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APP 2012 009City of La Quinta Planning Department 78-495 Calle Tampico La Quinta,: California 92253 - (760) 777-7125 FAX: (760) 77.7-1233 Finance Codes: PC — 29/CC - 30 Application for Appeal of Findings And/Or Conditions-' Appellant's Name /.2 5 3 Av<-/ypr-ir 117 AAs y ii_ Date Mailing Address p.a. a, / / �f 10,44_,zs / , - t j,2- 3S.S Phone:; (76 a) 77/ - �7I3 Resolution # and Condition(s) of Approval being appealed y/ 96 Any developmentreview action may be appealed pursuant to Section 9.200.120 of the Zoning Code. Please identify the type of application: Type of Appeal: Change of Zone Specific Plan Conditional Use Permit Variance Minor Use Permit • Tentative Tract M Tentative Parcel Map Site Development Permit Temporary Use Permit ,Temporary CA se_. # 42 0 U vv 0 G, SEP 10 2012 _•I CITY. OF LA QUINTA FINANCE DEPT. Please provide sufficient information so as to make clear the substance of each of the groundsfor appeal. If applicable, indicate the number of -the specific _condition which isbeing protested. • A/ r A C h/i� v PP i /l--c, c %Tiw�S fir-/ .4 i4 /a , Use additional sheets if necessary. P:\Annlicatinns\Anneal Findings-Cnnd.dnc e.ofAp litjg 0- 2 oLI z. - J 3a p C3 a :111 i a z if - �t ra gym, i.. ), P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QU.INTA, CALIFORNIA 92253 September 27, 2012 Mr. Scott Holmes • 92253 Development Company,- LLC Post Office Box 141 St. Marks, Florida 32355 (760) 7.77-7000 FAX (760) 777-7101 "CERT,IFIED `RETURN RECEIPT REQUESTED 77011 15.70 0002 9346'. 2765 .SUBJECT:. APPEALOF, PUBLIC NUISANCE 12-4196 PLANNING COMMISSION ACTION 'Dear Mr. Holmes: This, letter. is to formally' notify you that on September 25, 2012, the La Quinta Planning Commission, by a 5-0' decision; did uphold the determination that a public `nuisance exists at Parcel`:779-152-012, located at 78-030 Calle Cadiz,.La Quints, California, by adoption of Minute Motion 2012-006. • -This action is final unless appealed 'to the .City Council (per La Quinta Municipal . Code Section 9.200.120) within 15 days of the Yaction.. Please contact our department should you wish to appeal. * Should you have any questions regarding this information, please do not hesitate to contact me at 760-777-7125, or via email at dsawyer@la-quinta.org: Very truly yours,' •DAVID SAWYER. Planning Manager C:... Anthony_ Moreno, .Senior_Code .Compliance.Officer. • P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 23, 2012 92253 DEVELOPMENT CO., LLC- P.O:BOX 141 • SAINT: MARKS, FL 32355 ATTACHMENT # 4 .COMMUNITY SAFETY DIVISION (760)777-7050 FAX (760) 777-7011 FILE COPY Re: 78030 CALLE CADIZ Parcel # 779-152-012 Case # 12-00004196 Officer. Jackie Misuraca Dear Owner(s): THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. A recent inspection of your property revealed conditions that constitute a public nuisance in violation of the La Quinta Municipal Code.. The conditions of the property ` are in violation of La Quinta Municipal Code 11.72.030. Please correct these conditions within thirty (30) days , or be subject to City abatement, under LQMC 11.72.050. CE N2 • 17 • '. •^NOTICE OF PUBLIC'c.ISANCE • •* Case Number: 12-00004196 ' r, Page2ofi� • Failure to correct the listed violation(s) within the time frame indicated will result in the City initiating abatement 'proceedings and/or criminal prosecution to correct the • `violation(s), 'All contractor. abatement costs and a 25 % administrative fee shall be charged to the property owner(s) as a lien • upon the property and shall'become a personal obligation of the owner(s) of record.. ' 4 • By acting immediately to correct the violation(s) referenced, you will avoid these:and • any future costs. if you object to the determination of cited violation(s), you must file a written protest to the Planning Commission no •Iaterthanten (1.0),days from the date of - r' this notice. The appeal shall be in writing and filed with the City Clerk. • • If you have any questions, please `contact Jackie Misuraca at (760) '777-7021. ,'Please provide the case number 12-00004196 and the property address. Your assistance in•supporting the Code Compliance Division to maintain the safety and appearance of our .city is greatly:appreciated. You, may contact me at the above referenced phone number if you require assistance. , .. • S. rely,. r.. ie Misuraca de Compliance