HomeMy WebLinkAbout3A - Supplemental ReportSUPPLEMENTAL
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 BUSINESS AND LEGISLATIVE
SUBJECT: DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, AMENDING AND
RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS; AND
POTENTIAL ACTION REGARDING THE EXISTING MORATORIUM ON
THE PROCESSING AND ISSUANCE OF VACATION RENTAL
CERTIFICATES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Special Program Compliance
SUMMARY:
This is a supplemental staff report for Agenda Item 3A. It is intended to clarify two points
contained in the original staff report.
First, there was a discrepancy between the staff report and the draft ordinance, with
regard to the proposed Grandfathering/Grandparenting time period, in relation to the
maximum number of contracts per year. Specifically, the draft ordinance contains the
Grandfathering/Grandparenting time period that was mentioned at the October 17, 2022
meeting – two (2) years. However, the staff report inadvertently references a possible
five (5) year Grandfathering/Grandparenting time period, which was the
Grandfathering/Grandparenting time period proposed for owners to live in their Palm
Springs property.
In this regard, it is worth noting that the draft ordinance is just that—a draft. Along with
draft text, it contains several numbers that are proposals. For instance, the
Grandfathering/Grandparenting time period, the maximum number of contracts, the date
that delineates “existing permittees” from “new permittees”, are all numbers that may be
modified by the City Council prior to any introduction or adoption of the draft ordinance.
Second, page 3 of the staff report provides, “contract summary submission is on an honor
system”. To clarify, contract submission is a legal requirement, which is codified in the
City’s Vacation Rental ordinance. (PSMC, 5.25.070(h) (Operational Requirements and
Standard Conditions) & 5.25.090(d) (Violations) The quoted language was intended to
Item 3A - Supplemental Report
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City Council Staff Report
November 10, 2022 -- Page 2
Vacation Rental Ordinance (Supplemental Staff Report)
convey the fact that, in most instances, it is difficult (though not impossible) to prove a
violation of this legal requirement. For instance, unless a property owner is caught
violating the City’s ordinance, or there is some other circumstantial evidence, it can be
difficult to prove that a property owner actually rented his or her property on a short term
basis without submitting the required summary. However, the legal obligation to submit
contract summaries before the short term occupancy exists, as a matter of law.
REVIEWED BY:
Special Programs Director: Veronica Goedhart
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
Item 3A - Supplemental Report
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