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Home My WebLink About04-06 Draft Minutes �� MINUTES PALM DESERT PLANNING COMMISSION . TUESDAY - APRIL 6, 2010 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER ��3` ,�° � Chairperson Limont called the meeting� o er at 6: � . p-�. II. ROLL CALL �� ;;� Members Present: Connor Li Chair � Mari Schm idf;�., C `�� S nia Campbel . eLuna �. , Members Absent: Non ' k� �� ., ,� � �y �� Staff Pr ��: ��. auri A , Director o Community Development %��`� "�".: ave E City Attorney ��.�. ti�"� �;��ill Tremb � Assistant City Attorney �� Bagat rincipal Planner �W �, �` ssistant Planner � � � Missy��; Assistant Planner �� . Page Garner, Senior Engineer/City Surveyor ,� �° � � � Christina Canales, �� Assistant Engineer � � � �'`�� ,�nya Monroe, Administrative Secretary \ III. \�� LEDGE O ,; LEGIANCE , iss' °�Schmidt led in the pledge of allegiance. � � IV. SUM � OF COUNCIL ACTION Ms. Aylaian summarized pertinent March 25, 2010, City Council actions. V. ORAL COMMUNICATIONS MR. JIM PEARCE, 75-715 Altamira, Indian Wells, California, asked if the Planning Commission would be considering the 30-day limitation on vacation rentals. Chairperson Limont said yes. Mr. Pearce said he would reserve his comments until then. He asked if it was on the agenda. Chairperson Limont said yes. MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 VI. APPROVAL OF MINUTES Request for consideration of the March 16 and March 24, 2010 meeting minutes. Regarding the March 24, 2010 meeting minutes, Chairperson Limont stated that had she known they as a City were going to dq y, offs and possibly build a pool that might be run by CVRPD, she would n��, ve voted in favor of this pool. She thought it damaged their reputation �1 " hought the City's Parks & Recreation Department was absolutely st^ `� said she just wanted to make that known. Commissioner Campbef�`�`;� oleh� dly agreed. �,� Chairperson Limont asked for appr ;�� f the March 16� March 24, 2010, minutes. � � � r 6" � � � �, y Action: � It was moved by Commissioner''` , seconded by Commissioner DeLuna, approving th�� ,s rch 16 and° : 24, 2010 meeting minutes. The motion carried 5-0. � �� . s:. VII. CONSENT CALENDAR`�' � �� ' �i��p A. C MW 1 � 4��z " R � I�RS. BUTCH HOLMES and OR LF CL1J,tl Applicants :�% d <�: quest f roval o� arcel Map Waiver to allow a lot d' " " ate Place within Mountains at j/��j Bi�. ountry.. ��j � ��'�ion: /�/�////�� It was rr�, d b � missioner Campbell, seconded by Commissioner �� Tanner, ap �ing t Consent Calendar by minute motion. Motion carried ��.�-o. � �� VIII. IC � INGS ,,��j ,. Anyo , ho challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 10-60 — LOMA LINDA UNIVERSITY, Applicant Request for approval of a Conditional Use Permit to operate a new dental hygiene training facility for Loma Linda 2 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6 2010 University in a Service Industrial District. The property is located within the Pointe Monterey office project at 34-280 Gateway Drive. Assistant Planner Kevin Swartz reviewed the staff report and recommended approval of Conditional Use Permit 10-60 by adoption of the findings and the Planning Commission Re olution, subject to the conditions. ��'' � Chairperson Limont opened the public he d asked the applicant to address the Commission. r DR. BRIAN MARSHALL, ,: South Bri ay, Villa Park, California, asked if the Co� '"'��`sion had any que for him. :��,�, Commissioner Tanner asked �� ,� back �°� d and histo �< d what he would bring to the valley, and if it' „ Id `" .° m bringing it to the valley, or if it would be someon Ise. �� `� � ��, Dr. Marshall sa� with L�� inda in general on many of their projects. H nt Lind practiced for many years and r1�. he just r � sen �°" � �a� ma�i of their projects. He said th�;�� anding =r unities throughout Southern ��_. rent"" -� ornia r rovide�: ices, health care and teaching facilities. ��: e belief v�� that thi Iley is really short on teaching facilities in � � as of T� try. The ��, ed to the College of the Desert for the f � ur� �� ` t felt it would be very advantageous for the'� � nts wh e didn't have the ability to travel to ..r� ��`��,�y� iver� He said it�is an excellent program that would provide a ��\� am�, education for many of the people who live out in this � ar , nd w��, ,help them with a professional career. � � �� \�Commissio Schmidt noted that there is another building adjacent to this y that is lable and asked if he planned for the program to expand in ture�� . Marshall said there had been talk of eventuall the Colle e of Y 9 the Desert building more of a larger campus at one point in time. No one knew for sure if that would ever happen, but if it didn't, there was a possibility they may want to expand. The areas they may expand into was really an outreach to the community to help treat some disadvantaged people and disadvantaged children, even pediatric cases. They have a fairly significant program on the campus of Loma Linda to treat handicapped children with dentistry that need sedation. There had even been talk in the future about 3 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 doing something like that out here. There really isn't any facility like that currently here in the valley. Commissioner Schmidt asked if the lease they might engage in would be short-term or long-term. Dr. Marshall said that Loma Linda by hist ry, once they settle in, they don't usually leave. So it would be a,, term program. �. d9 Commissioner Campbell noted not necess hat building. Dr. Marshall explained that th�� stment� uild out a clinic like that is significant. The pro�e�� s about $2 �� n to build out, so when they make an inve� '��'`�� nt like that, the ��; typically stay there. It could be 30 y�� nn that faci.'ty. If they d to expand, they might keep that as �a�� ice or �` convert it to 6 ecific type of treatment. If the hygier��F o ,` .' expanded, they might move that out of that uilding and f �� e this one for clinical treatment of handicappe n. ��.�fr ��..,� Chairperson Limont as abo ngth\ ir lease on this building. � �: Dr,� �� said te � ith c� � � �� .:. The� �ere no o, ? r quest for the applicant. Chairperson Limont aske s`; ,. nyone w� ' ed to sp' in FAVOR of or in OPPOSITION to the propos � ro� � : . , t°�: esponse and the public hearing was d. � ��'; �� ion: ��/ �� ° �j� It was rr� d by ' missioner Campbell, seconded by Commissioner �� DeLuna, a � ving�` ��e findings and recommendation as presented by ��i��taff. Motio � rried 5-0. �� ,. ,, m by Commissioner Campbell, seconded by Commissioner De pting Planning Commission Resolution No. 2526, approving Condi al Use Permit 10-60, subject to conditions. Motion carried 5-0. Commissioner DeLuna thought this was a wonderful idea to bring such a school to the desert. She knew that College of the Desert had limited resources to expand and that they are over-impacted in their nursing program. This was a way they could increase the viability of students wishing to enter a field in perhaps a different way, and it is part of Palm Desert's General Plan to encourage this kind of development and growth: 4 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 medical, dental and technological development. She was thrilled they had chasen Palm Desert. B. Case No. TPM 36210 — AMIR ENGINEERING, Applicant Request for approval of a Tentative Parcel ap to subdivide a .41-acre parcel into four condominium � ace units with a common area for sales purposes T� .