HomeMy WebLinkAboutRes No 2568PLANNING COMMISSION RESOLUTION NO. 2568
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 73699 EL PASEO, UNIT #1.
CASE NO. CUP 11-348
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of October, 2011, hold a duly noticed public hearing to consider the request by
Richard Kutcher 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:
Findings for Approval:
1. That 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 Multiple -Family Residential zone. The
purpose of this zone is to provide suitably located areas for
residents to live in a variety of housing types at high population
densities.
The proposed short-term 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 residences.
PLANNING COMMISSION RESOLUTION NO. 2568
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
comply with all local City codes and ordinances. Off -Street parking is
adequate for the proposed use under covered parking in the
driveway.
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
multiple -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 should 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.
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PLANNING COMMISSION RESOLUTION NO. 2568
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 multiple family zones serves the same purpose as a
dwelling unit use. The use is compatible with surrounding multiple
family residential land uses and must remain in compliance with all
conditions.
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 11-348 is hereby granted, subject
to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of October, 2011, by the following vote, to
wit:
AYES: CAMPBELL, LIMONT, TANNER, DASH AND De LUNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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SONIA CAMPBELL, Chairpe son
PLANNING COMMISSION RESOLUTION NO. 2568
CONDITIONS OF APPROVAL
CASE NO. CUP 11-348
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. 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.
2. No more than four guests at one time for a short-term vacation rental.
3. Outside music is prohibited at all times.
4. There may be no use of the swimming pool after 10:00 p.m.
5. 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.
6. No signs, either on site or off site, shall be used to advertise the availability of the
rental unit to the public.
7. All parking associated with a short-term vacation rental shall be entirely on -site. Only
one car is allowed in the carport, and no parking on the driveway.
8. 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.
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.
11. 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
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PLANNING COMMISSION RESOLUTION NO. 2568
person's address or telephone number shall be provided promptly to the
parties described above.
12. 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.
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