HomeMy WebLinkAbout9/20/2000 - STAFF REPORTS (15) DATE: September 20, 2000
TO: City Council
FROM: Director of Planning and Building
CASE NOS: 5.0829 and 3.1902 - APPEAL TO THE CITY COUNCIL BY PROPERTY
OWNER PARHAM NOOR-ESFANDIARI OF A DECISION BY THE PLANNING
COMMISSION TO DENY A REQUEST FOR A TIME EXTENSION OF A
NONCONFORMING USE AND EXTERIOR MODIFICATIONS TO PROPERTY LOCATED
AT 3775 EL DORADO BOULEVARD, R-1-D ZONE, SECTION 34.
APPEAL:The property owner,Mr. Parham Noor Esfandiari, has appealed a decision by the
Planning Commission to deny a request for a time extension of a nonconforming use and
exterior modifications to the property located at 3775 El Dorado Boulevard, R-1-D, Section
34.
RECOMMENDATION:
Staff recommends thatthe City Council considerthe appeal of the decision by the Planning
Commission to deny a request for a time extension of a nonconforming use and exterior
modifications to property located at 3775 El Dorado Boulevard and that the City Council
adopt the attached resolution upholding the decision of the Planning Commission.
BACKGROUND:
The subject property is approximately 8,000 square feet. It is currently improved with two
buildings that are each 1704 square feet. According to available records, the site was first
developed in early 1964, prior to its incorporation into the City of Palm Springs, as a four(4)
unit multiple family dwelling.
In 1993, in response to neighborhood concerns, the City Council amended the City's
General Plan so as to designate the neighborhood where this property is located as
appropriate for single family residential development.
On October 12, 1995,the zoning map was amended so as to implement and be consistent
with the General Plan designation. Zoning of R-1-D was assigned to the property. This
zoning district is primarily a single family residential district. Multifamily residential is not
among the uses permitted in this district.
On May 26, 1999,the City requested thatSouthern California Edison Company de-energize
the main electric service at this property. This request was in response to violations of the
Uniform Housing Code.
On June 11, 1999,the City recorded with the County Recorders Office a notice of the zoning
as R-1-D for this property. The record states that the R-1-D zoning was established on
October 12, 1995. At the time of recordation, the owner of record was Homeside Lending
Inc., not the current property owner.
MIA
Case Nos. 5.0829 and 3.1902
September 20, 2000
Page 2
On March 21,2000,the City's Director of Planning and Building telephoned the applicant in
response to a request for a time extension of a nonconforming use. The Director advised
that as the applicant is not the property owner nor did the applicant have authorization from
the property owner, the City could not accept the application.
In this same conversation on March 21, 2000, the Director explained to the applicant that,
in accordance with Section 9405.0401, as the non-conforming use had ceased for more
than 180 days, the use could not be reinstated or further continued unless specifically
permitted by the Planning Commission. The Director further explained that staff maynotbe
supportive of a time extension, that future use of the property will likely be that of a single
family home, and that electricity and gas service would not be approved for re-connection
until resolution of the nonconforming use. The Director specifically stated thatthe applicant
should not acquire the property if his intentions were to own and operate an apartment
building.
On April 7, 2000, the applicant acquired the subject property.
On April 11, 2000, the Director sent a letter to the applicant that memorialized the verbal
comments of the March 21, 2000 conversation.
On May 17, 2000,a Notice of Violation was issued to the applicant. City staff had visited the
site and found an open, unsecured apartment. Upon inspection, City staff found evidence
that the unsecured apartment was being used for drug activity and prostitution.
On August 9, 2000, the Planning Commission conducted a public hearing to consider the
time extension of the nonconforming use. After considering the evidence presented, the
Planning Commission voted to deny the request.
ANALYSIS
The multifamily residential use was lawfully established. A use that is lawfully established
but is no longer allowed, typically due to a change in the land use regulations, is a
nonconforming use. Such a use may remain and continue to operate. However,should the
use cease for 180 days, the use may only be re-established if the Planning Commission,
after conducting a public hearing on the request, votes to allow the use to be re-establish.
The multi-family use on the subject property ceased for in excess of 180 days. During its
meeting of August 9, 2000, the Planning Commission conducted a public hearing on a
request fora time extension and, at the conclusion of the public hearing, voted to not grant
the request.
The subject property is in the Desert Highland Estates neighborhood. For the past eight
years the City has been working closely with the residents, property owners, and clergy of
this neighborhood to address crime, property maintenance, and land use in the area. The
outcome of this collaboration is the Recapture Our Neighborhoods,a focused neighborhood
improvement program. The General Plan amendment and 1995 Zoning Map Amendment
were parts of this program. Also part of the Recapture Our Neighborhoods Program is the
recent City initiated demolition of multifamily residential usejust down the street from this
property.
Case Nos. 5.0829 and 3.1902
September 20, 2000
Page 3
The re-establishment ofthe multifamily nonconforming use is contradictory of all established
City and neighborhood plans, programs and policies. Consequently, staff recommends
denial of the request for a time extension of the nonconforming use.
