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HomeMy WebLinkAboutCUP 09-180 Lisa TheodoratusCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Approval of Conditional Use Permit to allow the rental of a single family residence in an R-1 Zone for periods of less than 30 days located at 77040 Utah Circle. SUBMITTED BY: Renee Schrader, Associate Planner APPLICANT: Lisa Theodoratus 74 Crestwood Drive San Rafael, CA 94901 CASE NO.: CUP 09-180 DATE: May 5, 2009 I. EXECUTIVE SUMMARY: Approval of Conditional Use Permit would allow the applicant to rent a single family residence, located in the Palm Desert Country Club, at 77040 Utah Circle, for periods of less than 30 days. II. BACKGROUND: A. Property Description: The property is located on a cul-de-sac adjacent to the Palm Desert Country Club golf course. The 2-bedroom, 1.75 bath residence is approximately 1,300 square feet in area, and sits on a lot of approximately 8,500 square feet. The home has a small pool and spa in the rear. A one -car carport with an off- street parking pad is located in the front. The rear yard is screened with lush landscaping. The property is well maintained. The home was built in 1962. B. Zoning and General Plan Designation: Zone: R-1 9000 Single Family Residential General Plan: R-L 0-4 du/ac Low Density Residential C. Adjacent Zoning and Land Use: North: OS Open Space Golf Course South: R-1 9000 Single -Family Residential Homes East: OS Open Space Golf Course West: R-1 9000 Single -Family Residential Homes Staff Report Case No. CUP 09-180 May 5, 2009 Page 2 of 5 III. PROJECT DESCRIPTION: The two bedroom house is a second home for the applicant. The location is an ideal setting for persons who wish to rent vacation accommodations in a resort setting. The short term rental aspect of the property was brought to the city's attention in July of 2008, through a Code Compliance complaint. For the past two years the applicant has both lived in and rented out the subject property. The house accommodates four persons. The typical renter for this location is one couple, often retired, and most often from the Pacific Northwest or Canada. The current economy has principally attracted renters seeking rental periods usually of one week. The applicant has found it difficult to secure renters for longer periods. In the past, rentals at the subject property vary between an entire month and the typical short-term of one week. The Conditional Use Permit request does not apply to rentals over 30-days. The applicant has submitted a Letter of Intent (copy enclosed). In order to ensure that neighbors are not affected by renters, the applicant provides a rental contract which in part contains the following clauses: e) No parties or functions allowed within the rental property. k) Complaints of noise or disturbances by neighbors or police are grounds for eviction. The applicant allows no more than 4 people and 2 cars on the property at any one rental period. According to the site plan (copy enclosed), the house is oriented in such a way to be set back from neighboring properties behind the carport, which minimizes the visibility of activities from the home, whether short or long term. IV. ANALYSIS: On September 14, 2000, the City Council passed Ordinance No. 966, approving a Zoning Ordinance amendment requiring a Conditional Use Permit for short-term rental of a single-family home in the R-1 zone. Short-term rentals are defined as 30 days or less. A. Purpose of Conditional Use Permit The goal of this conditional use process is to ensure that short-term rentals in a single-family zone function, operate, and impact the neighborhood no differently than would typical residents while living in a long-term rental or home- ownership state. Therefore, in order for the Conditional Use Permit (CUP) to be approved, the property use must meet findings that would agree with the functional expectations of home -ownership. Approval of the CUP would also Staff Report Case No. CUP 09-180 May 5, 2009 Page 3 of 5 comply with the Planning Commission's conditions establishing short-term rentals as incapable of generating potential nuisances for adjacent properties. B. Findings for approval of Conditional Use Permit Municipal Code Section 25.72.070 requires that the Planning Commission make the following findings before granting a conditional use permit: a. That the proposed location of the conditional use permit is in accord with the objectives of this title and the purpose of the district in which the site is located; The property is zoned R-1. The manner in which the proposed use would operate would be compatible with the surrounding residential neighborhood as the expected tenancy and traffic generation is no more than that of a long term rental. Therefore, the use as a short-term rental is in accord with the objectives of this title and the purpose of the residential site. b. That the proposed location of the conditional use permit and conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; The use will be conditioned to assure that it will not be detrimental to the public health, safety or welfare to the properties in the vicinity. C. