HomeMy WebLinkAboutRes No 2572PLANNING COMMISSION RESOLUTION NO. 2572
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED
AT 74-111 WINDFLOWER COURT, APN: 694-211-031.
CASE NO. CUP 11-287
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of November, 2011, hold a duly noticed public hearing to consider the request
by Manfred Schmidt 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. 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 Single -Family Planned Residential
zone. The purpose of this zone is to provide flexible
development involving a mixture of residential densities and
housing types. 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.
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
PLANNING COMMISSION RESOLUTION NO. 2572
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 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.
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 "Low
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 -teen
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.
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PLANNING COMMISSION RESOLUTION NO. 2572
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 11-287 is hereby granted, subject
to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of November, 2011, by the following vote, to
wit:
AYES: CAMPBELL, DE LUNA, TANNER, DASH, LIMONT
NOES:
ABSENT:
ABSTAIN:
ATTEST:
- «
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
SONIA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2572
CONDITIONS OF APPROVAL
CASE NO. CUP 11-287
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 are prohibited.
2. The maximum number of overnight guests shall not exceed eight persons.
Additional daytime guests are allowed between the hours of 8:00 a.m. and 8:00
p.m., with the maximum daytime guests not to exceed four persons.
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
name, address and telephone number(s) of the contact person responsible for
the managing the short-term vacation rental shall be provided to the renter(s).
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 2572
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.
11. In the event that the property is sold to another owner, a professional
management company or approved equal, as determined by the Director of
Community Development, must be retained to provide a local 24-hour contact.
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