HomeMy WebLinkAboutRES 2024-023RESOLUTION NO. 2024-023
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 short-
term 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
DocuSign Envelope ID: F423826E-04CC-4E7E-A14F-5B508687892E
Resolution No. 2024-023 Page 2
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 MAY 9, 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. 2024-023 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 May 9, 2024, by the
following vote:
AYES: HARNIK, KELLY, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NESTANDE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on _______________.
_____________________
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: F423826E-04CC-4E7E-A14F-5B508687892E
5/13/2024