A'z
Director of Wanning and Building
City Manager
ATTACHMENTS:
1. Vicinity Map.
2. Letter from applicant.
3. Letter of April 11, 2000 from Planning Director to applicant.
4. Draft Resolution.
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CITY OF PALM SPRINGS
CASE NO. S,Oa29 DESCRIPTION ApP�ALTCINCOUNCIL
APPLICANT PAP.NAM NOOpP OF fNE P7 0510N OF THE FLAMM COMM155ION
E5FANPIAFI NOf fO ALLOW FOP A TIME EXT%510N OF A
NON-CONFOU NG U5E AT 3975 E�nOw vb
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Parham Noori-Esfandiari
c� 6F.i' 13 ')0 0 Co
19056 Singing Wood Circle =rJ
Trabuco Canyon, CA 92679 ���'CL'=?%/
(949) 88808706
City Council
City of Palm Spring
P.O Box 2743
Palm Springs, Ca
Sunday, September 10, 2000
RE: 3775 El Dorado
Palm Springs. , CA
City Council:
When I was purchasing this property, I was informed by escrow about some changes in
city zoning. I appeared in person at planning department. They informed me of changes.
And advised me I can ask for time extension. I asked them how could I do that? They
showed me examples of other properties and gave me a copy of the file for the property
next door(J4. On Feb 6, 2000 I filed for time extension (*). I asked them please schedule
it as soon as possible, Because I am not an investor. I am paying penalty at escrow and
can not afford extra fees and delays.
I was in touch with planning department constantly, with the delay and not getting an
straight answer, again I drove 120 miles from orange county to Palm Springs. When I
showed up at the counter I was told I am not the owner and I need written permission
from Department of Housing and Urban Development. I told them this is some thing that
they should have told me when I applied for time extension. Why it took them more than
a month to tell me this and I asked to see Head of the planning Department. That is when
they gave a letter dating March 13, 2000. Re: Notice of incomplete submittal(3). I had a
brief conversation with Mr. Douglas Evans. I told him about the delay and we schedule a
meeting or phone conference for Thursday march 30. On march, 30 Mr. Evans told me he
is not in favor of multiple family in the property. I asked him why, different property
owners in my situation have been granted time extension. And isn't there a provision that
up to year 2005 this properties can operate as multiple units. He said yes, but he is going
to oppose me any way. I told him I am going to exercise my right and go in front of
planning commission, City council and so on. I also informed him I can not delay the
escrow any longer.
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After the change of ownership I talked to him and informed him me and Mr. Brad
Weekly can not communicate and I like to have a new planner with a good knowledge of
the rules and regulation. Then Mr. Dave Hayes was assigned to me.
I tried my best to get along with planning department. Mr. Hayes was very helpful and
knowledgeable. I spent a lot of time and money for a plan, so I convert this four-unit to a
single family. I was told I should connect the two building to have a common roof and
take out the extra kitchen facilities, Which I did. After I submitted the complete plan. I
was told I also need a carport. And Mr. Hyes talked to Mr. Evans. And I was told I need
to tore down one of the building and make a carport out of it.
I explained to Mr. Hayed: I have done my best to comply with City regulations. I have
been denied electricity even for one, out of the four units. The best unit has been
vandalized many times. The price that I paid was for a four-unit. And the loan that I have
is to fix this four-unit. Now Mr. Evans want me tear down one of the buildings for
garage, and he has a concern about the square footage of the building. I strongly felted I
am being discriminated against by Mr. Evans. I told: Mr. Hayes I need to appear in front
of Planning Commission as soon as possible. He said he is very busy, and maybe another
planner could help. And Mrs. Tina Shcurilla ended up helping me.
The next hurdle was application for minor architectural change and landscaping and so
on. And I think this four-unit would have looked very good Finally after more than six
months I appeared in front of planning commission. Mr. Evans took the lead. He said
even though Shurilla is in office, she does not feel good. And Mr.Evans took the lead like
a shrewd prosecutor with phrases like "I plead to him not to buy this property like I never
plead with any one else". I don't understand why did he have to plead with me like no
one else. Did he like me so much or he did not wanted to discriminate against me since
he liked me so much! The interesting fact is that non-of the planners except one went to
the presentation board to even to take a look at the landscape proposal and elevation plan.
I plea to the supervisors and their common sense of decency. I am requesting electricity
only for one of the units so I can fix it and use it as my residence. I have been paying
mortgage taxes and insurance. It is a big strain on me financially and emotionally. Any
other changes for other 3 units I will follow the rules and regulation of the city as I have
done so far.
Sincerely
Parham No ri-Esfandiari
DATE: January 22, 1997
TO: Planning Commission
FROM: Director of Planning & Building
CAS 5 . 0740 ISC. - MICHAEL RIZKALLA - TIME EXTENSION FOR NON-
CO E
RECOMMENDATION:
Staff recommends that the Planning Commission grant an extension
of time, subject to conditions, for two years for the non-
conforming operation of a four-unit multiple-family dwelling at
3867 E1 Dorado Blvd.
BACKGROUND:
The existing structure was built as a four-unit multiple-family
residence in 1977 . A multiple-family residence was an allowable
use under the "R-G-A(6) " Cluster Residential Zone then in place.
The "R-1-D" Single-Family Residential Zone was placed over this
property in July 1995, consistent with the General Plan adopted
in March 1993 . This land use change for the Desert Highland
Estates area was in response to the community' s input at several
General Plan workshops prior to its adoption. The community
feels that the multiple-family residences have provided shelter
to criminal activities in the neighborhood and have contributed
to general neighborhood deterioration with lack of property
management and maintenance. The site has been vacant in excess
of the 180 days allowable to maintain legal non-conforming
status .
