BUFFIN & MOHSENINIA• 2ac�y �C SepQui�fw
FEE $35.00
CITY OF LA QUINTA
78-495 Calle Tampico, P. O.Box 1504, La Quinta, C
A
HOME OCCUPATION PERMIT
'V
92253
Read each condition listed on the attachment to this form to see if
the proposed activity can comply with the City's Home Occupation
Regulations.
BUSINESS NAME PHONE 560-8470
PROPERTY OWNED (;rPPn PHONE
PROPERTY ADDR S 51 _340 E; culla, a= Dr -
MAILING ADDRE S o bx 134 La uinta 92253
TYPE OF RESIDENCE (. multiple, mobil home, etc.)
TYPE OF BUSINESS Real F.statP
BRIEF DESCRIPTION OF HOW THE BUSINESS WILL OPERATE
• S p ad8Pna1imc
NUMBER OF PERSONS INVOLVED IN BYSINESS two
LIST NAME OF PERSONS EMPLOYED 't •'" s - lulaiak,
SQUARE FOOTAGE OF USABLE FLOOR AREA M oySSpi
IN HOUSE (EXCLUDE GARAGE) a prox. 300 `
LOCATION AND SQUARE FOOTAGE OF AREA
OF BUSINESS ACTIVITY IN HOME bedrooms
(EXAMPLE, "BEDROOM -125 S.F.")
DESCRIPTION OF MACHINERY, EQUIPMENT, AND SUPPLIES BEING USED IN THE
BUSINESS OPERATION copier/com;uter/typPwritPrffilcc
I HAVE READj;:-iJNDERS D, AND AGREE WITH THE CONDITION S.•- Y WHICH A
Mg `5ECIJ'ATION OWED (CONDITIONS ATTACHED) .:
' cam:
�s
ANT/` S IGNATURE DATE
IF. APPLICANT ,:':OTHER PROPERTY OWNER, A". RIZATIO '-OF.�;=.0•WNER
OR AGENT IS E ZIIRED;•
. OWNER/ `C 3�iT SIGNATURE
I ORTAII�dT:'' F E OR _,Mf3LEADING INFORMATION S tL BE'-!GR�pUNDP FOR
. Dt .INC° YOUR .HOME OCCUPATION; FA LURE rOND3TI0
TOxaOMPii?: WITH NS
.. :.
T;� ON THE ATTA,C�iED PAGE SHALL HE GRiDS''OR REVOCATION OF
Tr
B - ani afet De artment
av
APPROVED DENIED CONDITIONS ATTACHED
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FEE $35.00
CITY OF LA QUINTA
,nom
� I
78.-495 Calle Tampico, P. O.Box 1504, La Quinta, CA 92253
HOME OCCUPATION PERMIT
Read each condition listed on the attachment to this form to see if
the proposed activity can comply with the City's Home Occupation
Regulations.
�EGfLI¢j
BUSINESS NAME PHONE
PROPERTY OWNEIgpGreen PHONE
PROPERTY ADDR S 51-340 Eisenhower Dr.
MAILING ADDRESS P.O Box 134. La Quinta. CA 92253
TYPE OF RESIDENCE (single, multiple, mobil home, etc.)
TYPE OF BUSINESS Real Estate
. BRIEF DESCRIPTION OF HOW THE BUSINESS WILL OPERATE
See Addendums
NUMBER OF PERSONS INVOLVED IN BUSINESS o
LIST NAME OF PERSONS EMPLOYED Buffin/M - o
SQUARE FOOTAGE OF USABLE FLOOR AREA
IN HOUSE (EXCLUDE GARAGE) Approx.300
LOCATION AND SQUARE FOOTAGE OF AREA
OF BUSINESS ACTIVITY IN HOME Bedrooms.
(EXAMPLE, "BEDROOM -125 S.F.")
DESCRIPTION OF MACHINERY, EQUIPMENT, AND SUPPLIES BEING USED IN THE
BUSINESS OPERATION Copier/computer/typewriter/files
I HAVE READ, UNDERSTAND, AND AGREE WITH THE CONDITIONS Y WHICH A
HOME OCCUP TIO IS ALLO (CON ,T NS ,ATTACHED).
PLICANT -S IGNATUR TE
IF APPLICANT IS OTHER
OR AGENT .
