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HomeMy WebLinkAbout2011-09-20 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — September 20, 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 Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Lauri Aylaian, Director of Community Development Tony Becker, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Campbell led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian indicated that at the September 8, 2011 City Council meeting, there were two items discussed that related to land use and planning commission decisions. The first was the second reading of the Development Agreement for the construction of the Rosewood Hotel on Highway 74. That item was continued to another meeting with direction to staff to introduce language relating to the term of the agreement and conditions of which the agreement could be transferred to another party. The other item discussed am MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 was an appeal of a Planning Commission denial of a short-term rental at 44- 600 San Jose. The City Council upheld the Planning Commission decision to ..r deny. V. ORAL COMMUNICATIONS NONE VI. APPROVAL OF MINUTES Request for approval of the September 6, 2011, meeting minutes. Commissioner Limont abstained from this vote since she was absent from the Planning Commission meeting of September 6, 2011. Action: Commissioner Tanner moved and Commissioner Dash seconded the approval of the September 6, 2011 meeting minutes. Motion carried 4-0-0-1 (Commissioner Limont ABSTAINING). VII. CONSENT CALENDAR A. Case No. PP 07-07, two-year extension of entitlements, Delio, Applicant. ..r Approval of two-year time extension of the entitlements granted for the 'Delio Building' to be located at 44-450 Monterey Avenue. The Planning Commission granted a previous two-year extension in November 2009. Commissioner Limont asked if this was part of the 'wholesale approval' that the State Assembly had recently granted. Ms. Aylaian stated that this was not part of that approval since this item was simply an extension of entitlements of a Precise Plan and not part of a map. Therefore, it needed to be a separate item for approval of the time extension. Action: Commissioner Tanner moved and Commissioner Limont seconded approval of Consent Calendar item(s). Commissioner Limont requested that any future time extension request have case history included in the report. Motion carried 5-0. w 2 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 011 Vill. 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 11-317, Short-term rental, A.B. Joseph, Applicant. Consideration of a conditional use permit to allow a short-term rental at 45-475 San Luis Rey Avenue. Principal Planner, Tony Bagato, presented the case and on-screen photos to the Commission. He talked about the location and the lot size in relation to the neighborhood. The area is zoned medium density and is surrounded by R-3 zoning. This application is for a minimum of three days rental. He showed a site plan and photos of the duplex property. At the time of the creation of this report, there were no reports of violations with Code Compliance or the Police Department. Staff recommended approval of the application and Mr. Bagato offered to answer questions. Commissioner De Luna asked to return to the on-screen page that listed .. the amenities and the number of guests. She noted that the lease stipulated that up to six guests could stay there and that requires three parking spaces (theoretically). Commissioner De Luna wanted to know where the third car would park, since there is no street-parking allowed overnight. Mr. Bagato indicated that no overnight street-parking is already listed in the conditions as a condition of approval. Commissioner Limont asked if this was considered a condominium or single-family detached residence, she wondered if there were CC&Rs that would take precedence over city codes. Mr. Bagato stated that he wasn't certain if this was a condominium or not, the applicant could speak to that. He did state that the CC&Rs would have bearing and that any violation of them would be a civil matter, and that city ordinances would have precedence over CC&Rs. Chair Campbell declared the Public Hearing open and asked the applicant to step forward. Ms. Alex Joseph, 73641 Juniper Street, came forward as the applicant and is the trustee of the property. She wanted to answer some of the questions raised tonight. She said that she is not aware of anyone renting 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 the property for less than 30 days. However, she did want to obtain the CUP in the case that someone did want to rent for two weeks (for example). She stated that just because the unit sleeps six, doesn't mean that three families would actually be there. She foresaw a scenario where there might be more members of a single family with a few kids that would take up the other bedrooms and therefore, the car situation would take care of itself. Commissioner Tanner asked about her role as the trustee. He wanted to know if she would be directly involved in the screening of the renters. She said that she would be, and her manager, Robert Cannon (present, indicated him next to her) would also be screening the applications. She also answered the previous question about CC&Rs and stated that, yes there are CC&Rs and they were being revised to allow rentals in the complex. Commissioner Tanner asked if she would be available 24 hours. Ms. Joseph stated that she lives two blocks away and if she is ever out of town, Mr. Cannon would be there in her stead. So someone would be available all times. Commissioner Limont wanted to know if the trust purchased this property as an investment. Ms. Joseph stated that was correct. Chair Campbell asked for testimony in favor of or in opposition to this application. Seeing none, she declared the public hearing closed and asked for commissioner comments. Commissioner De Luna stated that she felt that the staff and the applicant have done everything necessary to answer the concerns of the city and the neighborhood. She is happy that there will be