Officer • • . CC: All PartiesviaCertified and First Class Mail " • 92253 Development Co. LLC. Scott Holmes '78030 Calle Cadiz La Quinta, CA. 92253 18 NOTICE OF PUBLIC 1..iSANCE Case Number: 12-00004196 Page 3of ll • PUBLIC NUISANCES Violation Description. LQMC 9.60.240 (E-3) Landscape Standards AU landscaping shall be maintained in a neat, clean and. healthy condition; including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering. Permanent - automatic inigation'facilities shall be provided for all ' landscaped areas. • Violation Corrective Action Maintain landscaping in accordance with Landscape Standards Code including some type of ground cover over native soiL Violation. Description PUBLIC NUISANCE DECLARED: 11.72.030 (N)c Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Corrective Action . Maintain the property consistent with the maintenance standards of adjacent properties. This includes the front yard area and the exterior side yard(s). Violation Description UFC 505.1 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible •and visible -from the street or road fronting the property. The numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters: Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of inch (12.7). Violation Corrective Action Add or replace approved address numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The numbers shalt contrast with their background. • Violation Description PUBLIC NUISANCE DECLARED: 11.72.030.(A) Buildings or structures which are abandoned, partially destroyed or in a state of partial construction. Violation Corrective Action CE_N2 19 • • . NOTICE OF PUBLIC h,;IISANCE Case Number: 12-00004196 '-Page4(Ail • • Obtain.ali required permits, inspections and approvals from the Building and Safety Department.-- You must complete all the necessary repairs, constructions or demolitions. Contact the Building & Safety Department for information on obtaining permits at (760) 777-7012. Violation Description. t • CBC 1026.4 Access and Means of Egress Bars, grilles, grates or similar devices are permitted to -be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that ' ' •which is required for normal operation of the escape and rescue opening. ' • Violation Corrective Action • ' . • Provide means of emergency escape from bedroom(s). The • escape opening shall have a minimum net clear opening of . 5.7 square feet. The minimum net clear opening height - shall be 24 inches. The minimum net clear opening width • shall be 20`inches. All escape windows shall have a • - finished sill height not more than 44 inches above the • r .finished floor. Submit an application and plans to the City . ' Building Department for review and approval. • • • • Violation'Description + PUBLIC NUISANCE DECLARED: . r . 11.72.030 (R): .Maintenance of grounds, landscape, shrubs, plants or. vegetation visible from the public right-of-way • which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Corrective Action • - *, • Grounds shall be routinely maintained in a neat, clean and • • healthy condition, including proper pruning, mowing.of f N lawns,• weeding, removal of litter, fertilizing, replacement of plants, a working irrigation system and ground cover to conform with neighborhood standards. ' Violation Description• 1 ' _ - PUBLIC NUISANCE DECLARED: • • 11.72.030 (T8): Allowing the following to exist on 'property: Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. • Violation Corrective Action . • .•r . Remove hazardous trees or other vegetation that creates a health and safety issue, a habitat for rats, vermin, or an unsightly appearance -and a fire hazard: • • CE N2 • •r, r • -_. 1; 1• • 20 • . NOTICE OF PUBLIC I rISANCE Case Number. 12-00004196 Page 6 of 11 Tar 4 4 atilnlai P.O. Box 1504.. 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 23, 2012 • 92253 DEVELOPMENT CO., LLC 78030 CALLE CADIZ • LA QUINTA, CA 92253 COMMUNITY SAFETY DIVISION Re: 78030 CALLE CADIZ Parcel # 779-152-012 Case' # 12-00004196 • Officer: -Jackie Misuraca • (760) 777-7050 FAX (760) 777-7011 Dear Owner(s): THIS NOTICE is hereby submitted to you'as Owner(s) of the above referenced property. A recent inspection of your property revealed conditions that constitute a public nuisance in violation of the La Quinta Municipal Code. The conditions of the property CEN2 21 ' NOTICE OF PUBLIC NUISANCE Case Number: 12-00004196 " Page 7of It are in violation of La Quinta Municipal Code 11.72.030. * Please correct these condition& within thirty (30) days , or be subject to City abatement, under LQMC 11.72.050. r 4. 