HomeMy WebLinkAboutCC RES 09-57RESOLUTION NO. 09-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, REAFFIRMING THE PLANNING
COMMISSION'S DECISION DENYING A CONDITIONAL USE PERMIT
FOR SHORT TERM RENTAL FOR PERIODS OF LESS THAN 30 DAYS
IN A SINGLE-FAMILY ZONE LOCATED AT 77040 UTAH CIRCLE.
CASE NO. CUP 09-180
WHEREAS, the City Council of the City of Palm Desert, California, did on the 25tn
day of June, 2009, hold a duly noticed public hearing to consider the appeal by Lisa
Theodoratus of the above noted; 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 exists to justify denial of said
request:
1. The Conditional Use Permit does not meet the discretionary approval for
the City Council and Planning Commission in that short term rentals in a
single-family zone are not in accord with the objectives of this title and the
purpose of the district in which the site is located.
2. The public recorded included a letter from a neighbor objecting to the use.
The Planning Commission thought that short—term rentals conflict with the
interests of fulltime residents. This finding is reflected in the following Palm
Desert Municipal Code Sections:
25.02.020. B.3., to "Minimize conflicts between land uses created
by drastic variations in intensities of use, densities and access
requirements"; and
25.02.020. B.5, to "Maintain the character of Palm Desert and
create the best possible living environment for residents".
3. The Conditional Use Permit for the short-term rental of a single family
property would be detrimental and materially injurious to the vicinity in
which it is located. The City Council and Planning Commission found that
the said operation would not maintain the character of the neighborhood.
The City's long-term visions for the residential districts are expressed in
Goal 3, Policy 5 of the Land Use Element of the General Plan, which
states that the approval of projects should optimize the ability of proposed
development to complement adjoining planned and existing land uses.
RESOLUTION NO. 09-57
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1 That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Case No. CUP 09-180 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 9th day of July, 2009 by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, and FINERTY
NOES: NONE
ABSENT: SPIEGEL
ABSTAIN: NONE
ATTEST:
R7 'CHELLE D. KLASS N, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CINDY FINERY, MAYOR PRTEMPORE
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