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments; The proposed use complies with all the provisions of the R-1 zone. There are no variances, adjustments or exceptions in the conditional use permit request. d. That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. The proposed use is residential in nature and complies with the goals, objectives and policies of the City's General Plan. The short-term rentals at this property have been operated in a manner that is compatible with the R-1 zone. According to the Palm Desert Sheriff Department, from April 2007 to April 2009, there were no noise or loud party calls at the address in question. The applicant has also submitted a letter from the neighbor at 77020 Staff Report Case No. CUP 09-180 May 5, 2009 Page 4 of 5 Utah Circle (two -doors away), stating that there have been no incidents regarding noise or parties, (copy enclosed). V. ENVIRONMENTAL REVIEW: The application is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary. VI. PUBLIC NOTICE: The public hearing notice was published in the Desert Sun newspaper and mailed to neighbors within a 300-foot radius on April 22, 2009. A letter was received in opposition of the Conditional Use Permit, which is enclosed. VII. CONCLUSION: Short-term rentals in the R-1 Zone require a Conditional Use Permit. The property is hidden at the end of a cul-de-sac and abuts a golf course with landscape to screen the rear yard. This unique setting provides privacy to the adjacent residents and the homeowner. Staff reviewed the matter with Code Compliance staff who indicated there have been no complaints about this applicant's operation, since July 9, 2008. Staff has also reviewed the Police reports for the property during the last two years. There are no police records of complaints received or police responses to this address. VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving CUP 09-180 subject to conditions attached. Staff Report Case No. CUP 09-180 May 5, 2009 Page 5 of 5 VIII. ATTACHMENTS: A. Draft Resolution B. Vicinity Map C. Letter from Applicant D. Letter from neighbor at 77020 Utah Circle E. Letter from neighbor at 43365 Tennessee Avenue F. Site Plan Submitted by: Renee Schr&ler Associate Planner Approval: Homer Croy ACM for Development Services Department Head: Lauri Aylaian Director of Community Development PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING OF A CONDITIONAL USE PERMIT ALLOWING SHORT-TERM RENTAL OF A SINGLE FAMILY DWELLING LOCATED AT 77040 UTAH CIRCLE. CASE NO. CUP 09-180: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5T" day of May, 2009, hold a duly noticed public hearing to consider the request by Lisa Theodoratus for the approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act', Resolution No. 02-60, in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption for purposes of CEQA and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the conditional use permit: 1. The property is zoned R-1 and in the manner in which the proposed use is being operated will compatible with the surrounding residential neighborhood. The use is in accord with the objectives of this title and the purpose of the residential site. 2. The use will be conditioned to assure that it will not be detrimental to the public health, safety or welfare to the properties in the vicinity. 3. The proposed use complies with all the provisions of the R-1 zone. 4. The proposed use in residential in nature and complies with the goals, objectives and policies of the City's General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Conditional Use Permit 09-180 is hereby granted, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. PASSED,APPROVED Desert Planning Commission, vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission AND ADOPTED at a regular meeting of the Palm held on this 5t" day of May, 2009, by the following VAN G. TANNER, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 09-180 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file to the Department of Community Development, as modified by the following conditions. 2. The use of the property as described in the permit shall commence within one year from the date of final approval unless an extension of time is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The operation of the use described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. That the owner shall impose on tenants of the property appropriate conditions that any home owner is subject to assuring peace and privacy of the neighborhood. The applicant shall post in the premises rules of the house as follows: A. Music and noise shall be kept to a minimum before 9:00 a.m. and after 10:00 p.m. B. Tenants of the premises shall not have overnight guests who are not listed on the rental agreement. C. No parties or functions allowed within the rental property. D. Complaints of noise or disturbances by neighbors or police are grounds for eviction. 