OWNER, AUTHORIZATION
• IMPORTANT: FALW OR MISLEADING. INFORMATION SHALL BE GRQ0NDS FOR
DENYING YOUR HOME OCCUPATION; FAILURE TO COMPLY WITH jZbNDITIONS
LISTED ON THE ATTACHED PAGE SHALL BE GROUNDS FOR REVOCATION OF
PERMIT.
i;jj;;Mq and Safety Department
APPROVED DENIED CONDITIONS ATTACHED
� Q
78495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000
FAX (619) 777-7101
Every employer who applies for any license or a renewal of any
license for a business issued pursuant to Section 37101 of the
Government Code or Section 7284 of the Revenue and Taxation Code
shall complete and sign a declaration that states the following:
WORKER'S COMPENSATION DECLARATION
I hereby affirm under penalty of perjury, one of the following
declaration:
I have and will maintain a certificate of consent to self -
insure -for worker's compensation, as provided'by Section 3700 -for
the duration of any business activities conducted for which this
license is issued.
• I have and will maintain worker's compensation insurance, as
required by Section 3700 for the duration of any business
activities conducted for which this license is issued.
My worker's compensation insurance carrier and policy number:
Carrier:
Policy Number:
A "COPY" OF THE POLICY SHOWING THE AMOUNT OF COVERAGE AND
IRATIO DATE FOR WORKMEN'S COMPENSATION IS REQUIRED TO PROCESS
S ARPtICATION.
I certify that in the performance of any business activities
for which this license is issued I shall not'employ any person in
any manner so as to become subject to the worker's compensation
laws of California, and agree that if I shoul ecome s bject to
the worker's coation provisions of Sect,10
Date: mpe Applicant:
WARNING Fai re to secure workman's compensati c erage is
unlaw 1, and shall subject an employer to crimina pen lties and
civic fines up to $100,000. In addition to the cost of
• compensation, damages as provided for in Section 3706 of the Labor
Code', interest, and attorney's fees.
bus.fac
9
A-1
MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 �a�.
78-105 CALLE.ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564.2246
HOME OCCUPATION.
CONDITIONS AND CRITERIA
ALL HOME OCCUPATIONS SHALL COMPLY WITH THE FOLLOWING CONDITIONS
AND REQUIREMENTS:
1. No one other than the resident -of the dwelling shall be
employed on the premises in the conduct of the. home
occupation.
2. The home occupation shall be conducted entirely within the
enclosed area of the main building and shall not occupy more
than 25 percent of the total area'of the structure.
3. A home occupation shall not be conducted within an accessory
structure. There may be storage of equipment or supplies in
an accessory structure. Garage space may be used for the
conduct of a home occupation only when it does not interfere
with the use of such space for the off-street parking of
vehicles required by Chapter 9.160 of the Zoning Ordinance.
4. There shall be no outdoor storage or display of equipment,
machinery, supplies, materials, or merchandise.
5. There shall be no sales activity, either wholesale or retail,
except mail order sales, nor shall there be the.maintenance of
an office open to the general public.
6. There shall be no more than a one -day's supply of hazardous
materials stored on the premises at any given time.(i.e., pool
chlorine, paint thinner, etc.).
7. There shall be no dispatching' of persons or equipment to or
from the subject property, including the use of. commercial
vehicles which operate to and from the premises.
8. No vehicles or trailers except those normally incidental to
residential use shall be.stored or parked on the site.
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
Home Occupation
Page Two
9.. There shall not be involved the use of commercial vehicles for
the delivery of materials or items to or from the premises,
other than a vehicle not to exceed a rated.one-ton capacity.
10. There shall be no use of any mechanical equipment, appliance,
or motor outside of the enclosed building or which generates
noise detectable from. outside the building in which it is
located.
11. There shall be no signs or other devices identifying or
advertising the home occupation.
12. In no way shall the appearance of the building or lot 'be so
altered, or the home occupation be so conducted, that the lot
or building may be reasonably recognized as serving. a non-
residential use (either by color, materials, construction,
lighting, sounds, vibrations, etc.).
13. No home occupation shall create a nuisance by reason of noise,
odor, dust,. vibration,•fumes, smoke, electrical
interference, traffic, or other causes. .
14. The use shall meet reasonable special conditions as
established and made of record in the Home Occupation Permit,
as may be deemed necessary to carry out the intent of this
Section.
Special Conditions To Allow A Home Occupation
At 51-340 Eisenhower Drive, La Quinta,
Pursuant To La Quinta Municipal Code
Chapter 9.208 Section 9.208.020 N.
Purpose and Intent:
The Special Conditions contained herein are mandatory in order to allow a real estate/broker business to be
operated within the boundaries of an SR Zone (residential) located at 51-340 Eisenhower Drive, La Quinta, as
requested by Mr. Thomas Buffin, DBA: Thomas Buffin and Associates/Power Brokers. .
