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Home My WebLink AboutPublic Comment - Item 5Photo taken in May 2023. This is before we called the city, before we got a survey done, and before we knew where the property line was and what was behind the hedges. The oleader and bougainvillea did a very good job in hiding the structures next door. 07/24/2024 Public Comment Item 5 This is a photo of our house taken in the late 70s. The orientation is facing southeast towards the neighbors’ house. Only the edge of the gable roof of the neighbor’s house is visible in this photo. No flat roof between the house and the cedar fence can be seen. We were told repeatedly for several years that the structures in the setback were grandfathered in because they were there since 1949. Imagine our surprise in stumbling onto this old photo. 07/24/2024 Public Comment Item 5 This photo is from 2017. The orientation is the same as the 1976 photo, but now the angle of the gabbled roof is altered, and the flat roof of the non-conforming structure is clearly visible next to the fence. 07/24/2024 Public Comment Item 5 This photo shows what is left of the gable roof after the addition of the structures in the setback. 07/24/2024 Public Comment Item 5 There are no setbacks at the property next door. If emergency crews had to get to a fire in the back of this property, there would be no access. 07/24/2024 Public Comment Item 5 This photo shows how close the buildings are to the property line. Note the trench on the right of the driveway. We were only able to dig this far before the distance of the building got too close for us to continue. It is clearly visible in the photo how the building get wider and closer to the boundary as they go back into the property. Everything on the left of this photo need to be dismantled. 07/24/2024 Public Comment Item 5 This photo’s angle shows how the structure next door slowly jogs out as it gets further from the street. Distance to the property line goes from 11” to less than 3”, making it impossible to dig the required 36”x36” trench required by code for the footing of our wall. 07/24/2024 Public Comment Item 5 Photo taken before Aug 2023 Survey. Looking north from our side yard - The old oleander and bougainvillea hedges did a great job of hiding the structures next door 07/24/2024 Public Comment Item 5 Photo taken before Aug 2023 Survey. Looking south east from our side yard - The old oleander and bougainvillea hedges did a great job of hiding the structures next door 07/24/2024 Public Comment Item 5 Photo taken after the Aug 2023 Survey. Looking south east from our side yard - The old oleander and bougainvillea removed, exposing the 51 foot structure, 8 foot plywood fence. 07/24/2024 Public Comment Item 5 Photo taken after the Aug 2023 Survey. Looking north from our side yard - The old oleander and bougainvillea removed, exposing the 51 foot structure, 8 foot plywood fence. The exterior of the structure is comprised of 2 or more layers of old fence, reclaimed lumber, shade cloth, corrugated metal panels and interior window blinds. 07/24/2024 Public Comment Item 5 Photo taken after the Aug 2023 Survey and removal of trees. The structure seems to be comprised of reclaimed materials, ad hoc construction methods. The walls are comprised of several layers of plywood, old fence over older fence, tarps and window blinds. 07/24/2024 Public Comment Item 5 Photo taken after the Aug 2023 Survey and removal of bougainvillea bushes. This rotten fence seems to be made up of generations of older fences. We expected our neighbor to fix, repair or address this but instead he chose to cover it with shade cloth. 07/24/2024 Public Comment Item 5 The exposed rotten fence was covered in shade cloth for the next several months. We added the trees seen in the photo so we didn’t have to stare at the structure. We waited from August until late October to start our wall… 07/24/2024 Public Comment Item 5 The exposed rotten fence was covered in shade cloth for the next several months. Rather than continue to stare at this view, we went out and bought 18 fichus trees in containers to help hide structure. This photo is from a week after the survey was done and trees cleared (Aug 10th) 07/24/2024 Public Comment Item 5 The structures are so close that the only way our neighbor can maintain them is to trespass onto our property. 07/24/2024 Public Comment Item 5 The structures are so close that the only way our neighbor can maintain them is to trespass onto our property. 07/24/2024 Public Comment Item 5 The structures are so close that the only way our neighbor can maintain them is to trespass onto our property. 07/24/2024 Public Comment Item 5 These are just a few examples of my neighbor walking onto our property, uninvited, to talk to our wall builder, our gardeners, the crew installing our gates. I was in our house when all these photos were taken. He never asked to speak to me. He addressed all his questions to the people working for me… 07/24/2024 Public Comment Item 5 The structure jogs out about a foot, and after a strong wind, it is possible to see what the roof/ceiling of the structure is made of. The original claim was that the buildings have been there since 1949. But the materials and methods used indicate the building can not predate the 1970s. The previous owner of my house estimates the building went up in the 80s or 90s 07/24/2024 Public Comment Item 5 These joist hangers were patented in the mid 60s. They are unpainted, and the lumber around them is painted. Suggesting the structure was built with reclaimed lumber from another structure. There is no possible way this was here in 1949. 