HomeMy WebLinkAboutRes No. 09-51 - Appeal Planning Cmsn Decision to Deny CUP 09-180 06-25-2009 CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration of an appeal of the Planning Commission's decision
denying a Conditional Use Permit (CUP), to operate a short-term rental
in an R-1 Single-family Zone, located at 77040 Utah Circle.
SUBMITTED BY: Tony Bagato
Principal Planner
CASE NO: CUP 09-180
APPLICANT: Lisa Theodoratus
74 Crestwood Drive
San Rafael, CA 94901
DATE: June 25, 2009
CONTENTS: Resolution
Legal Notice
Planning Commission Resolution of Denial, dated May 20, 2009
Planning Commission Staff Report, dated May 5, 2009
Planning Commission May 5, 2009, meeting minutes
Exhibits
Recommendation:
That the City Council waive further reading and adopt Resolution No. 09-51
approving Conditional Use Permit 09-180.
Executive Summary:
Approval of staff recommendation will overturn the decision of the Planning
Commission denying a Conditional Use Permit to operate short-term rentals at a
residence located at 77-040 Utah Circle. Short-term rentals in the R-1 Zone require a
Conditional Use Permit. The property is hidden at the end of a cul-de-sac and abuts
a golf course with tandscape to screen the rear yard. This unique setting provides
privacy to the adjacent residents and the homeowner.
Staff became aware of the short-term rental use due to a noise complaint filed with
the City's Code Enforcement Department in July of 2008. Since July, 2008, no other
noise complaints had been filed with the City's Code Compliance Department. Staff
Staff Report
CUP 09-180
Page 2 of 5
June 25, 2009
also contacted the Palm Desert Sheriff Station and was informed that no complaints
or calls for loud noise, parties or any other possible violations had been received
against this property since it has been used as a short-term rental.
Planning Commission Meeting:
On May 5, 2009, the application was presented to the Planning Commission for
review. Staff presented the project and stated that the applicant had been using this
property as a short-term rental.
After staff's presentation and discussion, Commissioner Campbell stated that she
believed that the applicant had a good history of renting the property and she made
a motion for approval. However, several of the Commissioners stated they had
concerns about residential neighborhoods having rental properties and a second to
, the motion was not made. Commissioner Limont, seconded by Commissioner
DeLuna, voted to deny the request. The case was continued to May 19, 2009 to
allow staff to draft a resolution of denial. On May 19, 2009, the Planning Commission
approved the resolution of denial on a 4-1 vote, with Commissioner Campbell voting
no.
Discussion:
I. BACKGROUND:
A. Property Description:
The property is located on a cul-de-sac adjacent to the Palm Desert Country
Club golf course. The 2-bedroom, 1.75 baths home is approximately 1,300
square feet in area, and sits on a lot of approximately 8,500 square feet. The
home has a small pool and spa in the rear. A one-car carport with an off-
street parking driveway is located in the front yard. The rear yard is screened
with lush landscaping. The property is well maintained and the home was
built in 1962.
The property is zoned R-1 Single-family and as a Conditional Use Permit, a
homeowner may rent out the property for 30 days or less. The City's Code
Enforcement Department received a noise complaint in July, 2008. Since that
time, the City has not received any complaints about noise or loud parties.
B. Zoning and General Plan Designation:
Zone: R-1 9000 Single Family Residential
General Plan: R-L 0-4 du/ac Low Density Residential
G:�Planning\Tony Bagato\CUP 09-190 Utah CircleUune 25 CC�6-25-09 City Council Staff Rpt.doc
Staff Report
CUP 09-180
Page 3 of 5
June 25, 2009
C. Adjacent Zoning and Land Use:
North: Open Space (OS) /Golf Course
South: R-1 9000 Single-Family/ Homes
East: Open Space (OS)/ Golf Course
West: R-1 9000 Single-Family/ Homes
II. PROJECT DESCRIPTION:
For the past two years the applicant has both lived in and rented out the subject
property. The house accommodates four persons.
The typical renter for this location is one couple, often retired, and most often from
the Pacific Northwest or Canada. The current economy has principally attracted
renters seeking rental periods usually of one week. The applicant has found it
difficult to secure renters for longer periods. In the past, rentals at the subject
property vary between an entire month and the typical short-term of one week. The
Conditional Use Permit request does not apply to rentals over 30-days.
The applicant has submitted a Letter of Intent (copy enclosed). In order to ensure
that neighbors are not affected by renters, the applicant provides a rental contract
which in part contains the following clauses:
a) No parties or functions allowed within the rental property.
b) Complaints of noise or disturbances by neighbors or police are grounds for
eviction.
The applicant allows no more than four people and two cars on the property at any
one rental period. According to the site plan (copy enclosed), the house is oriented in
such a way to be set back from neighboring properties behind the carport, which
minimizes the visibility of activities from the home, whether short or long term.
I11. ANALYSIS:
On September 14, 2000, the City Council passed Ordinance No. 966, approving a
Zoning Ordinance amendment requiring a Conditional Use Permit for short-term
rental of a single-family home in the R-1 zone. Short-term rentals are defined as 30
days or less.
