HomeMy WebLinkAbout3/15/2017 - STAFF REPORTS - 2.C. iy
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`P City Council Staff Report
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DATE: March 15, 2017 Public Hearing
SUBJECT: CONDUCT PUBLIC HEARING REGARDING SECOND READING AND
ADOPTION OF ORDINANCE NO. 1918 "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS."
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY:
The City Council will consider adoption of Ordinance No. 1918, relating to an
amendment and restatement of Chapter 5.25 of the Palm Springs Municipal Code and
the addition of Section 93.23.16 to the Palm Springs Municipal Code, relating to
vacation rentals in the City.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Waive the second reading of the ordinance text in its entirety.
3. Adopt Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING
SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO
VACATION RENTALS."
STAFF ANALYSIS:
On February 15, 2017, Ordinance No. 1918 was introduced for first reading and referred
to the Planning Commission for hearing, review, and comment. The Planning
Commission's hearing will be conducted on March 15, 2017, prior to the Council
meeting. The Director of Planning Services will provide a verbal report of the Planning
Commission's recommendations at the Council hearing.
Council Ordinance No. 1907, a prior ordinance of the City that revised the City's
regulatory program relating to vacation rentals in the City, had been the subject of a
successful referendum and was rescinded on February 15, 2017. The current
Ordinance No. 1918, is a new regulatory ordinance that is not essentially the same as
ITEM NO. Z $C•
ADOPTION OF ORDINANCE NO. 1918
March 15, 2017
Page 2 of 2
rescinded Ordinance No. 1907. Ordinance 1907's prohibition on multiple ownerships
contained an amortization period that would require Owners to dispose of vacation
rental properties by the end of the amortization period. As noted above, the new
ordinances grandfathers all existing ownerships thereby allowing Owners to continue to
operate vacation rental properties they currently own until they sell or otherwise choose
to dispose of each property. Ordinance 1907 allowed a maximum of 32 vacation rental
contracts per property; this Ordinance allows an additional 4 vacation rental contracts
during the summer months. Ordinance 1907 provided exceptions from certain
occupancy limitations as applied to estate homes; this Ordinance includes vacation
rental estate homes as a use subject to a land use permit coupled with an
administrative review before the Planning Commission under certain circumstances.
This Ordinance also includes additional requirements on Owners and their agents and
representatives, including periodic training and testing, prohibitions on gardening and
property maintenance on weekends, requires face to face meetings with a Responsible
Party, and securing written acknowledgements of rules and regulations from all guests.
The Council will receive a report from the Director of Planning Services on the
recommendation of the Planning Commission, which reviewed the land use permit
approach for estate homes used for vacation rentals. In the event the City Council
wishes to make revisions to Ordinance No. 1918 after the Council conducts its hearing,
The Council should take action on such amendments, reintroduce the ordinance (first
reading) and continue the matter to the Council's meeting of April 5, 2017 for adoption.
If the Council is satisfied with Ordinance No. 1918 as introduced and attached to this
Staff Report, the City Council can adopt Ordinance No. 1918 and it will become
effective in 30 days.
Douglas olland David H. Ready, Es
City Attorney City Manager
Attachments:
Ordinance No. 1918
02
ORDINANCE NO. 1918
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO VACATION
RENTALS.
City Attorney's Summary
This Ordinance amends and restates in full the City's
adopted Vacation Rental Ordinance. This Ordinance
imposes additional restrictions on occupancy and use of
vacation rental properties in Palm Springs different and
complimentary to restrictions initially included in Ordinance
No. 1907, and provides additional enforcement oversight.
The City Council of the City of Palm Springs ordains:
SECTION 1. Chapter 5.25 of the Palm Springs Municipal Code is amended to read:
Chapter 5.25
VACATION RENTALS
5.25.010 Title.
This Chapter shall be referred to as the "Vacation Rental Ordinance."
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 multi-family zones. Vacation
Rentals and Homesharing are similar in character and use as hotels and other
commercial short term uses and can only be permitted in single-family or multi-family
zones if such uses are ancillary and secondary to the residential use of property. This
Ordinance confirms Vacation Rentals and Homesharing as ancillary and secondary
uses of residential property in the City.
(b) The purpose of this Chapter is to establish a regulatory program for 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 vacation rentals and homesharing
are ancillary and secondary uses of residential property consistent with the provisions of
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Ordinance No. 1918
Page 2
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.
(c) Limiting Vacation Rental and Homesharing lodging to single-family dwelling units
subject to the regulations provided in this Chapter and prohibiting Vacation Rental and
Homesharing lodging in apartments 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 Homesharing lodging
within single-family residential neighborhoods 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 on 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.
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 in a multi-family development 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 in a multi-family development
of three (3) or more dwelling units.
"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.
"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.
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Ordinance No. 1918
Page 3
"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.
"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-1-B, R-1-A, R-1-AH, or 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 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.
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Ordinance No. 1918
Page 4
"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, 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 residential legal lot of record 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.
"Third Quarter" means the entire months of July, August, and September in one
calendar year.
"Vacation Rental" means a single-family dwelling, 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.
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Ordinance No. 1918
Page 5
"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.
5.25.040 Registration Certificate Required.
(a) The operation of a Vacation Rental or a Homeshare Interest without a Vacation
Rental Registration Certificate is prohibited.
(b) A Vacation Rental Registration Certificate shall not be issued to any Business
Entity other than a limited liability company. A natural person, limited liability company,
or personal or family trust shall not maintain any financial interest in more than one
Vacation Rental. For this purpose, financial interest includes both legal and beneficial
ownership as well as any arrangement that provides for receipt of any portion of the
revenues generated by the Vacation Rental. An Owner shall only be issued, and can
only maintain, one Vacation Rental Registration Certificate at any time.
(c) The provisions of Subsection (b) of this Section shall not apply to or be enforced
against any Owner who operates a Vacation Rental pursuant to a valid Vacation Rental
Registration Certificate issued prior to January 10, 2017 and shall only apply to each
specific Vacation Rental owned by such Owner as of January 10, 2017 and only so
long as such Owner for each Vacation Rental complies with the provisions of this Code.
The purpose of this exception is to afford current owners of vacation rental property a
reasonable opportunity to recoup costs reasonably invested for vacation rental use and
which may not have been recouped during the period of vacation rental use and which
cannot be recouped once the vacation rental use is terminated.
(d) Each Owner of a Vacation Rental who rents, exchanges, trades, gifts, or grants
such Vacation Rental for a period of twenty-eight (28) consecutive days or less shall
fully comply with all provisions of this Chapter related to the use and occupancy of a
Vacation Rental, and the operational requirements, provided in this Chapter. Each
rental, exchange, trade, gift, and grant of a stay of less than twenty-eight (28) days shall
count as one Contract.
(e) No Owner of residential property in the City shall rent any Homeshare Interest
for a period of twenty-eight consecutive days or less without a valid Rental Registration
Certificate for Homesharing pursuant to this Chapter for such Homesharing Interest.
(f) A copy of the current Registration Certificate as issued by the City and the
maximum number of guests allowed on the premises shall be displayed in a clear and
legible manner in a conspicuous and easily accessible location in the unit and on all
advertising related to each Vacation Rental or Homesharing Interest, including without
limitation, web based advertising, hosting platform, print media, and television.
(g) The issuance and or renewal of a Registration Certificate shall be deemed
evidence that the holder of such Registration Certificate has registered a vacation rental
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Ordinance No. 1918
Page 6
property with the City and that the holder acknowledges the holder's obligation to
comply with all provisions of this Chapter and the Code. The issuance of a Registration
Certificate shall not be construed as bestowing or granting any vested right or
entitlement.
5.25.050 Agency.
(a) An Owner may retain an agent with an exclusive listing arrangement or a
representative to assist in the compliance with the requirements of this Chapter,
including, without limitation, the filing of a complete Vacation Rental registration the
management of the Vacation Rental unit or units, and compliance with the
requirements of this Chapter including the collection and payment to the City of all
transient occupancy taxes due and payable on the Vacation Rental unit. The Owner and
any such agent or representative of Owner must have the authority to evict any tenant,
resident, or guest permitted to reside at the Vacation Rental for violation of any
provision of this Chapter or regulation thereof. Except as provided in Subsection (b) of
this Section and notwithstanding any agency relationships between an Owner and an
agent or representative, the Owner of the Vacation Rental unit or units shall execute all
applications and documentary requirements as provided in this Chapter and shall
remain responsible for compliance with the provisions of this Chapter. The failure of an
agent to comply with this Chapter shall not relieve the Owner of the Owner's obligations
under the provisions of this Chapter.
(b) In the event an Owner enters into an exclusive listing arrangement, the Vacation
Rental registration certificate may be secured, and the transient occupancy registration
certificate requirements provided in this Chapter may be performed, by the agent or
representative and not by the Owner; however, the agent or representative shall
separately account all revenues and costs on a per property basis, including without
limitation transient occupancy taxes and the gross rent amounts used to calculate such
taxes.
5.25.060 Vacation Rental Registration Requirements.
(a) Prior to use of a property as a Vacation Rental, and annually thereafter, the
applicant shall register the property as a Vacation Rental with the City on a registration
form furnished by or acceptable to the Enforcement Official and signed by the applicant
under penalty of perjury. Each application shall contain the following information:
(1) The name, address, and telephone number of the Owner of the unit for
which the Vacation Rental registration certificate is to be issued. The name,
address and telephone numbers of any other natural persons, limited liability
companies or personal or family trusts that hold any financial interests in the
Vacation Rental as well as copies of legal documents creating such financial
interests.
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Ordinance No. 1918
Page 7
(2) The name, address, and telephone number of the exclusive listing agent,
if any, of the Owner of the unit.
(3) The name, address, and twenty-four-hour telephone number of the Local
Contact Person and verification that the Local Contact Person can respond in-
person to the site of the Vacation Rental within thirty (30) minutes. The Local
Contact Person may only use the address of the Vacation Rental if the Local
Contact Person will be present at the unit for the duration of each Contract.
(4) The address of the residential property proposed to be used as a Vacation
Rental.
(5) The number of bedrooms and the applicable overnight and daytime
occupancy limit of the unit consistent with the provisions of Section 5.25.070 (c).
(6) Evidence of a valid business license issued by the City for the separate
business of operating Vacation Rentals or submission of a certificate that Owner is
exempt or otherwise not covered by the City's Business Tax Ordinance (Division Il,
Title 3 of the Palm Springs Municipal Code) for such activity.
(7) Evidence of a valid transient occupancy registration certificate issued by
the City for the Vacation Rental unit.
(8) Acknowledgement of receipt and inspection of a copy of all regulations
pertaining to the operation of a Vacation Rental.
(9) Executed indemnification and hold harmless agreement in a form
approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless,
and defend the City of Palm Springs, the City Council of the City of Palm Springs,
individually and collectively, and the City of Palm Springs representatives, officers,
officials, employees, agents, and volunteers from any and all claims, demands,
damages, fines, obligations, suits, judgments, penalties, causes of action, losses,
liabilities, or costs at any time received, incurred, or accrued as a result of, or
arising out of Owner's actions or inaction in the operation, occupancy, use, and/or
maintenance of the Property.
(10) Evidence of insurance coverage as required under Section 5.25.070(t) of
this Chapter.
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Ordinance No. 1918
Page 8
(11) Completion of building, fire, and safety inspection and completion of any
corrections identified by an Enforcement Official. Such inspections shall include a
review of the premises for compliance with the operational requirements of this
Chapter, including without limitation determining the total number of qualified
bedrooms.
(12) Written acknowledgement in a form approved by the Enforcement Official
that there are no covenants or other deed restrictions on the property that prohibit
or limit the use of the property as a Vacation Rental. The Enforcement Official may
accept a written consent from the governing board of a homeowners' association
with jurisdiction over the property in satisfaction of this requirement.
(13) Such other information as the Enforcement Official deems reasonably
necessary to administer this Chapter.
(b) The registration of a Vacation Rental shall be accompanied by a fee established
by resolution of the City Council; provided, however, the fee shall be no greater than
necessary to defer the cost incurred by the City in administering the provisions of this
Chapter.
(c) A Vacation Rental registration certificate shall be denied if a registration
certificate for the same unit and issued to the same Owner has previously been revoked
pursuant to Section 5.25.090. The denial of a registration certificate for any reason may
be appealed in accordance with to the provisions of Chapter 2.50 of the Municipal
Code.
(d) Upon Change of Property Ownership, the Registration Certificate shall expire
and the property shall not be used as a Vacation Rental until the new or successor
Owner is issued a Vacation Registration Certificate for the property. The provisions of
Section 5.25.040(b) shall be applicable to any such new or successor Owner. In the
event of a change in agent or the occurrence of any other material fact set forth in the
annual registration, a new registration for a Vacation Rental shall be required to
continue operation of the Vacation Rental and within seven days of said change the
Owner or his or her exclusive listing agent shall submit the required registration and fee.
(e) The Owner or his or her exclusive listing agent shall cancel the Vacation Rental
Registration Certificate within seven (7) days of the date the Vacation Rental is sold or
otherwise disposed of or after an event that results in the unit no longer in use as a
Vacation Rental.