07/24/2024 Public Comment Item 5 LVL Lumber - Commonly referred to as I-Joists. These were invented in 1969. So, the structure cannot possibly be from 1949. The beams being painted, yet the hardware being unpainted suggests the materials used may be reclaimed from a previous older building... Making their age almost impossible to nail down beyond 1980 07/24/2024 Public Comment Item 5 This is how the structure appeared in March 2024. 07/24/2024 Public Comment Item 5 This is how the structure appears today. Completely shrouded in camouflage netting and half a dozen trees. 07/24/2024 Public Comment Item 5 This is how the structure appears today. Completely shrouded in camouflage netting and half a dozen trees. 07/24/2024 Public Comment Item 5 1 Marcel Fontaine From:Marcel Fontaine Sent:Tuesday, February 13, 2024 12:40 PM To:Dana MacAllister Jr. Subject:RE: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside Attachments:1970s Roofline.jpeg; 1970s.jpeg; 2000s Roofline.jpeg; 2000s.jpeg; Rotten Fence.jpeg; Structure.jpeg Dana, Thank you for the quick reply. Problem is… I have been speaking to people in the Code Enforcement dept and they have not been very clear as to what is happening. - In May 20223 - When we contacted the city with our intention to build a block wall, but suspected the structures next-door would be a problem, we were told we needed to get a survey, and the city would do what was required IF the building encroached on the setback - In August 2023 it was determined the structures next-door were in fact encroaching on the property line/setbacks and needed to be removed - In Sept I was told by Code Enforcement a case was started, and a letter was being sent to the neighbor. I was never given a Code Case # - In November 2023, when I asked for an update, I was told by the same person in Code that the buildings no longer needed to be removed because they were told that the 51’ structure was original to the 1949 construction of the house. We informed David Recio at that time that this information was not factual. We have photos taken in the 70s or 80s showing no such structure on the property existed. If the legitimacy of this photo was in question, the Structures in question are constructed with materials that were not invented until 1969. All this information has been shared with both Code and Building and Safety months ago. So… The If the owner next-door claims the buildings are original to 1949 why would the city then tell me that these same structure may have been permitted at some point in the 70s or 80s…But, the record of this may have been lost. All one has to do is look at the structures to see this was never permitted, or sanctioned. The structures are not Spanish or mid-century modern. They look like they were built by a group of twelve year olds building a tree fort. These buildings need to be gone, so that we can proceed with our original plan to build a block wall. I appreciate your time, and reply. Thank you 07/24/2024 Public Comment Item 5 2 From: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov> Sent: Tuesday, February 13, 2024 11:07 AM To: Marcel Fontaine <marcel.fontaine@rossvideo.com>; Mark Lambermont <Mark.Lambermont@palmspringsca.gov>; David Recio <David.Recio@palmspringsca.gov> Cc: Ken Lyon <Ken.Lyon@palmspringsca.gov> Subject: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside Hi Marcel, I have spoken with Rey about your situation, but there is nothing that the Building and Safety department can do at this time. You have been issued a building permit and can legally perform the work under that permit. If you have an issue with structures on a neighboring property, you will need to reach out to Code Enforcement department and start the complaint process. The Building Department regulates new construction only and does not investigate complaints of work without a permit. As with all projects constructed at or near the property line, it is your responsibility to ensure you do not alter your neighbor’s property in any way. If you have concerns about undermining the foundation of neighboring structure, you will need to take the necessary precautions when excavating or move the wall away from the property line to a distance where you can safely excavate. Regards, DANA MacALLISTER CBO, MCP | BUILDING OFFICIAL City of Palm Springs | Department of Building and Safety 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 T : 760.323.8221 | C : 760.422.9585 Dana.MacAllister@PalmSpringsCA.Gov From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Tuesday, February 13, 2024 10:55 AM To: Mark Lambermont <Mark.Lambermont@palmspringsca.gov>; David Recio <David.Recio@palmspringsca.gov> Cc: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov>; Ken Lyon <Ken.Lyon@palmspringsca.gov> Subject: Setback encroachment at 1047/1077 South Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Mark, I called and left you both a voicemail Friday 1/2/2024. This email is being sent to have that calls on record. I called because I have not received a reply from anyone to my emails from over a month ago. I am still waiting to get an update as to when the structures next door, at 1077 S Riverside, will be dealt with and removed. 