22 NOTICE OF PUBLIC NUISANCE Case Number. 12-00004196 Page s of i Failure to correct the listed violation(s)-within the time frame indicated will result in the. City initiating abatement proceedings and/or criminal prosecution to correct the • violation(s); All contractor abatement costs and a 25 % administrative fee shall be - charged to the property owner(s): as a lien upon the property and shall become a personal obligation of the owner(s) of record. By acting immediately to correct the violation(s)- referenced, you will avoid these and ..any future costs. If youobject to the determination of cited violation(s), you must file a written protest to the Planning Commission no later than ten (10) days from the date of this notice. The appeal shall be in writing and filed with the City Clerk. If.. you have any questions, please contact Jackie Misuraca at (760) 777=7021. Please provide the case number,12-00004196 and the property address. Your assistance in supporting the Code Compliance Division to maintain the safety and appearance of our city is greatly appreciated. You may .contact me at the above referenced phone number if you require assistance. Sincerely, (Ili II isuraCa ode ' ompiiance Officer. CC: All Parties via Certified and First Class Mail CE N2 23 • -t •*. NOTICE OF PUBLIC NUISANCE ' • Case Number: 12-00004196 ' ; .Page 3of3.• - •',. PUBLIC. NUISANCES • Violation Description • - . - ." LQMC 9.60.240 (E-3) Landscape Standards All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement • -of plants when necessary and regular watering. Permanent • -automatic irrigation facilities shall be provided for all landscaped areas. , • r ' " •• •Violation Corrective Action y . , Maintain landscaping in accordance with Landscape Standards Code including some type of ground cover over native soil. . Violation Description PUBLIC NUISANCE DECLARED: .. 11.72.030 (N): Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent • properties which causes a substantial diminution in the . , enjoyment, use or value of adjacent properties. • Violation Corrective Action• Maintain the property consistent with the maintenance , standards of adjacent properties. This includes the front yard area and the exterior side yard(s). Violation Description . :UFC 505.1 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible ; and visible from the street or road fronting the property. The numbers shall contrast with their background. Address numbers shall be Arabic minerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7). Violation Corrective Action • . . Add or replace approved address numbers or approved building identification placed in a position that is ' • plainly legible and visible from the street or road fronting the property. The -numbers shall contrast with their background. - ' Violation Description n - • •• • PUBLIC NUISANCE DECLARED: 11.72.030 (A) Buildings or structures which are abandoned, ' , partially destroyed or in'a state of partial construction. Violation Corrective Action N' r NOTICE OF PUBLIC NUISANCE Case Number. 12-00004196 Page3of3 • Obtain all required permits, inspections and approvals from the Building and Safety Department. You must complete all the necessary repairs, constructions or demolitions. Contact the Building & Safety Department for information on obtaining permits at (760) 777-7012. Violation Description • CBC 1026.4 Access and Means of Egress Bars, grilles, grates or similar devices are permitted to be placed over emergencyescape and rescue openings provided the minimum net clear opening size complies with Section 10262'and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that which is required for normal operation of the escape and rescue opening. Violation Corrective Action • Provide means of emergency escape from bedroom(s). The escape opening shall have a minimum net clear opening of • 5.7 square feet. The minimum net clear opening height • shall be 24 inches. Theminimum net clear opening width shall be 20 inches. All escape windows shalt have a finished sill height not more than 44 inches above the finished floor. Submit an application and plans to the City Building Department for review and approval. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (R): Maintenance of grounds, landscape, shrubs, ,plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment; use or value of adjacent properties. ' Violation Corrective Action Grounds shall be routinely maintained in a neat, clean and. healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement • of plants, a working irrigation system and ground cover to conform with neighborhood "standards: Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (T8): Allowing the following to exist on • Property: Dead, decayed„ diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. .Violation Corrective Action Remove hazardous trees or other vegetation that creates a health and safety issue, a habitat for rats, vermin, or an unsightly appearance and a fire hazard.' CE_N2 25 1J1 0 • rrt ri rU Q r1 rR fC2 rR N U.S. Postal Service;::, . CERTIFIED MAIL,,., RECEIPT . (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our wcbsite at www.usps.coma OFFICLA: osflge Ce ti6• ed Fee Reten Recelpl Feb (Endorsement Required). Rechlctad Delvery Fei (EndaaemedRequUed) Total, Paato Febe . iaa D P//eJn pm ;, fop L. LetnfTO-'"-- -7LLJ., IIev Iupr1ICIIL; Cu. LG. reek' Scott Holmes mi. P.O.Box 141 .. a. ' Saint Marks, Florida 32355 Code 12-4196/78030 Cadiz/nopn/jm • .S. Postal Service,,.,• ERTIFIED MAIL,,,: RECEIPT. . (Domestic Mail Only; No Insurance Coverage Prov. ructions OMPLE.TE THIS SECTION fms12, and 3. Also complete' ° iesttict900411v&yyIsdeslred: t f y. `-. ;name and address on the tevorse scan return thecard to you :;• c•!:• Iscard to the back of the maitpiece, . �< front it space permits. :=s, agdtliessedto: . • • •t ;>7C9CIV pi gICl• rt °:Imes 41' ' S'larks, Florida 32355 Code 12-4/78030 Cadiz/nopn/jm • aa41 • COMPLETE THIS SECTION ON DELIVERY �a Slgnelu s_ 0 Agent Pf �L. 17 Addressee Ned' y( % l~ red tie* C. Date of Delivery D. is delivery address differnrttfram Item 1? ❑ Yes If YES, enter delivery address below: ❑ No tPt, a' service Type — • ❑ Certified Mall , 0 f'�cpress Malt ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4, Restricted Degve, ? (Odra Fee) ArttclitNymberi . • (fiansfer.from 7011' 0110 0002 1300 6555 si • . PS:F.oim'.3.8,1.1°, February• 2004' : Domestic Return::Receipt • • For delivery information visit our.website of www.usps.coma:' OFFICIAL ' Rl • Postage ru Certified Fee Q Return Receipt Fee l (Endorsement Required) • Restricted Deh4ery, Fee (Endorsement Required) rI rR Total Postage.8 Fees O ri rR a r- >b 8 e✓elopee4. .0. LLB 'sr*" Scott Holmes orPOi 78030 Calle Cadiz La Quinta:CA. 92253 mai 06.12-4196/78030 Cadiz/nopn/jm' • r COMPLETE THIS SECTION tilArns'N'2,7and 3. Also oomptete • crest tctet tDellvery desired. •;; :. _Lir-4[I)ei and address on the reverse We,can return the card to you. Soak! to the back of the maltpiece, ='front If space permits. dr>,to: • eve%Im t .vrvN, rd'rl ccr. -�ci5tt i lolmes, i -78030 Calle Cadiz . La Quinta, CA. 92253 - j Code 12-4196/78030 Cadlz/nopn/jm • • • 0 Yea COMPLETE THIS SECTION ON DELIVERY A:• Signature X -• 0 Agent • 0 Addressee . (Printed Name) C. Date of Delivery tif1 /— - Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No FILE CItPY. 3. Service 'type 0 Certified Mali 0 Expmss Mall ❑ Registered . 0 Return Receipt for Merchandise 17 insured Mall . 0 C.O.D. • 4. Restricted Delivery? (Eirtra Fee) a from SBiYj Artlple�lurmsi`01 i0 0©02 1300 6562 .(rra;>sfar` 7011- , ❑ Yes 26 t?SForrii 3811, F,ebrtjary 2004; ; Domestle•Reium Receipt - • • <:e ,..+c26 0eZ*154 •1 _. 92253 Development,Company, LLC P.O. Box 141 St. Marks, FL 32355 August 29, 2012 Planning Commission c/o the City Clerk City of La Quinta P.O. Box 1504 La "Quinta, CA 92253 - ATTACHMENT # 5 Re: 78030 Calle Cadiz - Notice of Public Nuisance, Case 12-00004196 Via Certified Mail Return Receipt Number 7011 3500 0000 8110" 0607 Ladies and Gentlemen of the Planning Commission: Copies of the first four, pages .of the above referenced notice received August 29, 2012, are enclosed.' Thank. you for' bringing these matters to my attention and for the opportunity to . respond. For ease of reference, the alleged violations and corrective measures in the enclosure are numbered 1 through 14, inclusive. ' Per the notice, protests to items 7,, 8, 9 and 10 are hereby filed. The building is not abandoned, partially destroyed or in a state of partial construction requiring the issuance of a building