HomeMy WebLinkAbout12/6/2000 - STAFF REPORTS (14) DATE: December 6, 2000
TO: City Council
FROM: Director of Planning and Building
CASE NO.: 5.0847 - APPEAL TO THE CITY COUNCIL BY JOSET ROBERTS FOR
FREEDOM ASSEMBLY, INC., PROPERTYOWNER,OFADECISION BYTHE PLANNING
COMMISSION TO DENY A REQUEST FOR A TIME EXTENSION OF A
NONCONFORMING USE AND EXTERIOR MODIFICATIONS TO PROPERTY LOCATED
AT 3915 AND 3945 EL DORADO BOULEVARD, R-1-D ZONE, SECTION 34.
APPEAL: The property owner, Freedom Assembly, Inc., has appealed a decision by the
Planning Commission to deny a request for a time extension of a nonconforming use for
property located at 3915 and 3945 El Dorado Boulevard, R-1-D, Section 34.
RECOMMENDATION:
Staff recommends that the City Council considerthe appeal ofthe decision by the Planning
Commission to deny a request for a time extension of a nonconforming use of property
located at 3915 and 3945 El Dorado Boulevard and that the City Council adopt the attached
resolution upholding the decision of the Planning Commission.
SUMMARY:
The applicant is seeking an appeal from the decision of the Planning Commission to not
grant a time extension for a non-conforming use. The proposed use of multifamily
residential is inconsistent with the zoning of the property,the General Plan designation,and
the goals and objectives of the Recapture Our Neighborhoods Programs. In accordance
with Section 9405.042 of the Zoning Ordinance, the nonconforming use is required to be
converted to a use consistent with the zoning by October 12, 2005. Additionally, the
properties have been vacant in excess of 180 days and has lost its non-conforming status.
BACKGROUND:
The subject properties are approximately 8,000 square feet, measuring 100 feet deep and
80feetwide. These lots were developed with two(2) 1,624 square foot duplex buildings on
each lot so as to yield four(4)dwelling units on each lot. According to available records,the
site was first developed in 1975. The current property owner has made some
improvements to the property, but the property has been vacant since June 23, 1999.
In 1993, in response to neighborhood concerns and requests,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 March 11, 1997, the City recorded with the County Recorders Office a notice of the
zoning as R-1-Dforthis property. The record states that the R-1-D zoning was established
/3A
Case 5.0847: Appeal of Planning Commission Decision
December 6, 2000
Page 2
on October 12, 1995. At the time of recordation, the owner of record was Freedom
Assembly Inc. The property owner was provided notice of this change in zone.
On June 18, 1997 the property owner requested a time extension forthe nonconforming use.
Through Resolution 4533,the Planning Commission authorized a two yeartime extension.
On December 23, 1998, the Planning Commission granted a time extension through
Resolution 4624. In adopting Resolution 4624, the Planning Commission stated that the
required improvements necessary to bring the property into compliance with applicable
codes be completed within six months of adoption of the resolution.
On June 1, 1999, the City staff sent a letter to the property owner advising that, in
accordance with Planning Commission Resolution 4624, all required improvements to the
property were to be completed by June 23, 1999.
On June 23, 1999, at the request of City staff, Southern California Edison Company de-
energize the temporary power pole supplying power to the two properties. The reason for
the City's request was failure to comply with the terms of the time extension granted on
December 23, 1998 by Planning Commission in Resolution 4624. More specifically, in
adopting Resolution 4624,the Planning Commission stated thatthe required improvements
necessaryto bring the property into compliance with applicable codes be completed within
six months of adoption of the resolution. This was not done.
On June 28, 1999,City staff sent a letter to the property owner advising that the propose use
on the site is not in compliance with current zoning regulations. The letter reviewed the
history of the neighborhood and advised that the applicant could apply to the Planning
Commission for a time extension, but that the staff would not support the request.
During its meeting of November8, 2000,the Planning Commission considered the request
for a time extension of the nonconforming use and voted 4-0,3 absentto denythe 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 November 8, 2000,the Planning Commission conducted a public hearing on a
request for a 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 substandard and dangerous multifamily residential use
/30#z
Case 5.0847: Appeal of Planning Commission Decision
December 6, 2000
Page 3
just down the street from this property. Code compliance concerns are addressed through
the Recapture Our Neighborhoods Program. Notices of Violations issued during the last
year for the property at 3915 El Dorado Boulevard were issued on November 24, 1999;
December 3, 1999; June 21, 2000, and November 7, 2000. Notices of Violations issued
during the last year for property at 3945 El Dorado were issued on November 24, 1999;
March 14, 2000, June 26, 2000, and November 7, 2000. Cited violations were primarily
associated with property maintenance problems.
The re-establishmentof the multifamily nonconforming use is contradictory of all established
City and neighborhood plans, programs and policies. Consequently, Planning Commission
recommends denial of the request for a time extension of the nonconforming use.
If a time extension is not granted, the use of the property would need to be a use that is
permitted in the R-1-D zoning district, such as a single family home on each lot.
The applicant proposes, in accordance with the applicant's agreement with FDIC, to
rehabilitate the property so as to yield two dwelling units on each lot. These dwelling units
would then be rented or sold to low - income individuals and first time home buyers.
ENVIRONMENTAL ASSESSMENT/ NOTIFICATION
Requests for time extensions are categorically exempt from an environmental assessment
per Section 15301 of California Environmental Quality Act("CEQK)and local guidelines for
implementation of CEQA.
Director oi,,Planning and Building
City Manager
ATTACHMENTS:
1. Vicinity Map.
2. Letter from applicant.
3. Letter of June 28, 1999 from City of Palm Springs to Joset Roberts
4. Minutes of the November 8, 2000 Planning Commission.
5. Draft Resolution.
/ 3A3
VICINITY MAP
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CITY OF PALM SPRINGS
CASE NO. 50547 DESCRIPTION pEQUE5TroPATHI PPE
APPLICANT joSFf p06EpT5 EXTEN51ON TO ALLOW THE CONTINUEn
NONCONrOUING U5E Or 2 PUFLEXE5 ON EACH LOT
AT 3915 & 3945 EL POpAPO 6LVb , p 7 ZONE,
5ECTION 34
FREEDOM ASSEMBL Y, Inc.
8306 Wilshire Blvd., Suite 126 Beverly Hills, CA 90211 (310) 836-2399 • Fax: (310)815-0881
A
November 9, 2000
Subject: Case No 5.0847, REQUEST FOR TIME EXTENSION OF
NONCONFORMING USE AT 3915-3945 El Dorado Blvd.
REQUEST For APPEAL To The PALM SPRINGS CITY COUNCIL
Freedom Assembly and Joset Roberts are requesting a public hearing on the above
mentioned "Denial" for Time Extension and also on the grievances below.
These 2 above properties were purchased by Freedom Assembly from F.D.I.C. in
October, 1996. The units have remained vacant during these past 4 years.