A. Purpose of Conditional Use Permit
The goal of this conditional use process is to ensure that short-term rentals in
G:�Planning\Tony Bagato\CUP 09-190 Utah CircleUuue 35 CC�6-25-09 City Council Staff Rpt.doc
Staff Report
CUP 09-180
Page 4 of 5
June 25, 2009
a single-family zone function, operate, and impact the neighborhood no
differently than would typical residents while living in a long-term rental or
home-ownership state. Therefore, in order for the Conditional Use Permit
(CUP) to be approved, the property use must meet findings that would agree
with the functional expectations of home-ownership. Approval of the CUP
would also comply with the Planning Commission's conditions establishing
short-term rentals as incapable of generating potential nuisances for adjacent
properties.
B. Findings for approval of Conditional Use Permit
Municipal Code Section 25.72.070 requires that the following findings be
made before granting a conditional use permit:
a. That the proposed location of the Conditional Use Permit is in accord
with the objectives of this title and the purpose of the district in which the
site is located;
• The property is zoned R-1. The manner in which the proposed use
would operate would be compatible with the surrounding residential
neighborhood as the expected tenancy and traffic generation is no
more than that of a long term rental. Therefore, the use as a short-
term rental is in accord with the objectives of this title and the
purpose of the residential site.
b. That the proposed location of the Conditional Use Permit and conditions
under which it would 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 use will be conditioned to assure that it will not be detrimental
to the public health, safety or welfare to the properties in the vicinity.
c. That the proposed conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adjustments;
• The proposed use complies with all the provisions of the R-1 zone.
There are no variances, adjustments or exceptions in the
conditional use permit request.
d. That the proposed conditional use complies with the goals, objectives,
and policies of the City's General Plan.
O:�Planning\Tony Bagato\CUP 09-190 Utah CircleVune 25 CC�6-25-09 City Council Staff Rpt.doc
Staff Report
CUP 09-180
Page 5 of 5
June 25, 2009
• The proposed use is residential in nature and complies with the
goals, objectives and policies of the City's General Plan. In
particular, Goal 3, Policies 1 and 2 of the Land Use Element state
that the City shall provide a mix of housing product that responds to
the demands and opportunities associated with a residential resort
community, and that land use planning shall preserve neighborhood
character. As conditioned, the proposed use will provide a resort
home that functions as a single family home, rather than as a
second home which sits vacant most of the year. The rental use by
visitors to the area will be associated with increases in shopping,
dining, and golfing, all of which a consistent with a residential resort
community.
The short-term rentals at this property have been operated in a manner that is
compatible with the R-1 zone. According to the Palm Desert Sheriff Department,
from April 2007 to April 2009, no noise or loud party calls were made at the address
in question. The applicant has also submitted a letter from the neighbor at 77-020
Utah Circle (two-doors away), stating that there have been no incidents regarding
noise or parties, (copy enclosed).
IV. ENVIRONMENTAL REVIEW:
The application is a Class 3 categorical exemption for purposes of CEQA and no
further documentation is necessary.
Submitted by: Department Head:
Tony Bagato Lauri Aylaian
Principal Planner Director of Community Development
Approva• CITY COUNCILAC"�iON
APPROVED v DFNiED
R CEIVED OT �
omer Croy MF.ETI G DATE
AC or D elop t Service AYF.S:
NOES:
ABSI:NT:
AI�STAIPi: n
John . Wohlmuth vcK�FiFn Bv:
City nager Origin�l on File with City Cle 's Office
By Minute lMotion, directed staff to prepare
a Reso�ution of Denial for presentation at the
._.._....._
next Cit�r Council Meeting. 3-0 (Ferguson,Kelly ABSENT;
G:�Planning\Tony Bagaro\CUP 09-190 Utxh CircleUune 25 CC�6-25-09 City Council Staff Rpt.doc Y
RESOLUTION NO. 09-5�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO OPERATE A SHORT-TERM RENTAL IN AN R-1
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 25th
day of June, 2009, hold a duly noticed public hearing to consider the appeal by Lisa
Theodoratus for the 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 AcY',
Resolution No. 02-60, in that the Director of Community Development has determined
that the project is a Class 3 Categorical Exemption for purposes of CEQA and no further
documentation is necessary; 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 City Council
did find the following facts and reasons to exist to justify approval of the conditional use
permit:
1. The property is zoned R-1 and in the manner in which the proposed use is
being operated will compatible with the surrounding residential
neighborhood. The use is in accord with the objectives of this title and the
purpose of the residential site.
2. The use will be conditioned to assure that it will not be detrimental to the
public health, safety or welfare to the properties in the vicinity.
3. The proposed use complies with all the provisions of the R-1 zone.
4. The proposed use in residential in nature and complies with the goals,
objectives and policies of the City's General Plan.
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 City Council in this case.
2. That approval of Conditional Use Permit 09-180 is hereby granted, subject
to conditions attached.
