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2006-05-03 STAFF REPORTS 1A
����, '" �, �;�.;�. . jai �1, �,. �,,, � , � .�*, �x-� .,.� a __ �.�:� ��� . .� . . � �, w �y:' T #W4I x � � � _ ' �f � S�". ( - � S.Y.-.Mn'W"_'i�.��'yy ry n � � I r '�*�,"�'"� lKR/f 'ihw �✓ Nw..px�,y.,y.«,d ' � �s, ,� s �^tAr' .e _,. _ 4N 4 �� ' _. - - � � - .- � a �, �:;� I� " ', I ,� ..00-. .,' � Ii _"R; �. da� • 1 ; ,�,... �_ �r f�. • - �` i �,,, _ �.� .w.'� �iy�r. .. .,n E.:. .. ._ . .., ' ''�.,,� �',"':� ix.,.:.i.......erg. k',....,m ..< � O�n � � .,%.�.w,_.a.,si.w ��.. ,�,. i,l. �. '.� .. �� Nwi�i15M. 4YYn :�,. _ .. phi � ` � i\�, #•f }x � � - ram! �Illltl;ll41i�1Fo�u � � �� � � "". +t ��M ��� E '� i �t����f�, M> r 1{Y�NN1.�kk ';� x i ➢ � i i .-��1 ��II�������������,Rk�i� ���������f�k��el�- �. '_- ��=,�. �. _�, ti�. '�"`a� I. _ � �- ;.. _ . _. �,.. �� , . �� � -�- , .'��i I I I I I QPp�Ms I y c V N + r C,q<lFORN�P CITY COUNCIL STAFF REPORT I DATE: May 3, 2006 Consent Calendar SUBJECT: APPEAL BY DR. REZA MAZAHERI OF A PLANNING COMMISSION RESOLUTION DENYING A VARIANCE TO THE ALLOWABLE WALL HEIGHT LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13. CASE: 6.486—VARIANCE, APPEAL FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that the Council adopt a resolution upholding the Planning Commission resolution denying Case No. 6.486 — VAR to increase the height of a front yard fence from 4 %feet to 6 %feet (an increase of approximately thirty-one percent). • RECOMMENDATION: • ADOPT RESOLUTION NO. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13." BACKGROUND: The project is an existing medical office building that is currently vacant. There is an existing block wall that runs along the front of the property and encloses a semi-circular courtyard area in the front. The existing block wall is approximately five feet high and the applicant is proposing to add an additional eighteen inches of wrought iron on top of I Item No. I .A. City Council Staff Report May 3, 2006 6.486—Var Appeal Page 2 of 5 the wall. The applicant is also proposing to add additional six and a half foot wrought iron fencing to fill in areas without an existing wall along the front of the property. Table 1: The surrounding Land Uses are tabled below: General Plan Zone Land Use North M15 R2 Office Building South L2 R-1-B Single-Family Residence East M15 R2 Office Building West M15 R2 Office Building PRIOR ACTIONS: On March 22, 2006, the Planning Commission reviewed the proposal at a public hearing. The Planning Commission found that the subject property did not have physical characteristics that qualified the proposal for variance findings and therefore denied the variance request by a vote of 7-0.1 DISCUSSION: As discussed in the Planning Commission staff report, there are four required findings that must be satisfied in order to grant a variance: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. ' 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. 4) The granting of such variance will not adversely affect the general plan of the city. The Planning Commission Staff Report, Resolution and Minutes are attached outlining the Commission's findings regarding the specific facts of the application. City Council Staff Report May 3, 2006 6.486—Var Appeal Page 3 of 5 The applicant has appealed the Planning Commission's decision in a letter (attached) citing a number of mitigating reasons. These include: • The trespassing of the homeless onto the property, • Vandalism of the property, • Expenses accrued as a result of the properties maintenance, • Conflicts with the neighboring property owners, and • The applicant's community service record in the City of Palm Springs. Staff has analyzed these arguments in light of the required findings below: 1. Trespassing. In his letter, the applicant indicated a repeated history of homeless people trespassing and living on the property. His letter indicates appeals to City officials asking for help in solving the vagrancy problem. Staff is not contesting the history of vagrancy on the property. At issue is whether an un-permitted wrought-iron fence can be constructed to a height in excess of that allowed by the Zoning Code. The applicant has not addressed the specific conditions of the property necessary to establish findings granting the variance. A physical characteristic of the lot needs to be identified to justify a waiving the rules established in the Zoning Code. Barring that, alternative methods of finding security need to be identified. At its hearing on this request, the Planning Commission was concerned about allowing a higher wall along the Tahquitz Canyon Way street frontage, and suggested that improved security, lighting or other measures would better address the applicant's security problems then a wall and fence that would close the site off from the street. 2. Vandalism. In his letter, the applicant lists a series of items stolen of broken within the property. As with the argument outlined above, the applicant has determined to use the increase in the fence height as a way to prevent vandalism and damage to his property. Staff supports the applicant's desire to secure his property and prevent vandalism. However, the method with which the applicant has chosen to pursue this security is in violation of Municipal Ordinances. As noted above, the applicant has not identified specific characteristics of the property that makes it unique from other properties in the zone. 0003 City Council Staff Report May 3, 2006 6.486—Var Appeal Page 4 of 5 3. Property Expenses. The applicant has provided a list of expenses accrued as a result of utility bills and property maintenance. Staff would refer to Section 93.19.00 of the Zoning Code which outlines the responsibilities of property owners in regards to property maintenance. The requirements of this Section apply to all property owners and the expenses accrued in property maintenance do not address the required findings for the granting of a variance. Similarly, the payment of utility bills is a requirement of the property owner, regardless of who is using the utility. While the amount of the bills serves to highlight the extent of the alleged squatting it does not, in and of itself, constitute a finding for the granting of a variance. 4. Conflicts with Neighboring Property Owners. The applicant has cited that a letter to the Planning Commission from a neighboring property owner (attached in the Planning Commission Staff Report) requesting denial of the variance was motivated by a desire to force down the value of the subject property. Staff cannot speculate on the possible intentions of the public testimony. Just as the applicant is entitled to speak at a public hearing, so too are other members of the public allowed to express their opinions. 5. Applicant's service to the Community. The applicant has established himself as a committed member of the community, citing an award for "Professional Man of the Year" among other accolades. The merits of a variance request are based on the characteristics of the property, not on the characteristics of the applicant. Staff does not believe that this information provides support to the four required findings of the variance. CONCLUSION: The applicant has presented a number of arguments in support of his request for the variance. However, staff believes that the specific findings that are the basis of the Planning Commission denial have not been addressed. On the basis of the Planning Commission findings, staff is recommending that the City Council uphold the Planning Commission's resolution and deny the appeal. City Council Staff Report May 3, 2006 6.486—Var Appeal Page 5 of 5 FISCAL IMPACT: IFinance Director Review: No fiscal impact. Creig A. Eying, AICP, ` Thomas W. Ison, �o Direr of Plannin0S rvices Assistant Citq Manager 77> David H. Ready, City Mah)pe, Attachments: 1. Vicinity Map 2. Appeal Packet 3. Draft Resolution 4. Planning Commission Resolution 5. Planning Commission Staff Report ODDS M sr+ Department of Planning Services w E : a Vicinity Map + EI_ ORU WY �a w Of w m 0 U O U ANDREAS RD K C7 0 Z � � p O O � U ETAHOUITZ CANYON WY �) a O w to PASEO DE ROSETA bL# I CALLE FELICIA ARENAS RED) Legend �typ�}` CALLE LILEfA CITY OF PALM SPRINGS DESCRIPTION: CASE NO: 6.486 APPLICATION BY DR. REZA MAZAHERI TO ALLOW A _APPLICANT: Dr. Reza Mazaheri WROUGHT IRON FENCE OVER THE HEIGHT'LIMIT AT 2001 E. TAHQUITZ CANYON WAY, ZONEIGENERAL PLAN R2/M15, SECTION 13, APN 502-171-017 ,y U ran * - * MEMORANDUM 'k C�'IYtlY,yYtiW !! TO: Michael Blumsen Associate Planner FROM: Kathie Hart, CMC Chief Deputy City Clerk DATE: March 29, 2006 SUBJECT: Case No. 6.486 — Mazaheri cc: James Thompson, City Clerk w/ attach. David H. Ready, City Manager w/ attach. Doug Holland, City Attorney w/ attach. Troy Butzlaff, Asst. City Manager—Admin. w/ attach. Tom Wilson, Asst. City Manager— Develop. Services w/ attach. Craig Ewing, Director of Planning Services w/ attach. File Our office is in receipt of a letter appealing action taken on March 22, 2006, by the Planning Commission on Case No. 6.486, filed by Ms. Joyce Virtue on March 27, 2006. A copy of her appeal letter is attached for your reference. Please note in accordance to Palm Springs Municipal Code Section 2.05.050, the appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits. It should be noted May 10, 2006, is the 45th day from March 27, 2006. Please feel free to contact our office if there are any questions. (kdh ,Attachments: 1. Letter of Requesting Appeal 2. PSMC Section 2.05.050 •x. o�VPAM S,0 '� City of Palm Springs V N * Office of the City Clerk * �C�•RORAEO TR3 ' 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 �P Tel:(760)323-8204 • Pax: (760) 322-8332 • Web: www.ci.palm-springs.ca.us gOFORN March 29, 2006 Ms. Joyce Virtue, Broker ReMax Real Estate Consultants 74-199 El Paseo Drive Palm Desert, CA 92260 Dear Ms. Virtue: RE: Request to Appeal Planning Commission's Decision Case No. 6.486 This letter is to confirm receipt of the above referenced request and a payment in the amount of$887.25, the fee to file to appeal the Planning Commission's decision relating to Case No. 6.486 on March 22, 2006. This office will contact you with the meeting date it shall be presented to the City Council for consideration. Please feel free to contact us if there are any questions, (760) 323-8204. Sincerely, A4& Kathie Hart, CMC Chief Deputy City Clerk /kdh 2006YPIanning\Ack Ur-Appeal filed by JoyceVirtue.doc w/attach. c: James Thompson, City Clerk w/ attach. David H. Ready, City Manager w/ attach. Doug Holland, City Attorney w/ attach. Troy Butzlaff, Asst. City Manager—Admin. w/ attach. Tom Wilson, Asst. City Manager— Development Services w/attach. Craig Ewing, Director of Planning Services w/ attach. Michael Blumsen, Associate Planner w/ attach. File r �T-r• n ��'z . n 1. r. r l•c �7 '2 r �rt': 6UJOU WAIW Real Estate Consultants Joyce Virtue Broker Associate Quality Service Certified 74-199 El Passe Drive Palm Desert,Caltlornia 922M Call,(760)861-1442,Office;(760)346.050D Fax.(760)773-5062 tl�`n A.E1�c'Cl E-Ma":joycevir[u®aol.com ice"+ r VVX�i.�c./ WebsZ joycevirrue.realtoceom olnaenuy o+mea,w sxram mcmr �� m, s mM V , m o +m meow : E , gemee s maMUNT mmcl < a « +mcma qaz «moa qa � Nit ~ // PERMIT CENTER N0 22951 RECEIPT CITY OF PALM SPRINGS RECEIVED FROM (Print) 1PROJECT NAME/DESCRIPTION/ADDRESS PLAN CHECK OR CASE NO. i - via v c . t�-.",.wi v- Ln ww• b .—t J A ZONING FEES ACCT.#001-32212 PUBLIC WORKS &ENGINEERING DEPT.FEES sm I Q Change of Zone Application Fee Vacation of Right-of-Way#001-34309 0 Conditional Use Permit Improvement Plans#001-34302 w Planned Development District Application Fee� Grading Plans#001-34302 Variance Application Fee(includes sign van ilcj" Encroachment Agreements#001-34304 MISCELLANEOUS FILING FEES ACCT.#001-34303 BUILDING & SAFETY DEPARTMENT FEES a \ Architectural Approval Bldg.Permit#001-32201 w \ Administrative Minor Modification Plan Check Deposit#001-34301 i� �1C U Miscellaneous 1.) / lr)5� Plan Check Deposit#001-34307 3 Environmental Impact Report Review Code Compliance Insp./Resale Insp.#001-32209 SUBDIVISION FEES ACCT. #001-32213 Renewal&Reinspection#001-32210 Microfilm/Miscellaneous#001-34308 s a.Tentative Maps The acceptance of an application or of a fee is not an entitlement or a permit to p b.Final Maps construct,change or alter any portion of the property described in the application. 5 U c.Lot Line Adj./Cert.of Compliance TOTAL.FEE RECEIVE FROM (Sign) P RMIT ENT R DAT PERMIT NO. i JOYCE VIRTUE COMMAND ASSET PROGRAM 1071 73091 COUNTRY CLUB DRIVE 66-21/630 93204 SUITE PALM DESERT,CA 92260 (O Date p�/J ' e ✓L � OCl/WSJ der of �, WACHOViA SECCTRITIES CODE© �W�archyottvi/a Bank,N.A. i. For 1:DS3000 2191: 9047 264 29411 104 1 p'• ...M_�.�� 'J' W S lS xv- 900Z 9 Z HVA 99ha ^liinl�ra,ul uric: iiai:; .m.1� Alm o3oolinclxn nnA i! jjt:�) ci ;r.nlcl y • �� AVA) , Obi') Auipnloiji ^n )r.rJ 10 JngtunN :ORZ•OzR (oIC) xllg OORz-nzR (nls) S%f1UG b'� `soT�lny sfi'7 •1(� ,CptrhET •S i78I .Ci:,9�nS a;lhtlt5n�to r71r11.,a� �,,hnfl ?S' `rCra'.T4,g r,r„rT �1"�tlon,rytTtnaa2l `'!t�titin�r`at7rel,y tr! P'.Jp.ry� p.moil . 'R'W "i2T.1'XT'd2HTA1 '2T - � J-j �l ' IY'f."T7•.1 n .. .. w r r r s g r Lr 1e rrrrn � •• .. •• Il Jnlun.� ><.Inf1Jn;; 1�L.r N nilntiinn l 0 n(lnnlrl R. MAZAB ER19 M.A. Board Certified in Plastic,Aesthetic,and Reconstructive Surgery. Hand Surgery. Board Certified in Cosmetic Surgery 1861 S.Bundy Dr. Los Augeles,CA 90025 (310)820-2800 Fax(310)820-2803 NIr. Michael Blumsen March,27,2006 City of Palm Springs Planning Department By Facsimile Appeals Division Palm Springs, California 92263 RE; 2001 Tahquitz Canyon Way,Road Iron Variances,Reconsideration for Appeal. Dear Mr_Blumsen: I understand that the requests for variances have been rejected and that I have a chance for appeal,and these are the reasons that there is a good cause for appeal and approval: This above property has been for over 5 years trespassed by homeless people who used this property as their home, and I wrote numerous letters to the Police Department,the City, and Mayor and begged them to prevent trespassers to get to my real and personal property in 2001 Tahquitz Way, Unfortunately nothing was done. Because the homeless people took the alarm system and broke the windows and doors, I was forced to install twice an alarm system,which the bills theroof arc as Exhibit 1 enclosed for your review. The homeless people damaged this alarm system and entered into this above building again,and these are the following damages,that they have caused to my building and real property; 1. Repeated trespassing for over 5 years. 2. Repeated vandalism;they broke the windows,doors, locks, toilets, floors,walls, cabinets, and mirrors. 3. &W,�ed stealing of my personal properties' X-ray machines mammogram machines over 4 lab machines microscopes lab macluno-& Anne test lab machine for blood test SMR 60-12 6 Iranian hand trade carpets 2 wasbinn mm9hhines and dn= 24 bed Gheets nillows and covers even eleotric beds,6 teleyisfons kitchen silver wares 2 copy machines 4 small refrigerators office equipments,mirrors.Personal books.4 wheelohaira diWn2 chairs living chairs etc. etc. etc., all in an amount o£S 00 000.00. 4, These homeless used over$4,000.00 on the electric and water bill,enclosed for your review as Exhibit 2. 5, They caused$5,000.00 telephone bill,enclosed for your review as Exhibit 3. 6. It is important to Ltfoxm You that Classic Homes menaced t Mr. Leonard D rCOttta next to My Mpertydoes not have enough parking and they have been using my property for their parking. Since I out the rod irom they are upset about it. That is why they otroosed my rod iron because they want to take advantage and from Mr.Leonard Grotta's letter.dated 3/13/06,that enclosed for Your review as Exhibit a it is clear that he has his eves long time to steal my property from me and to purchase it for a good price in order to make profit. When I did,nut get guy results fiviil die City of Police Department,I was forced to bring the rod iron welding specialist Tony Colvin, who advised me that we do not need any permit for the rod iron, and he installed the rod iron, since then trespassing and,vandalism by the homeless people stopped. The billing letter of this Tony Colvin is attached as Exhibit 5 for your review. This rod iron saved me from homeless people,which the City and Police Department could not. Also,I paid many times for clean up a gardener named Paul Alemen,Tel. (760) 808-1164,he is taking care of the gardening. Furthermore,the above property is fully cleaned from all the shrubs,weeds,trash,and dirt and was covered with plastic and gravel by landscape designer Cindy Shoemaker,the billing letter of whom is attached as Exhibit 6 for your review. After the cleaning of the property,I painted that whole property and put it in good condition,which could be reviewed by you. Now I do not understand as to why the City wants not to issue a variance permit for something that I worked 50 years of my life and got destroyed by homeless people. The City of Palm Springs spends millions of dollars to protect the properties of the residents of Palm Springs. 1 have served the community for over 25 years and have been awarded for over 14 times in Palm Springs including as "Professional Man of the Year" in 1985,and also,I helped Angel View society of palm Springs, Thus I believe that I have been a good resident in my rity of P.C. Therefore,herewith am requesting and reserving my right to appeal. Your consideration and cooperation in this matter is mostly needed and appreciated. If you have any questions,please feel free to contact me. Sincerely yours, R.Mazaheri,M.D. c,c.: Rachel Enos,Att. f V c.c.: Joyce Virtue 1 z ��a�,4 +� M. R.MUAMRi, M-T). • zool Tahq�i�y CyD Wqyy 760-327-i433 • -- Palm 5prings, Ca 92z¢2 eoalezT�2zz ,.. Jtt' MISciI mar rcillpl GIkr !MNmi 1%p 'W tlGJ. , ( r I CHECK 0. DATE AMOUN FLAY �I/U G1 �L({ f�.