It is the contention of Freedom Assembly to prove that the City of Palm Springs and its'
Planning Commission are in full swing-repeating the Section 14 Genocide of the 1960s.
All the ingredients are the same, according to "certified" copies of the City's documents.
A. Building permits are withheld inspite of repair notices from the City.
(How can one repair if you don't give them building permits?
See Attachment "A".)
B. In the 1950s, the City wanted Section 14 for the Polo Grounds. See `B"
C. The Consolidated Plan 2000-2005 does not include rehabilitation funds, a
map, or project that names Desert Highland Estates. See "C".
The same low-income people who lived on Section 14 some 40-50 years ago, now live on
Section 34. The area is "still"undeveloped and neglected by the Economic Department
who is not trying to aid these poor people or a non-profit organization, as written in your
Consolidated Plan - See Attachment "C-3 of 10" last paragraph.
Because of the City of Palm Springs General Plan(?) Freedom Assembly has;
D. Received no grant/loan from the Economic Department in the last 4 years.
The present program is called Revitalization Program.
According to John Raymond, revitalization means single family trait and selected
home owners over 65 or at his discretion.
The Economic Development Department has us in a "Catch 22."
They have money for the "Revitalization Zone"which is clearly Desert Highland,
Section 34 or Project Area 7. John Raymond says:
(1) The money is for single family homes and mine is actually 4 units.
(2) 1 have to live in the property in order to qualify for the grant/loan.
3A1r
Page 2
REQUEST For APPEAL To The PALM SPRINGS CITY COUNCIL
But, according to the U.S. Department of H.U.D. to whom he submits a
Consolidated Plan and receives funds,revitalization is a "designated area."
1. Revitalization Area—as per U.S. Department of H.U.D. in Consolidated Plan
a `Designated area by a municipality." See Attachment `D"
Officer Next Door—The procedure for designating a revitalization area.
Teacher Program since 1995 has " " " " "
11
2. Single Family Program-according to H.U.D. `s single family mortgage
programs...of the National Housing Act Handbook- See Attachment `D-2")
The single family programs are generally dwellings with 1 to 4 family units.
3. According to F.D.I.C. —Land Use Restriction Agreement page 3 and page 5
refers to the herein 4 units as "single family property". (Attachment "D-3")
E. Freedom Assembly has experienced loss rents.
We have owned the property since October, 1996 and if you take away one(1)
year to fix the 2 properties, in question, we have loss 3 years of rents.
Appraisal for 3915 El Dorado Blvd, 06.22-98 $160,000 Rents- $2,000 @ mth
3945 " " " 09-15-98 " " " " "
( $2,000 x 2=$4,000 per month x 36 mths) A gross rental loss of $144,000
F. Freedom Assembly has experienced a loss in property value,
The appraisal for September, 2000 shows a value of$100,000.
Replacement value is still $160,000 but because of downzoning, we lost
$60,000 on each property. That's a projected sale loss of $120,000.
G. The property is dowazoned to single family
but the Finance Department is charging for 4 units on the tax bill-
(Charged$497— Should be$124 for sfr- $373 x 2 properties=$746
4 tax years(1997-2000)=$2,984 overcharge.
R The granting of this Extension will not constitute a grant of special
privileges since there are units on this strip that are fully occupied. We are
requesting to occupy one of the units, and since we will be living on the
premises, we will be like the others, and no longer be an absentee owner.
�3�6
Page 3
REQUEST For APPEAL To The PALM SPRINGS CITY COUNCIL
I. The granting of the Variance will not be materially detrimental to the public
health, safety, convenience, or welfare or injurious to property and
improvements in the same vicinity and zone in which subject property is
situated.
On the contrary! The granting of this Variance will free our hands to beautify
this corner lot with greenery, lovely fencing and install a handicap curb.
Occupancy will help public safety so that there are no more vagrants breaking
in these units. There will be less derelicts on the property and in the area.
J. The granting of an extension would not adversely affect the General Plan for the
City.
The granting of this extension will agree with the General Plan of the City,
according to the Land Use Ordance 180,
Article XX, (granting variances &conditional permits), Section 20.2;
(b) That the granting of such extension is necessary to do substantial justice,
and to avoid practical difficulty, unnecessary hardship...
Also, it will agree with Ordinance 9204. CONFLICTING ORDINANCES
(See Attachment "J".)
K The report to Planning Commission from Director of Planning &Building
states that the herein property"has had several owners since 1997".
And yet,their downzoning document has never appeared on our deeds or title.
See Attachment "K"
We are requesting the above mentioned properties be granted an Extension of
Non-Conformaning for 2 Years in order to carry out our agreement with F.D. I.C.
to provide homes to low-income and first time home buyers and
to grant justice and avoid substantial difficulty and unnecessary hardship.
Re lly,
Jo oberts-President
13A �
PALM SA/ City of Palm Springs
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Deparrmenu of Planning& Budding
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�o Planning Division
3200 Tahquim Canyon Way • Palm Springs,Caldornia 92262
Cq�/FO WtA\V TEL.(76o)323-8245 • FAX(760)322-8360 •Too(760)864.9527
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June 28, 1999Ms. Joset Roberts (�
SUN ? � IQSo
3700 Midvale Avenue 6U��O�NG DMA�9
Lose Angeles, CA 90034 O/y
SUBJECT: Conversion to single family residential use due to expiration of legal non-confotmingStatus
of multi-family use at 3915 and 3945 El Dorado Boulevard (R-1-D Zone District)
(APN 669-401-017 and -016)
Dear Ms. Roberts,
Asper Planning Commission Resolution 4624 dated December 23, 1998,the six month provision
of the resolution to make all needed repairs on the multi-family dwellings on this site expired on June 23,
1999. Specifically,since all repairs as required for the issuance of Certificate of Occupancy were not
met by the June 23, 1999 deadline,the approved time extension for continuing the legal non-conforming
multi-family uses at this site to December 23,2000 became null and void,with the plans received by this
department on June 24, 1999(dated June 2, 1999)not representing R-1-D Zone development standards.
Due to expiration,this is to advise that the site,consisting of two(2)separate lots of record, are to be
converted to that of a maximum ofone(1)single family residence per legal lot of record as allowed in the
R-1-D Zone as a principally permitted use according to City development standards.
Starting with meetings in 1992 and continuing today,the City Council took strong and positive
positions regarding crime, property, and land use in the Desert Highland-Gateway neighborhood.
Resolution of the neighborhood problems started with extensive neighborhood meetings with residents,
property owners,clergy,Police,Housing,Economic Development,and Planning staff,with specific long-
term objectives identified to upgrade,enhance,and eliminate blight in the neighborhood. These meetings
culminated in 1993 with the City Council amending the Land Use Element of the City's General Plan for
the Desert Highland-Gateway area of town to change the land use designations for properties in this
neighborhood form multi-family residential to single family residential,and in 1995 with the City Council
changing the zoning of multi-family residential properties to single family residential.These actions were
based upon strong neighborhood support forremoving blighted multi-family residential properties from this
area. The City's policies and direction in this neighborhood are to have existing non-confomung muhi-
family structures either converted to single family residences or abated.