someone available 24 hours in case a need arises. She mentioned that the last few CUPs approved had a five-day minimum and she requests that this application have that condition as well and moved for approval with that condition. Mr. Bagato came to the podium and stated that there would need to be specific findings with this case as to a need for five-day minimum rental. Ms. Aylaian stated that if there are specific reasons that this particular property needs to have this condition applied, then based on that finding, that condition could be added. Commissioner De Luna stated that she didn't intend to single out this property; she was just trying to tighten controls over the condition of rental. Since it wasn't proper procedure, she withdrew her condition on the motion. go 4 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 Action: Commissioner De Luna moved and Commissioner Limont seconded approval of CUP 11-317, subject to the attached conditions. Motion carried 5-0. Commissioner De Luna moved and Commissioner Limont seconded adoption of Planning Commission Resolution No. 2566, approving CUP 11-317, subject to the attached conditions. Motion carried 5-0. B. Case No. CUP 11-267, Short-term rental, Mary Unruh, Applicant. Consideration of a conditional use permit to allow a short-term rental at 72-651 Homestead Road. Assistant Planner Kevin Swartz orally presented his staff report and on- screen presentation. He showed photos and site plans of the property. The home has three bedrooms that would allow for up to six overnight guests and not more than an additional three daytime guests. There is a two-car garage that permits two cars to park and up to two more cars in the driveway. The applicant proposed a lease-agreement that was acceptable to staff. Just prior to the meeting staff learned that a neighbor � .� offered to be the local contact for the applicant, who lives in Canada. Code Enforcement has received two complaints against the property: one on May 24, 2011 and June 1, 2011. Both were noise related and illegal use as a short-term rental. Prior to those infractions, May 10, 2010, the police were called to the site for noise complaints. Additionally, staff received two letters in opposition to this application. The city code allows for additional daytime guests, but staff has placed the following added conditions on the property in light of the past violations: (1) no more than six overnight guests, (2) all outside music is prohibited, and (3) the pool is not to be used after 10 p.m. If the conditions of approval were not met or any of the other conditions violated, staff will bring back the CUP for revocation. Staff recommended approval and Mr. Swartz offered to answer questions. Commissioner Dash asked to what the complaints were related. Mr. Swartz said they were all noise related. Chair Campbell asked if anything specific was written about who the violators were, or if it was just a generic written violation. Mr. Swartz said that the police violation was generic, but the Code Enforcement citation stated that it was for operation 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20, 2011 of a short-term rental. For further specifics, the applicant is present to answer questions. Chair Campbell declared the public hearing open and asked the applicant to come forward. Rick and Mary Unruh stepped forward. He stated that the noise complaints were against him and his wife. They purchased the house as an investment and a place where they could eventually retire. He stated that their desire is NOT to have a long-term rental, but have it remain a short-term rental for tighter control over the property. Mr. Unruh stated that the first noise complaint was their having left a stereo on outside all day long—an occurrence that rarely happens—he said. The other noise violation was their son and his friends being noisy and Mr. Unruh said that the matter was quickly handled. He offered an apology, but stated that their terms of leasing have been tightened to prevent that in the future. Mr. Unruh stated that the short-term rental is just to cover extra expenses on the house. Their normal preferred rental is two-three weeks. He offered to answer any questions. Commissioner Tanner began with a suggestion to the applicants that they use a management company rather than a neighbor with a local phone number. He realized that wasn't in the conditions, but he also stated that having a management company goes a long way to mitigating problems that arise, more so than just having a neighbor look after the house. He wanted to know who would patrol the house in the event that the neighbor is gone. Mr. Unruh stated that he brought in Carol Stevens, a person who works for a management company to speak to the commission. Commissioner De Luna asked the applicant specifics about the noise violations mentioned before. She wanted to know if the applicants were aware of these infractions and if they followed up with the reports. There was some confusion between the applicants and Commissioner De Luna about the time frame of the noise violations. Mr. and Mrs. Unruh stated that the first infraction was the stereo and the second was the son being noisy. Ms. Aylaian interjected some clarification stating that if the police are called in to respond to a noise complaint, it is typical that Code Compliance will follow up in a day or so and create a 'case' on the same infraction and that may explain why there are more cases reported than are on file. Mr. Swartz said that there were a total of three violation reports from 2010 to 2011. Nei 6 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 Commissioner De Luna thanked staff for their diligent work. She just wanted to confirm with the applicant the nature and the number of the +r.. violations so that everyone was on the same page. Mr. Unruh stated that he, again, was only aware of the two reports. Commissioner Tanner asked staff about the nature of these conditions. Since the conditions only apply to the short-term rental and tenants, he wanted to be clear in knowing that these conditions don't apply to the Unruh's or any of their family members. If code compliance