HomeMy WebLinkAboutItem 5 - B9001; B9006 Dirnberger PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: July 24, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE CITATIONS B9001 IN THE AMOUNT
$200 AND B9006 IN THE AMOUNT OF $500 FOR THE PROPERTY
LOCATED AT 1077 S. RIVERSIDE DR FOR VIOLATIONS OF PALM
SPRINGS MUNICIPAL CODE 11.72.080 AND 11.72.090
BY: Office of Special Programs Compliance Department
SUMMARY
Joseph Dirnberger has requested an appeal of administrative citation s B9001 and B9006
and associated fines relating to violations of Palm Springs Municipal Code (PSMC)
11.72.080 and 11.72.090 for unpermitted accessory structures existing on the property
and violations with setback requirements pursuant to Palm Springs Zoning Code.
RECOMMENDATION:
1)Open the Appeal Hearing and accept public testimony.
2)Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF CITATIONS B9001 AND B9006 TO JOSEPH DIRNBERGER FOR
VIOLATION S OF PALM SPRINGS MUNICIPAL CODE 11.72.080 AND 11.72.09
THIS PORTION OF PAGE BLANK
Item 5 - Page 1
Administrative Appeals Board Staff Report
July 24, 2024 - Page 2
1077 S. Riverside Dr., Palm Springs
BACKGROUND :
• The single-family dwelling located at 1077 S Riverside Dr was initially constructed
in 1949, with building permit 3514 issued in May 1948 approving four rooms and
a garage. At this time, the setbacks stipulated on the building permit were as
follows: Front: 25’, Side: 10’, Side: 15’, Rear: 10’.
*MicroFilm Scan of permit 3514 issued May 27, 1948 for the construction of the home.
Item 5 - Page 2
Administrative Appeals Board Staff Report
July 24, 2024 - Page 3
1077 S. Riverside Dr., Palm Springs
• In November 1962, building permit B4998 was issued to convert the existing
garage into a bedroom, adding approximately 283 sq ft of living area . At this time
the setbacks stipulated permit were as follows: Front: 25”, Sides:10.5’ Rear: 10’.
*M icroFilm Scan of permit B4998 issued November 19, 1962 to convert the existing
Garage to a bedroom
• In November 1970, building permit A1223 was issued to connect the structure to
the city’s sewer system. This permit also provides the earliest known diagram of
the structure that existed on the property .
Item 5 - Page 3
Administrative Appeals Board Staff Report
July 24, 2024 - Page 4
1077 S. Riverside Dr., Palm Springs
*Microfilm Scan showing the Diagram of the structure as it existed in 1970 as part of Permit
A1223, issued in 1970.
*Historical image taken in the 1970s highlighting the area where the carport/garage currently
exists but has yet to be constructed as you’re able to see the west side of the
house above the fence and the original angled roofline with attached.
Item 5 - Page 4
Administrative Appeals Board Staff Report
July 24, 2024 - Page 5
1077 S. Riverside Dr., Palm Springs
*Current satellite image with highlighted areas indicating the structure as permitted up to the
point of the earliest found diagram, as seen in Permit A1223, issued in 1970.
Item 5 - Page 5
Administrative Appeals Board Staff Report
July 24, 2024 - Page 6
1077 S. Riverside Dr., Palm Springs
• The property has been owned continuously by members of the Dirnberger family
since at least November 1970, at the time of the issuance of permit A1223.
• In September 2023, the Code Compliance Department received a report
concerning structures on the property located at 1077 S Riverside Dr. These
structures were allegedly within the side yard, failing to maintain the minimum
setback clearance and encroachin g onto the neighboring property. The reporting
party requested an investigation to determine if these structures were approved by
the city, as they appeared to be in violation of the city’s zoning code.
• Code Compliance Supervisor David Recio was assigned as the investigating
officer and upon his initial inspection found that there were structures maintained
within the minimum side yard setback area that were in violation of the city’s zoning
code. Code Case ZV -1023-0017 was opened in October 2023 and a courtesy
notice was sent via mail to the property owner instructing them to remove all
structures conne cted to the fence on the west side yard of the property. (Exhibit 1)
*Image taken from a neighboring property facing east showing both unpermitted
structures and their connection to the existing permitted structure.