(f) Each applicant for a Registration Certificate, including without limitation the
Owner and the Owner's agent and/or representative, shall annually attend and/or
participate in an educational program devised and administered by the City Manager for
the purpose of training applicants for vacation rental registration certificates, or renewals
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Ordinance No. 1918
Page 9
thereof, on their respective roles and responsibilities in the successful administration
and compliance with the City's Vacation Rental program. Each applicant shall annually
take a test prepared and administered by the City Manager regarding each applicant's
role and responsibilities in the Vacation Rental Program and Registration Certificates
will not be issued or renewed until the applicant has successfully passed such test.
5.25.070 Operational Requirements and Standard Conditions.
(a) The Owner shall use reasonably prudent business practices to ensure that the
Vacation Rental unit complies with all applicable codes regarding fire, building and
safety, health and safety, and all other relevant laws.
(b) No more than thirty-two (32) Contracts for Vacation Rental use of a property shall
be allowed or provided in any calendar year; however, up to four (4) additional
Contracts shall be allowed or provided for the Third Quarter of a calendar year so long
as the entire term of each such Contract occurs during such Third Quarter A Contract
includes any occupancy of a property subject to a Vacation Rental registration
certificate by persons other than the Owner when the Owner is not present during such
occupancy, regardless of whether compensation is paid for such occupancy or whether
occupancy is evidenced in an agreement or document.
(i) In the event the number of fully executed and enforceable Contracts for a
Vacation Rental of a property for calendar year 2017 exceed the Contract
limitations provided above as of February 15, 2017, such limitations shall not
apply; however, no new or additional Contracts for such property shall be allowed
for calendar year 2017.
(ii) For the first year a Vacation Registration Certificate is in effect, the thirty-
two (32) contract limit shall be prorated based on the number of months that
elapse prior to the subsequent calendar year and in the event any portion of the
Third Quarter occurs during the first year a Vacation Registration Certificate is in
effect, the four(4) additional Contracts may be used during such Third Quarter.
(iii) Notwithstanding the restrictions imposed by this Subparagraph, the Owner
at the time an application or renewal is submitted can designate and file with the
Enforcement Official the names of up to five (5) persons who may occupy the
Vacation Rental unit at no cost and without requiring the presence of the Owner
on the premises of the Vacation Rental. Each such occupancy shall fully comply
with all other provisions of this Chapter.
(c) The Owner shall limit overnight occupancy of the Vacation Rental unit to a
specific number of occupants, with the maximum number of occupants as no more than
two (2) persons per bedroom within each Vacation Rental unit and a maximum of no
more than eight (8) persons total within the Vacation Rental unit, except that Owner
may allow up to two (2) minor children, age 12 or under, to occupy the Vacation Rental
in addition to the maximum number of occupants otherwise provided in this Subsection.
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Ordinance No. 1918
Page 10
The number of bedrooms in a Vacation Rental shall be verified by the Enforcement
Official using County Assessor and/or City Building records and/or a physical inspection
of the premises, prior to the issuance of a Registration Certificate. The Owner may also
allow up to four (4) daytime occupants in addition to the total number of guests allowed
for overnight occupancy pursuant to this Subsection. No more than one (1) automobile
per bedroom shall be allowed for each Vacation Rental. Advertising and/or renting one
or more Vacation Rentals as part of a cluster or compound is prohibited.
(d) The Owner of an Estate Home shall be exempt from the limitations of Subsection
(c) of this Section for up to two (2) additional bedrooms for housing to accommodate no
more than two (2) persons for each additional bedroom approved pursuant to the
Exemption up to a maximum of twelve (12) guests and up to two (2) minors age twelve
(12) and under.
(e) During the Rental Term each Vacation Rental unit is rented, the Owner, his or
her agent, and/or the Local Contact Person designated by the Owner, after being
contacted by the Enforcement Official, shall be available twenty-four hours per day,
seven days per week, for the purpose of (1) responding by telephone within fifteen (15)
minutes of complaints from or through the Hotline and (2) responding in-person within
thirty (30) minutes to any additional or successive complaints regarding the condition,
operation, or conduct of occupants of the Vacation Rental.
(f) The Owner shall use reasonably prudent business practices to ensure that the
occupants and/or guests of the Vacation Rental unit do not create unreasonable noise
disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code
or any state law.
(g) Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical
instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the
producing or reproducing of any sound shall be conducted within a fully enclosed
Vacation Rental unit and shall not be audible at the property line of the Vacation Rental.
(h) Prior to occupancy pursuant to each separate occasion of rental of a Vacation
Rental, the Owner or the Owner's agent or representative shall enter into a written
Contract with a Responsible Person where (1) the Responsible Person will provide the
Responsible Person's name, age, address, and a copy of a government issued
identification; (2) establishes and sets out the terms and conditions of the Contract,
including without limitation occupancy limits, noise prohibitions, and vehicle parking
requirements; (3) requires the Responsible Person to acknowledge and agree that he or
she is legally responsible for compliance of all occupants of the Vacation Rental or their
guests with all provisions of this Chapter and/or the Municipal Code; (4) the Owner or
the Owner's Agent provides a copy of the "Good Neighbor Brochure" to the Responsible
Person; (5) the Responsible Person provides a list of all guests by name; and (6) the
Responsible Person provides a list of all guests' vehicles, including license plate
numbers. Each Contract shall be maintained by the Owner or the Owner's Agent for a
minimum of four (4) years and shall be readily available for inspection upon request of
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Ordinance No. 1918
Page 11
the Enforcement Official. A summary or abstract of the written Contract, in a form
approved by the Enforcement Official, shall be filed with the Enforcement Official prior to
occupancy, in a manner approved by the Enforcement Official, and shall be posted in a
conspicuous location on the Vacation Rental property and shall be made available on
site at the request of an Enforcement Official.
(i) The Enforcement Official shall be the first responder and have primary
responsibility for the enforcement of this Chapter. In the event the Enforcement Official
notifies the Owner, or his or her agent, the Owner, or his or her agent, that the
responsible person, including any occupant and/or guest of the Vacation Rental unit,
has created unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of provisions of the Municipal Code or any state law, shall promptly
respond in a timely and appropriate manner to prevent a recurrence of such conduct by
those occupants or guests, and evict one or more of the guests when requested by the
Enforcement Official. For the purpose of this Subsection and Subsection Q) below, the
phrase "in a timely and appropriate manner" shall mean in-person contact within thirty
(30) minutes for any call from the Enforcement Official.
Q) Failure of the Owner or his or her agent to respond to calls or complaints
regarding the condition, operation, or conduct of occupants of the Vacation Rental in a
timely and appropriate manner shall be grounds for imposition of penalties as set forth
in this Chapter. It is not intended that an Owner, agent, or Local Contact Person act as
a peace officer or place himself or herself in an at-risk situation.
(k) Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the collectors and between the hours of five
a.m. and eight p.m. on scheduled trash collection days. The Owner of the Vacation
Rental unit shall use reasonably prudent business practices to ensure compliance with
all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and
Diversion), and shall provide "walk-in service" or as may otherwise be approved by the
Enforcement Official.
(1) All home repairs (external and internal), garden and yard maintenance, and pool
cleaning and maintenance shall not be performed between the hours of 5:00 pm on
Friday through 8:00 am on Monday, except in the case of an emergency or the
occurrence of an unexpected event that reasonable warrants a timely or immediate
response. Repairs and maintenance shall not be scheduled in advance to occur during
the days and time specified in this subsection.
(m) The Owner or the Owner's agent or representative shall meet the Responsible
Party in person at the Vacation Rental or the Owner's or Owner's agent's office prior to,
or within twenty-four (24) hours of, the commencement of the occupancy and verbally
explain and describe all rules and regulations applicable to the use of the property as a
Vacation Rental and the responsibilities of the Responsible Party to the neighbors and
the City as well as the Owner. The Owner shall secure the signature of the Responsible
Party and all adult guests to a statement of rules and regulations prepared by the City
t3
Ordinance No. 1918
Page 12
Manager prior to or within twenty-four (24) hours of the arrival of the guest at the
Vacation Rental.
(n) The Owner of the Vacation Rental unit shall post a copy of the Registration
Certificate and a copy of the conditions set forth in this Section, including all rules and
regulations applicable to the use of the property as a Vacation Rental, on the inside of
the front door and the primary door to the backyard or in a conspicuous location near
each such door.
(o) The Owner shall provide each occupant of a Vacation Rental with the following
information prior to occupancy of the unit and/or post such information in a conspicuous
place within the unit:
(1) The name of the managing agency, agent, rental manager, Local Contact
Person, or Owner of the unit, and a telephone number at which that party may be
reached on a twenty-four-hour basis;
(2) The maximum number of occupants permitted to stay in the unit;
(3) The trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash or refuse on the exterior of the property;
(4) Notification that any radio receiver, musical instrument, phonograph,
loudspeaker, sound amplifier, or any machine or device for the producing or
reproducing of any sound shall only be operated within a fully enclosed Vacation
Rental unit and shall not be audible at the property line of the Vacation Rental;
(5) Notification that the occupant may be cited or fined by the City and/or
immediately evicted by the Owner pursuant to state law, in addition to any other
remedies available at law, for creating a disturbance or for violating any provision of
this Chapter;
(6) Notification that failure to conform to the occupancy requirements of the
Vacation Rental unit is a violation of this Chapter;
(7) A copy of this Chapter of the Palm Springs Municipal Code, as may be
amended from time to time.
(p) The use of a Vacation Rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
14
Ordinance No. 1918
Page 13
(q) The Owner shall comply with all provisions of Chapter 3.24 of the Municipal Code
concerning transient occupancy taxes, including, but not limited to, submission of a
monthly return for each Vacation Rental in accordance with Section 3.24.080. The
monthly return shall be filed each month regardless of whether the Vacation Rental unit
was rented or not during each such month.
(r) The City Manager shall have the authority to impose additional standard
conditions, applicable to all Vacation Rental units or identifiable classes of Vacation
Rentals, as necessary, to achieve the objectives of this Chapter. A list of all such
additional standard conditions shall be maintained and on file in the Office of the City
Clerk and such offices as the City Manager designates.
(s) Notwithstanding the provisions of Subsection (p) above, upon a determination of
Good Cause, the City Manager may impose additional or special standards or
requirements for placement or imposition of special conditions or performance
standards for Owners, Owner's Agents, Local Contact Persons, and their affected
Vacation Rentals. (r) The standard conditions may be modified by the
Enforcement Official upon request of the Owner or his or her agent based on site-
specific circumstances for the purpose of allowing reasonable accommodation of a
Vacation Rental. All requests must be in writing and shall identify how the strict
application of the standard conditions creates an unreasonable hardship to a property
such that, if the requirement is not modified, reasonable use of the property for a
Vacation Rental would not be allowed. Any hardships identified must relate to physical
constraints to the subject site and shall not be self-induced or economic. Any
modifications of to the standard conditions shall not further exacerbate an already
existing problem.
(t) The City Manager shall have the authority to establish administrative rules and
regulations, which may include, but are not limited to, registration conditions, reporting
requirements, inspection frequencies, enforcement procedures, advertising restrictions,
disclosure requirements, or insurance requirements, consistent with the provisions of
this Chapter, for the purpose of implementing, interpreting, clarifying, carrying out,
furthering, and enforcing the requirements and the provisions of this Chapter. No
person shall fail to comply with any such regulation. A copy of such administrative rules
and regulations shall be on file in the Office of the City Clerk.
(u) Owner shall procure, maintain, and pay premiums for commercial insurance
policies that cover short term rental of property for each Vacation Rental with minimum
limits as may be established by the City Manager from time to time.
(v) Owner shall annually secure a building and fire and safety inspection prior to
renewal of the Vacation Registration Certificate.
15
Ordinance No. 1918
Page 14
5.25.075 Specific Prohibitions.
(a) No person or entity shall offer or provide an 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, an apartment owner, an apartment
manager, or a representative of the apartment owner or manager, shall evict any tenant
or otherwise terminate a lease for the purpose of converting an apartment to a vacation
rental or in anticipation of converting an 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 apartment owner, 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 apartment owner, 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 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 apartment or portion thereof pursuant to a
valid vacation 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 apartments
and which may not have been recouped during the period of vacation rental use of the
the 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 April
15, 2016.
Ed. Note. Subsection (d) of Section 5.25.075 shall be deemed repealed and no
longer in effect as of 12:01 am on January 1, 2019 and all persons and entities shall
fully comply with the provisions of Subsection (a) of Section 5.25.075 of this Code. See
§ 4 of Ord. 1902 (2016).
16
Ordinance No. 1918
Page 15
5.25.078 Homesharing Authorization.
(a) The Notwithstanding any provision of this Chapter to the contrary, homesharing
shall be authorized in the City, provided that the Owner complies with each of the
following requirements:
(1) Obtains and maintains at all times a Vacation Rental Registration
Certificate for Homesharing;
(2) Operates the Homesharing Interest in compliance with all Vacation
Registration Certificate for Homesharing conditions, which may be imposed by
the Enforcement Official to effectuate the purpose of this Chapter;
(3) Collects and remits Transient Occupancy Tax to the City and complies
with all City Transient Occupancy Tax requirements as set forth in this Code;
(4) Takes responsibility for and actively prevents any nuisance activities that
may take place as a result of homesharing activities;
(5) Complies with all applicable laws, including all health, safety, building, and
fire protections laws;
(6) Complies with the regulations promulgated pursuant to this Chapter.