}� t' 1 '� �� ; J Pt y-` U t G` •' V�^ 0THE. r j [ ry f; f_ k IS 00001rS 48 1'i� t l:3ir2 2 2 7 16 2 7t:B 71N, 15 7 I L4,•, 2u' M R.'mml%ori. M.D. INVOICE SEDUCTIONS GATE,,,, . 0ESCRIPTiON AMOUNT NET AM61A NUMBER PARTICULARS AMOUM r.' r. .I.:`,CiF.,•�.n' + ..t M. R. MA.ZAHI'sIIiI, M.TJr ''• �{ V200I Tahq'uib. Ccn'way 760427-1433 Ca'9d?62 ' oa?ts2+s2r�. SMIihLKttlllMuWi1 s 1f. '' ! /, (� NVIWI� NnF,fA ` 1 NIIgA 1IM11411 CFr�M 1%A. t �' ..''J�• �! CHECK Nfbi . 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':. �.:: ' , !^n them iS ne finally ata�emd. _,f ;,rir A "F. 7 1 >FNYHdtflLAOFIJfI$CQft%U.MfRCffiECl7CY)NTRAo'T.1$54 JfCiTCJ'ALL4CAi�JI$ � ��y ,'f��d�US:uR s>:Rvtc�s:�rnfriee��SEf+�fF-'Y•�'Rsxr,Y 4nt4Y,��YE'SAR'����Qs Y�'¢���:�� ,. �- ��`t,IVtlfi �1Mb1JiV�S PAtd"$"/;3'HE C�15tUTh�4t�fER�{IIV�Efi rf n, " y � r, �, ' 41,k �y � M I 1 •' .q '. I. r 1 KL 4� A .. `f#tA�"II)!!S ONLYJ:PF,t:A5E 5E�THE AYF�CN�D N G�'rlK"CkNCELL#s'tPN'FQ M'Ftl�IUV�IP1:lIN,A�1�N� - 0 ..[ -•..u_,....� . tl�+' 'fl�l�' a,tiiYoa �kcdmrrdt>w4'�Yratr±FsnEpcF NI�� R''ktiradrrwzsPxidAr #>,ti YTi��i� RCE6}�rYdU'74firt tip�Y AeOekd:SY., CUSF4MEN IAMNOWLEDOES THAT THEY HAVE RECEIVED A COPY OF-THIS.AGREEMENT AND HAVE READ AND UNDERSTOOD ALL TERMS AND CONDIMRS INGLUDIN6 "05E CONTAINED ON THE REVERSE SIDE INCORPOMYEO NY REFERENCE NEeEEN. CUSTOMER A(rraORIZBs PATMENY BY THE MLUOO BPEdPIEB ABOVE. Acdep!edind Copy"Recffived by: CudomarName. /PleasePnhr) Social Security No. Spouse Name (ReasoPllirr) Socialsaw"Nar Customer Signature Date Spouse Signature Date., THIS AGREEMENT SHALI,NOT BE BINDING UPON COMPANY UNLE66 EITHER APPROVFD IN WRITING BY AN OFFICER OF COMPANY OR COMPANY BEGINS MOHITDg1R0'.BERVICE. ACCEPTS 1 gY COMPAr(Yt (Authorized Signature)-Date:. ..•... Calumny tise U* :�{(`} -.f't 4IN02 AMA'IAE6d2101 Cover Sheet yJAte: 5 L n Receiver: J ,R— Fax# Including cover sheet you should roceavc pai ns, Sender: -Od :142 - Q'J- 8 . Phone: t76�3 38-i1093 �e c; (76013 S} ]093 _.—T— Nam: fir?. •— ,f ra �af/1V12- �LIN,iL !� i71¢a 14N( *I-4Mz O/V J*Mfr 4 s"/ill/o a1 r f jlOJ tL)dU1 KIND!-j US ?A,jVfl% ij boe GC�o�.r s Pp0.ECrh rZ !1 COT &rcause You Cant Always Be Home,We Should W Peter Cory" ',President Mh WW"OVRAWS Rd. 92 il P+l"1yNwq CA♦sary , (766)7=3-""Yam 31Pt093 I OR OF-OD9 V r' {;. N MCC- N :� Wot'�s1,FV3bC 5¢CK7'i'� $C�CVlCCS . G �+. MN110tC� MAL DUE REF NO. QTY OmMm"I WH TqtAL kowm.n V, FrFs-15S �r . N4"CMI ',-/4/O I a.- YT J'N yti ..... v r'Y1FC?'�I;. IY�^ CIVOW40 A !M7,G-( �wtranacr aa�r, 7 ,MN .2 y— Dwdrgm►d + /y ` ( #cr7oN S 'viY zpR.'s ara<�cE) i FOX FnaNd/ Teyuamt a Dc'KCa�I°ti) I?� W- „�Uk• Rww FrMpMon nn � . Awn r.. {{aTs ' Fn dnFhN�A�^dyrtl++naa.ma ..... .,. � r .. ...... ............... ..... ._ bh acl tA�wMRdw 80LOT0 rlrm � .. . tddrer. .. ....,.. . . .. .. ... Ahmr Hl%*j#de tJ .-.......... ............... _.... �dd*re�r7J Avilriwit ovrpnyAmnr I, �Nwwrf�.rrN+a (^ EpSOtILL 6C.G ^ . )E,..D wr DE .SravR I ryr+�+(/ C� ✓' 5 �Natlu 3 G�#+m�U C(f*�, C.,f ga.25'y` rAPMe1tA .r" !f� van CaMPd,t'T70iJ O cuthnrn Callfornia Edizon Company Visit us at: P.C.Box600,Rosemead,CA 91771.0001 www.sw.00m ohdNrvice Address ;;. DaEd" E tf;P'rap .O'd 7ANEf #R:bji Auq 1 003 '. ,Account b , •`•' our CuafomorAccount Number ?tlo1 EYgHOU)kZCftNYtJN WAY Next Mdter>$ead:ori or alDout 8-03-833�d42Z .. x0pt 24-hr-Customer Servion 1 (8011) 090.7788 , .r: Bifling summary Amount of Previous Statement 07/15/03 0 1,414.43 Payment received 07/24/03 - Thank you 0 (559:,72) Returned Check S 559,7¢ Previous Charges Due Immediately . . . . . . . . . . $ 1,414.43 Current charges $ 1,172.53 Returned Check Charge S 9.00, Late Pymt Chry 9 12.'72 Current Amount Due 09/02/03 5 1119412S Your Total Balance Due S x,608.68 Your current energy usage Meter Dates and Readings Number From To Difference K.tuitlplior usage ACTUAL READ TP881-006371, 07/14/03 08/12/03 8379 8529 150 40 6,000 kWh Demand Meter Information Maximum Demand; 24.0 kW Usage Comparison This Year - Last Year 2 Years Ago Kilowatt-hour(kWh) used 6,000.00 2,600,00 1,880.0000 Number of days 29 Avaroge ueago per day 206.90 $3.87 64.a3 Percent change from Last Year 147Z Did,you know. . . LATE PAYMENT CHARGE REMINDER Reminder-A late payment charge of 0,0% will be applied to the total unpaid balance on your account if full payment is not received-by the du.e date on this .. bill. For designated State agencies, the late payment charge will be applied In accordance with SCF tariffs. IMPORTANT INFORMATION Currently, the Rotating Outage Group number shown on the upper portion of your bill is not uubject to rotating outages. However, u�-ent Please detach stub below and return with your payment- .= umCrO Gdllfarnia tidtsan ComPOUY vialt US at: II Nt"YVIY p•b.am$00,Pfoaemml,CA 91771.0001 ivKw.sce.00m \ Customer and Seruico Address Date.Bill Prepared MAZAHERI, M R DR Nov 13;2003 Your Customer Account Number 2001'E TAHOVITz'CANYON WAY Ndxt Meted,Read on or about A-03-LM-8622 PALMSPRG CA&1262 D'ee '12, 2003 24•Mr.customer service 86rviceAccount Rotating outage R-ita5ohedule 1 (800) 990.7788 a•okE�5223-+i2' Oroup N001 GS12 Billing 5u mmary Amount of Previous Statement 10/11/03 0 2,040106 _ Previous Charges Due Immediately $ 2,040.06 Current Charges 0 150.27 Late Pymt Chrg 4 19.36 Field Assignment Charge 0 10.00 Current Amount Due12i02l03 9 178.63 Your Total Balance Due 4 ?r238.69 Your muiTent energy usage Meter Number From To DWorenon Multiplier Usage ACTUttL READ TP88 -0063/1 487Q 84940/05 82/03 24 40. 960 kWh - —Demand Meter Information Maximum Demand: 24.0 kW U age CVmparison This Year last Year 2 Years Ago 1U�owatt-hour IkWil}used 960.00 400,00 7601 v0 Number of days ss 3s 30 Average usage per day 09.09 12.12 2B.SS Percent change from Last Year 148x Did you know. . , DUPLICATE BILL * * ' Thls Is the duplicate bill you requested for the billing period noted above, Payments or charges after the 'Date Gill -PteparW have-not•been lemArded-orrth sWt.- Afhaf the following messages were printsd on your original bill for that Wiling period. Please call the telephone number above Y we may be of further aa0irtance, I LATE PAYMENT CHARGE REMINDER Reminder-A late payment charge of o,99/o will he applied to the total unpaid Please detach stub below and return wlth your_payment- ,.++ n+.,-+...���n�+n+.w++n.nrr,nnrur++rn nnnn� +Mi+ntiwn+n��........ Payment Illusion Stub 8Z 0 0.06 176«6 M 218.69 For pa mant gx102103 $ r�y cy'I' MaAeTc eck aauahle to Southern Califcrn(a Edison Your Customer Account#;2-03-033.8422 � casOua.P5.0030.0018b5 01 AT 0.292 axC006 P,O. Box gOD Htlui{orllmulrlr436d iffill ilanulldlnn'lli'�Oi Rosemead, Ca ESTNgLOS�A DELIS CA 90025-5201 03 833 W4 110000092 ODU2g40llhU00d17$63000�'r1$69 _ T6)YATE Account Number 4-4-13 1624 0 Service Address 2001 R TAttQLRM CANTON WAY Read 1'�evbuR Curreru McTMs SanrePSHod Data Raadlne R M'.z Perkd Lot Mar 100 cu fi 100 cu Jt Dam Water Agency 8/21/03 10019 10205 186 21 P.O.Bar 1710 — — Pahn Springs, CA X$ 92263-1710 I l sll oil I I J 111lrrhlrlrlr9ltltlrll tilt If If II hill r r r Jl ld l Al O ico 1200 South Gene Autry Trail U• R MAZAHER,1 MO Palm Springs 1861 S BUNDT DR 110urs Weekdays: Sam-Spm LOS ANGIL'E,S, CA 90025-5201 Inqutrier CA,760-3234971 Web Ow www.dvra.org ,I� r:' �i' �! •'�;'�i�y,��.i lhl'I����;•IF���,L'i ill g'iir9°�ipv LclNliiif Mri'I UFIIII: i.i.yn:.: ::'�i�f ;:n.•li°4 ::r.ni��. I �,� h'�..i���iG.����; :: -•I li; rtHV�+�::�i I�� . .v n:h .1�. ii� ,m •c:� tl �I. ''LsNi+ :. :.n: „I'INI �, 8/21/03 Consumption 186 a $.68 per. 100 au'.ft, dd Coueamption Charge $126.40 Water Servlae Charge $6.30 Saekflow Yharge $2,50 -- +— total'Current' Charges $135.28 I : I �f' Ilti'I •: m. #198.48'.',: .:.. $158:46 #135.28 `, . $135.28 4#. Sa1d2e%n, , " ' Reta>Si:Linoer Po'rttrn for Your R:e;rDrd _,o„ t E t LWATER Accoumt Number 4-4.18.162k-0 Sarvks Address xon >5 unquin cAN'YoN wAY $tad Prcvtaus AGFlrrcnt Uj n' Smneth' aea Annatng eadtnR 136,11 Last Prat 100 cult !waft AesartWbrerAgn+cy 9/23103 10205 10416 211 0 P.O.Box 1710 Palm Springs,CA 'xx 91263.1710 ILI'�dlutll++ud�LLI�t66nIdlLuudhll++�+�II61ttl cvwf 1200 South Gene Autry Trail M R MAAZAMM 'MD Palm Spring 1801 S 'BUNDY AR zromw Weckdays:Sam-Spm LOS ANGELUS, CA 90026.5201 inwrtas Cs11:760-3234971 Web Suc rywtw.dwa.0rg .. . _...,_ APPLY NOW FOfI AUTO•PAY—NO MORE CHECK WRITING, IF YOu WANT r0 PAY YOUR MON774LYRILLS THPU AUTO-PAY, COMPL M&RETURN THE ENCLOSED CARD. YOUR NEXTSILLINO STATEMENT W14,INDICATE WHEN YOUR AVMPAY B=Mr:S EFI---Cum 9/23/03 CoAsump6iow 911m 8..68 per.100 CU ftry. Clottsumptiori Charge $243.4B Water Service Charge $6.30 Backt1ow Charge K2:5A Total Ctxrragb Chargr,:s #SB2.20 ' tall am-MoM, OWN } ER Rje k 9 Acct)mnfNLtmbcr 4-4-18-1024-0 Dill SmixAddrrss 2001 s rnrr9r Z CANYox WAY Re-ad Provtous Currant Mexhl� SamePe.iod Dare Raodtng Sradrng Pariod chat rcar I00% 10o cwR PpedWa.49cma, 10/21/08 10416 10582 166 0 P.O.BOX 1710 - Pdm Spriogs, C.4 )tX 102263-1770 ILL,IL..IL.,,,I,LLhtLI,�,Llllt,„rLIhllr,rtrlildiJ ope 1200 Suuth Gene A4ry Trail M R MA ZABERI MD Palm spting'g 1861 $ 13UN1)Y DR ,Hours Weekdays:Sam-5pm LOS .ANGx=S, CA SW25,5201 zxquhtiar Csllr 760-323-4971 web site! www.dwq.org Vayy.:..