were to come out for a noise complaint, but the Unruh's themselves are the violators in this example, would the City be able to pull the CUP? Mr. Swartz said no the City would not be able to do that in that example. Mr. Unruh stated that his issue with renting over 30 days is getting a bad tenant and being stuck with them. Commissioner Dash asked who was going to screen the applications for rentals. Mr. Unruh said that he and his wife as well as the management company. Mr. Unruh stated that they would never consider renting during the major events in the valley (Coachella Fest). Chair Campbell stated that she noticed a `For Sale' sign in the yard. She wanted to know if they were going to sell their home. Mr. Unruh stated that they had looked at that in the past, but because prices are so low, they would take a huge financial loss. Commissioner De Luna said that she hears the applicant stating "this is my home", but that they are also trying to sell it. She would like an explanation about that conflicting message. Mr. Unruh said that selling it is one consideration they are looking at. He also profusely thanked Mr. Swartz for his assistance in this application process. Chair Campbell asked for testimony in favor of or in opposition to this application. Jim and Marilyn Swope, 72660 Desert View, stated that their opposition to the application is the noise in the neighborhoods. Mrs. Swope reiterated that the tenants don't seem to respect the neighborhood and the quiet. She stated that they have attempted not to raise too much of a fuss about it, but they have had to go down to the party houses to ask them to turn the noise down. She mentioned that the problem is when some of the tenants come back after partying elsewhere in the evening and returning home where the noise continues. She mentioned that they did call the police, but that they shouldn't have to be code enforcement for the neighborhood. Mrs. Swope mentioned that the last big party was 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 Memorial Day weekend and there were many more people there than six—she said that cars were everywhere. Mrs. Swope said that she called the number on the 'For Sale' sign in the yard and was told by a lady that they needed to call the Unruh's in Canada. Mr. Swope said that the police told them to keep calling the police rather than the owners and handle the situation in that manner. Ms. Carol Stevens is the realtor who sold the Unruh's their house. She said it is her phone number on the sign in the yard if people were to call it, they would talk with her. She stated that she offered to be the management company representative for them since their house wasn't selling. She stated that there have never been major parties at this location. She also claimed that she never received a phone call from the couple about noise. She also stated that the homeowner right in front of the Unruh's, named Ali Bernardi (sp?) is homebound due to an illness and has been for the past eight months and stated that the majority of the noise in the area is coming from behind the Unruh's house, not the Unruh's. Ms. Stevens said she doesn't live in the area, but is relaying the information that was given to her. She finally said that the Unruh's are the nicest people that she knows. Seeing no other testimony, Chair Campbell declared the public hearing 'closed' and asked for commissioner comments. �.r Commissioner Limont began her comments by stating that she was opposed to short-term rentals when the City Council asked for citizen input. She stated that the Council DID pass the ordinance and it was designed to protect the neighborhoods and the citizens who live in the desert full time. She said short-term rentals were never intended to split a neighborhood in any way, yet this property is doing just that. She understands that there are many people who are trying to recover some of the costs of owning a second home in the market today, but the first priority is to protect the people that live here full time and allow people to sleep and children to go to school without problems. She noted that this property seemed to have numerous violations, some by members of the family that owns the property. The city already has an ordinance on file that states that there is to be no noise after 10 p.m. and, she stated that this family can't seem to follow that rule on the books. Commissioner Limont stated that there are far too many complaints, even with a professional manager, for her to be able to vote in favor for this application. Commissioner De Luna agreed with Commissioners Limont and Tanner in that a management company would provide added insurance against 8 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 unruly tenants. She also opined that the city and neighborhoods are not charged with helping people make payments on a second home, the full- time residents take precedent. There have been not one, but three recorded infractions and she would therefore move for denial of the application. Commissioner Tanner commented that he has concerns for protecting the neighborhoods and lives in a gated community where there are CC&Rs where he knows who to call if there is ever a problem. The planning commission can't control who makes the noise and where they make it, in this case there is conflicting information as to where the noise originated, but the planning commission can control the conditions on which a rental is placed and those permissions can and would be revoked upon violation. With that he moved for approval of the application for CUP. Commissioner Limont seconded the motion to call for a vote. Commissioner De Luna stated that there was already a motion on the floor and that should be considered first. There was confusion as to which motion Commissioner Limont seconded. Commissioner Dash needed some clarification as to the location of the house and where it was in relation to the neighbors. Commissioner De Luna stated that they were back-to-back. Commissioner Dash thanked her and stated that he is for strict enforcement and would vote in favor of this application because that mean that the city had strict control over the