GERALD FORD DR
TAMARISK ROW DR
OASIS CLUB DR
ELDORADO DR
PITAHAYA ST
COOK ST
TOWN CENTER
WAY
SHA D O W MOUNTAIN DR
42ND AVE
FRANK SINATRA DR
FRED WARING DR
WASHINGTON ST
WARNER TR
MAGN L
ESIA FALLS DR
HOVLEY LN W
COOK ST
FRED WARING DR
EL PASEO
HAYSTACK RD
HOVLEY LN E
PORTOLA AVE PORTOLA AVE
VARNER RD
FRED WARING DR
ELDORADO
DR
MILES AVE
FRANK SINATRA DR
GERALD
F O R D D R GERALD FORD
DR
COOK ST
COUNTRY CLUB DR
PORTOLA AVE
VARNER RD
FRED WARING DR
PORTOLA AVE
COOK ST
MONTEREY AVE
HOVLEY LN E
VARNER RD
ELDORADO DR
FRANK SINATRA DR
COOK ST
HOVLEY LN E
HOVLEY LN E
MERLE DR
PORTOLA
AVE
MONTEREY AVE
DINAH SHORE DR
ECLECTIC
ST
MONTEREY AVE
CORPORATE
WAY
CALIFORNIA AVE
AVENUE
OF THE
STATES
TENNESSEE
AVE KANSAS
ST
RUTLEDGE WAY
SAN PASCUAL AVE
PARK VIEW DR
FAIRWAY DR
SAN PABLO AVE
DE ANZA WAY
ALESSANDRO DR
DEEP CANYON RD
SAN GORGONIO WAY
CALLE DE
LOS CAMPESINOS
SAN LUIS
REY AVE
COUNTRY CLUB DR COUNTRY CLUB DR
HARRIS
LN
HWY 111
WASHINGTON ST
BAD No. 1
WARING COURT PARKWAYS
THE GROVE
PARKWAYS
PORTOLA
PLACE
PARKWAYS
PALM GATE
PARKWAYS
CANYON CREST
PRIMROSE II PARKWAYS
DESERT MIRAGE PARKWAY
AND ENTRANCE ISLANDS
COLLEGE
VIEW ESTATES
I PARKWAYS
COLLEGE VIEW II
PARKWAYS
SUNDANCE WEST PARKWAYS
SUNDANCE EAST PARKWAYS
PETUNIA I PARKWAYS
BOULDERS PARKWAYS
KAUFMAN AND BROAD
DEVELOPMENT PARKWAYS
PALM DESERT
CC PERIMETER
LANDSCAPE
PRESIDENT'S PLAZA I
PRESIDENT'S PLAZA II
PRESIDENT'S PLAZA III
THE GLEN PARKWAY
MONTEREYMEADOWS
PARKWAY
SONATA II PARKWAY
HOVLEY ESTATES PARKWAY
HOVLEY
COLLECTION
PARKWAY
HOVLEY
COURT WEST
PARKWAY
SONATA I PARKWAY
DIAMONDBACK
PARKWAY
LA PALOMA II PARKWAY
LA PALOMA I PARKWAY
SANDPIPER
CT WEST
PARKWAY
LA PALOMA III PARKWAY
SANDPIPER CT PARKWAY
PALM COURT PARKWAY
VINEYARDS
PARKWAYS
Consolidated Palm Desert
Landscape & Lighting
District No. 1
City Boundary
PAG
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242
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 9, 2024
PREPARED BY: Chris Gerry, Project Manager
REQUEST: APPROVE THE START OF PROCEEDINGS TO LEVY THE ANNUAL
ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT
DISTRICT NO. 1 FOR FISCAL YEAR 2024-25
RECOMMENDATION:
1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR PLAM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEARS 2024/2025.”
2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 AND APPOINTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS.”
3. Set a public hearing to be held at the City Council meeting of June 27, 2024, at 4 p.m.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) Benefit Assessment District No. 1 was formed to assess property owners for the maintenance of the drainage system within Section 29. It was formed pursuant to state law, and maximum levy amounts were established at that time. Each parcel is assessed based on a weighted measure of apportionment known as Equivalent Benefit Unit (EBU), which may take into consideration land use, development status, size of the property, location of the property, development plans or restrictions, vehicular trip generation, street frontage, densities, or other property-related factors. The full levy amount of $574.02 per EBU is being proposed for Fiscal Year 2024-25. BAD No. 1 Street boundaries are found in the Engineer’s Report (page 12).
Staff recommends the City Council declare its intention to levy the full assessment and to set the public hearing date for June 27, 2024, pursuant to state law.
FINANCIAL IMPACT:
The assessment and collection of the full levy amount covers the ongoing maintenance of the Section 29 retention basin, a potential expansion, and associated administrative costs.
ATTACHMENTS:
1. Resolution (Initiate Proceedings)
2. Resolution (Intent to Levy)
3. 2024-25 Engineer’s Report
243
244
RESOLUTION NO. 2024-____
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025
The City Council of the City of Palm Desert (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council, by previous action and resolution, formed the ”Palm Desert Benefit Assessment District No. 1” (hereafter referred to as the “District”), pursuant to the Benefit Assessment Act of 1982, chapter 6.45, division 2, title 5 of the Government Code of the State of California, commencing with section 54703 (hereafter referred to as the “Act”), that provides for the collection of assessments by the County of Riverside on behalf of the City of Palm Desert to pay for the maintenance, operation, and services of improvements related thereto; and,
WHEREAS, the City Council desires to initiate proceedings for the levy and collection of annual assessments for the fiscal year 2024/2025 for the maintenance, operation, and servicing of the drainage basin and facilities that provide benefit to the property within the District pursuant of the provisions of the Act; and, WHEREAS, the City has retained Willdan Financial Services for the purpose of assisting with the annual levy of the District, including the preparation and filing of an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) with the city clerk, in accordance with the provisions of the Act.
NOW, THEREFORE, LET IT BE RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Order. The City Council hereby orders Willdan Financial Services for the purpose of assisting with the annual levy of the District, including the preparation and filing of the Report with the city clerk, in accordance with the provisions of the Act.
Section 3. Purpose of District. The purpose of this District is to fund the activities necessary to operate, maintain, and serve the drainage basin constructed in a portion of Section 29, Township 4 South, Range 6, East SBM and to be enlarged in connection with current and new development of properties.
The maintenance, operation, and servicing of these improvements may include, but are not limited to, all materials, equipment, labor and incidental expenses deemed necessary to keep the drainage basin in satisfactory condition. The Report will provide a more detailed description of the improvements and services that the District provides and will describe any 245
RESOLUTION NO. 2024-____
2 new improvements or substantial changes of the improvements for which properties are assessed.
Section 4. Necessity for Levy and Collection of Assessments. The City Council hereby determines that to provide the improvements generally described in section 3 of this resolution and shown, in detail, in the Report, it is necessary to levy and collect assessments within the District for fiscal year 2024/2025 and that such improvements will be outlined and described in the Report and imposed, pursuant to the provisions of the Act and the requirements of California Constitution articles XIII C and XIII D.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
________________________________
KARINA QUINTANILLA, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
__________________________________
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
246
RESOLUTION NO. 2024-____
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 AND
APPOINTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE
MATTERS
The City Council of the City of Palm Desert, California (hereafter referred to as the “City Council”), does resolve as follows:
WHEREAS, the City Council, by previous action and resolution, formed the “Palm Desert Benefit Assessment District No. 1” (hereafter referred to as the “District”), pursuant to the Benefit Assessment Act of 1982, chapter 6.4, division 2, title 5 of the Government Code of the State of California, commencing with section 54703 (hereafter referred to as the “Act”), for purpose of levying annual assessments upon benefiting properties within the District for the maintenance, operation, and servicing of drainage basin and facilities related thereto; and,
WHEREAS, an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) was prepared, filed, and approved by the City Council in connection with the District and the levy of assessments, pursuant to section 54716 of the Act; and, WHEREAS, the City Council conducted property owner protest proceedings relating to the improvements and services described in the Report, the levy and collection of annual assessments, and an assessment range formula related thereto, in accordance with the provisions of California Constitution article XIIII D; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF PALM DESERT, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. Intention. The City Council hereby declares its intention to seek the annual levy of the District assessments pursuant to the Act, over and including the land within the District boundaries to pay the costs of the operation, maintenance, and servicing of the drainage basin and improvements and expenses related thereto for fiscal year 2024/2025.
Section 2. Boundaries. The boundaries of the District are described in the Report and include the parcels within the District at the time of this resolution of intention and are identified on the Riverside County Assessor’s Secured Roll, as of June 2007, and on the Assessor’s Parcel Map.
Section 3. Notice of Public Hearing. Notice is hereby given that a public hearing on these matters will be held on Thursday, June 27, 2024, at 4:00 p.m., or as soon thereafter as feasible, at City Hall (in the City Council Chambers), 247
RESOLUTION NO. 2024-____
2 which is located at 73-510 Fred Waring Drive, Palm Desert, California. At the public hearing, all interested persons shall be afforded the opportunity to hear and to be heard.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on the day of , 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
KARINA QUINTANILLA, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
248
27368 Via Industria
Suite 200
Temecula, California 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
City of Palm Desert
Benefit Assessment District No. 1
2024/2025 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 9, 2024
Public Hearing: June 27, 2024
249
ENGINEER'S REPORT AFFIDAVIT
Benefit Assessment District No.1
The District includes parcels of land within the subdivisions know as Parcel Map No. 24255 (Monterey 170)/
Assessment District 2004-02 (Section 29)
City of Palm Desert,
County of Riverside, State of California
This Report and the enclosed budget, assessments, descriptions and diagrams describe the Benefit Assessment District No.1, and include each lot, parcel, and subdivision of land within the District, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2024.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Palm Desert
By: ________________________________
Daniel Louie, Project Manager
District Administrative Services
By: ________________________________
Tyrone Peter
P.E. # C 81888
250
TABLE OF CONTENTS
INTRODUCTION............................................................................... 1 PART I — PLANS AND SPECIFICATIONS ..................................... 3 A. Benefiting Properties within the District..............................................3 B. Funding authorized by the 1982 Act.....................................................3 C. Description of Services .........................................................................4 PART II — METHOD OF APPORTIONMENT .................................. 5 A. General ..........................................................................................................................5 B. Benefit Analysis.........................................................................................................6 C. Assessment Methodology.....................................................................................6 D. Assessment Range Formula................................................................................8 PART III — DISTRICT BUDGET..................................................... 10 PART IV — DISTRICT DIAGRAMS................................................ 11 PART V — ASSESSMENT ROLL .................................................. 13 251
2024/2025 Benefit Assessment District No. 1 Page 1
INTRODUCTION
Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Palm Desert, County of Riverside, State of California (hereafter referred to as “City”), proposes to levy special benefit assessments for the district designated as:
City of Palm Desert Benefit Assessment District No. 1
Benefit Assessment District No. 1 (hereafter referred to as “District”), which includes lots and parcels of land within the subdivisions known as Monterey 170 and subdivision known as Section 29, within the City limits of Palm Desert. The areas included in the District are also known as Parcel Map No. 24255 (Monterey 170) / Assessment District 2004-02 (Section 29).
The Engineer’s Annual Levy Report (hereafter referred to as the “Report”) describes the District, the services, and the proposed assessments to be levied against properties in connection with the special benefits that the properties will receive from the maintenance and servicing of the District improvements and facilities for Fiscal Year 2024/2025. The District and the assessments described herein will provide a funding source (annual assessments) for the continued operation, maintenance and servicing of the drainage basin, including expansions thereto.
The services and assessments described in this Report are based on the current and planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to operate, maintain and service the drainage basin that provides special benefits to properties within the District. The structure of the District (organization), the proposed services, the method of apportionment, and assessments described herein are based on the current and proposed development within the District; and by reference, the plans and specifications for the drainage basin and expansion thereto are made part of this Report.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Riverside County Assessor’s Office. The Riverside County Auditor-Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
As part of this District, the City of Palm Desert conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of 252
2024/2025 Benefit Assessment District No. 1 Page 2
assessments. At the public hearing, property owner protest ballots received were tabulated and a majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein. The City Council approved the Report, ordered the formation of the District, and approved the levy and collection of assessments.
Each subsequent fiscal year, a Report is prepared and presented to the City Council describing any changes to the proposed services, the annual budget and assessments for that fiscal year, and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment of an individual property resulting from changes in development or land use does not constitute an increased assessment.
This Report consists of five (5) parts:
Part I
Plans and Specifications: A description of the District boundaries and the proposed improvements associated with the District.
Part II
The Method of Apportionment: A discussion of benefits the services provided to properties within the District and the method of calculating each property’s proportional special benefit and annual assessment. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the Maximum Assessment Rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings.
Part III
The District Budget: An estimate of the annual costs to operate, maintain and service the drainage basin improvements and facilities installed and constructed to support current and proposed development within the District. This budget includes an estimate of anticipated direct maintenance costs and incidental expenses including, but not limited to administration expenses and the collection of appropriate fund balances. The special benefit assessments are based on the overall operation, maintenance and servicing costs minus any costs that are considered general benefit or not assessed as special benefit.
The proposed assessments for the Fiscal Year 2024/2025, shall be based on the estimated net annual cost of operating, maintaining and servicing the District improvements for that fiscal year. The Maximum Assessments Rate (Rates per 253
2024/2025 Benefit Assessment District No. 1 Page 3
Equivalent Benefit Unit) identified in the budget of this Report shall be adjusted annually by the Assessment Range Formula described in the method of apportionment.
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the services.
Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the Riverside County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
Part V
Assessment Roll: A listing of the proposed assessment amount to be applied to each parcel within the District for the Fiscal Year 2024/2025. The proposed assessment amount for each parcel is based on the parcel’s proportional special benefit as outlined in the method of apportionment and the Maximum Assessment Rates.
PART I — PLANS AND SPECIFICATIONS
A. Benefiting Properties within the District
The territory within the District consists of all lots, parcels and subdivisions of land within the subdivision known as Monterey 170 and the proposed subdivision known as Section 29, which encompasses an area of land totaling approximately four hundred sixty acres (460 acres). The subdivisions are generally located:
North of Gerald Ford;
Southwest of Interstate 10;
West of Portola Avenue; and,
East of Monterey Avenue.
B. Funding authorized by the 1982 Act
As generally defined by the 1982 Act and applicable to this District, the City may impose a benefit assessment to finance the maintenance, operation and servicing costs associated with the drainage basin described below.
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C. Description of Services
The purpose of this District is to fund the activities necessary to operate, maintain and service the drainage basin constructed in a portion of Section 29, Township 4 South, Range 6 East SBM and to be enlarged in connection with current and new development of properties. The maintenance, operation and servicing of these improvements may include but are not limited to all materials, equipment, labor, and incidental expenses deemed necessary to keep the drainage basin in satisfactory condition. The maintenance of the improvements and related activities shall be funded entirely through the District assessments. The District services are generally described as:
• Drainage basin maintenance that may include but is not limited to inspection, repair, removal and replacement, and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection with the development of benefiting properties as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties; • All appurtenant, equipment, materials and service contracts related to the operation, maintenance and servicing of the aforementioned improvements and facilities;
• Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. The annual cost to provide the services determined to be of special benefit shall be allocated to each property in proportion to the special benefits received from those various services.
Drainage Basin Maintenance
The drainage basin maintenance may include but is not limited to: grading of access perimeter roads, repair of erosion of slopes to access roads, debris clearance, anchor mat repairs, dust control through the application of soil stabilization agents, weed abatement, mosquito and vector control, storm drain inlets and outlets, pumps, filters and pipes. The annual assessments for this District are intended to support the drainage basin and the maintenance program that will adequately regulate and control storm water runoff resulting from current and proposed development within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and the partial removal, replacement or rehabilitation of equipment and facilities. The drainage basin will cover an area of approximately 4 acres. The Public Works Department shall authorize and schedule all operational activities and maintenance of the drainage basin. 255
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A portion of the services described above might not be performed on an annual basis but due to an extraordinary event, such as replacement of the anchor mats and other major facility repairs, the funds necessary for these activities are collected as part of the annual assessments. The monies collected each year for these extraordinary services shall be accumulated in a special fund of the District (Reserve/Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of providing a reserve/capital improvement shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of providing a reserve/capital improvement that would result in an increase in the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase.
In March 2022, the City initiated an evaluation of the Section 29 Retention Basin.
Following an assessment of the basin's capacity, which stands at 45.4 acre-feet, an additional 16.3 acre-feet of retention volume was deemed necessary to mitigate overflow risks and accommodate the storage requirements for a 100-year storm event. The City has since designed for its improvement and expansion, and in December 2023, awarded a construction contract of approximately $4.63 million. The project is estimated to be completed in October 2024. The City will analyze the maintenance costs of these improvements following the project and incorporate them in future assessments.
PART II — METHOD OF APPORTIONMENT
A. General
The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as streets, roads, and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service.” Furthermore:
“The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.”
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The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflect the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel.
B. Benefit Analysis
Each of the proposed services, and the associated costs and assessments have been carefully reviewed, identified, and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The drainage basin improvements associated with this District are necessary and essential requirements for existing development, and the orderly development of future properties within the District to their full potential, consistent with the conditions for development of the properties, protection of downstream properties which would be negatively affected by increased storm runoff from the developed properties without the basin, and the applicable portions of the City General Plan. As such, the ongoing operation, servicing, and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since the existing parcels and proposed new development to be assessed are directly served by the drainage basin, each parcel has a direct investment in the proper maintenance of the various improvements that is over and above any general benefits that may be conferred by such improvements and services.
The construction and installation of these improvements are only necessary for the properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.
C. Assessment Methodology
All costs associated with the services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the services that benefit the parcels within the District as well as the gross acreage of each property as compared to other parcels that benefit from those services.
The method of apportionment established for this District and described herein, reflects 257
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the proportional special benefit each property receives from the services based on the gross acreage of that parcel as compared to the total gross acreage of all properties within the District except those that retain runoff on-site and do not receive any special benefit from those services.
Equivalent Benefit Units
In order to assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of all other properties within the District. The method of apportionment established for this district, formed under the 1982 Benefit Act, will utilize a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology. This proportional weighting may be based on several factors that may include but are not limited to: the type of development (land use), developmentstatus (developed versus undeveloped), size of the property, location of the property, development plans or restrictions, vehicular trip generation, street frontage, densities or other property related factors. Generally, for most districts the calculation of each parcel’s proportional special benefit can be reasonably determined by applying one or more of these factors.
Since the drainage basin will be constructed to retain runoff from the properties within the District and the cost of maintenance is directly related to the size of the basin, each parcel’s proportional special benefit has been based on the parcel’s gross acreage as compared to the total gross acreage of all other parcels within the District except those that retain runoff on-site and do not receive any special benefit from those services.
Generally, storm water runoff occurs from the entire parcel before and after development.
Thus, the gross size of a parcel prior to development provides a relative comparison to the amount of runoff the parcel will contribute to the drainage basin and thus the cost of maintenance. Therefore, it has been determined that for this District, each parcel’s proportional benefit (Equivalent Benefit Units) shall be equal to the parcel’s gross acreage before development (rounded to two decimal places).
Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification may include but is not limited to:
• Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County) which are otherwise included in the gross acreage of the parcel prior to development.
• Dedicated public easements including open space areas, utility rights-of-way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.
• Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use but are included in the gross acreage prior to development.
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• Parcels owned by the school district, Coachella Valley Water District and private developers that will not be assessed as part of this benefit assessment district, since the runoff generated by these properties shall be captured and retained onsite through the construction and grading of the sites.
These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment but shall be reviewed annually by the assessment engineer to confirm the parcels’ current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. The following formula is used to calculate each parcel’s EBU (proportional benefit).
Total Budget / Total EBU (Gross Acres) = Assessment Rate per EBU (Parcel’s Acreage / Total Net Acreage) x Total EBU = Parcel’s EBU Assessment Rate per EBU x Parcel’s EBU = Parcel Levy Amount For all subsequent parcel subdivisions that result in a final map of buildable residential lots, the number of EBUs assigned to such lots shall be calculated by taking the EBU initially calculated for the original Parcel (identified at the time of this Report) and apportioning the original assigned EBUs equally to the new buildable residential lot(s) or by equivalent gross acreage for non-residential lots created by a subdivision map. The corresponding assessment shall be levied against the applicable corresponding Assessor’s Parcel Number(s).
D. Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.
As part of the District formation, the notice and assessment ballots presented to the 259
2024/2025 Benefit Assessment District No. 1 Page 9
property owners for approval, included a maximum assessment amount for Fiscal Year 2007/2008 (initial maximum assessment), identification of the corresponding Maximum Assessment Rate and a summary of the Assessment Range Formula described herein.
The Assessment Range Formula for this District shall be applied to all future assessments and is generally defined:
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2007/2008 adjusted annually by the greater of three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the Los Angeles-Long Beach-Anaheim Area for March. Starting fiscal year 2019/2020 the Maximum Assessment Rate will be adjusted annually by the greater of three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the Riverside-San Bernardino-Ontario Area.