�" operty is located �.x� at 73-765 Shadow Mountain Drive. � �� -��e� Assistant Planner Kevin Swartz � v��wed t staff report and recommended approval of Tentativi cel Map 36 � � adoption of the findings and the Planning C � ission Resolutior�, bject to the conditions. `# �� Commissioner DeLuna asked for t ' ain airspace condominiums. Senior Engineer Page �arner expla . encompasses everything inside each unit, from the p�� e ceiling, aint of the walls, to the floor. It was the air space. Cor��'�ii DeLun . ed why it was distinguished from a regular condorr�� 'um cf��tion eneral. Principal Planner Tony Bagat larified th�ther�=;: � ' al wo types. There are lot m., k G�iO�. space c s wh "� t�'� cou� '�: own part of the property �..,, �� outsid uildi uch a� '� landscaping and the yard. And then there wer pace co minium , ; here they only own the inside space. Usu ssociat' � ' maintain =� building and landscaping, the areas identifi c o a:: issioner DeLuna thanked him. �, ' � son� ont asked w��hat the vacancy rate right now was for ` renta � S�� wasn't sure, but said he could look into it. ,� �� Commissi � Carr�� ell asked if all the units were currently rented. Mr. ��O��y Swartz said �:; . Commissioner Campbell commented that it is a very nice �� etopme �� / Re irspace, Commissioner Schmidt asked if the common areas were ed by the future owners of the condominium airspace and if it was divided into four. Mr. Swartz said that was correct. Commissioner Schmidt asked if the four owners would be the association. Mr. Swartz said yes, and they would maintain the common area. Chairperson Limont opened the public hearing and asked the applicant to address the Commission. Mr. Swartz informed the Commission that the applicant wasn't able to make it. Chairperson Limont asked if anyone wished to speak in FAVOR of in OPPOSITION to the proposed project. 5 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 There was no one and the public hearing was closed. Chairperson Limont asked for Commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tanner, approving the findings and recommendation as presented by staff. For clarification purposes, Commissioner S t reiterated that this is presently a rental property that is owned� owner or a partnership and the proposal is to change it so the c miniumize the project and sell each unit individually. Mr. Swa�z aid tha= correct. Chairperson Limont asked if we �� '�ity have concer� ' h regard to an owners' association. From tirn �� time as„ ociations c , to the City because they are short on funtl�?, d can't � up the gro �� . This is a ��_ smali project, but she asked if sta� :' ti�" d any difficulties along those �, ,.: lines. Ms. Aylaian sai o, they wer� typical throughout the city. �}y Chairperson Limont c vote T�i� �tion carried 5-0. . a �� It was mov� by Com�� 'one �' � s�onded by Commissioner � �� Tanner, �� ` lannin ssio lution No. 2527, approving Tentat�� ` arcel 3621 : ject to conditions. Motion carried 5-0. �. �. , �� ,�s . � �.: C. N "�� — OF PALM DESERT, Applicant � , � ; .: �°�� equ � for consideration of a Zoning Ordinance � � nd to Chapter 25.56 General Provisions, adding ` � S n 2�: 530 Prohibition on Short-Term Rentals in �� Res tial �� es, except for hotels, motels, and/or a bed � and kfast as allowed per the Zoning Ordinance, short- � \� term tals for less than 30-day periods shall be prohibited � in\ s sidential zones, unless the property is located in a \ community. � �� Principal Planner Tony Bagato reviewed the staff report. He went through the map exhibits of gated and non-gated communities in different residential zones. Mr. Bagato indicated that letters, emails and phone calls had been received in opposition to the proposed revision and outlined their concerns. Staff thought there were some valid concerns raised. He looked at other local cities to see how the situation was handled. No one had an active ordinance and others were looking for ways to enforce it. He said he didn't check Palm Springs the first time. When he did, he found 6 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 they had a pretty good ordinance that allows short-term rentals. They are all required to get permits through the business department, and they have restrictions in the ordinance that limit the number of people there at night, during the day, noise, and issues like that. With that ordinance, Palm Springs thought it was beneficial to the community from the resort side, and the restrictions benefit the community by keeping them more controlled in a manner compatible with single-f mily neighborhoods. A copy of that ordinance was included with the sta ` ort. Mr. Bagato thought that short-term rental =�4 be appropriate for Palm Desert. Palm Desert is a resort destinati d lieved that short-term rentals were vital to part of Palm De succe � ong with the hotels and timeshares. In the first staff rep� ,�a e had indica at approximately $2,800 was received in TOT �tr�;`` �ent occupancy t . After further discussions with the Finance �M� � rtment, it,ta as determi hat the City is currently collecting approxim� $235� .�'�� in TOT, both�� gated and non- ated communities. ��`�� '��°`�' � 9 ;� �� Further research he'� ted at the r�t. N ting included information from ,,��r.. one website he found` om pu�` \' ut. It was a vacation rental website. He counted ° 8 � not this was for individual �.� homeowner ' ting their . es agw� cies. Out of this scenario, from wh identif % w : tside of gated communities. They a 'y give sical a sses and that was why it was difficult to enf ut some r icated i y were in places like Desert Falls or The Lak e ones ''°;'° said the re close to EI Paseo, or a private home, he as d e '. ome said Sandpiper and Shadow � tain � Club, ` knew were not gated, as well as those in �� se ntry Club. / �Oi//,/,�� In talkin % re'� anagement companies, Mr. Bagato said there are , ��0 �� hundreds e listi with them that are not on this website. So they �i��jere lookin�� potentially 750 or more units used for vacation rentals.�f look at t scenario, 15/o would be outside gated communities; 85/a �' ;' % be within gated communities. Since the year 2000, there ha � ix properties that generated complaints within the last ten years.°° of 800, that was less than 1%. Palm Desert had ordinances in the past that were difficult to regulate because we didn't have good control, but a new ordinance was adopted about two years ago for noise and standards related to when Augusta's on EI Paseo was having issues. The new noise ordinance deals with disturbing, excessive and offensive noises. The City has a lot more control over short-term rentals just from a noise aspect if they did allow them. And there was never a guarantee that a regular neighbor wouldn't be a problem. So staff believed that there's a 7 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6� 2010 potential to look at another solution than the ones proposed tonight and he would lay out several options. Mr. Bagato said the first was to do nothing and continue to allow short- term rentals in residential zones and stick with a conditional use permit that is discretionary approval reviewed on a case-by-case basis. One of staff's concerns with that initially is that the fee isa$2,915, and if they are incompatible, he wasn't comfortable bringing . ` , erty owners here to apply for that, pay that fee, and then potentE�p, e denied, so staff was more in favor of a city-wide code that t�� with them outright with restrictions. That would be to revise th�,�`„ na and restrict them and � �� permit short-term rentals pretty muc v�rywher��N� they could look at ,;. doing them only in the R-1 zone I� J ey do with � � P, or they could specify restrictions that apply t -gated communi�r � nd the gated communities could continue o way they ave been (�,. ey could do something similar to Palm Spri That or ce was befo ` em. They could just do a citywide app make everyone come into compliance, but try to��t more enfo t in there through just penalties if people are doing t��r;� out prop F mits. Or they could adopt the proposed zoning ordir�"�ic f, ndmen � � ht. The last request for a conditional use permit �t der� the ing Commission 4-1. The Planning C ission saiy that �`� ,�� en compatible in R-1 single family zo denial � was't��i d by the City Council with a 3-0 vo, d the � Counc � eed that these weren't compatible. ��. Mr. v to state at the ordi ;, ce was before them tonight, but staff's recom ati tir� it and ask staff to look into a new /i ' ance � would � ith either citywide or the non-gated �/ � itie � apply restrictions similar to Palm Springs. There were other , like na Beach that have also dealt with short-term rentals. �� He state at S uis Obispo prohibits them. So there were different �� on�nuan�ce� d direct on He�asked fortan�g uest ons Was requesting a %y�� Y q !