HomeMy WebLinkAboutResolution 2011-83 Conditional Use Permit 11-244 Alan and Susan ParkerCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF AN APPEAL OF A PLANNING
COMMISSION DECISION DENYING A CONDITIONAL USE
PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED AT
44-600 SAN JOSE AVENUE, APN: 627-164-005
SUBMITTED BY: Missy Wightman, Assistant Planner
APPLICANT: Alan and Susan Parker
2315 14t" St. #11
Santa Monica, CA 90405
CASE NO.: CUP 11-244
DATE: September 8, 2011
CONTENTS: Applicant submitted plans (3 pages)
Applicant statement of use and associated lease contracts (5 pages)
Appeal (19 pages)
Planning Commission meeting minutes (6 pages)
Recommendation
Waive further reading and adopt the findings and Resolution No. 2011-83 ,
approving Conditional Use Permit 11-244, subject to conditions.
Executive Summa
Approval of the staff recommendation would grant the appellant a conditional use permit
to use the home at 44-600 San Jose Avenue as a short-term rental property. Rejection
of the staff recommendation would uphold the decision of the Planning Commission and
prohibit the home from being rented for periods less than 30 days.
Planning Commission Summary
Public Hearing notices were mailed to 42 property owners within 300 feet of the subject
parcel and placed in the Desert Sun; no letters or comments were received in favor of or
opposition to the proposed use prior to the public hearing at the July 19, 2011 Planning
Commission meeting. At the meeting, one neighbor spoke in opposition to the proposed
Staff Report
Case No. CUP 11-244
September 8, 2011
Page 2 of 5
use and the applicant was absent and therefore not able to respond to the complaint.
The July 19, 2011 meeting minutes are attached for a complete review, but the
opponents' main complaints were trash left at the curb until pick-up day, noise, and
additional cars in the neighborhood from guests. Police and Code Compliance report
there have been no official calls for service or complaints on this address during a two
year background search.
Background
A. Property Location:
The property is located on the northeast corner of San Jose Avenue and De
Anza Way.
B. Zoning and General Plan Designation:
Zone: Residential Single Family
General Plan: Medium Density Residential
C. Adjacent Zoning and Land Use:
North: R-1 / Residential Single Family
South: R-1 / Residential Single Family
East: R-1 / Residential Single Family
West: R-1 / Residential Single Family
Project Description
On March 24, 2011, the City Council voted to require Conditional Use Permits (CUPs) for
short-term vacation rentals (less than 30 day rental period) in all non -gated communities
and neighborhoods. Since May 14, 2011, all homeowners in non -gated communities
wishing to operate their property as a short-term vacation rental have been required to
apply for a CUP. These homeowners are charged a one-time fee of $500 for the
processing of their application. The proposed CUP application was then subject to a
noticed public hearing before the Palm Desert Planning Commission. This applicant went
through the formal process and their request was denied by the Planning Commission on
July 19, 2011. An appeal was filed by the applicant to be heard by the City Council.
Analysis
The proposed short-term rental is a two-story house consisting of 1,785 square feet on a
10,620 square foot lot. The home has four bedrooms, which will allow rental to a maximum
G:\Planning\Missy Wightman\CUP\44-600 San Jose Ave Short Term Rental\Appeal City Council Staff Report.doc
Staff Report
Case No. CUP 11-244
September 8, 2011
Page 3 of 5
of eight overnight guests and no more than four daytime guests. Off-street parking for four
vehicles is available within the garage and driveway.
The applicant has submitted a statement of use and proposed lease contract in
compliance with the amended ordinance. Additionally, all conditions of approval will
require compliance as long as this house is operated as a short-term rental.
New information was introduced during the public hearing in front of the Planning
Commission, in the form of complaints from a neighbor. The neighbor asserted that the
property may have been previously operated on a trial basis as a short-term rental, and
that the renters have been noisy, left trash at the curb all week, and parked more cars than
usual at the residence. In response to this complaint, the applicant has appealed the
Planning Commission decision and provided a very thorough amount of information that
staff believes corroborates the assertions of the neighbor may be attributable to other
residences in the neighborhood.
A. Land Use Compatibility:
The proposed short-term rental use is located in a Single Family
Residential Zone and is compatible with other single family dwelling uses
in the immediate surrounding area.
B. Findings for Approval:
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 Residential zone.
The purpose of this zone is to encourage the preservation of
residential single-family buildings on medium -size lots. 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
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Staff Report
Case No. CUP 11-244
September 8, 2011
Page 4 of 5
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 and Property Maintenance
Ordinances 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 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
G:\Planning\Missy Wightman\CUP\44-600 San Jose Ave Short Term RentaMppeal City Council Staff Report.doc
Staff Report
Case No. CUP 11-244
September 8, 2011
Page 5 of 5
rental in the proposed location. Although rentals or hotel/motel
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.
Environmental Review
The project is a Class 3 Categorical Exemption (conversion of the use of small existing
structures) for the purposes of CEQA and no further review is necessary.
Cnncliminn
Staff has determined that the proposed use would be compatible with adjacent
properties and recommends approval of the appeal of the Planning Commission's
denial of a Conditional Use Permit for a short term rental located 44-600 San Jose
Avenue.
Submitted by:
.1 e2
Missy Wightman, Assistant Planner
I
n 'M. Wohlmuth, City Manager
Department Head:
Lauri Aylaian, Director of Community
Development
CITY COUNCTLACTION
APPROVED DF1�IIED
RECEIVED OTHER
NOW ��ir'
Original on File with City terk's Office
G:\Planning\Missy Wightman\CUP\44-600 San Jose Ave Short Term Rental\Appeal City Council Staff Report.doc
RESOLUTION NO. 2011-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED AT
44-600 SAN JOSE AVE., APN: 627-164-005.
CASE NO. CUP 11-244
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8tn
day of September, 2011, hold a duly noticed public hearing to consider the request by the
Alan and Susan Parker 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 Residential zone.
The purpose of this zone is to encourage the preservation of
residential single-family buildings on medium -size lots. 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 and Property Maintenance
Ordinances and will not be detrimental to general public health,
safety, and welfare or materially injurious to the properties in the
RESOLUTION NO. 2011-83
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.
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 hotel/motel
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.
2
RESOLUTION NO. 2011-83
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 approval of Conditional Use Permit 11-244 is hereby granted, subject
to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8t" day of September, 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
SONIA CAMPBELL, Chairperson
3
RESOLUTION NO. 2011-83
CONDITIONS OF APPROVAL
CASE NO. CUP 11-244
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 am and 8:00
pm, with the maximum daytime guests not to exceed four persons.
3. The 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 the 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
2
RESOLUTION NO. 2011-83
c. Trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash on the exterior of the property. Trash shall not be
placed at the curb more than twelve hours prior to the pick-up and shall
not be left out for more than 12 hours after pick-up.
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 or
City Council.