rules and regulations and could revoke the CUP upon violation. He wanted to give the applicant a chance to correct whatever issue was in the past but with the realization that there would be no second chances. [More discussion of the order of the motions made] Chair Campbell stated that she was inclined to deny the application at first having read about the violations in the file. But after hearing the Unruh's and the neighbors plead their cases, and after hearing what conditions would be placed on the property, she said that she is in favor of this application as it would ensure that the city had tighter control over the situation. Ms. Aylaian stated that Commissioner De Luna moved for denial, then Commissioner Tanner moved for approval and she wanted to ask Commissioner Limont which motion she was seconding. Commissioner Limont said that she seconded the motion for approval to move to a vote; since that occurred, the motion for denial `failed' and the motion for approval passed to a vote. 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 Action: low Commissioner De Luna moved for denial. There was no second, motion failed. Commissioner Tanner moved and Commissioner Limont seconded approval of CUP 11-267, subject to conditions. Motion carried 3-2 (Commissioners Limont and De Luna voting NO). Commissioner Tanner moved and Commissioner Limont seconded adoption of Planning Commission Resolution No. 2567, approving CUP 11-267. Motion carried 3-2 (Commissioners Limont and De Luna voting NO). IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that the meeting would be held tomorrow, September 21, 2011. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont stated that the meeting would be held tomorrow, September 21, 2011. C. PARKS & RECREATION Commissioner Tanner said that there wasn't any meeting. D. PROJECT AREA 4 COMMITTEE Commissioner Dash indicated that a meeting was held. The Palm Desert Country Club was sold. The members are pleased with the purchasing group, but that name wasn't released. There was also discussion about the RDA issue. He stated that the Redevelopment Commission has filed suit against the state and that is being litigated. X1. COMMENTS Ms. Aylaian said that there would be a meeting in October. Commissioner De Luna stated that she asked Ms. Aylaian about penalties and tiers of penalties in the city. Commissioner De Luna stated that she didn't feel that ow 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 there are any 'teeth' in the ordinances where the fines are too lenient and in this particular case, the police were called numerous times and that is �... costly. She'd like to see more 'teeth' in the fines to prevent complacency on the part of homeowners and tenants when it comes to following the rules. Mr. Bagato stated that there are different fines for different complaints, depending on what is being violated. Mr. Bagato stated that it might be wise to have Senior Code Officer Pedro Rodriguez speak on the fine levies and the types of violation. Commissioner Tanner asked how many of the CUPs that the Planning Commission has approved have been on appeal. Ms. Aylaian stated that only two have come up before the City Council and they both were denied. Commissioner Tanner clarified that all that have been approved by the Planning Commission have not gone before the City Council. Mr. Bagato stated that was true. Ms. Aylaian stated that there are several different tools available to a code officer depending on the nature of the violation and its severity. There are administrative citations, some of which have fees and fines associated with them. Another avenue is to file a misdemeanor with the courts. The goal is to gain compliance. If the violator is diligently trying to work to .. correct the infraction then an administrative citation might be appropriate. In other cases where there is outright unconformity or belligerence to the violation then a misdemeanor would be more appropriate. The officers look at each case and discuss the best possible course of action. There are very few codes within the ordinance that allow for various fines. One exception is the 'multiple responses' clause where if the police and/or code are called out numerous times on the same violation, then this part of the code allows the City to recover costs for staff time and police time for the calls. Ms. Aylaian stated that in October, there will be an update to the City Council about how well or not the short-term rental process is working after six months of implementation. This would be a good opportunity to forward any concerns or comments to them about short-term rentals. Commissioner De Luna asked if tonight's CUP application (referencing CUP 11-267) was a 'zero-tolerance' action, meaning that one violation and it would be revoked. Ms. Aylaian stated that to revoke a CUP would require another hearing before the Planning Commission. She noted that Commissioner Dash made comments about 'zero-tolerance' but it wasn't part of the motion and therefore, wasn't part of the conditions. Staff can 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20 2011 discuss with the City Attorney if 'zero-tolerance' conditions could be part of the Conditions of Use. Commissioner Tanner interjected that this could also be included in the Council suggestions in October when the issue of short-term rentals is revisited. Ms. Aylaian stated that this could be put on the next agenda, if the commission requested staff to do so, under `Miscellaneous Items' to discuss some suggestions to give to the City Council. Commissioner De Luna asked why three days was made the minimum. Mr. Bagato stated that three days was the compromise reached. More than three days would be difficult to rent out for long weekends, like Labor Day and Thanksgiving. But they are also just the right length of time for someone coming from LA or San Diego that just wanted to get away for a weekend. X11. ADJOURNMENT Commissioner Tanner motioned and Commissioner Limont seconded the motion for adjournment and the meeting was adjourned at 7:12 p.m. LAURI AYLAIAN, Secre ary/ ATTEST: "NIA CAMPBELL, Chair Palm Desert Planning Commission /tb 12