(b) In the event the Owner of a Homeshare Interest does not live on-site, in the
home, and is not able to respond within thirty (30) minutes to complaints regarding the
condition, operation, or conduct of occupants of the Homesharing Interest, the property
shall be deemed a Vacation Rental and Owner shall be required to fully comply with the
provisions of this Chapter relating to Vacation Rentals, including without limitation,
securing a Vacation Rental Registration Certificate.
5.25.080. Audit.
Each Owner and agent or representative of any Owner shall provide the
Enforcement Official with access to each Vacation Rental and the books, records,
documents, papers, tax returns, and bank accounts at any time during normal business
hours as the Enforcement Official may determine are necessary or convenient for the
purpose of inspection or audit to determine that the objectives and conditions of this
Chapter are being fulfilled.
17
Ordinance No. 1918
Page 16
5.25.085 Disclosure of Business Entitites, Limited Liability Companies, and
Personal or Family Trusts
On or before June 1, 2017, all Business Entities, limited liability companies, and
personal or family trusts owning one or more Vacation Rentals shall disclose to the
Enforcement Official the names, relevant contact information, and any such other
information as may be requested by the Enforcement Official of each natural person
holding the legal, equitable, and/or beneficial interest of each such Business Entitiy,
limited liability company, or personal or family trust and the address of each Vacation
Rental owned by each such Business Entity, limited liability company, or personal or
family trust. Each Business Entity that complies with the provisions of this Section prior
to June 1, 2017, shall, prior to June 1, 2018 transfer each Vacation Rental to a natural
person who can otherwise comply with the provisions of this Chapter or cease operating
any Vacation Rental properties owned by the Business Entity as Vacation Rentals. Any
Business Entity that fails to comply with the disclosure requirements provided in this
Subsection, shall cease operating all Vacation Rental properties owned by the Business
Entity as Vacation Rentals no later than June 1, 2017.
5.25.090 Violations.
(a) Any person who violates a provision of this Chapter is subject to criminal
sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code
and the specific penalties as provided in this Chapter. Any person who uses, or allows
the use of, residential property in violation of the provisions in this Chapter is guilty of a
misdemeanor for each day in which such residential property is used, or allowed to be
used, in violation of this Chapter. An administrative citation issued pursuant to Chapter
1.06 for a first violation shall be five hundred dollars ($500.00) and each subsequent
violation shall be one thousand ($1,000.00) dollars. Each administrative citation for a
violation of any provision of this Chapter shall be levied or assessed against the Owner.
(b) Upon the third violation in any twelve month period, the City Manager shall
suspend the Vacation Registration Certificate for two (2) years.
(c) Any person who operates a Vacation Rental without a Vacation Registration
Certificate, shall be liable to the City for the payment of transient occupancy tax
pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including
without limitation penalties and interest, payment of an administrative fine in the amount
of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation
Rental in the City. In the event the person continues to operate a Vacation Rental
without a Vacation Registration Certificate, the person shall be liable for an
administrative fine in the amount of Ten Thousand Dollars ($10,000.00) and any
successive violations shall be subject to fines provided in an escalation formula
established by the City Council by resolution.
(d) Any person who advertises a Vacation Rental without including the Vacation
Registration Certificate in any advertising for such Vacation Rental, or operates a
18
Ordinance No. 1918
Page 17
Vacation Rental without a contract, or without providing the City with a summary or
abstract of such contract, or without timely tendering full monthly payments of transient
occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars
($2,500.00) and the Owner's Vacation Registration Certificate shall be suspended for
six (6) months for a first offense and shall pay a fine in the amount of Five Thousand
Dollars ($5,000.00) and the Owner's Vacation Registration Certificate shall be revoked
for a second offense. Any subsequent violations will be subject to the provisions of
Subsection (c) of this Section.
(e) The failure of an Owner or the Owner's agent or representative to comply with an
order of any police officer shall result in the revocation of the Vacation Registration
Certificate.
(f) The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation
or suspension of a Registration Certificate.
(g) Any person who fails to pay any fee or charge provided in this Chapter within the
time required, shall pay a penalty in the amounts established by the City Council by
resolution. Such penalty may also include interest from the date on which the fee or
charge became due and payable to the City until the date of payment.
(h) The filing of knowingly false claims against a Vacation Rental or the guests
staying in a Vacation Rental is prohibited and shall be punishable by administrative
fines as provided in Chapter 1.06 of this Code.
(i) In addition to, and not in lieu of, any other remedy allowed by law, all remedies
prescribed under this Chapter are cumulative and the election of one or more remedies
does not bar the City from the pursuit of any other remedy, criminal, civil, or
administrative which may be pursued by the City to enforce this Chapter and/or address
any violation of this Code or to remedy any other public nuisance.
5.25.100 Requirements Not Exclusive.
The requirements of this Chapter shall be in addition to any license, permit, or
fee required under any other provision of this Code. The issuance of any permit
pursuant to this Chapter shall not relieve any person of the obligation to comply with all
other provisions of this Code pertaining to the use and occupancy of Vacation Rental or
the property on which it is located.
SECTION 2. Section 93.23.16 is added to the Palm Springs Municipal Code to read:
93.23.16. Special Standards for Vacation Rentals of Estate Homes
A. The vacation rental of an Estate Home shall be deemed a use permitted
pursuant to a land use permit under the provisions of Palm Springs Municipal Code
19
Ordinance No. 1918
Page 18
Section 94.02.01. For the purposes of this Section, the terms "Estate Home" and
"Owner" shall have the meanings provided in Section 5.25.030 of this Code.
B. Any Owner of an Estate Home with an active vacation rental certificate in full
force and effect on February 8, 2017, shall be deemed in compliance with this
Subsection and shall be issued a land use permit for such Estate home from the
Director of Planning Services subject to standard conditions of approval consistent with
the provisions of this Chapter and the Zoning Ordinance. Each application by an Owner
for the vacation rental of an Estate Home after February 8, 2017, shall be subject to the
applicant applying for and receiving a land use permit under the provisions of Section
94.02.01 of this Code. Any land use permit issued for the vacation rental of an Estate
Home shall be issued to the Owner, subject to the provisions of this Chapter and such
additional conditions as may be required pursuant to Section 94.02.01 of this Code.
Any land use permit issued for a vacation rental of an Estate Home shall not run with
the land.
C. Upon a determination by the City Manager of a third qualified violation within any
twenty-four(24) month period regarding the vacation rental of an Estate House, the land
use permit for such vacation rental shall be subject to revocation or modification by the
Planning Commission at a noticed public hearing to be held in the manner provided for
in Section 94.09.00 of this Code.
D. The revocation or modification process shall be conducted pursuant to the
following:
1. The Commission shall, not less than ten (10) nor more than thirty (30)
days after the notification of the Owner of revocation or modification, hold a
public hearing on the matter.
2. The Commission shall reach its decision within thirty (30) days after the
conclusion of the public hearing. The decision shall set forth the findings of the
Commission and any recommended conditions, including without limitation any
time limit deemed necessary to protect the health, safety, and welfare of persons
in the neighborhood and in the city as a whole.
3. The decision and findings shall be filed with the City Council within fifteen
(15) days after they have been reached. A copy of the minutes thereof shall be
mailed to the Owner. The action of the Commission shall be final unless
appealed to the City Council.
4. The Commission shall consider the following issues and potential
conditions in its review of a vacation rental of an Estate Home:
a. Regulation of use,
20
Ordinance No. 1918
Page 19
b. Special yards, space, and buffers,
c. Fences and walls,
d. Surfacing of parking areas subject to city specifications,
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds,
f. Regulation of points of vehicular ingress and egress,
g. Regulation of signs,
h. Requiring landscaping and maintenance thereof,
i. Requiring maintenance of the grounds,
j. Regulation of noise, vibration, odors, etc.,
k. Regulation of time for certain activities,
I. Time period within which the proposed use shall be developed,
m. Duration of use,
n. Dedication of property for public use,
o. Limitation on the number of guests,
p. Limitation on the number of vehicles,
q. Imposition of building and/or safety requirements applicable to small
hotels,
r Such other conditions as will make possible the development of the City
in an orderly and efficient manner and in conformity with the intent and
purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in any applicable environmental assessment.
SECTION 3. The City Council finds and determines that this Ordinance is not subject to
the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because
the Ordinance will not result in a direct or reasonably foreseeable indirect physical
21
Ordinance No. 1918
Page 20
change in the environment and is not a "project," as that term is defined in Section
15378 of the State Guidelines. In addition, The City Council also determines this
Ordinance consists of regulations intended to ensure that commercial short term rental
use of residential property remains an ancillary and secondary use of residential
property in the City and thereby preserve the residential character of the City's single-
family and multi-family neighborhoods as identified in the City's adopted General Plan,
and its concomitant Environmental Impact Report. Thus, to the extent there is any
environmental impact from the adoption of this Ordinance, the City Council finds that the
Environmental Impact Report for the adopted General Plan is the controlling
environmental document.
SECTION 4. This Ordinance generally deals with the subject matter of Ordinance 1907,
which was the subject of a referendum submitted on January 12, 2017. The City
Council repealed Ordinance 1907 on February 15, 2017. The City Council finds that
this Ordinance is essentially different from Ordinance 1907 in that it contains
modifications, amendments, and changes that are now endorsed by several local
interests who participated in the circulation of, and who supported the referendum
petition. Specifically, this Ordinance recognizes vacation rentals as ancillary and
secondary uses of residential property in the City. In addition, Ordinance 1907's
prohibition on multiple ownerships contained an amortization period that would require
Owners to dispose of vacation rental properties by the end of the amortization period;
this Ordinance grandfathers all existing ownerships thereby allowing Owners to
continue to operate vacation rental properties they currently own until they sell or
otherwise choose to dispose of each property. Ordinance 1907 allowed a maximum of
32 vacation rental contracts per property; this Ordinance allows an additional 4 vacation
rental contracts during the summer months and grandfathers Contracts in excess of
such limits for calendar year 2017 entered into prior to February 15, 2017. Ordinance
1907 provided exceptions from certain occupancy limitations as applied to estate
homes; this Ordinance includes vacation rental estate homes as a use subject to a land
use permit coupled with an administrative review before the Planning Commission
under certain circumstances. This Ordinance also includes additional requirements on
Owners and their agents and representatives, including periodic training and testing,
prohibitions on gardening and property maintenance on weekends, imposition of face to
face meetings with a Responsible Party within 24 hours of commencement of
occupancy, securing written acknowledgements of rules and regulations from all adult
guests within 24 hours of the commencement of occupancy, and reduced the number of
on-site locations for the posting of rules and regulations. The City Council further notes
that Ordinance 1907 was also a restatement of the Vacation Rental Ordinance in effect
at the time Ordinance 1907 was adopted and therefore finds that the provisions of the
Code in effect at the time Ordinance 1907 was adopted and that were not changed or
amended by Ordinance 1907 were not subject to the referendum and therefore were not
matters the referendum proponents contested. The revisions to Ordinance No. 1907 as
provided in this Ordinance are due in part to the efforts of the City Council's
subcommittee to negotiate with representatives of those who supported the referendum,
the referendum proponents, and affected residents. This Ordinance reflects changes
suggested and/or supported by all such interests.
22
Ordinance No. 1918
Page 21
SECTION 5. The City Manager is authorized to exercise reasonable
administrative discretion in the implementation of this Ordinance during the first year
this Ordinance is in effect, including without limitation phasing in of programs, policies,
and practices consistent with the business needs of the City, any department, division,
bureau, or section designated to enforce this Ordinance, and the overall responsibilities
and priorities of the City Manager as provided by the City Council.
SECTION 6. Any valid rental agreement for a Vacation Rental with occupancies in
terms of number of guests and/or vehicles in excess of the requirements of Section
5.25.070(c) of this Ordinance, entered into between an Owner or an Agent with a renter
and the renter has paid a deposit for such rental prior to November 30, 2016, shall be
deemed consistent with the provisions of this Ordinance so long as such rental
agreement and the Vacation Rental otherwise complies with the requirements of this
Ordinance. In addition and notwithstanding any provisions to the contrary within Section
5.25.070(b)(ii), any holder of a Registration Certificate as of the effective date of this
Chapter can submit a list of names as provided in Section 5.25.070(b)(ii) within thirty
(30) days of such effective date.
SECTION 7. It is the intent of the City Council that the implementation and
administration of this Ordinance shall be monitored and reviewed by the City Council's
subcommittee and the City Manager in consultation with members of the vacation rental
industry and residents of the City. It is also the intent of the City Council that the
subcommittee will periodically report and/or make recommendations to the City Council
regarding such implementation and administration. It is the expectation of the City
Council, notwithstanding any other provision in this Ordinance, that the subcommittee
will endeavor to meet monthly as provided herein and that in no event later than April 1,
2019, or as soon thereafter as may be reasonably practicable, provide to the City
Council a report on the overall implementation and administration of this Ordinance,
including recommendations regarding refinements, amendments, or revisions as the
subcommittee may deem appropriate.