Mr. Rizkalla, a new owner of the subject property, first
contacted staff on October 16 , 1996 , to ask about the criminal
element within the neighborhood. He then applied for a permit
from the Building & Safety Division for an inspection for
reinstallation of electric meters . A call for inspection was not
made until December 30, 1996, and the Building Inspector
Supervisor provided a correction list to Mr. Rizkalla listing
other outstanding issues including the need to contact Planning &
Zoning regarding planning issues . No such contact was made and
rehabilitation work continued without permits . When utility
reconnection was denied, Mr. Rizkalla then contacted Planing &
Zoning and was informed that the property could only be
reoccupied as a single-family use without approval of a time
extension of the non-conforming use. A single meter reconnection
has since been approved and one apartment has been reoccupied.
A request has been received by Michael Rizkalla to reoccupy the
site as a multiple-family residence. He has requested an
extension of time given the capital investment involved. The /VA
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A TWO-YEAR
EXTENSION OF TIME FOR THE NON-CONFORMING
STATUS OF A MULTIPLE-FAMILY RESIDENCE LOCATED
AT 3867 ELDORADO BLVD. , R-1-D ZONE, SECTION
34 .
WHEREAS the property located at 3667 El Dorado Blvd. was
originally developed in 1977 as a multiple-family residence; and
WHEREAS such multiple-family residence was permitted under the R-
G-A(6) Zone in effect at the time the agency was established; and
WHEREAS the City of Palm Springs applied the R-1-D Zone to this
property in 1995; and
WHEREAS the change of zone is consistent with the Palm Springs
General Plan adopted March 3 , 1993 , in accordance with the
concerns of the residents of the Desert Highland Estates
neighborhood that the multiple-family residential uses do not
contribute positively to the health, safety and general welfare
of the neighborhood; and
WHEREAS the R-1-D Zone does not permit multiple-family
residences; and
WHEREAS, pursuant to Section 9405 . 00 of the Zoning Ordinance, the
subject multiple-family residence became a legal non-conforming
use upon the change of zone from R-G-A(6) to R-1-D; and
WHEREAS the subject property has been vacant in excess of 180
days, thereby relieving the property of its non-conforming
status; and
WHEREAS Michael Rizkalla has requested an extension of time for
the continued operation of the non-conforming use; and
WHEREAS Michael Rizkalla has provided information regarding his
intent to maintain and manage the subject property in accordance
with community standards; and
WHEREAS Section 9405 . 00 of the Zoning Ordinance authorizes the
Planning Commission to permit an extension of time for the
operation of a non-conforming use for a maximum of two years; and
WHEREAS the Planning Commission considered the subject request in
accordance with applicable law on January 22, 1997; and
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R A V
M J PERMIT CENTER
T 12577
RECEIPT CITY OF PALM SPRINGS 3775- ,06..6
RECEIVED FROM PROJECT NAMEMESCRIPTION LAF _ Vur�, PLAN CK.OR CASE NO.
(Ar- }Joo�l - E�crn(16,ri INIe '�Ctw ' C k S 08ZS �"�i5s;
ZONING FEES ACCT.#001-32212 ENGINEERING PLAN CHECK ACCT. #001-34302 s
Change of Zone Application Fee improvement Plans 'm
u
Conditional Use Permit Grading Plans 00
Planned Development District Application Fee Miscellaneous -
x
BUILDING&SAFETY DIVISION FEES
Variance Application Fee(includes sign variance) x
Bldg.Permit#001-32201 a
a
MISCELLANEOUS FILING FEES ACCT.#001-34303 Plan Check#001-34301 w
Architectural Approval Code Compliance InsplResale Insp.#OO1J2209
Renewal&Reinspection#001-32210
Administrative Minor Modification
Miscellaneous -i^xC-- OX4 ' ZSO Miscellaneous #001-34307 }
Environmental Impact Report Review Microfilm#001-W07
a
The acceptance of an application or of a fee is not an o
SUBDIVISION FEES ACCT.#001-32213 entitlement or a pamot to construct,mange or alter any
portion of the prop"described In the application. m
a. Tentative Maps RECEmT'NOT VALID UNTIL STAMPED BY CASHIER i
3
b. Final Maps
C. Lot Line AdjlCeR.ofCpmpliaru TOTAL FEE
R IYED FR M PERMIYCENTER DATE PERMIT NO.
x Q� � 021600
OF PALM Sp City of Palm Springs ( )
Depuamenn of Planning @ Building
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ry, . Planning Division
R .p �•A k
��on�tco 3200 Taluµii[z Canyon Way• Palm Springs,CaBForuw 92262
C-1 FIB?, TEL:(760)323-8245 • FAX(760)322-8360•TDD(760)864-9527
March 13, 2000
Mr. Parham Noori - Esfandiari
19056 Singing Wood Circle
Trabuco Canyon, CA 92679
RE: NOTICE OF INCOMPLETE SUBMITTAL FOR CASE NO. 5.0829 /TIME
EXTENSION/3775 EL DORADO BLVD.
Dear Mr. Noori -Esfandiari,
I have reviewed the materials submitted with the above - captioned application and have found that
there is no written authorization from the current property owner of record for the filing of said
application. Inasmuch as you are not the property owner of record, it will be necessary for you to
obtain a written statement from the property owner authorizing you to act as their agent in this matter.
Until such time as said written authorization is obtained and filed with the City,the application for time
extension is considered incomplete and will not be processed further.
