.
�
R18786
Page 2
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: There is adequate evidence to indicate that a
commercial enterprise is being operated at 1350 Ladera Circle
which violates Section 9201. 02A. of the Palm Springs Zoning
Ordinance which prohibits the operation of such commercial uses
in the R-1-C "Single-Family Residential" Zone in which the
subject property is located.
Section 2 : Furthermore, the commercial enterprise operated at
said location does not, nor is able to, conform to Chapter 5.22
of the Palm Springs Municipal Code which restricts the operation
of commercial enterprises within a residence to those which are
clearly secondary to the use of the structure as a dwelling;
prohibits advertisement in a manner which encourages vehicular
traffic to the premises; and creates no noise which is audible
from outside the dwelling.
Section 3 : Having been made aware of such commercial
operation, the Community Preservation officer appropriately
issued the Notice of Violation to the trustees and assessees, M.
Leonard Lewis & Barbara Lewis-Rubin, in response to violations of
the Municipal Code and the Zoning Ordinance at 1350 Ladera
Circle.
Section 4 : The process by which said Notice was issued
conforms to the regulations set forth by the Municipal Code and
did not substantially differ from the process by which Notices of
Violation are issued to any other party.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,
the City Council hereby upholds the issuance of said Notice of.
' Violation to M. Leonard Lewis & Barbara Lewis-Rubin for
violations of the Municipal Code, as stated in said Notice, at
1350 Ladera Circle; and
NOW BE IT FURTHER RESOLVED that the subject violations must be
corrected immediately.
ADOPTED this 6th day of March , 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY F P SP NG CALIFORNIA
By L i .rtiyt
City/Clerk City Ma ger
REVIEWED & APPROVED AS TO FORM