HomeMy WebLinkAbout24381 RESOLUTION NO. 24381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON JUNE 5, 2018, FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING
TO THE PROHIBITION OF VACATION RENTAL OF
SINGLE FAMILY RESIDENCES IN THE CITY
WHEREAS, pursuant to authority provided by statute a petition has been filled
with the legislative body of the City of Palm Springs, signed by at least ten (10%)
percent of the voters of the City, according to the last report of registration by the county
elections official to the Secretary of State, to submit a proposed ordinance amending
the Palm Springs Municipal Code to prohibit the vacation rental of single family
residences in the city; and
WHEREAS, the City Clerk's Office, with assistance from the Riverside County
Registrar of Voters examined the records of registration and ascertained that pursuant
to California Elections Code (EC) Section 9215 the petitions are signed by the requisite
number of voters, and has so certified; and
WHEREAS, on January 24, 2018, the City Council accepted, received, and filed
the Certificate of Sufficiency of Initiative Petition for the prohibition of vacation rental of
single family residences in the City and ordered a report on the initiative measure
pursuant to Election Code Section 9212; and
WHEREAS, the City Council has not voted in favor of the adoption of the
foregoing ordinance; and
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed ordinance to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to charter cities, there is called and ordered to be held in the City of
Palm Springs, California, on Tuesday, June 5, 2018, a Special Election for the purpose
of submitting the following proposed question:
Resolution No. 24381
Page 2
MEASURE _: PROHIBITION OF VACATION RENTAL OF SINGLE FAMILY
RESIDENCES IN THE CITY OF PALM SPRINGS
Shall the City of Palm Springs prohibit vacation rentals in Yes
single family residences? No
SECTION 2. That the proposed complete text of the ordinance submitted to the
voters is attached hereto as Exhibit A.
SECTION 3. That the vote requirement for the measure to pass is a majority
(50% + 1) of the total number of valid ballots cast and counted.
SECTION 4. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 5. The City Clerk is authorized, instructed and directed to coordinate
with the County of Riverside Registrar of Voters to procure and furnish any and all
official ballots, notices, printed matter and all supplies, equipment and paraphernalia
that may be necessary in order to properly and lawfully conduct the election.
SECTION 6. The polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed, pursuant to EC Section 10242,
except as provided in EC Section 14401.
SECTION 7. That in all particulars not recited in this Resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 8. That notice of the time and place holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 9. The City Council authorizes the City Clerk to administer said
election and all reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
SECTION 10. The City reserves all legal rights and remedies arising from or
related to the proposed Ordinance to be submitted to the voters, attached hereto as
Exhibit A.
SECTION 11. The City Clerk of the City of Palm Springs shall certify to the
passage and adoption of this resolution and its approval by the City Council and shall
cause the same to be listed in the records of the City.
Resolution No. 24381
Page 3
ADOPTED THIS 21ST DAY OF FEBRUARY, 2018.
DAVID H. READY, CITY NAGER
A EST:
THON ME CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24381 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 21s' day of February,
2018, by the following vote:
AYES: Councilmembers Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Councilmember Holstege
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Palm Springs, California, this ����day of
ATKONY ME A, CI ERK
Resolution No. 24381 Exhibit A
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ORDINANCE NO.
AN INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
In accord with applicable California law and Section 803 of the Charter of the City of Palm
Springs, the People of the City of Palm Springs hereby ordain as follows:
SECTION 1: Business Regulations Code Amendment. Sections 5.25.020, 5.25.030
and 5.25.075 of Chapter 5.25 of the Palm Springs Municipal Code are hereby amended
to read in their entirety as set forth below with changes shown in s#fikeou and underline:
A. Section 5.25.020 of Chapter 5.25 of the Palm Springs Municipal Code is hereby
amended in its entirety to read as follows:
"5.25.020 Findings.
The City Council finds and determines as follows:
(a) The primary use of single-family and multi-family dwelling units in the City of Palm
Springs is the provision of permanent housing for full time and part time residents
of the City who live and/or work in the City. Vacation Rentals and Homesharing
are not uses specifically recognized in the City's Zoning Ordinance, nor are these
uses expressly identified as uses permitted in single-family or multifamily zones.
Vacation Rental and Homesharing are similar in character and use as hotels and
other commercial short term uses and can only be permitted in Single Family „r
multi-family zones if such uses are ancillary and secondary to the multi-family
residential use of property. This Ordinance confirms Vacation Rentals and
Homesharing as ancillary and secondary uses of for privately owned individual
multi-family dwelling units, including without limitation Condominiums, and
prohibits them for R-1 zoned Single Family and rental Apartment residential
property in the City.