Please contact me at (760) 323-8245 if you have any questions or require clarification in this matter.
Sincerely,
Brad Weelckf'�-
Associate Planner
cc file 5.0829
Posr Office Box 27 i3 a Palm Springs, Callfurnia 92263-2743
I Y� to
FAX NO. Feb. 02 2000 11:07AM PI
or Pr.l ry S„
AUG 21 2000 M
Parham Noori-Esfandiari
19056 Singing Wood Circle CLEF
Trabuco Canyon, CA 92679
(949) 88808706
City Council
City of Palm Spring
P.O Box 2743
Palm Springs, Ca
Thursday, August 17, 2000
RE: 3775 El Dorado
Palm Springs. , CA
City Council:
T am appealing, the action taken by planning commissioners on August 9, 2000, on
recommendation of planning department. The decision on case no 5.0829(conditional use
permit) and 3.1902 (Architectural Approval, was unjust due to the facts:
A. The recommendation made by head of planning department to deny my case was
made, with out presenting the full fact about this case. And with out him, informing
the commissioners of the similar cases on the same block, being approved after the
change of zoning.
B. The extreme hardship imposed on me within the last 6 months because of not being
able to fix this property and residing in it. And the fact this property and building has
a grandfather deed as a four unit complex.
C. Providing good housing for decent people is good for this neighborhood and city of
Palm Springs. And it meets the requirement for Fair Housing Acts.
Thank you for your considerations.
Sincerly
Parham Noori-Esfandiari
,yr411
i
pF PALM Sa
-ti City of Palm Springs
V N
t Deparrmenr of Planning&Building
"v a Planning Division
(, zoa�izo, 3200 Tahquirz Canyon Way • Palm Springs,California 92262
qt f FO RN"P TEL:(760)323-8245 • FAX(760)322-8360 •TDD(760)864-9527
April 11, 2000
Mr. Parham Noori - Esfandiari
19056 Singing Wood Circle
Trabuco Canyon, CA 92679
RE: Application for Time extension no. 5.0829 /3775 El Dorado Blvd.
Dear Mr. Noori - Esfandiari,
The purpose of this letter is to confirm the main points of the telephone conversation on Thursday,
March 30, 2000, between you and Mr. Doug Evans, the Director of Planning and Building. I was
present when you and Mr. Evans spoke.
As was previously communicated to you in my letter of March 13, 2000, you are not the legal owner of
the subject property, nor do you have written authorization from the property owner to act as their
agent. Therefore, the application for time extension cannot be processed. Further, the City has no
assurance that you will assume legal ownership of the subject property in the immediate future.
If you become the legal owner of the property or the current property owner of record gives you
written authorization to act as their agent, the following issues conveyed to you by Mr. Evans on March
30, 2000 apply to the subject property and any request for a time extension:
1. The subject parcel was legally re-zoned to R-1-D (Single Family Residential Zone) by the City
Council on 10-12-95.
Post Office Box 2743 0 Palm Springs, California 92263-2743 1��'
Pg. 2
2. Due to abandonment for more than 180 days, this property has lost its legal non-conforming use as
a multiple family dwelling, and as such is considered a non-conforming dwelling. The reinstatement of
the multiple family residential designation can only be accomplished by Planning Commission action for
a two year period, for a total of no more than ten years from 10-12-95, after which it must be
converted to a single family residential use.
3. The Planning Commission may not approve the extension of time based upon the relevant facts of
the property, recommendation from staff and testimony received from any interested party prior to or at
the public hearing for the time extension.
4. Staff may not support the request for the time extension.
5. The purchaser of this property should understand that the future use of the property will most likely
be single family residential consistent with the existing zoning and general plan designations.
6. The City will not approve reconnection of any utilities to the subject property until such time as the
issue of the existing non-conforming land use and structure are conclusively resolved.
7. Any potential purchaser of this property does so at their own risk.
8. The City of Palm Springs filed a Notice of Violation against this property dated March 16, 2000
which has been recorded in the Office of the Riverside County Recorder. It is recommended that any
person or persons interested in purchasing this property obtain a copy of this notice.
If you have further questions or require clarification on this matter, please contact me anytime at (760)
323-8245.
Sincerel
Douglas . Evans
Director of Planning and Building
l y� � 3
FRuM FRX NO. : Feb. 02 2000 11:07RM P1
,LM0!�6
(ii
12000
hlParham Noori-Esfandiari19056 Singing Wood Circle C�
Trabuco Canyon, CA 92679
(949) $Sb08706
City Council
City of Palm Spring
P.O Box 2743
Palm Springs, Ca
Thursday, August 17, 2000
RE: 3775 El Dorado
Palm Springs. , CA
City Council
I am appealing, the action taken by planning commissioners on August 9, 2000, on
recommendation of planning department. The decision on case no 5,0529(conditional use
permit) and 3,1902 (Architectural Approval, was unjust due to the facts:
A. The recommendation made by head of planning department to deny my case was
made, with out presenting the frill fact about this case. And with out him, informing
the commissioners of the similar cases on the same block, being approved after the
change of zoning.
B. The extreme hardship imposed on me within the last 6 months because of not being
able to fix this property and residing in it. And the fact this property and building has
a grandfather deed as a four unit complex,
C. Providing good housing for decent people is good for this neighborhood and city of
Palm Springs. And it meets the requirement for Fair Housing Acts.