Taking into consideration the extensive history of joint efforts of the City working with
neighborhood residents in this area to upgrade this neighborhood,you may once again apply to the Planning
Commission for yet another,time extension to legalize the non-confomung multi-family dwelling status, This
is a discretionary action to continue a non-confomung multi-family use in the R-1-D(single family)Zone.
Given the history of this area and the circumstances as noted above,staff will not support atime extension
request.
In order to initiate the conversion of the parcels to principally permitted uses in the R-1-D Zone
or to pursue another time extension involving any use of the parcels for uses more intensive than that of a
single family dwelling, staff representatives are available to meet with you. If you should have any
questions, or if you should wish to set-up a meeting, please contact me at 323-8245.
Sincerely,
4STEEOBOTTA
Associate Planner
Enclosure: Zoning Ordinance, Sec. 9201.00 - 9201.04
cc: Building Division
Community Preservation Division
Page 2 of 4
November 08, 2000
Planning Commission Minutes
Chairman Mills opened the meeting to Public Comments. There being no appearances, Public
Comments was closed.
PUBLIC HEARINGS:
Case 5.0847 —Application by Joset Roberts for a time extension of the nonconforming use of
two single family residential units on each parcel located at 3915 and 3945 El Dorado Blvd., R-
1-D Zone, Section 34.
Associate Planner Dawson reported that this time extension request is for the nonconforming
use of property that has had multiple owners and has been vacant since 1997. He explained
that there have been several violations of the Uniform Building Code and of the Uniform
Housing Code. He stated that there had been continuous vandalism, drug use, and prostitution
occurring on the site and that in 1999, the City secured the buildings and ordered the
disconnection of utilities. He reported that the City's policy, as per City Council direction, is to
convert all multi-family structures to single family residences by the year 2005, which was fully
supported by the neighborhood. He reported that staff recommends denial of the request for a
time extension.
Chairman Mills opened the Public Hearing.
Ms. Joset Roberts, applicant, addressed the Planning Commission. She stated that she has
owned the property since 1996, with the exception of 1999 during which the property was taken
by FDIC. She stated that, although the windows are boarded up, there are windows. She
stated that all walls have been textured and three new roofs installed which have been
inspected by Building staff. She reported that she had spent $22,000 in renovations on the
subject property. She stated that, in reacquiring the property from the FDIC, it is required that
the property be sold only to first-time or low-income home buyers. She requested that the City
release the authorization to Edison to restore power. She also stated that, if granted the
extension, she would have all work complete within one month and would ask that the Building
Division release the occupancy permit. She said that the Freedom Assembly is anxious to
collect rent for these units and stated that in 1998 the dwellings appraised for $160,000 but that
an appraisal in September of 2000, it was valued at $100,000.
There being no further appearances, the Public Hearing was closed.
Director reported that a time extension request can be granted for a maximum of two years and
that this property must be converted to single family residential by 2005. He also confirmed
that the applicant would have the right to appeal to the City Council if Planning Commission
denies the request.
M/S/C (Matthews/Shoenberger 4-0, 3 absent) to deny time extension.
Director reported that the neighborhood has requested that apartments be phased out and
replaced with single family residential use. He reported that the City Council recently upheld
the Planning Commission denial of a similar request (by Mr. Parham Noori-Esfandiari) for
/3I+/D
Page 3 of 4
November 08, 2000
Planning Commission Minutes
continuing a multi-family use. He stated that staff will expand the staff report to include
concerns of property owners for the City Council if the applicant appeals the Planning
Commission decision.
Case 5.0851 —Application by Palm Springs Tennis Club for a Conditional Use Permit for the
installation of lights for tennis courts 7, 8, and 9 located at 701 W. Baristo Road, R-G-A-8 Zone,
Section 15.
Removed from agenda per applicant request.
CONSENT AGENDA:
Case 3.1608 —Application by Wildcat 36 for Planning Commission consideration of a one-year
time extension for architectural approval for the construction of six buildings to be used for light
industrial use at Orr Way, between Ruppert Street and Newhan Street, M-2 Zone, Section 15.
Director reported that this application has received Planning Commission approval; however,
staff realized, after checking permit files, that a time extension would be necessary.
M/S/C (Matthews/Shoenberger 4-0, 3 absent) to approve as submitted.
Case 3,1609 —Application by Brian Orr for Planning Commission consideration of a one-year
time extension for architectural approval to allow the construction of one building to be used for
light industrial at Newhall Street, between Orr Way and 191h Avenue, M-2 Zone, Section 15.
Director reported that this application has received Planning Commission approval; however,
staff realized, after checking permit files, that a time extension would be necessary.
M/S/C (Matthews/Shoenberger 4-0, 3 absent) to approve as submitted.
MISCELLANEOUS:
Pavilion Parking Lot— Discussion of parking lot striping.
Director explained that the Parks and Recreation Department has been receiving complaints
concerning the white striping on white concrete parking lot at the Pavilion which is very difficult
to see, especially after dark. He reported that the dot spots used at the Mizell Senior Center
have not caused trip concerns there.
Planning Commission agreed with the use of dot spots for delineating parking spaces at this lot.
/3 ##
VALAM
JiM
;e City of Palm Springs
Office of the City Clerk
+.cO"xoxxi co� x
(` "''_--= p• 3200 Tahquitz Canyon Way•Palm Springs,California 92262
FO TEL.(760)323-8204 •TDD:(760)S64-9527
November 13, 2000
Freedom Assembly, Inc.
Atten: Joset Roberts
8306 Wilshire Blvd, Suite 126
Beverly Hills, CA 90211
Dear Ms. Roberts:
RE: Appeal of Palm Springs Planning Commission Decision
Case 5.0847 — 3915-3945 El Dorado Blvd:
This will acknowledge receipt of your appeal on the above-mentioned properties for
Planning Commission decision dated November 8, 2000 of said project and payment of
the required fee of $275.
There are references in your letter to exhibits, please be advised there were no exhibits
attached to the appeal letter.
Your appeal will be set for hearing before the City Council on December 6, 2000, at 7
p.m., in the Council Chamber, 3200 Tahquitz Canyon Way; notice of the hearing will be
mailed at least ten days prior to the day of the hearing. If you wish to provide any written
material to the City Council, to be included in its agenda packet prior to the meeting,
please furnish 10 copies to me no later than November 30, 2000.