07/24/2024 Public Comment Item 5 3 We are disappointed that the various departments we’ve contacted at City of Palm Springs would be so derelict in not dealing with this situation we brought to their attention. Especially after doing everything that we were directed to do by the City of Palm Springs. After all the time and money we’ve spent… It is very frustrating to see nothing be addressed. Is something happening ? Is this situation going to improve and allow us to build our wall? We’ve provided you with documentation that the structures in question are not original to 1949 and are clearly infringing on the setback. After all this time how can the city acknowledge that this is a problem and a liability, and chose to do nothing? This has been going on since May 2023. The mishandling of this issue and the lack of communication on your behalf has us concerned that this will never be properly dealt with. If we do not see any progress or hear back from someone in Building and Safety or Code Enforcement in the next 30 days, we will have no choice but to proceed with retaining the services of an attorney. Marcel and Tracey Fontaine (760) 898-2274 1047 S Riverside Drive Palm Springs CA 92264 USA ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 1 Marcel Fontaine Subject:FW: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside From: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov > Sent: Tuesday, February 13, 2024 4:09 PM To: Marcel Fontaine <marcel.fontaine@rossvideo.com> Cc: Mitch Nabhan <mitchell.nabhan@palmspringsca.gov>; Mark Lambermont <Mark.Lambermont@palmspringsca.gov >; Reynaldo Bermudez <Reynaldo.Bermudez@palmspringsca.gov>; Ken Lyon <Ken.Lyon@palmspringsca.gov> Subject: RE: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside Hi Mitch, What’s the status of your investigation, and have you been able to obtain an inspection warrant on the neighbor’s property? If so we can accompany you on the inspection. Thanks, DANA MacALLISTER CBO, MCP | BUILDING OFFICIAL City of Palm Springs | Department of Building and Safety 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 T : 760.323.8221 | C : 760.422.9585 Dana.MacAllister@PalmSpringsCA.Gov From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Tuesday, February 13, 2024 3:43 PM To: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov> Cc: Mitch Nabhan <mitchell.nabhan@palmspringsca.gov>; Mark Lambermont <Mark.Lambermont@palmspringsca.gov >; Reynaldo Bermudez <Reynaldo.Bermudez@palmspringsca.gov>; Ken Lyon <Ken.Lyon@palmspringsca.gov> Subject: RE: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dana, I appreciate the reply. Thank you. What I find surprising is that we were told basically the opposite more than once from various people at the city, including David Recio, The City Clerks Office, and Planning Dept. We were told to get a survey done, and IF the structures next-door were encroaching on the setback, they would have to be removed. Period. There were no exceptions mentioned. As recently as September 19, 2023 we were told the buildings would need to be removed. 07/24/2024 Public Comment Item 5 2 I would disagree that there isn’t a threat to our safety here. The 51’ structure next-door isn’t just an innocuous shed that was built too close to our fence. This structure is basically these peoples’ living room. They have guests over on average 3 times a week. It’s essentially an outdoor sports bar. People are smoking in that carport, and they use more than one upright propane heater to make the space comfortable in cold weather. In addition to being a “man cave” the space is cluttered with trash, a classic car, gas and paint cans. It is a poorly built wooden structure, on top of our property line. The risk of a fire next door is extremely high. I have spoken to this neighbor. He has admitted that the structures are illegal, but he didn’t build them. He told me his father built them. If the city tells him to take them down he will or pay the fines. Yet, he told David Recio in October the buildings were original to the 1949 construction. He lied to the City of Palm Springs, because he had no idea I had a photograph showing the structure was not there at some point in the 70s or 80s I’m attaching a couple more photos to illustrate how close these structures are, and literally on top of us. I cannot believe anyone at the City Of Palm Springs could look at these photos and say "...that seems fine, Those buildings were probably sanctioned, and built with a permit" This space, being used weekly as a social hang out spot is a real danger to me, my family and my property. From: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov> Sent: Tuesday, February 13, 2024 2:45 PM To: Marcel Fontaine <marcel.fontaine@rossvideo.com> Cc: Mitch Nabhan <mitchell.nabhan@palmspringsca.gov>; Mark Lambermont <Mark.Lambermont@palmspringsca.gov >; Reynaldo Bermudez <Reynaldo.Bermudez@palmspringsca.gov> Subject: RE: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside Hi Marcel, Unfortunately, the process of ordering a property owner to demolish structures on their property is a lengthy one and may not result in the outcome you are looking for. I would recommend talking with your neighbor and reaching an agreement on how you can complete your wall, it will be a lot faster than the city process. My department does not have the authority to order structures removed unless they pose an imminent threat to life and safety, while the Code Enforcement department can pursue violations of the property maintenance code, which may be the case with the structures on your neighbor’s property. If you have already filed a complaint with the Code Enforcement Department, then I am sure they are doing everything they can to resolve the issue. I have copied Mitch Nabhan on this response as Davide Recio is no longer with the Code Enforcement Department. Regards, 07/24/2024 Public Comment Item 5 3 DANA MacALLISTER CBO, MCP | BUILDING OFFICIAL City of Palm Springs | Department of Building and Safety 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 T : 760.323.8221 | C : 760.422.9585 Dana.MacAllister@PalmSpringsCA.Gov From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Tuesday, February 13, 2024 12:40 PM To: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov> Subject: RE: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dana, Thank you for the quick reply. Problem is… I have been speaking to people in the Code Enforcement dept and they have not been very clear as to what is happening.  