Thank you for your considerations.
Sincerly
qu L
Parham Noori-1 sfandiari
;/.
o� SAS City of Palm Springs
Office of the City Clerk "
(760) 323-8204 's
FAX (760) 322-8332 1r, "o„ a
� d41o�Aito� "
Date: August 22, 2000 T� _...,.___.-
i 4.-. AU(; l J r,
To: Director of Planning & Building
City Attorney
From: City Clerk
It appears that the attached request for Appeal is beyond the time limit established for
acceptance. Please verify whether the appeal is filed timely or not. In this case, the
appeal fee has not been received.
AV
Filed Timely (Initials) Not Timely (Initials)
Thanks,
Trisha
City of Palm Springs
Office of the City Clerk
Deena
SP. 3200 Tahquia Canyon Way• Palm Springs,California 92262
I FO{Z�, TEL:(760)323-8204 •TDD:(760)864-9527
August 24, 2000
Parham Noori-Esfandiari
19056 Singing Wood Circle
Trabuco Canyon, CA 92679
Dear Mr. Noori-Esfandiari:
I received your Request for Appeal and payment of filing fee, on August 21, 2000.
The Hearing has been set for September 20, 2000, at 7:00 PM, in the Council Chamber, 3200
E. Tahquitz Canyon Way, Palm Springs, California.
Should you have any material you wish to provide to the City Council before the meeting, you
will need to have it in our office no later than September 12, 2000.
Should you have any questions, please let me know.
Sincerely,
Patricia A. Sanders
City Clerk
Post Office Box 2743 • Palm Springs, California 92263-2743
FROM - FAX NO. Feb. 02 2000 11:07PM P1
9
AUG? 1 2000
Parham Noori-Esfandiari
19056 Singing Wood Circle �� CLEC��
Trabuco Canyon, CA 92679
(949) 888R8706
City Council
City of Palm Spring
P.O Box 2743
Palm Springs, Ca
Thursday, August 17, 2000
RE: 3775 El Dorado
Palm Springs, , CA
City Council:
i am appealing, the action taken by planning commissioners on August 9, 2000, on
recommendation of planning department. The decision on case no 5,0829(conditional use
permit) and 3.1902 (Architectural Approval, was unjust due to the facts:
A. The recommendation made by head of planning department to deny my case was
made, with out presenting the frill fact about this case. And with out him, informing
the commissioners of the similar cases on the same block, being approved after the
change of zoning.
B. The extreme hardship imposed on me within the last 6 months because of not being
able to fix this property and residing in it. And the fact this property and building has
a grandfather deed as a four unit complex.
C. Providing good housing for decent people is good for this neighborhood and city of
Palm Springs. And it meets the requirement for fair Housing Acts.
Thank you for your considerations.
Si�n/c(errllyy
)/
Parham Noon-Esfandiari
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do
hereby certify that a copy of the Notice of Public Hearing before the City
Council of the City of Pahn Springs, in conjunction with Case No. 5.0829
and Case No. 3.1902, concerning 3775 El Dorado Boulevard, was mailed
to each and every person set forth on the attached list on the 8th day of
September, 2000. A copy of said Notice is attached hereto. Said mailing
was completed by placing a copy of said Notice in a sealed envelope, with
postage prepaid, and depositing same in the U.S. Mail at Palm Springs,
California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 8th day of September, 2000.
PATRICIA SANDERS
City Clerk
NOTICE OF PUBLIC HEARING
PALM SPRINGS CITY COUNCIL
Case Nos. 5.0829 and 3.1902
3775 El Dorado Boulevard
NOTICE IS HEREBY GIVEN that the City Council ofthe City of Palm Springs,California,will hold a
public hearing at its meeting of September 20,2000. The City Council meeting begins at 7:00 p.m.in the
Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose ofthe hearing is to consider an appeal ofthe decision of the Planning Commission to deny a
time extension of a nonconforming multifamily use and exterior modifications for the subject property. The
property is zoned R-1-D.
Requests for time extensions and minor building alterations and additions are categorically exempt from an
enviromnental assessment per Section 15301 of the California Enviromnental Quality Act (CEQA).
If anyindividual or group challenges the action in court,issues raised may be limited to only those issues
raised at the public hearing described in this notice or in written correspondence at or prior to the City
Council hearing. An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case maybe directed to Hope V.Sullivan,Department of Planning and Building,
760/323-8245.