SECTION 8. The provisions of this Ordinance are severable. If any portion, section,
subsection, paragraph, clause, sentence, phrase, work, or application of this Ordinance
is for any reason held to be invalid by a decision of any court of competent jurisdiction,
that decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance and each and
every portion, section, subsection, paragraph, clause, sentence, phrase, word, and
application not declared invalid or unconstitutional without regard to whether any portion
of this Ordinance or application thereof would be subsequently declared invalid.
SECTION 9. 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.
23
Ordinance No. 1918
Page 22
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS _ DAY OF , 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHIE HART, INTERIM CITY CLERK
24
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
y ynm,'i
Date: March 15, 2017
Subject: ZTA Re: Special Standards for Vacation Rentals of Estate Homes
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
published in the Desert Sun on March 4, 2017.
1 declare under penalt of perjury that the foregoing is true and correct.
Cynthia A. trerardi, CMC
Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting
board, and in the Office of the City Clerk on March 2, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. erardi, CMC
Interim Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
mailed to each and every person on the attached list on March 2, 2017, in a sealed
envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs,
California. (10 notices)
I declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
Z5
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
CITY COUNCIL
CITY OF PALM SPRINGS
A ZONING TEXT AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE (PSZC)
RELATING SPECIAL STANDARDS FOR VACATION RENTALS OF ESTATE HOMES
CASE 5.1411 ZTA
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a
public hearing at its meeting of March 15, 2017. The Planning Commission meeting begins at 1:30 p.m., in the
Council Chamber at City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs.
ADDITIONALLY, NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,
will hold a public hearing at its meeting of March 15, 2017. The City Council meeting begins at 6:00 p.m., in
the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by the City of Palm Springs to amend the Palm
Springs Zoning Code to provide a Land Use Permit process for the vacation rental of Estate Homes under
specified situations. Estate Homes are defined as a single-family dwelling with five or more bedrooms located
on property zoned R-1-13, R-1-A, R-1-AH, or G-R-5.
ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the proposed Zone Text Amendment has been deemed a "project." Staff has determined that the
proposed Zone Text Amendment (Case 5.1405 ZTA) may be deemed Categorically Exempt from the
provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines. The
proposed Zone Text Amendment only proposes insignificant changes to land use regulations.
REVIEW OF INFORMATION: The proposed application, site plan, and related documents are available for
public review at City Hail between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please
contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review
these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing
and/or in writing before the hearing. Written comments may be made to the Planning Commission by email at
cityclerk oalmsoringsca.00v, or letter(for mail or hand delivery) to:
Kathleen D. Hart, MMC,
Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues raised at the public hearing
described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public
hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Flinn Fagg, Director of Planning Services, at(760) 323-8245.
Si necesita ayuda con esta carte, porfavor (lame a la Ciudad de Palm Springs y puede hablar con Felipe
Primera telefono(760) 323-8253.
Kathleen D. Hart, MMC
Interim City Clerk
1416
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MR PETE MORUZZI
� "' = = PALM SPRINGS MODERN COMMITTEE
Y k P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS
,:`:` PLANNING SERVICES DEPARTMENT
ATTN SECRETARY/5.1411 ZTA
PO BOX 2743
PALM SPRINGS, CA 92263-2743
MRS PATRICIA GARCIA-PLOTKIN,
MS MARGARET PARK, DIRECTOR DIRECTOR
AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORIC PRESERVATION OFFICE
INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING&DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264
MR FRANK TYSEN MR JOSEPH ONTIVEROS
a1 "
CASA CODY INN SOBOBA BAND OF LUISENO INDIANS
—
i 175 S. CAHUILLA ROAD CULTURAL RESOURCES MANAGER
PALM SPRINGS, CA 92262 P.O. BOX 487
SAN JACINTO, CA 92581
MR RAYMOND HUAUTE MR MICHAEL MIRELEZ MR DOUG TODD WELMAS
CULTURAL RESOURCE SPECIALIST CULTURAL RESOURCE COORDINATOR TRIBAL CHAIRMAN
MORONGO BAND OF MISSION INDIANS TORRES MARTINEZ DESERT CAHUILLA CABAZON BAND OF MISSION INDIANS
12700 PUMARRA ROAD INDIANS g4 245 INDIO SPRINGS PARKWAY
BANNING, CA 92220 P.O. BOX 1160 INDIO, CA 92203
THERMAL, CA 92274
MS JACQUELYN BARNUM
ENVIRONMENTAL DIRECTOR
CABAZON BAND OF MISSION INDIANS
84-245 INDIO SPRINGS
PARKWAYINDIO, CA 92203
HomeAwa
Y
Palm Springs City Council
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
March 10,2017
Mayor Moon and Members of the City Council:
This letter is to follow up on the letter delivered to you via email on February 15,2017.I have not
received a response from any elected official or staff member regarding the concerns raised in
that letter.
HomeAway remains concerned with the level of liability that the proposed vacation rental
ordinance appears to place on online vacation rental hosting platforms, and we respectfully
request that you clarify or remove the following problematic sections:
5.25.075(a): "No person or entity shall offer or provide an Apartment,or any portion
thereof,for rent for 28 consecutive days or less to any person"
5.25.075(b): "No person or entity shall maintain any advertisement of a Vacation Rental
that is in violation of any provision of this Chapter."
5.25.090(a): "Any person who violates a provision of this Chapter is subject to criminal
sanctions and administrative penalties[...] Any person who uses,or allows the use of,
residential property in violation of the provisions in this Chapter is guilty of a
misdemeanor[...]"
5.25.090(d): "Any person who advertises a Vacation Rental without including the
Vacation Registration Certificate in any advertising for such Vacation Rental, or operates
a Vacation Rental without a contract, or without providing the City with a summary or
abstract of such contract,or without timely tendering full monthly payments of transient
occupancy tax,shall pay a fine [...]"
It is not clear—either from the text of the ordinance or from public discussion by the City
Council—how the city defines"person"or"entity"or how it intends to interpret these
provisions with regard to third-party websites that offer vacation rental owners the opportunity to
connect with guests.
The volume and complexity of rules and regulations covering vacation rentals in Palm Springs
makes it unreasonable to expect HomeAway to know whether a particular listing is in violation of
any provision of the ordinance.
Furthermore,liability for violating city rules belongs with the vacation rental owner, not with a
third-party online service provider. Federal law pre-empts ordinances that attempt to hold online
service providers such as HomeAway responsible for content posted by users of its websites. The
Communications Decency Act provides: "No provider or user of an interactive computer service
shall be treated as the publisher or speaker of any information provided by another information
1011 W. 51'Street I Austin, TX 78703
512.684.11001 Fax 512.684.1101 1 www.homeaway.com
content provider."47 U.S.C. §230(c)(1). The law specifically bars liability"under any ... local
law that is inconsistent with this section."Id § 230(ex3). Section 230 provides broad immunity
to online providers like HomeAway against attempts to impose obligations stemming from the
publication of third-party user listings and advertisements. Any effort to punish HomeAway for
the content provided by others—such as a vacation rental advertisement that does not include
the Vacation Rental Certificate—would violate Section 230,because doing so would treat
HomeAway as the publisher or speaker of content provided by a third party.
If it is not the intent of the city to hold online service providers liable for the behavior of owners
or guests,we ask that you revise the ordinance by clarifying the definition of"person"or"entity"
in the above sections of the Municipal Code with terms such as"owner,""owner and the agent or
representative with whom the owner has an `exclusive listing arrangement,"' or"owner and the
agent or representative with whom the owner has an`exclusive listing arrangement' and the`local
contact person."'
Again,I would like to reiterate that HomeAway understands and respects the council's goals to
improve neighborhood quality of life,housing affordability, and other issues by revising its
vacation rental policy. But the issue of platform liability is critical for us, and it must be properly
addressed before any new ordinance is adopted,
Please let me know if I can answer any questions or provide any further information to facilitate
your deliberation.
_ Sincerely,
Walter R. Gonzales
Government Affairs Manager
HomeAway
1011 W. 51'Street Austin, TX 78703
512,684.1100 ( Fax 512.684,1101 l www.homeaway.com
° HomeAway®
Palm Springs City Council
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
February 15, 2017
Mayor Moon and Members of the City Council:
The vacation rental ordinance as proposed on your agenda tonight appears to place an
unacceptable level of liability on vacation rental hosting platforms, such as HomeAway, for the
content that is posted on those platforms by vacation rental hosts.HomeAway respectfully
requests that you remove or clarify this problematic language before adopting the ordinance.
Section 5.25.075(a) states:"No person or entity shall offer or provide an Apartment, or any
portion thereof, for rent for 28 consecutive days or less to any person."
Section 5.25.075(b) states: "No person or entity shall maintain any advertisement of a Vacation
Rental that is in violation of any provision of this Chapter."
Section 5.25.090(a) states: "Any person who violates a provision of this Chapter is subject to
criminal sanctions and administrative penalties [...] Any person who uses,or allows the use of,
residential property in violation of the provisions in this Chapter is guilty of a misdemeanor[...]"
Section 5.25.090(a)states:"Any person who advertises a Vacation Rental without including the
Vacation Registration Certificate in any advertising for such Vacation Rental ... shall pay a fine
I...11,
The ordinance does not define"person"or"entity."It is not clear whether the Council intends the
sections listed above to apply to HomeAway.
Given the sheer number and complexity of rules and regulations included in this ordinance as
well as additional restrictions that may be imposed by City enforcement officials or the Planning
Commission, it is unreasonable to expect HomeAway to know whether or not a particular listing
is in violation of any provision of the ordinance.
Liability for violating city rules properly rests with the host,not with the hosting platform. A
simple solution to clarify this in the ordinance would be to replace"person or entity"with one of
the following,depending on whom the Council intends to impose liability:
• "Owner"
• "Owner and the agent or representative with whom the Owner has an `exclusive listing
arrangement"
• "Owner and the agent or representative with whom the Owner has an`exclusive listing
arrangement' and the `local contact person"'
1011 W. 5th Street I Austin, TX 78703
512.684.1100 1 Fax 512.684.1101 1 www.homeaway.com
Moreover, any attempt to hold HomeAway responsible for listings posted by users of its websites
would be preempted by federal law. Specifically,the Communications Decency Act immunizes
online service providers from liability for third-party content.The statute provides: "No provider
or user of an interactive computer service shall be treated as the publisher or speaker of any
information provided by another information content provider."47 U.S.C. §230(c)(1).The law
bars liability"under any ... local law that is inconsistent with this section. Id. § 230(e)(3).
Section 230 provides broad immunity to online providers like HomeAway against attempts to
impose obligations stemming from the publication of third-party user listings and advertisements.
Any effort to punish HomeAway for the content provided by others—like an advertisement for a
vacation rental that does not include the Vacation Registration Certificate—would violate Section
230,because doing so would be to treat HomeAway as the publisher or speaker of content created
by third parties, not HomeAway.
It is also unclear why the advertising restrictions on vacation rental hosts are more severe than the
advertising restrictions on homesharing hosts. While Section 5.25.075(b)restricts the
advertisement of vacation rentals that are in violation of the chapter,there is no similar restriction
against the advertisement of homeshare interests that are in violation of the chapter.
Beyond the platform liability concerns,HomeAway would also like to express concern with the
new requirement that owners attend an annual training, pass a test,and meet guests in person to
explain the rules and get signatures.These requirements would be onerous for hosts who do not
live in Palm Springs full-time.
HomeAway understands that the City Council has made quality of life and the availability of
affordable housing for long-term residents a priority. With the proper set of regulations,vacation
home rentals can contribute to these goals in a positive way.HomeAway is eager to work with
the city in crafting and refining viable and equitable regulations.
Sincerely,
Walter R. Gonzales
Government Affairs Manager
HomeAway
1011 W. 511 Street Austin, TX 78703
512.684.11001 Fax 512.684.1101 1 www.homeaway.com
CC MTG 3/15/17 PROTECT OUR NEIGHNBORHOODS M. MALASPINA
SINCE 2013, PROTECT OUR NEIGHBORHOODS HAS BEEN ADVOCATING FOR c
RESIDENT S NEGATIVELY AFFECTED BY SHORT TERM VACATION RENTALS._c T
_ m
RESIDENTS,WHO HAVE WITNESSED THEIR NEIGHBORHOODS DISAPPEARING r >>nC-)
DUE TO THE EXPLOSION OF SHORT TERM RENTALS, NOW AT 2300 --WITH290 sf 3-<
END IN SIGHT. ti z bo 25 a
LAST WEEKEND, I MET WITH A HOMEOWNER IN THE GENE AUTRY
NEIGHBORHOOD, LINDA BUCHANAN,WHO WORKS IN PALM SPRINGS. SHE IS
ALSO THE MOTHER OF A TEENAGE DAUGHTER ATTENDING PS HIGH SCHOOL.
