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HomeMy WebLinkAbout2011-08-16 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — August 16, 2011 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. II. ROLL CALL Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Kevin Swartz, Assistant Planner Tony Bagato, Principal Planner Tony Becker, Administrative Secretary 111. PLEDGE OF ALLEGIANCE Commissioner Campbell led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Bagato informed the Planning Commission that the City Council has not convened since the last meeting of the Planning Commission. They are `dark' until August 25, 2011. V. ORAL COMMUNICATIONS NONE MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2011 Vl. APPROVAL OF MINUTES Request for approval of the August 2, 2011, meeting minutes. Action: Commissioner Limont moved and Commissioner De Luna seconded the approval of the August 2, 2011 meeting minutes. Motion carried 5-0. VII. CONSENT CALENDAR A. Case No. PMW 11-220, Lot-line adjustment, Harvey Gerber / JLS Properties/ McGee Surveying, Applicants. Action: Commissioner Tanner moved and Commissioner Limont seconded approval of Consent Calendar item(s). Motion carried 5-0. Vlll. PUBLIC HEARINGS Chair Campbell announced that anyone who 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 11-269, Short-term rental, Michael Reitz, Applicant. Consideration of a Conditional Use Permit to operate a short-term vacation rental located at 45-675 Mountain View Avenue. Kevin Swartz orally presented his staff report and on-screen presentation to the Commission. He discussed the location of the house and the neighborhood and showed photos and maps on screen. Mr. Swartz talked about the property itself: the house is 2,005 square-feet, three-bedroom with a two-car garage and sits on a 10,000-plus square-foot lot. Mr. Swartz mentioned the standard conditions for short-term rentals as enacted by the City Council requiring applicants to obtain a Conditional Use Permit. This applicant is seeking a CUP to operate a short-term rental that would be allowed six overnight guests and three additional day-time guests. The applicants supplied a copy of his rental agreement—it addressed trash, pets, smoking, noise and complaints. The applicant would prefer to ..r 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16 2011 offer monthly rentals but would like the option to rent short-term. The applicant stated that he would not rent for shorter than five (5) days and staff would like to propose that as one of the conditions of the CUP. Mr. Swartz stated that neither Code Enforcement nor Police have received any complaints against this property. Just before the meeting, staff received three more comments: two in favor of and one in opposition to this application, and those were placed before the Commissioners prior to the meeting. He indicated that staff recommends approval and would answer any questions of the Commissioners. Commissioner Limont began by asking if the applicant had or would have a local property manager since they live out of town. Mr. Swartz said that he would let the applicant address that question. Commissioner Limont asked if there were (per se) a party at 1 a.m., who would the neighbors call to report that. Mr. Swartz stated that after hours noise complaints are handled by the police. She mentioned that this is her number one issue and she doesn't believe that this is a proper use for police resources. She wants to hold the homeowner accountable for any police or code time spent on parties or issues. Mr. Bagato interjected that police time could be charged to the homeowner as well as individual court citations charged to any individual having the loud party; thus rendering two separate citations. wow Commissioner Limont just wanted continuity in the way these types of things are addressed, especially at 1 a.m., so the police don't have to be bothered all the time. She suggested maybe having the homeowner leave his number with the neighbors. Mr. Swartz stated that the owner has listed his number on the rental agreement. Mr. Bagato stated that as part of the application process, the applicant must have 24 hour contact information provided to the City. The City will not provide that (for privacy issues) but if there is a problem, anyone should call the police and then the City will contact the homeowner as needed. Mr. Swartz stated that discretionary approval allows the Commission to condition the application in a manner that restricts hours of operation, for example. Commissioner De Luna asked for clarification about the five day minimum rental and if that pertained only to this application or to all of the CUPs. Mr. Swartz stated that the conditions discussed tonight are specifically for this CUP at this specific address. 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16 2011 Chair Campbell declared the public hearing open and asked the applicant to step forward. Mr. Michael Doneff, co-owner of the property in question with Michael Reitz, stated that they prefer long-term rentals of one month or more and rarely rent shorter than that, and if they do, they usually rent to close friends. 