PATRICIA A. SANDERS
City Clerk
Publish: September 5, 2000
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CASE NO. 5.0829 DESCRIPTION AppeAuroarvCOUNCIL
APPLICANT pA NAM NOOpI Or M P�0510N Or ilt pLANNING COMMISSION
55rANnI NOr r0 ALLOW rON A TIME MX N5I0N Or A
NON-CONrOpMING u5r AT 5975 5I YJOW)o M12,
p-I-b ZONS
669 413 020 669 413 021 669 413 022
Claud Arnold Sr. Pavel Lavdakopulos Curtis Holt
579 Head St 270 W Las Vegas Rd 386 W Las Vegas Rd
San Francisco,CA 94132 Palm Springs,CA 92262 Palm Springs,CA 92262
669 413 023 669 413 024 669 413 025
Hud Sec Al Aseer Ent Inc Girish Chandra&Saritha Reddy
3 Hutton Centre Dr#500 PO Box 1573 5111 Old Ranch Rd
Santa Ana, CA 92707 Huntington Beach,CA 92647 La Verne,CA 91750
669 414 010 669 414 011 669 414 012
Z8&vr o ment Agency City Of Palm S Donald Meyer&Sharon Meyer Terry Wideman &Sherrill Wideman
3200 E Tahq a 509 Dahlia Ave 6325 Shetland PI
Palm Springs, CA 922 Corona Del Mar,CA 92625 West Linn,OR 97068
414013 669414014 669414015
Patrice svardi&R&P Lusvardi Floyd Johnson&Vitaline Johnson Fincl Westshore
NO STREiitNAMZQr NUMBER 110 N Bushnell Ave 777 E Tahquitz Canyon Way#329
CA Alhambra,CA 91801 Palm Springs, CA 92262
669414016 669414017 669414018
Michael Mestas Robert Brown&Lawrence Gayler Re elopment Agency City Of Palm S
3812 El Dorado Blvd 4792 Park Encino Ln#202 PO Box
Palm Springs,CA 92262 Encino,CA 91436 Palm Springs,CA 92263,
669 414 019 669 414 020 669 414 021
Geoffrey Wilson&Jeannette Wilson Blanche Cooper George Salmon&Violet Salmon
536 Stanford Rd PO Box 113 32631 Cathedral Canyon Dr
Burbank, CA 91504 Riverside,CA 92502 Cathedral City,CA 92234
669 414 023 669 441 001 669 441 009
Westshore Financial Corp Western Properties Inc Us Sprint Communications Co
777 E Tahquitz Way#329 767 5Th Ave#43Rd PO Box 8490
Palm Springs, CA 92262 New York,NY 10153 Kansas City, MO 64114
669 441 010
Frank Burgess&Loma Burgess ;1, � p
PO Box 54 CSC' r — L
Banning,CA 92220
Mr. Parham Noori-Esfandiari Mr. Parham Noori-Esfandiari
3775 El Dorado Blvd. 3775 El Dorado Blvd.
Palm Springs, CA 92262 Palm Springs, CA 92262
669 401 017 669 401 018 669 402 010
Homecomings Financial Network Wille Holland&Thelma Holland Alvis&Rodie Hatley
3915 El Dorado Blvd PO Box 1431 365 W Avenida Cerca
Palm Springs, CA 92262 Palm Springs,CA 92263 Palm Springs,CA 92262
669 402 011 669 404 012 669 404 013
Lillie Mae Crawford. Inocencio Garcia Jr.&Lolita Garcia Willie&Willie Holland Sr.
415 W Avenida Cerca 2605 N Cypress Rd Titus&Corey Holland
Palm Springs,CA 92262 Palm Springs,CA 92262 83792 Hopi Ave
Indio, CA 92203
669 412 005 669 412 006 669 412 007
Habitat For Humanity Of The Coachella Dariush&Parvin Modarress Timothy&Kathleen Bradley
PO Box 542 12 La Vista Verde Dr 307 W Bon Air Dr
Indio,CA 92202 Rancho Palos Verdes,CA 90275 Palm Springs,CA 92262
669 412 008 669 412 009 669 412 010
Homer Manning&Albertha Manning Eugene&Bonnie Robinson Frankic Ware&Thelma Ware
210 W Avenida Cerca 222 W Avenida Cerca 265 W Avenida Cerca
Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
669412011 669412012 669412013
Kenneth Stagg&Loret Stagg George Lemmons Jr.&Barbara Lemm John Evich&Cindy Evich
300 W Avenida Cerra PO Box 2244 1539 W 15Th St
Palm Springs, CA 92262 Palm Springs,CA 92263 San Pedro, CA 90732
669 413 005 669 413 006 669 413 007
Alvis&Rodie Hatley Daisy Williams First Baptist Ch Of Palm Springs
365 W Avenida Cerra 325 W Avenida Cerca PO Box 2106
Palm Springs,CA 92262 Palm Springs,CA 92262 Palm Springs,CA 92263
669 413 008 069 413 009 669 413 010
James&Jessie Goree Lauretta Successor Fields Enoris Adams
PO Box 2643 9627 Clancey Ave 245 W Avenida Cerca
Palm Springs,CA 92263 Downey,CA 90240 Palm Springs,CA 92262
669 413 011 669 413 012 669 413 013
Edwardo Olvia&Edelmira Mardrigal 1St Baptist Church Betty Schiermeister
233 W Avenida Cerca 588 W Las Vegas Rd 3395-3897 El Dorado
Palm Springs,CA 92262 Palm Springs,CA 92262 Palm Springs, CA 92263
669 413 014 669 413 015 1
413 016
Michael Rizkalla John Saar Parham Eseandiari
329 Witmer St#D PO Box 222833 3775 El Dorado
Los Angeles,CA 90017 Carmel, CA 93922 Palm Springs, CA 92
669 413 017 669 413 018 669 413 019
Charles Prawdzik Willie James Holland Co unity Redevelopment Agency Of
75780 Temple Ln Loretta Caro Holland 3200E a Canyon Way
Palm Desert,CA 92211 3975 El Dorado Blvd Palm Springs, CA
Palm Springs,CA 92262
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AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)
I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the
United States and employed in the County of Riverside, over the age of eighteen
years,and not a party to the within action or proceeding;that my business address is
3200 E.Tahquitz Canyon Drive, Palm Springs, California;that on the 31st day of July,
2000 1 served the within (NOTICE OF PUBLIC HEARING) on PLANNING
COMMISSION CASE NO. 5.0829 - Conditional Use Permit to consider a Time
Extension to re-establish the operation of a non-conforming 4 unit multiple
family use which will include miscellaneous exterior modifications.