In May 20223 - When we contacted the city with our intention to build a block wall, but suspected the structures next-door would be a problem, we were told we needed to get a survey, and the city would do what was required IF the building encroached on the setback  In August 2023 it was determined the structures next-door were in fact encroaching on the property line/setbacks and needed to be removed  In Sept I was told by Code Enforcement a case was started, and a letter was being sent to the neighbor. I was never given a Code Case #  In November 2023, when I asked for an update, I was told by the same person in Code that the buildings no longer needed to be removed because they were told that the 51’ structure was original to the 1949 construction of the house. We informed David Recio at that time that this information was not factual. We have photos taken in the 70s or 80s showing no such structure on the property existed. If the legitimacy of this photo was in question, the Structures in question are constructed with materials that were not invented until 1969. All this information has been shared with both Code and Building and Safety months ago. So… The If the owner next-door claims the buildings are original to 1949 why would the city then tell me that these same structure may have been permitted at some point in the 70s or 80s…But, the record of this may have been lost. All one has to do is look at the structures to see this was never permitted, or sanctioned. The structures are not Spanish or mid-century modern. They look like they were built by a group of twelve year olds building a tree fort. 07/24/2024 Public Comment Item 5 4 These buildings need to be gone, so that we can proceed with our original plan to build a block wall. I appreciate your time, and reply. Thank you From: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov> Sent: Tuesday, February 13, 2024 11:07 AM To: Marcel Fontaine <marcel.fontaine@rossvideo.com>; Mark Lambermont <Mark.Lambermont@palmspringsca.gov>; David Recio <David.Recio@palmspringsca.gov> Cc: Ken Lyon <Ken.Lyon@palmspringsca.gov> Subject: [EXTERNAL] RE: Setback encroachment at 1047/1077 South Riverside Hi Marcel, I have spoken with Rey about your situation, but there is nothing that the Building and Safety department can do at this time. You have been issued a building permit and can legally perform the work under that permit. If you have an issue with structures on a neighboring property, you will need to reach out to Code Enforcement department and start the complaint process. The Building Department regulates new construction only and does not investigate complaints of work without a permit. As with all projects constructed at or near the property line, it is your responsibility to ensure you do not alter your neighbor’s property in any way. If you have concerns about undermining the foundation of neighboring structure, you will need to take the necessary precautions when excavating or move the wall away from the property line to a distance where you can safely excavate. Regards, DANA MacALLISTER CBO, MCP | BUILDING OFFICIAL City of Palm Springs | Department of Building and Safety 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 T : 760.323.8221 | C : 760.422.9585 Dana.MacAllister@PalmSpringsCA.Gov From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Tuesday, February 13, 2024 10:55 AM To: Mark Lambermont <Mark.Lambermont@palmspringsca.gov>; David Recio <David.Recio@palmspringsca.gov> Cc: Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov>; Ken Lyon <Ken.Lyon@palmspringsca.gov> Subject: Setback encroachment at 1047/1077 South Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Mark, 07/24/2024 Public Comment Item 5 5 I called and left you both a voicemail Friday 1/2/2024. This email is being sent to have that calls on record. I called because I have not received a reply from anyone to my emails from over a month ago. I am still waiting to get an update as to when the structures next door, at 1077 S Riverside, will be dealt with and removed. We are disappointed that the various departments we’ve contacted at City of Palm Springs would be so derelict in not dealing with this situation we brought to their attention. Especially after doing everything that we were directed to do by the City of Palm Springs. After all the time and money we’ve spent… It is very frustrating to see nothing be addressed. Is something happening ? Is this situation going to improve and allow us to build our wall? We’ve provided you with documentation that the structures in question are not original to 1949 and are clearly infringing on the setback. After all this time how can the city acknowledge that this is a problem and a liability, and chose to do nothing? This has been going on since May 2023. The mishandling of this issue and the lack of communication on your behalf has us concerned that this will never be properly dealt with. If we do not see any progress or hear back from someone in Building and Safety or Code Enforcement in the next 30 days, we will have no choice but to proceed with retaining the services of an attorney. Marcel and Tracey Fontaine (760) 898-2274 1047 S Riverside Drive Palm Springs CA 92264 USA ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. 