�� /�O , iss DeLuna noted that Mr. Bagato referred to a particular we � deals with vacation rentals in Palm Desert. It overwhelmingly referr o private, gated communities. As they talked about vacation rentals, she asked if a vacation rental meant short-term rentals, or over 30-days, and how that was defined. Mr. Bagato said looking through most of them, they advertised for a week or a month, but some of them did have up to 30 days. Palm Desert defines short-term, which was the same as vacation in the Palm Springs ordinance, as 30 days or less. For anything over 31 days they couldn't charge TOT under state law. It became a permanent residence. 8 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 2010 Commissioner Tanner said they talked about short-term rentals as they apply, but not for hotels, not for motels and/or bed and breakfasts. He asked how a bed and breakfast was defined. That was a pretty generic term, unless Mr. Bagato was saying that they were providing a bed and breakfast. Anyone could probably put their house on the rental market as a bed and breakfast in the city of Palm Desert, unless there was a clear definition for it. Mr. Bagato confirmed that in th R-3 zone a bed and breakfast was allowed with a CUP, but they di ave a definition for it. They could make a definition as part of ' typically it is usually accommodated with a kitchen and they oviding a service like a , hotel, but that isn't a home. .F. _�� Commissioner Tanner asked �f - adopted draft ordinance amendment before them, what �� o prohibit someo m advertising vacation rentals as a bed an�� akfast. . Bagato sa rrently bed and breakfasts are only allow � the F� = one. There ` bed and � � i�i breakfast at Tumbleweed and Sh , ain. No matter what, it would require a hearing. In t other zone� 'i�ot allowed. Because this would cover R-3 zones, st d to mak� ,,. e they aren't prohibited where �z� they are currently allo � :'��_ 's why i� .� uded hotels/motels/bed and � breakfasts per the ord� y ce�;�� haf�� stay within their zone. If they are alre�� allowe ey , a� cted. Chairperson Limont asked if �: :: breakf es a ess license. Mr. Bagato said � ��, , YeS �° � ;�,�w �r ��„ Com ioner C �i bell aske short-term rentals were allowed for just one or' i � �,.�; t�s anything less than 30 days, so it could �� Ys a�� ,:�� v� � � Com ner� idt noted that Mr. Bagato was proposing that they � look at ` Pa�� rings ordinance. She wanted to know if staff \ investigate�, w P�� Springs enforces their ordinance and asked about � heir track rd. Mr. Bagato stated that he has a call into them, but �� n't recei � a return call. Our Finance Department has talked to them ey ave a two to three person staff that actively tries to enforce it. � responses from the public was from a gentleman who helped draft� ordinance. He heard it has been very positive for the people using it; he wasn't sure from the City side. Mr. Bagato said he was expecting a call back and was hoping to get into it more when they come back with another ordinance and review the pros and cons and maybe change it or modify it if they thought things weren't working. But he hasn't received comment. Commissioner Schmidt said it becomes a code enforcement problem if there is one, based on complaints. Mr. Bagato said it was already a code 9 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 enforcement problem. That's how the City deals with them today. Staff just tells them whether or not they need a CUP. Under the Palm Springs ordinance, they have active stings to try to enforce the TOT. If we were to try to do something like that, that was something that was more internal management and they would have to discuss that and it was a lot more staff time than we dedicate toward enforcing the TOT. But staff would anticipate the enforcement as being the same as t day. If a complaint was received by Code Enforcement, they would be ' ut to see if there was an active business license and permit to d ` vacation rental. If they didn't have a permit, they could apply and , �ons would be put on it. If they violate the restrictions, the permit ` b oked. It would be the same as what we have to do today. �� Commissioner Schmidt reiterate ��at enforcement k� be complaint � driven, regardless if we go or� t; �� way we a�e or have a��o ordinance. Mr. Bagato said it depends. H�� uld h��o talk to Fin�� , the City Manager, and Executive Manag�� t �,1�,�ow to deal with it, because there are cost benef�t�in spending'�m€�� taff time to try to get the TOT, and then whether it s cost rev�+� , , neutral, positive or negative. But staff would have afi =c � �essed �'' coming back with a new ordinance. `'� �'� �@� � � ;.:�_ �;�> � �;" w. �: Commis ' pbell � r ��'" s recommendation was to contin s an what ��'��°' alm Springs ordinance is or other cities. Mr. to clarifie hat the a" , ction request was to continue it to allow staf 'ther ad ne citywii� similar to Palm Springs and staff would come wit ' d ci for Palm Desert. Or they could apply it �� o no v comm� � , ,5�;° �d leave the gated communities like they could apply it just to R-1 like the CUP is because that is � �� where'�= six� �� nces have been, in R-1 communities, not the other / �� zones. � �� we � ee different ways to handle it: whether they want a %� citywide a�� ach, �� . tle broader, or a little narrower. One of those three �'��j��ptions and� n continue it to address one of those. �� iss� Schmidt asked what the prognosis was for doing nothing an it the way it is. Mr. Bagato said he would be for that with the condi I use permit; his concern was that if they make the finding that there are no complaints and they have been compatible with the neighborhood and they apply proper restrictions, staff would still support it. His concern was that a CUP is a discretionary approval and when they notify people, even if they haven't had complaints, sometimes people come out just as a matter of fact and it's a hearing and they get scared and they could deny someone over one complaint and they spent a good amount of money to go through the process. 10 MINUTES PALM DESERT PLANNING COMMISSION APRIL 612010 Commissioner Schmidt asked if adjacent property owners were notified for a CUP application. Mr. Bagato said yes, 300 feet. Commissioner Tanner asked if that was the original application. Mr. Bagato said that was correct. Commissioner Schmidt asked if it ceased with a change of title. Mr. Bagato said it doesn't cease with a change of ownership. It would cease if a use hadn't been done for more than a year, so if a new owner came in, they could continue on under the same condition . If they decided to live there permanently and a year lapses, the CUP w �" become invalid. .