Item 5 - Page 6
Administrative Appeals Board Staff Report
July 24, 2024 - Page 7
1077 S. Riverside Dr., Palm Springs
*Image taken from the street facing south along the west property boundary
• In November 2023, Code Compliance Supervisor David Recio conducted a n
inspection at the property along with Building Inspector Marco Velo where they
documented the interior of the garage/carport and connected outdoor living area
immediately to the south. It was represented to them at th at time that the
garage/carport structure was part of the original construction and that there weren’t
any zoning setback restrictions at that time. The assessment was then made that
the garage/carport structure w ould not need to be removed and this was
communicated to the property owner.
Item 5 - Page 7
Administrative Appeals Board Staff Report
July 24, 2024 - Page 8
1077 S. Riverside Dr., Palm Springs
*Image taken from the street in front of the property facing south of the garage/carport
clearly showing the separation from the existing structure roofline connected to the
unpermitted Carport/Garage
*Image taken from the interior of the accessory structure/patio awning
Item 5 - Page 8
Administrative Appeals Board Staff Report
July 24, 2024 - Page 9
1077 S. Riverside Dr., Palm Springs
*Image taken from the interior of the accessory structure/patio awning.
*Image taken from the interior of the unpermitted carport/garage.
Item 5 - Page 9
Administrative Appeals Board Staff Report
July 24, 2024 - Page 10
1077 S. Riverside Dr., Palm Springs
*Image taken from the interior of the unpermitted carport/garage.
• In December 2023, a representative of the Planning Department reviewed the
reported concerns regarding the structures. After conducting research into the
city’s historical zoning codes and the property's original construction, it was
determined that the accessory structures in question were unlikely to be part of the
original construction or legally non -conforming. Based on these findings, a request
was made to reopen the investigation and further assess the matter.
• In January 2024, the case file was transferred to Code Compliance Supervisor
Mitch Nabhan to continue the investigation into the permit history .
• In February 2024, an investigation into the permit history of 1077 S Riverside Dr
found that the subject accessory structures were not a part of the original
construction and there was no record of a permit having ever been issued for the
construction of the existing garage/carport installed along the west property line.
• On February 14, 2024, Code Compliance Supervisor Mitch Nabhan met with
Joseph Dirnberger, the property owner of 1077 S Riverside Dr, to inspect the
structures and discuss the city's findings regarding the permit history at the
property. A Courtesy Notice w as hand-delivered to the property owner with
instructions to remove all accessory structures that do not maintain the required
setback distance along the west side yard. The compliance deadline provided was
March 1, 2024. (Exhibit 2)
Item 5 - Page 10
Administrative Appeals Board Staff Report
July 24, 2024 - Page 11
1077 S. Riverside Dr., Palm Springs
*Current satellite image highlighting the two unpermitted structures. 1. Carport/Garage 2.
Accessory Structure/Patio Awning. S Riverside Dr serves as the property’s northern boundary
with the structures installed along the west property line .
• On March 14, 2024, the subject property remained in violation. Consequently, a
Notice of Violation letter was drafted, and a citation issued to the property owner,
Joseph Dirnberger. The notice and citation were sent via certified mail, with a
compliance deadline of March 28, 2024. (Exhibit 3-4)
Item 5 - Page 11
Administrative Appeals Board Staff Report
July 24, 2024 - Page 12
1077 S. Riverside Dr., Palm Springs
• On May 8, 2024, the subject property remained in violation. As a result, a second
Notice of Violation letter was drafted and a second citation issued to the property
owner, Joseph Dirnberger. The notice and citation were sent via certified mail, with
a compliance deadline of May 25, 2024. (Exhibit 5-6)
STAFF ANALYSIS :
• Staff has determined that the accessory structures along the west property line,
including the garage/carport structure and the attached patio structure to its south,
were not part of the original construction and have never been considered legally
non -conforming. These structures were built without the necessary pe rmits
required by the city's building code and do not meet the minimum side yard setback
clearance stipulated by the city's zoning code.
• Subsequent meetings with the property owner, Joseph Dirnberger , have resulted
in the following options presented to him to resolve the outstanding violation s
o Remove all accessory structures currently installed that do not maintain the
required setback distance along the west side yard of the property.
o Apply for and obtain a variance from the Planning Commission through the
city's codified variance process, allowing the currently unpermitted structure
to remain as it currently exists or partially thereof.
• Should the violation not be corrected, the violation may be abated by the City
through further administrative proceedings, including but not limited to added
inspections and directions to remediate the violation, administrative citations,
judicial process, or by entry upon the property by City employees or contractors
for purposes of effecting those actions necessary to correct the violation. If such
further action by the City is necessary, the property owner will be charged a fee
equal to the actual costs incurred by the City in obtaining compliance with the
Notice, including, but not limited to, subsequent inspection costs, staff time,
overhead and legal expenses including attorney's fees.
