HomeMy WebLinkAboutRes 2024-044RESOLUTION NO. 2024-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPHOLDING THE BUILDING BOARD OF
APPEALS DETERMINATION FOR 239 SERENA DRIVE, PALM DESERT,
CALIFORNIA, FOR THE USE OF THE DEN AS A SLEEPING ROOM AND
MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, On March 25, 2024, the Director of Development Services provided a
letter of determination to the property owner of 239 Serena Drive, Palm Desert, outlining
the uses of the bedrooms and living areas related to the Short -Term Rental program and
upholding the Chief Building Official’s determination on the use of the den as a sleeping
room was not allowed, and
WHEREAS, On April 4, 2024, an appeal was filed by Mr. Shaun Murphy, of Slovak
Brown Empey Murphy & Pinkney LLP, on behalf of the property owner on whether the
property at 239 Serena Drive, Palm Desert may continue to use the third bedroom (den)
for short-term rentals, and
WHEREAS, On May 24, 2024, the City of Palm Desert convened the Building Board
of Appeals to hear an appeal of the Chief Building Official’s determination and application
of the California Residential Code prohibiting the use of a den as a sleeping room at 239
Serena Drive, Monterey Country Club, and
WHEREAS, The Building Board of Appeals hearing and weighing all testimony and
evidence unanimously upheld the Chief Building Official’s determination that the 2022
California Residential Code, Section R310.1 (Emergency Egress and Rescue) was applied
correctly in determining the den at 239 Serena Drive, Monterey Country Club, Palm Desert
could not be used as a sleeping room, 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 City Council 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 Building
Board of Appeals on the Chief Building Official determination are hereby adopted as
follows:
1. The original permitted construction plans identified 239 Serena Drive as a Plan 300
model and were approved by the City of Palm Desert (circa 1978 to 1981) as a den.
2. The minimum code requirements of the Uniform Building Codes (1976, et al) –
Sections 1404 and Chapter 33 are unchanged and are still required in the 2022
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Resolution No. 2024-044 Page 2
California Residential Code, Section R310.1, for emergency escape and rescue
from a sleeping room in a single-family residence.
3. The clarifying documentation from the International Conference of Building Officials
(1979) and the developer, Sunrise Company (1981), supports the Bu ilding Official’s
determination that the den was neither intended nor designed as a sleeping room.
SECTION 3. ACTION. Based on the evidence and testimony presented, and the
findings contained in Section 2, the City Council does hereby deny the subject appeal
filed by Carrie Kropfl and upholds the Building Board of Appeals determination that 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 JUNE 27, 2024.
ATTEST: KARINA QUINTANILLA
MAYOR
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-044 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on June 27, 2024, by the
following vote:
AYES: HARNIK, KELLY, TRUBEE, AND QUINTANILLA
NOES: NESTANDE
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
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6/28/2024