HomeMy WebLinkAboutRes No 2545PLANNING COMMISSION RESOLUTION NO. 2545
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A ZONING ORDINANCE AMENDMENT REQUIRING A
CONDITIONAL USE PERMIT FOR SHORT-TERM VACATION RENTALS
IN NON -GATED RESIDENTIAL NEIGHBORHOODS OR COMMUNITIES,
AND A MODIFICATION TO THE CONDITIONAL USE PERMIT CHAPTER
ESTABLISHING A MINOR CONDITIONAL USE PERMIT REVIEW.
CASE NO. ZOA 10-68
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15t day of February 2011, hold a duly noticed public hearing which was continued
from April 6, 2010 to consider the request by the CITY OF PALM DESERT for approval
of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 10-26, the Director of Community Development has determined that the
project is Class 5 Categorical Exemption under CEQA and no further environmental
review is necessary, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to behearrd, saidPlanning
aonitng
Commission did find the following facts and reasons to exist to justifyapproval
City Council of said request:
1. That the Zoning Ordinance Amendment is consistent with the Zoning
Ordinance requirements for Conditional Uses.
2. That the Zoning Ordinance Amendment will provide the regulations for
short-term rentals in non -gated communities, which will improve the public
welfare by regulating short-term rentals to be compatible with residential
neighborhoods.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of ZOA
10-68 and the standard conditions of approval for Short-term Rentals,
Exhibit A and B attached.
PLANNING COMMISSION RESOLUTION NO. 2545
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of February 2011, by the following vote, to
wit:
AYES: TANNER, CAMPBELL AND DASH
NOES: De LUNA, LIMONT
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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M. CONNOR LIMONT, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2545
EXHIBIT "A"
Section 1. 25.14.030 — Conditional uses.
K. Rental or leasing of a residential property, other than residential
properties located within gated communities, for periods of less
than 30 days.
Section 2. 25.15.22 — Conditional uses.
A. Rental or leasing of a residential property, other than residential
properties' located within gated communities, for periods of less
than 30 days.
Section 3. 25.16.030 — Conditional uses.
K. Rental or leasing of a residential property, other than residential
properties located within gated communities, for periods of less
than 30 days.
Section 4. 25.18.030 — Conditional uses.
M. Rental or leasing of a residential property, other than residential
properties located within gated communities, for periods of less
than 30 days.
Section 5. 25.20.030 — Conditional uses.
O. Rental or leasing of a residential property, other than residential
properties located within gated communities, for periods of less
than 30 days..
Section 6 25.22.030 — Conditional uses.
I. Rental or leasing of a residential property, other than residential
properties located within gated communities, for periods of less
than 30 days.
Section 7. 25.24.025 — Conditional uses.
I. Rental or leasing of a residential property, other than residential
properties located within gated communities, for periods of less
than 30 days.
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PLANNING COMMISSION RESOLUTION NO. 2545
Section 7. 25.72.020
H. The Director of Community Development may determine that a
certain request can be deemed a Minor Conditional Use Permit
resulting is lesser requirements and review time.
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PLANNING COMMISSION RESOLUTION NO. 2545
EXHIBIT "B"
SHORT-TERM RENTAL CONDITIONS
Minimum Number for Rent or Lease: The minimum number of days that a short-term
rental can be occupied for is three (3) days. Rentals or leases for fewer than three (3)
days shall be prohibited.
Maximum Number of Occupants: The maximum number of overnight guests for a
short-term vacation rental shall not exceed two (2) persons per bedroom. Additional
daytime guests are allowed between the hours of 8:00 am and 8 pm, with the maximum
daytime guests not to exceed one (1) additional person per bedroom.
Appearance, Visibilitv or Location: A short-term vacation rental shall not change the
residential character or the outside appearance of the residence, either by the use of
colors, materials, lighting, or any other advertising mechanism.
Signs: No signs, either on site or off site, shall be used to advertise the availability of
the rental unit to the public.
On -site Parking Required: All parking associated with a short-term vacation rental
shall be entirely on -site, in the garage, carport, driveway or otherwise out of the public
street.
Noise: Occupants of the short-term vacation rental shall comply with the standards and
regulations of the Palm Desert Municipal Code Section 9.24 Noise Control.
Contact Person: The owner, or his or her agent, shall be available 24 hours a day,
seven days per week, to respond to any tenant or neighborhood questions or concerns.
The following information shall be provided:
• Name, address and telephone number(s) of the contact person responsible for
the managing the short-term vacation rental. The name, address and telephone
number(s) shall be provided to the City of Palm Desert Community
Development/Planning Department and owners of property within 300 feet of the
rental property, and shall be permanently posted in the rental unit in a prominent
location. Any change in the contact person's address or telephone number shall
be provided promptly to the parties described above.
Renter Notification: The owner, or operator, shall provide each occupant of the short-
term vacation rental with the following information prior to occupancy of the unit and/or
shall post such information in a prominent location within the unit:
1. Owner or his or her agent contact with 24 hour availability.
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PLANNING COMMISSION RESOLUTION NO. 2545
2. The maximum number of overnight occupants and the maximum number of
daytime occupants as permitted by the CUP
3. Trash pick-up day and applicable rules and regulations pertaining to leaving or
storing trash on the exterior of the property.
4. A copy of the Palm Desert Municipal Code Section 9.24 Noise Control
5. Notification that the occupant or owner may be citied or fined by the City and/or
in accordance with Palm Desert Municipal Code Section 9.24 Noise Control.
Transient Occupancy Tax: The operator of the short-term vacation rental shall comply
with the regulations and standards set forth in the Palm Desert Municipal Code Section
3.28 Transient Occupancy Tax (9%), including making any required payment of
transient occupancy tax for each short-term vacation rental.
Violations: Violations of these conditions shall result in the Conditional Use Permit
being modified, discontinued, suspended or revoked by the Planning Commission.
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