(b) The purpose of this Chapter is to establish a regulatory program for short term
Vacation Rental and Homesharing lodging, with appropriate standards that
regulate vacation rental of residential property, minimize adverse effects of
Vacation Rental uses on surrounding residential neighborhoods, ensure that
,,. eatieA Fent l Vacation Rentals and Homesharing are ancillary and secondary
uses of privately owned multi-family residential dwelling units, including without
limitation Condominium units, consistent with the provisions of the City's Zoning
Ordinance, preserve the character of neighborhoods in which Vacation Rental
and Homesharing uses occur, and provide an administrative procedure to
preserve existing visitor serving opportunities and increase and enhance public
access to areas of the City and other visitor destinations.
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Resolution No. 24381 Exhibit A
Page 5
(c) Limiting Vacation Rental and Homesharing lodging to �Single Family privatel
owned multi-family dwelling units, including without limitation Condominium units
subject to the regulations provided in this Chapter and prohibiting Vacation
Rental in rental Apartments aad but allowing Homesharing lodging in R-1 Single
Family residences will safeguard, preserve, and protect residential housing stock
in the City.
(d) The adoption of a comprehensive code to regulate issuance of, and attach
conditions to, Registration Certificates for Vacation Rental and Home Sharing
lodging in privately owned multi-family residential dwelling units and to
Registration Certificates for Homesharing lodging within Single Family residential
neighborhoods and for rental Apartments and the related use of residential
property preserves the public health, safety, and welfare. This Chapter provides
a permitting process and imposes operational requirements consistent with the
ancillary and secondary status of Vacation Rentals and Homesharing, for the
purpose of minimizing the potential adverse impacts of transient uses in RR=1
Single Family residential neighborhoods.
(e) This Chapter is not intended to regulate hotels, motels, inns, time-share units, or
non-vacation type rental arrangements including, but not limited to lodging
houses, rooming houses, convalescent homes, rest homes, halfway homes, or
rehabilitation homes."
B. Section 5.25.030 of Chapter 5.25 of the Palm Springs Municipal Code is hereby
amended in its entirety to read as follows:
"5.25.030 Definitions. For purposes of this Chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this Section:
"Apartment" means (a) a residential unit subject to rent or lease by the owner of in a
multi-family develepment structure of two (2) dwelling units where both dwelling units
are rented or leased for occupancy as a residence for individual families, and (b) a
residential unit subject to rent or lease by the owner of in-a multi-family development
structure of three (3) or more dwelling units. A privately owned individual dwelling unit
in a Condominium project or other multi-family development shall not constitute an
"Apartment."
"Applicant" means the Owner.
"Bedroom" means an area of a Vacation Rental normally occupied and being heated
or cooled by any equipment for human habitation, which is 120 square feet and
greater in size, consists of four walls to the ceiling, at least one of which is located
along an exterior wall with a window, and contains a built-in closet.
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Resolution No. 24381 Exhibit A
Page 6
"Business Entity" means a corporation, partnership, or other legal entity that is not a
natural person or a personal or family trust or a limited liability company consisting
solely of natural persons.
"Change of Property Ownership" means the transfer of title from one person to
another.
"Cluster or Compound" means any two or more Vacation Rentals that operate on a
unified or shared basis where residents of such Vacation Rentals have exclusive
access to more than one Vacation Rental and/or the facilities of such Vacation
Rentals, including by way of example, a swimming pool, tennis court, or cooking
facilities.
"Condominium unit" means an individual dwelling unit in a multi-family structure that
is individually owned, where each owner receives a recordable deed to each
individual unit purchased, including the right to sell or mortgage each unit and sharinq
in joint ownership of any common grounds and passageways.
"Contract" means an agreement or evidence of any tenancy that allows or provides
for the Vacation Rental of property.
"Daytime occupancy" means the hours between 10:00 am and 10:00 pm.
"Daytime occupants" mean the guests who may occupy a Vacation Rental during a
daytime occupancy.
"Enforcement Official" means the City Manager, the Police Chief, the Fire Marshall,
the Building Official, or one or more of their respective designees.
"Exclusive listing arrangement" means a written agreement between an Owner and
an agent or representative where the agent or representative has the sole and
exclusive right to rent or lease a Vacation Rental unit to any person and the Owner
is prohibited from renting or leasing the Vacation Rental unit except through the
Owner's agent or representative.