permit. Furthermore, sections 1026.2 and 1026.4 of the California Building Code (CBC) clearly apply to "new construction" of "residential buildings" and then only to "sleeping rooms". I can find no language mandating the retrofitting of existing buildings. If this understanding of the CDC is incorrect, please provide specific language that requires existing thirty year old structures be retrofitted to comply with the heretofore referenced sections of the CDC. • • Permanent automatic irrigation facilities exist on the property; therefore, the remaining items can be corrected with yard cleanup, landscape maintenance and replacing the zero (0) on the address number located on an exterior wall of the 'building., Actions to correct these issues will be undertaken, if not completed, in •the time period outlined in the notice. If some corrections having begun are. not completed within thirty days, I respectively ask for a sixty day extension so that all matters may be brought into compliance to your satisfaction. Thank you again for bringing these *natters to my attention and for your anticipated consideration. I look forward to resolving these issues and bringing this matter to a timely • resolution. Please call me at 760-771-4783 if I may be of immediate assistance in furtherance of these goals. Enclosures cc. Ms. Jackie Misuraca, Code Compliance Officer 27 P.O. BOX 1504. 78-495•CALL8 TAMrICO • LA QUINTA, CALIFORNIA 92253 . August 23, 2012 . 92253 DEVELOPMENT CO., LLC. P..O.BOX141 • SAINT MARKS, Ft_ 32355 a. • Dear Owner(s):' . r L' it t ,• THIS NOTICE is hereby submitted;to you as owner(s) of the above referenced property. , A recent inspection of your property revealed conditions that constitute a public ' nuisance in,violation of the La Quints Municipal Code. The conditions of the, property are in violation of La Quinta Municipal Code 11.72.030. Please correct these conditions Within thirty (30) days or be subject to City abatement, under LQMC 11.72.050. n COMMUNITY SAP$TY DIVISION (76,0) 777=760 . FAX (760) 777-701.1 Re: 78030 CALLE CADIZ Parcel # 779-152-012 Case # 12-00004196 ' Officer: Jackie Misuraca 28 NOTICE OF PUBLIC NUISANCE Case Number: 12-0000419B :.Page2ofii- Failure to correct' the ,ilstect vlolatlon(s)•within the time frame Indlceiiedwill result in .the- • City initiating abatementproceedings and/or criminal • viotatton(s), Aii contractor abatements:costs and a , 25 % adm nistratjve• f e shaii Ct be charged .to the. property :owner(s) as a Tien upon: the. property* end'oshiail 'become .a personal obligation of the;owner(a),of reC rd:, • . • By acting immediately to: correct the viblatlt�ej(s} reference; you will avoid tease, and any future costs if you object to they determinatian of oited violation s ,(,),,•youmust file a. written protest to the Planning Commission no later than ten 00) days from'the data of this notice The; appeal shall'be li, writing.,and filed with4he,_City Clerk. If you have any questions, please contest Jackie ,Miauraca at' (760) 777.7021. Please provide the case number 12..00004100 and the property address, Your . assistance in supporting the Code Compliance Division to maintain the: safety.and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. S' 'e MIsuraca. Code Compliance Officer CC: All Parties via Certified and First Class Mail CE N2 29 • S r. • • Nu( PUauC NUISANCE Ease Number: 12-00004186 Page 3ofli .. PUBLIC NUISANCES �, . Violaion Description • . 7 ' 4 ' LQMC 9.60.240 (E-3) Landscape Standards All landscaping'shall'be maintained in a neat,. clean and' . healthy condition, including proper pruning, mowing fif • lawns, weeding, removal of litter, fertilizing, replacement ofplants when necessary and regular watering. Permanent 'automatic Irrigation facilities shall be'provided for all landsoaped areas. - 1/4 N Violation Corrective Action ` ` ' . • Maintain landscaping hi accordance with Landscape Standards ,„ Code including some type of ground cover over native soil. • Violation Description - '' f' • PUBLIC NUISANCE DECLARED: 11.72.030' (N): Maintenance of property sr.; out of1ianniiny or conformity with the maintenance standards of adjacent • - ' properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties, Violation Corrective Action .