SHE IS SELLING HER HOME,WHY? SHE CAN NO LONGER TOLERATE THE STRESS
CAUSED BY THE STR DIRECTLY BEHIND HER. WHOSE POOL IS LITERALLY A FEW
FEET FROM HER DAUGHTER'S BEDROOM. SHE UNDERSTANDS TOURISTS HAVE
THE RIGHT TO ENJOY THEIR VACATION, BUT IT HAS BECOME IMPOSSIBLE FOR
HER TO ENJOY HER HOME ON THE WEEKENDS. SHE WORRIES ABOUT HER
DAUGHTER ALONE IN THE YARD, NOT KNOWING ANYTHING ABOUT THE
STRANGERS JUST OVER THE WALL.
SHE PLANS TO MOVE OUT OF PALM SPRINGS, BECAUSE SHE CAN'T RISK HAVING
ANOTHER STR BEHIND HER NEXT HOME.
JOHN FERRANTE AND HIS HUSBAND ED BOUGHT IN MOVIE COLONY EAST IN 2014
IN WHAT THEY THOUGHT WAS AN R1 NEIGHBORHOOD. THEY SOON LEARNED
THAT 7 OF THE 8 HOUSES WITHIN A HALF BLOCK OF THEM WERE VACATION
RENTALS, INCLUDING THOSE DIRECTLY BEHIND, BESIDE AND IN FRONT. AMONG
THOSE, IS A 5 BEDROOM STR, ACCOMMODATING 18 AROUND THE POOL ON
MOST WEEKENDS.
ON BEHALF OF LINDA,JOHN AND ED AND 8,000 OTHER RESIDENTS, WE ASK
THAT EACH AND EVERY STR, NO MATTER THE SIZE, BE TREATED LIKE THE
COMMERCIAL BUSINESS THEY ARE.THAT EACH IS REQUIRED TO OBTAIN A
SPECIAL USE PERMIT. THAT THEIR IMPACT ON NEIGHBORING HOMES IS
ASSESSED AND THEY PASS ALL THRESHOLDS FOR OPERATING A BUSINESS IN A
RESIDENTIAL NEIGHBORHOOD.
LASTLY, THAT A MORATORIUM BE PUT IN PLACE UNTIL THIS PROCESS IS
IMPLEMENTED.
3 15- 2, 1-)JCW
Terri Milton
From: Jamie Garretson <naficyjamie@gmail.com>
Sent: Wednesday, March 15, 2017 10:35 AM
To: CityClerk
Subject: Letter for Planning Commission and City Council re Proposed Vacation Rental
Ordinance No. 1918
Attachments: 3.15.17 PON letter to City.pdf
Please see attached letter addressed to both the Planning Commission and City Council re Proposed Vacation
Rental Ordinance No. 1918 to be addressed in today's meetings. A hard copy is in the mail. Please confirm
receipt.
Thank you
Jamie
Jamie Garretson, Esq.
Law Offices of Babak Naficy
1504 Marsh Street
San Luis Obispo, Ca 93401
babaknaficy(a sbcglobal.net
805-593-0926 phone
805-593-0946 fax
This e-mail, and any attachments hereto, are intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, or any attachment hereto,
is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-
mail and permanently delete the original and any copy of this e-mail and any printout hereof.
Low Office of Babak Noficy
March 15, 2017
Via Email and Mail
City of Palm Springs, c/o City Clerk
Planning Commission of Palm Springs
City Council of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
citvclerk(a,,Dalmsprines-ca.f ov
RE: Proposed Vacation Rental Ordinance No. 1918
I submit this letter on behalf of Protect Our Neighborhoods ("PON") in connection with
1504 Marsh Street the proposed Ordinance amending Chapter 5.25 of, and adding Section 93.23.16 to, the
San Luis Obispo Palm Springs Municipal Code relating to vacation rentals.
California 93401 While we recognize that the City must act quickly to fill the regulatory void that it
created by repealing Ordinance No. 1907 without ensuring that a replacement ordinance
ph: 805,593.0926 would be adopted in its stead, we have no choice to point out that the current ordinance
fax: 805.593.0946 (No. 1918)remains deeply flawed as it is inconsistent with the City's single-family
residential zoning ordinance. As set forth below and in our February 14, 2017
baboknoecySsbcg'.obol gel commentary regarding the same ordinance, to be consistent with the zoning ordinance,
the City must require all proposed vacation rentals (in single-family neighborhoods)to
obtain a Land Use Permit("LUP")or Conditional Use Permit("CUP").
We must reiterate that the current proposed-ordinance gifts a major concession to the
vacation rental industry by grandfathering of all existing vacation rentals, regardless of
the character of the ownership (corporate or private) or the number of vacation rentals
owned by the same owner. We are at a loss as to why the City would want to reward
those corporate owners of vacation rentals who have contributed to the shortage of rental
single-family rental market.
The proposed Ordinance will not effectively protect the City's residential
neighborhoods from encroachment by vacation-rentals
The current proposal fails to provide a meaningful process and criteria to ensure vacation
rentals do not fundamentally change the character of residential neighborhoods. While
the Ordinance only permits vacation rentals in single-family and multi-family zones if
such use is ancillary to the residential use of the property, the-City has admitted that
ancillary commercial uses in residential neighborhoods escalate the demand for City
services due to incidents involving excessive noise, disorderly conduct, vandalism,
overcrowding,traffic congestion, parking congestion, and accumulation of refuse.
Therefore the City would be remiss to institutionalize a regulatory program that does not
assess or account for these adverse impacts on a case-by-case basis before issuing a
Vacation Rental Registration Certificate.
1
Piimcym 11pM,1C hoer I.,IM.q eorre.5R xegcwY copal
Ordinance 1918 attempts to offer relief from unrestricted growth in the vacation rental industry by
limiting one Vacation Rental Registration Certificate per owner(as defined by the Ordinance) at
any time. This does nothing to protect residential neighborhoods from being overrun with vacation
rentals because it does not place an actual limit of vacation rentals in individualized neighborhoods
to insure the residential character is not adversely affected. Members of the same family or
business partners can still obtain more and more vacation rentals for the asking, without regard to
the impact on the neighborhoods or residents of Palm Springs.
PON recognizes the City's efforts to work towards a more limited and regulated vacation rental
industry, however, the City continues to fail to provide protection for the residential character of
neighborhoods by placing any sort of meaningful limit or regulation on the allowed vacation
rentals and their locations.
The City's Unlawful and Inadequate Reeulatory Framework:
While the Ordinance ostensibly requires vacation rental"Estate Homes"to obtain a LUP, it does
not require any kind of administrative review or a permit for other single-family residential homes,
which are far more prevalent than estate homes. This is a glaring omission and contrary to the
City's zoning ordinance, which requires a LUP or CUP for commercial uses in single-family
neighborhoods. The Palm Springs Municipal Code provides that certain commercial uses may be
allowed in a residential zone with a Land Use Permit(PSMC §92.01.01 (C)), while more intense
activities, such as child care centers, require a Conditional Use Permit. PSMC §92.0 1.0 1(D).
Despite admitting that vacation rentals operate as a business in residential zones, the City continues
to refuse to require most vacation rentals to obtain a Land Use Permit or Conditional Use Permit.
This practice is unlawful because it allows commercial use within a residential neighborhood
without any permit requirements.
The City must develop guidelines to review vacation rentals on a case-by-case basis in order to
ensure individual streets and neighborhoods are not disparately impacted and the residential
character of each street and neighborhood is not compromised. Individualized analysis of new
vacation rental units is required by Palm Springs General Plan Policy HS1.8, which directs the City
to "Protect established single-family residential neighborhoods from the transition, intensification,
and encroachment of uses that detract and/or change the character of the neighborhood."
Unlimited vacation rentals in any given street or neighborhood can result in intensification of use
and encroachment of commercially operated vacation rentals which detract from the character of
single-family neighborhoods.
Individualized review of new vacation rentals is likewise implicitly required by PSMC §5.22.020,
which provides that the use of a dwelling "may not change the character of nor adversely affect the
uses permitted in that zone of which it is a part." The Ordinance does not offer any mechanisms to
ensure the character of residential neighborhoods are not adversely affected by potentially�an
indefinite number of vacation rentals.
The City has not offered any meaningful criteria for permittine estate homes
The Ordinance does require a land use permit(OSMC §94.02.01) for vacation rentals proposed for
Estate Ilomes. The criteria the Ordinance proposes for evaluating an LUP for an Estate Home
2
focuses on the characteristics of the home itself; they do not require any consideration of the
surrounding neighborhood or the number of existing vacation rentals in the vicinity. This is a
glaring omission because, as set forth above,the City's General Plan and zoning ordinance,
specifically require the City to ensure the integrity of and character of residential neighborhoods
are preserved.
The City must conduct environmental review as required by CEQA,and consider feasible
miti ation measures and alternatives
The City has never conducted environmental review of its vacation rental policies and regulation.
Ordinance No. 1918, which authorizes 32 contracts per year with up to four additional contracts
during the summer months and grandfathers all existing vacation rentals,would potentially allow
for an unlimited number of new vacation rentals without any environmental review or
consideration of the impact on the neighborhood violates CEQA. CEQA applies "to discretionary
projects proposed to be carried out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances" Pub. Resources Code, § 21080.
The City cannot have it both ways: CEQA review must be required either at the point of adopting
an Ordinance that governs vacation-rentals, or at the point of issuing a vacation-rental certificate.
The City's implicit position that it is not required to EVER consider the environmental impacts of
its vacation rental polices and regulation is patently contrary to the spirit and letter of CEQA.
The City's claim that the proposed ordinance is exempt from CEQA is without merit. The City
contends the Project is exempt under CEQA Guidelines§15060(c)(2).& (3), which provide:
(c) Once an application is deemed complete, a lead agency must first determine
whether an activity is subject to CEQA before conducting an initial study. An
activity is not subject to CEQA if:
(1) The activity does not involve the exercise of discretionary powers by a
public agency;
(2) The activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment; or
(3)The activity is not a project as defined in Section 15378.
§15060(c)(2)does not apply because the Ordinance is capable of causing a change in the
environment by grandfathering all existing vacation rentals, including all those units that are owned
by corporations and LLCs. Many if not most of these units would not have been able to continue
to function as vacation rentals under Ordinance 1907. The proposed ordinance likewise allows an
indefinite number of future vacation rentals because it does not impose any limits on the number of
vacation rentals in the City.
Likewise, §15060(c)(3)does not apply because the Proposed Ordinance is a project within the
meaning of CEQA. The Ordinance amounts to an amendment to the City's zoning ordinance,
3
which does not permit commercial businesses in residential zones without obtaining a proper
permit. Here,the City has essentially waived the permit requirement. As such, the Ordinance
amounts to an amendment of the zoning ordinance and must therefore be evaluated under CEQA.
In the past, the City argued that the Project is exempt from C$QA because,the City has claimed,
the Ordinance contains regulations intended to preserve the residential character of the City's
single-family neighborhoods. This argument fails because even if the City's intent by adopting this
regulation is to preserve the character of single-family neighborhoods,there is no substantial
evidence in the record to suggest the Ordinance would in fact accomplish this stated goal. This is
true because the Ordinance does not impose any limits on the number of short term rentals in any
given neighborhood and does not require any individualized review. The City's belief that the
Ordinance would adequately protect the character of neighborhoods does not justify a CEQA
exemption.
We believe the City must evaluate the impacts of Ordinance 1918 because vacation rentals in the.
aggregate can change the character of a residential neighborhood and cause significant impacts by
increasing traffic, noise, vandalism,parking shortage and other disruptions that affect the residents'
peaceful and quiet enjoyment of their properties.
Conclusion
The proposed Ordinance does not adequately protect the City's residential neighborhoods from
vacation rentals. The City must declare a moratorium on new vacation rentals until it has
developed a regulatory framework for case-by-case analysis and permitting of vacation rentals in
R-1 neighborhoods. All existing and proposed vacation rentals must undergo environmental
review before approval, subject to appropriate findings. The City, moreover, must take steps to
ensure all citizen complaints are adequately logged and processed. Finally, before making any
further modifications to the Vacation Rental Ordinance, the City should undertake a comprehensive
analysis of vacation rentals,including alternatives to the current regulatory framework and
potentially feasible mitigation measures.
Sincerely,
Babak Naficy,
Counsel for Protect Our Neighborhoods
4
Dear City Council:
Let me first open by saying that vacation rentals are a privilege granted and not a right to
residential home ownership. It amazes me the arrogance of the rental agents in town
thinking that these properties they manage are "theirs"—and they have the right to bully
long-term residents like myself into submission. I have lived eight years at 2013 East
Andreas Road in Palm Springs and thirty two years in the City of Palm Springs from the
north side to the south side—and I do not plan on moving. In the last three years both
houses I live between have been converted to vacation rentals—one house is more
problematic than the other. The owners of 2023 East Andreas to the left of me market
itself as a five bedroom short term vacation rental (which can hold up to 18 people during
the day and house 12 persons at night). 2023 East Andreas is managed by Palm Springs
Getaways. The owners are absentee owners and have no desire to establish roots here.
FYI:since the conversion of this one home in particular: the house has been robbed twice in the last two
years and all our mailboxes and my shed have been broken into. PLUS: The character of the
neighborhood has changed dramatically from what was once a tranquil place to now a "party zone"
almost every other weekend and during the holidays--summertime is worse!