THIS PORTION OF PAGE BLANK
Item 5 - Page 12
Administrative Appeals Board Staff Report
July 24, 2024 - Page 13
1077 S. Riverside Dr., Palm Springs
The following Palm Springs Municipal Codes sections and Regulations are applicable to
this matter.
§ 11.72.080 - Zoning ordinance violations.
Any violation of the zoning ordinance of the city is a public nuisance.
§ 11.72.090 - Building code violations.
Any violation of the Palm Springs building code (Title 8 of this code) as amended is a
public nuisance.
Mitch Nabhan, Code Compliance Supervisor
Special Program Compliance
Attachments:
1. Resolution no. _____
Exhibits
1. Courtesy Notice issued 10/1/2023 by David Recio
2. Courtesy Notice issued 2/14/2024 by Mitch Nabhan
3. Notice of Violation letter issued 3/14/2024 by Mitch Nabhan
4. Copy of First Citation, B9001, issued on 3/14/2024 by Mitch Nabhan
5. Notice of Violation letter issued 5/08/2024 by Mitch Nabhan
6. Copy of Second Citation, B9006, issued on 5/08/2024 by Mitch Nabhan
7. Photo Scan of City Resolution No. 257
8. Photo Scan of Uniform Building Code, 1952 Edition, Ch apter 3 section 301
9. Statement from David Recio, former Code Compliance Supervisor
10. Exerpt of current City Zoning Regulations – Property development standards
11. County Assessors Recording & Sketch/Area Table for 1077 S Riverside Dr
Item 5 - Page 13
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF CITATIONS B9001 AND B9006 TO
JOSEPH DIRNBERGER FOR VIOLATIONS OF PALM
SPRINGS MUNICIPAL CODE 11.72.080 AND 11.72.090
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS The property located at 1077 S. Riverside Dr. was constructed as a
single-family dwelling with building permit 3514 issued in May 1948 approving four
rooms and a garage; and
WHEREAS, In November 1962, building permit B4998 was issued to convert the
existing garage into a bedroom, adding approximately 283 sq ft of living area.; and
WHEREAS, In November 1970, building permit A1223 was issued to connect the
structure to the city’s sewer system. providing the earliest known diagram of the
structure that existed on the property; and
WHEREAS, In September 2023, The City of Palm Springs Code Compliance
investigated the property located at 1077 S. Riverside Dr. and found accessory
structures within the minimum side yard setback area as defined in Palm Springs
Zoning Code 92.01.03(b2); and
WHEREAS, In October 2023, The City of Palm Springs Code Compliance
opened Code Compliance Case ZV-1023-0017 for the property located at 1077 S.
Riverside Dr for violations of Palm Springs Municipal Code 11.72.080 – Zoning
Ordinance Violations and 11.72.090 – Building Code Violations; and
WHEREAS, In December 2023, The City of Palm Springs Planning Department
after reviewing historical zoning codes and original construction for the property located
at 1077 S. Riverside Dr., found the accessory structures within the minimum side yard
setback area were not part of the original construction and were not identified as legally
non-conforming; and
WHEREAS, In February 2024, an investigation into the permit history of 1077 S
Riverside Dr found that the subject accessory structures were not a part of the original
construction and there was no record of a permit having ever been issued for the
construction of the existing garage/carport installed along the west property line within
the minimum side yard setback; and
Item 5 - Page 14
Resolution No.
Page 2
WHEREAS, In February 2024, a Courtesy Notice was hand-delivered to the
property owner with instructions to remove all accessory structures that do not maintain
the required setback distance along the west side yard; and
WHEREAS, On March 14, 2024, a Notice violation and citation B9001 was
issued to Joseph Dirnberger, the property owner on file for 1077 S. Riverside Dr., with
instructions to remove all accessory structures that do not maintain the required setback
distance along the west side yard with a compliance deadline of March 28, 2024; and
WHEREAS, On May 8, 2024, a Notice violation and citation B9006 was issued to
Joseph Dirnberger, the property owner on file for 1077 S. Riverside Dr., with instructions
to remove all accessory structures that do not maintain the required setback distance
along the west side yard with a compliance deadline of May 25, 2024; and
WHEREAS, Joseph Dirnberger filed an administrative appeal of the
Administrative Citation No. B9001 and Administrative Citation No. B9006 for violations
of Palm Springs Municipal Code 11.72.080 and 11.72.090 for the property located at
1077 S. Riverside Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on July 24, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Joseph Dirnberger violated 11.72.080 of the Palm Springs Municipal Code by an
accessory structure installed in violation of the required setback distance as defined in
Palm Springs Zoning Code 92.01.03(b2); and
WHEREAS, the Administrative Appeals Board was presented evidence that
Joseph Dirnberger violated 11.72.090 of the Palm Springs Municipal Code by an
accessory structure installed with out approved permits in violation Title 8 titled Building
and Construction of the Palm Springs Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on July 24, 2024;
and
Item 5 - Page 15
Resolution No.