5. The rental agreement with each tenant shall limit occupancy to a maximum of 4 persons having a maximum of 2 automobiles. 6. That the rental agents' phone number shall be on file at all times so that staff may distribute it to interested neighbors. 7. Failure to operate in this use in a manner that is compatible to the R-1 zone shall result in a rehearing of the matter before the Planning Commission and possible revocation or modification of this permit. K, IIIY 0f PO M DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6n FAX: 760 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 09-190 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Lisa Theodoratus to approve a Conditional Use Permit for the leasing of a single-family dwelling for periods of less than thirty days, (Short-term Rental), located at 77-040 Utah Circle. utah circle 300' buffer SAID public hearing will be held on May 5, 2009, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary April 22, 2009 Palm Desert Planning Commission OWN in Lisa Theodoratus 74 Crestwood Drive San Rafael, CA 94901 415 457-7880 office / 415 720-5043 cell April 16, 2009 Renee Schrader City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: 77040 Utah Circle, CUP application I am requesting a conditional use permit for my home located at 77040 Utah Circle, Palm Desert. The CUP is for short term rentals in a R1 zone. The 1,300 square foot house is located in Palm Desert Country Club on an 8,500 square foot lot adjacent to the golf course. There are already quite a few homes in this neighborhood operating as short term vacation rentals. The house has two bedrooms and two bathrooms and is accommodated to sleep four persons. We have a one car carport as well as an additional off street parking pad. The typical renter for this location is one couple, often retired, and most often from the Pacific Northwest or Canada. In the current economic downturn renters are looking for shorter rental periods usually of one week making it very difficult to find renters willing to pay for monthly rentals. In order to ensure that neighbors are not affected by renters my rental contract in part contains the following wording — e) No parties or functions allowed within the rental property k) Complaints of noise or disturbances by neighbors or police are grounds for eviction I would also like to point out that at the time the original complaint of "house being rented as vacation rental, loud parties and such" was made to code compliance on July 9, 2008 by a "reporting party", I had been the only person at the house for over two months with the exception of workers who installed insulation in my attic on July 8tn. I am also enclosing a letter written by my neighbor Suzanne Tracy who lives at 77-020 Utah Circle which is two doors away. Suzanne has told me she has never heard noise coming from my house or witnessed a party there of any kind. Sincerely, Lisa Theodoratus llft,> January 18, 2009 To Whom It May Concern: Dear Sirs, I have been a resident of Utah Circle in Palm Desert, California, since 1970. My neighbor, Lisa Theodoratus, asked me to write this letter in reference to the seasonal renters who have stayed at her home on Utah Circle. I have been very pleased with the renters who have stayed here on Utah Circle. I wish all the homes with occasional occupants or renters would check the renters as thoroughly as Lisa does, There has not been one incident of wild parties or loud noisy people in her house. As a matter of fact, many months ago, I asked one of the neighbors who lives very close to Lisa's house if they were disturbed by the seasonal renters and they complimented Lisa on her thorough selection of renters and they further stated they had never been disturbed by any renter in this house. I am not opposed to Lisa continuing to rent in this way since she is so conscientious of the other neighbors and their needs. Very Sincerely, i Suzanne Tracy 77-020 Utah Circle Palm Desert, California 92211 Apri126, 2009 Palm Desert Planning Commission Legal Notice Case No. CUP09-19 In response to changing the legal rental time from one month to Less than thirty days, we find less than acceptable. I did not buy My have home with the thought I would be raising a family in Avacation iciiial community. There is no positive effect on this neighborhood with this change. 6reverl Shafer 43365 Tennefssee Palm Desert, CA 92211 RECEIVED OR ; 9 A9 :OMMUNITY DEMOPWT apAgT]w m CITY OF PALM DOW OR rm City of Palm Desert ArcIMS Map Output Page 1 of 1 http://cpdgislservleticom.esri.esrimap. Esrimap?ServiceName=City0verview&ClientVersi... 4/29/2009