5
CITY OF PALM DESERT, CALIFORNIA
APPLICATION TO APPEAL
DECISION OF THE I LANO1 NCT- &WIl3i6N
(Name of Determining Body)
EC IY E D
IiT 'Lf CLERK'S OFFICE
PALM DESERT, CA
2011 AUG 15 AN 11: 31
Case No. Date of Decision: -TUL-K l6(ii\, ((
Name of Appellant N �- 303-1)f\� pu*,C-L Phone 310 t9 3 AV
Address F",(aG0 S" sash
City, State, Zip &L.�5�'C-� �'ZZ��E-mailLPI@ �i�L CO�`I
Description of
Application or Matter Considered: UP -k-b vaL'k S I�++-eln, &2S±gL
Reason for Appeal (attach additional sheets if necessary):
S
G-�
(Signature of Appellant)
FOR OFFICIAL USE ONLY o0
Date Appeal Filed: S--- 15 — I ( Fee Received: O
Treasurer's Receipt No. -555 Received by:
Date of Consideration by City Councilor City Official:
Action Taken:
Date:
Rachelle D. Klassen, City Clerk
i
HAWPdata\WPD0CS\F0RMS1app1 to appeal jun 2011.wpd
Rev 6116/11
APPEAL
CITY OF PALM DESERT
Re: Case No. CUP 11-244 Alan and Susan Parker, Short Term Rental Applicants
Denial of a Conditional Use Permit to operate a short term rental at 44-600 San Jose
I would like to apologize to the Planning Commission for our non-appearance by
ourselves or a representative for my Management Company, McLean Company Rentals..
We have never done anything like this before, we thought that this was just a formality of
paperwork. Otherwise we would have definitely attended. I did not even mention this to
McLeans. That was my fault and I do apologize. My husband and I were working in
Santa Monica, so it was not easy for us to attend mid week.
2. We would like to Appeal against the decision to deny a CUP for a short-term rental due
to an allegation by one of my neighbors that there are trash cans left outside of my
unoccupied house and elevated noise levels in the area of my unoccupied house.
3. We would like to start by telling you that we DO NOT want to rent out our lovely home
to anybody. We simply have to do this with the current economic situation. It would
only be rented minimally, once or twice a month. Just enough to help to pay the
mortgage. And we will only do it as long as we need to. This is not a forever request. As
soon as the economy improves then we will stop the renting. We are not rental
entrepreneurs who have houses in every city and don't care who they rent out to. This is
a very special house and will only be rented to specific family types. They will be vetted
by McLean and chosen in accordance with our specific request.
4. We have owned our Palm Desert house for 10 years and have lived and raised our family
here. We also have a business in Santa Monica where we spend our working time. So we
spend out time between Palm Desert and Santa Monica. We are at our house at least 2 to
3 weekends a month, or longer when possible.
I am a nursing specialist and my husband is a painting contractor and Business Owner
based in Santa Monica. But we often have work in the desert also, so we live in the
house when we are working in the desert.
Our love for our house and the desert is what inspires us to do more. I am always
working in the garden. My husband is continually working on home improvements and
house projects. Friends, family and business associates have been so inspired by his work
that they have also bought property and businesses out here. Thereby providing further
employment opportunities to the community. Our house is always well kept and our
gardens are landscaped. We employ good staff so that they keep the house & grounds to
the standard that we expect. We are very particular and we value our property and its
contents greatly. The reason we want to rent short term rental is because we also want to
spend the same amount of time in the desert. Therefore, it would not be rented all the
-1-
time.
Again, we DO NOT want to rent out our house to anybody BUT we do want to keep
it
5. Reasons why we have to rent at this time:
I. We both work full time - but we have children coming to college age and we need
to provide for their education
II The Mortgage has increased, house insurance has increased, water rates have
increased (we have large front & back gardens to keep watered), utility bills have
increased, the price of gas has increased
III. The current decline in the economy is affecting our income. New construction
has declined leading to fewer job opportunities and job prices have to be reduced
in order to secure work. The future economy is not looking any better either for
construction business. Healthcare will also be affected and healthcare workers
may also be at risk of losing jobs.
IV. We need to be innovative and find additional income at this difficult economic
time: additional income = unoccupied house available to rent
V. If we do not rent our house out, then we can consider the alternatives:
1. Reduce the electric and water bills, reduce sprinklers for the garden -
thereby killing off the landscaped front and back garden, fruit trees and
palm trees
2. Reduce gas costs for car - reduce amount of trips to the desert which
will decrease maintenance and garden work. House will go into disrepair
3. Foreclosure - stop the mortgage payments. This will add to the growing
foreclosures in the area. Thereby bringing down the neighborhood and
decreasing property values for everyone.
6. Rental services are provided by a professional management rental company.
If we have to do this, then we want the best, most reputable, professional property rental
company in the Desert. That is why we have chosen McLean Company Rentals to
manage our property. They have over 20 years experience with rental properties. They
have very high quality standards for both tenant and owner and they have an excellent
client base.
McLean have supplied us with all the information required, including a mandatory
inventory and expected standards of furnishings etc. They also informed us of the new
Short Term Vacation CUP which is now required by the City of Palm Desert.
McLean Company Rentals are a property rental management company with over 20
years of experience. They are professional, efficient and available 24 hours a day, 7 days
a week. They have a very high standard of quality for both Renter and Owner. They have
an excellent reputation.
-2-
7. Rental Time line
May 2011:
We made the decision, after much hesitation and resistance to go ahead and rent out the
house on a short term basis, as needed.
June 2011
We proceeded to equip the house to meet the expected inventory to McLean's high
quality of standards. Which was equivalent to our own standard
July 2011:
A contract with McLean Company Rentals was signed on July 5', 2011 which gives
McLean the right to manage our house with Short Term Vacation Renters.
In doing so, they will
L. Monitor all applicants to be sure only suitable candidates apply to rent
this house
ii. McLean's Rules & Regulations stipulate:
"Our Policy and Agreement with our homeowners is to rent to family
groups only. We do not rent to fraternities, sororities or other non -
family or unrelated groups or persons less than 25 years of age. We
reserve the right to require official picture identification showing date
of birth."
See McLean's Rules & Regulations attached.
iii. McLean have a rigid contract signed by Renter which includes monetary
penalties attached if the terms and conditions are not met. This includes
Noise Level Control expectations
iv. Cleaning services are provided which include responsibility of
trash disposal - tha will handle the trash cans
vi. Strict rules apply regarding number of house occupants.
Only 2 renters are allowed per bedroom. A family with children or
elderly relatives would be prefect for this house.
vii. A 2 car garage and driveway provide ample parking spaces
viii A McLean representative will be available 24 hours a day, 7 days
a week for any calls or complaints
August 2011:
I. Booking schedule was set up on McLean's website
ii. Time is blocked off on the calendar for Owners use
iii. Coachella festival has been blocked off in advance as NOT AVAILABLE.
McLean are aware that we do not want any renters in our house over this time
period. Even though we can rent out at an extremely high rate, we do not want to
disturb the neighborhood with festival goers.