Beginning in the second fiscal year (Fiscal Year 2008/2009) and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated, and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The adjusted Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S.
Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.
To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve a proposed new or increased assessment before such an assessment may be imposed.
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2024/2025 Benefit Assessment District No. 1 Page 10
PART III — DISTRICT BUDGET
Direct Costs Total
Section 29 Storm Drain and Basin Maintenance $ 100,000.00 $ 100,000.00
Administration
City Administration Overhead $ 15,093.07
Professional fees for Administration 3,049.67
County Administration Fee 457.12
$ 18,599.86
RESERVE FUND /CIP FUND $ 141,807.72
BALANCE TO LEVY (1) $ 260,407.58
Parcels Levied 787
Total EBU's (Gross Acres) 453.66
FY 2024/2025 MAXIMUM LEVY PER EBU $ 734.60
FY 2024/2025 LEVY PER EBU $ 574.02
FY 2023/2024 MAXIMUM LEVY PER EBU $ 704.60
FY 2023/2024 LEVY PER EBU $ 574.02
Estimated Beginning Reserve Balance - June 30, 2024 $ 926,124.10 Reserve Fund Adjustments -
Estimated Ending Reserve Balance - June 30, 2025 $ 926,124.10 Beginning CIP Fund Balance - June 30, 2024 $ 2,555,780.62 CIP Fund Adjustments 141,807.72
Estimated CIP Balance - June 30, 2025 $ 2,697,588.34
(1) Slight variance from Charge total sum on Assessment Roll due to rounding. 261
2024/2025 Benefit Assessment District No. 1 Page 11
PART IV — DISTRICT DIAGRAMS
The parcels within Benefit Assessment District No. 1, Parcel Map No. 24255 (Monterey 170) / Assessment District 2004-02 (Section 29) consist of lots, parcels and subdivisions of land located in the planned residential and commercial development known as Section 29 and Monterey 170. The District covers approximately four hundred sixty acres (460 acres) in the City of Palm Desert.
The following District Diagram is based on the Riverside County Assessor’s Maps and the Riverside County Assessor’s information and identifies all the parcels of land within the proposed District, as the same existed at the time this Report was prepared. The combination of this map and the Assessment Roll contained in this Report constitutes the District Assessment Diagram.
262
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4/2025 Benefit Assessment District No.1 Page 12
263
2024/2025 Benefit Assessment District No. 1 Page 13
PART V — ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the Riverside County Assessor’s Office at the time the Engineer’s Report was prepared.
A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein.
Non-assessable lots or parcels may include, but are not limited to, public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right-of-ways, common areas; bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor-Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. 264
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
694-060-013 73550 DINAH SHORE DR COM 3.61 $2,619.92 $2,072.20 694-060-014 73600 DINAH SHORE DR COM 11.42 8,287.95 6,555.30 694-060-017 73760 DINAH SHORE DR COM 1.04 754.77 596.98 694-060-026 73750 DINAH SHORE DR COM 3.43 2,489.29 1,968.88 694-060-031 73650 DINAH SHORE DR COM 1.87 1,357.13 1,073.40 694-060-034 NO SITUS AVAILABLE COM 2.04 1,480.13 1,170.70 694-060-036 73450 DINAH SHORE DR COM 4.54 3,295.24 2,606.34 694-061-001 73700 DINAH SHORE DR ##101 COM 0.17 126.50 100.04 694-061-002 73700 DINAH SHORE DR ##102 COM 0.17 126.50 100.04 694-061-003 73700 DINAH SHORE DR ##103 COM 0.17 126.50 100.04 694-061-004 73700 DINAH SHORE DR ##104 COM 0.17 126.50 100.04 694-061-005 73700 DINAH SHORE DR ##105 COM 0.17 126.50 100.04 694-061-006 73700 DINAH SHORE DR ##106 COM 0.17 126.50 100.04 694-061-007 73700 DINAH SHORE DR ##107 COM 0.17 126.50 100.04 694-061-008 73700 DINAH SHORE DR ##201 COM 0.17 126.50 100.04 694-061-009 73700 DINAH SHORE DR ##202 COM 0.17 126.50 100.04 694-061-010 73700 DINAH SHORE DR ##203 COM 0.17 126.50 100.04 694-061-011 73700 DINAH SHORE DR ##204 COM 0.17 126.50 100.04 694-061-012 73700 DINAH SHORE DR ##205 COM 0.17 126.50 100.04 694-061-013 73700 DINAH SHORE DR ##206 COM 0.17 126.50 100.04 694-061-014 73700 DINAH SHORE DR ##207 COM 0.17 126.50 100.04 694-061-015 73700 DINAH SHORE DR ##301 COM 0.17 126.50 100.04 694-061-016 73700 DINAH SHORE DR ##302 COM 0.17 126.50 100.04 694-061-017 73700 DINAH SHORE DR ##303 COM 0.17 126.50 100.04 694-061-018 73700 DINAH SHORE DR ##304 COM 0.17 126.50 100.04 694-061-019 73700 DINAH SHORE DR ##305 COM 0.17 126.50 100.04 694-061-020 73700 DINAH SHORE DR ##306 COM 0.17 126.50 100.04 694-061-021 73700 DINAH SHORE DR ##307 COM 0.17 126.50 100.04 694-061-022 73700 DINAH SHORE DR ##401 COM 0.17 126.50 100.04 694-061-023 73700 DINAH SHORE DR ##402 COM 0.17 126.50 100.04 694-061-024 73700 DINAH SHORE DR ##403 COM 0.17 126.50 100.04 694-061-025 73700 DINAH SHORE DR ##404 COM 0.17 126.50 100.04 694-061-026 73700 DINAH SHORE DR ##405 COM 0.17 126.50 100.04 694-061-027 73700 DINAH SHORE DR ##406 COM 0.17 126.50 100.04 694-061-028 73700 DINAH SHORE DR ##407 COM 0.17 126.50 100.04 694-061-030 73660 DINAH SHORE DR ##101 CON 0.06 44.58 35.26 694-061-031 73660 DINAH SHORE DR ##102 CON 0.06 44.58 35.26 694-061-032 73660 DINAH SHORE DR ##103 CON 0.06 44.58 35.26 694-061-033 73660 DINAH SHORE DR ##104 CON 0.06 44.58 35.26 694-061-034 73660 DINAH SHORE DR ##105 CON 0.06 44.58 35.26 694-061-035 73660 DINAH SHORE DR ##106 CON 0.06 44.58 35.26 694-061-036 73660 DINAH SHORE DR ##107 CON 0.06 44.58 35.26 694-061-037 73660 DINAH SHORE DR ##108 CON 0.06 44.58 35.26 694-061-038 73660 DINAH SHORE DR ##109 CON 0.06 44.58 35.26 694-061-039 73660 DINAH SHORE DR ##110 CON 0.06 44.58 35.26 694-061-040 73660 DINAH SHORE DR ##111 CON 0.06 44.58 35.26 694-061-041 73660 DINAH SHORE DR ##112 CON 0.06 44.58 35.26 694-061-042 73660 DINAH SHORE DR ##113 CON 0.06 44.58 35.26 City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
265
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-061-043 73660 DINAH SHORE DR ##114 CON 0.06 44.58 35.26 694-061-044 73660 DINAH SHORE DR CON 0.06 44.58 35.26
694-061-045 73660 DINAH SHORE DR ##116 CON 0.06 44.58 35.26 694-061-046 73660 DINAH SHORE DR ##117 CON 0.06 44.58 35.26 694-061-047 73660 DINAH SHORE DR ##218 CON 0.06 44.58 35.26 694-061-048 73660 DINAH SHORE DR ##219 CON 0.06 44.58 35.26 694-061-049 73660 DINAH SHORE DR ##220 CON 0.06 44.58 35.26 694-061-050 73660 DINAH SHORE DR ##221 CON 0.06 44.58 35.26 694-061-051 73660 DINAH SHORE DR ##222 CON 0.06 44.58 35.26 694-061-052 73660 DINAH SHORE DR ##223 CON 0.06 44.58 35.26 694-061-053 73660 DINAH SHORE DR ##224 CON 0.06 44.58 35.26 694-061-054 73660 DINAH SHORE DR ##225 CON 0.06 44.58 35.26 694-061-055 73660 DINAH SHORE DR ##226 CON 0.06 44.58 35.26 694-061-056 73660 DINAH SHORE DR ##227 CON 0.06 44.58 35.26 694-061-057 73660 DINAH SHORE DR ##228 CON 0.06 44.58 35.26 694-061-058 73660 DINAH SHORE DR ##229 CON 0.06 44.58 35.26 694-061-059 73660 DINAH SHORE DR ##230 CON 0.06 44.58 35.26 694-061-060 73660 DINAH SHORE DR ##231 CON 0.06 44.58 35.26 694-061-061 73660 DINAH SHORE DR ##232 CON 0.06 44.58 35.26 694-061-062 73660 DINAH SHORE DR ##233 CON 0.06 44.58 35.26 694-061-063 73660 DINAH SHORE DR ##234 CON 0.06 44.58 35.26 694-061-064 73660 DINAH SHORE DR ##235 CON 0.06 44.58 35.26 694-061-065 73660 DINAH SHORE DR ##236 CON 0.06 44.58 35.26 694-061-066 73660 DINAH SHORE DR ##237 CON 0.06 44.58 35.26 694-061-067 73660 DINAH SHORE DR ##238 CON 0.06 44.58 35.26 694-061-068 73660 DINAH SHORE DR ##239 CON 0.06 44.58 35.26 694-061-069 73660 DINAH SHORE DR ##240 CON 0.06 44.58 35.26 694-061-070 73660 DINAH SHORE DR ##241 CON 0.06 44.58 35.26 694-061-071 73660 DINAH SHORE DR ##242 CON 0.06 44.58 35.26 694-061-072 73660 DINAH SHORE DR ##243 CON 0.06 44.58 35.26 694-061-073 73660 DINAH SHORE DR ##244 CON 0.06 44.58 35.26 694-061-074 73660 DINAH SHORE DR ##245 CON 0.06 44.58 35.26 694-061-075 73660 DINAH SHORE DR ##246 CON 0.06 44.58 35.26 694-061-076 73660 DINAH SHORE DR ##247 CON 0.06 44.58 35.26 694-061-077 73660 DINAH SHORE DR ##248 CON 0.06 44.58 35.26 694-061-078 73660 DINAH SHORE DR ##249 CON 0.06 44.58 35.26 694-080-005 73820 DINAH SHORE DR COM 0.40 290.30 229.60 694-080-006 73800 DINAH SHORE DR COM 1.36 987.01 780.66 694-080-007 73818 DINAH SHORE DR COM 0.33 239.49 189.42 694-080-008 73814 DINAH SHORE DR COM 0.33 239.49 189.42 694-080-009 73810 DINAH SHORE DR COM 0.33 239.49 189.42 694-080-010 73808 DINAH SHORE DR COM 0.39 283.04 223.86 694-080-011 73806 DINAH SHORE DR COM 0.52 377.38 298.48 694-080-012 73812 DINAH SHORE DR COM 0.38 275.78 218.12 694-080-013 73816 DINAH SHORE DR COM 0.40 290.30 229.60 694-080-014 73802 DINAH SHORE DR COM 0.33 239.49 189.42 694-080-015 73804 DINAH SHORE DR COM 0.63 457.22 361.62 694-081-001 73850 DINAH SHORE DR ##101 COM 0.15 108.86 86.10 266
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-081-002 73850 DINAH SHORE DR ##102 COM 0.10 72.57 57.40 694-081-003 73850 DINAH SHORE DR ##103 COM 0.11 79.83 63.14 694-081-004 73850 DINAH SHORE DR ##104 COM 0.10 72.57 57.40 694-081-005 73850 DINAH SHORE DR ##105 COM 0.11 79.83 63.14 694-081-006 73850 DINAH SHORE DR ##106 COM 0.12 87.09 68.88 694-081-007 73850 DINAH SHORE DR ##107 COM 0.13 94.35 74.62 694-081-008 73850 DINAH SHORE DR ##108 COM 0.14 101.60 80.36 694-081-009 73850 DINAH SHORE DR ##109 COM 0.19 137.89 109.06 694-081-010 73850 DINAH SHORE DR ##110 COM 0.15 108.86 86.10 694-081-011 73850 DINAH SHORE DR ##111 COM 0.15 108.86 86.10 694-081-012 73850 DINAH SHORE DR ##112 COM 0.15 108.86 86.10 694-081-013 73850 DINAH SHORE DR ##113 COM 0.14 101.60 80.36 694-081-014 73850 DINAH SHORE DR ##114 COM 0.14 101.60 80.36 694-081-015 73850 DINAH SHORE DR ##115 COM 0.27 195.95 154.98 694-081-016 73900 DINAH SHORE DR ##201 COM 0.13 94.35 74.62 694-081-017 73900 DINAH SHORE DR ##202 COM 0.08 58.06 45.92 694-081-018 73900 DINAH SHORE DR ##203 COM 0.08 58.06 45.92 694-081-019 73900 DINAH SHORE DR ##204 COM 0.08 58.06 45.92 694-081-020 73900 DINAH SHORE DR ##205 COM 0.09 65.32 51.66 694-081-021 73900 DINAH SHORE DR ##206 COM 0.08 58.06 45.92 694-081-022 73900 DINAH SHORE DR ##207 COM 0.08 58.06 45.92 694-081-023 73900 DINAH SHORE DR ##208 COM 0.09 65.32 51.66 694-081-024 73900 DINAH SHORE DR ##209 COM 0.09 65.32 51.66 694-081-025 73950 DINAH SHORE DR ##301 COM 0.12 87.09 68.88 694-081-026 73950 DINAH SHORE DR ##302 COM 0.08 58.06 45.92 694-081-027 73950 DINAH SHORE DR ##303 COM 0.10 72.57 57.40 694-081-028 73950 DINAH SHORE DR ##304 COM 0.11 79.83 63.14 694-081-029 73950 DINAH SHORE DR ##305 COM 0.12 87.09 68.88 694-081-030 73950 DINAH SHORE DR ##306 COM 0.13 94.35 74.62 694-081-031 73950 DINAH SHORE DR ##307 COM 0.13 94.35 74.62 694-081-032 73950 DINAH SHORE DR ##308 COM 0.21 152.41 120.54 694-081-033 74000 DINAH SHORE DR ##401 COM 0.07 50.80 40.18 694-081-034 74000 DINAH SHORE DR ##402 COM 0.07 50.80 40.18 694-081-035 74000 DINAH SHORE DR ##403 COM 0.07 50.80 40.18 694-081-036 74000 DINAH SHORE DR ##404 COM 0.07 50.80 40.18 694-081-037 74000 DINAH SHORE DR ##405 COM 0.07 50.80 40.18 694-081-038 74000 DINAH SHORE DR ##406 COM 0.07 50.80 40.18 694-081-039 74000 DINAH SHORE DR ##407 COM 0.07 50.80 40.18 694-081-040 74000 DINAH SHORE DR ##408 COM 0.07 50.80 40.18 694-081-041 74000 DINAH SHORE DR ##409 COM 0.06 43.54 34.44 694-081-042 74000 DINAH SHORE DR ##410 COM 0.07 50.80 40.18 694-081-043 74000 DINAH SHORE DR ##411 COM 0.07 50.80 40.18 694-081-044 74000 DINAH SHORE DR ##412 COM 0.07 50.80 40.18 694-081-045 74000 DINAH SHORE DR ##413 COM 0.07 50.80 40.18 694-081-046 74000 DINAH SHORE DR ##414 COM 0.09 65.32 51.66 694-090-001 34550 MONTEREY AVE COM 12.81 9,296.73 7,353.18 694-090-006 34700 MONTEREY AVE COM 1.36 987.01 780.66
694-090-007 34620 MONTEREY AVE COM 0.82 595.11 470.68
267
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-090-008 34580 MONTEREY AVE COM 1.00 725.74 574.02
694-090-009 34540 MONTEREY AVE COM 1.22 885.40 700.30
694-090-010 34460 MONTEREY AVE ##103 COM 0.43 312.07 246.82 694-090-011 34220 MONTEREY AVE COM 15.20 11,031.25 8,725.10 694-090-012 34500 MONTEREY AVE COM 9.21 6,684.07 5,286.72 694-090-013 34460 MONTEREY AVE CMV 0.93 674.94 533.82
694-090-014 34420 MONTEREY AVE COM 0.93 674.94 533.82
694-090-015 34380 MONTEREY AVE COM 1.30 943.46 746.22
694-090-016 34340 MONTEREY AVE COM 1.01 733.00 579.76
694-090-017 34300 MONTEREY AVE COM 1.21 878.15 694.56
694-090-021 34140 MONTEREY AVE COM 1.43 1,037.81 820.84 694-090-022 34200 MONTEREY AVE COM 2.17 1,574.86 1,245.62 694-090-023 34500 MONTEREY AVE CMV 0.50 362.87 287.00
694-090-024 NO SITUS AVAILABLE CMV 1.98 1,436.97 1,136.54 694-090-027 34740 MONTEREY AVE COM 3.02 2,191.73 1,733.54 694-090-028 34900 MONTEREY AVE COM 2.81 2,039.33 1,612.98 694-090-029 34860 MONTEREY AVE COM 1.72 1,248.27 987.30 694-090-031 34660 MONTEREY AVE COM 2.39 1,734.52 1,371.90 694-090-032 34940 MONTEREY AVE COM 8.26 5,994.61 4,741.40 694-090-040 34260 MONTEREY AVE COM 1.00 725.74 574.02
694-090-041 34180 MONTEREY AVE COM 0.96 696.71 551.04
694-090-042 34100 MONTEREY AVE COM 1.29 936.20 740.48
694-130-016 NO SITUS AVAILABLE CMV 14.62 10,610.32 8,392.16 694-130-017 NO SITUS AVAILABLE CMV 11.16 8,099.26 6,406.06 694-130-018 NO SITUS AVAILABLE CMV 3.75 2,721.53 2,152.56 694-130-021 NO SITUS AVAILABLE CMV 26.41 19,166.79 15,159.86 694-130-022 35900 MONTEREY AVE COM 22.25 16,147.72 12,771.94 694-140-001 35476 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-002 35462 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-003 35448 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-004 35434 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-005 35420 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-006 35406 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-007 35392 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-008 35378 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-009 35364 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-010 35350 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-011 73640 CIERRA ST SFV 0.22 159.66 126.28
694-140-012 73626 CIERRA ST SFV 0.22 159.66 126.28
694-140-013 73612 CIERRA ST SFV 0.22 159.66 126.28
694-140-014 73598 CIERRA ST SFV 0.22 159.66 126.28
694-140-015 73584 CIERRA ST SFV 0.22 159.66 126.28
694-140-016 73570 CIERRA ST SFV 0.22 159.66 126.28
694-140-017 73556 CIERRA ST SFV 0.22 159.66 126.28
694-140-018 73542 CIERRA ST SFV 0.22 159.66 126.28
694-140-019 73528 CIERRA ST SFV 0.22 159.66 126.28
694-140-020 73514 CIERRA ST SFV 0.22 159.66 126.28
694-140-021 73500 CIERRA ST SFV 0.22 159.66 126.28
268
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-140-022 73486 CIERRA ST SFV 0.22 159.66 126.28
694-140-023 73472 CIERRA ST SFV 0.22 159.66 126.28
694-140-026 73430 CIERRA ST SFV 0.22 159.66 126.28
694-140-027 35375 DOMANI DR SFV 0.22 159.66 126.28
694-140-028 35383 DOMANI DR SFV 0.22 159.66 126.28
694-140-029 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-030 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-031 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-032 35439 DOMANI DR SFV 0.22 159.66 126.28
694-140-033 35453 DOMANI DR SFV 0.22 159.66 126.28
694-140-034 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-035 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-036 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-037 35432 DOMANI DR SFV 0.22 159.66 126.28
694-140-038 35446 DOMANI DR SFV 0.22 159.66 126.28
694-140-039 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-040 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-041 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-042 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-043 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-044 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-045 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-046 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-047 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-048 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-049 35414 SERENO LN SFR 0.22 159.66 126.28
694-140-050 35428 SERENO LN SFR 0.22 159.66 126.28
694-140-051 35442 SERENO LN SFR 0.22 159.66 126.28
694-140-052 35456 SERENO LN SFR 0.22 159.66 126.28
694-140-053 35515 BAINS AVE SFV 0.22 159.66 126.28
694-140-054 35501 BAINS AVE SFV 0.22 159.66 126.28
694-140-055 35487 BAINS AVE SFV 0.22 159.66 126.28
694-140-056 35473 BAINS AVE SFV 0.22 159.66 126.28
694-140-057 35459 BAINS AVE SFV 0.22 159.66 126.28
694-140-058 35445 BAINS AVE SFV 0.22 159.66 126.28
694-140-059 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-060 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-061 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-062 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-063 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-064 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-065 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-066 NO SITUS AVAILABLE SFV 0.22 159.66 126.28
694-140-067 35452 BAINS AVE SFV 0.22 159.66 126.28
694-140-068 35466 BAINS AVE SFV 0.22 159.66 126.28
694-140-069 35480 BAINS AVE SFV 0.22 159.66 126.28
694-140-070 35483 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-071 35469 CORTESIA WAY SFV 0.22 159.66 126.28
269
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-140-072 35455 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-073 35441 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-074 35427 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-075 35413 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-076 35399 CORTESIA WAY SFV 0.22 159.66 126.28
694-140-090 73444 CIERRA ST SFR 0.22 159.66 126.28
694-140-091 73458 CIERRA ST SFR 0.22 159.66 126.28
694-150-001 35481 DOMANI DR SFR 0.22 159.66 126.28
694-150-002 35495 DOMANI DR SFR 0.22 159.66 126.28
694-150-003 35509 DOMANI DR SFR 0.22 159.66 126.28
694-150-004 35523 DOMANI DR SFR 0.22 159.66 126.28
694-150-005 35537 DOMANI DR SFR 0.22 159.66 126.28
694-150-006 35551 DOMANI DR SFR 0.22 159.66 126.28
694-150-007 35565 DOMANI DR SFR 0.22 159.66 126.28
694-150-008 35579 DOMANI DR SFR 0.22 159.66 126.28
694-150-009 35593 DOMANI DR SFR 0.22 159.66 126.28
694-150-010 73435 TRAVERS ST SFR 0.22 159.66 126.28
694-150-011 73441 TRAVERS ST SFR 0.22 159.66 126.28
694-150-012 73447 TRAVERS ST SFR 0.22 159.66 126.28
694-150-013 73453 TRAVERS ST SFR 0.22 159.66 126.28
694-150-014 73467 TRAVERS ST SFR 0.22 159.66 126.28
694-150-015 73481 TRAVERS ST SFV 0.22 159.66 126.28
694-150-016 73495 TRAVERS ST SFV 0.22 159.66 126.28
694-150-017 73509 TRAVERS ST SFV 0.22 159.66 126.28
694-150-018 73523 TRAVERS ST SFV 0.22 159.66 126.28
694-150-019 73537 TRAVERS ST SFV 0.22 159.66 126.28
694-150-020 73551 TRAVERS ST SFV 0.22 159.66 126.28
694-150-021 73565 TRAVERS ST SFV 0.22 159.66 126.28
694-150-022 73579 TRAVERS ST SFV 0.22 159.66 126.28
694-150-023 73593 TRAVERS ST SFV 0.22 159.66 126.28
694-150-024 73607 TRAVERS ST SFV 0.22 159.66 126.28
694-150-025 73621 TRAVERS ST SFV 0.22 159.66 126.28
694-150-026 73635 TRAVERS ST SFV 0.22 159.66 126.28
