HomeMy WebLinkAboutA. CUP 09-180 - Lisa Theodoratus PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
FOR SHORT TERM RENTAL FOR PERIODS OF LESS THAN 30 DAYS
IN A SINGLE-FAMILY ZONE LOCATED AT 77040 UTAH CIRCLE.
CASE NO. CUP 09-180
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 5111 day of May, 2009, hold a duly noticed public hearing, which was closed and
continued to May 19, 2009, to consider the request by Lisa Theodoratus for approval of
the above noted; 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 exists to justify denial of said
request:
1. The Conditional Use Permit does not meet the discretionary approval of
the Planning Commission in that short term rentals in a single-family zone
are not in accord with the objectives of this title and the purpose of the
district in which the site is located.
2. The public record included a letter from a neighbor objecting to the use.
The Commissioners thought that short—term rentals conflict with the
interests of fulltime residents. This finding is reflected in the following Palm
Desert Municipal Code Sections:
25.02.020. B.3., to "Minimize conflicts between land uses created
by drastic variations in intensities of use, densities and access
requirements"; and
25.02.020. B.5, to "Maintain the character of Palm Desert and
create the best possible living environment for residents".
3. The Conditional Use Permit for the short-term rental of a single family
property would be detrimental and materially injurious to the vicinity in
which it is located. The Planning Commission found that the said
operation would not maintain the character of the neighborhood. The
City's long-term visions for the residential districts are expressed in Goal
3, Policy 5 of the Land Use Element of the General Plan, which states that
the approval of projects should optimize the ability of proposed
development to complement adjoining planned and existing land uses.
PLANNING COMMISSION RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
2. That Case No. CUP 09-180 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 19th day of May, 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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