The property in question is located at 3775 El Dorado Boulevard, R-1-D Zone,
Section 34 on persons contained in Exhibit "A" attached hereto in said action or
proceeding by depositing a true copy thereof, enclosed in a sealed envelope with
postage thereon fully prepaid, in a mailbox,sub-post office,substation or mail chute,
or other like facility, regularly maintained by the Government of the United States in the
City of Palm Springs, California, addressed to the list of persons or firms indicated
on Metroscan and certified by the City's Planning Technician.
I hereby declare under penalty of perjury that the foregoing is true and correct.
JUDITH A. NICHOLS
Dated at Palm Springs, California, this 31st day of July, 2000.
E b'c'� , A . .
669 401 017 669 401 018 669 402 010
Homecomings Financial Network Wille Holland&Thelma Holland Alvis&Rodie Harley
3915 EI Dorado Blvd PO Box 1431 365 W Avenida Cerca
Palm Springs,CA 92262 Palm Springs,CA 92263 Palm Springs,CA 92262
669 402 011 669 404 012 669 404 013
Lillie Mae Crawford Inocencio Garcia Jr.&Lolita Garcia Willie&Willie Holland Sr.
415 W Avenida Cerca 2605 N Cypress Rd Titus&Corey Holland
Palm Springs,CA 92262 Palm Springs,CA 92262 83792 Hopi Ave
Indio, CA 92203
669 412 005 669 412 006 669 412 007
Habitat For Humanity Of The Coachella Dariush&Parvin Modarress Timothy&Kathleen Bradley
PO Box 542 12 La Vista Verde Dr 307 W Bon Air Dr
Indio,CA 92202 Rancho Palos Verdes,CA 90275 Palm Springs,CA 92262
669 412 008 669 412 009 669 412 010
Homer Manning&Albertha Manning Eugene&Bonnie Robinson Frankie Ware&Thelma Ware
210 W Avenida Cerca 222 W Avenida Cerca 265 W Avenida Cerca
Palm Springs,CA 92262 Palm Springs,CA 92262 Palm Springs, CA 92262
669 412 011 669 412 012 669 412 013
Kenneth Stagg&Loret Stagg George Lemmons Jr. &Barbara Lemm John Evich&Cindy Evich
300 W Avenida Cerca PO Box 2244 1539 W 15Th St
Palm Springs,CA 92262 Palm Springs,CA 92263 San Pedro,CA 90732
669 413 005 669 413 006 669 413 007
Alvis&Rodie Hatley Daisy Williams First Baptist Ch Of Palm Springs
365 W Avenida Cerca 325 W Avenida Cerca PO Box 2106
Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs,CA 92263
669 413 008 669 413 009 669 413 010
James&Jessie Goree Lauretta Successor Fields Farris Adams
PO Box 2643 9627 Clancey Ave 245 W Avenida Cerca
Palm Springs,CA 92263 Downey,CA 90240 Palm Springs,CA 92262
669 413 011 669 413 012 669 413 013
Edwardo Olvia&Edelmira Mardrigal 1St Baptist Church Betty Schiermeister
233 W Avenida Cerca 588 W Las Vegas Rd 3395-3897 El Dorado
Palm Springs,CA 92262 Palm Springs,CA 92262 Palm Springs,CA 92263
669413014 669413015 413016
Michael Rizkalla John Saar Parham i Eseandiari
329 Witmer St#D PO Box 222833 3775 El Dorado
Los Angeles,CA 90017 Carmel,CA 93922 Palm Springs,CA 92
669 413 017 669 413 018 669 413 019
Charles Prawdzik Willie James Holland Co unity Redevelopment Agency Of
75780 Temple Ln Loretta Caro Holland 3200E TRhqWlz.Canyon Way
Palm Desert,CA 92211 3975 El Dorado Blvd Palm Springs,CA 1122 2
Palm Springs, CA 92262
NOTICE OF PLANNING COMMISSION MEETING
Case No. 5.0829 - Conditional Use Permit
3557 El Dorado Boulevard
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs,
California, will hold a public hearing at its meeting of August 9, 2000. The Planning
Commission meeting begins at 1:30 p.m. (Public Hearings begin at 2:OOp.m.) in the City
Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California.
The purpose of the hearing is to consider a Conditional Use Permit for a time extension to
re-establish the operation of a non-conforming 4 unit multiple family use which will include
miscellaneous exterior modifications. The property in question is located at 3775 El
Dorado Boulevard, R-1-D zone, Section 34.
This project is categorically exempt from the California Environmental Quality Act pursuant
to Section 15303 (New Construction and Conversion of Small Structures).
If any individual orgroup challenges the action in court,issues raised may be limited to only
those issues raised at the public hearings described in this notice or in written
correspondence at or prior to the Commission meeting.
Notice of Public Hearing is being sent to all property owners within four hundred(400)feet
of the subject property. An opportunity will be given at said hearings for all interested
persons to be heard. Questions regarding this case may be directed to Tina Shurilla,
Department of Planning & Building, 760/323-8245.