694-150-029 35630 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-030 35616 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-031 35602 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-032 35588 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-033 35574 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-034 35560 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-035 35546 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-036 35532 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-037 35518 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-038 35504 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-039 35490 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-040 35474 DOMANI DR SFR 0.22 159.66 126.28
694-150-041 35488 DOMANI DR SFR 0.22 159.66 126.28
694-150-042 35502 DOMANI DR SFR 0.22 159.66 126.28
694-150-043 35516 DOMANI DR SFR 0.22 159.66 126.28
270
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-150-044 35530 DOMANI DR SFR 0.22 159.66 126.28
694-150-045 35544 DOMANI DR SFR 0.22 159.66 126.28
694-150-046 35572 DOMANI DR SFR 0.22 159.66 126.28
694-150-047 35586 DOMANI DR SFR 0.22 159.66 126.28
694-150-048 73474 TRAVERS ST SFR 0.22 159.66 126.28
694-150-049 73488 TRAVERS ST SFV 0.22 159.66 126.28
694-150-050 73502 TRAVERS ST SFV 0.22 159.66 126.28
694-150-051 73516 TRAVERS ST SFV 0.22 159.66 126.28
694-150-052 73530 TRAVERS ST SFV 0.22 159.66 126.28
694-150-053 73544 TRAVERS ST SFV 0.22 159.66 126.28
694-150-054 73558 TRAVERS ST SFV 0.22 159.66 126.28
694-150-055 73572 TRAVERS ST SFV 0.22 159.66 126.28
694-150-056 73586 TRAVERS ST SFV 0.22 159.66 126.28
694-150-057 73600 TRAVERS ST SFV 0.22 159.66 126.28
694-150-058 73614 TRAVERS ST SFV 0.22 159.66 126.28
694-150-059 73628 TRAVERS ST SFV 0.22 159.66 126.28
694-150-060 73642 TRAVERS ST SFV 0.22 159.66 126.28
694-150-061 73645 GRANITA DR SFV 0.22 159.66 126.28
694-150-062 73631 GRANITA DR SFV 0.22 159.66 126.28
694-150-063 73617 GRANITA DR SFV 0.22 159.66 126.28
694-150-064 73603 GRANITA DR SFV 0.22 159.66 126.28
694-150-065 73589 GRANITA DR SFV 0.22 159.66 126.28
694-150-066 73575 GRANITA DR SFV 0.22 159.66 126.28
694-150-067 73561 GRANITA DR SFV 0.22 159.66 126.28
694-150-068 73547 GRANITA DR SFV 0.22 159.66 126.28
694-150-069 73533 GRANITA DR SFV 0.22 159.66 126.28
694-150-070 73519 GRANITA DR SFV 0.22 159.66 126.28
694-150-071 35533 SERENO LN SFV 0.22 159.66 126.28
694-150-072 35519 SERENO LN SFV 0.22 159.66 126.28
694-150-073 35505 SERENO LN SFV 0.22 159.66 126.28
694-150-074 35491 SERENO LN SFV 0.22 159.66 126.28
694-150-075 35477 SERENO LN SFV 0.22 159.66 126.28
694-150-076 35494 BAINS AVE SFV 0.22 159.66 126.28
694-150-077 35508 BAINS AVE SFV 0.22 159.66 126.28
694-150-078 35522 BAINS AVE SFV 0.22 159.66 126.28
694-150-079 35536 BAINS AVE SFV 0.22 159.66 126.28
694-150-080 35539 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-081 35525 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-082 35511 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-083 35497 CORTESIA WAY SFV 0.22 159.66 126.28
694-150-090 35638 CORTESIA WAY SFR 0.22 159.66 126.28
694-150-091 35638 CORTESIA WAY SFR 0.22 159.66 126.28
694-240-001 34550 SPYDER CIR COM 0.66 478.99 378.84
694-240-002 NO SITUS AVAILABLE CMV 0.52 377.38 298.48
694-240-003 34750 SPYDER CIR COM 0.50 362.87 287.00
694-240-004 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-005 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-007 73725 DINAH SHORE DR CMV 1.30 943.46 746.22 271
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-240-008 73771 DINAH SHORE DR COM 2.13 1,545.83 1,222.66 694-240-009 NO SITUS AVAILABLE CMV 0.56 406.41 321.44
694-240-010 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-011 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-012 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-013 NO SITUS AVAILABLE CMV 0.56 406.41 321.44
694-240-014 NO SITUS AVAILABLE CMV 1.01 733.00 579.76
694-240-015 34901 SPYDER CIR COM 0.56 406.41 321.44
694-240-016 34801 SPYDER CIR COM 0.50 362.87 287.00
694-240-017 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-018 NO SITUS AVAILABLE CMV 0.50 362.87 287.00
694-240-019 NO SITUS AVAILABLE CMV 0.62 449.96 355.88
694-240-020 NO SITUS AVAILABLE CMV 1.02 740.25 585.50
694-240-021 NO SITUS AVAILABLE CMV 0.94 682.20 539.56
694-240-022 73605 DINAH SHORE DR ##100A COM 1.00 725.74 574.02 694-240-023 73605 DINAH SHORE DR ##200B COM 0.59 428.19 338.66 694-240-024 73605 DINAH SHORE DR ##300C COM 0.47 341.10 269.78 694-240-025 73605 DINAH SHORE DR ##400D COM 0.99 718.48 568.26 694-240-026 73605 DINAH SHORE DR ##500E COM 0.56 406.41 321.44 694-240-027 73605 DINAH SHORE DR ##600F COM 0.46 333.84 264.04 694-240-028 73605 DINAH SHORE DR ##700G COM 0.43 312.07 246.82 694-240-029 73605 DINAH SHORE DR ##800H COM 0.55 399.16 315.70 694-240-030 73605 DINAH SHORE DR ##900I COM 0.62 449.96 355.88 694-240-031 73605 DINAH SHORE DR ##1000 COM 0.80 580.59 459.20 694-240-032 73605 DINAH SHORE DR ##1100 COM 0.81 587.85 464.94 694-240-033 73605 DINAH SHORE DR ##1200 COM 1.19 863.63 683.08 694-240-034 73605 DINAH SHORE DR ##1500 COM 0.54 391.90 309.96 694-240-035 73605 DINAH SHORE DR ##1600 COM 0.54 391.90 309.96 694-240-047 73750 SPYDER CIR COM 0.61 442.70 350.14
694-240-048 73760 SPYDER CIR COM 0.61 442.70 350.14
694-241-001 73605 DINAH SHORE DR ##1400 COM 0.23 166.92 132.02 694-241-002 73605 DINAH SHORE DR ##1400 COM 0.20 145.15 114.80 694-241-003 73605 DINAH SHORE DR ##1401 COM 0.20 145.15 114.80 694-241-004 73605 DINAH SHORE DR ##1400 COM 0.23 166.92 132.02 694-241-006 73605 DINAH SHORE DR ##1320 COM 0.31 224.98 177.94 694-241-007 73605 DINAH SHORE DR ##1310 COM 0.14 101.60 80.36 694-241-008 73605 DINAH SHORE DR ##1300 COM 0.14 101.60 80.36 694-241-010 34390 GATEWAY DR ##A-100 COM 0.75 543.23 429.66 694-241-011 34360 GATEWAY DR ##B-100 COM 0.30 217.29 171.86 694-241-012 34330 GATEWAY DR ##C-100 COM 0.38 277.67 219.62 694-241-013 34330 GATEWAY DR ##C-110 COM 0.38 277.67 219.62 694-241-014 34300 GATEWAY DR ##D-100 COM 0.29 208.21 164.68 694-241-015 34300 GATEWAY DR ##D-110 COM 0.26 185.14 146.42 694-241-016 34300 GATEWAY DR ##D-120 COM 0.29 208.21 164.68 694-241-017 34470 GATEWAY DR ##E-100 COM 0.29 208.21 164.68 694-241-018 34470 GATEWAY DR ##E-110 COM 0.29 208.21 164.68 694-241-019 34500 GATEWAY DR ##F-100 COM 0.26 185.14 146.42 694-241-020 34500 GATEWAY DR ##F-110 COM 0.19 138.83 109.80 272
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-241-021 34500 GATEWAY DR ##F-120 COM 0.26 185.14 146.42 694-241-022 34420 GATEWAY DR ##G-100 COM 1.91 1,388.34 1,098.10 694-241-023 34450 GATEWAY DR ##H-100 COM 1.82 1,318.89 1,043.16 694-241-024 34450 GATEWAY DR ##H-110 COM 1.75 1,272.66 1,006.60 694-250-001 73816 RIVERA CT SFR 0.34 244.10 193.06
694-250-002 73830 RIVERA CT SFR 0.34 244.10 193.06
694-250-003 73823 RIVERA CT SFR 0.34 244.10 193.06
694-250-007 35768 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-008 35782 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-009 73809 RIVERA CT SFR 0.34 244.10 193.06
694-250-010 35796 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-011 35810 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-012 35824 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-013 73812 DA VINCI CT SFR 0.34 244.10 193.06
694-250-014 73824 DA VINCI CT SFR 0.34 244.10 193.06
694-250-015 73861 DA VINCI CT SFR 0.34 244.10 193.06
694-250-016 73847 DA VINCI CT SFR 0.34 244.10 193.06
694-250-017 73833 DA VINCI CT SFR 0.34 244.10 193.06
694-250-018 73819 DA VINCI CT SFR 0.34 244.10 193.06
694-250-019 35838 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-020 35852 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-021 35866 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-022 35880 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-023 35887 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-024 35873 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-025 35859 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-026 35845 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-027 35831 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-028 35817 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-029 35803 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-030 35789 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-031 35775 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-032 35761 RAPHAEL DR SFR 0.34 244.10 193.06
694-250-033 73768 CEZANNE DR SFR 0.34 244.10 193.06
694-250-034 73782 CEZANNE DR SFR 0.34 244.10 193.06
694-250-035 73796 CEZANNE DR SFR 0.34 244.10 193.06
694-250-036 73810 CEZANNE DR SFR 0.34 244.10 193.06
694-250-037 73824 CEZANNE DR SFR 0.34 244.10 193.06
694-250-038 73838 CEZANNE DR SFR 0.34 244.10 193.06
694-250-039 73852 CEZANNE DR SFR 0.34 244.10 193.06
694-250-040 73866 CEZANNE DR SFR 0.34 244.10 193.06
694-250-041 73880 CEZANNE DR SFR 0.34 244.10 193.06
694-250-042 73845 CEZANNE DR SFR 0.34 244.10 193.06
694-250-043 73831 CEZANNE DR SFR 0.34 244.10 193.06
694-250-044 73817 CEZANNE DR SFR 0.34 244.10 193.06
694-250-045 73803 CEZANNE DR SFR 0.34 244.10 193.06
694-250-046 73789 CEZANNE DR SFR 0.34 244.10 193.06
694-250-047 73775 CEZANNE DR SFR 0.34 244.10 193.06
273
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-250-048 73761 CEZANNE DR SFR 0.34 244.10 193.06
694-250-049 73810 VAN GOGH DR SFR 0.34 244.10 193.06
694-250-050 73806 PICASSO DR SFR 0.34 244.10 193.06
694-250-051 73820 PICASSO DR SFR 0.34 244.10 193.06
694-250-052 35747 RAPHAEL DR SFR 0.34 244.10 193.06
694-260-001 73628 DALI CT SFR 0.34 244.10 193.06
694-260-002 35877 MATISSE DR SFR 0.34 244.10 193.06
694-260-003 35863 MATISSE DR SFR 0.34 244.10 193.06
694-260-004 73677 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-005 73663 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-006 73649 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-007 73635 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-008 35860 RENOIR PL SFR 0.34 244.10 193.06
694-260-009 35867 RENOIR PL SFR 0.34 244.10 193.06
694-260-010 35853 RENOIR PL SFR 0.34 244.10 193.06
694-260-011 35839 RENOIR PL SFR 0.34 244.10 193.06
694-260-012 35825 RENOIR PL SFR 0.34 244.10 193.06
694-260-013 35811 RENOIR PL SFR 0.34 244.10 193.06
694-260-014 73642 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-015 73656 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-016 73670 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-017 73684 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-018 73698 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-019 73712 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-020 73726 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-021 73740 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-022 73754 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-023 73768 KANDINSKY WAY SFR 0.34 244.10 193.06
694-260-024 73782 VAN GOGH DR SFR 0.34 244.10 193.06
694-260-025 73796 VAN GOGH DR SFR 0.34 244.10 193.06
694-260-026 73775 VAN GOGH DR SFR 0.34 244.10 193.06
694-260-027 73761 VAN GOGH DR SFR 0.34 244.10 193.06
694-260-028 35856 MATISSE DR SFR 0.34 244.10 193.06
694-260-029 35870 MATISSE DR SFR 0.34 244.10 193.06
694-260-030 73645 PICASSO DR SFR 0.34 244.10 193.06
694-260-031 73659 PICASSO DR SFR 0.34 244.10 193.06
694-260-032 73673 PICASSO DR SFR 0.34 244.10 193.06
694-260-033 73687 PICASSO DR SFR 0.34 244.10 193.06
694-260-034 73701 PICASSO DR SFR 0.34 244.10 193.06
694-260-035 73715 PICASSO DR SFR 0.34 244.10 193.06
694-260-036 73729 PICASSO DR SFR 0.34 244.10 193.06
694-260-037 73743 PICASSO DR SFR 0.34 244.10 193.06
694-260-038 73757 PICASSO DR SFR 0.34 244.10 193.06
694-260-039 73771 PICASSO DR SFR 0.34 244.10 193.06
694-260-040 73785 PICASSO DR SFR 0.34 244.10 193.06
694-260-041 73799 PICASSO DR SFR 0.34 244.10 193.06
694-260-042 73813 PICASSO DR SFR 0.34 244.10 193.06
694-260-043 73827 PICASSO DR SFR 0.34 244.10 193.06
274
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-260-049 73596 PICASSO DR SFR 0.35 256.43 202.82
694-260-050 73610 PICASSO DR SFR 0.35 256.43 202.82
694-260-051 73624 PICASSO DR SFR 0.35 256.43 202.82
694-260-052 73638 PICASSO DR SFR 0.35 256.43 202.82
694-260-053 73652 PICASSO DR SFR 0.35 256.43 202.82
694-260-054 73666 PICASSO DR SFR 0.35 256.43 202.82
694-260-055 73680 PICASSO DR SFR 0.35 256.43 202.82
694-260-056 73694 PICASSO DR SFR 0.35 256.43 202.82
694-260-057 73708 PICASSO DR SFR 0.35 256.43 202.82
694-260-058 73722 PICASSO DR SFR 0.35 256.43 202.82
694-260-059 73736 PICASSO DR SFR 0.35 256.43 202.82
694-260-060 73750 PICASSO DR SFR 0.35 256.43 202.82
694-260-061 73764 PICASSO DR SFR 0.35 256.43 202.82
694-260-062 73778 PICASSO DR SFR 0.35 256.43 202.82
694-260-063 73792 PICASSO DR SFR 0.35 256.43 202.82
694-260-072 35833 RENOIR PL SFR 0.34 244.10 193.06
694-270-002 35933 MATISSE DR SFR 0.36 258.07 204.12
694-270-003 35919 MATISSE DR SFR 0.36 258.07 204.12
694-270-004 35905 MATISSE DR SFR 0.36 258.07 204.12
694-270-005 35891 MATISSE DR SFR 0.36 258.07 204.12
694-270-006 73635 DALI CT SFR 0.36 258.07 204.12
694-270-007 73649 DALI CT SFR 0.36 258.07 204.12
694-270-008 73642 DALI CT SFR 0.36 258.07 204.12
694-270-009 35874 RENOIR PL SFR 0.36 258.07 204.12
694-270-010 35888 RENOIR PL SFR 0.36 258.07 204.12
694-270-011 35902 RENOIR PL SFR 0.36 258.07 204.12
694-270-012 35923 RENOIR PL SFR 0.36 258.07 204.12
694-270-013 35909 RENOIR PL SFR 0.36 258.07 204.12
694-270-014 35895 RENOIR PL SFR 0.36 258.07 204.12
694-270-015 35881 RENOIR PL SFR 0.36 258.07 204.12
694-270-016 73789 VAN GOGH DR SFR 0.36 258.07 204.12
694-270-017 35884 MATISSE DR SFR 0.36 258.07 204.12
694-270-018 35898 MATISSE DR SFR 0.36 258.07 204.12
694-270-019 35912 MATISSE DR SFR 0.36 258.07 204.12
694-270-020 35926 MATISSE DR SFR 0.36 258.07 204.12
694-270-026 35937 RENOIR PL SFR 0.37 266.93 211.12
694-270-027 35951 RENOIR PL SFR 0.37 266.93 211.12
694-270-028 35965 RENOIR PL SFR 0.37 266.93 211.12
694-270-029 35979 RENOIR PL SFR 0.37 266.93 211.12
694-270-030 35993 RENOIR PL SFR 0.37 266.93 211.12
694-270-031 73615 VERMEER WAY SFR 0.37 266.93 211.12
694-270-032 73629 VERMEER WAY SFR 0.37 266.93 211.12
694-270-033 73643 VERMEER WAY SFR 0.37 266.93 211.12
694-270-034 73657 VERMEER WAY SFR 0.37 266.93 211.12
694-270-035 73671 VERMEER WAY SFR 0.37 266.93 211.12
694-270-036 73685 VERMEER WAY SFR 0.37 266.93 211.12
694-270-037 73699 VERMEER WAY SFR 0.37 266.93 211.12
694-270-038 73713 VERMEER WAY SFR 0.37 266.93 211.12
275
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-270-039 73727 VERMEER WAY SFR 0.37 266.93 211.12
694-270-040 35996 CHAGALL LN SFV 0.37 266.93 211.12
694-270-041 35982 CHAGALL LN SFR 0.37 266.93 211.12
694-270-042 35968 CHAGALL LN SFR 0.37 266.93 211.12
694-270-043 35954 CHAGALL LN SFR 0.37 266.93 211.12
694-270-044 35940 CHAGALL LN SFR 0.37 266.93 211.12
694-270-045 73720 VERMEER WAY SFR 0.37 266.93 211.12
694-270-046 73706 VERMEER WAY SFR 0.37 266.93 211.12
694-270-047 73692 VERMEER WAY SFR 0.37 266.93 211.12
694-270-048 73678 VERMEER WAY SFR 0.37 266.93 211.12
694-270-049 73664 VERMEER WAY SFR 0.37 266.93 211.12
694-270-050 73650 VERMEER WAY SFR 0.37 266.93 211.12
694-270-051 73636 VERMEER WAY SFR 0.37 266.93 211.12
694-270-052 73622 VERMEER WAY SFR 0.37 266.93 211.12
694-270-053 73625 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-054 73639 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-055 73653 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-056 73667 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-057 73681 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-058 73695 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-059 73709 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-060 73723 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-061 73702 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-062 73688 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-063 73674 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-064 73660 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-065 73646 OKEEFFE WAY SFR 0.37 266.93 211.12
694-270-066 73632 OKEEFFE WAY SFR 0.37 266.93 211.12
694-280-002 35894 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-003 35908 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-004 35922 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-005 35936 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-006 35950 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-007 35943 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-008 35929 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-009 35915 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-010 35901 RAPHAEL DR SFR 0.36 258.07 204.12
694-280-011 73894 CEZANNE DR SFR 0.36 258.07 204.12
694-280-012 73908 CEZANNE DR SFR 0.36 258.07 204.12
694-280-013 73922 CEZANNE DR SFR 0.36 258.07 204.12
694-280-014 73936 CEZANNE DR SFR 0.36 258.07 204.12
694-280-018 73915 CEZANNE DR SFR 0.36 258.07 204.12
694-280-019 73901 CEZANNE DR SFR 0.36 258.07 204.12
694-280-020 73887 CEZANNE DR SFR 0.36 258.07 204.12
694-280-021 73873 CEZANNE DR SFR 0.36 258.07 204.12
694-280-022 73859 CEZANNE DR SFR 0.36 258.07 204.12
694-280-023 73824 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-024 73838 VAN GOGH DR SFR 0.36 258.07 204.12
276
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-280-025 73852 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-026 73866 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-027 73859 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-028 73845 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-029 73831 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-030 73817 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-031 73803 VAN GOGH DR SFR 0.36 258.07 204.12
694-280-032 73758 MONET DR SFR 0.36 258.07 204.12
694-280-033 73772 MONET DR SFR 0.36 258.07 204.12
694-280-034 73786 MONET DR SFR 0.36 258.07 204.12
694-280-035 73800 MONET DR SFR 0.36 258.07 204.12
694-280-036 73814 MONET DR SFR 0.36 258.07 204.12
694-280-047 73880 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-048 73894 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-049 73908 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-050 73922 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-051 73936 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-052 73828 MONET DR SFR 0.31 223.35 176.64
694-280-053 73842 MONET DR SFR 0.31 223.35 176.64
694-280-054 73901 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-055 73887 VAN GOGH DR SFR 0.31 223.35 176.64
694-280-056 73873 VAN GOGH DR SFR 0.31 223.35 176.64
694-431-001 34130 GATEWAY DR ##A100 COM 0.20 148.76 117.64 694-431-002 34130 GATEWAY DR ##A110 COM 0.20 148.76 117.64 694-431-003 34130 GATEWAY DR ##A120 COM 0.20 148.76 117.64 694-431-004 34130 GATEWAY DR ##A200 COM 0.20 148.76 117.64 694-431-005 34130 GATEWAY DR ##A210 COM 0.20 148.76 117.64 694-431-007 34100 GATEWAY DR ##B100 COM 0.14 98.95 78.26 694-431-008 34100 GATEWAY DR ##B110 COM 0.14 98.95 78.26 694-431-009 34100 GATEWAY DR ##B120 COM 0.14 98.95 78.26 694-431-010 34100 GATEWAY DR ##B130 COM 0.14 98.95 78.26 694-431-011 34100 GATEWAY DR ##B200 COM 0.14 98.95 78.26 694-431-012 34100 GATEWAY DR ##B210 COM 0.14 98.95 78.26 694-431-013 34100 GATEWAY DR ##B220 COM 0.14 98.95 78.26 694-431-014 34100 GATEWAY DR ##B230 COM 0.14 98.95 78.26 694-431-015 34100 GATEWAY DR ##B240 COM 0.14 98.95 78.26 694-431-017 34160 GATEWAY DR ##C100 COM 0.26 187.83 148.56 694-431-018 34160 GATEWAY DR ##C110 COM 0.26 187.83 148.56 694-431-019 34160 GATEWAY DR ##C120 COM 0.26 187.83 148.56 694-431-021 34190 GATEWAY DR ##D100 COM 0.30 217.88 172.32 694-431-022 34190 GATEWAY DR ##D110 COM 0.30 217.88 172.32 694-431-023 34190 GATEWAY DR ##D120 COM 0.30 217.88 172.32 694-431-025 34220 GATEWAY DR ##E100 COM 0.26 187.83 148.56 694-431-026 34220 GATEWAY DR ##E110 COM 0.26 187.83 148.56 694-431-027 34220 GATEWAY DR ##E120 COM 0.26 187.83 148.56 694-431-029 34250 GATEWAY DR ##F100 COM 0.31 225.39 178.26 694-431-030 34250 GATEWAY DR ##F110 COM 0.31 225.39 178.26 694-431-031 34250 GATEWAY DR ##F120 COM 0.31 225.39 178.26 277