• Maintain the property consistent whit the maintenance standards of adjacent properties. This includes the from yard area and the exterior side yard(s). ��Violation Descriptio n UPC 505.1 New and existing buildin gs shalt have approved address numbers, building numbers or approved building Identification placed in a position brat is plainly legible and visible from the street or road fronting the property: The numbers shall contrast with their background: Address • numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102rmn) highwith a minimum stroke width of 0.5 inch (12.7). • ' • { f Violation Corrective Action • • • Add or replace approved address numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The numbers shall contrast with their - background. • . • Violation Description PUBLIC NUISANCE DECLARED: ' 11.72.030 (A) Buildings or structures which are abandoned, partially destroyed or inn state of partial construction. Violation Corrective Action • 30 • +NOT6CE OF PUBLIC NUISANCE - .Case Number: 12-00004196 • Page 4 of.l l • Obtaw al! regttir d permits inspections and :approvals, ' the Buiidfng and Safety Department• You nest cortipletc.-all the necessary repairs, consiructtons or demolitions:. Contact the,Building & Safety Department for mfurniatien on obtaining' permits, at (760) 777-7012.• g VIotatrgti taescriptIon • • CBC 1026r4 Access and Means o; E ess • Bars, grilhes, grates or similar devigcs are permitted tc- beDlaced over emerr'gency escape and rescue openings: • provided the minimum nerclear opening size oontplir $:with; Section 1026 2 and such devices shall be reIeasabla'or' ' reinovablefrom•the:instde without the use of a key,. too(;: special knowledge; or effort or force grearerthan that which is required for normal .operation'of the escape:and re. cus,opening„ J.0 Violation Corrective Action • x. _ Provide means of emergency escape,from i edroottt(s). 'The escape opening shall have a mtniteum net clear opening of h - S.7 square; feet.. The ntitiiniuni net clear opening ht ieit shall be24'inches The minimum` net' clearop ning.width- shell be 20 inches. 'Ail escape windows shall have• ' Wilted sill height not mare than 44'inches'abave the finished floor Submit an application, and plans to the City Baiidtng.ttepartment'for review and. approval. Violation Description • PUBLIC NUISANCE DECLARED' 11.72.03G (R): Maintenance of grounds, landscape, shrubs. plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties. , / 3, Violation Corrective Action ' Groiutds shall be routinely maintained Ina neat, 'clean and healthy oonditton, including'proper pruning, Mewing 41 lawns, weeding, removal of litter, fertilizing, replacement of plants; a working irrigation'systectt and ground cover re conform with neighborhood standarda: - ' • - Violation Description • PUBLIC NUISANCE DECLARED: 11.72.030 (T8):Allowing the following to exist on ..- • property: ' ' - . • • Dead, decayed, diseased or hazardous trees, hedges, wgrds, ' - shrubs and overgrown vegetation nicely to harbor rats or vermin or constitute an unsightly appearance • or fire hazard. /. ' Violation Corrective Action • . Remove hazardous trees or other vegetation that creates a health and safety issue, a habitat ibr rats, vermin. or . an unsightly appearance and a fire hazard. • CE. N2 r { L 31 S' ti i ATT' 'CHMENT 71 9Z2`5-3.:&_✓ t :n�,�z- / ) 42dC.S 1 / & - J,2:355 Phone:. (760 )� 77/:- 7 ' .Resolution # and Condition(s) of Approval being appealed` (��' 0 0 , / q 7` '2o • Any development review action may be appealed pursuant to Section 9.200.120 of the Zoning Code. • Please identify the type of application: - Type of Appeal: _ . • Change of Zone_ Specific Plan ,• . Conditional Use Permit Variance • Minor Use Permit • City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760)'777-1233 Finance Codes: PC — 29/CC - 30 Application for Appeal of Findings And/Or Conditions: ; OFFICE USE ONLY Case No. d 0/;2 —dO Date Recvd Fee: Related Apps.: Logged in by: eAA) Appellant's Name Mailing Address+• • Please provide sufficient information so as to make cleai the substance of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. lL LDate SEiP102012 CITY OF LA QUINTA • Tentative Tract Ma..' ; FINANCE DEPT. Tentative Parcel Map Site Development Permit Temporary Use Permit ✓ Other Case.z7` 42-0(too V/ 9 . 3 • Use additional sheets if necessary. • P:\AnnlicatinnstAnneal Findines-Cnnd:dnc 8 -LZ~l'ii 'e,of.Ap • • ATTACHMENT # 7 8/23/ '4+11 12 34 J • , ::--.7t 4 .- < • -.' ,'T.-,-,./- • A ''. 