Page 3
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 11.72.080
and 11.72.090. The Administrative Appeals Board upholds administrative
citation B9001 and administrative citation B9006
The Appellant is not in violation of Palm Springs Municipal Code
11.72.080 and 11.72.090. The Administrative Appeals Board overturns
administrative citation B9001 and administrative citation B9006
THIS PORTION OF PAGE BLANK
Item 5 - Page 16
Resolution No.
Page 4
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2024.
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. is a full, true, and correct copy, and was duly adopted at a meeting of
the Administrative Appeals Board of the City of Palm Springs
on the day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this day of .
Brenda Pree, MMC, CERA
City Clerk
Item 5 - Page 17
Exhibit 1Item 5 - Page 18
Item 5 - Page 19
COURTESY NOTICE
City of Palm Springs
Code Compliance
425 N Civic Dr, P.O Box 2743, Palm Springs CA 92263
Case Number: ZV-1023-0017
Date of Issuance: 02/14/2024
To: JOSEPH M DIRNBERGER
1077 S RIVERSIDE DRIVE
PALM SPRINGS, CA 92264
In accordance with Chapter 11.72 of the Palm Springs Municipal Code (PSMC), you are hereby notified
that a Municipal Code Violation defined as a Public Nuisance has been determined to exist on the
property described below. You are specifically responsible to ensure that this violation is corrected in
compliance with this notice. Your failure to do so will result in the issuance of an Administrative Citation
with fines of $100.00 per violation, with subsequent citations carrying fines of $250.00 per violation and
$500.00, respectively.
If further action by the City is necessary in obtaining compliance with the Notice, you may be charged a
fee equal to the actual costs incurred by the City, including, but not limited to, subsequent inspection
costs, staff time, overhead and legal expenses, including attorney's fees. Current fees for the City
costs are as follows: General staff and inspection time @ $101.00/hr. City attorney time @$200.00/hr.
I. The public nuisance which is the subject of this notice exists on the following property:
Street Address: 1077 S RIVERSIDE DR S, PALM SPRINGS, CA 92264
APN: 508261006
II.A description of the conditions/violations that were found on your property are listed below:
Structures built without first obtaining a permit along the west side yard that do not provide the required
minimum side yard setback clearance.
Property so maintained is in violation of the Palm Springs Municipal Code, PSMC, and constitutes a
public nuisance. These conditions must be corrected by 03/01/2024, in the following manner:
Please remove the unpermitted Carport/Structure constructed along the west property line.
Please remove all accessory structures currently installed that do not maintain the required setback distance along the
west side yard of the property. There must be 10 feet of clearance as required by the setback zoning code. Please
reference the Palm Springs Zoning Code 92.01.03 (B2). Property Development Standards.
Ill. A description of the Violation(s) and the relevant code section(s) is as follows:
PSMC 11.72.080 - Zoning Ordinance Violations - Zoning Any violation of the zoning ordinance of the city is a public
nuisance.
Exhibit 2
Item 5 - Page 20
PSMC 11.72.090 Building Code Violations - Work without permits Any violation of the Palm Springs building code (Title
8 of this code) as amended is a public nuisance.
As the owner of the property at issue or as the individual or entity responsible for the violation,
you are individually responsible for correcting the violation.
Should the violation not be corrected within the time period specified in this notice, the violation may be
abated by the City through further administrative proceedings, including but not limited to added
inspections and directions to remediate the violation, judicial process or by entry upon the property by
city employees or contractors for purposes of effecting those actions necessary to correct the violation.
If such further action by the City is necessary, you will be charged a fee equal to the actual costs
incurred by the City in obtaining compliance with this notice, including but not limited to subsequent
inspection costs, staff time, overhead, and legal expenses including attorney's fees.