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-431-032 34250 GATEWAY DR ##F130 COM 0.31 225.39 178.26 694-431-034 34280 GATEWAY DR ##G100 COM 0.37 266.71 210.94 694-431-035 34280 GATEWAY DR ##G110 COM 0.37 266.71 210.94 694-431-036 34280 GATEWAY DR ##G120 COM 0.37 266.71 210.94 694-440-001 73957 RUBENS LN SFR 0.36 258.07 204.12
694-440-002 73943 RUBENS LN SFR 0.36 258.07 204.12
694-440-003 73929 RUBENS LN SFR 0.36 258.07 204.12
694-440-004 73793 MONET DR SFR 0.36 258.07 204.12
694-440-005 73779 MONET DR SFR 0.36 258.07 204.12
694-440-006 73765 MONET DR SFR 0.36 258.07 204.12
694-440-007 73751 MONET DR SFR 0.36 258.07 204.12
694-440-010 73950 VAN GOGH DR SFR 0.31 223.35 176.64
694-440-011 73964 VAN GOGH DR SFR 0.31 223.35 176.64
694-440-012 73978 VAN GOGH DR SFR 0.31 223.35 176.64
694-440-013 73992 VAN GOGH DR SFR 0.31 223.35 176.64
694-440-014 73930 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-015 73944 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-016 73958 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-017 73972 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-018 73986 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-019 73993 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-020 73979 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-021 73965 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-022 73951 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-023 73937 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-024 73923 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-025 73909 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-026 73895 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-027 73881 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-028 73867 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-029 73853 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-030 73839 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-031 73825 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-032 73811 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-033 73797 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-034 73783 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-035 73769 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-036 73755 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-037 73741 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-038 73734 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-039 73748 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-040 73762 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-041 73776 MONDRIAN PL SFR 0.31 223.35 176.64
694-440-042 73821 MONET DR SFR 0.31 223.35 176.64
694-440-043 73807 MONET DR SFR 0.31 223.35 176.64
694-440-044 73856 MONET DR SFR 0.31 223.35 176.64
694-440-045 73870 MONET DR SFR 0.31 223.35 176.64
694-440-046 73943 VAN GOGH DR SFR 0.31 223.35 176.64
278
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-440-047 73929 VAN GOGH DR SFR 0.31 223.35 176.64
694-440-048 73915 VAN GOGH DR SFR 0.31 223.35 176.64
694-490-001 73298 WARHOL LN SFV 0.35 252.48 199.68
694-490-002 73312 WARHOL LN SFV 0.35 252.48 199.68
694-490-003 73326 WARHOL LN SFR 0.35 252.48 199.68
694-490-004 73340 WARHOL LN SFR 0.35 252.48 199.68
694-490-005 73354 WARHOL LN SFR 0.35 252.48 199.68
694-490-006 73368 WARHOL LN SFV 0.35 252.48 199.68
694-490-007 73382 WARHOL LN SFV 0.35 252.48 199.68
694-490-008 73396 WARHOL LN SFV 0.35 252.48 199.68
694-490-009 73410 WARHOL LN SFV 0.35 252.48 199.68
694-490-010 35565 PERUGINO TER SFV 0.35 252.48 199.68
694-490-011 35579 PERUGINO TER SFR 0.35 252.48 199.68
694-490-012 35593 PERUGINO TER SFR 0.35 252.48 199.68
694-490-013 35607 PERUGINO TER SFR 0.35 252.48 199.68
694-490-014 35621 PERUGINO TER SFR 0.35 252.48 199.68
694-490-015 35635 PERUGINO TER SFR 0.35 252.48 199.68
694-490-016 35649 PERUGINO TER SFR 0.35 252.48 199.68
694-490-017 35663 PERUGINO TER SFR 0.35 252.48 199.68
694-490-018 35677 PERUGINO TER SFR 0.35 252.48 199.68
694-490-019 35691 PERUGINO TER SFR 0.35 252.48 199.68
694-490-020 35705 PERUGINO TER SFR 0.35 252.48 199.68
694-490-021 35719 PERUGINO TER SFR 0.35 252.48 199.68
694-490-022 35733 PERUGINO TER SFR 0.35 252.48 199.68
694-490-023 35747 PERUGINO TER SFR 0.35 252.48 199.68
694-490-024 35738 PERUGINO TER SFR 0.35 252.48 199.68
694-490-025 35724 PERUGINO TER SFR 0.35 252.48 199.68
694-490-026 35710 PERUGINO TER SFR 0.35 252.48 199.68
694-490-027 35696 PERUGINO TER SFR 0.35 252.48 199.68
694-490-028 35682 PERUGINO TER SFR 0.35 252.48 199.68
694-490-029 35668 PERUGINO TER SFR 0.35 252.48 199.68
694-490-030 35654 PERUGINO TER SFR 0.35 252.48 199.68
694-490-031 35640 PERUGINO TER SFR 0.35 252.48 199.68
694-490-032 35626 PERUGINO TER SFR 0.35 252.48 199.68
694-490-033 35612 PERUGINO TER SFR 0.35 252.48 199.68
694-490-034 35598 PERUGINO TER SFR 0.35 252.48 199.68
694-490-035 35584 PERUGINO TER SFR 0.35 252.48 199.68
694-490-036 35570 PERUGINO TER SFV 0.35 252.48 199.68
694-490-037 35575 PASINI TER SFV 0.35 252.48 199.68
694-490-038 35589 PASINI TER SFR 0.35 252.48 199.68
694-490-039 35603 PASINI TER SFR 0.35 252.48 199.68
694-490-040 35617 PASINI TER SFR 0.35 252.48 199.68
694-490-041 35631 PASINI TER SFR 0.35 252.48 199.68
694-490-042 35645 PASINI TER SFR 0.35 252.48 199.68
694-490-043 35659 PASINI TER SFR 0.35 252.48 199.68
694-490-044 35673 PASINI TER SFR 0.35 252.48 199.68
694-490-045 35687 PASINI TER SFR 0.35 252.48 199.68
694-490-046 35701 PASINI TER SFR 0.35 252.48 199.68
279
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-490-047 35715 PASINI TER SFR 0.35 252.48 199.68
694-490-048 35729 PASINI TER SFR 0.35 252.48 199.68
694-490-049 35743 PASINI TER SFR 0.35 252.48 199.68
694-500-001 73458 HENRI DR SFV 0.35 252.48 199.68
694-500-002 73472 HENRI DR SFV 0.35 252.48 199.68
694-500-003 73486 HENRI DR SFV 0.35 252.48 199.68
694-500-004 73500 HENRI DR SFV 0.35 252.48 199.68
694-500-005 73514 HENRI DR SFV 0.35 252.48 199.68
694-500-006 73528 HENRI DR SFV 0.35 252.48 199.68
694-500-007 73542 HENRI DR SFV 0.35 252.48 199.68
694-500-008 73556 HENRI DR SFV 0.35 252.48 199.68
694-500-009 73570 HENRI DR SFV 0.35 252.48 199.68
694-500-010 73584 HENRI DR SFV 0.35 252.48 199.68
694-500-011 73598 HENRI DR SFV 0.35 252.48 199.68
694-500-012 73612 HENRI DR SFV 0.35 252.48 199.68
694-500-013 73626 HENRI DR SFV 0.35 252.48 199.68
694-500-014 73686 HENRI DR SFV 0.35 252.48 199.68
694-500-015 73700 HENRI DR SFV 0.35 252.48 199.68
694-500-016 73714 HENRI DR SFV 0.35 252.48 199.68
694-500-017 73711 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-018 73697 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-019 73683 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-020 73669 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-021 73655 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-022 73641 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-023 73627 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-024 73613 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-025 73609 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-026 73595 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-027 73581 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-028 73567 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-029 73553 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-030 73539 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-031 73525 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-032 73511 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-033 73497 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-034 73483 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-035 73469 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-036 73455 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-037 73452 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-038 73466 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-039 73480 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-040 73494 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-041 73508 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-042 73522 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-043 73536 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-044 73550 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-045 73564 RAPHAEL DR SFV 0.35 252.48 199.68
280
APN Situs Address Land Use Benefit Units Maximum Special Assessment Charge
City of Palm Desert
Benefit Assessment District No. 1
Final Prelim Report (Sorted by Assessor's Parcel Number "APN") Fiscal Year 2024/25
694-500-046 73578 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-047 73592 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-048 73606 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-049 73620 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-050 73634 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-051 73648 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-052 73676 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-053 73690 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-054 73704 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-055 73718 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-056 73732 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-057 73746 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-058 73760 RAPHAEL DR SFV 0.35 252.48 199.68
694-500-059 73801 HENRI DR SFV 0.35 252.48 199.68
694-500-060 73787 HENRI DR SFV 0.35 252.48 199.68
694-500-061 73773 HENRI DR SFV 0.35 252.48 199.68
694-510-001 NO SITUS AVAILABLE CMV 11.72 8,506.97 6,728.54 694-510-013 NO SITUS AVAILABLE CMV 20.36 14,776.07 11,687.04 694-510-014 NO SITUS AVAILABLE CMV 18.58 13,484.25 10,665.28 Summary Fields Value
APN Total: 787
EBU Total: 453.66
Max Sp Assess: $329,236.26
Charge Total: $260,401.70
281
282
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 9, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: INTRODUCTION OF AN ORDINANCE ADDING SECTION 2.38.070 TO
THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE
ELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE
DISCLOSURE STATEMENTS
RECOMMENDATION:
Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM DESERT
MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS.”
BACKGROUND/ANALYSIS:
Assembly Bill 2452 (AB 2452) went into effect on January 1, 2013, which added Government Code §84615. This law allows a local government agency to mandate online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports, or other documents under the Political Reform Act, so long as the filer receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year.
The California Fair Political Practices Commission supports and encourages efforts to move from a paper-based reporting system to an electronic system. Electronic filing makes it easier for officials to comply with reporting obligations and provides the public with the information in a more accessible and consistent format.
On January 1, 2021, Assembly Bill 2151 (AB 2151) went into effect requiring a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format. This bill requires that the statement, report, or other document be made available for four years from the date of the election associated with the filing.
All Fair Political Practices Commission (FPPC) forms are public records. By shifting to an electronic system, the public can directly access campaign finance statements on the City’s website. The system is also beneficial to the end user by providing multiple prompts to ensure timely filing, storing previous statements for user reference, and permitting a single filing for multiple offices. Additionally, filers submitting their campaign finance statements electronically will greatly help with reducing the labor of complying with AB 2151. 283
City of Palm Desert
Ordinance – Electronic Filing of Campaign Finance Disclosure Statements
For the City to use and accept electronic campaign filings, the City Council must adopt an Ordinance with required findings approving the use of an electronic system, which includes that the system:
Will operate securely and effectively and will not unduly burden filers; Must be available free of charge to filers and the public for viewing filings; and Must include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
Although State law authorizes the City to mandate electronic filing, staff recognizes that such mandate could have a direct effect on those committees or individuals who do not have computer access or familiarity with computer programs. To ensure that the same opportunity to comply with the Political Reform Act is afforded to all committees/individuals without unduly burdening anyone, the City Clerk recommends the City Council approve an Opt-In/Out Program. In short, to ensure reporting continuity and accurate accounting of contributions/expenditures, once a committee/individual chooses to file a report electronically, the committee/individual is deemed “opted-in” and shall be required to file all future statements electronically using the City Clerk’s system. On the other hand, any committee/individual who wishes to continue to paper-file may “opt-out” of the electronic filing system by filing all original statements with the City Clerk. Should a committee/individual choose to only paper-file, the City Clerk will continue to accept such reports until the committee/individual “opts-in”.
Proposed Electronic System
Since April 2022, the City has contracted with NetFile for software to allow for the electronic filing of Statements of Economic Interest (Form 700). The implementation of this software was successful and has significantly improved the compliance rate and reduced user errors.
Subsequently, the City amended the contract to add an online AB 1234 Ethics Training module for elected and appointed officials. The implementation of this module improved the efficiency of tracking compliance and issuing notifications and reminders about upcoming deadlines.
City staff has negotiated with NetFile who has agreed to allow the City to use the electronic filing system for campaign finance disclosure documents as a pilot program through June 30, 2025, without charge. If the City decides to end the pilot program, NetFile will transfer all stored data to the City and the program will end. Otherwise, the contract will automatically be renewed for a term ending June 30, 2028, at a three-year guaranteed price of $1,600 annually.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with enacting the subject ordinance. If approved, the City will commence a pilot program through June 30, 2025, to allow for the electronic filing of campaign finance disclosure documents. If successful, the contract will be automatically renewed at a three-year guaranteed price of $1,600 annually.
ATTACHMENT:
1. Draft Ordinance
284
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM
DESERT MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER
METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE
STATEMENTS
City Attorney’s Summary
The purpose of this ordinance is to amend the Palm Desert Municipal Code to allow for the electronic or paper filing of campaign finance disclosure statements required by Chapter 4 of the Political Reform Act.
WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and
WHEREAS, the City will enter into an agreement with a vendor qualified by the Secretary of State for campaign disclosure documents that meets the requirements set by Government Code Section 84615; and
WHEREAS, the City Council approves the use of an electronic system, which includes that: it will operate securely and effectively and will not unduly burden filers; it must be available free of charge to filers and the public for viewing filings; and it must include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted as findings of the City Council.
285
Ordinance No. _____ Page 2
SECTION 2. The City Council hereby approves the addition of Section 2.38.070, Campaign Finance Disclosure Statements - Electronic Filing System, to be added to Chapter 2.38, General Municipal Elections, to read as follows:
Section 2.38.070 Campaign Finance Disclosure Statements - Electronic Filing System
A. Required Use of Electronic Filing System.
1. Except as set forth in subsection B of this Section 2.38.070, any elected officer, candidate, committee, other person required to file specified statements, reports, forms, or other documents with the City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may electronically file such statements using the City's online system according to procedures established by the City Clerk.
However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate, committee, or other person must be filed electronically.
2. An elected officer, candidate, committee, or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.
B. Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the City's online system is not required to file a copy of that document in a paper format with the City Clerk.
C. Filing Options When a Copy Must be Filed with the City Clerk. In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk or may file in a paper format.
D. Paper Filing When Cannot File Electronically. If, for technical reasons, the City's system is not capable of accepting a particular type of statement, report, form, or other document, an elected officer, candidate, committee, or other person shall timely file that document in paper format with the City Clerk. 286
Ordinance No. _____ Page 3
E. Internet Posting of Data. The City Clerk shall ensure that the City's system makes all electronically filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.
F. Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.
Section 3. Severability. If any section, subsection, clause, or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 18. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
287
Ordinance No. _____ Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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
288
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 9, 2024
PREPARED BY: Neal Ennis, Project Manager
REQUEST: REQUEST FOR DIRECTION REGARDING LUPINE PLAZA PROJECT CST00015
RECOMMENDATION:
Provide staff direction on the Lupine Plaza Project CST00015.
BACKGROUND/ANALYSIS:
In September 2020, as a response to the State of California’s COVID-19 restrictions on business operations, the City of Palm Desert installed a temporary plaza and closed traffic for a section of Lupine North of El Paseo. The plaza provided an outdoor rest and eating area for visitors to El Paseo and a space for local restaurants to serve food. The temporary plaza was removed in December of 2021.