�,;ur '{ a• •, wu� • il�i�liF•..:[ar'Y:f• 1T�I�:"1:. . "4'il'!PIr�V^•nfkFuLri'I�i?21'�ar:� •y:q;l....�a:r. -h.•5 n....,ar.m'¢ ,I"i-_..r. u - 1 10/21/08 Consumption .166*..$s 6Q per .100:cu £t Consumption Clhai�ge +5112.BB *ater 9 vice .Cbarge - $6.30 Back;flow Charge 02.50 �.._ Total Current Charges $121.68 #Z52..28, +p]52.2.$. CCU Go !1Z1r68 - �:;:Ya=' li6ta�in.T�AT`i'6rti0ri fOr Y9ilr iteeards . r S F—I.T V.A A E R /SccoU"(9amher 4-4 19-1624.0 Ate' Sdvtaedddms goal $TAEIQUIT2 CANYON RAY flm Sip s paiddtatd RPsa�rw $LLsry I00� Year Des[rlWaarAgency 11/19/03 10592 10742 160 - a A(Affor171O - - -- - - Pube Sprisp,CA xx 92263.1710 II 164111111111111.1.1111.1.11111 KIIIIII 11111111111 kIIIIIII II OAke 12O0SoAhGenc Autry Trail R, MA7.GFf M MD Palm Springs 1861 S BLNDY DR Hours Weekdays;Sam-4prn LOS ANGMAS, CA 90025-5201 lnquiria Calb 760-3734971 w.bsra atnvy.drva.oK¢ �. 11/19/03 Consumption 16O 'e $.68 per. 100 cu ft 0660=piton.Charge: ; e1o6.80 Water Service Charge $6.30 B"Idlow Charge 02.5O c xotaL Curreut.Cbarge8 $117.60 i 1 x Rilling Date: 02/07/04 Parse 1 of 6 Telephorlo Number: 760 327-1433 7W5 Ve Account NuMbar, 01 25251111121135 02 Make progress every daY Now to Reach Us': See page 2 REZA MAZAHERI MD Account Summary Previous Char 3 5,289•$4 Save TIM&[ No payment recehred. ___ .00 Manage ypouraccount online at verizoa cOM Past Duo Charges(please pay now) S 5,289.84 New Charges ,.., Verizan(page 3) _ 5 84.4g To enroll in dv Varizon Direct Payment Oi'don please read aW sign the agreement on VeraonLoggDis%nca ge4 14•64 Vie,tevarsesrdeoffhe payment form below Total Now Chargos Due Mar 02 $109.13 To avoid a 1,5%late payment charge,payment must be received before March 09,2004, _ Total Duo:(Pall Due*New) S 8,396.9T Moil'pnYmenls lu: ' Verizon California,PP SaR 30001, Inglevrood CA 90313-ODOI C6anae of billing addr000? Go to verizon.00mlbillingaddress or see page 2, see other.side for Import mt regulatory meemgex ♦ Detaoh&return payment slip with your check payable to VerVon. .r nn„MYr .rr wr nwnr rr r M1.............. rnn. accoUnt., 0126251111121435 02 WAs MCI"o'oulR7 — ' M Now Charges Due: 03/02/04 7ew"32 r.1' j7fiM Total Due. $6,398.97 Amount paid: ❑ El❑.0F1 ACO2U1a2s1a.itM142ATel,v oNrelM REZA MAZAHERI MD CORPORATION VERIZON CALIFORNIA ?an R. ROBERTSON gL PO BOX 30001 aWERLY HILLS CA 90211.2811 INGLENOOD CA 90313.0001 ILI„I6,luLlrrdlnJl„LII,d,,,dLnlL,l,lll„rrrlhl ILLJIruellrrrdl,dldLolLalLrr,ollydlJ 01 2525 1111k41435 OeN110000529964 00000534847 y0 III rd ` 1'(� A At 2045 Palm sprmg6 Bus rao.46,Q60o { } 11,JI Y 1 S TahgWtt Canyon Way COrornis 9809E PAX 76O.S29,U21 1NC0kPC'R it.TE0 13 March 2006 City of Paim 5priru,: Department of Planning,Services P. 4. Box 2743 Palm Springs, Calitornia 92263-2743 RE: Case 6.486 Varlanee Door 6irs: I am the owner of the property immediately to the East of 2001 E. Tahqu tz Canyon Nay, I am writing to lodge my protest against allowing a variance for a wrought Iran fence above the established height limit. For the past ten years,the properly at 2001 E, Tahqultz had been an abandoned and derelict ayeeore. Broken windows, trash, weeds and litter have been our next- door neighbor far years. Many times, when the situation became Intolerable, I paid my own gardeners to trim trees; kill weeds and clean up the trash on our neighbor's Property, In the post year, the property has been cleaned-up somewhat and plated on the market with very high price. But, the situation is still not good and the.weeds and trash are taking over yet again. Please do not allow Mr. Mezzhari to add to the eyesore we've all had to live with for years. Adding yet a nigher wrought iron fence Will not solve any problems and will make this run-down property look even worse. If there Is any way that the city of Palm Springs can encourage the owner to self this long-empty property to somchody who will pui it to produobve use, It would be in the best interest of all doncernad. 1 would hope that denying this variance might help persuade the current owner to sell the property to someone who will take wre ot`:rt. Sincerely, eonard 13. Zro4 g C 2 1 V F L MAR 17 NH ;air�nl'fit?`�tLti'efis'; WOWM daaadrnmednc,com \,�` Emae;dasFiq+omea�e.m+rtnh,net ��.......................................................................... .............................. O`'7�d TC:'g Welding Service, 6718A MaIdAno N 1^d, Cathedral City, CA 92234, 760.3�,7-3676 , March 5, 2004 o; Dr, jVlasa.hori Reirrenc:e• 2001 7'Agni1r,Canyon Way,Palm 5pf jugs, CA Pvr Our phan , cotwizrsat'ion oil 247-04, at. which TijmeI WO-agroco TO 11,9e a less expulsivo . material-to save+'you money: Qst for decorative wrougtht iron will he $5,500 00 and the MAI. ol` installatinn still 1•Cn9a;m $500,00. We 4poke with Ondy Shoemaker on 3 5.04, site informed us t.n mool, wish ybu ui 7:00 um ,. or) Stiturday (3•6-04) at the shave mentioned addrvxs. Once 1vc put In an order for material, it takes two weeks to receive it. Qnoc,the, material arrive;, it will take' approximately two more weeks to wr,:pietc the wrough.. iron tmoiect. Matt :: iacep ill mi!ld that metat prices am lisil sonstant(v, (here Will be aurlher hlkc the nuddi- of next w-cek. '11me is of tl+e essence AionA v ith Ink lottor, I am allaching prints of what ef.,.11 yeetion ,Lill iook lik(;. .lfyou have any --nsfions or rollcornt,. please di.arus:;then)with us, e will m(luire a. dep,)s'' fiotn you and vve expect the balance upon completion :;;t'the ngjec. Any anc, all outer projects yr•1 mey have for us to coo, will be under �parae letter. Sincerely, At1l.ae17119C11t a: ��M1� . .i . .. i. r..-........•:_.:-�.. : .'..:v' M' : .n... ...u.l Y.{•':nlri.i.':...� r nniL. .a. I nib .. I _....iAY4]'.'=/1'.".: r n.h..Ht:..i:.-v...�...-.. .�'. .-. CUdy ..i - .. Landscape Design VIM" ;rl .ti I TO: Dr. Mazaherk PROM.Cindy Shoemaker FAM 1-310-207-1419 FAX: 760.836-10,i. Humber 01 Pages: 1 MESSAGE, I i lae Crew is realiv to Stan the tree trimming,removals and general clean up or job thoug , ! :-:;,need a dMo5it of`4 0. Witlt tale next pa—M..Ci;" "... .. , ':i4�t'•�i"1 i! S4,seo0 3T:a 'sanvt;, hri:?5. %r S i 75 due upon eompletkxi c;;i•;i';+: .. p3a_� ,—r-� i vaii be there on Wedu'a,n•; : •,+•.,:,.,t,;u be,posS:b:"- I,o YUC to give me the dq'.3r,9- need to know what there- rAC1VD will include Uni -.cc�-Pd kti:ler at no additionai cost to you. 3 i 1 Please sign End 'Ctko . o:'ty Y, ro gil0w Signature of AecC,r1-a:i a!:,�l•! _. i ;ate: kae �.. .. Ni i I i i Cindy Shoemaker Landscape Design FAX COVER PAGE OA'T& January 30, 2004 -TQ: Dr. Mazaheri FROM-Cindy Shoemaker FAX: 1-310-207-1419 FAX: 760-836-1051 yNumber of pages: 3 } Dr. I ;Poke with my associatc regarding the Torn of payrnent you suggested. Here is the revised Bid. It shows a decrease of just over$2000.00. I This ;S the hest that we can do. J; C;.indy Shoeraaker. i 1 j } i i i l _ _— Cindy Shoemaker s!LwxndscaPe Design Gansu Itant La�c.�F 82t5ce'��3 167 Lake Shore Drive EtAncho Mirage,Ca.'92270 r , Home 760.776.5659 Cell 760-2.72-0869 Fax E60-836-106 i Dr. Mazg eri,::2001 Tahcy to Caava Way.�-�a]:a gpr s sla,an;-141�a *'****The Total of this id Includes.- T C.es wad palms; n-Ift all trees ll D ad Palms 7� :kc:.nove all dead Trees. Remove 4 Jacarandas Removal of al! other shrubs. stumps (excluding thcc 4 Jacaranda stun f9l, general cleanup aatd dump tees drrxgation' Olose all va ivua azd reinovera�ll eexPosea nip,, and . .. . ;. .tr weed Paper � I y of Gravel / � mn, Plants 10 He�perole 'l'arvitlora 15 Desert V1,,11,I)INS 10 Agaves (2 vatieties) 10 Golden Barrel 8" i vu<ra Aloifoli« Bags of M:UIC16• 7 Labor for Placemenv the Stop Weed raper aad the Roe%: .Fob Total' 11&38.75 � �. ( � � �'�^-� C Work will be corm,.. 