RESOLUTION NO. 09- 5i
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 26th day of June, 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
RESOLUTION NO. 09-�_
CONDITiONS OF APPROVAL
CASE NO. CUP 09-180
Department of Communitv Development:
1. The development of the property shall conform substantially with exhibits on file to
the Department of Community Development, as modified by the following
conditions.
2. The use of the property as described in the permit shall commence within one year
from the date of final approval unless an extension of time is granted; otherwise,
said approval shall become null, void and of no effect whatsoever.
3. The operation of the use described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. That the owner shall impose on tenants of the property appropriate conditions that
any home owner is subject to assuring peace and privacy of the neighborhood.
The applicant shall post in the premises rules of the house as follows:
A. Music and noise shall be kept to a minimum before 9:00 a.m. and after
10:00 p.m.
B. Tenants of the premises shall not have overnight guests who are not listed
on the rental agreement.
C. No parties or functions allowed within the rental property.
D. Complaints of noise or disturbances by neighbors or police are grounds
for eviction.
5. The rental agreement with each tenant shall limit occupancy to a maximum of 4
persons having a maximum of 2 automobiles.
6. That the rental agents' phone number shall be on file at all times so that staff may
distribute it to interested neighbors.
7. Failure to operate in this use in a manner that is compatible to the R-1 zone shall
result in a rehearing of the matter before the Planning Commission and possible
revocation or modification of this permit.
3
CITY OF P �IL �I DESERT
73-510 FRED WARtNG DRIVE
PALM DESERT,CAL[FORNIA 92260-257$
TEL:']GO ;q6—o6n
F�vc:76o 34i-7o98
in(o@palm-descrt.org
._._...__--------...__—...—_ ----------------------..
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.CUP 09-190
NOTICE IS HEREBY GIVEN that a pub�ic hearing will be held before the Palm Desert City
Council to consider an appeal of a Planning Commission Resolution denying approval of a
Conditional Use Permit for the leasing of a single-family dwelling for periods of less than 30
days, (Short-term Rental), located at 77-040 Utah Circle.
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SAID public hearing will be held on June 25, 2009, at 4:00 p.m. in the Council Chamber at the
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time
and place all interested persons are invited to attend and be heard. Written comments
concerning all items covered by this public hearing notice shall be accepted up to the date of
the hearing. Information concerning the proposed project is available for review in the
Department of Community Development at the above address between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may
be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at, or prior
to,the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk
June 15, 2009 Palm Desert City Council
760 7?66417 Palm Desert-Plannig 09:14:05 a m. 05-22-2009 � /�
CITY OF PALM DESERT, CALIFORNIA
1
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Reason for Appeal(aftach additional sheets if necessary):
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(Signature of Appe
FOR OFFICIAI.USE ONLY � v �
Date Appeal Filed: �f a-�( �Qq� Fee Received: �
Treasurer's Receipt Na _�' � ` � Received by: �
Date of Consideration by City Council or City Official:
Actlon Taken:
Date:
Rachelle D. Klassen, City Clerk
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Lisa Theodoratus `�`�� � � �� � :����i��
F'«1.� � U�SEHT, C�
74 Crestwood Drive
San Rafael, CA 94901 2009 MAY 29 PM I� 4 '.
415 457-7880 /cell 415 720-5043
May 28, 2009
Reason for appeal attached to application to appeal (CUP 09-180)
I am appealing this decision because I feel that the planning commission vote was not
based on sufficient information on this matter.
There are already existing short term vacation rental homes in my neighborhood that
have valid CUP's as well as many others who do not have CUP's and are being allowed
to operate with a city room tax license without being required to obtain a CUP. There
are also numerous short term rentals in R1 zones in the City of Palm Desert that do not
have a license and are not paying room tax.
I reserve the right to add additional items to my appeal.
Sincerely,
v
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Lisa Theodoratus
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CITY OE P � nLi� DESERT
73-5�O FRED WARING DRIVE
PALM �ESERT, CALIFORNIA 92260-257$
TEL: �60 346—o6it
Fnx: 760 34�-7098
info�palm-deseri,org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: May 20, 2009
Lisa Theodoratus
74 Crestwood Drive
San Rafael, California 94901
Re: CUP 09-180
77-040 Utah Circie
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of May 19, 2009:
THE PLANNING COMMISSION DENIED CASE NO. CUP 09-180 BY
ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2500.
MOTION CARRIED 4-1 (COMMISSIONER CAMPBELL VOTED NO).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
a�---� � ��7
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Lauri Aylaian, Secretary
Palm Desert Planning Commission
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cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
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PLANNING COMMISSION RESOLUTION NO. 2500
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, 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 Planning Commission of the City of Palm Desert, California, did
on the 5T" day of May, 2009, hold a duly noticed public hearing, which was closed and
continued to May 19, 2009, to consider the request by Lisa Theodoratus for approval 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 of
the Ptanning 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 record included a letter from a neighbor objecting to the use.
The Commissioners 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. 8.3., 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 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.