The conditions as set forth, are essential in that they will maintain the integrity of the City's zoning requirements
related to specific uses of a private residence located within the boundaries of an established residential
neighborhood, as well as to protect the rights individually, as well as a whole, of the residents of the City by
providing and mandating minimum standards to safeguard and enhance property values, to protect private
investment in private home ownership as well as undeveloped property to maintain the overall integrity of
residential neighborhoods with the City and to promote and maintain a peaceful community environment by
safeguarding the health, safety and welfare of the public in general.
On several recent visits to the referenced property, it has been noted and documented by City and County officials
that customary items normally found to exist in an occupied home were not present and visible, such as, but not
limited to, beds, dressers, bath accessories and related items such as towels, linens, etc., small kitchen appliances,
silverware, glassware, dining table and chairs, televisions,'living room couch(s), chairs(s), and table(s), lamp(s),
throughout, clothes washer and dryer, etc.
In addition, the vehicles known to belong to Mr. Thomas Buffin and Ms. Cecelia Mohseninia have not been
observed at the Eisenhower location during w} at would normally be referred to as off hours or after business
hours and to add to that, no vehicles of any description have been observed during those same periods of time.
These observation have been done on numerous recent occasions since March 1 st, 1995, by several City Staff
members that are familiar with the current business activity and are also familiar with the personal vehicles used
on a regular basis by Mr. Buffin and Ms. A4ohseninia. These observations by City Staff have occurred as a result
of utilizing Eisenhower Drive as a primary access street in and out of the cove area in the normal course of
conducting their own private and personal errands, etc.
Based on the previous information, it appears as though Mr. Buffin and Ms. Mohseninia may share a difference
of opinion in regards to what the City feels would normally constitute a full time residency based primarily on their
lack of attendance at the Eisenhower Drive location as well as their apparent lack of need for the bare necessities
of household items as previously mentioned, most of which would be, in the opinion of the City, vital and required
in order to maintain a part time occupancy, as well as full time.
In addition, the City has been approached by other parties that are familiar with Mr. Buffin's current business
activities at the Eisenhower location and those parties have expressed a similar desire and interest in occupying
private residences throughout the City for the exclusive purpose of operating an on site real estate sales office,
as well as to set up model home situations, both of which are in direct conflict with permitted home uses within
a residential zone.
Based on the facts as mentioned, coupled with Mr. Buffin's request to operate his real estate/broker business from
the referenced location, the following conditions and requirements shall be required and will be titled "Special
Conditions Of Record", as allowed and in addition to the standard requirements of the Home Occupation and
Criteria and pursuant to La Quinta Municipal Code Chapter 9.208 subsection 9.208.020N.
Item #1.
No one other than the legally established resident and/or residents shall be employed, while at the
premises, for the purpose of conducting business in any fashion and/or as related to the business of selling
and/or showing of the referenced property. In addition, no person(s), other than the resident(s) shall be
directly or indirectly involved on the premises as a real estate sales person, and/or a mortgage broker or
acting as a general office employee.
Item #2.
The home business occupation shall be operated exclusively within the enclosed portion of the structure
and shall not exceed twenty five (25) percent of the total area of the structure.
Item #3.
All unused and/or excess office equipment such as, but not limited to, desks, chairs, copiers, fax machine,
supplies, file cabinets, phones, etc., shall be removed from all locations other than the area chosen as the
office area, including the garage. Any and/all storage of office equipment shall be limited to being stored
off the premises or the northern area of the garage or any interior area of the dwelling. Regardless of the
storage location selected, all stored office equipment shall be stored in such a manner as to render said
equipment unusable, at that location, at all times during the storage duration.
In the event that the north side of the garage area is the selected office location, then it shall be mandatory
that the vehicle access garage door remain closed at all times while the office is being utilized as such, and
the ingress and egress of prospective home buyers, interested exclusively in the Eisenhower property, shall
be limited to the dwelling entry door.
Regardless of the type of use that may be applied to the north section of the garage area, the primary
garage area shall be maintained with a full twenty (20) feet by twenty (20) feet net clear area at all times
to allow the parking and/or storage of vehicles.
Item #4.
A. Original and legal documents shall be provided to the City in order to determine actual legal
occupancy of the referenced dwelling.
In order to determine legal occupancy, the City requires a written agreement and/or contract,
signed and .dated by the property owner of record which would clearly indicate that said property
owner agrees with the proposed use of the property as a business location as proposed by Mr.