4 in 21 days or less. Client accepts the fac'' hat the gra: .tvv th- �agh the INCCd Paper. I,nitiai � bate: t1as dcn,iod 'use of Grass KjUer pr :. ' to the pig.. ::ed Paper. Initial: _ Date: . �-acnt ar..l~,r�z.!wledges that the cacti av die as lte Ills its �,e5.: •. ail irnga"on be closed cuff, Initial- , bate! Overall Bid Accepted., Name:, Yf Aj'�? X£thiis initial Bid is accepted a formal will be sent to Commence the work. jleUnaayy 30, :C)ol 0032 MAR 27 2006 18:18 FIR FRTCO P.S. 760 323 4896 TO 93228360 P.01 u LACArRA-Plaili equestRiint Ax FrOmP- ... Roohe,Brooke - Sent:- -- Monday,March 27,.2006 4:43 PM -- To. LACA-RA PlantRequestPrint Subject: FW: Document request Please pull the doe below.Thank you From.,Wise,Katle Sent'Monday, March 27,2006 4:39 PM To:LAU-RA-Rcinland Subject' Document request May I get a copy of doe 75466 dated 1968 for Riverside Co.please.Thanksll (rick f(a,City of PS) Kate Wise First American Title Palm Springs Ph:(760)323-5757 F:r(760)323406 610713 MAR 27 2006 18:19 FR FATCO P.S. 760 323 4896 TO 93228360 P.02 31 TI: 14 LL 01. TD 2-Ir bj.4 2" 114, F TOTAL PAGE-02 2.05.050 Time of hearing—Notice. Page 1 of Palm Springs Municipal Code A Up a Previous » Next * Main 7 Search # Print Title 2 ADMINISTRATION AND PERSONNEL Chapteir 2.05 APPEAL TO CITY COUNCIL 2.05,050 Time of hearing—Notice. (a) The city clerk,upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the council. The appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits. (b) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the city clerk to the appellant, respondent and all other persons,if any, to whom notice of the initial application or action was required,not less than ten days prior to hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in like manner. (Ord. 1233 § 1, 1985: Ord. 1226 § 1 (part), 1984) 00L35 httn:/Avw-w nrndP n^lrr I—Ii—lrr nrin¢e/vi�w nhn?tonir—' n 05 05 ncn°hiehlightllfnrr --nr -1 na/Vnm- RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13. WHEREAS, Dr. Reza Mazaheri ("applicant") has, pursuant to Chapter 2.05 of the Palm Springs Municipal Code, appealed the Planning Commission decision denying Case No. 6.486-Var, a variance to the allowed wall heights located at 2001 East Tahquitz Canyon Way, Zone R-2, Section 13; and WHEREAS, On March 22, 2006, the Planning Commission heard case 6.486 in a public hearing and passed a resolution denying the application; and WHEREAS, Pursuant to Chapter 2.05 of the Palm Springs Municipal Code, the City Council is authorized to hear appeals of Planning Commission actions; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the application and appeal, including but not limited to the staff report; and WHEREAS, the City Council heard the appeal at a public hearing on May 3, 2006 in accordance with applicable laws. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.06.00(B), the City Council finds: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is currently developed with five foot walls within fifteen feet of the front property line. The existing masonry wall is legal nonconforming based on the current Zoning Code and would be permitted to remain. All new construction is required to conform to the current code.., There are none of the physical characteristics mentioned above which deprive the subject property of privileges enjoyed by other properties. The applicant has stated that the difficulty in building a fence that complies with the code comes partially from the location of the structure on the lot. • The' structure is set back approximately twenty-five feet from the front property t1 Resolution No. Page 2 line and would cut off the courtyard garden. The location of a structure on the lot is not a characteristic of the lot itself and cannot be considered in making variance findings. The zone outlines a consistent regimen for wall heights when a property abuts a major thoroughfare. Staff cannot find that there are special circumstances of this lot distinct from other properties under an identical zone classification or in the vicinity. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. All other properties in the vicinity would be required to adhere to the same standards for new construction therefore, the granting of the variance would constitute a grant of special privilege for the subject property. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The subject area is not within a visibility cutback area, therefore the project is unlikely to be materially detrimental to the public health, safety, convenience or welfare or injurious to property or improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The Tahquitz Canyon Corridor requires pedestrian-friendly architecture. The increase proposed would not push the subject property into a non- pedestrian scale. Therefore, the granting of the variance would not adversely affect the general plan. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council upholds the Planning Commission Resolution denying Case No. 6.486-Var. ADOPTED THIS day of 12006. David H. Ready, City Manager Resolution No. Page 3 ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE DENIAL OF VARIANCE NO. 6.486 LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13. WHEREAS, Dr. Reza Mazaheri (Applicant") has filed an application with the City pursuant to Section 94.06.00 of the Zoning Ordinance for a wall height greater than that allowed in the Zoning Code for a property located at 2001 E. Tahquitz Canyon Way, Zone R2, Section 13; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 6.486—VAR was given in accordance with applicable law; and WHEREAS, on March 22, 2006, a public hearing on the application for architectural approval was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class III exemption (new construction of accessory structures) pursuant to Section 15303(e) of the CEQA Guidelines; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.06.00(B), the Planning Commission finds: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is currently developed with five foot walls within fifteen feet of the front property line. The existing masonry wall is legal nonconforming based on the current Zoning Code and would be permitted to remain. All new construction is required to conform to the current code. There are none of the physical characteristics mentioned above which deprive the subject property of privileges enjoyed by other properties. The applicant has stated that the difficulty in building a fence that complies with the code comes partially from the location of the structure on the lot. The structure is set back approximately twenty- five feet from the front property line and would cut off the courtyard garden. The location of a structure on the lot is not a characteristic of the lot itself and cannot be considered in making variance findings. The zone outlines a consistent regimen for wall heights when a property abuts a major thoroughfare. Staff cannot find that there are special circumstances of this lot distinct from other properties under an identical zone classification or in the vicinity. 0039 Planning Commission Resolution March 22, 2006 Case 6.486—Var Page 2 of 2 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. All other properties in the vicinity would be required to adhere to the same standards for new construction therefore, the granting of the variance would constitute a grant of special privilege for the subject property. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The subject area is not within a visibility cutback area, therefore the project is unlikely to be materially detrimental to the public health, safety, convenience or welfare or injurious to property or improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The Tahquitz Canyon Corridor requires pedestrian-friendly architecture. The increase proposed would not push the subject property into a non-pedestrian scale. Therefore, the granting of the variance would not adversely affect the general plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 6.486 —Var. ADOPTED this day of , 2006. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Commission Secretary ?ALM S R� k k PLANNING COMMISSION STAFF REPORT Date: March 22, 2006 Case No.: 6.486 -VAR Type: Variance Location: 2001 E. Tahquitz Canyon Way APN: 5102-171-017 Applicant: Dr. Reza Mazaheri General Plan: M15, Medium Density Residential Zone: R2, Limited Multi-family Residential From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Michael Blumson, Assistant Planner PROJECT DESCRIPTION: The proposed variance would allow a six and a half foot combination masonry block and wrought iron fence approximately four feet from the front property line. The variance would be approximately thirty-one percent increase above the allowable height limit. RECOMMENDATION: That the Planning Commission deny Case 6.486—Var. Planning Commission Staff Report March 22, 2006 Case 6.486 Page 2 of 5 BACKGROUND: The project is an existing medical office building that is currently vacant. There is an existing block wall that runs along the front of the property and encloses a semi-circular courtyard area in the front. The existing block wall is approximately five feet high and the applicant is proposing to add an additional eighteen inches of wrought iron on top of the wall. The applicant is also proposing to add additional six and a half foot wrought iron fencing to fill in areas without an existing wall along the front of the property. Table 1: The surrounding Land Uses are tabled below: General Plan Zone Land Use North M15 R2 Office Building South L2 R-I-B Single-Family Residence East M15 R2 Office Building West M15 R2 Office Building ANALYSIS: The General Plan designation for the property is MI5 and it is zoned R-2. The property faces East Tahquitz Canyon Way which is designated by the General Plan Circulation Element as a major thoroughfare. A Conditional Use Permit application approved in 1979 allowed for an office building at the location pursuant