Current fees for city costs are as follows:
General staff & inspection time @ $101.00/hour, minimum one hour.
City attorney time@ $200.00/hour.
Appeal Procedure:
This Courtesy Notice is not a citation; it may not be appealed.
If you have any questions you can reach me at 760-323-8244 x8745 or
mitchell.nabhan@palmspringsca.gov.
Thank you in advance for your compliance.
Mitchell Nabhan
Code Compliance Supervisor
City of Palm Springs
Item 5 - Page 21
NOTICE OF VIOLATION
City of Palm Springs
Code Compliance
425 N Civic Dr, P.O Box 2743, Palm Springs CA 92263
Date of Issuance: 03/14/2024
Case Number: ZV-1023-0017
To: Joseph Dirnberger
1077 S Riverside Dr
Palm Springs, CA 92264
In accordance with Chapter 11.72 of the Palm Springs Municipal Code (PSMC), you are hereby
notified that a Municipal Code Violation defined as a Public Nuisance has been determined to exist
on the property described below. You are specifically responsible to ensure that this violation is
corrected in compliance of the Notice. Your failure to do so may result in the assessment of certain
costs and expenses against you as described below.
The public nuisance which is the subject of this notice exists on the following property:
Street Address: 1077 S RIVERSIDE DR S, PALM SPRINGS, CA 92264
APN: 508261006
A description of the Violation(s) and the relevant code section(s) is as follows:
Structures built without first obtaining a permit along the west side yard that do not provide the required
minimum side yard setback clearance.
Property so maintained is in violation of the City municipal code and constitutes a Public Nuisance. This
condition must be corrected by 03/28/2024, in the following manner:
Please remove the unpermitted Carport/Structure constructed along the west property line.
Please remove all accessory structures currently installed that do not maintain the required setback distance
along the west side yard of the property. There must be 10 feet of clearance as required by the setback zoning
code. Please reference the Palm Springs Zoning Code 92.01.03 (B2). Property Development Standards.
PSMC 11.72.080 - Zoning Ordinance Violations - Zoning Any violation of the zoning ordinance of the city is a public
nuisance.
PSMC 11.72.090 Building Code Violations - Work without permits Any violation of the Palm Springs building code (Title
8 of this code) as amended is a public nuisance.
Exhibit 3
Item 5 - Page 22
Should the violation not be corrected within the time period specified in this Notice, the violation
may be abated by the City through further administrative proceedings, including but not limited to,
added inspections and directions to remediate the violation, administrative citations, judicial
process or by entry upon the property by City employees or contractors for purposes of effecting
those actions necessary to correct the violation. If such further action by the City is necessary, you
will be charged a fee equal to the actual costs incurred by the City in obtaining compliance with the
Notice, including, but not limited to, subsequent inspection costs, staff time, overhead and legal
expenses including attorney's fees. Current fees for the city costs are as follows:
Administrative citations can be issued if violations are not corrected the first administrative
citation Is $100 per' violation, the second is $250 per violation, and the third citation in a
twelve-month period is $500 per violation. As the owner of the property at issue or as the
individual or entity responsible for the violation, you are individually responsible for
correcting the violation.
General staff and inspection time@$101.00/hr. City attorney time @$200.00/hr.
ln accordance with Chapter 11.72 of the Palm Springs Municipal Code, an appeal to the Palm
Springs Administrative Appeals Boards or Board of Appeals, as provided by City code, in writing,
may be filed regarding this Notice. Any such appeal shall be filed with the City Clerk within ten (10)
days from the date this Notice was issued, along with applicable filing fees as determined in the
comprehensive fee schedule. Absent a contrary determination incident to an appeal, the
responsible party remains obligated to comply with this Notice of Violation of Nuisance. Questions
should be directed to the undersigned. Thank you for your cooperation.
______________________________________
Mitchell Nabhan
Code Supervisor
City of Palm Springs
Mitchell.Nabhan@palmspringsca.gov
760-323-8244 x8745
Item 5 - Page 23
Exhibit 4Item 5 - Page 24
NOTICE OF VIOLATION
City of Palm Springs
Code Compliance
425 N Civic Dr, P.O Box 2743, Palm Springs CA 92263
Date of Issuance: 05/08/2024
Case Number: ZV-1023-0017
To: Joseph Dirnberger
1077 S Riverside Dr
Palm Springs, CA 92264
In accordance with Chapter 11.72 of the Palm Springs Municipal Code (PSMC), you are hereby
notified that a Municipal Code Violation defined as a Public Nuisance has been determined to exist
on the property described below. You are specifically responsible to ensure that this violation is
corrected in compliance of the Notice. Your failure to do so may result in the assessment of certain
costs and expenses against you as described below.
