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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 tw � � �tuy al: �'QcciKfW 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 �`,