PLANNING COMMIS�I� J RESOLUTION NO. 2500 �
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, Califomia, as foilows:
1• That the above recitat�Ons are true and correct and constih,�te the findings of
the Planning Commission 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 19�' day of May, 2009, by the following vote, to wit:
AYES: DELUNA, LIMONT, SCHMIDT, TANNER
NOES: CAMPBELL ,,�
ABSENT: NONE
ABSTAIN: NONE
�- � J �ws..�---
VAN G. TANNER, Chairperson
ATTEST:
_--
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
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C
ITY Of Pt� l �l DE
SERT
73-5�O FRED WARING DRIVE
`'" PALM DESERT, CALIFORNIA 92260-257$
TEL: 76o 346—o6ii
F�c: 760 34i-7o98
info@palm-dcsert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: May 6, 2009
Lisa Theodoratus
74 Cresfinrood Drive
San Rafael, California 94901
Re: CUP 09-180
77-040 Utah Circle
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of May 5, 2009:
THE PLANNING COMMISSION, WITH THE PUBLIC HEARING CLOSED,
CONTINUED TO THE MATTER TO MAY 19, 2009, AND DIRECTED STAFF
TO PREPARE A RESOLUTION OF DENIAL. THE MOTION CARRIED 4-1
(COMMISSIONER CAMPBELL VOTED NO).
Please call if you have any questions regarding this action.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
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cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
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+ MINUTES
ALM DESERT PLANNIN , �n�u�u�SSION
MAY � �nnc
Action:
It was moved by Commissioner DeLuna, seconded by Commissioner
Campbell, approving the April 21, 2009 meeting minutes. Motion carried 4-
0-1 (Commissioner Limont abstained).
b�l• CONSENT CALENDAR
A. Case No. PMW 09-65 — JAMES GAGAN AND BIGHORN
DEVELOPMENT, LLC, Applicanta
Request for approval of Parcel Map Waiver 09-65 to allow a
lot line adjustment transferring a portion of Lot G, Tract
27520-4, to 112 Suuwat.
Action:
It was moved by Commissioner Limont, seconded by Commissioner
Campbell, approving the Consent Calendar by minute motion. Motion
carried 5-0.
VIII• PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to
raising only those issues he, she or someone else raised at the public
hearing described herein, or in written correspondence delivered to the
Planning Commission at, or prior to, the public hearing.
� A. Case No. CUP 09-180— LISA THEODORATUS, A licant
PP
Request for approval of a conditional use permit to allow the
rental of a single-family residence in an R-1 zone, for periods
of less than 30 days, located at 77-040 Utah Circle.
Ms. Renee Schrader reviewed the staff report and recommended approval
of the conditional use permit, subject to the conditions.
Commissioner Campbell noted that the shortest period of rental time
would be for one week, so the applicant was requesting one week at a
time, or two weeks. Ms. Schrader said that was right. In the conditions,
staff also included that this would be two-week rentals within a one-year
period, which meant that either longer rentals are encouraged, or they go
2
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PALM DESERT PLANNING COMMI�SION MAY S �nnct
without tenants for a while. That was up to the Commission if they were
agreeable to the condition or wanted to change it.
Commissioner Schmidt asked how many of these exist in the city
presently. Ms. Aylaian indicated that there are approximately 40
residential properties that are paying bed tax in the city at this point.
Commissioner Schmidt asked if this property was subject to that provision,
if approved. Ms. Aylaian replied yes, and explained that it is allowed with a
conditional use permit (CUP). Short-term rentals are allowed in the R-1
zone in which this property is located.
Chairperson Tanner asked if there were any short-term rentat properties in
the Palm Desert Country Club area. Ms. Aylaian explained that staff
began looking into this a little bit more because Ms. Theodoratus brought
to staff's attention that there are other properties that are paying bed tax,
but do not have conditional use permits. They started looking into that
issue to see how big an issue that might be, and identified that there are a
couple of properties in the Palm Desert Country Club area. It looked as if
there are seven or eight in the city that have not gone through the CUP
process at this point, but are paying bed tax.
Based on the answer of 40 properties that do have CUPs, Commissioner
Limont noted that a letter with the staff report said that there are already
quite a few homes in this neighborhood operating short-term rentals. She
asked if they had any idea of the percentage. Ms. Schrader said that was
a comment by the applicant, and she didn't know that they had really had
an opportunity to look into how many are really operating without the city's
knowledge or a CUP. Ms. Aylaian further explained that typically what
happened was that staff responds if there is a complaint or call about a
specific location, and if there is a report that someone is operating a short-
term rental property without having the proper license, they send Code out
to investigate and then pursue from that standpoint. They didn't arbitrarily
canvass neighborhoods looking for short-term rentals that may or may not
be operating, so when it is brought to the City's attention, staff responds
and investigates.
Chairperson Tanner o ened the public hearing and asked the applicant to
address the Commission.