'IV,' : * 50- '•''',., ; ., , , ...... ,,,z .1.::•,:, ):::....--‘:--7 • - , -•‘..f,..........2, , .,„..,.. ,,,,....,..t..„.„.....„......„.„:t r, , • , _ .. , . . . 4.'1, _.:. .. k.. .,?.: „...-, . - ,,,',,, •. ' • `-.1r. ,-z... . ' ..b,--4,; ..,,,,t.., , • - • .. -.... . 1,...,,,, , \ ,‘,,...,-; , _,., , ,• i f , - .. ,?5, 't .!C-. . • ' • . . '11k;41.(1 '2. .1( • , • ?53 Development Company P.O. Box :141 St. Marks, FL 32355 August 29, 2012 Planning Commission c/o the City Clerk City of La Quinta P.O. Box 1504 La Quinta, CA 92253 SEP -5 2012 • ` CITY OFIA.QUINTA PLANNING DEPARTMENT.,' Re: 78030 Calle Cadiz - Notice of Public Nuisance, Case 12-00004196 Via Certified Mail Return Receipt Number 7011 3500 0000 8110 0607 Ladies and Gentlemen of the Planning Commission: Copies of the first four pages of the above referenced notice received August 29, 2012, are enclosed. Thank you for bringing these matters to my attention and for the , opportunity to respond. For ease of reference, .the alleged violations and corrective measures in the. enclosure are numbered 1 through 14 inclusive. Per the notice, protests to items 7, 8, 9 and 10 are hereby filed. The building is not abandoned, partially destroyed or in a state of partial construction requiring the issuance of a building permit. Furthermore, sections 1026.2 and 1026.4 of the California Building Code (CBC) clearly apply to "new construction" of "residential buildings" and then only to "sleeping rooms". I can find no ' language mandating the retrofitting of existing buildings. If this understanding of the CDC is incorrect, please provide specific language that requires existing thirty year old structures be retrofitted to comply with the heretofore referenced sections of the CDC. Permanent automatic irrigation facilities exist on the property; therefore, the remaining items can be corrected with yard cleanup, landscape maintenance and replacing the zero (0) on the address number located on:;an exterior wall of the building.. Actions to correct these issues will be undertaken, if not completed, in the. time period outlined in the notice. If some corrections having begun are not completed within thirty days, I respectively ask for a sixty day extension so that all matters may be brought into compliance to your satisfaction. Thank you again for bringing these matters to my attention and for your anticipated consideration. I look forward to resolving these issues and bringing this matter to a timely resolution. Please call me at 760-771-4783 if I may be of immediate assistance in furtherance of these goals. Respectfully, Enclosures •,T, ^, ;- es` 1;T ' G Cr- cc. Ms. Jackie Misuraca, Code Compliance Officer • Carolyn Walker From: Sent: To: Cc: Subject: Attachments: Mr. Holmes: Carolyn Walker .: Thursday, September 27, 2012 11:23'AM Scott Holmes (scott92253@yahoo.com) Jackie Misuraca; Anthony,Moreno; Deby Conrad FVV: Appeal of Public Nuisance 12-4196 0638_001.pdf • Appeal of Public Nuisance 12-4196 was presented to the La Quinta Planning Commission on September 25, 2012.• Notification of the Planning Commission's decision is attached. (A hard copy is also being sent to you by certified mail:) • Should you have any questionsplease contact our Department as noted below and in the attached letter. • Carolyn Walker, Executive Secretary' Planning Department City of La ,Quinta 760-777-7118 cwalker(a�la-quinta: orq -,This email and any files transmitted with it may contain legally privileged' or otherwise confidential information. If you are not the intended • recipient, or.believe that you may have received this communication in erro, please adivse the sender via reply email and delete the email you' received. This email address is to'be used for official City of La-Quinta correspondence only.Any messages which are transmitted to this address which contain advertisements, spam, malicious attachments, or any other type of inappropriate content may automatically deleted or blocked from receipt or viewing. Please consider the environment before printing this and any email.