In April 2022, the City Council authorized staff to work with M.I.G. Consultants to explore various options to reinstate the elements of the temporary Lupine Plaza. Attached to this report is the consultant’s study, which includes two options for various degrees of improvements to the corridor:
Option 1: “Slow Street” – vehicle lanes remain open, pedestrian enhancements. Option 2: “Permanent One-Way Street and plaza – one-way northbound, pedestrian amenities.”
Option 3: “Full Permanent Plaza” – close the street to vehicle traffic and add pedestrian amenities.
On June 23, 2022, the City Council directed city staff to proceed with Option 3 (“Full Permanent Plaza”) of the conceptual design package, and appropriated $4,000,000 to fund the project.
On September 29, 2022, the City Council approved a contract with Interwest to prepare the necessary documents to move forward with Option 3.
After the City Council’s decision to proceed with Option 3, property and business owners, in proximity to Lupine, expressed concern with the full street closure and requested a reduction to the project scope to keep the street open for vehicular traffic. Staff continued to engage these owners to provide project updates. General feedback from this group confirmed that the reduced project scope included in Option 1 (“Slow Street”) would be better supported.
In June 2023, staff returned to City Council with the property and business owner feedback and revisited the three design options. The City Council approved staff to decrease the scope of the project and proceed with Option 1.
289
City of Palm Desert
Request for Direction - Lupine Plaza
Staff and Interwest held a Lupine Lane Community Meeting in February 2024 with respective stakeholders and participants to discuss and identify project design preferences, as it related to the narrowing of the street or single-side sidewalk expansion. A preferred design selection was unable to be obtained from the group, as the discussion was primarily centered around the participants not wanting either version of the project. The overall feedback was that the project was not an efficient improvement to the adjacent business corridor and would potentially cause unwanted impacts, such as commerce disruption, vagrancy, and loss of parking.
Staff presented the project to the El Paseo Parking and Business Improvement District (EPPBID) Board Members in February 2024, which also yielded criticism and concerns similar to the Lupine Lane Community Meeting. The EPPBID recommended staff to focus their efforts on other areas of El Paseo, specifically El Paseo from Portola to Hwy 111.
Given the feedback received from the recent public engagement meetings, staff requests City Council’s direction on the following two (2) choices regarding the Lupine Plaza Project:
1. Proceed with the design and construction of Option 1 (“Slow Street”) project. - OR -
2. Discontinue the current project.
Strategic Plan:
Land Use, Housing & Open Space – Priority 1: “Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses.” Land Use, Housing & Open Space – Priority 5: “Utilize progressive land-use policies and standards to support ongoing future needs.”
Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.”
Transportation – Priority 1: “Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreations, and open space to reduce the use of low occupancy vehicles.” FINANCIAL IMPACT:
Budget in the amount of $4,000,000 was approved for this project. To date, $562,135 has been encumbered with Interwest Consulting Group Inc for design. The table below provides the financial impacts of the two options as presented.
Option 1 Option 2
Slow Street Discontinue
Original Capital Budget 4,000,000 4,000,000
Less: Design Contract/Costs to Date (562,135) (170,832) Less: Est. Construction Costs (1,356,892) -
Est. Funds Available for Reallocation 2,080,973 3,829,168 Lupine Plaza
Project
290
City of Palm Desert
Request for Direction - Lupine Plaza
ATTACHMENTS:
1. M.I.G. Conceptual Design Alternatives
2. Interwest Presentation Boards
3. Interwest Lupine Lane 30% Furnishing Package
4. Interwest Lupine Plaza 30% Design
5. Lupine Power Point
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LUPINE LANE | CITY OF PALM DESERT
LUPINE LANE
307
LUPINE LANE | CITY OF PALM DESERT
SITE IMPROVEMENTS LUPINE LANE
HARDSCAPE PLAN
HARDSCAPE SCHEDULE FURNISHING SCHEDULE
308
LUPINE LANE | CITY OF PALM DESERT
EXISTING CONTEXT + CHARACTER
309
LUPINE LANE | CITY OF PALM DESERT
HS-101
CITY SHALL FURNISH IW OF ANY CITY-STANDARDS THE CITY WISHES TO USE FOR THESE IMPROVEMENTS IN LIEU OF THE PROPOSED PALETTE; CITY SHALL APPROVE OR DENY PROPOSED MATERIALS AND COLOR SELECTIONS.
HS-102
HS-103 HS-104
HARDSCAPE PLAN HARDSCAPE SCHEDULE
HARDSCAPE PALETTE
SIKACOLOR
U12 SUNSET BEIGE
310
LUPINE LANE | CITY OF PALM DESERT
FURNISHING PROPOSED TO BE REVIEWED AND APPROVED BY CITY; IF CITY DESIRES ANY STANDARD FURNISHING THE CITY SHALL ISSUE TO IW THE APPROPRIATE MANUFACTURER AND MODEL NUMBERS.
FN-101 FN-102
HARDSCAPE PLAN FURNISHING SCHEDULE
FURNISHING PALETTE
311
LUPINE LANE | CITY OF PALM DESERT
FURNISHING PALETTE
36 BENCHES
www.urbastyle.com
by phone 800.388.8728 | mail [email protected] | wausautile.com
BENCHES BENCH SWEEP
PRODUCT DESCRIPTION
Characteristics
Prefabricated concrete element
Finish:
> Acid wash : a light acid etch finish with an even and flat texture across the entire surface
> Weatherstone : a sandblast finish exposing rock and giving a subtle texture and weathered look
> Ground & polished: a flat, smooth and polished surface with exposed rock and matrix
Free standing
Factory sealed
Delivery information
Delivery only on pallets
PROJECT STUDY INFORMATION
Specific dimensions in custom manufacturing (only on order): on demand
SHIPPING FEES
On demand
COLORS
! Special custom manufacturing. Order and delivery time on request Element Length
inch
Width
inch
Height
inch
Weight
lbs/p
ZB.SW.01 72 varies 17 3/4 1,030 - 2,065
SHAPE
HANDLING*
1’-4½” 7”
1’-11½”
1’-5¾”
72”
72”
3¾” 1’-7¾”
1½” 69” 1½”
Top View
Front View
Side View
Handling
Geometry
1’-4½” 7”
72”
72”
3¾” 1’-7¾”
69” 1½”
Side View
Handling
1’-4½” 7”
1’-11½”
1’-5¾”
72”
72”
3¾” 1’-7¾”
1½” 69” 1½”
Top View
Front View
Side View
Handling
Geometry
1’-4½” 7”
1’-11½”
1’-5¾”
72”
72”
3¾” 1’-7¾”
1½” 69” 1½”
Top View
Front View
Side View
Handling
Geometry
1’-4½” 7”
72”
72”
3¾” 1’-7¾”
69” 1½”
Side View
Handling
To match is there
also a bench Sweep
with length 48”
available
Markus Kurkowski
DESIGNER
Acid wash Weatherstone Ground & Polished
A20 - White W20 - White G20 - White
A21 - Buff W21 - Buff G21 - Buff
A22 - Sand W22 - Sand G22 - Sand
A23 - Gray W23 - Gray G23 - Gray
A24 - Brick red W24 - Brick red G24 - Brick red
A25 - Brown W25 - Brown G25 - Brown
A26 - Charcoal W26 - Charcoal G26 - Charcoal
A30 - Star W30 - Star G30 - Star
A31 - Fog W31 - Fog G31 - Fog
A38 - Night W33 - Misty gray G33 - Misty gray
W38 - Night G38 - Night
FN-101 FN-102
312
LUPINE LANE | CITY OF PALM DESERT
CX PD
PLANTING PLAN PLANT SCHEDULE
LANDSCAPE PALETTE
313
LUPINE LANE | CITY OF PALM DESERT
LANDSCAPE PALETTE
PLANTING PLAN PLANT SCHEDULE
BACCHARIS X
‘THOMPSON’
LAVANDULA
ANGUSTIFOLIA
OPUNTIA
MICRODASYS
DASYLIRION
WHEELERI
HESPERALOE
PARVIFLORA
ECHINOCACTUS
GRUSONII
INORGANIC MATERIALS
314
5 OF SHEET SHEETS BENCHMARK LOCATION BASIS OF BEARINGS ELEVATION DATUM CITY OF PALM DESERT PROJECT C44190 TITLE SHEET LUPINE LANE UNDERGROUND SERVICE ALERT AT LEAST TWO DAYS BEFORE YOU DIG 811 DIAL TOLL FREE Dig Safely DIG ALERT OF SOUTHERN CALIFORNIA SLP SLP GL CHECKED BY DRAWN BY DESIGNED BY C-100 ANY MODIFICATION OF THIS PLAN MUST BE APPROVED BY THE CITY PRIOR TO CONSTRUCTION CITY PERMIT #: CITY ISSUE DATE: FOR CITY USE ONLY 30% PRELIMINARY SET NOT FOR CONSTRUCTION BENCHMARK VICINITY MAP WS NE N.T.S. CIVIL ENGINEER GLEN LEWIS, PE INTERWEST CONSULTANT GROUP 1500 S. HAVEN AVENUE, STE. 220 ONTARIO, CA 91761 TEL: 909.618.7384 GEOTECHNICAL ENGINEER NINYO & MOORE 1500 S HAVEN AVE, STE. 220 ONTARIO, CA 91761 TEL: 408.435.9000 LANDSCAPE ARCHITECT CALVIN, GIORDANO & ASSOCIATES, INC. 1800 ELLER DRIVE, STE 600 FORT LAUDERDALE, FL 33316 TEL: 954.921.8807 315 LEGEND COLD MILL AND OVERLAY 2" EXISTING ASPHALT CONCRETE CONSTRUCT PCC SIDEWALK (DEPTH PER PLAN) EXISTING CLASS II AGGREGATE BASE B B C C A A WS NE 30% PRELIMINARY SET NOT FOR CONSTRUCTION316 WS N LEGEND E REMOVE EXISTING PAVEMENT APPROX. 5-INCH DEPTH ASPHALT OR APPROX. 4-6-INCH DEPTH CONCRETE 30% PRELIMINARY SET NOT FOR CONSTRUCTION317 WS NE LEGEND COLD MILL AND OVERLAY 2" CONSTRUCT 4" PCC SIDEWALK 30% PRELIMINARY SET NOT FOR CONSTRUCTION318 30% PRELIMINARY SET NOT FOR CONSTRUCTION319
320
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 9, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director REQUEST: APPEAL OF THE DEVELOPMENT SERVICES DIRECTOR
DETERMINATION THAT A LIVING ROOM CANNOT BE COUNTED AS A
BEDROOM FOR PURPOSES OF A SHORT-TERM RENTAL
RECOMMENDATION:
1. Find that this report, including attachments, and any additional evidence provided at the hearing provides satisfactory evidence that the Development Services Director’s determination was correct.
2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, UPHOLDING THE DEVELOPMENT SERVICES
DIRECTOR DETERMINATION THAT A LIVING ROOM CANNOT BE COUNTED AS A
BEDROOM FOR PURPOSES OF A SHORT-TERM RENTAL AND MAKING FINDINGS IN SUPPORT THEREOF.”
BACKGROUND/ANALYSIS:
APPLICANT’S INITIAL REQUEST
On March 5, 2024, the Development Service Director (“Director”) sent an email (see Attachment 2) to Ms. Carrie Kropfl of Casa Monterey 239, LLC (“Owner”) clarifying that a living room cannot be used as a bedroom for purposes of Short-Term Rental (“STR”). The Director included the following interpretation of a bedroom for purposes of a STR:
For purposes of the short-term rental regulations, I have interpreted bedroom to mean a private room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the egress/rescue requirements, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom. This is based in part on the city’s ordinance allowing for on-site and off-site owners. On-site means they are present and must stay at the property and the intent would be that a guest would have a private room. If you wish to convert your living room to a bedroom, Jason [Finley] can assist with what permits would be needed.
Prior to this date, and up to Director’s determination letter provided on March 25, 2024, there were numerous emails and phone calls with staff and the Owner requesting that the Property be permitted as a three-bedroom STR unit.
321
City of Palm Desert
Appeal of STR Bedroom Determination
SHORT-TERM RENTAL (STR) PERMIT HISTORY
In November 2021, the Owner purchased a condominium unit at 239 Serna Drive in Palm Desert (“Property”). In January 2022, the Owner applied for and was issued a STR Permit for a threebedroom unit. In 2023, the Owner renewed their STR Permit for a three-bedroom unit. Beginning in July 2023 the Development Services Department created internal procedures with staff to ensure that the regulations adopted by City Council were being enforced when applications were submitted, including renewals of STR permits.
On January 24, 2024, the Owner applied to renew their permit for a 3-bedroom STR unit.
Consistent with new procedures, staff confirmed the number of bedrooms through the Riverside County Assessor and separate property details available to staff from RealQuest and Lawyers Title (see Attachment 3) which showed a 2-bedroom unit for this Property. Staff also reviewed building permit records and there were no building permits for a bedroom addition.
On February 1, 2024, the Owner revised their renewal request for a 2-bedroom STR unit and staff approved and issued a renewal of STR Permit NO. STR2022-0020.
It should also be noted that the Riverside County Assessor (“Assessor”) records for the Property showed the unit as having 2-bedrooms and a den/family room when the application for renewal was reviewed. However, on March 4, 2023, at the Owners request, the Assessor changed the property record to reflect 3-bedrooms and with no den/family (see Attachment 4).
These facts are contrary to the Appellants statement that “Nothing has changed during the decades where the Property was classified as a three-bedroom condo. The city should continue to recognize the Property as a three-bedroom condo and allow the Kropfl's to market and rent it as a three-bedroom.”
DIRECTOR’S DETERMINATION/INTERPRETATION
On March 25, 2024, the Owner sent an email clarifying that they would like to submit an appeal on three items (see Attachment 5). Pursuant to PDMC § 2.72.020 the Director provided a written decision (see Attachment 6) to the Owner on March 25 for the following three requested items:
1. Can you continue to use the third bedroom (den), based on the floor plans provided?
2. Can you use the living room as a bedroom to sleep two additional guests for a Short-Term Rental?
3. Can up to four overnight guests per bedroom be permitted for a Short-Term Rental? Included in that written decision was the response to each of the three questions, the authority for that determination/interpretation (Director or Building Official), and the appeal process/body for each.
322
City of Palm Desert
Appeal of STR Bedroom Determination
Request 1. The determination for Request #1 was made by the Building Official as authorized by the California Building Code.
Chapter 2.18 of the PDMC establishes a Building Board of Appeals (“Board”) to hear appeals regarding the interpretation of the California Building Code by the Building Official. The appeal of this request is scheduled to be considered by the Board on May 23, 2024.
The Board’s decision may be appealed to the City Council and therefore the specifics of this request should not be discussed or considered at this time.
Request 2. The determination for this request was made by the Development Services (Community Development) Director under the authority granted by PDMC Chapter 2.12.
The Director’s determination was related to PDMC Chapter 5.10, which is under Title 5 Business Taxes, Licenses, and Regulations which is NOT part of the City’s Zoning Code.
As a result, an appeal of the Director’s determination/interpretation is considered by the City Council in accordance with PDMC Chapter 2.72.
After extensive research, the Director issued his determination based on two factors:
1) The Director concluded that based on the language contained in PDMC §5.10.090(G) which establishes that the maximum number of overnight guests shall not exceed two persons per bedroom coupled with fact that on-site STR owners must occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests. In other words, a one-bedroom unit CANNOT be issued an On-Site Short Term Rental Permit, because the On-Site Owner must be present and must stay at the property in a bedroom; not a living room or having the ability to share the rented bedroom.
2) Due to the lack of a definition of a bedroom and for purposes of Chapter 5.10 Short Term Rentals, the Director interpreted a bedroom room to mean:
A private room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the Emergency Escape and Rescue Opening requirements of the California Building code, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom.
Request 3. PDMC §5.10.090(G) explicitly states that the maximum number of overnight guests shall not exceed two persons per bedroom. This was not a matter of interpretation, but a strict code requirement. As such, there is no right to appeal because it does not involve the exercise of administrative discretion or personal judgment (see PDMC §2.72.010(B)). 323
City of Palm Desert
Appeal of STR Bedroom Determination
LETTER OF APPEAL
On April 4, 2024, an appeal was filed (see Attachment 7) by Mr. Shaun Murphy, of Slovak Brown Empey Murphy & Pinkney LLP (“Appellant”), on behalf of the Owner for the following:
1. Whether the Kropfl's may continue to use the third bedroom (den) for short-term rentals.
2. Whether the Kropfl's may use their code compliant living room as an additional sleeping room to accommodate two more guests.
DIRECTOR’S RESPONSE TO APPEAL LETTER
The following are specific responses to each issue submitted by the Appellant.
1. Whether the Kropfl’s may continue to use the third bedroom (den) for short-term rentals.
As stated above, this appeal is based on a determination made by the Building Official from the California Building Code and pursuant to PDMC must be heard by the City’s Building Board of Appeals. This appeal hearing is scheduled for May 23, 2024.
The Board’s decision may be appealed to the City Council and therefore the specifics of this request should not be discussed or considered at this time.
2. Whether the Kropfl’s may use their code compliant living room as an additional sleeping room to accommodate two more guests.
The Appellant incorrectly states in the appeal letter that this determination was made by the Building Official, when the Director’s written determination provided on March 25, 2024, clearly states that this determination was made by the Director.
The Appellant states that it is “puzzling” and believes the reference to PDMC §5.10.090(G) is irrelevant to defining the term “bedroom”. PDMC §5.10.090(G) includes the following language:
If the use is on-site owner short-term rental, the owner shall be deemed to occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests accordingly…
Based on this limitation imposed and the Director’s experience, this language aided in his determination that if it was City Council’s intent to allow an owner to stay in a room, other than a bedroom, then City Council would have not included this limitation.
The Appellant further disputes the Director’s interpretation that a bedroom must have a door and believes this interpretation is arbitrary. The Appellant’s basis is derived from the definition of “bedroom” from Merriam-Webster, Cambridge Dictionary, and Britannica Dictionary, and as stated in the appeal letter, “all which referenced a room for sleeping with no mention of a door.” The Appellant also conjectures in a footnote wondering how parents would react after learning that removing the door to their teenager’s bedroom, for whatever reason means that the room is no longer a bedroom.
324
City of Palm Desert
Appeal of STR Bedroom Determination
While the Appellants statements in general may seem reasonable, the fact is what is being considered is a dwelling that is being used for lodging purposes less than 27 consecutive days that must be licensed to do so. While the Appellant tries to provide an example in a “typical” family setting with parents and teenagers, the unit is question is NOT typical and the Owners are seeking a permit for the unit to be rented to a Transient1that is required to pay a Transient Occupant Tax (TOT) and a Tourism Business Improvement District (TBID) assessment. “Typical” residential properties are not required to be licensed or required to pay TOT or TBID. Only transit uses i.e. hotel, motel, bed and breakfast, and short-term rentals pay the TOT and TBID.
The Appellant provides the definition of “bedroom” but chooses to omit the definition of “living room.” Using the Appellant’s same references:
Merriam-Webster defines living room as, “a room in a residence used for the common social activities of the occupants.”
Cambridge Dictionary defines living room as “the room in a house or apartment that is used for relaxing in and entertaining guests.”
Britannica Dictionary defines living room as “a room in a house for general family use — usually singular.”
NOTE: None of the definitions define a living room as a room used for sleeping.
Additionally, these three dictionary references used by the Appellant provide for definitions for hotel, motel, and bed and breakfast; the transient uses the Director references and are defined as:
Merriam-Webster
Hotel - an establishment that provides lodging and usually meals, entertainment, and various personal services for the public.
Motel - an establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area.
Bed and Breakfast - an establishment (such as an inn) offering lodging and breakfast.
Cambridge Dictionary
Hotel - a building where you pay to have a room to sleep in, and where you can sometimes eat meals.
Motel - a hotel for people travelling by car, usually with spaces for cars next to each room.
Bed and Breakfast - a room to sleep in for the night and a morning meal, or a private house or small hotel offering this.
1 PDMC § 5.10.030 Definitions. “Transient” means any person who seeks to rent or who does rent a privatelyowned residential unit for a period less than twenty-seven consecutive days. 325
City of Palm Desert
Appeal of STR Bedroom Determination
Britannica Dictionary
Hotel - a place that has rooms in which people can stay especially when they are traveling: a place that provides food, lodging, and other services for paying guests. Motel - a place that is next to a road and that has rooms for people to stay in especially when they are traveling by car.
Bed and Breakfast - a house or small hotel in which someone can rent a room to sleep in for a price that includes breakfast the next morning.
Furthermore, the term “room” was a consistent term used in the definition to describe bedroom, living room, and within the three transient use types. Again, the Appellant’s referenced sources define a “room” as:
Merriam-Webster: Room - a partitioned part of the inside of a building especially such a part used as a lodging.
Cambridge Dictionary: Room - a part of the inside of a building that is separated from other parts by walls, floor, and ceiling.
Britannica Dictionary: Room - a part of the inside of a building that is divided from other areas by walls and a door and that has its own floor and ceiling.