PATRICIA A. SANDERS
City Clerk
cc: Planning
Post Office Box 2743 0 Palm Springs, California 92263-2743
1T# o c
FREEDOM ASSEMBLY, Inc.
a~ o
�Q 8306 Wilshire Blvd., Suite 126 Beverly Hills, CA 90211 (310) 836-2399 • Fax: (310)8ts-0881
November 9, 2000
Subject: Case No 5.0847, REQUEST FOR TIME EXTENSION OF
NONCONFORMING USE AT 3915-3945 El Dorado Blvd.
REQUEST For APPEAL To The PALM SPRINGS CITY COUNCIL,
Freedom Assembly and Joset Roberts are requesting a public hearing on the above
mentioned "Denial"for Time Extension and also on the grievances below.
These 2 above properties were purchased by Freedom Assembly from F.D.I.C. in
October, 1996. The units have remained vacant during these past 4 years.
It is the contention of Freedom Assembly to prove that the City of Palm Springs and its'
Planning Commission are in full swing-repeating the Section 14 Genocide of the 1960s.
All the ingredients are the same, according to "certified"copies of the City's documents.
A. Building permits are withheld inspite of repair notices from the City.
(How can one repair if you don't give them building permits?
See Attachment "A".)
B. In the 1950s,the City wanted Section 14 for the Polo Grounds. See "B"
C. The Consolidated Plan 2000-2005 does not include rehabilitation funds, a
map, or project that names Desert Highland Estates. See "C".
The same low-income people who lived on Section 14 some 40-50 years ago,now live on
Section 34. The area is "still"undeveloped and neglected by the Economic Department
who is not trying to aid these poor people or a non-profit organization, as written in your
Consolidated Plain - See Attachment "C-3 of 10"last paragraph.
Because of the City of Palm Springs General Plan(?)Freedom Assembly has;
D. Received no grant/loan from the Economic Department in the last 4 years.
The present program is called Revitalization Program.
According to John Raymond, revitalization means single family unit and selected
home owners over 65 or at his discretion.
The Economic Development Department has us in a "Catch 22."
They have money for the"Revitalization Zone"which is clearly Desert Highland,
Section 34 or Project Area 7. John Raymond says:
(1) The money is for single family homes and mine is actually 4 units.
(2) 1 have to live in the property in order to qualify for the grant/loan.
Page 2
REQUEST For APPEAL To The PALM SPRINGS CITY COUNCIL
But, according to the U.S. Department of H.U.D. to whom he submits a
Consolidated Plan and receives fiords,revitalization is a "designated area."
1. Revitalization Area—as per U.S. Department of H.U.D. in Consolidated Plan
a"Designated area by a municipality." See Attachment "D"
Officer Next Door--The procedure for designating a revitalization area.
Teacher Program since 1995 has " 11
" " 11
"
2. Single Family Program-according to H.U.D. `s single family mortgage
programs...of the National Housing Act Handbook- See Attachment "D-2")
The single family programs are generally dwellings with 1 to 4 family units.
3. .According to F.D.I.C. —Land Use Restriction Agreement page 3 and page 5
refers to the herein 4 units as "single family property". (Attachment`D-3")
E. Freedom Assembly has experienced loss rents.
We have owned the property since October, 1996 and if you take away one(1)
year to fix the 2 properties, in question,we have loss 3 years of rents.
Appraisal for 3915 El Dorado Blvd, 06-22-98 $160,000 Rents- $2,000 @ mth
3945 " " " 09-15-98 " " " " "
( $2,000 x 2=$4,000 per month x 36 mths) A gross rental loss of $144,000
F. Freedom Assembly has experienced a loss in property value.
The appraisal for September, 2000 shows a value of$100,000.
Replacement value is still $160,000 but because of dowazoning, we lost
$60,000 on each property. That's a projected sale loss of $120,000.
G. The property is downzoned to single family
but the Finance Department is charging for 4 units on the tax bill.
(Charged$497— Should be $124 for sir- $373 x 2 properties=$746
4 tax years(1997-2000)_$2,984 overcharge.
H. The granting of this Extension will not constitute a grant of special
privileges since there are units on this strip that are fully occupied. We are
requesting to occupy one of the units, and since we will be living on the
premises, we will be like the others, and no longer be an absentee owner.
Ak
Page 3
REQUEST For APPEAL To The PALM SPRINGS CITY COUNCIL
I. The granting of the Variance will not be materially detrimental to the public
health, safety, convenience, or welfare or injurious to property and
improvements in the same vicinity and zone in which subject property is
situated.
On the contrary! The granting of this Variance will free our hands to beautify
this comer lot with greenery, lovely fencing and install a handicap curb.
Occupancy will help public safety so that there are no more vagrants breaking
in these units. There will be less derelicts on the property and in the area.
J. The granting of an extension would not adversely affect the General Plan for the
City.
The granting of this extension will agree with the General Plan of the City,
according to the Land Use Ordance 180,
Article XX, (granting variances&conditional permits), Section 20.2;
(b) That the granting of such extension is necessary to do substantial justice,
and to avoid practical difficulty, unnecessary hardship...
Also, it will agree with Ordinance 9204. CONFLICTING ORDINANCES
(See Attachment 'T'.)
K The report to Planning Commission from Director of Planning &Building
states that the herein property "has had several owners since 1997".
And yet,their downzoning document has never appeared on our deeds or title.
See Attachment "K"
We are requesting the above mentioned properties be granted an Extension of
Non-Conformaning for 2 Years in order to carry out our agreement with F.D. LC.
to provide homes to low-income and first time home buyers and
to grant justice and avoid substantial difficulty and unnecessary hardship.
Res Illy,
los/(koberts-President
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 Palm Springs, in conjunction with Cs. 5.0847, 3915
and 3945 El Dorado Boulevard, regarding time extension of a
nonconforming multifamily use, Zone R-1-1), was mailed to each and every
person on the attached list on the 21st day of November, 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 21st day of November, 2000.
PATRICIA A. SANDERS
City Clerk
NOTICE OF PUBLIC HEARING
PALM SPRINGS CITY COUNCIL
Case Nos. 5.0847
3915 and 3945 El Dorado Boulevard
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,California,will hold a
public hearing at its meeting of December 6,2000. 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 for the subject property. The property is zonedR-1-D.
Requests for time extensions and minor building alterations and additions are categorically exempt from an
environmental assessment per Section 15301 of the California Environmental Quality Act (CEQA).
If any individual or group challenges the action in court,issues raised maybe 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 may be directed to Hope V.Sullivan,Department of Planning and Building,
760/323-8245.