The public nuisance which is the subject of this notice exists on the following property:
Street Address: 1077 S RIVERSIDE DR S, PALM SPRINGS, CA 92264
APN: 508261006
A description of the Violation(s) and the relevant code section(s) is as follows:
Structures built without first obtaining a permit along the west side yard that do not provide the required
minimum side yard setback clearance.
Property so maintained is in violation of the City municipal code and constitutes a Public Nuisance. This
condition must be corrected by 05/25/2024, in the following manner:
Please remove the unpermitted Carport/Structure constructed along the west property line.
Please remove all accessory structures currently installed that do not maintain the required setback distance
along the west side yard of the property. There must be 10 feet of clearance as required by the setback zoning
code. Please reference the Palm Springs Zoning Code 92.01.03 (B2). Property Development Standards.
PSMC 11.72.080 - Zoning Ordinance Violations - Zoning Any violation of the zoning ordinance of the city is a public
nuisance.
PSMC 11.72.090 Building Code Violations - Work without permits Any violation of the Palm Springs building code (Title
8 of this code) as amended is a public nuisance.
Exhibit 5
Item 5 - Page 25
Should the violation not be corrected within the time period specified in this Notice, the violation
may be abated by the City through further administrative proceedings, including but not limited to,
added inspections and directions to remediate the violation, administrative citations, judicial
process or by entry upon the property by City employees or contractors for purposes of effecting
those actions necessary to correct the violation. If such further action by the City is necessary, you
will be charged a fee equal to the actual costs incurred by the City in obtaining compliance with the
Notice, including, but not limited to, subsequent inspection costs, staff time, overhead and legal
expenses including attorney's fees. Current fees for the city costs are as follows:
Administrative citations can be issued if violations are not corrected the first administrative
citation Is $100 per' violation, the second is $250 per violation, and the third citation in a
twelve-month period is $500 per violation. As the owner of the property at issue or as the
individual or entity responsible for the violation, you are individually responsible for
correcting the violation.
General staff and inspection time@$101.00/hr. City attorney time @$200.00/hr.
ln accordance with Chapter 11.72 of the Palm Springs Municipal Code, an appeal to the Palm
Springs Administrative Appeals Boards or Board of Appeals, as provided by City code, in writing,
may be filed regarding this Notice. Any such appeal shall be filed with the City Clerk within ten (10)
days from the date this Notice was issued, along with applicable filing fees as determined in the
comprehensive fee schedule. Absent a contrary determination incident to an appeal, the
responsible party remains obligated to comply with this Notice of Violation of Nuisance. Questions
should be directed to the undersigned. Thank you for your cooperation.
______________________________________
Mitchell Nabhan
Code Supervisor
City of Palm Springs
Mitchell.Nabhan@palmspringsca.gov
760-323-8244 x8745
Item 5 - Page 26
Exhibit 6Item 5 - Page 27
Scan of City Resolution No. 257 adopting the
Uniform Building Code, 1952 Edition
Scan of The Uniform Building Code, 1952
Edition:
Chapter 3 – Permits and Inspection
Section 301 – Permits Required
“No person, firm or corporation shall erect,
construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building or
structure in the city, or cause the same to be
done, without first obtaining a separate building
permit for each such building or structure from
the Building Official.”
Exhibit 7
Exhibit 8
Item 5 - Page 28
Exhibit 9
Item 5 - Page 29
5 Select Language I T ]
City of Palm Springs, CA
Wednesday, July 17, 2024
Chapter 92.00. Zoning Regulations
§92.01 .03. Property development standards.
The following property development standards shall apply to all land and buildings in the R-1 zones,
except that any lot created in compliance with applicable laws and ordinances in effect at the time of is
creation may be used as a building site.
All lots hereafter created shall comply with the following minimum standards and lots now held under
separate ownerships or of record shall not be reduced below these standards.
A.Minimum Lot Standards.
