HomeMy WebLinkAboutBBA-2024-01RESOLUTION NO. BBA-2024-01
A RESOLUTION OF THE BUILDING BOARD OF APPEALS OF THE CITY
OF PALM DESERT, CALIFORNIA, UPHOLDING THE CHIEF BUILDING
OFFICIALS’ DETERMINATION THAT DEN AT 239 SERENA DRIVE, PALM
DESERT, CALIFORNIA CAN NOT BE USED AS A SLEEPING ROOM AND
MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, On February 27, 2024, the Chief Building Official provided Ms. Carrie
Kropfl, Applicant, correspondence that the use of the den at 239 Serena Drive,
Palm Desert, could not be used as a sleeping room; and
WHEREAS, On March 25, 2024, the Development Services Director, in
accordance with Palm Desert Municipal Code 2.72.020 provided a Written Determination
to Ms. Carrie Kropfl, Applicant, that a living room cannot count as a bedroom for purposes
of a short-term rental unit and the den could not be used as a sleeping room; and
WHEREAS, On April 4, 2024, Mr. Shaun Murphy, Esq., on behalf of the Applicant
filed an appeal of the Chief Building Official’s determination that the den at 239 Serena Drive,
Palm Desert could not be used as a bedroom for purposes of a short-term rental unit; and
WHEREAS, on May 23, 2024, the Building Board of Appeals conducted a hearing to
consider the Applicant’s appeal, and duly considered all evidence, testimony of the applicant
and interested parties, and the evaluation and recommendation by staff, at said hearing; and
WHEREAS, notices of said hearing were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Building Board of Appeals of the
City of Palm Desert as follows:
SECTION 1. RECITALS. That the foregoing recitals are true and correct and are
incorporated herein as substantive findings of this Resolution.
SECTION 2. FINDINGS. The findings for confirmation and support of the Chief
Building Official determination are hereby adopted as follows:
1. 2022 California Residential Code, Section R310.1 establishes the minimum
requirements for emergency escape and rescue for a sleeping room.
2. The original permitted and approved construction plans identify the room
attached to atrium at 239 Serena Drive, Palm Desert as a “De n” and not a
sleeping room.
3. A letter of correspondence from the International Conference of Building
Officials concluding the lack of required emergency egress in rooms attached
to atriums cannot considered a bedroom.
4. A letter of correspondence from the original developer admonishing the use of
the den as a bedroom.
DocuSign Envelope ID: 5937E003-9137-4B55-86DF-F1163EEB9754
Resolution No. 2024- BBA-2024-001 Page 2
SECTION 3. ACTION. Based on the evidence and testimony presented, and the
findings contained in Section 2, the Building Board of Appeals does hereby deny the
subject appeal filed by Mr. Shaun Murphy, Esq., and upholds the Chief Building Official’s
determination that a Den at 239 Serena Drive, Palm Desert, cannot be used as a sleeping
room for purposes of a short-term rental unit.
ADOPTED ON MAY 23, 2024.
__________________________________
JOHN GREENWOOD
CHAIR, BUILDING BOARD OF APPEALS
ATTEST:
__________________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. BBA-2024-01 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the Building Board of Appeals of the City of Palm Desert on May 23,
2024, by the following vote:
AYES: HOLT, GAUGUSH, LATKOVIC, LEVIN, AND GREENWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
__________________________________
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: 5937E003-9137-4B55-86DF-F1163EEB9754
5/24/2024