PATRICIA A. SANDERS
City Clerk
Publish: November 22, 2000
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CITY OF PALM SPRINGS
CASE NO. S.OeM7 DESCRIPTION kEQUE5TFOkA1111W -lME
APPLICANT J05ET pOEpT5 EXTEN5I0N TO A,LOW THE CONTINUEP
NONCONPOPWING U5E Of 2 PUPI M5 ON EACH �Of
AT 3915 & 3995 E� nOVVO 6LVn., p-I-n ZONE,
5ECION 324
Joset Roberts Joset Roberts Joset Roberts
8306 Wilshire Blvd., Suite 126 8306 Wilshire Blvd., Suite 126 8306 Wilshire Blvd., Suite 126
Beverly Hills, CA 90211 Beverly Hills, CA 90211 Beverly Hills, CA 90211
Joset Roberts _
8306 Wilshire Blvd., Suite 126
Beverly Hills, CA 900 211 a
APN 669-413-011 APN 669-413-010 APN 669-413-016
EDWARDO OLVIA&EDELMIRA MADRIGAL ENORIS A.ADAMS PARHAN NOORI-ESFANDIARI
5753G E SANTA ANA CANYON RD 245 W AVENIDA CERCA 3775 EL DORADO BLVD
ANAHEIM CA 92807-3229 PALM SPRINGS CA 92262-0694 PALM SPRINGS CA 92262-1418
APN 669-413-013 APN 669-413-014 APN 669-414-023 e D 1
BETTY SCHIERMEISTER MICHAEL RIZKALLA WESTSHORE FINANCIAL CORP
3395 EL DORADO 329 WITMER ST APT D 777 E TAHQUITZ CANYON WAY STE 329
PALM SPRINGS CA 92262 LOS ANGELES CA 90017-1347 PALM SPRINGS CA 92262-6799
APN 669-414-014 AP 669-414-015 APN 669-414-018
FLOYD W.&VITALINE A.JOHNSON WESTSHOR CIAL CORP REDEVELOPMENT AGENCY CITY OF PALM
110 N BUSHNELL AVE 77 -E QUITZ CA WAY STE 329 PO BOX 2743
ALHAMBRA CA 91801-1903 M BE
CA 92262- PALM SPRINGS CA 92263-2743
APN 669-414-017 APN 669-414-020 APN 669-414-019
ROBERT BROWN BLANCHE COOPER GEOFFREY F.&JEANNETTE L.WILSON
4792 PARK ENCINO LN APT 202 PO BOX 113 536 STANFORD RE)
ENCINO CA 91436-3281 RIVERSIDE CA 92502 ,BU���nR,BrANK CA 91504-2950
APN 669-414-021 APN 669-414-016 77Ail-i � -
GEORGE &VIOLET R.SALMON MICHAEL V.&SUZANNE L.MESTAS �W� V71�Wes^', ,^,^, II nn�^, /.�� �1,-��.y"y�y
32631 CATHEDRAL CANYON DR PO BOX 311 -7, f 4 1�1� n eo Q� "\
CATHEDRAL CITY CA 92234-4018 MIRA LOMA CA 91752-0311
4av1 C��jolek �2--133
APN 669-404-013 APN 669-404-0141'D,* APN 669-404-015
WILLIE J.HOLLAND CITY OF PALM SPRINGS CORRINE MARIE GOMEZ
83792 HOPI AVE PO BOX 2743 2404 HYATT RD
INDIO CA 92203-2640 PALM SPRINGS CA 92263-2743 SAN BERNARDINO CA 92407-2246
APN 669-404-005 poq- OI I APN 669-404-004 APN 669-404-016 a I o
WESTSHORE FINANCIAL CORP LESTER M.&CLARA T.ZIVE CORRINE MARIE GOMEZ
777 E TAHQUITZ CANYON WAY 3522 CROWNRIDGE DR 2404 HYATT RD
PALM SPRINGS CA 92262-6784 SHERMAN OAKS CA 91403-4814 SAN BERNARDINO CA 92407-2246
APN 6(�0�01 GEC, APN 669-404-019 APN 669-404-020
WILLIE JAMES&LOREITTA HOLLAND DWIGHT A.OSBORNE CLARICE SHORE
3975 EL DORADO BLVD PO BOX 3126 9767 RESEDA BLVD#TH97
PALM SPRINGS CA 92262-1420 BEAUMONT CA 92223-1176 NORTHRIDGE CA 91324-2072
APN 669-404-021 APN 669-404-006 APN 669-404-007
BREEZELAND CITY OF PA SP WESTSHO FIN IAL CORP
PO BOX 491878 PO OX 2 777 E TAHQUI YON WAY
LOS ANGELES CA 90049-8878 PAL SPRINGS GA 92 743 PALM SPRI S CA 922 -
APN 669-404-009 APN 669-404-010 APN 69-404-011
SALUD VENGER CORRIN ARIE GOMEZ WESTSHOR NCI P
3989 N INDIAN CANYON DR 2404 HYAT D 777E N STE 329
PALM SPRINGS CA 92262-1621 SAN BERN - 246 PALM SPRINGS CA 92262-6799
APN 669-404-012 APN 669-404-018 APN 669-404-008
INOCENCIO S.&LOLITA L.GARCIA WILLIE JAMES&TITUS HOLLAND SALLY VENGER
2605 N CYPRESS RD 83792 HOPI AVE 3989 N INDIAN CANYON DR
PALM SPRINGS CA 92262-2542 INDIO CA 92203-2640 PALM SPRINGS CA 92262-1621
APN 669-411-004 APN 669-412-005 APN 669-412-006
DIXIE MILLER HABITAT FOR HUMANITY OF COACHELLA DARIUSH &PARVIN MODARRESS
460 W BON AIR DR PO BOX 542 PO BOX 6833
PALM SPRINGS CA 92262-1413 INDIO CA 92202-0542 SAN PEDRO CA 90734-6833
APN 669-412-008 APN 669-412-009 APN 669-412-010
HOMER &ALBERTHA MANNING EUGENE B.&BONNIE M.ROBINSON FRANKIE J.&THELMA M.WARE
210 W AVENIDA CERCA 222 W AVENIDA CERCA 265 W AVENIDA CERCA
PALM SPRINGS CA 92262-1403 PALM SPRINGS CA 92262-1403 PALM SPRINGS CA 92262-0694
APN 669-412-011 APN 669-412-012 APN 669-412-007
KENNETH D.&LORET L.STAGG GEORGE H.LEMMONS TIMOTHY &KATHLEEN BRADLEY
300 W AVENIDA CERCA PO BOX 2244 307 W BON AIR DR
PALM SPRINGS CA 92262-1403 PALM SPRINGS CA 92263-2244 PALM SPRINGS CA 92262-1410
APN 669-413-015 APN 669-413-009 APN 669-413-012
JOHN SAAR LAU RETTA A.&L.A.FIELDS 1ST BAPTIST CHURCH
PO BOX 222833 9027 CLANCEY AVE 588 W LAS VEGAS RD
CARMEL CA 93922-2833 DOWNEY CA 90240-3406 PALM SPRINGS CA 92262-1444
APN 669-401-018 ,` APN 669-401-023 APN 669-401-00811 oFvq
WILLE B.&THELMA HOLLAND THOMYE L.PELLUM KENNAN TRUST
PO BOX 1431 PO BOX 364 641 NORUMBEGA DR
PALM SPRINGS CA 92263.1431 BANNING CA 92220-0003 MONROVIA CA 91016-1814
APN 669-401-009 APN 669-401-012 APN 669-401-013
KENNAN RUST<14
i ELEANOR M.&MATTHEW P.PETRITIS MANAHAN MARIAN AFURONG
641 NORUM 26255 FAIRLANE DR 15877 REGALADO ST
M0NROVIA 9 SUN CITY CA 92586-1903 HACIENDA HEIGHTS CA 91745-4777
APN 669-401-017 APN 669-401-016 APN 669-401-015
HOMECOMINGS FINL NETWORK INC JOSET ROBERTS JAMES E.MURRELL
9275 SKY PARK CT 3RD FL 3700 MIDVALE AVE PO BOX 9154
SAN DIEGO CA 92123-4303 LOS ANGELES CA 90034-6605 PALM SPRINGS CA 92263-7154
APN 669-401-014 APN 669-401-011 APN 669-401-019