�_, �,,:a Commissioner DeLuna pointed out that tt�� 'nance says 30 days or less was considered one way, more th��: �another. By inference that meant a month at a time. What d h� do wit� month of February that is only 28 days? Anyone ,: `r wants to re� `, � r the month of February, did that become a sho rental? Mr. Bag� �aid technically by law, yes, it would be a��" -term re tal. Commi�� , er Schmidt thought it depended on how rdinan s worded. thly would include February. `"a On that particular issU��#he past, issioner Schmidt said she has had a number of renta� , n��1�, and might start on the 10th of the �: m o n t h, o r t h e 1 5t", o r f 2 0� ��o t h a , . S h e a s s u m e d i f i t w a s January 15 month � � Id k� �� ua 14 or such to make the L`�y accomm the 2�� a omm�``" " er Tanner noted that it was 30 da if the t the �` ' of Februa the � ry, y get a couple of days in Mar is 30 d . Mr. B � to indicated that it's based on TOT law whe r not w n charge� ". tax. We could always apply restrictions �� on our ter u�''�� till want the TOT if it is less than a 30- ,�/ ��ta:. �� Chair n Li o�ened the public hearmg for testimony m FAVOR of �� or in OP � ITIO � the proposed Zoning Ordinance Amendment. �� "%� MS. BARA deBOOM, President of the Palm Desert Chamber �� of C erce, stated that she has received a few calls at the office ��the� t eight to ten days on this issue. From a business ective, what it would mean to their members, be it the � aurants and/or the retails. She said what was nice about the one-week type turnover, it's new money coming into town; new sales tax dollars to these businesses. She found it a little confusing that we as a City are building timeshares at Desert Willow with week at a time rentals, and yet potentially may not allow this to happen. She requested a continuance and a study group be put together to look at it further. 11 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 MR. KIRK ELLIOTT, 30-600 Desert Moon Drive in Thousand Palms, California, said he has been a resident here for about 28 years as a builder. He has done quite a few of these rental properties for a lot of people out here and if they are bringing in $235,000, maybe put someone on staff to go through all the websites and find out who is running these places and lock down on them a little bit and bring in a little reven e and work it a little bit instead of cutting everyone out of the lim, � . They are bringing in and generating a lot of revenue in he � d he didn't think it was fair for some of these people who full-time residents, they can make a few extra dollars a in ney into the city and everybody is happy. It seemed !� e win-wi � ation to him. �� machan, in Scot She said she MS. DEBBIE HOUSTON,�� flew over specifically f�� -��meeting night. She��`� they bought property which they rerr� led anc�� , y have been ng it as a vacation rental. They adv� �_� a�r��ay the TOT and thought that was all they h to do. They�� :'�i't aware they had to have this conditional us . ' . Even af� , ving the TOT license, nobody notified them do th�� ;They felt they built a nice property. They b ht ° ' g to � ' : rea. There are neighbors �,�. on ei��side an : eir p�" ,�� re �ite run down. They have m ��'�' � ure of��,�� he �� "� that are coming into their �ss` erties, � , se co ers, would suffer if they didn't have the Y,... `I'a' � tion to ca� for a . Not everyone has 30 days of vacation. � e has b ; coming for 15 years and she rented homes for � �x� �� t�t�'�,�5 �� .: o� here. She can't come for 30 days; she � � \� car� "' � or a we� 3 ;�;°" �ime or two weeks. She certainly wouldn't �� to�� , tel because she would rather be in a home, not a hotel. If �� t� ac� :,his, she felt that the City was really going to cut � elves�°'�� _�. of the $235,000 in revenue. The cleaners, the pool �� peo�' and�� rdeners, they won't be employed to upkeep the �� prop� they have, so then they are forcing people out of work. � They� uld probably put their house on the market, not that they �� w do that in this kind of climate, but they would force people \ � oing that. So the market suffers; everybody suffers. She �: ed that they give it a serious think before adopting this ordinance. MS. JANE BARON, 73-500 Grapevine Street, stated that her husband Alan couldn't be here, they are from Sonoma County. They bought their home on Grapevine, very excited to retire here in 2007. They all knew what had happened since then. Their house isn't as valuable monetarily right now, but they still love this home and plan to retire there. However, their retirement plans have 12 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 changed and they are still working. Based on that, they had a home they love and didn't want to sell and buy again so many years down the road. They want to keep this home and retire there. One of the . ways they can do that, and the City encouraged them when they purchased, was to get this license for the TOT through VRBO, which is a great website. They put up a very beautiful advertisement and have had wonderful res onse from people from Minnesota, Canada, and people who ha Id winters. They have had no problems with the short-term. e are families and less than a month is a vacation, truly, ilies. They come in at Christmas time, Thanksgiving. T n owbird type months, February and March, could b ; term, arlier on, and even now, they had a family fro �"� land stayin � two weeks. She had been writing to her fo � onths and they o excited and were doing fine. The i nce here �s that these amilies and these families are goin wn to , rnia Pizza en on EI Paseo. She sends packe one and it's all about Palm Desert. She do, n't send an° ation about La Quinta for these families. They �, �ark, theb golfing at Desert Willow; all of her energy for pT �� ,_ they a ing to stay at her place and ask what to do n � Sh�� y .: ticke the families to The Living Dese This is r��, im�= ��`�, I" than one-month group. T e there . The�z.� e jobs, vacations, and this is � she ted to +�� hasize. The one month they had those, � ey had a ple com ro r two months. They are Minnesota retired uples T '""' s what w� , put them in this market. It's a different et. ` ��'° s`�- ch fun; it wasn't as lively as the woman ,/� � wh e first out. These families come and spend �/j�i�j one ey also pay their 9% and she thought it was good for � ;�bo �� << /// She� o wa_: d to say that if they leave it vacant because they �� don't'; t those one-month locks, they had last summer, when it '!S was ;� degrees, someone broke into their home—went through �� th �� ch doors and broke the glass. That was really tragic. The �� s went off and the neighbors probably didn't like that. The ice were all over, there were police dogs, and she was upset. Her brother and sister-in-law are managers and were right there. The point being that a vacant house isn't good for the neighborhood. In fact, it was frightening for the property owners as well because they have a lot invested in this. They also tried in the beginning a long-term rental two-year lease. The person stopped making the payments, brought three cats in, and the house was not left in good condition. They had found with short-term that they can get in, take care of their home, clean it, and it was a perfect 13 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 situation for them. So they were of course very upset that the City was considering this other idea. She did fly down here; this was very important to them. MS. KAREN