Of the three “room” definitions, the Britannica Dictionary does explicitly include a door in their definition.
It should be further noted that the definitions of the three transient uses define it as a “room to stay”. What those transient uses definitions do not include is that the room has a door.
However, when staying at any transient use, whether that be a hotel, motel, bed and breakfast, or short-term rental, there is an expectation of privacy, and that form of privacy always involves a door to that room where a guest is staying. One could wonder how parents would react if they stayed with their teenager, or even staying alone in a hotel room, motel room, or short-term rental without a door.
CONCLUSION/RECOMMENDATION
Based on the Director’s determination provided on March 25, 2024, and the additional information provided in response to the Appellant’s letter, a living room cannot be counted as a bedroom for short-term rental.
Furthermore, it is reasonable to conclude that there is implied privacy when sleeping in any room, whether that be a hotel room, motel room, bedroom in a bed and breakfast, or bedroom in a short-term rental, and that implied privacy, while not always explicit (except for the definition of “room” from Britannica Dictionary) includes a door.
Legal Review:
This report has been reviewed by the City Attorney’s office. 326
City of Palm Desert
Appeal of STR Bedroom Determination
FINANCIAL IMPACT:
There is no financial impact associated with the item.
ATTACHMENTS:
1. Draft City Council Resolution
2. March 5, 2024, email to C. Kropfl from R. Cannone
3. Property details from RealQuest and Lawyers Title
4. Copy of Riverside County Assessor Audit Trail
5. March 25, 2024, email to C. Kropfl from R. Cannone
6. March 25, 2024, Director’s Written Determintion
7. April 4, 2024, Appeal of determination submitted by S. Murphy, Esq.
8. PowerPoint Presentation
327
328
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPHOLDING THE DEVELOPMENT SERVICES
DIRECTOR DETERMINATION THAT A LIVING ROOM CANNOT BE
COUNTED AS A BEDROOM FOR PURPOSES OF A SHORT-TERM
RENTAL AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, On March 25, 2024 the Development Services Director, in accordance with Palm Desert Municipal Code 2.72.020 provided as 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
WHEREAS, On April 9, 2024, Mr. Shaun Murphy, Esq. on behalf of the Applicant filed an appeal of the Development Services Director’s determination that a living room cannot count as a bedroom for purposes of a short-term rental unit; and WHEREAS, on May 9, 2024, the City Council 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 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 denial of the Applicants appeal are hereby adopted as follows:
1. PDMC §5.10.090(G) establishes that the maximum number of overnight guests shall not exceed two persons per bedroom coupled with fact that on-site shortterm rental owners must occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests. It was the intent of the City Council that this limitation would not allow any guests, or even an owner, to stay overnight in a room other than a bedroom.
2. The Development Services Director’s interpretation of a definition of bedroom for purposes of a short-term rental unit is correct, as stated, “a private room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the Emergency Escape and Rescue Opening requirements of the California Building code, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom.
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 329
Resolution No. 2024- ____
filed by Mr. Shaun Murphy, Esq., and upholds the Development Services Director’s determination that a living room cannot count as a bedroom for purposes of a short-term rental unit.
ADOPTED ON ______2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-____ 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 ____________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________, 2024. _________________
ANTHONY J. MEJIA
CITY CLERK
330
From: Richard Cannone
To: [email protected]
Cc: Rosie Lua; Jason Finley; Lorena Ritchey
Subject: RE: Monterey Country Club - Den and Bedroom Definition Date: Tuesday, March 5, 2024 1:53:00 PM
Attachments: image001.png
image002.png
image003.png
Ms. Kropfl:
Good afternoon. Lorena forwarded me your email below and I wanted to clarify the following:
1. Advertising number of bedrooms – The city does not regulate advertisements on private transactions.
2. The room adjacent to the atrium - The room attached to the atrium does not meet the definition of a bedroom because it cannot meet the emergency egress and rescue openings per the California Building Code.
3. Using the Living Room as a Bedroom – For purposes of the short-term rental regulations, I have interpreted bedroom to mean a private room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the egress/rescue requirements, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom. This is based in part on the city’s ordinance allowing for on-site and off-site owners. On-site means they are present and must stay at the property and the intent would be that a guest would have a private room. If you wish to convert your living room to a bedroom, Jason can assist with what permits would be needed.
Please let us know if you have any additional questions.
Best regards,
Richard
From: Lorena Ritchey <[email protected]>
Sent: Monday, March 4, 2024 2:58 PM
To: Richard Cannone <[email protected]>
Cc: Rosie Lua <[email protected]>; Jason Finley <[email protected]> Subject: Monterey Country Club - Den and Bedroom Definition Heads up and I believe you were working on a response to letter to this owner. She has reached out again with questions, and would like some answers.
Lorena Ritchey, CCEO
Management Analyst
City of Palm Desert
331
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6477 | www.palmdesert.gov From: Carrie Kropfl <[email protected]>
Sent: Monday, March 4, 2024 2:19 PM
To: Jason Finley <[email protected]>
Cc: Lorena Ritchey <[email protected]>
Subject: Re: Short-Term Rental Permit 239 Serena Dr, Palm Desert - Bedroom Definition STR2022-0020 Hi Jason and Lorena,I contacted the HOA at Monterey CC and the Monterey CC onsite leasing and sales office last week. They have been handing out floor plans for our unit (the Alhambra unit) that show it as a three bedroom (the room attached to the atrium as "bedroom #2). The Hi Jason and Lorena,
I contacted the HOA at Monterey CC and the Monterey CC onsite leasing and sales office last week. They have been handing out floor plans for our unit (the Alhambra unit) that show it as a three bedroom (the room attached to the atrium as "bedroom #2). The onsite leasing and sales office is also advertising these properties as a three bedroom "for sale or lease" (season and long-term leases). Are STR owners the only people that are not allowed to use and/or advertise their properties as 3 bedrooms?
Jason, you had mentioned a couple of weeks ago (when we met you in person) that you have been dealing with this issue with Monterey CC for the past decade and that they are fully aware that these are not legally three bedrooms. Can you forward the communication that you have had with them about this? We appreciate your help.
Sincerely,
Carrie Kropfl
949-554-4448
---------- Forwarded message ---------
From: Jason Finley <[email protected]>
Date: Tue, Feb 27, 2024 at 4:22 PM
Subject: RE: Short-Term Rental Permit 239 Serena Dr, Palm Desert - Bedroom Definition STR2022-0020 To: Carrie Kropfl <[email protected]>, Lorena Ritchey <[email protected]> Thank you for your email and information. I apologize for the delay; we are working through correspondence and meetings. I hope this email will suffice and put into writing the Building and Safety Division’s position rather than a phone call.
First, let me address a common question in the Short-Term Rental program “Why the change in my permit?” The answer is that when this program was created, it was presumed to address all the requirements. As the program was evaluated, staff observed the need to address and review what applicants were designating as bedrooms. This evaluation came from discovering that many applicants 332
were using areas that were either unpermitted or not qualified to be used as bedrooms (sleeping rooms). As with any program, a shift occurred to examine what areas were used, resulting in some permits being revoked or modified.
The red-outlined questions:
1. ATTACHED ARE THE TWO FLOOR PLANS THAT MONTEREY CC HOA PROVIDED ME WHEN I ASKED FOR THE ORIGINAL FLOOR PLANS FOR MY UNIT. BASED ON THESE FLOOR PLANS, MY UNIT IS WHAT THEY CALL THE "ALAHAMBRA PLAN" WHICH WAS BUILT AS A THREE BEDROOM (DUE TO THE CLOSET IN THE 3RD BEDROOM, LOCATION OF THE LINEN CLOSET IN THE HALL AND LOCATION OF THE CLOSET IN THE 2ND BEDROOM). NOTHING HAS BEEN CHANGED IN OUR CONDO. IT MATCHES THE ALAHAMBRA FLOOR PLAN EXACTLY.
The information you have attached is not the construction plans but marketing materials used by the Monterey Country Club HOA. I’ve attached an approved City permitted floor plan to your unit from our archives that labeled this room as a den. Also attached is a letter between the developer and our former Chief Building Official (1981) about the concern about using the den as a bedroom. Similarly, a correspondence inquiry was made by an outside agency building official to support this area as a den.
The California Building Codes still require this level of emergency egress and rescue, and we are not applying new standards to the Short-Term Rental Program.
2. WHEN I LOOK UP THE CALIFORNIA BUILDING CODE DEFINITION OF A "HABITABLE ROOM" IT STATES: "HABITABLE ROOMS USED FOR SLEEPING SHALL HAVE NATURAL LIGHT BY MEANS OF
AT LEAST ONE EXTERIOR WINDOW THAT, IF IT CAN BE OPENED, HAS SCREENING WITH A TIGHT FITTING FRAME. NATURAL VENTILATION SHALL BE PROVIDED BY EXTERIOR OPENINGS THAT CAN BE OPENED, OR IN LIEU OF EXTERIOR OPENINGS A MECHANICAL VENTILATING SYSTEM. " The California Building and the California Residential Code define habitable spaces as “A space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Light and ventilation are required for these spaces and can be achieved in several ways.
3. IN ADDITION A "HABITABLE ROOM" IS DEFINED AS "A SPACE FOR LIVING, SLEEPING, EATING OR COOKING"
The code’s intent in defining rooms is to apply certain code requirements to specific spaces.
When a room is labeled for use as a sleeping room, the emergency egress and rescue aspect of the code is applied. If a room is labeled as a den, office, theater, or media room, these egress and rescue standards are not required.
4. BASED ON THIS CODE, WE CAN SLEEP PEOPLE IN HABITABLE ROOMS. OUR LIVING ROOM AND THIS 3RD BEDROOM ARE HABITABLE ROOMS. SO, IF WE CALL OUR THIRD BEDROOM A "DEN, OFFICE, MEDIA ROOM OR BONUS ROOM" THEN WE CAN SLEEP PEOPLE IN IT AND WE CAN SLEEP PEOPLE IN THE LIVING ROOM. WHICH MEANS OUR CONDO CAN SLEEP 8 PEOPLE (PER YOUR RULE OF 2 PEOPLE PER ROOM).
The answer is you cannot sleep people in a habitable room alone. A habitable room used for 333
sleeping purposes requires emergency egress and rescue openings. Where people fall asleep in their own homes is an uncontrollable occurrence. As Chief Building Official, I must apply the code as it states, and deviating from this could put the occupants in jeopardy and the City liable.
As I stated at our counter, a front room or living room meets the building code definition of a habitable space. If emergency egress and rescue requirements are achieved, the building code is silent on whether you can sleep there or not. I did say this would come to a Short-Term Rental Program policy decision if these areas (front rooms, living rooms, and similar spaces) would be allowed. That discussion resulted in researching other programs that conclusively excluded front rooms, living rooms, and similar spaces. The City decided to align with other jurisdictions' definitions and not allow it to be counted toward the program.
5. ALSO, I HAVE A QUESTION REGARDING BABIES AND TODDLERS WHO SLEEP IN CRIBS AND PACK-N-PLAYS (WE HAVE BOTH). MOST PARENTS WILL HAVE THEIR KIDS SLEEP IN THE ROOM WITH THEM. A LOT OF OUR GUESTS ARE GRANDPARENTS, PARENTS AND THEIR CHILDREN. WE HAVE A LOT OF PEOPLE WITH BABIES AND TODDLERS. SO HOW DO WE ACCOUNT FOR BABIES AND TODDLERS? NOW, UNDER YOUR RULE - THESE PEOPLE WILL NOT RENT OUR SPACE (A 2 BEDROOM THAT SLEEPS 4). WHEN THESE GUESTS GO TO SEARCH ON AIRBNB FOR A PLACE THAT CAN ACCOMODATE 6 PEOPLE, OUR LISTING WILL NOT SHOW UP. THIS IS A LARGE PORTION OF OUR GUESTS.
The current Short-Term Rental Ordinance Section 5.10.090(G) Maximum Number of Occupants does not address the inquiry about families with young children. It strictly states the maximum number of overnight guests and residents for a short-term rental unit shall not exceed two persons per bedroom. We are discussing with the Director of Development Services to consider amending this ordinance section to include minors.
By providing these documents and responses from our archives, I hope this settles the emergency egress and rescue requirements for Monterey Country Club.
Thank you.
Jason Finley
Chief Building Official
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6420 | www.palmdesert.gov From: Carrie Kropfl <[email protected]>
Sent: Tuesday, February 27, 2024 9:26 AM
334
To: Lorena Ritchey <[email protected]>
Cc: Jason Finley <[email protected]>
Subject: Re: Short-Term Rental Permit 239 Serena Dr, Palm Desert - Bedroom Definition STR2022-0020 Good morning Lorena and Jason. Thank you for your email below. I spoke with Lorena last night. I understand you are both going to call me this morning and wanted to put my questions down in an email to help with this discussion. I understand you have a job to do, but I am asking Good morning Lorena and Jason.
Thank you for your email below. I spoke with Lorena last night. I understand you are both going to call me this morning and wanted to put my questions down in an email to help with this discussion. I understand you have a job to do, but I am asking you to take into consideration the position STR owners are in.
We bought specifically in an area that allows STRs. We triple checked (calling the city, the hoa and due diligence) before purchasing to ensure we bought in the right area. We purchased a three bedroom condo (per all of the sales and marketing materials that not only our realtor provided but the onsite property management/sales office at Monterey CC). We were awarded (for the past two years) an STR license from the city for a 3 bedroom. Now, all of a sudden, we are being told we can no longer advertise as a three bedroom or we will lose our license and be fined (and if we don't pay the fine, a lien will be put on our property).
Your new rule is taking away a minimum of 30% of our income (that's just based on what we can charge). Some STR owners think this will take away up to 50% of their income because, not only will this affect what we can charge, but how many people will book.
These properties are our livelihood. Some STR owners at Monterey CC have been doing this for decades and it is their retirement and ONLY source of income. This is how I support my family. My husband and I bought this property as a retirement plan as well, instead of investing in a 401K. We are good stewards who have followed all the rules, we have 5 star reviews, our guests love the experience we provide, our neighbors appreciate us and all we do to ensure that our guests are 5 star guests who follow the rules. We employ a cleaning staff, gardners, pest control, handymen, plumbers, and more. We send paying customers to Monterey CC to help increase their bottom line. Guests have purchased in Monterey CC after staying at our property because they loved it so much. We pay the city 12% of our income. Our guests spend money at restaurants, boutiques and more. We are upstanding citizens who are doing positive things for the Palm Desert Community. We had planned on retiring here in the next 5 years because we love it so much, but now, your rule will make that impossible.
What you are imposing is a 30-50% income reduction for us. In addition, you have just dropped our home values throughout Monterey by 20-30%. For round numbers, as an example, let's say that I was projecting to make $100,000 this year in revenue at my property (before you imposed this new rule). Your new rule will cause a $30,000-$50,000 reduction in revenue. Which means, now I have zero profit and will be losing money.
We had planned on keeping this property for the next 30+ years and when we died, we planned on passing along this property to our son. Over a 30 year period, these losses will amount to $900,000 - $1,500,000. And, this number does not take into account a rise in rental rates.
Also, you have reduced our property value by 20-30% because now we can't sell our property as a 3 bedroom. We estimate our property value to be somewhere around $700,000. This means, you just reduced the value of our property by $140,000 - $210,000.
From my understanding there are 1,200 condos within Monterey CC and approximately 900 of these units have rooms attached to an atrium. That's roughly $126,000,000 - $189,000,000 in losses for property owners throughout the community.
So with this in mind, following is the email you sent me. My questions are in RED:
335
The extra bedroom(s), and I would presume many at the atriums, are used as auxiliary bedrooms.
The technical answer to the question is they do not meet the minimum standards the state has set for a room to be considered a bedroom.
Monterey Country Club has had a marketing and real estate history that conflicts with the California Building Code’s minimum requirements for these rooms adjacent to the atriums.
Occasionally, we’ve received old marketing advertisements that labeled these rooms as bedrooms. Our archived building records from when Monterey Country Club was first constructed consistently label these rooms “dens.” The anomaly is that there are properties within Monterey Country Club that do have a technically acceptable 3rd bedroom.
ATTACHED ARE THE TWO FLOOR PLANS THAT MONTEREY CC HOA PROVIDED ME WHEN I ASKED FOR THE ORIGINAL FLOOR PLANS FOR MY UNIT. BASED ON THESE FLOOR PLANS, MY UNIT IS WHAT THEY CALL THE "ALAHAMBRA PLAN" WHICH WAS BUILT AS A THREE BEDROOM (DUE TO THE CLOSET IN THE 3RD BEDROOM, LOCATION OF THE LINEN CLOSET IN THE HALL AND LOCATION OF THE CLOSET IN THE 2ND BEDROOM). NOTHING HAS BEEN CHANGED IN OUR CONDO. IT MATCHES THE ALAHAMBRA FLOOR PLAN EXACTLY.
Now, a den, office, media room, or bonus room is a legal use of space with an atrium. It meets the building code’s definition of a “habitable space.” “Habitable Spaces” (except sleeping rooms) do not require emergency egress and escape design, achieved by a minimum-sized window or door that leads directly to the public way.
WHEN I LOOK UP THE CALIFORNIA BUILDING CODE DEFINITION OF A "HABITABLE ROOM" IT STATES: "HABITABLE ROOMS USED FOR SLEEPING SHALL HAVE NATURAL
LIGHT BY MEANS OF AT LEAST ONE EXTERIOR WINDOW THAT, IF IT CAN BE OPENED, HAS SCREENING WITH A TIGHT FITTING FRAME. NATURAL VENTILATION SHALL BE
PROVIDED BY EXTERIOR OPENINGS THAT CAN BE OPENED, OR IN LIEU OF EXTERIOR OPENINGS A MECHANICAL VENTILATING SYSTEM. "
IN ADDITION A "HABITABLE ROOM" IS DEFINED AS "A SPACE FOR LIVING, SLEEPING, EATING OR COOKING"
BASED ON THIS CODE, WE CAN SLEEP PEOPLE IN HABITABLE ROOMS. OUR LIVING ROOM AND THIS 3RD BEDROOM ARE HABITABLE ROOMS. SO, IF WE CALL OUR THIRD BEDROOM A "DEN, OFFICE, MEDIA ROOM OR BONUS ROOM" THEN WE CAN SLEEP PEOPLE IN IT AND WE CAN SLEEP PEOPLE IN THE LIVING ROOM. WHICH MEANS OUR CONDO CAN SLEEP 8 PEOPLE (PER YOUR RULE OF 2 PEOPLE PER ROOM). 336
CAN YOU CONFIRM THIS?
ALSO, I HAVE A QUESTION REGARDING BABIES AND TODDLERS WHO SLEEP IN CRIBS AND PACK-N-PLAYS (WE HAVE BOTH). MOST PARENTS WILL HAVE THEIR KIDS SLEEP IN THE ROOM WITH THEM. A LOT OF OUR GUESTS ARE GRANDPARENTS, PARENTS AND THEIR CHILDREN. WE HAVE A LOT OF PEOPLE WITH BABIES AND TODDLERS. SO HOW DO WE ACCOUNT FOR BABIES AND TODDLERS? NOW, UNDER YOUR RULE - THESE PEOPLE WILL NOT RENT OUR SPACE (A 2 BEDROOM THAT SLEEPS 4). WHEN THESE GUESTS GO TO SEARCH ON AIRBNB FOR A PLACE THAT CAN ACCOMODATE 6 PEOPLE, OUR LISTING WILL NOT SHOW UP. THIS IS A LARGE PORTION OF OUR GUESTS.
To further add frustration and confusion, a challenge we discovered is that the Country Assessor’s Office has and will change the labeling and listing of a room to a bedroom with a closet. This can conflict with the minimum code requirements if the room does not have egress an escape.
AGAIN, OUR 3RD BEDROOM HAS A CLOSET AND MATCHES THE ALAHAMBRA PLAN EXACTLY.
Furthermore, when an atrium enclosure permit is reviewed, the rooms adjacent to the atrium can no longer be labeled as bedrooms. A permit will not be issued until the room use is corrected.
As Chief Building Official, it is my responsibility to ensure these areas are caught in plan review and corrected and are not allowed within the Short-Term Rental Program or any other City of Palm Desert permitting or licensing program until such time the California Building and Residential Codes are amended by the California Building and Standards Commission to revise the technical requirements.
ARE YOU APPLYING THESE RULES TO EVERYONE IN MONTEREY CC: SELLERS OF PROPERTIES WITH THIS BEDROOM, LONG-TERM RENTALS WITH THIS BEDROOM? OR ARE YOU ONLY APPLYING THIS RULE TO STR OWNERS? ONE OF THE STR OWNERS
RECENTLY WENT TO THE ONSIGHT SALES/RENTAL OFFICE AT MONTEREY CC AND
ASKED THEM IF THEY WERE HAVING ISSUES WITH THE CITY FOR ADVERTISING, SELLING AND RENTING OUT OUR PLAN AS A 3 BEDROOM. THE OFFICE CLAIMED THE CITY HAS NEVER CONTACTED THEM ABOUT THIS. IF YOU ARE ONLY APPLYING THIS TO STR OWNERS, ISN'T THIS DISCRIMINATION?