511
Amount paid out in an effort to fulfill property Management housing equipment standards:
Total: $ 14,000.00
Amount paid out for CUP application - $300 paperwork prep, $ 500 Permit application,
$ 200 Appeal CUP.
Total: $ 1,000.00
Response to my neighbor's complaint:
We must point out that we have not even started to rent out our house yet. The bookings
are scheduled to start with McLean on August V, but none booked so far pending CUP.
My neighbor's crusade is unfair, unjust, inaccurate and unsupported.
a If I was already rentingout my house prior to May 2011, I would not have
to appl for a permit - we would be grand fathered in.
b. When I heard neighbor's allegation, my first response was "they are
talking about the wrong house. They have got me mixed up with
somebody else - my house is unoccupied. We are never there often
enough for anyone to complain. It's impossible"
c I resent and protest to these allegations of noise and trash. I would like
Ms Gaedt to present proof to her allegations, including dates and times.
Our house and property is well groomed, well maintained, with
landscaped gardens. It is well taken out care of We are very house
proud. I employ service workers to maintain it at all times. Does it sound
like we would leave trash bags on the side of the road if we are so house
proud? Especially when we have an account with Waste Management.
Wouldn't we use the trash cans provided? They are kept in the garage.
Wouldn't we just leave them in there until pick up day?
d. The houses all around me are rental properties. Some of them are
probably not managed and this has obviously given my neighbor a bad
impression of all rental homes. Surely these are the houses my neighbor
should be going out of her way to complain about..
d. We also have experienced problems with our neighbors in the area in the
past; trash cans left out; elevated music and noise levels, dogs barking.
However, unless it gets totally out of hand and is not consistently all the
time, then we just have to live with it. Everybody has a right to live there.
-4.
e. We also experienced a house which seemed to be involved in drug use -
and reported it to the police. We handled it.
f. We like to sit on our front porch in the evening. On more than one
occasion our view has included trash cans and mattresses left outside one
of our neighbors homes and a view of Ms. Gaedt's parents house. Curb
appeal is definitely lacking on both houses. But we don't complain.
On the other hand, we provide Ms. Gaedt's parents and our neighbors with
a wonderful view of our clean, tidy property with landscaped garden and
lawns.
Trash cans are never outside of the house, even on trash days -
because we take it with us when we leave.
See photos attached
Trash Can Eznerience:
a. 2001 - we started an account with Waste Management for trash pick up.
In that 1 St year we had 1 complaint that our tash can was left outside on our
driveway. This was our fault, as first time home owners, we were unaware of the
City rules not to leave them on the street. So we made arrangements with WM to
pick up and drop off the trash cans at the top of our driveway, for an extra charge
Subsequently, we made arrangements with Mr Rowe, our Pool guy to put the
trash can behind the side gate if he saw it on the driveway. (Mr Rowe drives past
our house every day and picks up the mail for us and keeps an eye on the property
in our absence)
We stopped this arrangement shortly after, and decided it was far easier for us to
simply tie up the trash bags. hold them and bring them back in our car to
dispose of them with our trash in Santa Monica.
See photo attached
My neighbor is obviously not aware of our trash arrangements otherwise she
could not make this trash allegation.
There are NEVER any trash cans left outside the house for this reason.
I asked Waste Management if they could prove that although we have an account,
there are never any pick ups from our house. Unfortunately, WM do not keep a
record of pick ups in order for me to prove this. They just have a record of an
account.
I do have a written testimony from our neighbor Mr Rowe, who also services our
-5-
pool and has watched over our house in our absence for the past 10 years. He is
also shocked by these unjust trash and noise allegations. He states that he has
never witnessed trash cans or trash bags left outside of house, full or empty. Nor
as he experienced noise levels above normal expectancy, if any at all
b July 5, 2011
There was an occasion recently, on Tuesday July 5', when I had excessive trash
from clearing out my garage. I called WM and made an arrangement for a special
pick up of trash on that Tuesday morning. It cost me an extra $ 25. WM instructed
me to leave it curbside. WM came by to pick it up within the hour between 9:30
am and 10:30am. I was there, so I pulled back the trash up my drive way, hosed
it down, left it to dry on my drive way for 10 minutes and then returned it to the
garage. It was a well controlled situation.
Maybe, this is what my neighbor is referring to?
c No other complaints ever received from anv of our neighbors. No police reports
of trash cans left on My curb ever noted in 10 years
Noise Levels:
a This is our family home, if we have family and friends come to stay with us then
that is our prerogative. We work hard for what we have. If we have family
occasions or celebrations, like any other family, then we are honored to hold
them in our house.
We weren't aware that we have to account to anybody for inviting people to our
home.
b Earlier this year we had visitors in town with babies and children. If there was
any elevated noise level, above what should be expected, or a trash can or bag left
out side the house by mistake, then I was unaware of it.
If this was the occasion she was referring to then my neighbors should have
spoken to us and we could have addressed any problems that we were unaware of
at that time.
c Our house and garden are so big, even music or noise in the back garden cannot
be heard in the front garden. Noise does not carry across such a large garden.
I know, I have tested it myself to see if it could be heard outside and it cannot
Inside of the house - any noise inside is absolutely self contained. Nobody can
hear any sounds from the house.
The surrounding houses are well spaced out. In fact, we are on such a big corner
lot that we never even get to see our neighbors. Ms Gaedt is the only one who
has introduced herself to us. Her parent's house is opposite our house. She does
not even live in their house.
0
There are 2 unoccupied houses surrounding us. On the opposite corner to us there
is an empty unbuilt corner lot which is covered in grass. No house on it. The curb
on the empty corner lot is available to park at any time.
There is no one else near enough to hear noise even if there was any.
See attached photo
d Our house has been unoccupied most of the time. That is why Mr Rowe is kind
enough to watch over it for us.
It seems that Ms. Gaedt and her parents have gotten so used to the silence of an
unoccupied house, it is hard for them to accept when our family home is occupied
by our family with the normal level of family noise.
e Ms. Gaedt does not reside at 44-595 San Jose Ave.The house belongs to her
elderly parents who only live there for 3 months out of the year. It is unoccupied
for the remainder of the time
f My house was unoccupied for Coachella fest 2011.
In 2010, I was there at that time, chaperoning my daughter and her girlfriends.
No unusual noise levels.
g When we are there, the music sounds for the most part are the sound of soft,
mellow desert jazz. We do not like loud noise.
h No complaints ever received from any of our neighbors. No police reports of
elevated noise levels ever noted in 10 years
CUP application
This is a brand new rental endeavor for us. It is also the first application for a CUP of this kind
to the Planning Commission. We have not even started renting out yet and I am already getting
an
inaccurate, unjust complaint. I can understand the level of anxiety our neighbor is experiencing.
But if this is her crusade in life, then she should be prepared to be attending a lot of Planning
Commission meetings. There are short term rentals all around her in Palm Desert.