"Estate Home" means a Single Family dwelling with five or more bedrooms located
on property zoned R ' B, R ' ^ R ' AM, ^ G-R-5."
"Good cause" for the purposes of denial, suspension, revocation, imposition of
conditions, renewal, and reinstatement of a Vacation Rental Registration Certificate,
means (1) the Applicant, Owner, the Owner's Agent, or the Local Contact Person has
failed to comply with any of the terms, conditions, or provisions of this Chapter or any
relevant provision of this Code, State law, or any rule or regulation promulgated
thereunder; (2) the Applicant, Owner, Owner's Agent, or Local Contact Person has
failed to comply with any special conditions that were placed upon the Vacation
Rental Registration Certificate by the Enforcement Official; or(3) the Vacation Rental
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Resolution No. 24381 Exhibit A
Page 7
has been operated in a manner that adversely affects the public health or welfare or
the safety of the immediate neighborhood in which the Vacation Rental is located.
"Good Neighbor Brochure" means a document prepared by the Enforcement Official
that summarizes general rules of conduct, consideration, and respect, including
without limitation provisions of the Palm Springs Municipal Code applicable to or
expected of guests to the City.
"Homeshare Interest" means a portion of an Owner's home that is subject to
homesharing as provided in this Chapter.
"Homesharing" means an activity whereby the Owner hosts visitors in the Owner's
home, for compensation, for periods of twenty-eight (28) consecutive days or less,
while the Owner lives on-site and in the home, throughout the visitor's stay.
"Hotline" means the telephonic service operated by or for the City for the purpose of
receiving complaints regarding the operation of any Vacation Rental and the
forwarding of such complaints to the appropriate city enforcement officials or, if
applicable, the Local Contact Person. For the purposes of this Chapter, the term
"Hotline" also includes any contact in person or by telephone, email, and digital or
electronic communication, or correspondence of any kind to and/or from any
Enforcement Official.
"Local contact person" means the Owner, a local property manager, or agent of the
Owner, who is available twenty-four hours per day, seven days per week for the
purpose of responding in-person within thirty (30) minutes to complaints regarding
the condition, operation, or conduct of occupants of the Vacation Rental, or any agent
of the Owner authorized by the Owner to take remedial action and who responds to
any violation of this code.
"Owner" means the natural person or persons who is/are the owner of record of the
Property. The term "Owner" also includes a personal or family trust consisting solely
of natural persons and the trustees of such trust or a limited liability company and the
members of such company, insofar as the disclosure requirements pursuant to
Section 5.25.085 are satisfied. The term "Owner" does not include a Business Entity.
"Property" means a privately owned multi-family residential legal lot of record,
including without limitation Condominiums, on which a Vacation Rental is located.
"Rental Term" means the period of time a Responsible Person rents or leases a
Vacation Rental.
"Responsible Person" means an occupant of a Vacation Rental who is at least
twenty-five (25) years of age and who shall be legally responsible for compliance of
all occupants of the unit and/or their guests with all provisions of this Chapter and/or
this code.
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Resolution No. 24381 Exhibit A
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"Single Family Residence" means a Single Family dwelling unit located on property
zoned R-1-B. R1-A, R-1-B, R-1-C, R-1-D or R-1-AH or any other R-1 classification."
"Third Quarter" means the entire months of July, August, and September in one
calendar year.
"Vacation Rental" means an SeRo'�,s.e-Family individually rented unit in a multi-family
structure, including without limitation Condominium units, or any portion thereof,
utilized for occupancy for dwelling, lodging, or sleeping purposes without the Owner
being present for a period of twenty-eight (28) consecutive days or less, other than
ongoing month-to-month tenancy granted to the same renter for the same unit,
occupancy of a time-share basis, or a Condominium hotel as defined in Section 91
.00.10 of this Code. The term "Vacation Rental' is synonymous with "short term
rental' and "transient use" and does not include homesharing.
"Vacation Rental Registration Certificate" or "Registration Certificate" means the
annual permit and/or a registration for a Vacation Rental or a Homeshare Interest
issued by the City pursuant to this Chapter."
C. Section 5.25.075 pf Chapter 5.25 of the Palm Springs Municipal Code is hereby
amended in its entirety to read as follows:
"5.25.075 Specific Prohibitions.
(a) No person or entity shall offer or provide a Single Family Residence or an-a rental
Apartment, or any portion thereof, for rent for 28 consecutive days or less to any
person.
(b) No person or entity shall maintain any advertisement of a Vacation Rental that is
in violation of any provision of this Chapter.
