HomeMy WebLinkAbout2024-05-23 BBA Regular Meeting Minutes
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BUILDING BOARD OF APPEALS
CITY OF PALM DESERT
REGULAR MEETING MINUTES
May 23, 2024, 8:00 a.m.
Present: Member Joseph Gaugush, Member John Greenwood, Member
Lindsay Holt*, Member Nicholas Latkovic, Member Allan Levin
* Board Member Holt arrived at 8:06 a.m.
Staff: City Clerk Anthony Mejia, Deputy City Clerk Michelle Nance
1. CALL TO ORDER
A Regular Meeting of the Building Board of Appeals was called to order by City Clerk
Mejia on May 23, 2024, at 8 a.m. in the Administrative Conference Room, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
3. NOMINATION OF CHAIR AND VICE CHAIR
3.a APPOINTMENT OF THE BUILDING BOARD OF APPEALS CHAIRPERSON
AND VICE CHAIRPERSON
Motion by: Member Gaugush
Seconded by: Member Latkovic
Appoint John Greenwood to serve as the Chairperson.
Motion Carried (4 to 0)
Motion by: Member Gaugush
Seconded by: Member Latkovic
Appoint Allan Levin to serve as the Vice Chairperson.
Motion Carried (4 to 0)
4. NON-AGENDA PUBLIC COMMENTS
None.
5. APPEAL HEARING
Board Member Holt arrived at this time.
5.a APPEAL OF THE CHIEF BUILDING OFFICIAL’S APPLICATION OF THE 2022
CALIFORNIA RESIDENTIAL CODE, SECTION R310.1 (EMERGENCY
ESCAPE AND RESCUE)
Chair Greenwood opened the appeal hearing.
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Chief Building Official Finley narrated a PowerPoint presentation, summarizing
the application of the 2022 California Residential Code, Section R310.1
(Emergency Escape and Rescue) concluding that a den can be counted as a
sleeping room for purposes of a short-term rental.
Carrie Kropfl, the Appellant, asserted that the den should be counted as a
sleeping room; stated that the Monterey Country Club staff advised if a den has
two egress options, including a skylight, then a den can be used as a bedroom;
noted that the developer’s marketing materials identified the den as a bedroom;
pointed out that the Monterey Country Club’s leasing and sales office continues
to market the dens as bedrooms; noted that the den has a sliding door onto the
atrium with access via another sliding door to the living room/kitchen which has
multiple emergency egress options; expressed concern that the reduced
occupancy will result in a loss of revenue and will impact her family’s retirement
plans; discussed six steps City staff should take to inform residents and the
Homeowner Associations of the interpretation regarding use of dens as
bedrooms, including issuance of cease and desist orders.
Kelli Haakenson, representing the Appellant, advised that she was the
appellant’s real estate agent for the purchase of the subject property; advised
that the property was marketed as a three bedroom, two bathroom unit;
distributed an active listing also marketing another two bedroom unit with a den
as a three bedroom unit; opined that it is unreasonable to expect home buyers to
conduct due diligence to the point of verifying the applicability of 1970s Building
Codes; asserted that the City is acting in a discriminatory manner towards short-
term rentals, noting that the City does not enforce the same requirements on
long-term rentals; advised that a contractor provided an estimate to bring the unit
up to code as a three bedroom would cost $250,000 -300,000.
Brad Anderson, Rancho Mirage resident, spoke in support of the Appellant and
provided a written statement.
Dylan Gunzel, Attorney representing the City, stated although the City previously
issued a short-term rental permit for three bedrooms in error, Section 1.01.080 of
the Palm Desert Municipal Code states that past actions do not waive the
applicability of the code in the future; noted that the City is not a party to any
misrepresentation that may have occurred when the property was purchased;
pointed out that the same egress requirements for sleeping rooms existing in the
1976 Uniform Building Code as it does in the 2022 California Residential Code.
Kelli Haakenson, representing the Appellant, questioned whether the Monterey
Country Club had ever experienced a fire in which egress through the atrium
created a dangerous situation or resulted in loss of life.
In response, Board Member Gaugush stated that whether any previous fires
resulted in a loss of life is not relevant and that it would be tragic if the appellant
were to be involved in a fire where her family or tenants could not escape.
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Board Member Holt questioned whether City staff has taken any action to inform
the Monterey Country Club regarding the use of dens as sleeping rooms. In
response, Development Services Director Cannone advised that staff recently
met with the Executive Board of the Monterey Country Club and made them
aware of the situation and enforcement.
In response to Board inquiry, City Clerk Mejia confirmed that the Board's decision
is appealable to the City Council.
Chair Greenwood closed the appeal hearing, there being no other members of
the public wishing to speak.
During the course of deliberations, individual Board Members noted that the 1976
Uniform Building Code and the 2022 California Residential Code remain
unchanged as to the required emergency escape and rescue for sleeping rooms.
Motion by: Board Member Levin
Seconded by: Board Member Gaugush
To adopt Resolution No. BBA 2024-01 entitled “A RESOLUTION OF THE
BUILDING BOARD OF APPEALS OF THE CITY OF PALM DESERT,
CALIFORNIA, UPHOLDING THE CHIEF BUILDING OFFICIAL’S
DETERMINATION THAT A DEN AT 239 SERENA DRIVE, PALM DESERT,
CALIFORNIA, CANNOT BE USED AS A SLEEPING ROOM AND MAKING
FINDINGS IN SUPPORT THEREOF.”
Motion Carried (5 to 0)
6. ADJOURNMENT
The Building Board of Appeals adjourned at 8:57 a.m.
_____________________________
Michelle Nance, Deputy City Clerk
Recording Secretary
_____________________________
Anthony J. Mejia
City Clerk
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