MS. LISA THEODORATUS, 74 Crestwood Drive in San Rafael,
California, stated that Ms. Schrader explained the request. She got
kind of caught in a catch-22 with this with a single mention that she
was planning on doing short-term rentals. She stated that she
screens people very well and endeavors to make sure she has one
3
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ALM DE�ERT PLeNN�NG COMMISSION MAY S �nnc
couple. She generally doesn't rent to more than one couple at a
time. They are most often retired people and very quiet, so she
really didn't think there wouid be any negative probiems for anyone
in the neighborhood. She noted that there was aiso a letter inctuded
in her application from one of her neighbors who lives on the cul-
de-sac, Suzanne Tracy, who had mentioned that Ms. Theodoratus
had been very conscientious about choosing people to stay in her
house, and she planned to continue to do that. Her reason for trying
to do the short-term rentals is that in our economy right now, most
people are unable to afford a full monthly rental, and this year
especially it has become a very big problem. Also, her income has
gone down and this has become an issue of just trying to keep up
payments on the house and that was why she was requesting this.
She noted that Ms. Schrader had also mentioned the rental
contract, and she wouid most certainly make sure there were no
problems.
Commissioner Campbell asked about how many months out of the year
the home is rented.
Ms. Theodoratus answered that generaily in the past she has
rented just a few months out of the year, and it was usually
February, March and sometimes April. She would foresee that
those months would be rented in season and an occasional week
throughout the summer because not that many people really want
to be here in the heat.
Commissioner Campbell noted that she wanted to keep it rented as much
as possible, and understood that.
Ms. Theodoratus explained her goal was to rent a couple of months
during the winter so that she could kind of make it through the year.
Commissioner DeLuna recalled that Ms. Theodoratus mentioned her
mailing address is in San Rafael and asked if that meant that she did not
reside locally.
Ms. Theodoratus said that this was a secondary home for her and
her husband. They live in San Rafael, which is in the San Francisco
area.
Commissioner DeLuna said that in effect, Ms. Theodoratus was an
absentee landlord.
4
,
MINUTES ��� ��
PALM DESERT PLANNING COMMISSION MAY � �nnq
Ms. Theodoratus said she is, but she has a property manager who
does take care of the house while she isn't here, who also takes
care of the cleaning and maintenance. So everything was well
taken care of.
Commissioner DeLuna pointed out that Condition No. 4 under Department
of Community Development addresses some negative impacts that could
occur from a short-term tenant: music, noise, overnight guests, parties or
functions. If Ms. Theodoratus has someone in her home for a week and
some of these conditions occur, how would Ms. Theodoratus enforce the
rules?
Ms. Theodoratus said she would have her property manager go to
the residence and ask the people to vacate.
Commissioner DeLuna asked if she had any way of enforcing that.
Ms. Theodoratus didn't know the legality of doing that, and
indicated that it has never been an issue. She didn't rent to anyone
under 25 years of age and when she screens people who call
looking for a rental, she can generally pick up that people are
retired and they are pretty much going to be sitting in the yard and
playing some golf.
There were no other questions of the applicant. Chairperson Tanner
asked if anyone in the audience wished to speak in FAVOR of or in
OPPOSITION to the proposal. There was no one and the public hearing
was closed. He asked for Commission comments.
Commissioner Campbell thought the applicant had a good record with
what she has been doing in the past. There haven't been any complaints
or any police calls. She thought she was doing a very good job, and
understood what she was trying to do. It is a quiet location, not surrounded
by a lot of homes. She moved for approval.
Commissioner Limont noted that there was a letter from a neighbor that
isn't in agreement with this rental, and that made it difficult when it wasn't
unanimous. She agreed with Commissioner Campbell in that Ms.
Theodoratus was doing an excellent job and was coming forward with
some great suggestions on how to screen renters. Her concerns were that
she honestly believed that neighborhoods needed to be protected. People
buy into these neighborhoods and these are their primary residences, their
primary homes, and where they live. When they've had renters in the past,
as good or as not as good as they are, it changes the atmosphere and
5
.� MINUTES �`�� � t� �
PALM DESERT PLANNING COMMIS�ION MAY � �nnq
character of the neighborhood. It was just noticeable. Her concern is that
when Palm Desert put in R-1 zoning, it was so they would maintain the
character of our neighborhoods. Her concern is, and Ms. Theodoratus is
probably a terrific landlord, but she is a distant landlord. It was terrific that
she had a property company to manage it, but she had concerns about
having Palm Desert starting to morph into rental neighborhoods, even if
it's just one neighbor who says this is my primary residence. That was her
biggest concern.
Chairperson Tanner shared Commissioner Limont's thought process. He
recognized that these are tough economic times and understood that, but
at the same time this is a neighborhood that was developed for primary
dwellers. He knew that there were rental properties in there, and
understood that, but not short term. He didn't want to see Palm Desert
Country Club turn into a one-week, two-week rental property area. So he
was not in favor of this moving forward.
He noted that there was a motion on the floor and asked for a second.
There was no response; the motion died due to the lack of a second.
Action:
It was moved by Commissioner Limont, seconded by Commissioner
DeLuna, to deny Case No. CUP 09-180.