07/24/2024 Public Comment Item 5 6 If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 1 Marcel Fontaine From:David Recio <David.Recio@palmspringsca.gov> Sent:Tuesday, September 19, 2023 3:44 PM To:Marcel Fontaine; Ken Lyon Cc:Johnathan Ingram Subject:RE: [EXTERNAL] 1077 S Riverside; structures in the side yard setback Mr. Fontaine, I met with our Building Supervisor at the site and he determined that the side yard setback is being encroached on, therefore, they will need to clear the side yard in order to be in compliance with the zoning code. We will work this week to send a letter to the owner. Respectfully, David Recio | Code Compliance Supervisor Department of Special Program Compliance a: 425 N Civic Dr, Palm Springs, CA 92262 e: david.recio@palmspringsca.gov w: www.palmspringsca.gov p: (760) 323-8116 x8728 From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Wednesday, September 13, 2023 11:05 AM To: Ken Lyon <Ken.Lyon@palmspringsca.gov>; David Recio <David.Recio@palmspringsca.gov> Subject: Re: [EXTERNAL] 1077 S Riverside; structures in the side yard setback NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. This is a more current photo, with the yellow line denoting the surveyed property line. Get Outlook for iOS From: Ken Lyon <Ken.Lyon@palmspringsca.gov> Sent: Wednesday, September 13, 2023 10:54:55 AM To: David Recio <David.Recio@palmspringsca.gov> Cc: Marcel Fontaine <mfontaine@rossvideo.com> Subject: [EXTERNAL] 1077 S Riverside; structures in the side yard setback David, 07/24/2024 Public Comment Item 5 2 Mr. Marcel Fontaine of 1047 S Riverside (760-898-2274) contacted me today. He is attempting to build a side yard masonry wall, however the neighboring property at 1077 apparently has what appear to be unpermitted structures in the side yard. Mr. Fontaine mentioned that you or someone from CE may have been on the site to observe the conditions. The contractor Mr. Fontaine hired to build the wall (for which he has a building permit) will not start for fear that trenching for the wall footings may cause collapse of the structures on the neighboring property. Would you please have a CE person review this situation and if necessary, issue a Courtesy notice to 1077 S Riverside and open a CE case to help resolve the safety concern there? Below is an aerial photo showing the two properties in which you can see the structures abutting the common side yard PL. Thank you and let me know if you need anything further from me. Ken Lyon, RA Principal City Planner Department of Planning Services City of Palm Springs, California 07/24/2024 Public Comment Item 5 3 3200 Tahquitz Canyon Way Palm Springs, California 92263 T 760 322 8364 x 8786 or 760 323 8245 F 760 322 8360 “Make no little plans, They have no magic to stir men’s blood And probably won’t be realized. Make big plans Aim high in work and in hope, Let your watchword be order, And your beacon beauty”  Daniel Burnham, Architect and Planner The City of Palm Springs is now accepting planning, permit and business license applications online! Click here to watch an introductory video. ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 1 Marcel Fontaine Subject:FW: [EXTERNAL] Re: 1047 S Riverside From: David Recio <David.Recio@palmspringsca.gov> Sent: Monday, November 27, 2023 10:33 AM To: Marcel Fontaine <marcel.fontaine@rossvideo.com> Cc: Mark Lambermont <Mark.Lambermont@palmspringsca.gov>; Marco Vela <Marco.Vela@palmspringsca.gov> Subject: RE: [EXTERNAL] Re: 1047 S Riverside Hi Marcel, Myself and building inspector Marco Vela inspected the property next door. The garage structure has been there since the property was built, therefore, we would not require them to remove or move it. Back in the 1940’s, there were no zoning codes established for setback requirements. From what we saw, we did not see any safety concerns. We did inform them about the patio structure towards the back and the wall extending past 6 feet. We are working with them on this but the garage structure is fine where it is at. We regard to building the remaining of the wall, I cannot comment on that but if that is a concern, you can speak with Mark or Marco who can assist you with that. Thank you Respectfully, David Recio | Code Compliance Supervisor Department of Special Program Compliance a: 425 N Civic Dr, Palm Springs, CA 92262 e: david.recio@palmspringsca.gov w: www.palmspringsca.gov p: (760) 323-8116 x8728 From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Monday, November 27, 2023 10:18 AM To: David Recio <David.Recio@palmspringsca.gov> Cc: Mark Lambermont <Mark.Lambermont@palmspringsca.gov> Subject: Re: [EXTERNAL] Re: 1047 S Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello David, 07/24/2024 Public Comment Item 5 2 I’m not sure if you were back in the office, but we are looking for an update for CCI, my wall builder on the situation next-door door. We were able to complete the first 18 feet of wall (Photos attached) However, we will not be able to continue the rest of the block wall until the neighboring structure situation is resolved. In building the 18 foot section, pieces of the rotten fence actually fell into the trench at times. I’m not sure why the owner of the fence did not remove it when he had three months to deal with it. We cleared all the vegetation in early August. He covered it with shade cloth… And we began building the wall at the end of October. We will not be able to build the remaining wall because the structure actually jogs out several inches behind the palm tree in the photo. I’ve told CCI that we probably won’t revisit this until the new year. But any update you can share is greatly appreciated so we can plan accordingly I am in the Home office this week, and can be reached at 760-898-2274 at any time Thank you again MF Get Outlook for iOS From: David Recio <David.Recio@palmspringsca.gov> Sent: Sunday, October 29, 2023 8:10:30 AM To: Marcel Fontaine <marcel.fontaine@rossvideo.com> Cc: Mark Lambermont <Mark.Lambermont@palmspringsca.gov> Subject: RE: [EXTERNAL] Re: 1047 S Riverside No problem Marcel. Respectfully, David Recio | Code Compliance Supervisor Department of Special Program Compliance a: 425 N Civic Dr, Palm Springs, CA 92262 e: david.recio@palmspringsca.gov w: www.palmspringsca.gov p: (760) 323-8116 x8728 07/24/2024 Public Comment Item 5 3 From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Wednesday, October 11, 