We have contracted with the best Property Management Company in the
desert who will handle these rentals in a professional manner.
We have chosen to request this CUP because:
We are going through the CUP process as approved by the planning commission. We
have paid out a lot of money to do this and taken a lot of time.
-7-
There are many houses being rented out in Palm Desert right now without a CUP.
Nor are they being enticed into getting one if they see the time, cost and then a denial of
application. Only to then pay another $ 200 to Appeal.
They will stay underground.
But we are honest, hard working people with high standards and morals.
We want to do what is right and be compliant with the City
We want to everything correctly - even pay CUP fees and taxes
We have to be enterprising and resourceful. This is a new age where we are driven by
the current economic downfall, and it's not getting any better soon.
Some of us have to step out of our comfort zone in order to survive, and to allow others
to survive.
That is what we are prepared to do. It might not be what we want once we try it, but it is
worth the chance.
Again, we DO NOT want to rent out our house - BUT we DO want to keep it!!
We do request the support and encouragement of the Planning Commission
and Palm Desert City Council to help all struggling members of
the community to be resourceful and survive the current economic downward
spiral.
-8-
August 1 ", 2011
I am very familiar with 44-600 San Jose Avenue, Palm Desert. I have serviced the pool, twice a
week since 2001.
I am on call with all my clients to assist with any pool problems at any time of the day.
I have been called upon many times at 44-600 San Jose to assist with pool equipment or pool
problems. I have always found everybody friendly and welcoming and have only experienced
normal noise levels pertaining to families with children playing in the pool and having fun.
I am always in the area and pass by the house several times a day while I am working. I have
never witnessed trash cans left out by the front curb. Full or empty.
Mike Rowe
RENTAL/ LEASE AGREEMENT
44600 San Jose Avenue
Palm Desert, ca 92260
Lodger accepts the responsibility to properly maintain said property during occupancy and
agrees to replace or repair and pay for any breakages, damage, or loss caused by Lodger or
Visitors of Lodger during occupancy, other than normal wear and tear.
NEVER LEAVE CHILDREN UNATTENDED NEAR OR IN POOL
THERE WILL BE A $250 CHARGE TO ANY GUEST WHO REARRANGES
FURNITURE. THIS WILL BE DEDUCTED FROM THE SECURITY DEPOSIT
REFUND. THERE ARE NO REFUNDS FOR EARLY DEPARTURE.
I/We accept responsibility of said premises and relieve McLean Company rentals as agents, of
any responsibility of any and all liability arising during or from my occupancy of this unit. In the
event there is a breach under this agreement, the losing party agrees to pay reasonable attorney
fees and costs. SEE OCCUPANCY AGREEMENT FOR ADDITIONAL INSTRUCTIONS.
The security deposit is refunded after unit is vacated and all terms and conditions of this
agreement are satisfied. In the event of any breach, the security deposit shall be retained to
compensate Owner and Agent for such breach including payment of cost of EXTRA cleaning,
repairing or replacing any of the premises, it's contents or common areas and recreational
facilities. In the event that said deposit is insufficient for that purpose, guest shall pay the
additional costs on demand. Any and all legal matters matters arising out of this agreement shall
be adjudicated in the City of Palm Springs, Count of Riverside. If all term as and conditions of
this contract are fulfilled, the deposit will be returned in FULL BETWEEN 21 TO 24
BUSINESS DAYS AFTER DEPARTURE. SECURITY DEPOSITS FOR HOMES WITH
A UTILITY AGREEMENT WILL BE RETURNED AFTER 45 DAYS INITIAL **
I/W agree to abide by all Rule and Regulations set forth by the Home Owner of said unit. Upon
any infraction of theses rules by any party or guest of party, Agent may, as his option, terminate
this agreement and occupancy by giving 24 hours notice to guest. In this event the renter agrees
to obey this notice properly and forfeit all monies. KEYS MUST BE RETURNED TO THE
OFFICE UPON DEPARTURE. A $10-25 charge will be deducted from the deposit for each
every KEY not returned properly. There is a $ 15 charge for returned checks. Private homes
have a $200 Gas/ Electric limit per month on any reservation of 28 days or more
INITIAL**
CHECK OUT TIME IS 10am. Please adhere to this as the unit has to be cleaned prior to the
next arrival. Late Departures will be charged % day rate. I shall accept all Cleaning "Check -In"
and "Check -Out" procedures_
INITIAL**
44600 SAN JOSE AVENUE
PALM DESERT, CA 92260
STATEMENT OF USE
1. Minimum number of days for rental occupancy is 3 days
2. 4 bedrooms
3. 8 overnight guests
4. Additional daytime guests allowed between Sam and 8pm.
5. Maximum allowed day guests will not exceed 4 people.
6. Outside appearance will remain the same - no lights, color change or advertising
materials
7. No rental signs on -site or off site will be used
8 On -site parking provided with garage and driveway
9. Property Manager will be available 7 days a week/ 24 hours a day.
Property will be professionally managed by:
McLean Company Rentals
477 S. Palm Canyon Dr, Ste 1
Palm Springs, Ca 92262
24 hour phone number: 760-346-0611
RENTAL/ LEASE, I EEMENT - 44600 San Jose Avenue, Palm ;ert, Ca 92260
SHORT TERM VACATION OPERATING CONDITIONS
PER: PALM DESERT CITY COUNCIL RESOLUTION NO.2011-24
As approved by the Palm Desert City Council, all short term -vacation rentals must operate under
the following conditions:
Minimum Number for Rent or Lease: The minimum number of days that a short-term rental
can be occupied is three (3) days. Rentals or Leases for fewer than three (3) days shall be
prohibited.
Maximum Number of Occupants: The maximum number of overnight occupant guests for a
short-term vacation rental shall not exceed two (2) persons per bedroom. Additional daytime
guests are allowed between the hours of Ban to 8pm, with the maximum daytime guests not to
exceed one (1) additional person per bedroom.
Appearance, Visibility or Location: 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.
Signs: No signs, either on site or of site, shall be used to advertise the availability of the rental
unit to the public
On -Site Parking Required: All parking associated with a short term -vacation rental shall
entirely be onsite, in the garage, carport, driveway or otherwise out of the public street.
Noise: 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.
Noise Control (Code Section 9.4): It is unlawful for any person to make or cause loud,
excessive, impulsive or intrusive sound or noise that disturbs persons of ordinary sensibilities.
Please be considerate of our neighbors - keep your noise level down - thank you
Contact Person: The owner, or his/ her Agent, shall be available 24 hours a day, 7 days a week,
to respond to any tenant or neighborhood questions or concerns. The following information
shall be provided:
Name, address and telephone number(s) of the contact person responsible for 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 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 persons' address or telephone number shall be provided promptly to
the parties described above
Transient Occupant Tax: 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 (91/6)
Please sign Understanding & Agreement of the City of Palm Desert Short -Term Vacation
Operating Conditions ___ SIGNATURE"
■1■ . . . . . . . . . . . . . . . . i . . . . . . . . . . ■ . . . . . . . . . . .