When I called the vacation rental company to complain (the CEO and property manager
of Palm Springs Getaways) regarding his weekend renters and their antics plus hogging
all my parking and running over my front yard drunk that Monday November 71h at 9 am
-- he said he was not to be bothered it was his day off and hung up the phone. When I
called back thinking it was a mistake he hung up again. When I then text him later on in
the week he insisted I do all things via email—this is the response I got from him after he
stated that "His tenants" said I yelled at them and wrote a letter denying any involvement
in the parking fiasco and other concerns. Please see the email trail below:
m
Ted.
m =
Please STOP your harassment of me and my guests. I have a lever from LT a. O X
my guests saying they did not run over your yard and thatyou did yell at rn
them. You do not own arty part of E.Andreas Road. My guests can park — 0
CJI
anywhere they wish, including in front of your house. M r rn1
r' 'U S,e
If you continue harassing me and my guests,you will leave me with no other -
options than to seek legal help. I'm not going to be harassed by you.
Regards, W
Chris
----Original Message---
From: Ted Luciani lmailto:a dluciani(d icloud cam]
Sent:Friday,November 11,2016 9:22 AM
To.:chris&almsorin¢seetaways.com
Subject My house
Chris your clients did cross my front yard with a large profile vehicle. On
Saturday night they did gather outside around 11:30 pm trying to back out of
the driveway with their SUV There were five cars at this site.
I did not go to the door to yell at them.
I addressed it outside when they were leaving on the.Monday.
They came onto my property to explain upon which 1 forgave them only out of
respect to your brand.
Please do not have your guests harass me with drunken and disorderly
behavior that results in injury to my property and disturbs the peace and
tranquility of my home.
There must be accountability Chris.
This is the second complain recorded 10 Palm Springs PD--l am done
Ted Luciani
(All parking spaces in front rm-d if,Acn
Drove over nt ord)
(Someone put a condom in my mailbox that weekend—!have a full color shot of this but/have darkened because it's so offensive.
In closing: This property and its agents are continually affecting my quiet enjoyment.
Due to the size of these rentals and predatory business practices employed by these
agents and now the unwillingness to abide by Palm Springs STR code guidelines—like
being on call 24/7 to mediate some and all altercations because these agencies are so
overwhelmed—who suffers? Not the agent making bank, not the owner of the property
(they don't even live here)—WE SUFFER.
I am now being threatened by this agent saying I am harassing him and his tenants every
time I try to voice a concern?
If I now choose to sell I must disclose that I live next door to a "party"
house? My friend(a local realtor)did a market evaluation of my home based on the area and being
sandwiched between two STR's. Current value is at$599,000 because I am book ended by vacation rentals
--while other homes in the area sell for as high as$749,000.
In closing: in the past I have tried calling the rental agent directly to circumvent any
problems so as not to burden the Police Dept with nuisance—but since there is a total
breakdown of communication I have no choice but to use the hotline and rack up the
complaints. Last year there were three formal complaints on the books. This year alone
since January there has been two more complaints (I am now recording every single
event with my iPhone). We are only three month's into the year—what a waste of
valuable police services. Again, I have zero relations with the owners since they
purchased this property solely for income generating—they're just in it for the money!
I reached out to three local lawyers in the area to file an nuisance lawsuit against the
property manager and owners of this property in hopes of getting an injunction for a
cease and desist—to get back my peace and quite. I work in the field of alcohol drug and
rehabilitation and I do not want to deal with this upheaval at home. Not one lawyer
within a three mile radius will take the case. In fact two of the lawyers cited conflict of
interest since their largest clients were vacation rental companies. I am now seeking legal
help outside the City of Palm Springs. I need to protect myself from what I deem is a
blatant assault to my right to peace and quiet. This is a direct result of poor city planning
in the issuances of theses vacation rental licenses: AS you can see I am completely
surrounded:
City of Palm Spring Vacation Rental Property list a{
R Ldlnsa Unh pry SWe Eb g g
68 1%0'.E A,dm,,Poad am
9336E 3iii SFR
3 SFR
69Z 1%ZEAMreas Poatl 9336E SEno 9Z363 9336E 3 1.
334E S935FAnEreas Poad 93]63IM343E t934E4ndnu Road 9336E Z
Thank you for your consideration.
Ted Luciani (teddytune@yahoo.com)
2013 East Andreas Road
Palm Springs, CA 92262
RECEIVED
CITY OF PALM SPRINGSTATE OF CALFORNA-THE RESO
DEPARTMENT TOFF F SIHAND GAME URCES AGENCY HAND
APR 20 Ah 9: 2'
ENVIRONMENTAL FILING FEE CASH RECEIPT 1`
, r'ICE 0r i•t � Cii Receipt#: 17-84037
State Clearinghouse#(if applicable): 2006071060
Lead Agency: CITY OF PALM SPRINGS !jars: 03/17/2017
CountyAgenryofFiling: RIVERSIDE DxeamrNo: E-201700297
Project Title: ADOPTION OF ORDINANCE NO. 1918 AMENDING &RESTATING MUNICIPAL CODE
ProjectApphcant Name: CITY OF PALM SPRINGS PlnmNumtec (760)323-8269
Project Applicant Address: 3200 E. TAHQUITZ CANYON, PALM SPRINGS, CA 92262
Project Applicant: LOCAL PUBLIC AGENCY
CAECKAPPLICABLE FEES:
IN Environmental impact Report
❑Negative Dedarmion $3,078.25
❑Application Fee WaterDiversion(State WaterResources Control BoardOnly)
❑Project Subject to Certified RegulatoryPrograms
®CountyAdiminstrationFee $50.00
❑Project that is exempt from fees(DFGNo Effect Determination (FormAttached)J
❑Project that isexetipifromfees(Notice ofEsemprion)
Total Received $3,128.25
Signature and title ofperson receiving payment r� Deputy
Notes:
ACR 533(Est.12/2013)
Print Form
Notice of Determination Appendix D
To: From:
❑ Office of Planning and Research Public Agency: City of Palm Springs
U.S. Mail: Sheet Address: Address: 3200 E.Tahquitz Canyon Way
P.O. Box 3044 1400 Tenth St., Rm 113 Palm Spnngs, CA 92262
Sacramento,CA 95812-3044 Sacramento,CA 95814 Contact: Flinn Fagg,AICP
Phone: (760)323-8269
r❑ County Clerk
County of: Riverside Lead Agency(if different from above):
Address: 2724 Gateway Drive
Riverside,CA 92507 Address:
Contact: _
Phone:
SUBJECT.,Filing of Notice of Determination In compliance with Section 21108 or 21152 of the Public
Resources Code.
State Clearinghouse Number(if submitted to State Clearinghouse): 2006071060
Project Title: Adoption of Ordinance No. 1918 Amending and Restating Municipal Code Relating to Vacation Rental:
Project Applicant: City of Palm Springs
Project Location (include county): Citywide-City of Palm Springs,Riverside County
Project Description:
See Attachment.
This is to advise that the The City of Palm Springs has approved the above
(E Lead Agency or❑ Responsible Agency)
described project on 311512017 and has made the following determinations regarding the above
(date)
described project.
1.The project[Z will ❑will not] have a significant effect on the environment.
2.0 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
❑A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures[El were [-I were not]made a condition of the approval of the project.
4.A mitigation reporting or monitoring plan[E]was [I was not] adapted for this project.
5.A statement of Overriding Considerations[r❑ was ❑was not]adopted for this project.
6. Findings[x❑were ❑were not]made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval,or the
negative Declaration, is available to the General Public at:
City of Palm Springs,Office of the City Clerk,3 00 E.Tahquitz Canyon Way,Palm Springs,CA 92262
Signature(Public Agency): Title: Director of Planning services
Date: March 16,2017 Date Received for filing at C F I L E D / P O S T E D
County of Riverside
Peter Aldana
Authority cited:Sections 21083, Public Resources Code. assessor-County clerk-Recorder
Reference Section 21 000-21 1 74, Public Resources Code. E-201700297
03/17/2017 08:22 AM Fee' $ 3128.25
Page 1 of 3
Removed: APR 17 Z0 Deputy
11119&F'A'XkN U11 111
Notice of Determination —Attachment
Project Description:
On March 15,2017,the City of Palm Springs adopted Ordinance No. 1918 which amended and restated
Chapter 5.25 of the Palm Springs Municipal Code, and added Section 93.23.16 to the Palm Springs
Municipal Code, relating to vacation rentals in the City of Palm Springs. Ordinance No. 1918 imposes
additional restrictions on vacation rental properties in the City and provides additional vacation rental
enforcement oversight. Ordinance No. 1918 amended Chapter 5.25 by, among other things, 1)
prohibiting an owner from maintaining a financial interest in more than one vacation rental, 2)requiring
owners and their agents/representatives to participate in annual training and testing, 3) limiting vacation
rental contracts to 32 contracts per year with an additional four contracts allowed during the summer
months, 4) imposing additional limitations on sound generating devices at vacation rentals, 5)prohibiting
yard maintenance and pool cleaning on weekends, 6) requiring in-person meetings between an owner or
the owner's agent/representative and a responsible party, and 7) imposing stricter penalties for violations
of Chapter 5.25. Ordinance No. 1918 also added Section 93.23.16 to the Palm Spring Municipal Code
which includes vacation rental estate homes as a use subject to a land use permit.
CEQA Determinations:
Adoption of Ordinance No. 1918 is not a "Project" Under CEQA
Public Resources Code § 21065 defines "project" as "an activity which may cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the environment." The
adoption of Ordinance No. 1918 regulating vacation rentals in the City does not have the potential to
result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment as Ordinance No. 1918 allows for the continued use of residential properties as
vacation rentals while imposing additional restrictions on their use, including those listed above. The
additional restrictions imposed by Ordinance No. 1918 are intended to reduce adverse effects of ongoing
vacation rentals on surrounding residential neighborhoods and will not result in a direct physical change
or reasonably foreseeable indirect physical change to the environment. Accordingly,the adoption of
Ordinance No. 1918,therefore, is not a"project" subject to CEQA. (Public Resources Code § 21065;
CEQA Guidelines § 15378(a))
Ordinance No. 1918 is Within the Scope of the General Plan Update Environmental Impact Report
Even if the adoption of Ordinance No. 1918 were considered to be a "Project" under CEQA, the
Ordinance is within the scope of the 2007 City of Palm Springs General Plan Update Environmental
Impact Report. The City of Palm Springs, as lead agency, prepared a Program Environmental Impact
Report entitled "City of Palm Springs General Plan Update Environmental Impact Report," State
Clearinghouse No. 2006071060 (the "2007 General Plan Update EIR"). The 2007 General Plan Update
EIR concluded that the General Plan Update would have a significant effect on the environment. In
connection with adopting the 2007 General Plan Update EIR, the City imposed mitigation measures and
adopted findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding
Considerations. The City certified the 2007 General Plan Update EIR on and filed a
Notice of Determination on
The 2007 General Plan Update EIR evaluated the environmental effects associated with the
implementation of the City's General Plan Update,which involved a revision to the land use map and to
the following elements: land use, housing, circulation, safety, noise, recreation, open space, and
893978J
conservation, community design, and air quality. Ordinance No. 1918 consists of regulations intended to
ensure that short-term rental use of residential property is an ancillary and secondary use of residential
property in the City and thereby preserves the residential character of the City's single-family and multi-
family neighborhoods as identified in the 2007 General Plan Update EIR. The City determined that: (a)
the adoption of Ordinance No. 1918 is within the scope of the 2007 General Plan Update EIR; and (b)the
adoption of Ordinance No. 1918 will not result in any new significant environmental effects or a
substantial increase in the severity of previously identified significant effects. Accordingly,the City has
determined that no further environmental review is required. (Public Resources Code § 21 166; CEQA
Guidelines §§ 15168, 15162)
The City is contemporaneously filing a Notice of Exemption regarding the adoption of Ordinance No.
1918.
893978.1
RECEIVED
CC( Y OF PALf1 SPkt, �
STATE OF CALIFORNIA-THE RESOURCES AGENCY2011 APR 2O AH 9' 25
DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEE CASH REC YPITICE OF ;;t L i i
Receipt#: 17-84037
State Clearinghouse#(if applicable):
Lead Agency CITY OF PALM SPRINGS Date: 03/17/2017
CouniyAgencyofFihng: RIVERSIDE DbcumenNo: E-201700298
Project Title: ADOPTION OF ORDINANCE 1918 AMENDING & RESTATING MUNICIPAL CODE
Project Applicant Name: CITY OF PALM SPRINGS Phxem lr. (760)323-8269
Project Applicant Address: 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
Project Applicant: LOCAL PUBLIC AGENCY
CAECKAPPLICABLE FEES:
❑Environmental Impact Report
❑Negative Declaration
❑Application Fee WaterDiversion(State WaterRemurces Control Board Only)
❑Project Subject to Certified RegulatoryPrograms
®CounivAdministrotionFee $60.00
❑Project that is exempt from fees(DPGNo Effect Determination (Form Attached))
®Project that isexemptfromfees(Notice ofEmmptton)
Total Received $50.00
Signature and title ofperson receiving payment: /r� Deputy
Notes:
ACR 533(Est.12/2013)
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): City of Palm Springs
P.O.Box 3044, Room 113 3200 E.Tahquitz Canyon Way
Sacramento,CA 95812-3044
Palm Springs, CA 92262
County Clerk
County of: Riverside (Address)
2724 Gateway Drive
Riverside, CA 92507
Project Title: Adoption of Ordinance 1918 Amending and Restating Municipal Code Re Vacation Rentals
Project Applicant: City of Palm Springs
Project Location-Specific:
City Widc-City of Palm Springs
Project Location-City: Palm Springs Project Location-County: Riverside
Description of Nature, Purpose and Beneficiaries of Project:
See Attachment.