2023 12:43 PM To: David Recio <David.Recio@palmspringsca.gov> Cc: Mark Lambermont <Mark.Lambermont@palmspringsca.gov> Subject: RE: [EXTERNAL] Re: 1047 S Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks David, I think I have the answers I needed from Mark and his team. I just wanted clarification on if I could at least start on the wall with the same permit. Thank you. MF Marcel Fontaine Regional Sales Manager – Northwest USA Ross Video | Let's make it real M: +1 (760)898-2274 www.rossvideo.com @ross_video From: David Recio <David.Recio@palmspringsca.gov> Sent: Wednesday, October 11, 2023 12:06 PM To: Marcel Fontaine <marcel.fontaine@rossvideo.com> Cc: Mark Lambermont <Mark.Lambermont@palmspringsca.gov> Subject: [EXTERNAL] Re: 1047 S Riverside Hi Marcel, Thank you for your email. I do have a case open for the neighbor regarding the setback issue. I have included Mark Lambermont on this email as he would be the person you would need to contact if you are having issues getting ahold of someone at the building department. I am currently out of the office and do not have a time frame set to come back into work but I do check my emails from time to time while I am away. David Recio Code Compliance Supervisor City of Palm Springs On Oct 10, 2023, at 10:28 AM, Marcel Fontaine <marcel.fontaine@rossvideo.com> wrote: 07/24/2024 Public Comment Item 5 4 NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello David, Not sure who to follow up on this with… I’ve left phone messages and emails with Building and Safety, but its been a game of phone tag. Essentially , I would like to proceed with a first portion of my wall, and existing permit. My wall contractor is willing to start on the 18’ section in the front yard (off the driveway) as he feels that it would not disrupt much of the neighbor’s property, other than a rotten fence hidden behind shade cloth I realize this issue with the neighboring structures will take time to resolve itself. And I’m not in a hurry for the remaining wall, as it is currently hidden by ficus we’ve purchased and left in containers. I guess I just need to know “who” to talk to, and a sense of the timeline and process would help me plan. If I can get the first 18’ foot section done, I can at least complete the landscaping in the area that is most visible to my neighbors from the street level… I’ve attached some photos for your reference. Thank you Marcel Fontaine Regional Sales Manager – Northwest USA Ross Video | Let's make it real M: +1 (760)898-2274 www.rossvideo.com @ross_video ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 5 07/24/2024 Public Comment Item 5 6 07/24/2024 Public Comment Item 5 7 07/24/2024 Public Comment Item 5 8 ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. 07/24/2024 Public Comment Item 5 9 If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5 1 Marcel Fontaine From:Jackie Linares <Jackie.Linares@palmspringsca.gov> Sent:Wednesday, September 13, 2023 10:29 AM To:Mark Lambermont; Marco Vela Cc:David Recio; Marcel Fontaine Subject:[EXTERNAL] Can they build a wall here next to these buildings so close to the property line. Code enforcement case created by John in Code. Attachments:PICTURE - BLDS TO CLOSE TO PROPERTY.pdf Customer has applied for a block wall – BLDR-2023-1758 I will not issue the permit until I hear if we need special engineering for this wall. Sincerely, Jackie Linares Building & Safety Permit Technician (Proud 8 years of service) ICC Certified 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 760.323.8242X8767 www.palmspringsca.gov Click here to watch an introductory video. Please note that our submittal process has changed. ALL submittals and resubmittals must be submitted online through our Citizen’s Self Service portal (CSS) https://palmspringsca-energovweb.tylerhost.net/apps/SelfService#/home 07/24/2024 Public Comment Item 5 1 Marcel Fontaine Subject:FW: [EXTERNAL] RE: 1047 S Riverside and 1077 Riverside Setback issues and structures built in the setback From: Ken Lyon <Ken.Lyon@palmspringsca.gov> Sent: Tuesday, January 2, 2024 2:44:41 PM To: Marcel Fontaine <marcel.fontaine@rossvideo.com>; Mark Lambermont <Mark.Lambermont@palmspringsca.gov> Cc: David Recio <David.Recio@palmspringsca.gov>; Jackie Linares <Jackie.Linares@palmspringsca.gov>; Mitchell Nabhan <mitchell.nabhan@palmspringsca.gov>; Marco Vela <Marco.Vela@palmspringsca.gov>; Dana MacAllister Jr. <Dana.MacAllister@palmspringsca.gov> Subject: [EXTERNAL] RE: 1047 S Riverside and 1077 Riverside Setback issues and structures built in the setback To all, I spoke with Mr Fontaine several months ago beginning in September and corresponding through early November regarding his attempt to build a block wall between his and his neighbor’s property that was being obstructed by a neighbor’s carport which appears to have been built in the side yard setback, almost up to the property line. Below is an aerial photo of Mr. Fontaines property (at the left) and the neighboring property 1077 at the right. One can see in this photo the neighbor has built a structure right up to the property line between the two properties. The flat roof of the structure in the side yard setback does not match the gable roof of the rest of the home at 1077 Riverside. GISNexus shows the date of construction for 1077 Riverside as 1949. Mr Fontaines home at 1047 Riverside shows as having built in 1951. (I have not pulled the permit history on subsequent additions to either property, but I would assume if there are no permits on record for the carport, that it would be deemed illegal construction, subject to removal. ) As noted, the carport structure appears to be a flat roofed structure and the remainder of the house at 1077 has a gable roof, giving the impression that the carport was not part of the original construction. You don't