Ms. Aylaian noted that staff would need to prepare a resolution of denial
that would come before the Commission at the next meeting. After
discussing the matter further, keeping the public hearing closed,
Commissioner Limont amended her motion, and Commissioner DeLuna
amended her second, to continue the matter to May 19 and instructed
staff to prepare a resolution of denial. Motion carried 4-1 (Commissioner
Campbell voted no).
B. Case No. ZOA 09-104— CITY OF PALM DESERT, Applicant
Request for a recommendation of approval to the City
Council of a zoning ordinance amendment updating and
revising Palm Desert Municipal Code Section 25.68, Signs.
Mr. Bagato gave a power point presentation, reviewing the staff report in
detail. He recommended approval.
6
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. IG1NAl
D���,b�..�d� P�
PLANNING COMMISSION RESOLUTION NO. os/,9�0� ,,.�,�,.,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, 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 Planning Commission of the City of Palm Desert, California, did
on the 5 day of May, 2009, hold a duly noticed public hearing, which was closed and
continued to May 19, 2009, to consider the request by Lisa Theodoratus for approval 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 of
the 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 record included a letter from a neighbor objecting to the use.
The Commissioners 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 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 Ptan, which states that
the approval of projects should optimize the ability of proposed
development to complement adjoining planned and existing land uses.
�, �
PLANNING COMMISSION RESOLUTION NO.
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 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 19th day of May, 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
�� �_
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Approval of Conditional Use Permit to aflow the rental of a single
family residence in an R-1 Zone for periods of less than 30 days
located at 77040 Utah Circle.
SUBMITTED BY: Renee Schrader, Associate Planner
APPLICANT: Lisa Theodoratus
74 Crestwood Drive
San Rafael, CA 94901
CASE NO.: CUP 09-180
DATE: May 5, 2009
I. EXECUTIVE SUMMARY:
Approval of Conditional Use Permit would allow the applicant to rent a single family
residence, located in the Palm Desert Country Club, at 77040 Utah Circle, for
periods of less than 30 days.
II. BACKGROUND:
A. Property Description:
The property is located on a cul-de-sac adjacent to the Palm Desert Country
Club golf course. The 2-bedroom, 1.75 bath residence is approximately 1,300
square feet in area, and sits on a lot of approximately 8,500 square feet. The
home has a small pool and spa in the rear. A one-car carport with an off-
street parking pad is located in the front. The rear yard is screened with lush
landscaping. The property is welt maintained. The home was built in 1962.
B. Zoning and General Plan Designation:
Zone: R-1 9000 Single Famity Residential
General Plan: R-L 0-4 du/ac Low Density Residential
C. Adjacent Zoning and Land Use:
North: OS Open Space Golf Course
South: R-1 9000 Single-Family Residential Homes
East: OS Open Space Golf Course
West: R-1 9000 Single-Family Residential Homes
Staff Report � � �
Case No. CU�P 09-180
May 5, 2009
Page 2 of 5
III• PROJECT DESCRIPTION:
The two bedroom house is a second home for the applicant. The location is an ideal
setting for persons who wish to rent vacation accommodations in a resort setting.
The short term rental aspect of the property was brought to the city's attention in July
of 2008, through a Code Compliance complaint.
For the past two years the applicant has both lived in and rented out the subject
property. The house accommodates four persons.
The typical renter for this location is one couple, often retired, and most often from
the Pacific Northwest or Canada. The current economy has principally attracted
renters seeking rental periods usually of one week. The applicant has found it
difficult to secure renters for longer periods. In the past, rentals at the subject
property vary between an entire month and the typical short-term of one week. The
Conditional Use Permit request does not apply to rentals over 30-days.
The applicant has submitted a Letter of Intent (copy enclosed). In order to ensure
that neighbors are not affected by renters, the applicant provides a rental contract
which in part contains the following clauses:
e) No parties or functions allowed within the rental property.
k) Complaints of noise or disturbances by neighbors or police are grounds for
eviction.
The applicant allows no more than 4 people and 2 cars on the property at any one
rental period. According to the site plan (copy enclosed), the house is oriented in
such a way to be set back from neighboring properties behind the carport, which
minimizes the visibility of activities from the home, whether short or long term.
IV. ANA_;
On September 14, 2000, the City Council passed Ordinance No. 966, approving a
Zoning Ordinance amendment requiring a Conditional Use Permit for short-term
rental of a single-family home in the R-1 zone. Short-term rentals are defined as 30
days or less.
A. Purpose of Conditional Use Permit
The goal of this conditional use process is to ensure that short-term rentals in a
single-family zone function, operate, and impact the neighborhood no differently
than would typical residents while living in a long-term rental or home-
ownership state. Therefore, in order for the Conditional Use Permit (CUP) to be
approved, the property use must meet findings that would agree with the
functional expectations of home-ownership. Approval of the CUP woufd also
� �
Staff Report
Case No. CUP 09-180
May 5, 2009
Page 3 of 5
comply with the Planning Commission's conditions establishing short-term
rentals as incapable of generating potential nuisances for adjacent properties.