Name of Public Agency Approving Project:City of Palm Springs
Name of Person or Agency Carrying Out Project:City of Palm Springs
Exempt Status: (check one):
❑ Ministerial (Sec.21080(b)(1); 15268);
❑ Declared Emergency (Sec.21080(b)(3); 15269(a));
❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c));
❑ Categorical Exemption.State type and section number:
El Statutory Exemptions.State code number: CEQA Guidelines§ 15061(b)(3)
Reasons why project is exempt:
See Attachment.
Lead Agency Flinn Fagg,AICP (760)323-8269
Contact Person: Area Code/Telephone/Extension:
If filed by applicant:
1.Attach certified document of exemption finding.
2. Has a Notice of Exempti n been filed by the public agency approving the project?. El Yes ❑No
Signature: Date: March 16,2017 Title: Director Planning Services
O Signed by Lead Agency ID Signed by Applicant
Authority cited:Sections 21083 and 21110,Public Resources Code. Date Received for filing at OPR:
Reference:Sections 21108,21152,and 21152.1,Public Resources Code. F I L E D / P 0 S T E D
County of Riverside
Peter Aldana
Assessor-County Clerk-Record
E-201700298
03/17/2017 08:22 AM Fee' 50.00
Page 1 of 2p
Removed: APR 17
2 qr�q
Deputy
�iii ,Est
Notice of Exemption—Attachment
Project Description:
On March 15,2017,the City of Palm Springs adopted Ordinance No. 1918 which amended and restated
Chapter 5.25 of the Palm Springs Municipal Code, and added Section 93.23.16 to the Palm Springs
Municipal Code, relating to vacation rentals in the City of Palm Springs. Ordinance No. 1918 imposes
additional restrictions on vacation rental properties in the City and provides additional vacation rental
enforcement oversight. Ordinance No. 1918 amended Chapter 5.25 by, among other things, 1)
prohibiting an owner from maintaining a financial interest in more than one vacation rental, 2) requiring
owners and their agents/representatives to participate in annual training and testing, 3) limiting vacation
rental contracts to 32 contracts per year with an additional four contracts allowed during the summer
months, 4) imposing additional limitations on sound generating devices at vacation rentals, 5) prohibiting
yard maintenance and pool cleaning on weekends, 6)requiring in-person meetings between an owner or
the owner's agent/representative and a responsible party, and 7) imposing stricter penalties for violations
of Chapter 5.25. Ordinance No. 1918 also added Section 9323.16 to the Palm Spring Municipal Code
which includes vacation rental estate homes as a use subject to a land use permit.
Reasons why Project is exempt:
Public Resources Code § 21065 defines "project" as "an activity which may cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the environment." The
adoption of Ordinance No. 1918 regulating vacation rentals in the City does not have the potential to
result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment as Ordinance No. 1918 allows for the continued use of residential properties as
vacation rentals while imposing additional restrictions on their use, including those listed above. The
additional restrictions imposed by Ordinance No. 1918 are intended to reduce adverse effects of ongoing
vacation rentals on surrounding residential neighborhoods and will not result in a direct physical change
or reasonably foreseeable indirect physical change to the environment. Accordingly, the adoption of
Ordinance No. 1918, therefore, is not a "project" subject to CEQA. (Public Resources Code § 21065;
CEQA Guidelines § 15378(a))
If the adoption of Ordinance No. 1918 were considered to be a "project" under CEQA, the adoption of
Ordinance No. 1918 would qualify for the "common sense" exemption set forth in § 15061(b)(3)of the
CEQA Guidelines. CEQA's "Common Sense" Exemption applies where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment. (CEQA Guidelines § 15061(b)(3)) In order to determine whether a project will have a
significant environmental effect, a lead agency must first define the baseline environmental
conditions. The "project" for CEQA purposes consists of changes in the baseline conditions, if any,
that the lead agency's action will cause. The baseline usually consists of the physical conditions that
exist when the lead agency commences CEQA review. (CEQA Guidelines § 15125(a)) Here, the
adoption of Ordinance No. 1918 would not result in a change to the environmental conditions
existing under the prior version of Chapter 5.25. As described above, Ordinance No. 1918 allows for
the continued use of residential properties as vacation rentals while imposing additional restrictions
designed to minimize adverse effects of vacation rentals on surrounding residential neighborhoods.
Accordingly, any change in baseline environmental conditions caused by Ordinance No. 1918 would be
to improve existing environmental conditions. It can be seen with certainty, therefore, that there is no
possibility that the adoption of Ordinance No. 1918 may have a significant effect on the environment
and is exempt from CEQA review pursuant to CEQA Guideline § 15061(b)(3).
The City is contemporaneously filing a Notice of Determination regarding this project.
893978.1
City Council Staff Report, March 15, 2017
ITEM NO. 2.C.
Page 13 of Staff Report
Page 11 of Ordinance No. 1918,
ORDINANCE NO. 1918
Chapter 5.25
VACATION RENTALS
5.25.070 Operational Requirements and Standard Conditions.
(m) (additional wording)
A video call that records the Responsible Party and a presentation that
explains and describes all rules and regulations applicable to the use of the
property as a vacation rental may be substituted in place of an in-person
meeting. After following the procedures in this paragraph (m), a digital
signature of the Responsible Party and each guest will be obtained prior to
or within twenty-four (24) hours of the arrival of the guest(s) at the Vacation
Rental as an acceptable method of acknowledgement of receiving a
statement of the rules and regulations prepared by the City Manager.
Kathie Hart
From: lucien wolff<lucien@desertwolff.com>
Sent: Wednesday, March 15, 2017 4:19 PM
To: Rosemarie Vacano;To: David Kroes; Dan;Al Franco; "alicekay2020@gmail.com";
"atteberry.ryan@gmail.com"; "judithkoubek@yahoo.com"; David Fraunfelder; "nick@nickhalerealty.com";
Ingleside Inn; NEIL CURRY I NDC Homes; Kathie Hart; "Mark S. Owens"; "timw@windermere.com";
"doug@dougbalog.com"; Boris Stark;Suzanne Severin;Amanda McWilliams; Flinn Fagg;
"eddiem@huntersnightclubs.com";April Gunkel; "den ise.goolsby@desertsun.com"; Kevin Nalder;William
Hutchinson;Ariana Muniz; "catherine.salazar@palmspringsca.gov"; Daniel Glenn; Dolores Olvera;
"jasonyates@vacasa.com"; "jasonbianco@vacasa.com"; "joanne.bruggemens@palmspringsca.gov";
"rox.oneill@palmspringsca.gov"; Shantel Sterling; Sharon Riddle; "bdyaklich@gmail.com";
"brucecronander@gmail.com"; "davids@villaroyal.com"; Deborah Rivera; "desertrat2002@gail.com";
"donvilen@hotmail.com"; Faith Roche; "izayahps@gmail.com"; Rosemarie Vacano; "mike@speaking.com";
"nelson.t.simmons@gmail.com"; "pad ula.bruce@gmaiLcom"; "pjeffreydavis@gmail.com";
"rex.oneill@palmspringsca.gov"; "rowdino@icloud.com";Sheila Cobrin; Cindy Cairns;
"davidready@palmspringsca.gov"; David Fraunfelder
Subject: This is shameful
I find this public shaming, bad language and name calling disgraceful.
It is not the way to tackle this issue, whether one agrees with what you are saying or
not.
This email is disgusting and you owe Jeff Koors an apology.
Lucien Wolff
Begin forwarded message:
From: david <davidl819@Vahoo.com>
Subject: Fw: "THE DAILY SERF REPORT"
Date: March 15, 2017 at 1:51:32 PM PDT
To: David Kroes <dskroes@gmail.com>, Dan <dbarber872@aol.com>, Al Franco <al.franco@desertsun.com>,
"3licekay2020@gmaiI.com" <alicekaV2020@gmail.com>, "atteberry.ryan@gmail.com"
<atteberrv.ryan@gmaiI.com>, "judithkoubek@Vahoo.com" <judithkoubek@yahoo.com>, David Fraunfelder
<davidl819@vahoo.com>, "nick@nickhalerealtV.com" <nick@nickhalerealty.com>, Ingleside Inn
<contact@inglesideinn.com>, NEIL CURRY I NDC Homes <neilcurry@ndchomes.com>,
"kathie.hart@palmspringsca.gov" <kathie.hart@palmspringsca.gov>, "Mark S. Owens"
<mark.steven.owens@gmail.com>, "timw@windermere.com" <timw@windermere.com>, "doug@dougbalog.com"
<dougCa@dougbalog.com>, Boris Stark<boris.stark@palmspringsca.gov>, Suzanne Severin
<Suzanne.severin@palmspringsca.gov>, "amanda.mcwilliams@palmspringsca.gov"
1
<amanda.mcwilliams@palmspringsca.gov>, "flinn.fagg@palmsprings-ca.goy' <flinn.fagg@palmsprings-ca.gov>,
"eddiem@huntersnightclubs.com" <eddiem@huntersnightclubs.com>, April Gunkel <mtngateno@me.com>,
"den ise.goolsby@desertsun.com" <denise.goolsbv@desertsun.com>, "kevin.nalder@palmspringsca.goy"
<kevin.nalder@palmspringsca.gov>, "william.hutchinson@palmspringsca.gov"
<william.hutchinson@palmspringsca.goy>, "ariana.muniz@palmspringsca.gov" <ariana.muniz@palmspringsca.gov>,
"catherine.salazar@palmspringsca.goy" <catherine.salazar@palmspringsca.gov>, "daniel.glenn@palmspringsca.gov"
<daniel.glenn@palmspringsca.goy>, "dolores.olvera@palmspringsca.goy" <dolores.olvera@palmspringsca.goy>,
"iason.vates@vacasa.com" <iason.vates@vacasa.com>, "iasonbianco@vacasa.com" <iasonbianco@vacasa.com>,
"ioanne.bruggemens@palmspringsca.gov" <Joanne.bruggemens@palmspringsca.gov>,
"rox.oneill@palmspringsca.goy' <rox.oneill@palmspringsca.gov>, "shantel.sterling@palmspringsca.goy"
<shantel.sterling@palmspringsca.gov>, "sharon.riddle@palmspringsca.gov" <sharon.riddle@palmspringsca.gov>,
"bdvaklich@gmail.com" <bdvaklich@gmail.com>, "brucecronander@gmail.com" <brucecronander@gmail.com>,
"davids@villaroval.com" <davids@villaroyal.com>, "deborah.rivera@palmspringsca.gov"
<deborah.rivera(q@palmspringsca.gov>, "desertrat2002@pail.com" <desertrat2002@gail.com>,
"donvilen@hotmail.com" <donvilen@hotmail.com>, "faith.roche@ pal mspringsca.goy"
<faith.roche@palmspringsca.gov>, "izayahps@gmail.com" <izavahps@gmail.com>, "mado@mado.cnc.net"
<mado@mado.cnc.net>, "mike@speaking.com" <mike@speaking.com>, "nelson.t.simmons@gmail.com"
<nelson.t.simmons@gmail.com>, "padula.bruce@gmail.com" <padula.bruce@gmail.com>,
"pieffreydavis@gmail.com" <pieffreydavis@gmail.com>, "rex.oneill@palmspringsca.gov"
<rex.oneill@palmspringsca.gov>, "rowdino@icloud.com" <rowdino@icloud.com>, Sheila Cobrin
<scobrin@hotmail.com>, Cindy Cairns <cindy.cairns@palmspringsca.gov>, "davidreadv@palmspringsca.goy"
<david ready@ palmspringsca.goy>
Reply-To: david <davidl819@vahoo.com>
On Wednesday, March 15, 2017 1:34 PM, david <davidl819(&vahoo.com>wrote:
JEFF KORS:
Just who the hell do you think you are??
Better yet just who the hell do you think you represent??
Certainly not the "real residents" of Palm Springs!
The ones who voted for you! Remember them!
OVER 75% of the listed vacation rentals in Palm Springs R1 neighborhoods are owned by
people who do not live in Palm Springs! WHO DO NOT VOTE IN PALM SPRINGS!
I quote you: "A moratorium on the issuance of new short term rentals permits is not a move
the city can support!"
That is a factual lie!
The Mayor did not support that in the last meeting! And "back room mills" didn't vote! So it
was just you, roberts and "follow the herd" foat.
AND when you say, "THE CITY" are you talking about "THE CITY" that brought the FBI to our
door! Put millions into a project that most were against if not at first, certainly along the way
and will cost the "real residents" while we try to dig our way out of the worst planned project
in California history
Can't even take care of a vacant lot that is hip deep in weeds, put up the silliest entrance
signs that impede traffic and has been demolished by vandals!