often get email from ken.lyon@palmspringsca.gov. Learn why this is important 07/24/2024 Public Comment Item 5 2 Below is an excerpt from the Palm Springs Zoning Code from 1953 (Ordinance 262, Article 931), approved June 3, 1953 in which it denotes side yard setbacks in R-1 zones as being 10% of the lot width. The lots on this section of Riverside drive appear to be 105’, thus the side yard setback would have been 10.5’. There was, I recall, some sort of reduced front yard setbacks for the homes on north and south Riverside Drives around 1947, but I was under the understanding 07/24/2024 Public Comment Item 5 3 these reduced setbacks were later rescinded by the City Council. Although I do not believe that set of revised setbacks would have any impact on this situation. I do not have access to the earlier zoning code other than the original 1938 zoning code which did not address yard setbacks. In early November, 2023, Mr Fontaine exchanged e mails with me and Mark Lambermont, CC David Recio in Code Enforcement and Jackie Linares in Building in which Mark noted that he could proceed with building a portion of his new block wall while Code Enforcement was dealing with the removal of the neighbors structures in the setback. His bldg. permit number was BLDR-2023-1758. On 9-19-23 an e mail from David Recio to Mr Fontaine cc me noted: “Mr. Fontaine, I met with our Building Supervisor at the site and he determined that the side yard setback is being encroached on, therefore, they will need to clear the side yard in order to be in compliance with the zoning code. We will work this week to send a letter to the owner. Respectfully, David Recio | Code Compliance Supervisor” Department of Special Program Compliance a: 425 N Civic Dr, Palm Springs, CA 92262 e: david.recio@palmspringsca.gov w: www.palmspringsca.gov p: (760) 323-8116 x8728 I’m not sure what else Planning can do to assist in this matter. It seems fairly evident that the carport on 1077 Riverside was built into the side yard setback and does not appear to have been an integrated part of the original dwelling as built in 1949; These setbacks were established very early in the City’s history. It is highly unlikely that the City would have knowingly permitted the carport structure to be built right up to the property line. Let me know if you need anything else from me to help resolve this matter. Ken Lyon, RA Principal City Planner Department of Planning Services 07/24/2024 Public Comment Item 5 4 City of Palm Springs, California 3200 Tahquitz Canyon Way Palm Springs, California 92263 T 760 322 8364 x 8786 or 760 323 8245 F 760 322 8360 “Make no little plans, They have no magic to stir men’s blood And probably won’t be realized. Make big plans Aim high in work and in hope, Let your watchword be order, And your beacon beauty”  Daniel Burnham, Architect and Planner NEW Public Counter Hours Effective 10/2/2023 : 7:30 am to 5:30 pm Monday-Thursday Closed on Fridays The City of Palm Springs is now accepting planning, permit and business license applications online! Click here to watch an introductory video. From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Tuesday, January 2, 2024 11:57 AM To: Mark Lambermont <Mark.Lambermont@palmspringsca.gov> Cc: David Recio <David.Recio@palmspringsca.gov>; Jackie Linares <Jackie.Linares@palmspringsca.gov>; Ken Lyon <Ken.Lyon@palmspringsca.gov>; Mitchell Nabhan <mitchell.nabhan@palmspringsca.gov>; Marco Vela <Marco.Vela@palmspringsca.gov> Subject: 1047 S Riverside and 1077 Riverside Setback NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Mark, I spoke top David Recio before Christmas and he suggested I direct my questions to the Building and Safety Dept (you) Is it possible to get on a video conference call with you (Building and Safety) as well as Code Compliance? I have spoken to each department separately now, and it is unclear as to who has the answers. Perhaps getting everybody on a call at the same time will streamline things? Attached are photos of the situation I bought to the attention of the City last year. I’d like an idea of when the buildings that need to be removed will in fact be dealt with. . - I live at 1047 S Riverside, and in May I alerted the City that the structures at 1077 S Riverside were preventing me from building a block wall - Also in May, I was told I needed to get a survey done before the city could do anything. - August 4th I cleared away all the vegetation and had a survey done, at a cost of $2400. Confirming the 45’ structure is 9 inches to 5 inches from the property line. Making it impossible to build a block wall. 07/24/2024 Public Comment Item 5 5 - Sept 19th I was told that the structures next-door do in fact encroach on the side yard setback, and will need to be removed - However, on Nov 27th I was told that the carport was original to the 1949 build, and therefore would not be required to be removed. - In December - I provided the photos and information attached. - The structure is not visible in a photo from the 1970s - And the roof of the carport is constructed with materials that were not invented until 1969 (I-Joists) The City of Palm Springs has been made aware of this situation for quite some time now. This is a huge liability that needs to be resolved – I look forward to seeing some progress, and hearing back from you. Marcel Fontaine Regional Sales Manager – Northwest USA Ross Video | Let's make it real M: +1 (760)898-2274 www.rossvideo.com @ross_video ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 1 Marcel Fontaine From:Mitch Nabhan <mitchell.nabhan@palmspringsca.gov> Sent:Tuesday, March 5, 2024 2:38 PM To:Marcel Fontaine Subject:Re: [EXTERNAL] Re: 1047/1077 S. Riverside Hi Marcel, Thank you for the update. I've been in communication with the property owner over the past few weeks, and everything suggests that they are willing to comply with the corrective instructions provided. I fully appreciate the time and effort required to coordinate the removal of the structure. Should there be any reluctance from the property owner to comply voluntarily, I am prepared to proceed through the next steps in the administrative enforcement process. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Logo Mitch Nabhan | Code Compliance Supervisor Department of Special Program Compliance a: 425 N Civic Dr, Palm Springs, CA 92262 e: mitchell.nabhan@palmspringsca.gov w: www.palmspringsca.gov p: 760-323-8244 x8745 From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Tuesday, March 5, 2024 2:08 PM To: Mitch Nabhan <mitchell.nabhan@palmspringsca.gov> Subject: RE: [EXTERNAL] Re: 1047/1077 S. Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Mitch, Unfortunately, I may have been prematurely optimistic with my last email. There was in fact a lot of activity next door the first Saturday after your visit with the owners of 1077 S Riverside. Unfortunately, no progress has taken place since that day. I’ve spoken to the neighbor three times in the last month, and he just doesn’t seem to “get it” that these building need to be removed. He was given a courtesy notice from David Recio back in October about the metal gazebo, and its still there. It’s now March. 07/24/2024 Public Comment Item 5 2 He seems to be under the impression that a “Courtesy Notice” is not a demand to remove the buildings. He believes that the buildings can remain in place, just as long as he appears to be making an effort to remove them. So far, he’s taken down the rotten fence, and removed the garage door. But the garage door is stored on the roof of the structure, leading us to believe he’s planning to re-install it at some point. Nothing else has changed. The weekly gatherings continue. The structure remains a off book sports bar… Maybe he requires a reminder that these buildings have to go? Thank you again for your time MF Marcel Fontaine Regional Sales Manager – Northwest USA Ross Video | Let's make it real M: +1 (760)898-2274 www.rossvideo.com @ross_video From: Mitch Nabhan <mitchell.nabhan@palmspringsca.gov> Sent: Friday, February 16, 2024 11:04 AM To: Marcel Fontaine <marcel.fontaine@rossvideo.com> Subject: [EXTERNAL] Re: 1047/1077 S. Riverside Good Afternoon Marcel, Earlier this week, I had the opportunity to meet with the property owner on-site. During our discussion, I hand-delivered the notice outlining the necessary corrections regarding the carport/structure and any other accessory structures that do not meet the minimum setback requirements. Additionally, we identified an outdoor awning structure encroaching into the setback area, which will need to be either removed or relocated. We engaged in a constructive dialogue about the city's findings regarding the property's permit history. While understandably disappointed, the property owner acknowledged he would comply with the city's instructions and briefly discussed a couple of options for addressing the issue. The notice specifies a correction deadline of March 1, 2024. However, given the scope of work required to address the carport, I expressed willingness to consider an extension within reason, provided a detailed plan for correction is communicated, and sincere efforts are made toward resolution. The property owner expressed tentative plans to commence the work, leaving me optimistic that a resolution will be achieved in the coming weeks. You don't often get email from mitchell.nabhan@palmspringsca.gov. Learn why this is important 07/24/2024 Public Comment Item 5 3 Please feel free to reach out if you have any further questions or concerns. I'll do my best to try to keep you informed with any relevant updates. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Logo Mitch Nabhan | Code Compliance Supervisor Department of Special Program Compliance a: 425 N Civic Dr, Palm Springs, CA 92262 e: mitchell.nabhan@palmspringsca.gov w: www.palmspringsca.gov p: 760-323-8244 x8745 From: Marcel Fontaine <marcel.fontaine@rossvideo.com> Sent: Friday, February 16, 2024 8:47 AM To: Mitch Nabhan <mitchell.nabhan@palmspringsca.gov> Subject: 1047/1077 S. Riverside NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Mitch, happy Friday. I saw that a city vehicle was parked outside our house the other day, as I was leaving. Happy to see that there is some movement. Thank you. I’m attaching a photo that was taken in August 2023. It shows what we have done since speaking to the city back in May 2023.  We paid $2000 for a survey  We paid $366 dollars for a permit for the block wall  We paid a landscaper $1500 to remove the old trees  We paid $1300 to have a window deleted from that side of the house so we didn’t have to look at the garbage in the photo  We also paid another $1700 for the ficus in containers, so that we and our neighbors didn’t have to stare at the neighbors trash. Almost $6000 and we have no idea when this situation will be resolved. I’m hoping to hear an update with good news before April. Because these trees will need to be put into the ground or removed and sold – We are not planting them without first building our block wall. Marcel Fontaine Regional Sales Manager – Northwest USA Ross Video | Let's make it real M: +1 (760)898-2274 07/24/2024 Public Comment Item 5 4 www.rossvideo.com @ross_video ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. ---------------------------------------------- This e-mail and any attachments may contain information that is confidential to Ross Video. If you are not the intended recipient, please notify me immediately by replying to this message. Please also delete all copies. Thank you. 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5 07/24/2024 Public Comment Item 5