Buffin. An agreement and/or contract, as requested, written and/or issued by a person with a legal
power of attorney giving undisputed authority to act in this manner pertaining to the referenced
property will suffice.
B. In the event that Mr. Buffin is a sublessee of the property and the property is primarily rented
and/or leased to another (second) party as has been stated by Mr. Buffin, then the agreement
between the owner of record and the first and/or primary renter/lessee shall also be provided to
the City indicating approval of a sublease and that the owner of record approves of the business
activity that Mr. Buffin has proposed.
C. Due to the fact that Cecelia Mohseninia has indicated that she is co-habitating with Mr. Buffin
at the Eisenhower location, and is assisting Mr. Buffin in his real estate/broker business, the City
will require that Ms. Mohseninia show proof of residency at the Eisenhower location.
Item #5.
It has been noted that Mr. Buffin has stated that Ms. Mohseninia will be assisting him in his real
estate/broker business at the referenced location and that she is a licensed real estate agent for the State
of California. Based on that statement, Ms. Mohseninia must provide the City will verifiable
documentation as to her current State License status and in addition, Ms. Mohseninia must obtain a City
business license as an independent real estate agent pursuant to La Quinta Municipal Code requirements.
Item #6.
All pictures, pamphlets, and brochures related to current real estate sales activity, custom homes built to
suit designs, shall be removed from all locations except the selected internal office area. However, Mr.
Buffin shall be allowed to have on the garage wall pictures not listed above. None of these pictures may
make reference of any kind to marketability. Additionally, all signage related to real estate shall be stored,
at all times, out of sight in the garage and behind the partitions at the north side of the garage and
completely out of public view. The City shall maintain the right to have access, without notice to the edge
of the garage. Further, Mr. Buffin may have walk in persons regarding the open house at 51-340
Eisenhower Drive, but no other customers or business with the public may be conducted. The single
exception shall be that Mr. Buffin, while in the process of showing properties at locations other than the
property at 51-340 Eisenhower Drive, may return to referenced Eisenhower property for the limited
purpose of showing those interested individuals other listings of properties. However, all signing of
documents regarding the sale and/or transfer of any interest in real estate properties shall be done at a
location other than
the referenced Eisenhower location.
The purpose of these requirements is based on the fact that the referenced property is advertised as an
open house and will generate foot traffic from the general public. In addition, City Home Occupation
Requirements prohibit a home business that is open to the general public and prohibits all activity
involving and including sales except mail order sales. Due to the fact that Mr. Buffin is requesting to
operate a real estate sales and broker business from the same location as an open house, this restriction
would, in effect maintain the purpose and intent of a home occupation.
Item #7.
The residence at 51340 Eisenhower Drive, when advertised, in any fashion, by Mr. Buffin as being an
open house shall be subjected to the regulations pursuant to La Quinta Municipal Code Section 9.212.100,
'subsection 9, specifically, the open house sign is to be displayed during daylight hours only and only
when a realtor, seller or agent is in attendance at that the property. However, if the signage, as mentioned
is displayed when a Realtor, Seller or Agent is not in attendance then the referenced property must be
secured.
Based on code requirements as well as common sense, the City feels that enforcement of the
aforementioned regulations is self explanatory in that it greatly reduces the invitation of residential crime
such as burglary, home intrusion, petty theft and vandalism. The City feels that it has an obligation to the
community to decrease and/or prevent such crimes from occurring by the enforcement of these as well
as other pertinent regulations.
Item #8.
In the event that the dwelling is deleted from Mr. Buffin's open house curriculum, at any point in time, and
in the event that the City, acting either on a registered complaint and/or determined through other means,
that there is reasonable cause to believe that a violation or violations exist, with a twenty-four (24) hour
notice, Monday through Friday, between the hours of 10:00 a.m. and 5:00' p.m., may enter onto the
property to inspect the dwelling for compliance to all Municipal Code requirements pursuant to Municipal
Code section 11.72.040 allowing the right of entry based on the belief that a public nuisance exists in
reference and subsequent to the requirements of La Quinta Municipal Code section 1.01.250, subsections
A & B.
Notification of inspection shall be by attachment of a Notice Of Intent to the front door and/or, Personal
Service.
Failure to comply with any and/or all of the above conditions will be a default of this agreement and the Home
Occupation Permit. A default will result in revocation of the Home Occupation Permit. Further, any failure to
revoke the Home Occupation Permit for any default will not constitute a waiver of that default or any other
default, condition or special condition.