PLANNING COMMISSION
Douglas . Evans
Director Planning & Building
Mailing: July 31, 2000
669 413 020 669 413 021 669 413 022
Claud Arnold Sr. Pavel Lavdakopulos Curtis Holt
579 Head St 270 W Las Vegas Rd 386 W Las Vegas Rd
San Francisco,CA 94132 Palm Springs, CA 92262 Palm Springs,CA 92262
669 413 023 669 413 024 669 413 025
Hud Sec Al Aseer Ent Inc Girish Chandra& Saritha Reddy
3 Hutton Centre Dr#500 PO Box 1573 5111 Old Ranch Rd
Santa Ana,CA 92707 Huntington Beach,CA 92647 La Verne, CA 91750
669 414 010 669 414 011 669 414 012
Red o ment Agency City Of Palm S Donald Meyer&Sharon Meyer Terry Wideman&Sherrill Wideman
3200 E Tahq 'tz—Way 509 Dahlia Ave 6325 Shetland PI
Palm Springs,CA 922 Corona Del Mar,CA 92625 West Linn, OR 97068
414013 669414014 669414015
Patrice svardi&R&P Lusvardi Floyd Johnson&Vitaline Johnson Fincl Westshore
NO STREE r NUMBER 110 N Bushnell Ave 777 E Tahquitz Canyon Way#329
CA Alhambra,CA 91801 Palm Springs,CA 92262
669 414 016 669 414 017 669 414 018
Michael Mestas Robert Brown&Lawrence Gayler Redevelopment Agency City Of Palm S
3812 El Dorado Blvd 4792 Park Encino Ln#202 PO Box
Palm Springs, CA 92262 Encino,CA 91436 Palm Springs, CA
669 414 019 669 414 020 669 414 021
Geoffrey Wilson&Jeannette Wilson Blanche Cooper George Salmon&Violet Salmon
536 Stanford Rd PO Box 113 32631 Cathedral Canyon Dr
Burbank,CA 91504 Riverside,CA 92502 Cathedral City,CA 92234
669 414 023 669 441 001 669 441 009
Westshore Financial Corp Western Properties Inc Us Sprint Communications Co
777 E Tahquitz Way#329 767 5Th Ave#43Rd PO Box 8490
Palm Springs, CA 92262 New York,NY 10153 Kansas City, MO 64114
669 441 010
Frank Burgess&Lorna Burgess
PO Box 54
Banning, CA 92220
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CITY OF PALM SPRINGS
CASE NO. 5.0a29 DESCRIPTION AppLICAlONFRA
APPLICANT pp, AM NOOpI- CONWONAL U5� MMIT FOp A DIME �MN510N Of
F5FANPIM A NON-CONFOpM% MUI.TIU FANNY U5F I.00A�n
AT 5775 EWOP,100 PW , p-1-n ZONF, 5FC110N 34.
RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA PROVIDING A DECISION ON AN APPEAL BY
PROPERTY OWNER PARHAM NOOR ESFANDIARI OF A
DECISION BY THE PLANNING COMMISSION TO DENY A
REQUEST FOR A TIME EXTENSION OF A NONCONFORMING
USEAND EXTERIOR MODIFICATIONSTO PROPERTY LOCATED
AT 3775 EL DORADO BOULEVARD, R-1-D ZONE, SECTION 34.
WHEREAS in accordance with Section 9405.0401 ofthe Palm Springs Zoning Ordinance,
any interruption of a nonconforming use for one hundred eighty(180)days shall cause the
use to lapse and such use shall not be reinstated or further continued unless specifically
permitted bythe Planning Commission after a hearing in accordance with Section 9405.06
of the Zoning Ordinance; and
WHEREAS the Planning Commission conducted a public hearing in accordance with
Section 9405.06 of the Zoning Ordinance on August9,2000 forthe purpose of considering
a time extension for a nonconforming use that ceased for in excess of one hundred and
eighty days at property located at 3775 El Dorado Boulevard; and
WHEREAS the Planning Commission found during the public hearing that the
nonconforming use of multifamily residential is in conflict with both the General Plan
designation and zoning designation for this property; and
WHEREAS in response to property maintenance problems and criminal activity,the City of
Palm Springs has been working in cooperation with the residents, property owners and
clergy of the Desert Highlands Gateway neighborhood for the past seven years in the
development and implementation of the Recapture Our Neighborhoods program; and
WHEREAS property maintenance problems and criminal activity in the Desert Highlands
Gateway neighborhood has been found primarily on property developed as multifamily
residential; and
WHEREAS the subject property is located in the Desert Highlands Gateway neighborhood;
and
WHEREAS the Planning Commission found during the public hearing that the
nonconforming use is in conflict with the goals and objectives of the Recapture Our
Neighborhoods program; and
WHEREAS the Planning Commission found during the public hearing that the both the
existing General Plan designation and the zoning designation for single family development
is consistent with the goals and objectives of the Recapture Our Neighborhoods program;
and
WHEREAS the action ofthe Planning Commission to deny the request fora time extension
of a nonconforming use at 3775 El Dorado Boulevard is consistent with adopted City plans,
programs, policies, and regulations.
/y
Case Nos.5.0829 and 3.1902: Appeal Resolution
September 20, 2000
Page 2
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that
the decision of the Planning Commission to deny the request for a time extension of a
nonconforming use and exterior modification to property located at 377 El Dorado Boulevard,
R-1-D Zone, Section 34 is upheld.
Adopted this 20 day of September, 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM
NOD