to the development standards outlined in the P (Professional) Zone. The required property development standards for the P Zone refer to the standard walls and fences ordinance, Section 93.02.00 of the Zoning Code. According to Section 93.02.00(E)(2)(b), property in the R-2 which abuts a major thoroughfare may have a wall six feet in height provided the wall has a setback of fifteen feet from the property line. Otherwise, the maximum height of the wall is four and a half feet. These provisions apply to walls or fences, regardless of whether they are wrought iron or masonry. The fencing proposed exceeds the maximum allowable height for the zone even if it were built fifteen feet back from the property line. The proposed variance will increase the allowable wall height by two feet, or approximately thirty-one percent. _�2 Planning Commission Staff Report March 22, 2006 Case 6.486 Page 3 of 5 REQUIRED FINDINGS: State law requires four (4) findings be made for the granting of a variance. Staff has analyzed the findings in order below: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is currently developed with five foot walls within fifteen feet of the front property line. The existing masonry wall is legal nonconforming based on the current Zoning Code and would be permitted to remain. All new construction is required to conform to the current code. There are none of the physical characteristics mentioned above which deprive the subject property of privileges enjoyed by other properties. The applicant has stated that the difficulty in building a fence that complies with the code comes partially from the location of the structure on the lot. The structure is set back approximately twenty-five feet from the front property line and would cut off the courtyard garden. The location of a structure on the lot is not a characteristic of the lot itself and cannot be considered in making variance findings. The zone outlines a consistent regimen for wall heights when a property abuts a major thoroughfare. Staff cannot find that there are special circumstances of this lot distinct from other properties under an identical zone classification or in the vicinity. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. All other properties in the vicinity would be required to adhere to the same standards for new construction, therefore, the granting of the variance would constitute a grant of special privilege for the subject property. Y;10n3 Planning Commission Staff Report March 22, 2006 Case 6.486 Page 4 of 5 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The subject area is not within a visibility cutback area, therefore the project is unlikely to be materially detrimental to the public health, safety, convenience or welfare or injurious to property or improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The Tahquitz Canyon Corridor requires pedestrian-friendly architecture. The increase proposed would not push the subject property into a non-pedestrian scale. Therefore, the granting of the variance would not adversely affect the general plan. CONCLUSION: The proposed project exceeds the allowable height allowances provided for by the Zoning Code. The existence of a legal nonconforming condition does not justify a variance to the regulations of the Zoning Ordinance. Staff is unable to recommend findings in support of the variance and therefore is recommending denial of the application. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt per Section 1 5303(e)(construction of a small structure). Planning Commission Staff Report March 22, 2006 Case 6.486 Page 5 of 5 NOTIFICATION: A notice was mailed to all property owners within a four hundred foot radius in accordance with state law. Staff has received a letter from a neighbor opposing the application. The letter is attached. Michael Blumson Assistant Planner Craig A. Ewing, AICP Director of Planning Services Attachments: - 500' Radius Map - Draft Resolution - Site plan - Correspondence ,F f {' CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES March 22, 2006 Council Chambers, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Present: Cohen, Hutcheson, Ringlein, Roath, Shoenberger, Vice Chair Hochanadel, and Chair Marantz. Absent: None. Chair Marantz called the meeting to order at 1:30 p.m. REPORT OF POSTING OF AGENDA: The March 22, 2006, agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning Services counter by 5:00 p.m. on Friday, March 17, 2006. 1. PUBLIC COMMENTS: (Three minute time limit.) Chair Marantz opened the Public Comments. Joyce Virtue, real estate broker representing the applicant, Dr. Mazaheri, spoke regarding Item 6, concerning the problem with homeless people in his property and the amount of money he's spent on trying to rectify this situation. There being no further comments, Public Comments was closed. CONSENT AGENDA: Commissioner Ringlein requested Item 2D be removed from the Consent Agenda for further discussion. Vice Chair Hochanadel requested Item 213 be pulled from the Consent Agenda for further discussion. 2A. Approval of Minutes: March 8, 2006 i M/S/C (Hutcheson/Ringlein, 7-0) To approve, minutes of March 8, 2006. 2B. Case 3.2835 - An application by D.W. Johnston Construction, to construct two contemporary style office buildings, "Saturmino Professional Park", on 1.83 acres, Administrative Minor Modification pending for a 10% reduction of parking from 116 to 104 located at 1881 East Tahquitz Canyon Way, Zone P, Section 13, APN 502-161- 005, 006 and 007. Associate Planner, Diane Bullock, gave background information as outlined in the staff report dated March 22, 2006. David Prest, architect, was available for questions from the Commission. Discussion was made regarding the 10% parking space reduction. M/S/C (CohenNice Chair Hochanadel, 7-0) To approve, subject to Conditions of Approval. 2C. Case 3.2841 -SFR - An application by Hector Romero to construct a 3,876 square foot single-family residence located at 2500 Cahuilla Hills Drive, Zone R-1-A, Section 27, APN 513-430- 044. M/S/C (Hutcheson/Ringlein, 7-0) To approve, subject to Conditions of Approval. 2D. Case 3.2759 - SFR -An application by Rodney Thomas to construct a 4,354 square foot single-family residence located at 695 West Racquet Club Road, Zone R-1-13, Section 3, APN 504-182-001. Assistant Planner, Michael Blumson, gave background information as outlined in the staff report dated March 22, 2006. Discussion was made regarding the streets and front yard set-backs. M/S/C (Hutcheson/Ringlein, 6-1/Roath) To approve, subject to Conditions of Approval. PUBLIC HEARINGS: 3. Case 5.1090 PD 323 /TTM 33878 - An applilcation by Smoke Tree, Inc. for a proposed Planned Development District and phased subdivision of a 41.22 acre-parcel into a 21.05 acre area with 49 residential lots with 52 cottages and private streets located at 1850' Smoke Tree Lane, Zone R-G-A(6), Section 25. 2 Commissioner Shoenberger stated he has a business related conflict of interest on Items 3, 4 and 5 and would not participate in the discussion and vote. He left the Council Chamber at 1:56 p.m. Contract Planner, Bernie Chase, gave background information as outlined in the staff report dated March 22, 2006. Chair Marantz opened the Public Hearing. Kitty Campbell, spoke on hehalf of the owner of Smoke Tree Inn, the adjacent property, concerned if project is approved, it would prohibit the applicant to erect 15 - 20 units on the back acre. Tracy Conrad, Chief Operating Officer of Smoke Tree Ranch, thanked staff for their diligent work on their project. She gave further details regarding the project and stated her concern with Engineering Conditions #12 and #18. Marvin Roos, MSA Consulting, gave a history of Smoke Tree Ranch and further information regarding lot coverage, CFD and drainage fees. He requested the Engineering Condition #12, regarding drainage swales, be deleted; and Condition #18, regarding retention be modified. There being no further comments, the Public Hearing was closed. Marcus Fuller, Assistant Director of Public Works, proposed Engineering Condition #12 be modified as follows: "Natural drainage swales should be maintained adjacent to all edges of roadway pavement . . . " and Engineering Condition #18 to state, 'The applicant shall accept and convey all stormwater runoff across the property in a manner consistant with the existing natural landscape of the Smoke Tree property" and Condition #19, to add to the end of the sentence, "unless prior payment of fees may be demonstrated or credit for deletion of Master Storm Drain line is approved by the City Engineer." Tracy Conrad requested 5,000 square feet of construction envelope. M/S/C (Ring lei n/Cohen, 6-0, 1 absent/Shoenberger) To recommend adoption of the Draft Mitigated Negative Declaration and approval of Case 5.1090 PD 323 and TTM 33878 to City Council, subject to Conditions of Approval; as amended: Engineering Condition #12, "Natural drainage swales should be maintained adjacent to all edges of roadway pavement . .. .'; Engineering Condition #18, 'The applicant shall accept and convey all. stormwater runoff across the property in a manner consistant with the existing natural landscape of Smoke Tree property.'; Condition #19, to add to the last sentence, "unless prior payment of fees may be demonstrated or credit for deletion of Master Storm Drain line is approved by the City Engineer"; and a new Condition to shall be: "5,000 square feet of construction envelope, as approved by Planning Director". 