WILLIE J.& ETTA H ND FLOYD &ANNIE L.LEWIS WILLIE B.&THEL
3975 EL DORADO 4095 EL DORADO BLVD 210 W SUNVIEW
PALM SP CA 92262-1 PALM SPRINGS CA 92262-1420 PALM SPRINGS CA 92262-1458
APN 669-401-020 APN 669-401-021 APN 669-401-022
WILLIE A.THOMPSON ARTHUR L.&LILLIAN MAE YOUNG GREGORY A.DENNIS
222 W SUNVIEW AVE 240 W SUNVIEW AVE 262 W SUNVIEW AVE
PALM SPRINGS CA 92262-1458 PALM SPRINGS CA 92262-1458 PALM SPRINGS CA 92262-1458
APN 669-401-024 APN 669-401-010 APN 669-402-011
IVORY MURRELL RICHARD Q.WINN LILLIE MAE CRAWFORD
14 ASHBY CIR 669 E KETTERING ST 415 W AVENIDA CERCA
PALM SPRINGS CA 92262-1401 LANCASTER CA 93535-2628 PALM SPRINGS CA 92262-0695
APN 669-402-008 APN 669-402-010 APN 669-402-012
CURTIS HOLT ALVIS &RODIE M.HATLEY VERN F.BRINDLEY
386 W LAS VEGAS RD 365 W AVENIDA CERCA 310 W PALM VISTA DR
PALM SPRINGS CA 92262-1440 PALM SPRINGS CA 92262-1402 PALM SPRINGS CA 92262-1454
APN 669-402-013 APN 669-402-009 APN 669-402-007
OPHELIA G.CRAWFORD MARCELLUS &ESSIELENE ROUGELY LAVERNE C.WASH
PO BOX 831 PO BOX 72 PO BOX 570 -
PALM SPRINGS CA 92263-0831 PALM SPRINGS CA 92263-0072 PALM SPRINGS CA 92263-0570
APN 669-402-006 APN 669-402-005 APN 669-403-004
HERBERT H.LUCAS ORON JACKSON BISHOP F.&DIXIE MILLER
315 W SUNVIEW AVE 331 W SUNVIEW AVE 323 W PALM VISTA DR
PALM SPRINGS CA 92262-1459 PALM SPRINGS CA 92262-1459 PALM SPRINGS CA 92262-1453
APN 669-404-022�, Do I AP 669-404-001 APN 669-404-023
WESTSHORE FINANCIAL CORP WESTSHOR P ROBERT BROWN
777 E TAHQUITZ CANYON WAY 777 E TAHQ ANY WAY 4538 PARK CORDERO
PALM SPRINGS CA 92262-6784 P INGS CA 92262-6784 CALABASAS CA 91302-1764
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N 66 1 �P✓L�' MICHAEL V.&SUZANNE L.MESTAS
PP gRO�NN �,p ) PO BOX 311
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PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
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 eighteen -------------Nm6594 - -
years,and not a party YO Or interested In the NOTICE OF PUBLIC HEARING
above-entitled matter.I am the principal clerk Of a PALM SPRINGS CITY COUNCIL
P 1 Case Nos. 5.0847
tinter of the,DESERT SUN PUBLISHING
p 3915 and 3945 Ef Dorado Boulevard
NOTICE IS HEREBY GIVEN that the City Council
COMPANY a newspaper of general circulation, of the City of Palm Springs,California,will hold a
printed and published in the city of Palm Springs, 2000. The OR Council me�etn g(begins at 7:0mber 0
pp m. in the Council Chambers at City Hall, 3200
County Of Riverside,and which ri¢WShaper has been E.Tahguitz Canyon Way, Palm Springs.
adjudged a newspaper of general circulation b the The purpose of the hearing is to consider an ap-
J gg Y peal of the decision of the Planning Commission
Superior Court Of the County Of Riverside,State Of to deny a time extension of a nonconforming mul-
tifamily use for the subject property The property
California under the date of March 24,1988.Case Is zoned R-1-D.
Number 191236;that the notice,of which the
annexed is a printed copy(set in type not smaller
than non pi riel,has been published in each regular
and entire issue of said newspaper and not in any - k
supplement thereof on the following dates,to wit:
f �
November 22 - - - - - - -
-----------------nil- ----- -- --- ------------------ - h
------------------------------------------------------
All in the year 2000 — _giir or =nuIn sPnuvcs
pjS"f rfi,""�""' •_ x i�fi:Cl5t"
I certify(or declare)under penalty of perjury that the Requests for time extensions and F,mor bcllding
foregoing is true and correct. alterations and additions are categorically exempt
from an environmental assessment;per Section
22nd (1(5301 of the California Environmental Quality Act
Dated at Palm Springs,California this--------------day If anz ndividual or group challenges the action in
November court, issues raised may be limited to only those
issues raised at the public hearin described in
of---------------------------------------2000 this notice or in written correspondgence at or pri-
or to the City Council hearing.An opportunity will
be given at said hearing for all interested persons
to
be directed to Hope V. Sullivan,
ICIA A.Department
NDEe f
be dire aed Questionsu Id neV. S/323 824 s case
ty
Y
r p
9
Signature e
g _PUB: November 22, 2000
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 251" day of October, 2000, 1 served the
within (NOTICE OF PUBLIC HEARING) on PLANNING COMMISSION CASE NO. 5.0847
an application by Joset Roberts to consider an extension of time for a nonconforming
residential density, at 3915 and 3945 El Dorado Blvd, application requests approval to
continue two (2) Single family residences at each address, 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 the report received from the title company dated October
12, 2000 and certified by the City's Planning Technician, and attached hereto as Exhibit"A".
I hereby declare under penalty of perjury that the foregoing is true and correct.
Anita C. Graves
Dated at Palm Springs, California, this 25`h day of October, 2000.