(c) No person, including without limitation, the owner of a Single Family Residence
or the owner of a rental Apartment structure, as a rental Apartment manager, or
a representative of the rental Apartment owner or manager, shall evict any tenant
or otherwise terminate a lease for the purpose of converting as a rental
Apartment to a Vacation Rental or in anticipation of converting a-R a rental
Apartment to a Vacation Rental. In addition to any other remedy provided under
the Palm Springs Municipal Code, failure to comply with this provision may be
asserted as an affirmative defense in an action brought by or on behalf of the
owner of a Single Family Residence or an owner of an-a rental Apartment
structure, rental Apartment manager, or representative to recover possession of
the unit. Any attempt to recover possession of a unit in violation of this Ordinance
shall render the rental Apartment structure owner, rental Apartment manager, or
representative liable to the tenant for actual or punitive damages, including ,
damages for emotional distress, in a civil action for wrongful eviction. The tenant
may seek injunctive relief and money damages for wrongful eviction and the
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Resolution No. 24381 Exhibit A
Page 9
prevailing party in an action for wrongful eviction shall recover costs and
reasonable attorneys' fees.
(d) The provisions of Subsection (a) of this Section shall not apply to or be enforced
against any person or entity who rents an a rental Apartment or portion thereof
pursuant to a valid Wacation Registration Certificate issued prior to April 15,
2016 for the period of time between April 15, 2016 through January 1, 2019. The
purpose of this deferral of the enforcement of the provisions of this Section is for
persons or entities issued valid vacation registration certificates prior to April 15,
2016 to be afforded a reasonable opportunity to recoup costs reasonably
invested for Vacation Rental use of rental Apartments and which may not have
been recouped during the period of Vacation Rental use of the rental Apartment
and which cannot be recouped once the Vacation Rental use is terminated.
(e) The provisions of Subsection (a) of this Section, Subsection 5.25.040(b) [limits
on number of units], and Subsection 5.25.070(b) [limits on number of Contracts]
shall also not apply to any building in which an Apartment is located that meets
all requirements of an R-1 occupancy under the City's building and fire code and
for which such Apartment has a valid Vacation Rental Registration Certificate
issued prior to April15, 2016.
(f) The provisions of Subsection (a) of this Section shall not apply to or be enforced
against any person or entity who rents a Single Family Residence or portion
thereof pursuant to a valid Vacation Registration Certificate issued prior to the
effective date of this ordinance for a period of twenty-four months. The purpose
of this deferral of the enforcement of the provisions of this Section is for persons
or entities issued valid vacation registration certificates prior to the effective date
of this ordinance to be afforded a reasonable opportunity to recoup costs
reasonably invested for Vacation Rental use of Single Family residences and
which may not have been recouped during the period of Vacation Rental use of
the Single Family residence and which cannot be recouped once the Vacation
Rental use is terminated.
(g) The provisions of Subsection (a) of this Section, Subsection 5.25.040(b) [limits
on number of unitsl, shall also not apply for a period of twenty-four months after
the effective date of this ordinance to any Single Family Residence that meets
all requirements of an R-1 occupancy under the City's building and fire code and
for which such Single Family Residence has a valid Vacation Rental Registration
Certificate issued prior to the effective date of this ordinance.
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Resolution No. 24381 Exhibit A
Page 10
SECTION 2. Severability
A. In interpreting this initiative measure or resolving any ambiguity thereof, the City
Council and all other City entities charged with implementing or enforcing this initiative
measure or any part of it, as well as any reviewing court, shall interpret this initiative
measure in the manner which most vigorously and effectively accomplishes its
purposes and operative provisions.
B. If any portion of this initiative measure is hereafter determined to be invalid by a court
of competent jurisdiction, all remaining portions of this initiative measure shall remain
in full force and effect. Each section, subsection, sentence, phrase, part or portion of
this initiative measure would have been adopted and passed irrespective of the fact
that any one or more sections, subsections, sentences, phrases, parts or portions be
declared invalid or unconstitutional.
Section 3. Implementation
A. On the effective date of this initiative measure as provided by California law (the
"Effective Date"), all provisions this initiative measure are inserted into and become
part of the City of Palm Springs Code.
B. No provision of the City of Palm Springs Code that is inconsistent with this initiative
measure shall be enforced after the Effective Date.
C. Adoption of this initiative measure is essential to the preservation of the quality of life,
property values and the health, safety and general welfare interests of residents and
property owners within the City.
Section 4. Amendment and Repeal
This initiative measure and all of its provisions may be amended or repealed only by a
majority vote of the electorate.
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