4. Case 33623 TTM - An application by Contempo Homes for a Tentative Tract Map to subdivide an approximate 3.42 acre parcel into 10 single family residential lots ranging from 9,754 to 19,841 square feet located north of Via Escuela and west of Gene Autry Trail, Zone R-1-D, Section 6, APN 677-030-019. Chair Marantz stated she has a business related conflict of business and would not participate in the discussion and vote for Items 4 and 5. The meeting was turned over to Vice Chair Hochanadel. She left the Council Chamber at 2:20 p.m. Principal Planner, Edward Robertson, gave background information as outlined in the staff report dated March 22, 2006. He indicated this tract is one the three subdivisions proposed by the same applicant in the same general vicinity. Further discussion was made regarding the driveways for lots 2 and 3. Marcus Fuller, Assistant Director of Public Works, recommended the Planning Commission make a finding for a reduced right-of-way width less than 50 feet for a public street otherwise the 50 feet is a standard requirement. Chair Hochanadel opened the Public Hearing. Lance O'Donnell, O'Donnell, Escalante Architects, gave further information regarding the tribal trust and allottee portions, design of homes, landscaping and reduced right-of-way. Harriet Pierce, lives in surrounding neighborhood, voiced her concern regarding traffic issues. Donald Bradhurt, lives on Verona Road, concerned about traffic in this area and on Gene Autry Trail towards the 10 Freeway. A recess was taken at 2:39 p.m. for technical difficulties. Returned from recess at 2:53 p.m. Ed Torres, representing Contempo Homes, gave further information concerning the Tribal parcel and clarified the proposed number of homes. UO29 4 There being no further comments, the Public Hearing was closed. Discussion was made regarding traffic improvements on Gene Autry Trail. M/S/C (Ringlein/Cohen, 5-0, 2 absent/Shoenberger, and Chair Marantz) To recommend adoption of the Draft Mitigated Negative Declaration and approval of TTM 33623 to City Council, subject to Conditions of Approval. 5. Case 30350 TTM - An application by Contempo Homes for a Tentative Tract Map 30350 to subdivide an approximate 11.42 acre parcel into 39 single family residential lots ranging from 7,926 to 14,421 square feet located south of Verona Road and east of Whitewater Club Drive, Zone R-1-1), Section 6, APN 677-030-001. Principal Planner, Edward Robertson, gave background information as outlined in the staff report dated March 22, 2006. He indicated this tract is the 2nd of three subdivisions proposed by the same applicant, as previously heard. Marcus Fuller, Assistant Public Works Director, reported that all requirements for City standards are being met for the local public streets. Chair Hochanadel opened the Public Hearing. Lance O'Donnell, O'Donnell Escalante Architects, gave further details regarding the sidewalks, streets and curbs. Henry Herbst, Palm Springs, owns a lot next to proposed project, voiced his concern regarding the utility lines and the routing of construction vehicles. There being no further comments, the Public Hearing was closed, M/S/C (Roath/Cohen, 5-0, 2 absent/Shoenberger, and Chair Marantz) To recommend adoption of the Draft Mitigated Negative Declaration and approval of TTM 33623 to City Council, subject to Conditions of Approval. Chair Marantz and Commissionner Shoenberger re-entered the Council Chamber at 3:06 p.m. 6. Case.6.4n -VAR -An application by Dr. Reza Mezahari to allow a wrought iron fence above the allowable height limit located at 2001 East Tahquitz Canyon Way, Zone R2, Section 13, APN 502-171-017. Assistant Planner, Michael Blumson, gave background information as detailed in the staff report dated March 22, 2006. 5 Discussion was made regarding the construction of the wall prior to approval and the problem with homeless people at this property. Chair Marantz opened the Public Hearing. There being no comments, the Public Hearing was closed. M/S/C (Ringlein/Roath, 7-0) To deny, without prejudice. 7. Case 6.487-VAR -An application by Robert Seale to allow the construction of a two-car garage within the front yard setback located at 280 Camino Sur, Zone R-1-A, Section 10, APN 505-222-008, Assistant Planner, Michael Blumson, reported staff recommends to continue this project to a date certain of April 12, 2006, per the applicant. M/S/C (Ringlein/Vice Chair Hochanadel, 7-0) To continue to Planning Commission meeting of April 12, 2006. 8. ARCHITECTURAL REVIEW: None. 9. MISCELLANEOUS: None. 10. COMMISSION WORK PROGRAM: * *General Plan Update - * *Work Program Priorities and Subcommittee Assignments - Craig A. Ewing reported the City Council has given the Planning Department direction regarding the Land Use Map including additional studies on the Land Use potential and designation for the areas of the City, north of the railroad tracks and around the Interstate 10 corridor. 11. CITY COUNCIL ACTIONS: Update. Craig A. Ewing, reported a 3- ring binder for the "Museum Market Plaza" has been distributed to the Planning Commission to gather information and use as a reference. 12. COMMISSION/STAFF REPORTS AND REQUESTS - Chair Marantz requested planning staff look into the colors at the storage . facility located at the intersection of Gene Autry and Dinah Shore. 6 r�_ Craig A. Ewing gave an update on several other projects and the upcoming Study Session topics. Commissioner Ringlein requested planning staff look into excessive run-off water located north of the Albertson's Shopping Center on Sunrise Way and Vista Chino. 13. ADJOURNMENT: There being no further business, Chair Marantz declared the meeting adjourned at 3:22 p.m. ra' A win CP Dir or of PI nn' g Services Ly�JRd 7 i • PROOF OF PUBLICATION his Is space for County Clerk's Filing Stamp (2015.5.C.C.P) 2N6 ,42 26 F)co 20' STATE OF CALIFORNIA _ ._.__-- County of Riverside No. 1302 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 6.4e6 VARIANCE 2001 EAST TAHQUITZ CANYON WAY NOTICE IS HEREBY GIVEN that the City Countll Of the CIry of Palm Springs,California,3,will 6.T e [.am a citizen of the United Slates and a resident of ppublic heating,a its meats,of M1yy 3,will h The CRy Cauncll meeting ba.ms at 6A0 p.m- In Inc the Count aforesaid; I am over the Age of eighteen Council Chamber ut City all 3200 Elet Tahquitz y g Canyon Wary, Palm Springs. years,and not a party to or interested in the The purpose of this hearing Is to comidar an ap- abave-entitled matter.I am the principal clerk of a peal by Dr. Roza Mazaheri of the Planningq Com- mission, denial of a variance to the allowabl( wall printer of the,DESERT SUN PUBLISHINC heights located at 2001 East Tanquikt Canyon COMPANY a newspaper of general circulation, Way, Zono R-2, Section 13. printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper ofgcneral circulation by the Superior Court of the County of Riverside,State of California tinder the date of March 24, 1988.Case ( {--! -T it-•1-- Number 191236;that the notice,of which the -1=� annexed is a printed copy(set in type not smaller i) •(— than non pariel,has been published in each regular �f -I and entire issue of said newspaper and not in any I " ll supplement thereof on the following dates,to wit: p r iI i� April 22"",2006 I.. V-]-rI . ---....------^.......--------........