R-1-AH R-1-A R-1-B R-1-C R-1-0 R-1-E
1.Lot area
(in square feet)20,000 20,000 15,000 10,000 7,500 5,000
(fairway lots only)12,500
2.Minimum width (in feet):
Interior lots 130 130 120 100 75 50
Corner lots:
a.Siding local/ collector 140 140 130 110 82 55
street
b.Reverse 140 140 130 110 92 55
c.Siding major thoroughfare 165 165 150 140 117 NP 1
d.Siding secondary 155 155 140 130 107 65
thoroughfare
e.Cul-de-sac/curve lots (av-130 130 120 100 75 50
erage widths)
3.Minimum depth (in feet):
Backing on:
a.Interior lot/Local/Collector 120 120 120 100 100 90
street
b.Major thoroughfare/State 160 160 160 140 140 100
hwy.
c.Secondary thoroughfare 150 150 150 130 130 100
d.Fairway 120 120 120 100 100 90
Facing on:
a.Major thoroughfare 145 145 145 125 125 NP 1
b.Secondary thoroughfare 135 135 135 115 115 100
Not permitted.
Exhibit 10
Item 5 - Page 30
B. Yards and Building Standards.
R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E
1. Front yards :
a . Local/Collector street 25 25 25 25 25 15
b. Major thoroughfare 50 50 50 50 50 NP1
c . Secondary thoroughfare 25 25 25 25 25 20
d . Service road 25 25 25 25 25 15
e . Curve loUCul-de-sac 20 20 20 20 20 15
f. Special conditions (See
Section 93 .01 .00)
2 . Side yards:
a . Interior 10 10 10 10 7.5 6
b. Corner
(1) Local/Collector street 20 20 20 20 15 15
(2) Reverse on local street 25 25 25 25 25 15
(3) Major thoroughfare 50 50 50 50 50 NP1
(4) Secondary thoroughfare 25 25 25 25 25 25
(5) Service road 25 25 25 25 25 15
(6) Special conditions (See
Section 93 .01 .00)
3. Rear yards :
a. Backing on interior loUlocal/ 15 15 15 15 15 15
collector street
b. Backing on major 25 25 25 25 25 25
thoroughfare
c . Backing on secondary 25 25 25 25 25 25
thoroughfare
d . Backing on fairway 20 20 20 20 20 15
e . Special conditions (See
Section 93 .01 .00)
4 . Lot coverage (max.) 35% 35% 35% 35% 35% 45%
5. Building Envelope. Buildings
shall not exceed one story and
12 feet in height at the minimum
setback. From the minimum set-
back, the height may be allowed
to increase along a plane which
has a slope of 4 : 12, until a build-
ing height of 18 feet is attained .
Gable ends, dormers, shed roof
eaves, butterfly or folded-plate
roofs, and front entrance treat-
ments, not exceeding 15 feet in
height, may encroach past the
building envelope limits. These
regulations may be modified by
the Architectural Review
Item 5 - Page 31
Committee for hillside lots pur-
suant to Section 94 .06 .01 .
6. Garages/Carports. Garages
shall be located not less than 25
feet from the property line abut-
ting the street from which such
garage has vehicular access or
25 feet from the opposite side of
the alley from which such garage
has vehicular access. In the R-1-
E zone, garages shall be located
not less than 20 feet from the
front and side front property
lines. Garages may be detached
from the main building in the R-
1-A, R-1-AH and hillside areas
only.
Not permitted .
C. Yard Exceptions.
1. Front Yards.
R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E
a. Lots substandard in depth by 10% or greater than the zone requirement facing on a major
or secondary thoroughfare shall have a front yard of not less than 25 feet.
i. The front 15 feet of such yard shall be landscaped and maintained . The rear portion of
such front yard may be used for accessory nondwelling structures and uses;
provided:
(A) A wall or solid fence not more than six feet in height or solid screen landscaping
is installed not less than 15 feet from the front property line or future highway line;
(B) No accessory structures within such rear portion shall have a height greater than
10 feet;
(C) No accessory structure within such rear portion shall be less than 10 feet from
such wall, fence or screen landscaping unless the height of such structure is less
than the height of such wall, fence or screen landscaping;
(D) No structure shall be permitted in any corner cutback area.
b. Key lots shall have a front yard not less than the front yard for the adjoining interior lot.
When the front yard on the adjoining interior lot is less than prescribed by this Zoning
Code, the key lot front yard may be the same but shall in no case be less than 15 feet.
c. Partially Built-up Blocks .
Where lots comprising 50% or more of the block frontage are developed with a front yard
lesser than that prescribed in this Zoning Code, the average of such existing front yards
shall establish the front yard for the remaining lots in the block frontage; provided, a front
yard determined in this manner shall be not less than 15 feet. Existing front yards greater
than 40 feet shall be computed as 40 feet in computing the average.
d. Neighborhood Unit Plans.