City of La Quinta
RECEIPT City of La Quinta, 78-495 Calle Tampico, P.//O. Box 1504, La Quinta CA 92253
DATE /Y '19 T N6.091 2
RECEIVED FROM
ADDRESS 0
DOLLARS $
FOR
ACCOUNT HOW PAID
AMT. OF C
ACCOUNT
AMT. PAID PRDER97
BY
DUE
1 0
- BUS. LIC. NO.
-� �- 19USf1ESMS ICENSE APPLICATION FORM
�FyOFTNt�,
*APPROVED BY
p * DATE
s.
5.
IS THIS BUSINESS LOCATED AT YOUR HOME: YES X NO
'Business Name:
Business Address -51-340 Eisenhower'Dr.
4. Mailing Address:P'O Box 134
La Qunta. CA 92.253 La Quinta CA 92253
Business Phone: .( 619 ) 564-8470 7�--//Z3 —�
6. Owned By: CORPORATION PARTNERSHIP \INDIVIDU
7. If -Corporation or Partnership: TAX I.D.#
8. If Individual Owner: Social Security #$�
•. Name of Owner yn L� cd1A' Ale HSEN/-NjATitle: wR.�EragPnt
Or Officers
10. Type of Business: Real Estate S q06S
11. IF YOU ARE A FOOD VENDOR, DO YOU HAVE A COUNTY HEALTH PERMIT:
YES NO
12. SBEResale Number:
13. BUSINESS LOCATED WITHIN THE CITY OF LA QUINTA (Does Not Apply To Building
Contractors):
A. Estimated Gross Business Receipts for New Businesses Only :
$ 25,000-00
B. Previous Year Gross Receipts for Established Businesses: �I
***********GOOD ONLY FOR JANUARY 1, 1995 THRU DECEMBER 31, 1995**********
I HEREBY CERTIFY that all the information supplied by me is correct and any
licenses required byt e County, State or Federal Government have been issued
o me and ar in 1 orce and effect.
Siqnature t rit1e D to
Send Completed Form To:
CITY OF LA QUINTA
BUSINESS LICENSE DIVISION
78-495 Calle Tampico
P. 0. Box 1504
La Quinta, CA 92253
IDENTIFICATION NUMBER TYPE ISSUANCE RATE E%Pt`ATION DATE
01089704 SALESPERSON 09/29/94 09/28/98
STATE OF CAUFORNIA
DEPARTMENT OF REAL ESTATE LICENSE CERTIFICATE
ENTER SRCKER NAME & ADDRESS BELOW:
Re/Max Vision
81-730 Hwy. 111 Ste. 9
Indio, Ca. 92201
LICE74SU NAME A.KD MAKING AODRESS
Power Brokers
Thomas Buffin & Assoc..
KOHSENI�f+IA. CECILIA 77836 Ave Montezuma
PO SOX 28.46 P.O Box 134
RANCHO MIRAGE CA 52270 La Quinra CA 92253
T4tyl 4 4Qumrw
78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000
FAX (619) 777-7101
Every employer who applies for any license or a renewal of any
license for a business issued pursuant to Section 37101 of the
Government Code or Section 7284 of the Revenue and Taxation Code.
shall complete and sign a declaration that states the following:
WORKER'S COMPENSATION DECLARATION
I hereby affirm under penalty of perjury, one of the following
declaration:
I have and will maintain a certificate of consent' to self -
insure for worker's compensation, as provided by Section 3700 for
the duration of any business activities conducted for which this
license is issued.
• I have and will maintain worker's compensation insurance, as
required by Section 3700 for the duration of any business
activities conducted for which this license is issued.
My worker's compensation insurance carrier and policy number:
Carrier:
Policy Number:
A "COPY" OF THE POLICY SHOWING THE AMOUNT OF COVERAGE AND
EXPIRATION DATE FOR WORKMEN'S COMPENSATION IS REQUIRED TO PROCESS
THIS APPILTCATION.
I certify that in the performance of any business activities
for which this license is issued I shall not employ any person.in
any manner so as to become subject to the worker's compensation
laws of California, and agree that if I.sho ld become s bjec o
the worker's omp nsatio provisions of Sec ion 3700.
l
Date: y Applicant:
WARNING: F ilure to secure workman's compensation co erage is
unlawful, and shall subject an employer to criminal pen lties and
civic fines up to $100.,000. In addition to the cost of
compensation, damages as provided for in Section 3706 of the Labor
• Code, interest, and attorney's fees.
bus.fac
MAILING ADDRESS'- P.O. BOX 1504 - LA ' QUINTA, CALIFORNIA 92253 �`,