HomeMy WebLinkAboutRes No 2560PLANNING COMMISSION RESOLUTION NO. 2560
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO OPERATE A SHORT-TERM VACATION
RENTAL LOCATED AT 45-675 MOUNTAIN VIEW AVENUE.
CASE NO. CUP 11-269
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of August, 2011, hold a duly noticed public hearing to consider the request by
Michael Reitz 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 in that the Director of Community Development has determined that
the project is a Class 3 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the, following facts and reasons to exist to justify approval of the
said request:
1. Thal: the proposed location of the conditional use is in accordance
with the objectives of the Zoning Ordinance and the purpose of the
district in which it is located.
The proposed location is in a Single Family Residential zone. The
purpose of this zone is to encourage the preservation of residential
single-family buildings on medium -size lots. The proposed short
terra rental is compatible with this use since families or groups of
people will use the rental in accord with the conditions of approval
based on the number of bedrooms in the home. The Conditions of
Approval limit the use of the home such that the number of guests
and vehicles and the types of activities conducted therein should be
consistent with the number of occupants and vehicles and types of
activities found in similarly situated owner -occupied primary
residences.
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental
to the public health, safety or welfare, or be materially injurious to
properties or improvements in the vicinity.
The proposed short term rental will meet all applicable requirements
of the Zoning Ordinance and will not be detrimental to general public
health, safety, and welfare or materially injurious to the properties in
the vicinity. Applicant and patrons of the short term rental must
PLANNING COMMISSION RESOLUTION NO. 2560
comply with all local City codes and ordinances. Off -Street parking is
adequate for the proposed use within garage and driveway space.
3. That the proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for approved
variances or adjustments.
The proposed use is consistent with the intent of the Zoning
Ordinance; the use operates the same as an owner -occupied single
family dwelling on a residential lot. No new improvements are
necessary or proposed. This use will provide a service to the visitors
to the community in a location that will not cause disturbances to
adjacent homeowners. No variances or adjustments are necessary
for the proposed use.
4. That the proposed conditional use complies with the goals,
objectives and policies of the City's General Plan.
The general plan land use designation for the site is "Medium
Density Residential". A primary objective stated in the Community
Design Element of the General Plan under Goals, Policies and
Programs is Goal 1, which provides for a high quality life provided
within a livable, sustainable and balanced community consistent with
the City's status as a premier resort community. Policy 4a of the
General Plan Land Use Element permits and encourages land use
and development standards be incorporated into the Zoning
Ordinance to allow for the appropriate integration of residential uses
into mixed -use commercial land uses.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan in that it offers a type of
accommodation not found in hotels and motels, as is necessary for a
balanced resort community. The project is consistent with the
General Plan in respect to the appropriate use of a short term rental
in the proposed location. Although rentals or hoteUmotel space may
be considered a commercial use, the integration of visiting groups of
people or families into single family zones serves the same purpose
as a dwelling unit use. The use is compatible with surrounding single
family residential land uses and must remain in compliance with all
conditions.
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PLANNING COMMISSION RESOLUTION NO. 2560
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 approval of Conditional Use Permit 11-269 is hereby granted, subject
to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16t" day of August, 2011, by the following vote, to
wit:
AYES: CAMPBELL, LIMONT, DASH, DE LUNA AND TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIA , Secretary
Palm Desert Planning Commission
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SONIA CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2560
CONDITIONS OF APPROVAL
CASE NO. CUP 11-269
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The minimum number of days that a short-term rental can be occupied for is five
(5) days. Rentals or leases for fewer than five (5) days shall be prohibited.
2. 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 8:00 pm, with the maximum daytime guests
not to exceed one (1) additional person per bedroom.
3. 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.
4. No signs, either on site or off site, shall be used to advertise the availability of the
rental unit to the public.
5. 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.
6. 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.
7. 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:
a. 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.
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PLANNING COMMISSION RESOLUTION NO. 2560
8. 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:
a. Owner or his or her agent contact with 24 hour availability.
b. The maximum number of overnight occupants and the maximum number
of daytime occupants as permitted by the CUP
c. Trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash on the exterior of the property.
d. A copy of the Palm Desert Municipal Code Section 9.24 Noise Control
e. 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.
9. 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.
10. 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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