MACAULAY, 45-800 Deep Canyon Road, said that she agreed with Ms. Baron wholeheartedly that they are business people. They've made an investment in tt�e city of Palm Desert. They make long-term business decision�x� sed on the fact that they have a license with the City a�� ey pay the tax. They purchase furniture, buy linens, � �� an't let something go unrepaired, they employ plumber , �, ct` s, gardeners and tree trimmers, and it would be a d i� financi , ,; rdship if they were deprived of this income. � �� .,t MS. SHERRILL WILL , 72-610 itahaya, Pai �esert, said she was in the throws o hing h e, applying ft�the correct licenses for a rental and pped on her. She gave the Planning Com, ission phot file in the Department of Community D�� ; ent). She ed that they are all long-term rentals in her " �r�c� od. Sh . s so disappointed in Palm Desert again. H she� ` es t ' , it is a resort, and has spen these ho 3_, an� ' � =,�etti this home prepared and g p # ��e si� , e hasn't rented yet because e res on 4w�� sn't t read� z� everything. Why would Palm Desert turn wn mon ;, rom ind�:. uals such as herself in this environment d time they ha ouses looking like this (referring to the e ? " he needed to know what started this t� ,� �� thi d takin °F � vilege as a homeowner away. What was ��y/e c ? When you own a home, and to show her that she is an nd it's due tomorrow, and she pays $5,000 a year in .�� pr t to support all these wonderful things in this great ��D�O/////�� city,�� d no ey have provisions that a gated community can !�� have % tals. When something happens there, they still depend on �%//�///�� the ;� Desert Police Department. Their security legally is not %��o� all to physically touch anyone or remove anyone. So it was �� e same tax dollars if there was some issue. And she had , e a lot of research on this when she was notified that there were questions. Why is Palm Desert so concerned? She also owns properties in Lincoln City, Oregon, and this would be a great opportunity for them to research and see what happened when they did this. She thanked them. MS. JUDY NAGLER, the property owner of 73-425 Buckboard Trail, said her permanent residence is in Los Angeles. She bought this house specifically with the intent of doing short-term rentals; 14 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6 2010 sometimes it is six weeks, sometimes two months, sometimes it was two weeks, to help her to pay for the mortgage which she took out a 15-year mortgage with a plan that when she could afford and pay for it, she and her husband could retire here. Her property has decreased in value over 30% since she purchased it. She maintains it beautifully. She pays her taxes, she has a permit, and she uses a rental agency that requires if th re is a slight scratch on anything that she repaints immediately. S s only had wonderful tenants. The other homes on her s some are abandoned; some which have long-term rent � e hoards of teenagers throwing parties all night. They p the property at all. She had to put in a fence bet � e er nei r's house and hers completely at her expense b� � se they tore n. She believed that if they enact this, the� `' ' Id be bringing Pa esert down so fast it would break man� \ eir heart�. If she kne s ' , she would have purchased elsewhe � r if sh� ;,� w she neede purchase in a gated community, s�t„ � ave purchased in a gated � ��a��. community. Sh has a very'e sive home. She thought it was very discrimin : ' 's taking a�{ her property rights, and it was really hurting th� � certain�� y Id fight it as best she could. She has already . ine el to i�� ffect. ��; .� '� MF�� BRO ��`�� Pal�� ngs Rental Agency in Palm `�Y gs, �� rnia, s at his company started renting vacation �-"c tals in P �� Dese 1972. Various cities around the country : ve sou "� o regula acation rentals with great success in M er � `� � ,: well as property owners. The City of Pa N gs rec�r�� :;: cted a city ordinance in partnership with ' dus�v �; hey worked with them for over two years to get that � � an��` � ne. It has been successful and protects the property �, ri of a� �� ' ens, and dramatically increased TOT revenues in �'�� Pal rings:�� n 2008 their company paid approximately $25,000 �� in T o the City of Palm Desert. And they also estimate getting a �� form rom the CDA that their short-term Palm Desert customers �'� sp, approximately $370,000 in the local economy. So, they �, t that was quite a bit. He respectfully requested that they \` tinue this to allow them an opportunity to speak with City staff. He thanked them. MR. JIM PEARCE, 75-715 Altamira in Indian Wells, California, stated that he also owns property in Palm Desert. They have the vacation rental management building Fairway Vacation Rentals and Desert Sage Real Estate just outside the entrance to Palm Valley Country Club on Country Club Drive. He has been a desert resident for over 30 years. He has been in vacation management, in and out . 15 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6 2010 of the business for 25 years. Their company manages over 200 units valley wide; 120 of those units are in Palm Desert in such communities as Palm Valley Country Club, The Lakes, Desert Falls, Palm Desert Resort Country Club, Monterey, etc. All the units they manage are in gated golf communities, so the legislations as proposed didn't really effect him directly and frankly, if it was passed it wouldn't bother him in th� least. However, he did feel this could be the first step in a sli�^ slope of additional regulation. And frankly, he had an oppc�„ � ity to look quickly at the Palm Springs ordinance and he thQ�, }� .' was a terrible idea. He thought really when they step bac� � A�� hole thing that this is government trying to legislat fi re a p�� m doesn't exist or where their energies would ter focused � ,__F here. s� _�_,. Just a few problems � arce saw ith a quick F�" at the Palm Springs ordinance, is " quires - million of g�" al liability insurance for any owner o participate. It requires that the owner of �at property' that the vacation rental unit complies with �` ��licable . The daytime occupancy is �. �� limited to the m i u ��amber idents plus 50%, so if they have a condomi� t�i� � mmo four people, they could have other p "� e ov�%` ,he� y, not more. And who is go' ` force t , ,, �-�-� e m��,��rs have to sign a formal owle ent th �' ey are responsible for the compliance for provisio ; ithm th' ,n: dinance. Again, this is exactly the wrong roach. at they ar�M ing is making it more and more difficult t v� ` tion basis. What are they going to do? � �� Th going to�� RBO. VRBO has a place in the overall , %�i�i�,,,,� he this industry and a lot of people use it successfully. More �� j , er t � . That's just fine. However, they have 588 properties o � BO Im Desert right now; he has been on the site many ��j time � nd m� of those properties advertise and offer rentals for �O// less t - 30 days. �� Mr � � arce said that based on personal experience and ��i � ation, not more than 5% of those people who are renting for s than 30 days are paying transient occupancy tax. He made that point to the Finance Department of this City on several occasions before trying to get them to focus on that, and enforcement there, and making more money for Palm Desert. There has never been any follow through. Well, it's difficult, how can we prove it, how can we catch them. He had a hundred ideas in that respect and there are a lot of rental agencies with motivation to help them out in that process. He respectfully requested that the current proposal be abandoned, or adopted; it wouldn't hurt him, 16 