I apologize for the length. It's important to provide context as to why these were researched, applied to the technical aspects of the state code, and the determinations made. Should you have any questions, I can be reached at 760-776-6428 and email [email protected]. 337
ADDITIONAL QUESTIONS:
- AREN'T WE GRANDFATHERED IN? FROM MY UNDERSTANDING, YOU CAN'T CHANGE BUILDING CODE TO STRUCTURES THAT WERE BUILT PRIOR TO THE CODE BEING CREATED. WHEN WERE THESE CODES CREATED? FROM MY UNDERSTANDING YOU CAN ONLY ENFORCE CODES WHEN SOMEONE DOES A SIGNIFICANT REMODEL TO A PROPERTY. CAN YOU PROVIDE A COPY OF THESE CODES YOU ARE REFERENCING AND THE DATE THEY WERE ENACTED?
- YOU AWARDED US LICENSES FOR A 3 BEDROOM IN THE PAST. THIS SETS A PRECEDENT. OWNERS WHO HAVE ALREADY RECEIVED AN STR PERMIT FOR A 3 BEDROOM SHOULD BE GRANDFATHERED IN. CAN YOU CONFIRM THIS?
- WHO HAS TASKED YOU WITH IMPLEMENTING THESE RULES/CODES? WHO IS PUSHING YOU TO DO THIS? HOTELS, MONTEREY HOA, SOMEONE AT MONTEREY CC?
- DOES THE STATE HAVE JURISDICTION OVER THE CITY GENERAL PLAN? - CAN YOU PROVIDE PROOF (COPIES OF ORIGINAL DRAWING OR ARCHITECTURAL PROOF) THAT THE UNITS IN QUESTION WERE NOT CONSTRUCTED AS 3 BEDROOMS?
- WERE THE DWELLINGS IN THE ORIGINAL DEVELOPMENT GRANTED ENTITLEMENT AS A 3RD BEDROOM? - IF YOU DON'T CONSIDER THESE 3 BEDROOMS, WHY ARE YOU ALLOWING REALTORS TO SELL THESE AS 3 BEDROOMS?
- CAN YOU PROVIDE ME THE CITY CODES THAT STATE WHAT A BEDROOM IS AND THE DATE THIS CODE WAS ENACTED?
- WHAT ARE YOU DOING TO DETERMINE IF THIS IS AN ISSUE WITH EACH AND EVERY STR? HOW ARE YOU CONFIRMING THE BEDROOMS AT EVERY STR IN PALM DESERT ARE LIVING UP TO YOUR CODES? WHAT OTHER COMMUNITIES/HOA's ARE HAVING THIS ISSUE?
- HOW MANY FIRES HAVE THERE BEEN IN THE LAST 5 YEARS IN RESIDENTIAL HOMES IN PALM DESERT? OF THESE RESIDENTIAL HOMES, HOW MANY OF THE FIRES WERE STRs? HOW MANY OF THESE FIRES TOOK PLACE AT CONDO COMMUNITIES? HOW MANY OF THESE FIRES TOOK PLACE AT MONTEREY CC? THANK YOU FOR YOUR TIME AND CONSIDERATION.
Sincerely,
Carrie Kropfl
Founder
Streetubez
www.streetubez.com
949-554-4448
On Fri, Feb 23, 2024 at 3:41 PM Lorena Ritchey <[email protected]> wrote:
Good afternoon Carrie,
338
This is in response to your inquiry about what is considered a bedroom.
This is the Chief’s Building Official, Jason Finley response, and he has been included in the response as well.
The extra bedroom(s), and I would presume many at the atriums, are used as auxiliary bedrooms. The technical answer to the question is they do not meet the minimum standards the state has set for a room to be considered a bedroom.
Monterey Country Club has had a marketing and real estate history that conflicts with the California Building Code’s minimum requirements for these rooms adjacent to the atriums.
Occasionally, we’ve received old marketing advertisements that labeled these rooms as bedrooms. Our archived building records from when Monterey Country Club was first constructed consistently label these rooms “dens.” The anomaly is that there are properties within Monterey Country Club that do have a technically acceptable 3rd bedroom.
Now, a den, office, media room, or bonus room is a legal use of space with an atrium. It meets the building code’s definition of a “habitable space.” “Habitable Spaces” (except sleeping rooms) do not require emergency egress and escape design, achieved by a minimum-sized window or door that leads directly to the public way.
To further add frustration and confusion, a challenge we discovered is that the Country Assessor’s Office has and will change the labeling and listing of a room to a bedroom with a closet. This can conflict with the minimum code requirements if the room does not have egress an escape.
Furthermore, when an atrium enclosure permit is reviewed, the rooms adjacent to the atrium can no longer be labeled as bedrooms. A permit will not be issued until the room use is corrected.
As Chief Building Official, it is my responsibility to ensure these areas are caught in plan review and corrected and are not allowed within the Short-Term Rental Program or any other City of Palm Desert permitting or licensing program until such time the California Building and Residential Codes are amended by the California Building and Standards Commission to revise the technical requirements.
I apologize for the length. It's important to provide context as to why these were researched, applied to the technical aspects of the state code, and the determinations made. Should you have any questions, I can be reached at 760-776-6428 and email [email protected]. 339
Lorena Ritchey, CCEO
Management Analyst
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6477 | www.palmdesert.gov 340
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https://www.titlepro247.com/Orders/Home/Html/B33121228 1/16 Subject Property Location Report Date: 04/17/2024
Property Address 239 SERENA DR Order ID: R145872561
City, State & Zip PALM DESERT, CA 92260-2157
County RIVERSIDE COUNTY Property Use Condominium Unit
(Residential)
Mailing Address 246 W ESCALONES, SAN CLEMENTE, CA 92672-5109 Parcel Number 622-082-020 Census Tract 0449.29 Latitude 33.74486
Thomas Bros Pg-Grid Longitude -116.389517
Legal Description Details Lot Number: 4-6 City, Municipality, Township: PALM DESERT Tract No: 11454 Brief Description: UNIT 20 CM 023/032 INT IN COMMON LOTS 4,5 & 6 TR 11454 MB 097/082
Current Ownership Information *Source of Ownership data: Recorder Information Primary Owner Name(s) CASA MONTEREY 239 LLC,
Sale Price
Transfer Date 07/14/2022
Recording Date 08/03/2022
Vesting
Recorder Doc # 2022-0343714
Book/Page
Latest Full Sale Information
Primary Owner Name(s) KROPFL, KEITH JOSEPH; TANNER KROPFL, CARRIE Sale Price $495,000
Sale Date 11/15/2021
Recording Date 12/09/2021
Vesting Living Trust
Recorder Doc # 2021-0727610
Book/Page
Financing Details at Time of Purchase
1 Loan Amount $396,000 Origination Lender Name 5TH STREET CAPITAL INC Loan Type New Conventional Recording Doc # 2021-0727611 Property Characteristics
Bedrooms 2 Year Built 1979 Living Area (SF) 1,670
Bathrooms/Partial 1.75 Garage/No. of Cars Attached
Garage/2 Price ($/SF) $296/SF
Total Rooms Stories/Floors 1 Story Lot Size (SF/AC) 1,686/.04 Construction Type Wood No. of Units 1 Fireplace 1 Fireplace Exterior Walls No. of Buildings Pool
Roof Material/Type Tile Basement Type/Area Heat Type Central Foundation Type Style A/C Central
Property Type Residential View Golf Course
Adjacent Elevator
Land Use Condominium Unit (Residential) Zoning PR5
Assessment & Taxes
Assessment Year 2023 Tax Year 2023 Tax Exemption
Total Assessed Value $504,900 Tax Amount $6,597.88 Tax Rate Area 18-049 Land Value $71,400 Tax Account ID 622082020
Improvement Value $433,500 Tax Status No Delinquency Found Improvement Ratio 85.86% Delinquent Tax Year
341
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Market Land Value Market Value Year
342
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Trans. ID Recording Date Lender Amount Purchase Money
1 12/09/2021 5TH STREET CAPITAL
INC $396,000 YES
Loan Officer Insights
Trans.ID
1 Loan Officer ROBERT FORBES PAINTER NMLS#272709
Broker BROKER SOLUTIONS INC NMLS#6606
Loan Company 5TH STREET CAPITAL INC NMLS#1436495
Disclaimer
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4/17/24, 3:56 PM RealQuest.com ® - Report
https://pro.realquest.com/jsp/report.jsp?&action=confirm&type=getreport&recordno=0&reportoptions=0&1713394587071&1713394587072 1/2 Property Detail Report
For Property Located At :
239 SERENA DR, PALM DESERT, CA 92260-
2157
Owner Information
Owner Name: CASA MONTEREY 239
Mailing Address: 246 W ESCALONES, SAN CLEMENTE CA 92672-5109 Vesting Codes: / /
Location Information
Legal Description: UNIT 20 CM 023/032 INT IN COMMON LOTS 4,5 & 6 TR 11454 MB 097/082 County: RIVERSIDE, CA APN: 622-082-020
Census Tract / Block: 449.29 / 1 Alternate APN: 622-082-020 Township-Range-Sect: Subdivision:
Legal Book/Page: Map Reference: /
Legal Lot: 4 Tract #: 11454
Legal Block: School District: DESERT SANDS INDIO
Market Area: 322 School District Name: DESERT SANDS INDIO Neighbor Code: Munic/Township: CITY OF PALM DESERT
Owner Transfer Information
Recording/Sale Date: 08/03/2022 / 07/14/2022 Deed Type: QUIT CLAIM DEED Sale Price: 1st Mtg Document #:
Document #: 343714
Last Market Sale Information
Recording/Sale Date: 12/09/2021 / 11/15/2021 1st Mtg Amount/Type: $396,000 / CONV Sale Price: $495,000 1st Mtg Int. Rate/Type: 4.50 / ADJ Sale Type: FULL 1st Mtg Document #: 727611
Document #: 727610 2nd Mtg Amount/Type: /
Deed Type: GRANT DEED 2nd Mtg Int. Rate/Type: /
Transfer Document #: Price Per SqFt: $296.41
New Construction: Multi/Split Sale:
Title Company: CHICAGO TITLE-INLAND EMPIRE
Lender: 5TH STREET CAP INC
Seller Name: BARLOW DOROTHEA A
Prior Sale Information
Prior Rec/Sale Date: 08/16/2016 / 06/23/2016 Prior Lender: WELLS FARGO BK NA Prior Sale Price: $240,000 Prior 1st Mtg Amt/Type: $228,000 / CONV Prior Doc Number: 350522 Prior 1st Mtg Rate/Type: /
Prior Deed Type: GRANT DEED
Property Characteristics
Gross Area: 2,174 Parking Type: ATTACHED GARAGE Construction:
Living Area: 1,670 Garage Area: 504 Heat Type: CENTRAL
Tot Adj Area: 1,800 Garage Capacity: Exterior wall:
Above Grade: Parking Spaces: 3 Porch Type:
Total Rooms: Basement Area: Patio Type:
Bedrooms: 2 Finish Bsmnt Area: Pool:
Bath(F/H): 2 / Basement Type: Air Cond: CENTRAL
Year Built / Eff: 1979 / 1980 Roof Type: Style:
Fireplace: Y / 1 Foundation: Quality:
# of Stories: 1 Roof Material: SLATE Condition:
Other Improvements: YES
Site Information
Zoning: PR5 Acres: County Use: CONDO OR PUD WITH
PRIVATE ENTR (A11)
Lot Area: Lot Width/Depth: x State Use: R02
Land Use: CONDOMINIUM Res/Comm Units: / Water Type: TYPE UNKNOWN Site Influence: GOLF COURSE Sewer Type: TYPE UNKNOWN
357
4/17/24, 3:56 PM RealQuest.com ® - Report
https://pro.realquest.com/jsp/report.jsp?&action=confirm&type=getreport&recordno=0&reportoptions=0&1713394587071&1713394587072 2/2 Tax Information
Total Value: $504,900 Assessed Year: 2023 Property Tax: $6,597.88 Land Value: $71,400 Improved %: 86% Tax Area: 018049
Improvement Value: $433,500 Tax Year: 2023 Tax Exemption:
Total Taxable Value: $504,900
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From: Carrie Kropfl
To: Richard Cannone
Cc: Michelle Nance
Subject: Re: Appeals Process for taking something to the City Counsel Date: Monday, March 25, 2024 9:55:20 AM
Attachments: pdlogo_e8fc6661-d5ed-470d-b1e5-b34884233d29.png hoabanner_c920930b-ff28-4ade-ba4e-9142ce7b516a.png
Thank you. I appreciate that. Once I receive this, how long do I have? Is there a timeframe associated? Also, there are three things we will be appealing:
1. To allow to use the room in question (room attached to atrium) as a habitable room that guests are allowed to sleep
2. To allow us to sleep additional guests in our living room
3. To allow us to sleep up to 4 guests per bedroom
My address:
246 West Escalones
San Clemente, Ca 92672
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From: Richard Cannone <[email protected]>
Sent: Monday, March 25, 2024 8:18:30 AM
To: Carrie Kropfl <[email protected]> Cc: Michelle Nance <[email protected]>
Subject: Re: Appeals Process for taking something to the City Counsel Hi Carrie, I am putting together a formal letter that I will be mailing to you later today, however I need your mailing address. I will also send a copy of the letter to you via email as a courtesy.
On Mar 22, 2024, at 6:27
Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6438 | www.palmdesert.gov 361
PM, Carrie Kropfl <[email protected]> wrote:
Good evening Richard and Michelle,
I still have not received a phone call or email regarding the appeals process. I spoke with Michelle two days ago and she had said Richard would be contacting me to go over the appeals process. Can someone please get back to me as soon as possible.
Thank you,
Carrie Kropfl
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From: Carrie Kropfl <[email protected]> Sent: Wednesday, March 20, 2024 11:59:49 AM
To: Michelle Nance <[email protected]>
Subject: Re: Appeals Process for taking something to the City Counsel Hi Michelle,
We would like to appeal the usage of our condo. We purchased a 3-bedroom condo in December of 2021, and were awarded STR permits from the city for a 3 bedroom in 2022 and 2023. In 2024, when we went to renew our STR permit with the city, we were that it is not a three bedroom, it is a two bedroom. We were told that one of the bedrooms is not legally a 3 bedroom, so we can no advertise it or use it as a 3 bedroom.
We own an STR. This change has reduced our occupancy rate from 6 guests to 4 guests and is having a negative financial impact on our business. We made a request from Lorena Ritchey, as a compromise, to use our living room as a space to sleep two additional guests. She has refused this request.
We have two appeals:
1. To allow us to continue to use the room in question as a bedroom 362
2. To allow us to sleep 2 additional guests in our living room Thank you!
Carrie Kropfl
949-554-4448
From: Michelle Nance <[email protected]>
Sent: Wednesday, March 20, 2024 11:49 AM
To: Carrie Kropfl <[email protected]> Subject: RE: Appeals Process for taking something to the City Counsel Hi Carrie,
I’m happy to get you connected with the appropriate member of staff. Can you provide the subject of the appeal? This information will help me get you to the best person.
Thank you,
Michelle
Michelle Nance
Deputy City Clerk I
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6301 | www.palmdesert.gov From: Carrie Kropfl <[email protected]> Sent: Wednesday, March 20, 2024 11:45 AM
To: Michelle Nance <[email protected]>
Subject: Appeals Process for taking something to the City Counsel Hi Michelle,I just left you a message. I would like information on how to file an appeal with the city. Can you please forward me information? I would love to chat as well.Thank you!Carrie Kropfl949-554-4448 Hi Michelle,
I just left you a message. I would like information on how to file an appeal with the city.
Can you please forward me information? I would love to chat as well. 363
Thank you!
Carrie Kropfl
949-554-4448
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A T T O R N E Y S
SHAUN M. MURPHY, ESQ.
PARTNER
ADMITTED IN CA, Ml, TX, NY
AND THE U.S. SUPREME COURT
REPLY TO·
1800 E. Tahquitz Canyon Way
Palm Springs, California 92262
T (760) 322-2275 • F (760) 322-2107
murpt,[email protected]
April 4, 2024
VIA HAND DELIVERY
Anthony Mejia
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
RE: Keith Kropfl and Carrie Kropfl appeal of decision from building official related to short-term rental regulations
Dear Mr. Mejia:
We represent Keith Kropfl and Carrie Kropfl who own the real property within the Monterey Country Club at 239 Serena Drive, Palm Desert (the "Property''). Mr. and Mrs.
Kropfl (pronounced Cropful) recently received an adverse decision from Mr. Jason Finley, the City's Building Official (the "CBO''). The CBO made three determinations. Under Section 2.72.010, the Kropfl's appeal the decision on the first and second issues only. A copy of the decision is attached as Exhibit A.
ISSUE NO. 1: Whether the Kropfl's may continue to use the third bedroom for short-term rentals.
The reasons from the CBO for the denial are in Exhibit A. The Kropfl's intentionally bought a property in an area that allowed short-term rentals. They checked with the city, with the homeowner's association of the Monterey Country Club, and did their own due diligence before purchasing. The sellers had purchased the property in 2016 as a threebedroom condo. The sellers listed the property in 2021 as a three-bedroom condo, the Monterey Country Club property managemenVsales office provided sales and marketing information showing their floorplan as a three-bedroom condo. The Monterey Country Club homeowner's association provided a floorplan also showing the Property as a threebedroom condo (with the original builder's, Sunrise Division, logo on it). Their realtor also identified the Property as a three-bedroom condo. The Property has been classified as a Palm Springs, CA
T (760) 322-2275
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Indian Wells, CA Costa Mesa, CA
T (760) 322- 9240 T (714) 435-9592
San Diego, CA
T (619) 501-4540
www.sbemp.com
Princeton, NJ
T (609) 955-3393
New York, NY
T (212) 829-4399
373
Anthony Mejia
April 4, 2024
Page2
three-bedroom condo for decades, and the County of Riverside Assessor's Office recognizes it as a three-bedroom condo.
After they bought the Property, they applied to the city and the city issued a shortterm rental permit for 2022, and again for 2023, for a three-bedroom condo. By issuing the permits, the city recognized the Property as a three-bedroom condo. The Kropfl's recently applied to renew their permits for 2024, and were told - for the first time - that the permit could not be renewed as a three-bedroom rental and could be used only as a two bedroom.
The Kropfl's made the City aware that currently, the Monterey Country Club's onsite property management/sales office was continuing to sell and lease their exact floor plan as a three-bedroom condo, the homeowner's association was continuing to pass out floor plans showing it as a three-bedroom condo, and sellers/realtor's within the Monterey Country Club were continuing to list and sell it as a three-bedroom condo. The city responded by saying, "the City does not regulate advertising or private transactions." With actual knowledge, the city is allowing the very same floorplan at issue here to be advertised, leased long-term, and sold as three-bedroom condos.
The city's sudden change in position has and will continue to have a significant financial impact on the Kropfl's. The change causes an income loss of at least 30% based on the amount of rent. The change will likely cause greater losses because fewer people will rent the Property if it accommodates only four people instead of six. A 30% reduction in revenue would be between $30,000 to $50,000 yearly.
The Property is a principal source of income for the Kropfl's. It is how they support their family. Their Property is highly rated, they make sure their guests follow the rules, and they have received no complaints from either the City or the Association. Their Property combined with other similarly situated properties provide a significant economic benefit to the City. They employ a cleaning staff, gardeners, pest control, handymen, plumbers, and more. They send customers to Monterey Country Club for golf. Past guests have bought property in Monterey Country Club after staying at their property. Each transaction contributes to the Palm Desert economy in addition to the 12% tax they pay to the city.
In addition to a loss in revenue, the city's change of position has impaired the Property's value. The change is estimated to cause a loss of value between 20% and 30%. Nothing has changed during the decades where the Property was classified as a three-bedroom condo. The city should continue to recognize the Property as a threebedroom condo and allow the Kropfl's to market and rent it as a three-bedroom.
ISSUE NO. 2: Whether the Kropfl's may use their code compliant living room as an additional sleeping room to accommodate two more guests.
The CBO determined they could not use the living room as a bedroom. The basis for the denial is set forth under Issue 2 in Exhibit A
374
Anthony Mejia
April 4, 2024
The CBO admits that the term "bedroom" is not defined in Chapter 5.10 regulating short-term rentals. The CBO interpreted bedroom to mean:
a private room intended for sleeping that is separate from other rooms by a door, having a least one window that meets the Emergency Escape and Rescue Opening requirements of the California Building code, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom.