Are you talking about "THE CITY' where the "real residents" have lost all faith in good
government! YOU want a list of all the "Cranks"(roberts term") that have spoken out against
council and city staff and have been proven right every time!
2
When you say that residents who are living in their homes in Palm Springs have the right to
"short term" it 36 weeks out of the year! You are talking out your ass!
How could people live in a home that they rent out 36 times a year!
WHERE DO THEY GO THOSE 36 WEEKENDS?? Do they live in the "garden shed!"
OVER 75% of the owners of these illegal business in RI neighborhoods do not live in Palm
Springs! I found one whose listed address was Australia!
There is a report that shows that the ratio of "real residents" to "vr's" in Palm Springs is the
highest in the ENTIRE COUNTRY! The City you talk about gave all sorts of "sweetheart" deals
to Hotels on their fair share of the TOT TAX and now want to make up the short fall on the
backs of the neighborhoods!
I said during the election you were a one issue candidate, "gay rights" and this was just a
stepping stone to the state capitol You should stick to the limited topics you know!
BECAUSE YOU DON'T KNOW SHIT ABOUT WHAT YOU ARE DOING TO THE NEIGHBORHOODS!
You should be ashamed of your actions! I always thought your nick name. "Raggity Andy was
due to your hair, but it has become apparent it is due to your head full of straw!
3
A Of VPLM S. City of Palm Springs
�y
O
V N
VACATION RENTAL ADMINISTRATIVE REGULATIONS
OrotN�P
Subject: Displaying of Vacation Rental City ID Number on Advertising
I. Purpose
To clarify and facilitate compliance with, and enforcement of Ordinance Number 1918, Palm
Springs Municipal Code 5.25.040, Section (f), displaying of Registration Certificate on all web
based advertising, hosting platform, print media, and television.
II. Application
Palm Springs Municipal Code Section 5.25.070(t) authorizes the City Manager to establish
requirements for the display of Registration Certificate on all web based advertising, hosting
platform, print media, and television. As such, the City Manager finds and requires that posting
of the City ID Number satisfies the requirements of Section 5.25.040 (f) specific to advertising of
each Vacation Rental or Homeshare Interest.
III. Procedure
A. Registrants will ensure that the City ID Number for each Vacation Rental shall be
reflected on all web based advertising, hosting platform, print media and television.
1. The City ID Number will be prominently and legibly included in the Property
Description section of the Vacation Rental or Homeshare Interest web based
advertising, hosting platform, print media and television. City ID Number will be
listed on all such advertising in the following format: "The City of Palm Springs ID
#" followed by the unique City ID Number listed on the Registration Certificate. See
Exhibit A on page 2.
2. It is the sole responsibility of the owner or owner's agent to comply with this
Regulation regardless of advertising platform changes by a host, and technical
issues shall not excuse any violation hereof.
B. Property Description Definition
1. Property Description is defined as the location on the landing page where it
references the description of the Vacation Rental property. Such section may be
referred to by the following names and is not limited to: About the property, About
this listing, About this Vacation Rental, Overview, Summary, or something similar.
- 1 -
C. Absence of the City ID Number in advertisement is all is that is required to prove a
violation of this regulation and the ordinance. Burden of production and proof is on the
registrant as to any claims re technical problem preventing compliance.
Failure to follow this Regulation will result in fines and penalties pursuant to Palm Springs
Municipal Code Section 5.25.090(d).
IV. Effective Date
This Administrative Regulation shall be effective September 1, 2017.
APPROVED: � A �OR
DAVID H. READY, EDWARD Z. KOTKIN
City Manager, Esq. Ph.D. City Attorney
EXHIBIT A (below)
e3CITY OF PALM SPRINGS
VACATION RENTAL RECISTRATION CERTIFICATE
I IS YOUR RESPONSIBIIINTO RENEW&UPDATE THIS CERTIFICATE ANNUALLY
32M E.Tah9uitr Canyon Way,Palm Springy CA 9226217W)322.8369
PROPERTYADDRESS: 1234 Ma/n Street
car fORd23a Palm Spr rap,CA 92262
OCCUPANCYUMITS: DAYTIME: OVERNIGHT.,
KEY VACATION RENTAL REGULATIONS:
A written rental agreementia reauired prior to occupancy of this Vacation Rental Property.
The Responsible Party occupying this Vacation Rental Property shall be at least 25 yews old,and Is
responsible for the compliance of the vacation Rental Regulations for NI occupants and guests.
Amplification of souncl including music,outdoor speakers,Ns,etc.,outside of the dwelling unit is
PROHIBITED and MALL NOT I E AUDIBEE AT TiR PROPERTY LINE.
Mnvmum occupancy limits for Nis vacation Rental Property as listed above shall not be exceeded at
any time.Please note that Vacaton Rental unit operators may impose their own oreupanr,limits as
tang as they do not exceed the C@ys
Trash and refuse shall not be left stored within public view,and must be in proper containers for the
purpose of collection by the collectors and between the hours of five a.m.and alght p.m,on scheduled
trash collection days.
The use of a Vacation Rental unit shall not violate any applicable conditions,covenants,w other
restrRbons on real property.
Occupants we subject to immediate citation and fine for creating a disturbance or violating the Vacation
Re mal or *e,,egu lations.
TOT PERMITNUMBER:PS
AGENCY NAME OR RENT BY OWNER: By Owner
DATE PROCESSED: xa/aa/xr D IFIRATIOIy MIEt ro✓xa/Am
Please tall 760-322.8383 to report any violations Of vacation Rental Regulations PSMC Ch.5,25
MUST BE POSTED IN A CONSPICUOUS PLACE
- 2 -
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262
760-778-4578/Fax 760-7784731
State Of California ss: n n
County of Riverside -nZi
m
rn T+► O
O
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743 F6 to r t
PALM SPRINGS CA 92263 c: a
f*1
Order# 0002021968
r W Z
r�T
�5 ,r
I am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
panel) in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The DesertSun t ooai rt'~; DI
AN ORDINANCE OF I , GnY OF PALM SPRINGS,CALIFORNIA AMENDING,AND
3/25/2017 RESTATING CHAPTE - 25 Or AND ADDING SECTION'9323 16 TO THE PALM
SPRINGS MUNICIPAL r ELATING TO VACATION RENTALS ;
a'df.tipi`i
yy����ddC�At�amey�fumrgary j »
a
Mon a °�7&4 A`Yl*rt�`i5^A
r, inan'te'�'iestata3m Ni c y'l, dopMdvacat{°91+�'pl
e ofvcF Pses;a /res�kF,(°9{°0 Pc7upanfy end
P ,l°Pal' ngs dlffzdfanS?44,,��gqrrrr{{F+tmMtary
Iytwoi �� �IS��nmY�uPit��pryyfdespjH�q�al 'I acknowledge that I am a principal clerk of the enfp ,
printer of The Desert Sun, printed and a� O Tex t
"ST� FTFAI:I �' "�Fl�`T �`•1413i•T�- '.A7`iiUNR+fFikN�
published weekly in the City of Palm Springs, E
ouN YOF RIVERSIDE
County of Riverside, State of California.The S
L RIB. `fr",merlm'Oc' Cle x1 le a IP�
Desert Sun was adjudicated a Newspaper of
Lytha{pdinag5e o.191Bisa ILvuean car o a m ued
general cNculation on March 24 1968 by the VIVO
ta .GN.4g.Ml t Pp k, Sarf ,U m bru,
n I
Superior Court of the County of Riverside, �. X, ��bj�t�e
✓ h i«TF'ka'
State of California Case No. 191236.
EMrvl�fl��eS M�llsrpryn"°c�"1�aN�iht�L,exn'r .s
RECUSED None r <T
I declare under penalty of perjury that the
foregoing is true and correct. Executed on
this 25th da If MAR K 2017 in Palm
Springs,C 'ornia
Declarant
The Desert Sun
Q �(/ 750 N Gene Autry Trail Certificate of Publication
�J Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731 RECEIVED
1 Y OF PALM SPRINGS
State of California ss: 2611 MAR —9 AM 7 59
County of Riverside
OFFICE OF i r,'E Ci i Y CLERK(
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001968402
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said a [iTmaRaer u<+�
newspaper(set in type not smaller than none:
panel) in each and entire issue of said
newspaper and not in any supplement thereof �� xOTICEDFeueuclEanxTs' t "`
on the followingdates,to wit: ruxMxctlsspx s t,
crrygogxcu r
r
Newspaper:The Desert Sun ./ - CRY OFPN]A$PRIA68
A ZONING TEXIAMENDMENTTO AMENb THE PA4M IINfiS ZONINGCODE
3/4/2017 . 1 ;'~ RELATING SPEC=nANDARDS FORW�CATION I�ENfALS FESrAjE'Ii�S
CASE 51411
NOil f IS HEREBY GPM that the planning Commission of the City of Pa1 Spdngs,CalRomla,w10 hold a public hearing at its
meetng of March 15,2017.The P1anning'CommHsion meetng beglna'at 1:3D g.m:,in Be Capncll Chamber at City Han $200 E-
lahguez Cu"oway p.wm Spfmgs: a :
I acknowledge that 1 am a principal clerk of the " 1' t �,�" L `* ! sa ,z, .�r a "a k ��� a 3n
rinterofTheDesertSun, printed �Olnrlrn�Cl.YxgncjIstjERERYSIvaltnaC,{ffeOo5lndf �Ily- f JprT 'teeojro (a�'W1(f/dttlgpuMlchmrgg'at`;.
P P is meptlng of March 18¢o13�rne city Cauncll Jje t f ebins�g oap ',1n p g�Co {Af LLy Hell 3�200 E Tahguez
published weekly in the City of Palm Springs, Canyonwey Pams�ings +` 91 nnF i r o iari r}
Countyof Riverside, State of California.The
The"pumuseolMis headrq lsmcorebereq sppllcatlon bymp ci{y Mrem pkh Jrltl,!nq' ,( $e CWYmtRPn im,
Desert Sun was adjudicated a Newspaper of eland Nse['ermlt Dnx�s(prtre yacatlon repral of,Fslata HOmea tndecspac1�gsm
�P4eltd�a ado le{lomeg are defined asasfng a-;
mmiy dwelling with hetlmbms bfahtl aA propeity zoiced R 1 b YA, 4 NII, ;
general circulation on March 24, 1988 by the ° �,� rx� ,r�+t':�sm,�.s�.b rr �s t� ;,s,q
Superior Court of the County of Riverside, EM(IRDNMFMALQ MiNAnON PursuaRmmsDeepmiaEpwrangiamart. p t,(D { tgQln eJgo' i a3Tsxr
State of California Case No. 191236. Argend�ieilfllas ,''prq�ect"•Statf hasdalermirred Matthe pm etl2ane gn"Endmemy ass$$ zrW nceY;
be deemed Cete�irorkelmpl i*ro�Me prsvlsls�of 10A Ji�d��n t � tl tf `t7inimt6-hs�of the
GuMelines.The proposAJZoneTextAmendment o�Af"[ �� iffy t� sm (ree @ m^-A,
- t y>•n0 x9Yirfirinj wNue Mee rb�
REVIEW 3p t�IPoRMnTIO Th;P�9P��aPpllrktdllslmMplaii"fJrltl r amd wide � b(d ta7 PL61 Gees.
r be�veen the hours ol¢OOa mtantlB gOPm.Mgrda"yq�mhThr�e�.enh >I;re111& {1f -
t9bu would llNe'm echatlMetln apPa 4nemm ew We doeWgeP�S4 u t is x -i�a + i,:�r trna+ ;
I declare under penalty of perjury that the m' 7 y , " 3v+a m+
x a )si , .v Num i 3...» " t s r au
foregoing is true and correct. Executed on' fee,
headn9 Wdxen co an grey ba metle m the PI§d_ning Cammieslan.Y s d[yak ®gpnngage.gw t!1 ryliwm I or;.
this 4th day MA CH, 2017 in Palm hand delN"ery)
Springs, Ca' rnla. "' ,r Hi p r rr { o nS 1 x N» $Y 7 a
, ,a r ->• > m d
rrt ArimdmC OI
ae�"'a�=4'#,4� apt r32f1hE'YelgOdzcen�jon�Nleq` v r �. m^ tea+• wUen +r'a
a rih.�m'un;NF.'7F^i N.,pal�SprinAs CAi9�2G2 ';, m r7 xi�'dC, rarl'axipc c 4 �.
my challenpe�otthe " incourt llmifedTo —'0 ty1Mse 7 e allC
at in wrmenc '°detveretltatl�ei hy`Cle'rlc' Sii f6 ldma ublfc'.if
y `tin
An oPPorNnigr yell be gfvefi at veld heartnn�g i persons
Rmn Fagg Utecfar df Planning ServiCoe•at(750)3238245 TdeY` �wD
� 3t3 ' fJi Arta'itT C Ip +�31F Lq
t SI canas�csna,porlaWi Rare a la Clatled de Palm Spri?ypuetle ar 601 3 23-8 2 5 3P
tfi aM EOLFno F''Iktsk{`k4n5 GFgoA' as x9 1ft,
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