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6 2010 but would be unfortunate for these other people. However, he encouraged the Planning Commission to look where problems exist and that is noncompliance and put the City's energies and resources in that direction. MR. JOE CHURCHILL, 130 Pueblo Lane in Los Angeles, California, stated that he and his wife have been vacationing in the Coachella Valley since 2000 and they a, s �� ly started vacationing through the PSRR program as well. T�' �� what kind of got them into this market. In 2005 they had th�� child, and they are from Toronto, Canada, and their hous�:� �� , 't big enough. Having been out to the desert many ti s�o vacati re, they decided to ��'�� purchase a home because ad the meai�� do so, that was bigger than their place i '� Angeles that cau , accommodate their parents and gra � ents. So they had b�€��operating a vacation rental home three a half year��`�hey have contributed $10,000 in o � at timeframe and probably double that in p�Q�erry taxes. � �� : Mr. Churchill s � �� x�pecific` f the opinion that a properly mandated and m� :'torec�r , rog 's the best way to address both concerns the � �� . : e ners. They agree that the e ' ' ance �� st thr° �'�: d a half years demonstrates the ditiona��A;=" e permit process provides adequate eguards : the Ci�, d its residents and felt strongly that it is ssible t w short-t� rentals that serve both the needs of the �. n "'' a , ' er while preserving the high-quality of life�u in a liv stainable and balanced community. He �� ou� � � g me of the ideas brought up by the rest of the people � kin ight deserved to be looked at; perhaps the current pr s w t quite sound enough to meet everyone's needs and �� nee' to b ooked at. They respectfully hoped the City would ��, deci stick with leavmg homeowners the option to do short-term ��%� rent e thanked them. � / ��% JUSTIN STEUBS, 78-140 Calle Tampico in La Quinta, ifornia, said he is the owner of a small vacation rental leasing and management company. If this new rule is adopted, he said it will basically fly in opposition for the direction of the hospitality industry. Consumer demand for homes to rent as an alternative to hotels is growing rapidly. The company that owns VRBO Home Away just spent $3 million to do an ad during Super Bowl with Chevy Chase to promote the vacation rental industry. Large families have told them that renting hotels becomes a safety issue as much as an economic one. Most hotels are not geared for large 17 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 2010 families. If a mom and dad have four children or more, they have to rent two or three rooms and get them all adjoining, which isn't always possible. They potentially have young children sleeping down the hall from parents which isn't good, but it happens all the time. For the same money as three hotel rooms, a family can rent a nice home with a private pool and adequate bedrooms for all to sleep safely in one home. More and mor people see this as a better alternative. If this new rule is ado s y Palm Desert, it will cause guests looking for a home to go er cities and outside of Palm Desert. This rule would n ge consumer demand; consumers will still rent vacation s;�b� will just rent outside Palm Desert. He thanked them � � �� `��_ Chairperson Limont asked if the� �any other testi in FAVOR of _��.. or in OPPOSITION to the pro : ra Zoning e rdinance A ` ent. There was no response. Chairpers�� 'mont d the public � aring and asked for Commission comments�� ,;�v � ��: � Commissioner Tann'� ht when originally reviewed this and �� asked staff to come eir reCb endations to give Planning Commission a little insi into e hav��t there in the city of Palm Desert that ��,^, d potenti� brin � � ' h�= idn't have any idea about the kind . �- � that is �� d by�� ransient occupancy tax. He said h � prop`�,� nt of t� all business person without a doubt and he t�t �y, ��' t it woulc��: e in Pa esert's best interest to continue this and ask s " to com�-.; ck with r mendations, working with a couple of the ag�= s th; a ; tio ntals in Palm Desert, to come up with ution to be5t�� ; e them. He said they had to understand ;,�� Pla� , Commission was also looking to protect the next door \�� neigh th�� es that have the weekend rentals that rent to people �;.�:. maybe t sho�t" be renting to. He thought originally that was their � :, \, intent—to�� ke su_ � a family neighborhood was kept as a family � eighborho' nd again, he is a proponent of that business person and �� would b � favor of a continuance to come up with a solution that \ he ` t just the owners of property in Palm Desert, but also nei "�� at do own their homes next door. � , Commissioner DeLuna said she listened to everything that had been said. It is a highly complex issue and she had several things to address based on what she heard said. Addressing the $235,000 in TOT that comes in, she thought previously it was established that most of that comes in through the short-term rentals from PUD's and from gated country clubs. The people that live in those country clubs pay large homeowner's dues. The associations have hired attorneys and they have formulated CC&R's and bylaws and that's not the case for R-1. R-1 zoning doesn't require 18 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 these restrictions. When they start trying to compare R-1 short-term rentals with short-term rentals in the gated country clubs, they are talking about apples and oranges. She didn't think they could be lumped together and as a blanket amount and say the specific amount they would be threatened to lose if they do not approve vacation short-term rentals. Secondly, this issue is not new. Requests for �hort-term rentals have come before the City several times, and in ea �`�' se have been turned e��. �� down. In the past when the item was not� `` ; the preponderance of sentiment was against having short-term �+� . . The short-term rentals �. were considered to be a detriment ' e � Ibeing of the family neighborhood because there were n e ssues � , arking issues. If a residence can sleep 6-8 people, y re liable to��r�� any number of cars parked there. People who . '� for weekends, p �,� ularly now the demographics of the short-t ' enters ar changing, 't� have rock concerts, Stagecoach, Coache est, a ot of people �' e to town and want weekend rentals. A lot o e ple have parties, they make noise late at night, th��e are lots o e in the houses, and they get reports on an ongoinc,� �' on that ty , rental situation. It disrupts the family neighborhood in ,, ��;, e indiv short-term rentals exist. We can't turn residential ne� bor „,, ��to p ouses. There are hotels, motels, tim res, anc� ° ed fas available for short-term rentals. � roduc �� Ar�� , it could be said that many reside o w not sta a short-term rental could avail themselves of a: and brea t if they`� ted a more residential feel, or there were hote d motel t generat�r -e same TOT that the neighborhood R-1 �� reside a h � dc� A lot of these places were zoned as � ' entia�� orhoo ° ,. y that purpose. She said they don't modify � ' � or ce that has been carefully thought out, carefully planned, � caref � nsi . A lot of these options, which come up time and time �'�;�� again, h� � een � ressed. Most neighborhoods don't want to tu�r�n in�o �� places tha ave �� rt-term rentals with party fests, and she as 't ��speaking in ually to any of the people here, nor did she question their � tives, or ' nt, or the customers that they have that rent from them, but i � res he city as a whole, that wasn't the reason Palm Desert was for ardless of the fact that it is a destination resort. These neigh oods are for families and they are intended to be so. Chairperson Limont was highly sensitive to the times and the economy. They were all affected by it, but it wasn't up to the City to change its standards to help citizens who have second residences they are trying to keep and they are in a financial bind about it. The City must consider what is in the best interest of the city and what the founding fathers intended the city to become, and modifying the ordinance that has been so carefully adopted might not be in the city's best interest. 