'He stated that he understands the concerns that the Planning Commissioners brought forth today but wanted to state that they consider this house their home and don't want just 'anyone' in it. Mr. Doneff stated that they don't normally rent the house during events like Coachella or New Years and would prefer to rent to quiet couples and friends. He offered to answer any questions. Commissioner De Luna asked if anyone local would be available to represent them since they live in Los Angeles. Mr. Doneff stated that they do have a cleaning service they use and that service also offers property management. If the Commission adds as a condition, messrs. Doneff and Reitz would use them for property management as well, but they would prefer to manage the property themselves. Commissioner De Luna asked if Mr. Doneff was aware of the letter in opposition to the rental regarding bad behavior of a dog. Mr. Doneff stated that it isn't normally their policy to admit dogs. They themselves are dog lovers, but would prefer their renters not have dogs in the house. Mr. Doneff isn't aware of this incident and hasn't ever been told NNW about any similar incident. If a renter does have a dog, he makes sure that the renter is very aware of being respectful of the neighborhood. He believes that that was a one-time occurrence. Commissioner Dash asked Mr. Doneff what day is the scheduled trash day. Mr. Doneff said it was Monday. Commissioner Dash stated he drove by yesterday (Monday) and the cans were still out. Mr. Doneff noticed that the green one is used by the landscapers and that one was still out. He would research more about that. Commissioner Dash indicated that the trash can (not the green one) was still out and it was the only one on the block still out. Mr. Doneff said he would certainly ask about it. Mr. Doneff said that the trash day is specifically noted in the rental agreement. Commissioner De Luna asked a follow-up question about timing the departure of the guests and the trash pickup. She didn't want a situation where the guest would leave the trash for a few days and have a rotten mess on the curb waiting for pickup. Mr. Doneff stated that he would prefer to agree to a one-week rental in that case just to prevent anything like that happening. 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16 2011 Chair Campbell asked if the applicant had any complaints about the renters who are there presently. Mr. Doneff stated that no complaints had been lodged to date and also mentioned that he gave his phone number to some of his neighbors a long time ago, and stated that he feels he has a close relationship with some of the neighbors and they would certainly tell him if there were a problem. Commissioner De Luna noted that conceivably, there could be a total of nine people in the house, under the legal conditions. Mr. Doneff stated that he and his partner wouldn't even want to rent to that many people because this still is their house and that would make him uncomfortable. Commissioner De Luna asked where the guests would park. Mr. Doneff stated that there is a two-car garage and another two cars can park in the driveway. Chair Campbell asked for any testimony either in favor of or in opposition to this application. Seeing none, she declared the public hearing closed and asked for Commissioner comment. Action: Commissioner Limont moved and Commissioner De Luna seconded approval of CUP 11-269, allowing a short-term rental at 45-675 Mountain View Avenue, with a modification to condition #1 stating that no rental shall be shorter than five (5) days. Motion carried 5-0. Commissioner Limont moved and Commissioner De Luna seconded approval of Planning Commission Resolution No. 2560, permitting operation of a short-term rental at 45-675 Mountain View Avenue, with a modification to condition #1 stating that no rental shall be shorter than five (5) days. Motion carried 5-0. IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that there wasn't a meeting. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont indicated that the next meeting would be in September. am 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2011 C. PARKS & RECREATION Commissioner Tanner said that the Committee is `dark' until September. D. PROJECT AREA 4 COMMITTEE Commissioner Dash indicated that there wasn't a meeting. XI. COMMENTS Commissioner De Luna asked about recent events at the Aquatics Center and trespassing. Commissioner Tanner added that there is now heightened security and word is getting around that new locks and cameras have been installed and the problems are diminishing. Mr. Bagato commented that at the last Planning Commission meeting with the two CUPs for the mono-rocks in Stone Eagle, there was a discrepancy with noticing. He said that the previous notices didn't include houses within the prescribed 4000' range for the Hillside area and therefore, would have to be re-noticed. This would reappear as an agenda item in September. Commissioner Tanner asked if there would be a meeting September 6, 2011. Mr. Bagato stated that there would be, but was not sure if it would be in the Council Chambers, which is under construction. XII. ADJOURNMENT Commissioner Tanner motioned for adjournment of the meeting, Commissioner Limont seconded the motion and the meeting was adjourned at 6:23 p.m. LAURI AYLAIAN, Secretary ATTEST: ONIA CAMPBELL, Chair Palm Desert Planning Commission /tb ..r 6