FIRST AMERICAN TITLE INSURANCE COMPANY
41690 ENTERPRISE CIRCLE NORTH
SUITE 108
TEMECULA, CALIFORNIA 92590
(909) 296-2930
PROPERTY OWNER CERTIFICATION (G)
I, T.vSA I FF certify that on OCTOBER 12, 2000 the attached property owners list was
prepared by FIRST AMERICAN TITLE pursuant to application requirements furnished by the City of RIVERSIDE
Planning Department. Said list is a complete and true compilation of owner of the subject property and all other property
owners within 400' feet of the property involved in the application and is based upon the latest equalized assessment
rolls.
I further certify that the information filed is true and correct to the best of my knowledge; I understand that incorrect
or erroneous information may be grounds for rejection or denial of the application.
NAME: TycA TFF
TITLE/REGISTRATION: CUSTOMER SERVICE REPRESENTATIVE
PHONE NO.: 909 296-2930 (8:OOa.m. -S:OOp.m.)
CASE NO: 669-401-017
DATE: OCTOBER 12,2000
SIGNATURE:
LY�S EE �'t j
li
NOTICE OF PLANNING COMMISSION MEETING
Time Extension for Nonconforming Use (Case No. 5.0847)
3915 and 3945 El Dorado Blvd
NOTICE IS HEREBY GIVEN that the Planning Commission ofthe City ofPalm Springs,California,will
hold a public hearing at its meeting ofNovember 8,2000.The Planning Commission meeting begins at
1:30 p.m.(public hearings begin at 2:00 p.m.)in the Council Chambers at City Hall,3200 E.Tahquitz
Canyon Way, Palm Springs.
The purpose ofthe hearing is to consider an extension oftime for a nonconforming residential density. The
application is by Joset Roberts for the property located at 3915 and 3945 El Dorado Blvd;the application
requests approval to continue two(2)single family residences at each address. The subject property is
zoned R-1-D , Section 34.
A Categorical Exemption per CEQA Sec. 15301,minor alteration of an existing facility,is applicable for
this project. If any individual or group challenges the action in court,issues raised maybe limited to only
those issues raised at the public hearing described in this notice or in written correspondence at or prior
to the Planning Commission hearing. An opportunity will be given at said hearing for all interestedpersons
to be heard. Questions regarding this case may be directed to David Dawson,Department ofPlanning&,
Building, 760/322-8364 ext. 8731.
PLANNING COMMISSION
A
To Desert Sun: 10/24/00 DOUGLA R. EVANS
Publish: 10/27/00 Director of Planning & Building
APN. 669-401-018 t' Dl q APN 669-401-023 APN 669-401-008
WILLE B, &THELMA HOLLAND THOMYE L.PELLUM KENNAN TRUST
PO BOX 1431 PO BOX 364 641 NORUMBEGA DR
PALM SPRINGS CA 92263-1431 BANNING CA 92220-0003 MONROVIA CA 91016-1814
APN 669-401-009 APN 669-401-012 APN 669-401-013
KENNAN ST ELEANOR M.&MATTHEW P.PETRITIS MANAHAN MARIAN AFURONG
641 NORU R 26255 FAIRLANE DR 15877 REGALADO ST
MO IA CA 9101 - 14 SUN CITY CA 92586-1903 HACIENDA HEIGHTS CA 91745-4777
APN 669-401-017 APN 669-401-016 APN 669-401-015
HOMECOMINGS FINL NETWORK INC JOSET ROBERTS JAMES E.MURRELL
9275 SKY PARK CT 3RD FL 3700 MIDVALE AVE PO BOX 9154
SAN DIEGO CA 92123-4303 LOS ANGELES CA 90034-6605 PALM SPRINGS CA 92263-7154
APN 669-401-014 APN 669-401-011 APN 669-401-019
WILL
>DS
LAND FLOYD &ANNIE L LEWIS WILLIE B &THELMA LAND
3975 D 4095 EL DORADO BLVD 210 W SUNVIEW AVPALM 92 -1420 PALM SPRINGS CA 92262-1420 PALM SSPP FN CA 92262-1458
APN 669-401-020 APN 669-401-021 APN 669-401-022
WILLIE A THOMPSON ARTHUR L.&LILLIAN MAE YOUNG GREGORY A.DENNIS
222 W SUNVIEW AVE 240 W SUNVIEW AVE 262 W SUNVIEW AVE
PALM SPRINGS CA 92262-1458 PALM SPRINGS CA 92262-1458 PALM SPRINGS CA 92262-1458
APN 669-401-024 APN 669-401-010 APN 669-402-011
IVORY MURRELL RICHARD Q.WINN LILLIE MAE CRAWFORD
14 ASHBY CIR 669 E KETTERING ST 415 W AVENIDA CERCA
PALM SPRINGS CA 92262-1401 LANCASTER CA 93535-2628 PALM SPRINGS CA 92262-0695
APN 669-402-008 APN 669-402-010 APN 669-402-012
CURTIS HOLT ALVIS &RODIE M.HATLEY VERN F.BRINDLEY
386 W LAS VEGAS RD 365 W AVENIDA CERCA 310 W PALM VISTA DR
PALM SPRINGS CA 92262-1440 PALM SPRINGS CA 92262-1402 PALM SPRINGS CA 92262-1454
APN 669-402-013 APN 669-402-009 APN 669-402-007
OPHELIA G CRAWFORD MARCELLUS &ESSIELENE ROUGELY LAVERNE C.WASH
PO BOX 831 PO BOX 72 PO BOX 570
PALM SPRINGS CA 92263-0831 PALM SPRINGS CA 92263-0072 PALM SPRINGS CA 92263-0570
APN 669-402-006 APN 669-402-005 APN 669-403-004
HERBERT H. LUCAS CRON JACKSON BISHOP F.&DIXIE MILLER
315 W SUNVIEW AVE 331 W SUNVIEW AVE 323 W PALM VISTA DR
PALM SPRINGS CA 92262-1459 PALM SPRINGS CA 92262-1459 PALM SPRINGS CA 92262-1453
APN 66�-404-022 Uri I APN 69-404-001 APN 669-404-023
WESTSHORE FINANCIAL CORP WESTSHORE ORP ROBERT BROWN
777 E TAHQUITZ CANYON WAY 777 E T Z C ON WAY 4538 PARK CORDERO
PALM SPRINGS CA 92262-6784 PA SPRINGS CA 922 2-6784 CALABASAS CA 91302-1764
APN 66.9-404-013 APN 669-404-014;64) APN 669-404-015
WILLIE J.HOLLAND CITY OF PALM SPRINGS CORRINE MARIE GOMEZ