19 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 Commissioner Schmidt stated that she preferred to look at this entire issue on a non-emotional basis. That was difficult to do when so many here have such a vested interest. She understood it, because she had been there. The reality is that everyone who is represented here, as well as those who are in the same category represent an extreme minority in the city if they look at the overall residency. And she didn't really want this to get legs. She thought they have been limpin °� ong trying to monitor and police the abuses of short-term rentals ;�,✓ said she wasn't at all A�s: , sure they needed an ordinance, and if th� ` . it should be better than what Palm Springs is doing and those w :�� s s looked at, because they are ineffective unless they ar c��ng to re�� . devote the police presence and code enforcement � red to collec�`, hich is the only reason they would have to enc � e what's going ori�,yrhaps most of them who have spoken havea, sues and hey really po , ., their short- term renters, but it does not a�� ss the, � le who live �� door and around within that 300 feet �� their property to enjoy it peacefully. , � ��: Commissioner Schm� ��t she �ved in areas that had short- term rentals. She didn't �: it. �i� � ean s the owners of the short- term rental erties we the��^ '" � 5 es to know what was going on. Not e �s repo � veryt� .:. is investigated. To her it was � . mindb g to of the : rcement that they would have to increase to p an ordin such a s� e Palm Springs ordinance. If Mr. Bagato real get to she tho"�' t he would find it was a barrel of worms for the w ' n that for a fact, but did know of many -ter in Pa � s. All of them have their problems. �� :��`e� She li e i hat Barbara DaBoom had in looking at a study group. `� Commis� r 'dt suggested putting together the Chamber of �� Commerc� me o � e rental agencies if they are willing, a member or �� o of the ning Commission, some staff and a few of the short-term tal owne nd try to drum up something that works. Her feeling at the nt ' � t there are many many residents in this city who do not abr , ordinance of the City and register their homes and pay the taxes:�, t's one issue. That was not the most important issue to her. The most important issue is that person or persons living around these properties live in peace and quiet and enjoyment; period. She thought they should study it and look at it; they didn't have to move quickly on an ordinance unless someone gave her a really good reason. She thought that was a prudent way to move forward. And she would make that motion. Commissioner Tanner seconded. 20 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 Chairperson Limont asked if they could hear from Commissioner Campbell first. Commissioner Campbell stated when the original ordinance was adopted on a 4-1 vote; she was the one in favor of short-term rentals. As a business owner, she feels for everyone and thought they needed to go ahead and facilitate everything for the people because of our economic times and said we need all the business we et in the desert. She wasn't ready to vote on this ordinance. If i �s e to a vote today, she would vote against it. So she was also in f , the study session for the time being. � Chairperson Limont asked if Cor� � ioner Schmr ould restate her motion. �� ,;g ��" Actiorr. � � It was moved by Commissioner � �_ ic��,�� staff would be instructed to set about the formati of a commit��;`� interested parties, businesses, two Planning Comm embers b�"„ ointed, Council, and a broad enough base that wo "s �` � . � comm�i�� to really study the pros and cons. She added one t , th� - oug�' s very pertinent, and that �., was when tf�� hear abo� e s � �� ' nta�� , which obviously bring in more reu �� - a lo °�d renta�,� ause they are turning and v ��:3 turninc�,�:: she . it fo ;� rs. The assumption is that it is 100% occu y and th � simpl`- t true. If they have a year or six months leas� f, ;a prope ,� hey don't e as much money, but they know that it ��; � : is leasx d � ; it t. She doubted seriously that vacation �p' �� e �� Is ar -_ ught a � �� ,� �� g July, August and September here. So �� ded"�� eep proper focus and perspective when they are dealing , � with t D � \ w �� , � Commissi Tan�� asked if the motion was to continue with staff s tudy sess Commissioner Schmidt concurred. The motion was �� onded b ° mmissioner Tanner. �� \ Be g, Chairperson Limont said she had a few comments. One, she is�� omeowner and lives full time here. She also realized, and she thanked the person who brought in the pictures, that they obviously have an ordinance problem and they need to talk to Code and have some yards cleaned up. That was completely unacceptable. Palm Desert does take a great deal of pride in keeping up their neighborhoods. She also thought it was very important that they do keep up our neighborhoods. She thought they have a really well-written ordinance and it says, "The R-1 District is to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots." Palm Desert is middle 21 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 America. We are homes and neighborhoods and kids; rentals are important, but our residents, at least in her mind, are first and foremost. They were not trying to discourage rentals; they were trying to discourage losing our neighborhoods. What they were discussing this evening were short-term rentals, under 30 days. And with a CUP, they give their neighbors the opportunity to say, you know what? We don't want an animal house next door. She had a pretty good re inder over Easter. Her neighbor has a big family and everybody left Mo � morning at 4:00 a.m. and just the slamming of the car doors got h `�` . That's what they were trying to protect here. As they move fon��,. + she appreciated all the comments, because they were concern�� ou� , n, but she also didn't want to move quickly. X ;F_ Her understanding was that th d a motion to co�t . ue and move forward with a study group m p of Coun il, Commissi�� g ome of the homeowners, but in the me e, the Id stick wit e current ordinance because that was wha o ooks. Chairperson Limon�"� ��:�t�, for a`��, . � The motion carried 4-1 � (Commissioner DeLun�� o ��;�� ;. s�, Chairperson � ont thank`,. eve ��= tte ng. � ��a 4 ,�� .�. � �� „u �„ �:� �,ti�e"'` D. q � se No. �'� P 10-'}�. — PALM DESERT REDEVELOPMENT ENCY licant �o .�� .� Re r appr "`� �,a Precise Plan of Design to allow �jj�� ns ' n of a Desert Willow Golf Resort terrace, canopy, !o� � , en � 'ng, and overflow parking lot expansion located at``�� 995 � rt Willow Drive. /�� . ��,,,��,�ssistant PI ing Missy Grisa reviewed the staff report, provided a power � 'nt prese, on, and recommended adopting the findings and resolution vin ise Plan 10-74, subject to conditions. ,��/ Com oner Tanner asked how much this would cost. Ms. Grisa referred the question to Redevelopment Agency staff (RDA). MR. MARTIN ALVAREZ, Redevelopment Manager, stated that they allocated approximately $5.5 million for the entire project, which includes the building expansion, the terrace, and the overflow parking lot. Commissioner Tanner asked if that was Redevelopment funds. 