• • •1 • 4 • Jay Wuu From: ' Carolyn Walker Sent: Thursday, September 27; 2012 10:33 AM To: Jackie Misuraca; Anthony Moreno; Deby Conrad Subject:. FW: Appeal of Public Nuisance 12-4196 FYI.... The e-mail to Mr. Holmes was sent out twice and returned both times. Should you have another e-mail address for him, please let me know. The certified letter will be mailed outtoday. Thank you. - Carolyn Walker, Executive Secretary Planning Department. City of La Quinta 760-777-7118 cwalkei(a�la-quinta. org a This email and any files transmitted with it may contain legally privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please adivse the sender via reply email and delete the email you • received. This email address is to be used for official City of La Quinta correspondence only.Any messages which are transmitted to this address which contain advertisements, spam, malicious attachments, or any other type of inappropriate content may be automatically deleted or blocked from receipt or viewing. Please consider the environment before printing this and any email. From: System Administrator • Sent: Thursday, September 27, 2012 10:23 AM To: Carolyn Walker , Subject: Undeliverable: Appeal of Public Nuisance 12-4196. Your message Aid `"not 'Teach some or all of the intended recipients. 4,• Subject:- Appeal, of Public Nuisance 12:4196 Sent: 9/27/2012 10:23 AM The following recipient(s) cannot be reached: ". . scott(alyahoo.com on 9/27/2012 10:23 AM. + There was a SMTP communication problem with the recipient's email server. Please contact your system administrator. • <clqmail.la-quinta.org #5.5.0 smtp;554 delivery error: dd-This user doesn't have a yahoo.com account (scott@yahoo.com) [-5]-'mta1143.mail.mud.yahoo.com> "f 1 (a • AgA Z 1.11 as CI CD Gt. • rim • U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com t w.OFF.ICIAL LJ_ IT' _Postage Q- ru , r1J /t CertMied Fee O Return Receipt Fee • p (Endorsement Required) Restricted Delivery Fee p 1 (Endorsement Required) M1 O ul r-a u-1 • Total Postage & Fees ra • r'4• I • lti r9 rl . t - Street, Apt No.; or PO Box No. . $ • , teV a. I. SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SCOTT HOLIES 92253 DEVELOPMENT CO . , LLC P 0 BOX 141 ST. MARKS, FL 32355 COMPLETE'THIS SECTION ON DELIVERY - I . ❑ Agent ressee "e ate o e ery D. Is delivery address d'rffere If YES, enter delivery ad 3. Service Type RCertified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) -;s11 PS Form 3811, February 2004 "7D11i 157b l0b02i 93461' 2765 t; Domestic Return Receipt C `� 102595-02-M-1540 :vi; • _.d..:.• • • i 53 Development .Company, P.O. Box 141• St. Marks, FCt 32'355 September 7, 2012 Planning Commission c/o the City Clerk City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Application for Appeal of Notice of Public Nuisance, Case 12-00004196 Ladies and Gentlemen of the Planning Commission: The application for appeal, copies of the first four pages of the notice received August 29, 2012, and one hundred seventy five dollars are enclosed. I apologize for the City's need to have to issue the notice and appreciate the opportunity to respond. For ease of reference, the alleged violations and corrective measures in the enclosed notice are numbered 1 through .14 inclusive. Since receiving the notice, measures have been taken to comply with Items 5 and 6, and to clean up and maintain the exterior of the property in order to satisfy items 1, 3, 4, 11, 12, 13 and 14. Permanent automatic irrigation facilities exist on the property; however, the type of "ground cover over native soil" that is suitable to the city as referenced in Item #2 is vague. Please clarify Item 2 and grant sixty days to remedy the situation. An appeal and/or clarification of items' 7, 8, 9 'and 10 is also sought. The. building is not abandoned, partially destroyed or in a state of partial construction requiring the issuance of a building permit. Furthermore, from my reading of sections 1026.2 and 1026.4 of the California Building Code (CBC), the regulations appear • to .apply to "new construction" of "residential buildings" 'and theri only to. "sleeping rooms'.. I can find no language mandating the retrofitting of existing buildings. Please provide specific language that requires existing thirty year old structures to be retrofitted to comply with the heretofore referenced sections of the CDC, and if retrofitting is required, please grant sixty days for compliance. Thank you again for bringing these matters to my . attention and for your anticipated consideration. I look forward to resolving these issues and .bringing this matter to a timely resolution. Please call me at 760-771-4783' if I may be of immediate assistance in furtherance of these goals. Respectfully, Scott Holm Enclosures