Where the entire block frontage is designed and developed as a unit, the front yard
requirements may be varied by not more than five feet in either direction; provided that, Item 5 - Page 32
County of Riverside
508261006
508261006
508261006
Assessor-County Clerk-Recorder
PIN
AIN
GeoCode
Peter Aldana
Assessor-County Clerk-Recorder
PO BOX 751
Riverside, CA 92502-0751
(951) 955-6200
www.rivcoacr.com
Primary Situs Address 1077 S RIVERSIDE DR,PALM SPRINGS,CA 92264
LOT 12 BLK G MB 022/069 TAHQUITZ RIVER ES
Tag 011-003 PALM SPRINGS
Legal Description
Market Area
Property Class
Neighborhood
Residential - Riverside County
Single Family Dwelling
IN0945
Site
Land
Acreage Zoning Land Type
0.2500 Residential
Building
Name
Improvement Type
Living Area
Building 1
Modern Single Family Residence (1950-
1990)
1788.00
Year Built
Effective Year
1949
1949 1.00# Stories in Building
Building Section
Improvement Year Built Eff Year Actual Area Quality % Complete
Main Dwelling 100.00%6.0194919491788.00
Building Section Unit Elements
Category Code Unit Count
Bath Fixtures Bathroom Fixtures 8
Building Additive Fireplace (Cost)1800
Building Additive Heat and Cooling (Cost)4470
Room Count Bedroom 3
Room Count Dining Room 1
Room Count Family Room / Den 0
RIVERSIDE COUNTY IS NOT LIABLE FOR ERRONEOUS OR INCOMPLETE DATA
CALIFORNIA REVENUE & TAXATION CODE SECTION 408.3 (D)
**ZONING IS NOT MAINTAINED BY THE ASSESSOR'S OFFICE, CONTACT THE COUNTY OR CITY PLANNING DEPARTMENT**
Exhibit 11
Item 5 - Page 33
Room Count Bath - Full 2
Room Count Kitchen 1
Room Count Living Room 1
Room Count Utility Room 0
Fractional Area (1/3)100.00%6.01949194950.00
Feature
Description Actual Area Year Built Eff. Year Quality Condition %
Complete
Yard Improvement / Yard
Improvement (RCN)
0 1949 1949 N/A Average 1.0000
Yard Improvement / Pool
Extra (RCN)
0 1949 1948 Average Average 1.0000
Yard Improvement / Pool
(RCN)
0 1949 1948 Average Average 1.0000
RIVERSIDE COUNTY IS NOT LIABLE FOR ERRONEOUS OR INCOMPLETE DATA
CALIFORNIA REVENUE & TAXATION CODE SECTION 408.3 (D)
**ZONING IS NOT MAINTAINED BY THE ASSESSOR'S OFFICE, CONTACT THE COUNTY OR CITY PLANNING DEPARTMENT**
Item 5 - Page 34
y
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/If
fl
2..0
··-·------,;20 x.;;. ""_ �-----__ .,loo ___
---------'-17_ _! � ../ "4'o_ t _____ _
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Item 5 - Page 35
SKETCH/AREA TABLE ADDENDUM
APN 508261006-4 Dev/Pin CUSTOM -1788
Address 1077 S RIVERSIDE DR
City PALM SPRINGS County RIVERSIDE State CA Zip 92264
11 Permit
•
I
PI/Mea RE-DRAWN FROM BUILDING RECORD Date Drawn SEPTEMBER 14, 2004
Appraiser No SCHON Property of RIVERSIDE COUNTY ASSESSOR
28.0' b
44.0'
First Floor 1/1
1788.0 sf
b
24.0'
b
28.0'
AREA CALCULATIONS SUMMARY
Code Description Factor Net Size Perimeter Net Totals
GLAl First Floor 1/1 1.00 1788.00 220.0 1788.00
POR Porch 1.00 50.00 30.0 50.00
TOTAL LIVABLE (rounded) 1788
Rlv0181de County .......,. APEX SOFlWARE 800-858-9958
b 20.0'
'69Add Porch 1/3
b ci
50.0 sf
5.0'
ci ...
Scale: 1 • 12
LIVING AREA BREAKDOWN
Breakdown Subtotals
First Floor 1/1
17.0 X 44.0 748.00
3.0 X 20.0 60.00
28.0 X 35.0 980.00
3 Calculations Total (rounded) 1788
Apx7100-w Apex2 Item 5 - Page 36