------ ENVIRONMENTAL DETERMINATION:The pro- All in the year 2006 ]oct has been dedwed Catoponc¢IIy Exemppt Irom y the California Environmental Quality Act ICECA) p(:r Section 15302(e1 new Construction of an ac- cessory structure, Members of the public may 1 certify(or declare)under penally of perjury that the view this document in the Planning Services De- pparfmant, Crty Hall, 3200 Fayt Tahqultz Canyon foregoing is true and correct. V✓ayor Palos Sgpdtlm Cif C u oiil rimeheirin0comment* a REVIEW OF PROJECT INFORMATION;Tho staff Dated at halm Spryngs�California this---24 ',,-__day reporl and other supporting dptumcnts regarding (/ this pprotIect aia avalInItIc for public review at the k) CIry Ha0 b�tweon the hours o1 8:00 a,m and 5:00 01----April-------- - —,2UU6 p.rri Monday through Friday. Please correct me Office oT the City Clerk at (760) 323-a204 if you would l ike to schedule an appoinlmcnt to review wool documents. COMMENT ON THIS APPLICATION: Response r m this notice may be made vrrbally at the Publlc Signature \ Hcaring and/or in writing before the hearing,Writ- ten comment: may be made to tlm City Council by lellur(for mail or hand delivery) to: Jarriw Thompson CIry Clcrk 32CO E. Tahquhz Canyyon Way Palm Springs, CA 92262 Any chdliengo of the proposed pro)ecx in court may be limped to raising only those issues raised at the public hoanng described In this notice. or In written correspondence dellvorad io the CIry Clark at, or prior, to thu public hearing. (Govern- ^ ment Codc Suction 6600 p[b][.2]). �. An opportunity will be given ax said hearing for all interested per•:ons to be heard.Ruc::ticns regard- Ing hie case may be direc{ed to Michael dlum- uon, Planning ervicua Department ai (760) 323-82d5. SI necesita sevda con esta carte,perfavor(lame a la Ciudad de P¢Im Springs }' puede hablar con Nadine Fleger mlefono (780) 323-ea,45. James hampson. Ciry� p - Published:4/22/2006 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 6.486 VARIANCE 2001 EAST TAHQUITZ CANYON WAY NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 3, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal by Dr. Reza Mazaheri of the Planning Commission, denial of a variance to the allowable wall heights located at 2001 East Tahquitz Canyon Way, Zone R-2, Section 13. ENVIRONMENTAL DETERMINATION: The project has been declared Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 15303(e) new construction of an accessory structure. Members of the public may view this document in the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Michael Blumson, Planning Services Department at (760) 32',3-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hab_lar con Nadine Fieger telefono (760) 323-8245. es Thompson, City Clergy �Q�u• Department of Planning Services WEE p; Vicinity Map �1 S EL ORO WY c3 � III— z Cy LU co V O +Y 0 U \. ANDREAS RE) J O � ,� uJ Cl: CS E TAHQUITZ CANYON VVY PASEO DE ROSETA CALLE FELICIA o ARENAS RD Legend S Pp CALLE LILETA CITY OF PALM SPRINGS CASE NO: 6.486 Variance DESCRIPTION: To consider an appeal by Dr. Reza Mezahari of the Planning Commission determination APPLICANT: Dr. Reza Mezahari denying a variance to the allowable wall heights located at 2001 East Tahquitz Canyon Way, Zone R2, Section 13. APN: 502-171-017. City ®f Palm Spacings Office of the City Cleric * ryC�RPORpTED♦4� 3200 E.Tahquitz Canyon Way ° Palm Springs, California 92262 C �P IF Tel (760) 323-8204 • Pax: (760) 322-8332 • Web- wwwNm.palm-spnngs.ca.us �e �R� 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, to consider an appeal of the Planning Commission's decision, denial of a variance to the allowable wall heights located at 2001 East Tahquitz Canyon Way, was mailed to each and every person set forth on the attached list on the 20th day of April, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (84 notices) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 20th day of April, 2006. //MES THOMPSON L ✓ City Clerk /kd h HAUSEWC-CLMHearing NoticestAifidavit-appeal Dr.R Mazaheri PHN 05-03-06.doc p j� Post Office Box 2743 Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 6.486 VARIANCE 2001 EAST TAHQUITZ CANYON WAY NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 3, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal by Dr. Reza Mazaheri of the Planning Commission, denial of a variance to the allowable wall heights located at 2001 East Tahquitz Canyon Way, Zone R-2, Section 13. ENVIRONMENTAL DETERMINATION: The project has been declared Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 15303(e) new construction of an accessory structure. Members of the public may view this document in the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Michael Blumson, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar eon Nadine Fieger telefono (760) 323-8245. l jJ'a es Thompson, City Clerk NEIGHBORHOOD COALITION REPS MS APRIL HILDNER Public Hearing Notice (TAHQUITZ RIVERS ESTATES) MR TIM HOHMEIER Case 6.486 VAR 241 EAST MESQUITE AVENUE (DEEPWELL ESTATES) Dr. Reza Mazaheri PALM SPRINGS CA 92264 1387 CALLE DE MARIA CC:Meeting-05.03.06 PALM SPRINGS CA 92264 MS SHERYL HAMLIN MR JOHN HANSEN MS ROXANN PLOSS (HISTORIC TENNIS CLUB AREA) (WARM SANDS NEIGHBORHOOD) (BEL DESIERTO NEIGHBORHOOD ) 565 WEST SANTA ROSA DRIVE PO BOX 252 930 CHIA ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS MALLIKA ALBERT MS DIANE AHLSTROM MR KENT CHAMBERLIN (CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) (TENNIS CLUB AREA) 2241 NORTH LEONARD ROAD 475 VALMONTE SUR 373 MONTE VISTA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB MAHLOWITZ (SUNMOR NEIGHBORHOOD GROUP) MS PAULA AUBURN MR BOB DICKINSON 246 NORTH SYBIL ROAD (SUNRISE/VISTA CHINO AREA) VISTA LAS PALMAS HOMEOWNERS PALM SPRINGS CA 92262 1369 CAMPEON CIRCLE 755 WEST CRESCENT DRIVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BILL SCOTT (OLD LAS PALMAS NEGIBORHOOD) MR. SEIMA MOLOI 540 VIA LOLA (DESERT HIGHLAND GATEWAY) PALM SPRINGS, CA 92262 359 W. SUNVIEW AVENUE PALM SPRINGS, CA 92262-1459 MR PETE MORUZZI jr,'JOD1`2,N- "ND PALM SPRINGS MODERN COMMITTEE r(1di PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE NO 6.486 VAR PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I I 1 ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 11 1 1 I 1 INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 MS JOYCE VIRTUE DR REZA MAZAHERI RE MAX REAL ESTATE CONSULT. SPONSORS I 1 I 1861 S. BUNDY 74-199 EL PASEO DRIVE LOS ANGELES, CA 90025 PALM DESERT, CA 92260 f' " F M & M Bird Alden D & Kathryn Ostman Morton Mazaheri PO Box 817 7245 Ishi Point Ct 1861 S Bundy Dr Sandpoint, ID 83864 Reno, NV 89523 Los Angeles, CA 90025 Paolo Cardinali Brian Tobin Tracy A Guild 9171 Wilshire Blvd B PO Box 626 931 S Walnut St Beverly Hills, CA 90210 Santa Monica, CA 90406 La Habra, CA 90631 Linda Bourgeois Aida M & John Radovich Southwestern Investments Llc 3912 Alberan Ave 3633 Sierra Vista Ave 23586 Calabasas Rd 104 Long Beach, CA 90808 Glendale, CA 91206 Calabasas, CA 91302 S M Garjian Mohamed Bidair Richard & Debra Bona 4290 Summit Dr 3634 7Th Ave 14H 210 E Cerritos Dr La Mesa, CA 91941 San Diego, CA 92103 Palm Springs, CA 92262 Jeffrey P Wright Luring Prop Amir Fayazrad 1717 E Vista Chino 7 140 N Luring Dr 160 N Luring Dr A Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Richard D Schnitgen Kevin E Nay Marcia M Stepp 1934 E Andreas Rd 1950 E Andreas Rd 2013 E Andreas Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Ralph E & Linda Frere Arthur H Strong Richard M & Anastasia Braham 1935 E Andreas Rd 2145 E Andreas Rd 2115 E Andreas Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Saturmino P.Ztners Llc Tahquitz Canyon Holdings Llc Rozene R Supple 1111 E Tah`quitz Canyon Way 2( 1800 E Tahquitz Canyon Way 2100 E Tahquitz Canyon Way Palm�Sp ings, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Angelo & Howard Gouvis Richard J & Schelly Gill 2045 Tahquitz Partnership 2150 E Tahquitz Canyon Way 9 1921 E Tahquitz Canyon Way 2045 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Rose & Joseph Garcia James R & Debra Cioffi ��, Elizabeth Brousseau 2099 E Tahquitz Canyon Way 2121 E Tahquitz Canyon Way 2056 Pasec Roseta Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 n David M Prunty Joy Obrien Jack D Isham 2002 Paseo Roseta 165 S Avenida Elenora 149 S Avenida Elenora Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Tara Bonamici Frank W Winsor Frank G Kokorudz 1990 E Calle Felicia 2100 Paseo Roseta 2142 Paseo Roseta Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Robert Kalin Howard A Sorkin Paul W Ender 2188 Paseo Roseta 2004 E Calle Felicia 2056 E Calle Felicia Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Ross M Holmquist Doris M & Key Black Armine Akcheian 2114 E Calle Felicia 2147 Paseo Roseta 2125 Paseo Roseta Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Anthony Marchese John & Connie Nabhan Stanley W & Stanley Lange 2020 E Paseo Gracia 2079 Paseo Roseta 2057 Paseo Roseta Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Marlene A Stilwell Evangelina Q Baca Andrew & Susan Green 2003 Paseo Roseta 1990 E Calls Lileta 2004 E Calle Lileta Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Merlyn Byers Martha Gilbreath Mails Klein 2030 E Calle Lileta 2040 E Calle Lileta 2074 E Calls Lileta Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Robert Machatka Susan F Rodriguez Tahquitz 2000 Ventures Snc 2121 E Calle Felicia 2051 E Calle Felicia 700 E Tahquitz Canyon Way H Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Victor Y Adams 1986 L L C Jim E Hemstreet PO Box 2642 64893 Saragossa Dr 70061 Cobb Rd Palm Springs, CA 92263 Palm Springs, CA 92264 Rancho Mirage, CA 92270 James R Zoulek Theda H Rerucha Ryan & Amber Matas 23257 Villena 807 N Woods Ave 320 W Whiting Ave Mission Viejo, CA 92692 Fullerton, CA 92832 Fullerton, CA 92832 James Bullar Steven G Temme Robert Culver 770 S Th�,,CityDr 2100 EM 3279 Kempton Ave 2211 U St Oranq .,""CA 92868 Oakland, CA 94611 Sacramento, CA 95818 G *** 63 Printed ***