83792 HOPI AVE PO BOX 2743 2404 HYATT RD
INDIO CA 92203-2640 PALM SPRINGS CA 92263-2743 SAN BERNARDINO CA 92407-2245
APN 669-404-005 rxi7� ol( APN 669-404-004 APN 669-404-016 a c�
WESTSHORE FINANCIAL CORP LESTER M.&CLARA T.ZIVE CORRINE MARIE GOMEZ
777 E TAHQUITZ CANYON WAY 3522 CROWNRIDGE DR 2404 HYATT RD
PALM SPRINGS CA 92262-6784 SHERMAN OAKS CA 91403-4814 SAN BERNARDINO CA 92407-2246
APN 669-404-017, 4 APN 669-404-019 APN 669-404-020
vG�1-�I-vt
WILLIE JAMES&LORETTA HOLLAND DWIGHT A.OSBORNE CLARICE SHORE
3975 EL DORADO BLVD PO BOX 3126 9767 RESEDA BLVD 9 TH97
PALM SPRINGS CA 92262-1420 BEAUMONT CA 92223-1176 NORTHRIDGE CA 91324-2072
APN 669-404-021 APN 669-404-006 APN 669-404-007
BREEZELAND CITY O LM SPRING WEST S FINANCIAL CORP.,PO BOX 491878 PO BOX 2743 777 E T�H:E
I Y
LOS ANGELES CA 90049-8878 PALM SP S CA 9226 - 3 PA CA 922
APN 669-404-009 APN 669-404-010 APN 669-404-011
SALUD VENGER CORRINE ARIE GOMEZ -� WESTSHORE NCIAL P
3989 N INDIAN CANYON DR 2404 HYAT� 777 E TAHQUIT ON WAY STE 329
PALM SPRINGS CA 92262-1621 SAN BER` fl CA 92407- PAL GS CA 9226 - 799
APN 669-404-012 APN 669-404-018 APN 669-404-008
INOCENCIO S.&LOLITA L.GARCIA WILLIE JAMES&TITUS HOLLAND SALLY VENGER
2605 N CYPRESS RD 83792 HOPI AVE 3989 N INDIAN CANYON DR
PALM SPRINGS CA 92262-2542 INDIO CA 92203-2640 PALM SPRINGS CA 92262-1621
APN 669-411-004 APN 669-412-005 APN 669-412-006
DIXIE MILLER HABITAT FOR HUMANITY OF COACHELLA DARIUSH &PARVIN MODARRESS
460 W BON AIR DR PO BOX 542 PO BOX 6833
PALM SPRINGS CA 92262-1413 INDIO CA 92202-0542 SAN PEDRO CA 90734-6833
APN 669-412-008 APN 669-412-009 APN 669-412-010
HOMER &ALBERTHA MANNING EUGENE B.&BONNIE M. ROBINSON FRANKIE J.&THELMA M.WARE
210 W AVENIDA CERCA 222 W AVENIDA CERCA 265 W AVENIDA CERCA
PALM SPRINGS CA 92262-1403 PALM SPRINGS CA 92262-1403 PALM SPRINGS CA 92262-0694
APN 669-412-011 APN 669-412-012 APN 669-412-007
KENNETH D.&LORET L.STAGG GEORGE H.LEMMONS TIMOTHY &KATHLEEN BRADLEY
300 W AVENIDA CERCA PO BOX 2244 307 W BON AIR DR
PALM SPRINGS CA 92262-1403 PALM SPRINGS CA 92263-2244 PALM SPRINGS CA 92262-1410
APN 669,-413-015 APN 669-413-009 APN 669-413-012
JOHN SAAR LAURETTA A.&L.A, FIELDS 1ST BAPTIST CHURCH
PO BOX 222833 9627 CLANCEY AVE 588 W LAS VEGAS RD
CARMEL CA 93922-2833 DOWNEY CA 90240-3406 PALM SPRINGS CA 92262-1444
APN 669-413-011 APN 669-413-010 APN 669-413-016
EDWARDO OLVIA&EDELMIRA MADRIGAL ENORIS A.ADAMS PARHAN NOORI-ESFANDIARI
5753G E SANTA ANA CANYON RD 245 W AVENIDA CERCA 3775 EL DORADO BLVD
ANAHEIM CA 92807-3229 PALM SPRINGS CA 92262-0694 PALM SPRINGS CA 92262-1418
APN 669-413-013 APN 669-413-014 APN 669-414-023 , 01S
BETTY SCHIERMEISTER MICHAEL RIZKALLA WESTSHORE FINANCIAL CORP
3395 EL DORADO 329 WITMER ST APT D 777 E TAHQUITZ CANYON WAY STE 329
PALM SPRINGS CA 92262 LOS ANGELES CA 90017-1347 PALM SPRINGS CA 92262-6799
APN 669-414-014 >TA
4<92262-679
APN 669-414-018
FLOYD W.&VITALINE A.JOHNSON REDEVELOPMENT AGENCY CITY OF PALM
110 N BUSHNELL AVE PO BOX 2743
ALHAMBRA CA 91801-1903 PALM SPRINGS CA 92263-2743
APN 669-414-017 APN 669-414-020 APN 669-414-019
ROBERT BROWN BLANCHE COOPER GEOFFREY F.&JEANNETTE L WILSON
4792 PARK ENCINO LN APT 202 PO BOX 113 536 STANFORD RD
ENCINO CA 91436-3281 RIVERSIDE CA 92502 BURBANK CA 91504-2950
APN 669-414-021 APN 669-414-016
GEORGE &VIOLET R.SALMON MICHAEL V &SUZANNE L.MESTAS
32631 CATHEDRAL CANYON DR PO BOX 311
CATHEDRAL CITY CA 92234-4018 MIRA LOMA CA 91752-0311 1 l•
RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA PROVIDING A DECISION ON AN APPEAL BY
PROPERTY OWNER FREEDOM ASSEMBLY, INC. OF A
DECISION BY THE PLANNING COMMISSION TO DENY A
REQUEST FOR A TIME EXTENSION OF A NONCONFORMING
USE ON PROPERTY LOCATED AT 39'15 AND 3945 EL DORADO
BOULEVARD, R-1-D ZONE, SECTION 34.
WHEREAS in accordancewith Section 9405.0401 ofthe Palm Springs Zoning Ordinance,
any interruption of a nonconforming use forone hundred eighty(180)days shall cause the
use to lapse and such use shall not be reinstated or further continued unless specifically
permitted by the Planning Commission aftera hearing in accordancewith 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 November 8, 2000 for the 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 3915 and 3945 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 of the Planning Commission to deny the request fora time extension
of a nonconforming use at 3915 and 3945 El Dorado Boulevard is consistentwith adopted
City plans, programs, policies, and regulations.
Case Nos.5.0847: Appeal Resolution
December 6, 2000
Page 2
NOW THEREFORE BE IT RESOLVED bythe 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 at property located at 3915 and 3945 El Dorado Boulevard, R-1-D Zone,
Section 34 is upheld.
Adopted this day of 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWE��D7JAND APPROVED AS TO FORM
I CL
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