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IL CITY COUNCIL STAFF REPORT
DATE: APRIL 19, 2017 LEGISLATIVE
SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE DEFINITION OF
"ESTATE HOME" IN SECTION 5.25.030 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO ESTATE HOMES AS VACATION
RENTALS.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
This proposed Ordinance amends the definition of "estate homes" as that term is
defined in Chapter 5.25 of the Palm Springs Municipal Code, to include all single family
homes of five or more bedrooms used as vacation rentals.
RECOMMENDATION:
Waive the reading of the text in its entirety; and introduce for first reading Ordinance No.
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE DEFINITION OF "ESTATE HOME" IN SECTION 5.25.030 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO ESTATE HOMES AS VACATION
RENTALS."
STAFF ANALYSIS:
One of the components of the recently adopted Ordinance No. 1918, a comprehensive
revision of the City's vacation rental ordinance, included the introduction of the concept
of treating "estate homes" as a use that would be enforced through a land use permit.
"Estate homes" is a defined term in Ordinance No. 1918 that includes single-family
residences of 5 or more bedrooms within the R-1-13, R-1-A, R-1-AH, or G-R-5 zones of
the City. Subsequent to the adoption of Ordinance No. 1918, however, staff was able to
determine the actual numbers of bedrooms in vacation rental homes. There are 31
single-family homes that meet the definition of estate homes under Ordinance No. 1918.
There are, however, an additional 53 single family homes with 5 or more bedrooms in
the R-1-C zone of the City that are not included in Ordinance No. 1918's definition of an
"estate home."
The Council's subcommittee has reviewed this information and recommends the
Council amend the existing Code to ensure that all single family homes with 5 or more
ITT--'' ^In. \--
City Council Staff Report
April 19, 2017-- Page 2
Estate Homes—Vacation Rentals
bedrooms are treated as estate homes under the regulations of the City's Vacation
Rental Ordinance. Inclusion of all 83 single-family residential homes with 5 or more
bedrooms within the definition of "estate home" will mean that all 83 homes will be
treated in the same way, regardless of the zone in which they are located, including an
occupancy maximum of 12 guests (2 persons per bedroom —with a cap of 6 bedrooms).
All such homes will also be issued a land use permit and will be subject to Planning
Commission oversight and potential revocation or modification of the land use permit as
a result of violations of the Palm Springs Municipal Code.
-Uo-ugla6 Holland David Ready, PhD., E
City Attorney City Manager
Attachment: Draft Ordinance
02
ORDINANCE NO. T
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE DEFINITION OF "ESTATE
HOME" IN SECTION 5.25.030 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO ESTATE HOMES AS
VACATION RENTALS.
City Attorneys Summary
This Ordinance amends the definition of "estate homes" as
that term is defined in Chapter 5.25 of the Palm Springs
Municipal code, to include all single family homes of five or
more bedrooms used as vacation rentals.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. The definition of the term "Estate Home" in Section 5.25.030 of the Palm
Springs Municipal Code is amended to read:
"Estate Home" means a single family dwelling with five or more bedrooms.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _ DAY OF 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
03
STATEMENT TO PALM SPRINGS CITY COUNCIL I April 19, 2017
Michael D. Ziskind, Vice Chair I Protect Our Neighborhoods
mdziskindPgmall.com 760.399.0976
When the vacation rental subcommittee drafted its first proposal,
it indicated that limiting ALL short-term rentals to a maximum of
eight overnight guests—regardless of lot size—was a reasonable
restriction to prevent unlimited small hotels from operating in R1
zones.
Presumably after pressure from the industry, the subcommittee
eliminated the restriction for so-called "estate homes" in
neighborhoods with large lots. The stated rationale was that
neighborhoods with large lots could absorb the larger problems
caused by larger rentals.
Throughout this process, there was never any stated intent that all
ALL large vacation rental homes should be treated the same.
Rather, the rationale for allowing more than eight-overnight
guests in large estate homes on large lots was that those homes
ll 1 1 1� I Page
STATEMENT TO PALM SPRINGS CITY COUNCIL I April 19, 2017
Michael D. Ziskind, Vice Chair I Protect Our Neighborhoods
mdziskindPgmail.com 760.399.0976
wouldn't have the same negative impact as those large homes on
smaller lots.
The current ordinance makes a distinction between the "estate
homes"—homes with five or more bedrooms in areas zoned for
larger lots—and those homes in areas zoned for. smaller lots.
Tonight, the subcommittee is proposing to permit all large STRs,
even those on the smallest lots, to have more than eight overnight
guests. There is no good policy rationale for this change. To
state that this change is necessary because all large vacation
rentals must be treated the same is actually laughable.
Similarly, saying there was no awareness of the actual number of
large homes in areas zoned for smaller lots is not a valid reason
to further weaken the ordinance. Rather, it's a reason to keep it
the same.
[ Wage
STATEMENT TO PALM SPRINGS CITY COUNCIL I April 19, 2017
Michael D. Ziskind, Vice Chair I Protect Our Neighborhoods
mdziskind@gmail.com 760.399.0976
The eight-overnight guest limit impacts 53 STRs with more than
four bedrooms and was one of the few provisions from the original
ordinance with teeth. Once again, this council is caving to
industry pressure.
If the council's concern is with outliers—homes on large lots that
sit in areas zoned for smaller lots—the council could easily
mitigate the problem by amending the ordinance to reference
actual lot sizes, in lieu of the more-general zoning classification,
to determine which large homes can qualify as estate homes.
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