■ ■ ■ ■ . . . . . . . . . . . . . . .
■
Name on Reservation: Arrival Date:
McLEAN
�A �a CO
MPANY RENTALS S-
- - -- -Occupancy-Agreement
I hereby certify that I am renting the property listed on the Agreement and it will only be used by the
following persons per the terms and conditions as stated on the Agreement. Over occupancy is considered
■
■
a serious violation and a misrepresentation of said Agreement. We reserve the right to deny access or to
■
have the premises vacated with no refund of monies should said terms and conditions not be adhered to.
■
Photo ID's required at check -in.
■
Only the following persons will occupy the premises:
■
:
You must list every person including all children & pets that wi// be in the property.
Name Age Smoker (Yes/No)
■
■
■
■
:
■ I understand that "guests" are allowed for NO longer than 6 hours. All children must be listed and please observe no smoking signs.
• Our properties are well maintained and clean, however, just like your own home, unexpected breakdowns can occur. All efforts will
■
■
■ be made to correct any problems you might experience in a timely manner, however, refunds cannot be made due to mechanical
■ failure of equipment. We reserve the right to substitute accommodations if the specific unit requested becomes unavailable.
■
■
■ Please list below the information about the cars that will be at the property. If the car is a rental, you may put "rental", and give us the
■ rental agency.
■
■ Be a good neighbor. No unreasonably loud noise or music is permitted at any time and is strictly enforced outdoors after 9pm.
■
Car Make Color License Number
■ I completely understand that a "Nuisance" call will be charged against my security deposit. This is when any service representative,
■ or office personal is required to come out due to a complaint and find Nothing Wrong. This includes not knowing how to use a'
■
■
■ something, not giving the air/heating enough time to work, etc. Please remember there are no PETS and no RVs allowed, unless au- =
■ thorized in writing prior to occupancy. ry
■
■ We further agree to abide by ALL Homeowners Rules & Regulations, including those posted inside the property, and understand that
■ only those people listed above are to be residing at said residence. The person who signs the Occupancy Agreement takes full o
■
■
■ responsibility for the actions of all people listed above. w
■
a
■ We also understand that the liability of all persons listed above with regard to personal property, fire, theft, etc., is solely the v
■ responsibility of those persons. This includes but is not limited to slip and falls, burns, personal injury of any kind in or outside the
■
■
■ property, etc. We highly suggest that you do not leave valuables in the property .
■
R
■
Signature Date Reservation Number
■
■ Our Office closes at 5:30 pm. - •
■ We are closed on Sundays and major holidays. Saturday hours vary depending on the season. Should you be arriving when our & ■
■
■ office is closed please call for instructions on how to pick up your keys and directions. ■
HOUSE RULES & REGULATIONS
44600 San Jose Avenue
Palm Desert, Ca 92260
1. Outside smoking only
2. Do not use fireplace for fire
3. Do not use the swamp cooler & air conditioner at the same time
4. Do not turn on the pool heater & spa heater at the same time
5. Please treat this home with the same respect as your own and leave everything in the same
good condition as found
6. Extra charges will apply for the following as per rental Agreement:
- Pool heating
- Cleaning fee
- Security Deposit
- City Room Tax 9%
- Utility Cap for reservations 28 days or more
7. The Renter shall use the property for legal purposes only and other use, such as but not limited
to, illegal drug use, abuse of any person, harboring fugitives, etc.; shall cause termination of this
rental with no refund of rents or deposits
8. It is the Renter's responsibility to learn about safety precautions, and safety procedures
concerning swimming in or being around the pool. Renter agrees to have a responsible adult
supervising minors while they swim in the pool. Renter is hereby notified that the pool can be
dangerous and tenant accepts fully the risks involved. There are no rails to prevent a fall into the
pool. ABSOLUTELY NO DIVING. The depth is only 6 feet at the deepest.
NEVER LEAVE CHILDREN UNATTENDED NEAR OR IN THE POOL
9. No Fireworks or other hazardous materials shall be used in or around the property.
10. Please comply with ALL the Palm Desert Conditions of Use Permit
But most importantly - Please enjoy yourself
MINUTES
PALM DESERT PLANNING COMMISSION JULY 19, 2011
Commissioner Limont asked if the masseur would be an employee of J
Russell Salon or independent. Mr. Swartz said that he'd let the applicant
speak to that.
Commissioner De Luna wanted to clarify that this isn't being considered a
stand-alone use. Mr. Swartz stated that was correct, that it was a secondary
use to the salon.
Chair Campbell declared the public hearing open and asked the applicant to
step forward.
Ms. Meg Firestone, owner of J Russell Salon, introduced herself and Sally
Harland, the masseuse, whom she has asked to be the full-time masseuse
at the salon, to the commission.
Ms. Sally Harland, 72-996 El Paseo, spoke about her experience as a
massage therapist. She has been one in the desert for nearly 20 years
either as an employee in physicians' offices or on her own. She is a
registered nurse (RN). Since the new ordinance was passed in the city, both
she and Ms. Firestone came to the City to apply for permission to operate a
massage facility within the salon.
Commissioner De Luna asked Ms. Harland if she was a full —time employee
of the salon. Ms. Harland stated that she would be an independent
contractor.
Chair Campbell asked for any testimony in favor of or opposition to this
application. Seeing none, she declared the public hearing closed.
Action:
Commissioner Limont moved and Commissioner De Luna seconded approving CUP
11-173, subject to the attached conditions.
Commissioner Limont moved and Commissioner De Luna seconded adopting Planning
Commission Resolution No. 2556 approving CUP 11-173, subject to the attached
conditions. Motion carried 5-0.
C. Case No. CUP 11-244, Alan and Susan Parker, Short-term Rental,
Applicants.
Request by applicants for a Conditional Use Permit to operate a short-term
rental at 44-600 San Jose Avenue.
GW
MINUTES
PALM DESERT PLANNING COMMISSION JULY 19, 2011
Missy Wightman orally presented her staff report and presentation. She
showed the location and floor plan of the house on the computer screen.
The zoning for the area meets the requirements to operate'a short-term
rental. The applicant is in compliance with all of the standards in place to
operate a short-term rental. This house is a 4-bedroom house which,
according to the ordinance, limits any overnight guests to two per bedroom
for a total of eight. All parking must be on site and at this location there is
room for two cars in the garage and two more in the driveway. The
applicant's lease contract does list the additional requirements and mentions
payment of TOT. Ms. Wightman showed site photos of the property. There
is one bedroom downstairs and three more upstairs.
Ms. Wightman stated that there were no public comments received either in
favor of or in opposition to this application since the legal notice was mailed
July 1, 2011. She verified with the Police Department and the City Code
Compliance division that there weren't any noise or other violations on file.
Staff recommends approval of this CUP and she offered to answer any
questions.
