HomeMy WebLinkAboutRes 2024-089RESOLUTION NO. 2024-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING
HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT
PROCESS
WHEREAS, the City of Palm Desert (“City”) is governed, in part, by its Charter, Municipal
Code, and adopted City Council Policies; and
WHEREAS, Homeowner Associations (HOAs) are set up in many areas of the City to
provide for such things as common area maintenance and improvements, control of individual
exterior improvements, and to provide consistency with the Covenants, Conditions & Restrictions
(CC&Rs); and
WHEREAS, the CC&Rs were set up when the subdivision first developed and provide
guidelines to ensure that certain standards such as paint color, roof composition, and
architectural and landscape treatment are continually met, and
WHEREAS, the City supports the many HOAs and seeks to establish uniform guidelines
to notify HOAs that certain building permits have been applied for, if an HOA approval is not
submitted with the building permit; and
WHEREAS, the City Council of the City of Palm Desert, California, on December 12,
2024, considered adopting a policy for notifying homeowner associations as part of the building
permit process; and
WHEREAS, the City Council of the City of Palm Desert, California, has determined that
the proposed policy, is consistent with the General Plan and applicable state law; and
WHEREAS, the intent of this policy is to supplement, but not supersede, any existing laws
or policies on this subject matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California as follows:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The City Council hereby adopts Policy No. CC DS-001, a Policy for
Homeowner Association Notification attached hereto as Exhibit “A”.
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Resolution No. 2024-089 Page 2
ADOPTED ON DECEMBER 12, 2024.
________________________________
JAN C. HARNIK
MAYOR
ATTEST:
__________________________________
ANTHONY J. MEIJA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution
No. 2024-089 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 December 12, 2024, by the following vote:
AYES: NESTANDE, PRADETTO, TRUBEE, AND HARNIK
NOES: NONE
ABSENT: QUINTANILLA
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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12/13/2024
Resolution No. 2024-089 Page 3
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
Subject Homeowner Association Involvement - Building Permit
Process
Policy No. CC DS - 001
Date Issued: December 12, 2024
Approved by Resolution No. 2024-089
Authored by Richard D. Cannone, AICP, Director
I. Intent
It is the intent of this policy to facilitate understanding of the need for homeowner association
(HOA) approvals and establish the process by which these approvals must be obtained when
they are not included with a building permit application. The City, through its planning approval
process, establishes and reviews development covenants, conditions and restrictions (CC&R's).
Many of the development requirements are incorporated into the various land use and zoning
codes, architectural controls and CC&R's.
It should be clear that our role as Staff is to support the HOA. Given this understanding, the following
policy guidelines are established in conjunction with the need for HOA approval.
This policy is meant to supplement, but not supersede, any existing laws or policies on this
subject matter. This policy is a fluid document that may be updated and revised, from time-to-
time as needed, to adapt to the needs of both the community and the City.
II. Policy
A. If it is determined that a building permit application is subject to HOA approval and HOA
approval was not included as part of the application, it will be checked against the latest copy
of the HOA boundary map maintained by the Planning Division to determine if the property
listed on the application is located within an HOA boundary.
B. If it is determined that HOA approval is required, Staff shall do the following:
1. Notify the HOA immediately in writing, by filling out and sending the attached form, that
an application has been submitted.
2. If there is no resolution of the issue(s), the permit shall be issued thirty (30) days from the
date the HOA was notified. This 30-day period is to permit time for the Applicant or HOA
to resolve issues or allow time for the HOA to take any actions required should resolution
not be achieved.
3. Should an HOA representative contact Development Services Staff either verbally or in
writing, Staff will contact the Applicant and inform them of the HOA's concerns and
strongly encourage the Applicant to work out any concerns with the HOA.
C. The letter from the HOA must, at a minimum, be dated and signed by an authorized
representative of the HOA’s board, such as the President, Vice President, Architectural
Exhibit “A”
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Resolution No. 2024-089 Page 4
Committee President and/or Landscape Committee President. Specific reference should be
made to the plans and date of plans, to avoid misunderstanding should a revised set be
submitted.
As board members change quite frequently and official letterhead is not always available, Staff
shall do its best to ascertain authenticity of the approval letters, such as checking against latest
City HOA listing. Beyond this, the City is not in a position to track and maintain lists of each
authorized HOA representative and therefore accepts the written representations supplied by
the Applicant.
D. Plan revisions shall be at the judgment of the plan reviewer if further HOA approval is needed.
Generally, only major revisions or revisions that would change approved construction materials
or aesthetic treatment need to be resubmitted by the Applicant for HOA approval.
E. The City’s request for HOA approval as part of a building permit application does not supersede
any requirements set forth in any applicable Municipal Code section, General Plan, Building
Code standards, or state law. Lack of HOA approval will not necessarily result in rejection of
the permit application.
III. Exemptions
The following building permit applications shall be exempt from this policy:
Any interior modifications to habitable structures that do not have an impact on the
structures' exteriors (except for shared-wall units).
Accessory Dwelling Units
Solar Panels or battery storage
HVAC Replacement (Existing location only)
Electrical Panel upgrades
Water Heater Replacement (Existing locations only)
IV. Appeals
This policy, and any decisions made thereunder, shall be appealable to the City Manager.
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SAMPLE "A"
[DATE]
TO:
ATTN: HOA Representative(s)
SUBJECT: Permit Application No.:
Address:
The Applicant, [NAME], has applied to the City of Palm Desert Building Division to install the below-
described improvements. The City will hold the permit application until [MONTH/DAY] , [YEAR]
(30 days from the date of this notice), to permit the Homeowners Association to resolve any outstanding
issues. Should the issues not be resolved by the above date, a permit will be issued on,
[MONTH/DAY], [YEAR] (30 days from the above date). If you have concerns, please contact the
Building Division.
PROPOSED WORK:
__________________________________
[STAFF NAME/PHONE NUMBER/EMAIL]
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SAMPLE "B"
DO YOU NEED HOMEOWNER ASSOCIATION APPROVAL?
Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things
as common area maintenance and improvements, control of individual exterior improvements, and
to provide consistency with applicable Covenants, Conditions & Restrictions (CC&Rs). The
CC&Rs were set up when the subdivision was first developed and provide guidelines to ensure
that certain standards are continually met. Depending on the area in which you live, these standards
can control the color of your unit, roof composition, architectural and landscape treatment, parking,
etc. Consequently, the City supports the many HOAs and requires, in many instances as discussed
below, HOA approval prior to City issuance of permits.
When is HOA approval needed?
You need HOA approval whenever you live in an area controlled by a HOA and you are planning
to do work that may change or modify exterior architecture, color, landscape, etc.
When is HOA approval not needed?
Generally, HOA approval is not required when you are doing any of the following:
Any interior modifications to habitable structures that do not have an impact on the
structures' exteriors (except shared-wall units).
Accessory Dwelling Units
Solar Panels or battery storage
HVAC Replacement (Existing location only)
Electrical Panel upgrades
Water Heater Replacement (Existing locations only)
What do I have to submit to the City?
If HOA approval is required, you must submit a letter from your board, signed by an authorized
representative, approving the changes you are proposing.
What if I cannot get HOA approval?
If you cannot obtain approval, the City will notify the HOA board and withhold permit issuance
for thirty (30) days to allow the HOA time for input.
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