B. Findings for approval of Conditional Use Permit
Municipal Code Section 25.72.070 requires that the Planning Commission
make the following findings before granting a conditional use permit:
a. That the proposed location of the conditional use permit is in accord with the
objectives of this title and the purpose of the district in which the site is
located;
• The property is zoned R-1. The manner in which the proposed use would
operate would be compatible with the surrounding residential
neighborhood as the expected tenancy and traffic generation is no more
than that of a long term rental. Therefore, the use as a short-term rental
is in accord with the objectives of this title and the purpose of the
residential site.
b. That the proposed location of the conditional use permit and conditions
under which it would 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 use will be conditioned to assure that it will not be detrimental to the
public health, safety or welfare to the properties in the vicinity.
c. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments;
• The proposed use complies with all the provisions of the R-1 zone.
There are no variances, adjustments or exceptions in the conditional
use permit request.
d. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
• The proposed use is residential in nature and complies with the goals,
objectives and policies of the City's General Plan.
The short-term rentals at this property have been operated in a manner that is
compatible with the R-1 zone. According to the Palm Desert Sheriff Department,
from April 2007 to April 2009, there were no noise or loud party calls at the address
in question. The applicant has also submitted a letter from the neighbor at 77020
� � � ��
. Staff Report
Case No. CUP 09-180
May 5, 2009
Page 4 of 5
Utah Circle (two-doors away), stating that there have been no incidents regarding
noise or parties, (copy enclosed).
V. ENVIRONMENTAL REVIEW:
The application is a Class 3 categorical exemption for purposes of CEQA and no
further documentation is necessary.
VI. PUBLIC NOTICE:
The public hearing notice was published in the Desert Sun newspaper and mailed to
neighbors within a 300-foot radius on April 22, 2009. A letter was received in
opposition of the Conditional Use Permit, which is enclosed.
VII. CONCLUSION:
Short-term rentals in the R-1 Zone require a Conditional Use Permit. The property is
hidden at the end of a cul-de-sac and abuts a golf course with landscape to screen the
rear yard. This unique setting provides privacy to the adjacent residents and the
homeowner.
Staff reviewed the matter with Code Compliance staff who indicated there have been
no complaints about this applicant's operation, since July 9, 2008. Staff has also
reviewed the Police reports for the property during the last two years. There are no
police records of complaints received or police responses to this address.
VII. RECOMMENDATION:
That the Planning Commission adopt the findings and adopt Planning Commission
Resolution No. , approving CUP 09-180 subject to conditions attached.
Staff Report (
� Case No. CUP 09-180
May 5, 2009
Page 5 of 5
VIII. AITACHMENTS:
A. Draft Resolution
B. Vicinity Map
C. Letter from Applicant
D. Letter from neighbor at 77020 Utah Circle
E. Letter from neighbor at 43365 Tennessee Avenue
F. Site Plan
Submitted by: Department Head:
,----�
- �
�- r--���1,�_< �,_,:G';t.,t� ,,�e.�� �'�
_ ,
Renee Schr r Lauri Aylaian
Associate Planner Director of Community Development
Approval:
Homer Croy
ACM for Development Services
( ��
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING OF A
CONDITIONAL USE PERMIT ALLOWING SHORT-TERM RENTAL
OF A SINGLE FAMILY DWELLING LOCATED AT 77040 UTAH
CIRCLE.
CASE NO. CUP 09-180:
WHEREAS, theH Pianning Commission of the City of Palm Desert,
California, did on the 5 day of May, 2009, hold a duly noticed public hearing to
consider the request by Lisa Theodoratus for the 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 AcY', Resolution No. 02-60, in that the Director of Community Development
has determined that the project is a Class 3 Categorical Exemption for purposes of
CEQA and no further documentation is necessary; 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 conditional use permit:
1. The property is zoned R-1 and in the manner in which the proposed use is
being operated will compatible with the surrounding residential
neighborhood. The use is in accord with the objectives of this title and the
purpose of the residentiat site.
2. The use will be conditioned to assure that it will not be detrimental to the
public health, safety or welfare to the properties in the vicinity.
3. The proposed use complies with all the provisions of the R-1 zone.
4. The proposed use in residential in nature and complies with the goals,
objectives and policies of the City's General Plan.
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 Commission in this case.
2. That approval of Conditional Use Permit 09-180 is hereby granted, subject
to conditions attached.
C � �,_
' PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 5�' day of May, 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
l
��
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 09-180
Department of Communitv Development:
1. The development of the property shall conform substantially with exhibits on file to
the Department of Community Development, as modified by the following
conditions.
2. The use of the property as described in the permit shall commence within one year
from the date of final approval unless an extension of time is granted; otherwise,
said approval shall become nulf, void and of no effect whatsoever.
3. The operation of the use described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. That the owner shall impose on tenants of the property appropriate conditions that
any home owner is subject to assuring peace and privacy of the neighborhood.
The applicant shall post in the premises rules of the house as follows:
A. Music and noise shall be kept to a minimum before 9:00 a.m. and after 10:00
p.m.