Commissioner Limont began her questions by asking what the stages of
enforcement for various violations are, are the owners called after the police,
or before? Ms. Wightman indicated that the police are called first. Then the
property owners are contacted. The City is keeping record of the new
requests for short-term rentals and their owner/property manager contact
information should something like this occur. If there are multiple violations,
then the CUP could be revoked along with fines levied. If there is just one
violation, then a warning would be issued. Commissioner Limont also asked
about who would bear the cost of the police or code enforcement answering
these calls. She stated that the `Augusta issue' ran up huge bills related to
staff time. Ms. Aylaian stated that there is now some recourse for the City to
recover some of these costs. When the noise ordinance was passed, a
companion ordinance was also included which allows the City to charge the
violator for repeated calls to a location. These charges include time charged
for police and code enforcement.
Commissioner Limont wanted to know if this information is being distributed
along with the CUP application packet. Ms. Aylaian stated that it has not
been part of the packet, but that it certainly could be included.
Mr. Bagato wanted to add that Pedro Rodriguez, Senior Code Compliance
Officer, and Lt. Andrew Shouse from the Police Department have been kept
apprised of any violations: new or repeat offenses that any citizen reports.
Having noise violations on record assists the police and the code officers in
levying heftier fines against repeat offenders. Mr. Bagato wanted to add that
stricter ordinances that would allow for heftier fines and quicker citations
A
MINUTES
PALM DESERT PLANNING COMMISSION JULY 19, 2011
may be forthcoming for consideration. Under the current noise ordinance,
Mr. Bagato stated that if there are fewer than 10 people, then a `rowdy parry'
citation can't be issued. The new proposal would drop that count down to
one person or more, regardless of the individual being a permanent resident
or a visitor.
Commissioner Tanner requested that Mr. Bagato state for the record, the
number of homes the sheriff department visited relating to short-term rentals
[referring to a meeting that both Mr. Bagato and Commissioner Tanner
recently attended]. Mr. Bagato stated that the Police Department has no
way of knowing if the noise violation calls they respond to are short-term
rentals or not; but that the overall total of noise violations responded to was
very low. The police lieutenant stated that the tools are already in place to
enforce these infractions; the education to the owners and the neighbors is
the main issue —getting the word out of what repercussions there are for
violations.
Commissioner Tanner asked about the $500 fee and if it was a deposit or a
one-time fee and if that fee would be used to pay for back code or police
responses to ordinance violations. Mr. Bagato stated that the fee was a one-
time, non-refundable, administrative fee. That fee would not be used toward
any code violations or fines, only for the staff time to process the application.
Commissioner De Luna asked about the size of the lot and also about
parking: if there are four guests allowed, where would they park? Ms.
Wightman said that she didn't know the lot size off -hand; her guess was
about 7000 square feet. As for the parking, two cars would park in the
garage and two more could park in the driveway. Commissioner De Luna
wanted to know about parking for additional guests, where would they park?
Ms. Wightman stated that they would have to park along the street. She
wasn't certain that the code intended to have on -site parking for daytime
guests, just for nighttime guests.
Chair Campbell declared the public hearing open and asked the applicant to
step forward. The applicant was not in attendance. Chair Campbell asked
for any testimony in favor of or opposition to the application to come forward.
Ms. Sabine Gaedt, 44-595 San Jose, came forward to speak in opposition to
this project. She stated that she liked the applicants, a nice couple from out
of town. Ms. Gaedt's 80-year-old parents live across the street from this
property. She mentioned that the applicants must have offered their house a
few times as a short-term rental on a trial basis and during those times,
there have been a few problems: trash bags sitting on the street until trash
day, some noise complaints that some of the neighbors have previously let
slide, and cars of guests and guests -of -guests parking all over the
7
MINUTES
PALM DESERT PLANNING COMMISSION JULY 19, 2011
neighborhood and giving her elderly parents an uncomfortable feeling. Ms.
Gaedt said that she wasn't aware of the City Council ruling regarding
allowable guests, until she received a notice in the mail about today's
hearing. She felt that calling the police is a hassle: there was another
property nearby that seemed to have been rented to drug -dealers and the
police were constantly called and after many days and nights of complaints,
and thousands of dollars of repairs to the property, those tenants finally went
away. But the whole process was a huge hassle.
Seeing no one else willing to offer testimony, Chair Campbell closed the
public hearing and asked for commissioner comments.
Commissioner De Luna began with her comments and concerns about this
project. She stated that the last speaker mirrored many of her concerns just
now. Commissioner De Luna mentioned that the size of the property is an
issue because it's a larger property with four bedrooms that would
potentially house up to 12 people. That is a large number of people for a
neighborhood, especially during Coachella Fest or another `fest' like that.
She wants to preserve the integrity of the neighborhood for families that live
there with young children. She understands that guests are required to leave
at 8 p.m. but that doesn't always happen, especially when the party starts
going at noon and could get louder as more guests arrive during the day.
The neighbors can be accommodating sometimes by not calling the police
every time there is an infraction, but that doesn't help the overall problem at
hand. In this instance, she can't support the request for a CUP.
Commissioner Tanner commented that the Planning Commission's desire is
to preserve the neighborhood for those that live here full time. He noted that
there are a lot of residents that aren't here full time and would like to get
revenue for their second homes and he understands that side of the
problem also. He believed that the current ordinances have teeth and that if
the current methods of enforcement aren't working, then they should go
back before the City Council and be changed. If there is nothing in place (a
CUP) then the City would have no recourse against those violators, because
they aren't registered, they are `underground'. But if the Planning
Commission approved CUP's for these applicants who have paid their
money and read the rules and understood the consequences, then the City
could register the applicants, prosecute those few violators and collect the
TOT. He felt that the City has created a well defined procedure to deal with
any problems that neighbors (like the parents of the speaker present tonight)
report. The City already requests that the owners post trash days, and noise
ordinances and where people can park and call the police or the City if there
is a violation to get it on record. If the public doesn't report it and if the owner
doesn't have a CUP, then there isn't much or anything the City can do about
MINUTES
PALM DESERT PLANNING COMMISSION JULY 19, 2011
it after -the -fact. In sum, Commissioner Tanner would be in favor of this
application.
Commissioner Limont stated that she has a short-term rental in her
neighborhood that is a constant violator and has and is taking months to
control. They are operating without a CUP and that also complicates the
issue. She is infuriated when neighbors come to her asking her for help with
the late -night parties that are being held on school nights and there isn't
much that she can do. Her issue is that the owners of this house live in
Chicago and don't know what's happening on a weekly basis. She feels that
people should be allowed to do what they wish with their property, but not at
the expense of neighborhoods.
Commissioner De Luna wanted to respond to something that Commissioner
Tanner said and in this case the landlord seems to be an absentee landlord
and although there are codes in place and consequences for those
violations, she also pointed out that Commissioner Limont has to contend
with the short-term rental in her neighborhood and is STILL working through
those issues. In this particular case, she believes that the house is large
enough that the code will permit too many families and guests and create a
legal noise problem. She can't support this instance; she could in theory, but
not this reality in this instance.