22 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 Mr. Alvarez answered yes. He said they were very excited to be here to present this project. The City Council, City Manager and the Redevelopment Agency were excited to see this project move forward. He said there is an opportunity here to meet not only their current needs, but also their future needs. Desert Willow has been very successful and they wanted to keep u with the quality that it provides to its residents and to its visitor� ,a is was an opportunity to enhance the business mix and ;,`�� in different types and different flexibilities to serve not °.� ur residents, but other � patrons of the golf course indus�,, m'r�r ,� pportunities, banquet opportunities, and weddings, ' that s token enhance the �„� revenues for the City. He s � . Grisa did a �r �t job in giving an overview of the project� " e was also ther ;: answer any questions. He read the��'� report a the conditi�� of approval. They all seemed acc�� le an � thanked th'�� for their consideration. Commissioner Schmft��k�d about�th s,� eframe from approval. �. � :: � Mr. Alvarez state' thaf f��;, y „ e Vi errace would be the first phas�� the proJ It � ul to begin mid June and sh� � mplete� y� �� enc�� , mmer or mid September at t�, test ; kitchei��' n a different category or track. They were ,`"� ticipating �. ginning�� nstruction of the kitchen and building E' ansion� 1 ust 1 and`�, uld carry forward through the remainder o - : Th " hoped to have that completed by the ° � �, .. �� en �►� � 0 The �"�. � parking lot would also have a summer �� nstr � n period starting in July and completed by September. �, . � � � \ Commis , r S�� ', t asked if there was an expected disruption to the �, club opera , durin�� he kitchen expansion. \ � Mr. � rez stated that there would be a small portion of disruption �� th ° Id occur to the kitchen. They were anticipating completely � g down the kitchen from August through about October in ��' es to have a portion of the kitchen reopen, pending Health Department approval, so that they could serve and have the opportunity to utilize the terrace and the existing ballrooms. Commissioner Campbell asked how many new jobs would be created with the expansion of Desert Willow. Mr. Alvarez deferred the question to Mr. Rich Mogensen, the General Manager of Desert Willow. 23 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6. 2010 Commissioner Campbell asked if this was competing with other hotels and restaurants and taking away business from them. The City is providing all of this for the consumer, yes, but then the City is actually working against others. Mr. Alvarez said he would have Mr. Mo ensen answer the first question and then he would come back, � rhaps Mr. Mogensen � could also elaborate on that. � MR. RICHARD MOGENSEN, G ger at Desert Willow, said that in terms of permanen� , that difficult question to answer. They certainly wo� �� able to ad erous seasonal jobs, obviously, because °p t of their busine appens within approximately six mon� �� ut of the entire calen ear, so he woufd envision at IeaS , If a d � additional 'tions that �,,. , probably they would have � � � seasonal portion of the year. The balance the year tli��," uce services because of the weather. �� _ � ,�. f ; To address the '" nd ' , Mr � .; rez explained that Desert Willov�c,�as a uniq ro c red to the resident. They d�� `� � e opp to br patrons that are visiting and ��. Dese' � illow not serve dinner per se, so they weren't ''�" mpeting ,`� the di market. There was a limited amount of � � ce tha�.� have f anquets and for larger groups, so they ` 't ��" � ,� � t� with other major hotels or other � �� , ��- cort rooms t��+��rtunities that are out there. °� � ` �.`�. Rega the �'`� ght iron and the glass, Chairperson Limont noted that \ the staf rt s" � 4. at more glass could become a high maintenance � product to clea= ��and is a more fragile material in general. She asked � ��'f this was a sue at all with this project. It looked like they primarily have �� ught ir � and then glass on the end and didn't look like an hel � amount. �� . Alvarez confirmed that is what they tried to achieve; a balance � using wrought iron so they could still preserve some views and it's a more durable product. They wanted to highlight the areas where the fire pit and fireplaces are with a clear glass. It would also be tempered glass so safety wasn't a major concern. And that was a manageable amount of maintenance that they could incur on those areas and still provide a kind of a highlight and a unique view into the mountains, into the Lake View Terrace, and the two greens in that vicinity. 24 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 2010 On the perforated canopies, painted metal to match existing, Commissioner Schmidt asked if anything was ever investigated a6out adding some solar capabilities to this addition. Mr. Alvarez indicated that the perforated metal is for the outdoor canopies. In terms of solar in the future, they are required and would provide conduits and opportunitie P- r future solar on the rooftop of the new addition. That wa��T` ething they wanted to plan for; however, it was not include��; direct solar installation ��.Y� . � as part of this project. �� , �� _,� ��.,. Commissioner Schmidt asked if th h-in was in �1�` y;, udget. �;;�� °�, Mr. Alvarez said yes. ��r� /� Chairperson Limont opened th _, f � aring and asked if anyone wished to speak m ��VOR of o PPOSITION to the proposed development. There vrr�� esponse he public hearing was closed. Chairperson Limont as� ��`��mmissio x ments. � � �. �� Action: ,�� ,a It was ommi p ' amp� �econded by Commissioner Tanne provi e fin �,; and recommendation as presented by staf�� ion carrie -0. �. f :;,� .,._ '�i�(4 v It was ed ` ' ' ne�"` ampbell, seconded by Commissioner er, � Planni mission Resolution No. 2528, approving �� la` �. 4, subject to conditions. Motion carried 5-0. � ,�� , � Commis r D commended staff for the outstanding job they ve ��j� done. She� ught�� sert Willow was a gem in our city and what they � roposed in"� ms of the remodeling could only enhance that and staff had �� e a wo� rful job and ought to be commended. The Commission , rre ,�� ,, IX. MISCELLANEOUS City Attorney Dave Erwin asked that two members of the Planning Commission be designated to act with the study group on the short-term rentals. He suggested one in favor and one opposed. Vice Chair Schmidt and Commissioner Tanner were appointed. 25 MINUTES PALM DESERT PLANNING COMMISSION APRIL 6 2010 X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported on the AIPP committee's recent activities. B. LANDSCAPE COMMITTEE � ��.` �,-�° ,� Chairperson Limont reviewed th�s mittee's recent project approvals and discussion items �� y�� r� C. PARKS & RECREATION � � �u.:�. Commissioner Tanner ,o� that the I st meeting w� :_: ostponed. �.. �R D. PROJECT AREA 4 COM �� Commissione �dt indica here was nothing current to report. XI. COMMENT �;" "�� {� >w:'� '��.. ' ..�,a . Ms A�l�t'� info that f : were no public hearing items scheduled for � '� �` 0, so th�, eeting Id be canceled. The next meeting would be 2010 �� :'� � � � ��'x�� XIL � OUR \ � � =f:: �� : �� It wa vec�� Commissioner DeLuna, seconded by Commissioner � Schmidt, , 'ourn`�y he meeting. Motion carried 5-0. The meeting was �� adjourned� :45 p:��": \ �� \ �� '� �� LAURI AYLAIAN, Secretary �,�� ATTEST: � M. CONNOR LIMONT, Chair Palm Desert Planning Commission 26