B. Tenants of the premises shall not have overnight guests who are not listed on
the rental agreement.
C. No parties or functions allowed within the rental property.
D. Complaints of noise or disturbances by neighbors or police are grounds for
eviction.
5. The rental agreement with each tenant shall limit occupancy to a maximum of 4
persons having a maximum of 2 automobiles.
6. That the rental agents' phone number shall be on file at all times so that staff may
distribute it to interested neighbors.
7. Failure to operate in this use in a manner that is compatible to the R-1 zone shall
result in a rehearing of the matter before the Planning Commission and possible
revocation or modification of this permit.
3
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73-5�o F��WnxiNc DRtve
PALM DESERT,CALIFORNIA 922G0-2578
Teta 760 ;46-06��
Fnx:760 ;qi-7oq8
info@palm-deurc.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.CUP 08-190
NOTICE IS HEREBY GIVEN that a public hearing wili be held before the Palm Desert Planning
Commission to consider a request by Lisa Theodoratus to approve a Conditional Use Permit
for the leasing of a single-family dwelling for periods of less than thirty days, (Short-term
Rental), located at 77-040 Utah Circle.
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SAID public hearing will be held on May 5, 2009, at 6:00 p.m. in the Council Chamber at the
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time
and place all interested persons are invited to attend and be heard. Written comments
concerning all items covered by this public hearing notice shall be accepted up to the date of
the hearing. Information concerning the proposed project and/or negative declaration is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m, and 5:00 p.m. Monday through Friday. If you challenge the
proposed actions in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to
the Planning Commission at,or prior to, the public hearing.
PUBLISH: Desert Sun LAURI AYLAIAN, Secretary
April 22, 2009 Palm Desert Planning Commission
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Lisa Theodoratus
74 Crestwood Drive
San Rafael, CA 94901
415 457-7880 office/415 720-5043 cell
April 16, 2009
Renee Schrader
City of Palm Desert
Planning Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: 77040 Utah Circle, CUP application
I am requesting a conditional use permit for my home located at 77040 Utah Circle,
Palm Desert. The CUP is for short term rentals in a R1 zone.
The 1,300 square foot house is located in Palm Desert Country Club on an 8,500
square foot lot adjacent to the golf course. There are already quite a few homes in this
neighborhood operating as short term vacation rentals.
The house has finro bedrooms and two bathrooms and is accommodated to sleep four
persons. We have a one car carport as well as an additional off street parking pad.
The typical renter for this location is one couple, often retired, and most often from the
Pacific Northwest or Canada. In the current economic downturn renters are looking for
shorter rental periods usually of one week making it very difficult to find renters willing to
pay for monthly rentals.
In order to ensure that neighbors are not affected by renters my rental contract in part
contains the following wording —
e) No parties or functions al�owed within the rental property
k) Complaints of noise or disturbances by neighbors or police are grounds for eviction
I would also like to point out that at the time the original complaint of"house being
rented as vacation rental, loud parties and such" was made to code compliance on July
9, 2008 by a "reporting party", I had been the only person at the house for over two
months with the exception of workers who installed insulation in my attic on July gtn.
I am also enclosing a letter written by my neighbor Suzanne Tracy who lives at 77-020
Utah Circle which is two doors away. Suzanne has told me she has never heard noise
coming from my house or witnessed a party there of any kind.
Sincerely,
Lisa Theodoratus
' f \. .. �--
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January 18, 2009
To Whom It May Concern:
Dear Sirs,
I have been a resident of Utah Circle in Palm Desert, California '
, since 1970_
My neighbor, Lisa Theodoratus, asked me to write this letter in re
seasonal renters who have stayed at her home on Utah Circle. ference to the
I have been very pleased with the renters who have stayed here o
i wish afl the homes with occasionai occupants or renters wo n Utah Circle.
renters as thoroughly as Lisa does. uld check the
There has not been one incident of wild parties or loud noisy eo I '
house. P p e in her
As a matter of fact, many months ago, I asked one of the nei hbors
very close to Lisa's house if they were disturbed by the seasonal renters
they complimented Lisa on her thorough selectio 9 Who lives
stated they had never been disturbed by any rente��rthisers and they further
house.
I am not opposed to Lisa continuing to rent in this way since she is
conscientious of the other neighbors and their needs. so
Very Sincerely,
1;f �� � .
�
Suzanne Tracy
77-020 Utah Circle
Pafm Desert, California 92211
� ��`
. _ �`
REC�IVED
April 26, 2Q09
Ai'i� t y ��g
:011iiliUN1TY DBVBLppl1�N!'�gp�
Palm Desert Planning Commission C1TTp1►pAI,kD�
Legal Notice �
Case No. CUP09-19
In response to changing the legal rental time from one rnonth to
Less than thirty days,we find less than acceptable. I did not buy
My have home with the thought I would be raising a family in
A vacat;�n ;c;,ial community.
There is no positive effect on this ne(ghborhood with this change. .
� �
. ^
, �".���/�
everly Shafey�
43365 Tenn�see
Paim Desert,CA 92211