Commissioner Dash stated that he did and does support short-term rentals.
He felt that this instance was fraught with problems: noise and garbage, but
more importantly, that the applicants weren't present for this meeting. He
stated that there is no local address for them [contact address] and that that
shows that they don't appreciate the gravity of short-term rentals out here
and the issues surrounding them. He, therefore, will not vote in favor. He
stated that if the applicant wants to come back with some answers, he might
change his mind, but at the present time, he would vote against it.
Chair Campbell stated that the applicant does have a property manager that
is available 24/7 with contact information. She agrees with Commissioner
Tanner that the Planning Commission did approve the CUP process and
here is an applicant going through the process, so the Commission should
grant it and keep them on the record rather than sending them and others
like them `underground'. With that, she moved for approval of staff's
recommendation. Commissioner Tanner seconded the motion with more
discussion. He wanted to point out that any appeal from any applicant
doesn't come back to the Planning Commission but would go directly to the
City Council. He wanted to mention that if there is a problem with this house,
one calls the management company that the owners have hired and let
them know about the trash or the noise and find a quick solution to any
problem, since that's what they're paid to do.
MINUTES
PALM DESERT PLANNING COMMISSION JULY 19 2011
Commissioner Dash asked Ms. Gaedt if she was aware of this property
being managed by a rental agency. Ms. Gaedt stated that she was not.
(other inaudible remarks were made)
Ms. Wightman advised that a continuance be issued to give the applicant
time to respond. Commissioner De Luna said that the applicant had plenty
of time already and that request would not be granted.
Action:
Commissioner Campbell moved and Commissioner Tanner seconded approving CUP
11-244, subject to the attached conditions. Motion failed 2-3 (Commissioners De Luna,
Dash and Limont voting NO).
Commissioner De Luna moved and Commissioner Limont seconded a motion to direct
staff to prepare a Resolution of Denial for CUP 11-244 to be brought to the next
Planning Commission meeting. Motion carried 3-2 (Commissioners Tanner and
Campbell voting NO).
IX. MISCELLANEOUS
NONE
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES COMMISSION
Commissioner Campbell stated that the last meeting artists were
chosen for the registries. Some art pieces were sold to a music
school on the East Coast.
B. LANDSCAPE BEAUTIFICATION COMMITTEE
Commissioner Limont mentioned that the meeting would be
Wednesday, July 20, 2011 (tomorrow).
C. PARKS & RECREATION
Commissioner Tanner said that they met, but Commissioner
Tanner was unable to attend. He said that the meeting was an
update on the Aquatic Center. He urged everyone to go see it. He
also stated that the parking area was prize -worthy, it was that well -
designed. Ms. Aylaian stated that there were about 600 people per
day in attendance. Commissioner Tanner mentioned that there
have been trespassers at night, but the sheriff and a private
security company are now watching the grounds.
10
mmi:LEAN
MPANY RENTALS
PARTY WAIVER ADDENDUM
ADDITIONAL AGREEMENT
WE AGREE TO ABIDE BY ALL RULES AND REGULATIONS SET FORTH BY
THE HOMEOWNERS, CITIES, AND McLEAN COMPANY RENTALS.
NO PARTIES ARE TO BE HELD AT ANY PROPERTY FOR ANY
REASON DURING OCCUPANCY. A PARTY IS CONSIDERED
ABUSE OF TERMS AND CONDITIONS OF INNKEEPER
AGREEMENT AND CAUSE FOR IMMEDIATE TERMINATION OF
OCCUPANCY.
UPON ANY INFRACTION OF RULES BY ANY PERSON, OR GUEST
OF PARTY, AGENT MAY AT THEIR OPTION, TERMINATE THE
INNKEEPER AGREEMENT AND OCCUPANCY IMMEDIATELY. IN
THIS EVENT THE GUEST WILL FORFEIT ALL MONIES, INCLUDING
SECURITY DEPOSITS.
DATE:
BY SIGNING THIS AGREMENT YOU AND YOUR GUESTS ARE TO
ABIDE BY THE RULE AND REGULATIONS.
RESERVATION #
Issued by:
MCLEAN COMPANY RENTALS HAS A NO TOLERANCE PARTY POLICY
WE ARE GOOD NEIGHBORS, AND ABIDE BY ALL CITY ORDANCES.
477 S. Palm Canyon Drive, ste.1 Palm Springs CA 92262
760-322-2500
f. party waiver
Owner Home
Page I of I
Alan Parker
Calendar Reservations Statements
H-PARK
Newsletters Owner Detail
Vacant Occupied Owrwr Guest of Owner
August, 2011
September, 2011
October, 2011
November, 2011
S M T W T F S
S M T W T F S
S M
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Miscellaneous Rules and Policies
Page 1 of 4
Reservations: 1-800-777-4606
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Miscellaneous Rules and Policies
Holiday And Special Event Rates
Coachella Fest and other special events throughout the year have higher nightly rental rates and require a
minimum 4 night stay.
Housekeeping and Maintenance
Our properties are inspected and cleaned for each guest. If the home is not cleaned to your
satisfaction when you arrive or if something is not working properly, please call the office to
report the problem. We will try to correct the situation immediately. Additional maid service is
! available during your stay. We'd be happy to arrange it for you. The cost is very reasonable.
What Is Included In The Cleaning Fee?
Toilets, tubs, mirrors, floors, and bathrooms are cleaned in full. Linens and towels are washed and beds are
remade. Fresh towels are hung in the bathrooms. We clean the kitchen starting with the refrigerator, stove,
and counters. We do one load of dishes and put them away. We vacuum all the floors, dust all the
window sills, and remove all cobwebs. We hose and sweep down the patio and entry. We try to make sure
the toaster, breadboard, and microwave are cleaned and ready for the next tenant. We also report to the
owner any additional cleaning suggestions which might improve the property. However, we also
appreciate your comments, both good and bad, so that we can advise our owners.
Telephones
Every property in our rentals program is equipped with a telephone and the phone number will be provided
to you. Owners graciously furnish telephones for your convenience and safety. The phones have a long
distance block in place that prevents any long distance calls. Any long distance calls should be charged to
your calling card or made by cellular phone. If a toll call appears on the owner's phone bill for the dates
you were in the property, the amount of the calls and a $20 service fee will be deducted from your security
deposit.
Pets
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Miscellaneous Rules and Policies
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Some of our homeowners will allow pets. Be sure and ask about these properties when you speak with a
Reservation Agent or search for our Pet Friendly properties here on our website. There is a minimum $300-
$500 Pet Deposit in addition to the Security Deposit.
Non compliance to pet restrictions are grounds for immediate eviction without refund.
Most of our properties are non smoking premises. If you wish a property that permits
smoking, you must make that request. Those that allow smoking are indicated in the
descriptions. Any guest violating the owner's no smoking rule may cause all guests to be
evicted with forfeiture of all monies paid. Smoking includes cigarettes, cigars, pipes, etc.