The CBO based his interpretation "in part on the city's ordinance differentiating between on-site and off-site owners. Specifically, §5.10.090(G) ... " The CBO also based his decision on definitions in the American Planning Association, Planners Dictionary, and his profession experience. He did not, however, provide any information from those resources to justify or explain his interpretation.
First, the CBO's reliance on § 5.10.090(G) is puzzling because it is irrelevant to defining the term "bedroom." That section merely states the obvious presumption that an on-site owner will be deemed to occupy at least one bedroom. The presumption makes one less bedroom available for rent, but it does not aid the effort to define a "bedroom." Since we have no information about what the Planners Dictionary provides or the CBO's professional experience, there is no basis to evaluate the information on which he purportedly relied. The Kropfl's dispute the CBO's definition of bedroom; particularly, the requirement that it have a door. The CBO cites no provision in the city's Code of Ordinances requiring a bedroom to have a door.
1 There are many sources other than the Planners Dictionary that define bedroom with no reference to a door. For example, Merriam-Webster defines bedroom to mean, "a room furnished with a bed and intended primarily for sleeping ." (https://www.merriamwebster.com/dictionary/bedroom#dictionary-entry-1 ). No mention of a door. The Cambridge Dictionary defines bedroom to mean, "a room used for sleeping in." (https://dictionary.cambridge.org/us/dictionary/english/bedroom). No mention of a door.
Dictionary.com defines bedroom to mean, "a room furnished and used for sleeping." (https://www.dictionary.com/browse/bedroom). No mention of a door. And The Britannica Dictionary defines bedroom to mean, "a room used for sleeping." (https://www.britannica.com/dictlonary/bedroom). No mention of a door. It is apparent that the CBO selected a source to use that would support the conclusion he wanted to reach.
In an earlier communication dated February 27, 2024, to Mrs. Krapfl, the CBO explained his interpretation of an acceptable sleeping room. He said, "As I stated at our counter, a front room or living room meets the building code definition of a habitable space. If emergency egress and rescue requirements are achieved, the building code is I wonder how parents would react after learnlng that removing the door to their teenager's bedroom for whatever reason means that the room is no longer a bedroom as determined by the CBO. 375
Anthony Mejia
April 4, 2024
Page4
silent on whether you can sleep there or not. I did say this would come to a Short-Term Rental Program policy decision if these areas (front rooms, living rooms, and similar spaces) would be allowed. That discussion resulted in researching other programs that conclusively excluded front rooms, living rooms, and similar spaces. The City decided to align with other jurisdictions' definitions and not allow it to be counted toward the program." (Emphasis added.)
The CBO admits that the city's Code of Ordinances have no provisions defining an acceptable sleeping room. He also admits "If emergency egress and rescue requirements are achieved, the building code is silent on whether you can sleep [in a living room) or not." He referred to other jurisdictions who specifically adopted regulations governing the use. Rather than amend the Code of Ordinances to conform to what other jurisdictions have done - to specifically address the issue - the city adopted a policy based on what other jurisdictions had implemented. The city is applying a shadow regulation - one that has not gone through the formal procedures to amend the Code of Ordinances - including providing notice to residents.
The room that the Kopfl's want to use for more guests is a "room furnished and used for sleeping," or "a room used for sleeping." It has windows that comply with the Emergency Escape and Rescue Opening requirements of the California Building code, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom. There is nothing in the California Building Code nor is there any provision in the city's Code of Ordinances prohibiting them from using the room as an acceptable sleeping room.
The CBO's determination that a door is required for a room to be classified as a bedroom is arbitrary. It should be reversed and the Kopfl's should be allowed to advertise and rent the space as an additional sleeping room.
SMM: sv
Encl.: Exhibit A
Fee Payment
Sincerely,
SBEMPLLP
BY: Shaun M. Murphy
376
EXHIBIT A
377
March 25, 2024
VIA US MAIL AND EMAIL
Ms. Carrie Kropfl
246 West Escalones
San Clemente, CA 92672
CITY OJ PAlM D~SIRI
73-510 FRED WAIUNC DRIVE
PALM DESERT, CAUFORNIA 92260-2578
TEL: 760•346·0611
INFO@PALMDES!RT.GOV
Subject: Monterey Country Club - Den and Bedroom Interpretation Dear Ms. Kropfl:
I wanted to provide a formal response to the three questions below that you have raised in connection with using your property in Monterey Country Club and the ability to appeal the determinations we have provided you.
Question 1: Can you continua to use the third bedroom, based on the floor plans provided (attached)?
No, the third bedroom you reference is considered a den and cannot be used as a bedroom.
Mr. Jason Finley, CBO the City's Building Official responded on February 27, 2024 that the information you provided is not the construction plans, but rather marketing materials. Mr.
Finley then provided you with a copy of the approved floor plan (attached) that was permitted for your unit from our permitting archives, and the room in question was labeled as a den. Mr. Finley also provide you with a letter dated September 28, 1981 (attached) from the Sunrise Company, the developer to our former Chief Building Official clarifying that "the den Is not Intended to be used for sleeping purposes."
Furthermore, Mr. Finley reviewed and concurred with the 2022 California Residential Code (§A310.1 - Emergency Escape and Rescue Opening Required1) which states: Every sleeping room shall have not less than one operable emergency escape and rescue opening. Emergency escape and rescue openings shall open directly into a public way (§R310.1 ). In applying this life, health, and safety requirement for "Den" space(s) adjacent to the atriums of the Monterey Country Club floor layout, it is determined these atriums do not meet the minimum code requirements for a bedroom or sleeping room. They lack direct access to a public way and cannot be used as such. This determination was also based upon documentation from the original developer acknowledging that these areas could only serve as a den. An outside independent building official was also used and concurred (attached) in 1979.
1 Cited California Residential Code Definitions (Section §202):
EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door, or other similar device that provides a means of escape and access for rescue in the event of an emergency.
PUBLIC WAY. Any street, alley, or other parcel ofland open lo the outside air leading to a public street, that has been deeded, dedicated, or otherwise permanently appropriated to the public for public use and that has a clear width and height of not less than IO feet (3048 mm). 378
C. Krapfl - Interpretations
March 25, 2024
Appeal of Building Official's Interpretation
Pursuant to Palm Desert Municipal Code (PDMC) Chapter 2.18, the Building Board of Appeals1 a letter of appeal must be submitted requesting an appeal of the Building Official's interpretation. Once the letter is received a hearing will be scheduled with the Building Board of Appeals. If you wish to appeal against Mr. Finley's interpretation, submit to the City Clerk a letter requesting the appeal along with a check in the amount of $276.00. A hearing will be scheduled no sooner than ten days after receiving your request.
Question 2: Can you use your llving room as a bedroom to sleep two additional guests for a Short-Term Rental?
No, the living room cannot be used as a bedroom. Chapter 5.10 of the PDMC includes the regulations for operating a Short-Term Rental Unit with the City of Palm Desert. §5.10.090(G) establishes that the maximum number of overnight guests shall not exceed two persons per bedroom. §5.10.030 includes definitions, however a definition of "bedroom• is not included.
Chapter 2.12 of the PDMC establishes that the Community Development (Development Services) Director shall enforce the standards of the POMC pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure, which involves the interpretation of those standards. For purposes of the short-term rental regulations, I have interpreted bedroom to mean:
a private room Intended for sleeping that is separated from other rooms by a door, having at least one window that meets the Emergency Escape and Rescue Opening requirements of the California Building code, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom.
This interpretation is based in part on the city's ordinance differentiating between on-site and off-site owners. Specifically, §5.10.090(G) establishes that on-site owners shall be deemed to occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests accordingly. In other words, a one-bedroom unit CANNOT be Issued an On-Site Short Term Rental Permit, because the On-Site Owner must be present and must stay at the property in a bedroom The interpretation was also based on in part on definitions of bedrooms and sleeping rooms contained in the American Planning Association, Planners Dictionary, and my professional experience.
Appeal of Director's Interpretation
Chapter 2. 72 establishes procedures for appeals to City Council that requires an appellant file a written notice of appeal specifying the specific decision from which the appeal is taken, the specific grounds for the appeal, and the relief or action requested from the City Council.
This notice must be submitted to the City Clerk within ten (10) days after receiving this written letter along with a check in the amount of $276.00. Once deemed sufficient, the City Clerk will schedule the appeal for a hearing by the City Council at a regular meeting, but not later than forty-five days after receipt of the notice of appeal. The City Clerk will cause the notice of hearing to be given to the appellant not less than ten days prior to the hearing unless that notice Is waived in writing by the appellant. 379
C. Krapfl - Interpretations
March 25, 2024
Question 3: Can up to four overnight guests per bedroom be permitted for a ShortTerm Rental? No, only two overnight guests are permitted per bedroom. As stated above, PDMC §5.10.090(G) explicitly states that the maximum number of overnight guests shall not exceed two persons per bedroom. This is not a matter of interpretation, but a strict code requirement. As such, there is no right to appeal the decision Is ministerial and does not involve the exercise of administrative discretion or personal judgment (see PDMC §2. 72.01 O(B))
Sincerely,
RICHARD D. CANNONE, AICP
DIRECTOR OF DEVELOPMENT SERVICES
Attachments
cc. Todd L. Hileman, City Manager
lsra Shah, City Attorney
Jason Finley, CBO Building Official
380
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Subject: tMrgency Egress end Rescue llflldaws •
Stcttou 1304 and 1404, 1971 Ull1fora BuUdtng Code
Dear Mr, llt11ey:
You asked the question tn your lettctr of .January 30, 1979, • ••• are the egress or rescue windows requtred by SoctlDI\S 1304 and 1404 also req1dred exits as defined 1n Chapter 337• The 1ncwer to th1s question 1s "no", as the emergency egr.ss ~nd "scue .rlndows do not coa,ly with the requtre111ents tn Chapter 33. H~ever, the dosfgn exemples whtch you enclosed wtth your letter have probleais •htch are not solved by the answer to your question.
Tht tnt.nt of the code fs that wfftdQIIS required by Sections 1304 end 1404 i,. 1v1tlable so that rescue can be effected from tht extertor, or tn the alternative. one may escape f•oan that window to the exterior of the butldtnq wfthaut having to travel through the bu1ld1ng ttself. If these emergency wtndows open onto an fnterfor court or a so-called atrtum, they do not •et the f ntent of ttse code.
Wa note from your letter that you 1ndtcated Sntion 1304 was refer.-ed ta by Sectton 1406. Actually, the reference fn Sectton 1406 1s to Section 1306 for yards and courts havtng req11tred windows opentng theretn.
It 1s our opinion that the windows required by Secttons 1~04 and 1404 for tme1"9ency eyress and rescue should open to th~ t>ltertor of the but ldfng and not fr.to courts or atrtums. As 383
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384
APPEAL OF DIRECTOR’S DETERMINATION
COUNTING A LIVING ROOM AS A BEDROOM FOR SHORT-TERM RENTALS
CITY COUNCIL
MAY 9, 2024
385
Background
What is before the Council is an appeal of Development Services (Community Development) Director’s determination that a living room cannot be considered a bedroom for purposes of a short-term rental unit.
PDMC Chapter 2.12.010 establishes that it shall be the duty of the Director “to enforce the provisions of this code pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.”
PDMC Chapter 2.72 establishes that City Council will hear appeals from any person aggrieved by an administrative decision.
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 2
386
Initial Request (Attachment 2)
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 3
March 5, 2024 – Director sent an email to Owner clarifying that a living room cannot be used as a bedroom for purposes of Short-Term Rental (“STR”), specifically:
For purposes of the short-term rental regulations, I have interpreted bedroom to mean a private room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the egress/rescue requirements, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom. This is based in part on the city’s ordinance allowing for on-site and off-site owners. On-site means they are present and must stay at the property and the intent would be that a guest would have a private room. If you wish to convert your living room to a bedroom, Jason [Finley] can assist with what permits would be needed.
387
STR Permit History
November 2021 Owner purchased 239 Serna Drive
January 2022 Owner obtained a STR Permit for a 3-Bedroom Unit January 2023 Owner renewed 3 Bedroom STR Permit
July 1, 2023 Development Services Department created internal procedures with staff to ensure that the regulations
adopted by City Council were being enforced when
applications were submitted, including renewals of
STR permits
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 4
388
STR Permit History
January 24, 2024
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 5
Owner applied to renew 3 Bedroom STR Permit
Staff confirmed the number of bedrooms through:
Riverside County Assessor
RealQuest & Lawyers Title (Attachment 3)
All showed a 2-bedroom unit for this Property.
Staff also reviewed building permit records and
there were no building permits for a bedroom
addition.
389
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 6
Attachment 3
390
STR Permit History
February 1, 2024 Owner revised their renewal request for a 2-bedroom STR unit and staff approved and issued a renewal
March 4, 2024 Owner requests and Riverside County Assessor changed the property records from a 2-bedroom unit, with a den to a 3-bedroom property, with no den (Attachment 4)
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 7
391
STR Permit History
This is contrary to the Appellants statement that “Nothing has changed during the decades where the Property was classified as a three-bedroom condo. The city should continue to recognize the Property as a three-bedroom condo and allow the Kropfl's to market and rent it as a three-bedroom.” 05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 8
Attachment 4
392
Director’s Determination
March 25, 2024, the Owner sent an email clarifying that they would like to submit an appeal on three items (Attachment 5).
1. Can they continue to use the third bedroom (den), based on the floor plans provided?
2. Can you use the living room as a bedroom to sleep two additional guests for a Short-Term Rental?
3. Can up to four overnight guests per bedroom be permitted for a Short-Term Rental?
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 9
393
Director’s Determination (Attachment 6).
March 25, 2024 - Pursuant to PDMC § 2.72.020 the Director provided a written determination to the Owner.
Request 1. The determination for Request #1 was made by the Building Official as authorized by the California Building Code.
Chapter 2.18 of the PDMC establishes a Building Board of Appeals (“Board”) to hear appeals regarding the interpretation of the California Building Code by the Building Official.
The appeal of this request is scheduled to be considered by the Board on May 23, 2024.
The Board’s decision may be appealed to the City Council and therefore the specifics of this request should not be discussed or considered at this time. 05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 10
394
Director’s Determination (see Attachment 6).
Request 2. Can you use the living room as a bedroom to sleep two additional guests for a Short-Term Rental?
1. The Director concluded that based on the language contained in PDMC §5.10.090(G) which establishes that the maximum number of overnight guests shall not exceed two persons per bedroom coupled with fact that onsite STR owners must occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests. In other words, a one-bedroom unit CANNOT be issued an On-Site Short Term Rental Permit, because the OnSite Owner must be present and must stay at the property in a bedroom; not a living room or having the ability to share the rented bedroom. 05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 11
395
Director’s Determination (Attachment 6).
Request 2 cont.
2. Due to the lack of a definition of a bedroom and for purposes of Chapter 5.10 Short Term Rentals, the Director interpreted a bedroom room to mean:
A private room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the Emergency Escape and Rescue Opening requirements of the California Building code, has a closet/storage area, and is accessible to a bathroom without crossing into another bedroom
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 12
396
Director’s Determination (Attachment 6).
Request 3. Can up to four overnight guests per bedroom be permitted for a Short-Term Rental?
PDMC §5.10.090(G) explicitly states that the maximum number of overnight guests shall not exceed two persons per bedroom.
This was not a matter of interpretation, but a strict code requirement. As such, there is no right to appeal because it does not involve the exercise of administrative discretion or personal judgment (see PDMC §2.72.010(B)). 05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 13
397
Letter of Appeal (Attachment 7)
On April 4, 2024, an appeal was filed (see Attachment 7) by Mr. Shaun Murphy, of Slovak Brown Empey Murphy & Pinkney LLP (“Appellant”), on behalf of the Owner for the following:
2. Whether the Kropfl's may use their code compliant living room as an additional sleeping room to accommodate two more guests. 05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 14
398
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 15
1. The Appellant states that it is “puzzling” and believes the reference to PDMC §5.10.090(G) is irrelevant to defining the term “bedroom”.
PDMC §5.10.090(G) includes the following language:
If the use is on-site owner short-term rental, the owner shall be deemed to occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests accordingly…
Based on this limitation imposed and the Director’s experience, this language aided in his determination that if it was City Council’s intent to allow an owner to stay in a room, other than a bedroom, then City Council would have not included this limitation.
399
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 16
2. The Appellant further disputes the Director’s interpretation that a bedroom must have a door and believes this interpretation is arbitrary.
The Appellant’s basis is derived from the definition of “bedroom” from Merriam-Webster, Cambridge Dictionary, and Britannica Dictionary, and as stated in the appeal letter, “all which referenced a room for sleeping with no mention of a door.”
400
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 17
The Appellant provides the definition of “bedroom” but chooses to omit the definition of “living room.” Using the Appellant’s same references:
Merriam-Webster defines living room as, “a room in a residence used for the common social activities of the occupants.”
Cambridge Dictionary defines living room as “the room in a house or apartment that is used for relaxing in and entertaining guests.”
Britannica Dictionary defines living room as “a room in a house for general family use — usually singular.”
NOTE: None of the definitions define a living room as a room used for sleeping. 401
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 18
Additionally, these three dictionary references used by the Appellant provide for definitions for hotel, motel, and bed and breakfast:
Merriam-Webster
Hotel - an establishment that provides lodging and usually meals, entertainment, and various personal services for the public.
Motel - an establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area.
Bed and Breakfast - an establishment (such as an inn) offering lodging and breakfast.
Cambridge Dictionary
Hotel - a building where you pay to have a room to sleep in, and where you can sometimes eat meals. Motel - a hotel for people travelling by car, usually with spaces for cars next to each room. Bed and Breakfast - a room to sleep in for the night and a morning meal, or a private house or small hotel offering this.
402
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 19
Britannica Dictionary
Hotel - a place that has rooms in which people can stay especially when they are traveling: a place that provides food, lodging, and other services for paying guests. Motel - a place that is next to a road and that has rooms for people to stay in especially when they are traveling by car.
Bed and Breakfast - a house or small hotel in which someone can rent a room to sleep in for a price that includes breakfast the next morning.
“Room” was a consistent term used in the definition to describe bedroom, living room, and within the three transient use types.
403
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 20
Merriam-Webster: Room - a partitioned part of the inside of a building especially such a part used as a lodging.
Cambridge Dictionary: Room - a part of the inside of a building that is separated from other parts by walls, floor, and ceiling.
Britannica Dictionary: Room - a part of the inside of a building that is divided from other areas by walls and a door and that has its own floor and ceiling.
Britannica Dictionary does explicitly include a door in their definition of “room”. 404
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 21
3. The Appellant also conjectures in a footnote wondering how parents would react after learning that removing the door to their teenager’s bedroom, for whatever reason means that the room is no longer a bedroom.
• While the Appellant tries to provide an example in a “typical” family setting with parents and teenagers, the unit is question is NOT typical and the Owners are seeking a permit for the unit to be rented to a Transient. • What is being considered is an application for a dwelling to be used for lodging purposes to a Transient that must obtain a STR Permit to do so.
PDMC § 5.10.030 Short Term Rental Definitions. “Transient” means any person who seeks to rent or who does rent a privately-owned residential unit for a period less than twenty-seven consecutive days. 405
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 22
• Short Term Rentals are required to pay:
Transient Occupant Tax (TOT) and
Tourism Business Improvement District (TBID) assessment. • “Typical” residential properties are not required to be licensed or required to pay TOT or TBID.
• Only Transient uses i.e. hotel, motel, bed and breakfast, and short-term rentals pay the TOT and TBID.
406
Response to Appeal
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 23
• It should be further noted that the definitions of the three transient uses define it as a “room to stay”. What those transient uses definitions do not include is that the room has a door.
• However, when staying at any transient use, whether that be a hotel, motel, bed and breakfast, or short-term rental, there is an expectation of privacy, and that form of privacy always involves a door to that room where a guest is staying.
• One could wonder how parents would react if they stayed with their teenager (or alone) in a hotel room, motel room, or short-term rental without a door.
407
Staff Conclusion
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 24
1. Based on the Director’s determination provided on March 25, 2024, and the additional information provided in response to the Appellant’s letter, a living room cannot be counted as a bedroom for short-term rental.
2. It is reasonable to conclude that there is implied privacy when sleeping in any room, whether that be a hotel room, motel room, bedroom in a bed and breakfast, or bedroom in a short-term rental, and that implied privacy, while not always explicit (except for the definition of “room” from Britannica Dictionary) includes a door.
408
Staff Recommendation
05/09/2024 CITY COUNCIL AGENDA ITEM 11.A 25
1. Find that the staff report, including attachments, and any additional evidence provided at this hearing provides satisfactory evidence that the Development Services Director’s determination was correct.
2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, UPHOLDING THE DEVELOPMENT
SERVICES DIRECTOR DETERMINATION THAT A LIVING ROOM CANNOT BE
COUNTED AS A BEDROOM FOR PURPOSES OF A SHORT-TERM RENTAL AND MAKING FINDINGS IN SUPPORT THEREOF” (Attachment 1)
409