If our inspection staff detects, at departure, the presence of smoke in a non smoking unit,
the full security deposit may be forfeited.
Occupancy
Our rental rates are based upon two persons per bedroom. Children are counted in total occupancy unless
they are under the age of two. Over occupancy is considered a serious violation of your lease, and we
reserve the right to deny access or to have the premises vacated with no refund of monies.
Parking
Parking areas are for automobiles only. RV's, travel trailers, boat trailers, etc. are not permitted.
Lost and Found
If you leave something behind, call our office immediately. We will make every effort
to locate the item and return it to you. Postage costs and a $25 service charge will be
charged against your security deposit. Lost items will be held for two weeks; after that r1.
time, all unclaimed items will be donated to a charitable organization. MCR is not Loy r
responsible for any lost items that we're unable to locate.
Liability
p This rental program is under management of MCR who acts only as an agent for the
owners. All properties are privately owned; management will not be responsible for
any accidents or injury to guests or loss of money, jewelry or valuables of any kind.
Repairs and Maintenance
We cannot guarantee against mechanical failure of heating, air conditioning,
appliances, TV's/VCR's/DVD Players, stereo equipment or pools/spas. MCR is not
responsible for any circumstances beyond our control, such as disturbances on nearby
properties, construction noise, or acts of nature. Please report any inoperative
equipment to our office promptly. We will make every reasonable effort to have
repairs done quickly and efficiently.
NO REFUNDS OR RENT REDUCTIONS WILL BE MADE DUE TO THE MECHANICAL
FAILURES OR MALFUNCTIONS, EARLY DEPARTURE, INTERRUPTIONS OF UTILITIES,
MAINTENANCE PROBLEMS OR CONSTRUCTION IN THE AREA.
Frivolous Repair Calls
Our company experiences repeated calls for repairs that are due to guest misuse or unfamiliarity with
amenities. Often the problem can be solved by following the phone instructions of our maintenance
personnel. If you represent that the problem persists after being given instructions a repairman will be
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Miscellaneous Rules and Policies
Page 3 of 4
dispatched. If the repairman discovers that the problem could have been solved by following the
instructions you will be responsible for the repair bill.
Private Pools & Spas
All of our homes and some of our condos feature private pools and spas. Pools and spas
are chemically serviced and cleaned regularly. All of our pools may be heated during the
winter for guests' use and enjoyment. Thermostats are typically set at 82 degrees
Fahrenheit. However, temperatures may vary and degree of warmth cannot be
guaranteed. Please contact a reservationist as to the cost of pool heating. Tampering with
the thermostat to increase the temperature beyond 82 degrees will result in an additional
charge of $50 per day and will be deducted from security deposit. All of our pools and spas have been
properly cleaned in advance of your arrival. However, sometimes we experience winds here in the desert
and the pool could become dirty. Please advise the office and we will make every attempt to contact the
pool person, but please understand that WE CANNOT GUARANTEE that the pool person will be able
to return to the property.
Owners Closets
Many of our properties have locked owner's closets or cupboards for the homeowner's personal items to be
stored. Please do not try to force them open. Any damage or content loss will be deducted from your
security deposit.
First Right of Refusal
An in house guest will be given the first option to roll over for the same time period or longer for next
year. This option has to be finalized prior to in house guest check out.
Families Only
Our Policy and Agreement with our homeowners is to rent to family groups only. We do not rent to
fraternities, sororities or other non -family or unrelated groups or persons less than 25 years of age. We
reserve the right to require official picture identification showing date of birth.
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Rental Information
o Accommodations in Palm Springs
o Check -In / Check -Out
o Deposits and Payments
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o McLean Company Rentals — Arrival Form
o Miscellaneous Rules and Policies
o Office Hours
o Palm Springs Vacation Rental Ordinance
o Reservations
o Security Deposit
o Vacation Rental Check List
o Vacation Rental Deals!
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Miscellaneous Rules and Policies I Page 4 of 4
Palm Springs Information
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McLean Company Rentals 477 S.Palm Canyon Dr., Ste.I Palm Springs, CA 92262
Toll Free Reservation Line: 800-777-4606 Phone: 760-322-2500 Fax:760-323-7878. E-mail:
info@ps4rent.com
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Re: Case No. CUP 11-244-
Dear City Council,
This is written in response to Alan and Susan Parker's request to operate a short-term
rental out of their second home located at 44-600 San Jose Avenue. I would have preferred to
attend the hearing in person (as I did the first one, in front of the planning commission), but
already had a prior unchangeable commitment.
Up front, I want to state again that I have always liked the Parkers and that they have
been wonderful neighbors over the years. However, the problem with this request from my
perspective is multifold:
Our neighborhood, in which I've lived for 25 years, is characterized by many of the
original residences built in Palm Desert (including Alan and Susan's). In order to preserve the
unique character of Palm Desert and prevent it from turning into a sea of gated communities,
apartment complexes, and declining or foreclosed pockets, it is imperative that little
neighborhoods like ours are maintained well. This means that elderly residents feel safe (which
is currently the case), that young couples want to move in and raise a family (which is currently
happening), and that all others are able to enjoy a quiet calm haven to return to after their daily
responsibilities (which is currently the case).
Allowing a neighbor to turn their second home into a short-term rental will threaten the
integrity of our neighborhood. As much as I like Alan and Sue, and as much as I believe in
everyone's freedom to do as they wish, I do not believe that the profit motive should infringe
upon the freedom and comfort of others in our own homes and ultimately affect the value of our
homes as well (who wants to buy a home next to a party house?).
To be more specific, short-term rentals are associated with a number of negative
consequences: late night noise (which has already occurred), quick turnarounds (which have
already occurred), renters in a hyped -up parry mode leaving trash bags full of empty alcohol
bottles at the curb days before trash pick-up day (which has already occurred), multiple cars
spilling over to the curbs in front of other residences (which has already occurred), etc., etc. At
the time this happened at Sue and Alan's house in the spring of this year, we thought rowdy
friends or relatives were visiting and ignored it, assuming it was very temporary. But when we
later found out the house was being used as a short-term rental the issue became a whole other
matter.
The rebuttal I heard repeatedly at the planning commission hearing is that we can always
call code enforcement or the police, but quite frankly that feels patronizing. Who wants to get up
at 2am, call the police, and request them to stem the sleep interrupting party noise? Also, even if
we call in for one instance, it is not as if the call will prevent future instances; repetitive calls are
inevitable considering there will be different people living there each time. Our neighbors are
overwhelmingly quiet, mutually respectful people who even announce a special occasion ahead
of time. The addition of a short-term rental will fundamentally alter this neighborhood and set a
poor precedent.
Residents in gated communities have the added protection of their own private security
enforcing the codes. We don't have that luxury and therefore need to depend on ourselves and
the good will of the city to protect us. Please do — otherwise our community's history and the
stability of our family neighborhood will be at high risk.
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