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<,FoIL City Council Staff Report
DATE: December 14, 2016 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1907
AMENDING AND RESTATING CHAPTER 5.25 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO VACATION RENTALS AND CEQA
DETERMINATION
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1907.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and adopt Ordinance
No. 1907, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING CHAPTER 5.25 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO VACATION RENTALS."
STAFF ANALYSIS:
On November 30, 2016, Ordinance No. 1907 was introduced for first reading, and on
December 7, 2016, Ordinance No. 1907 was reintroduced for first reading, as noted
below:
ACTION: 1) Waive reading of the text and re-introduce by title only for first
reading Ordinance No. 1907, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION
RENTALS." As amended.
Motion by Councilmember Roberts, seconded by Councilmember Kors,
and carried 4-0-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
Item No. I .A.
ADOPTION OF ORDINANCE NO. 1907
December 14, 2016
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, Esq.,
City Clerk City Manager
/kd h
Attachments:
Ordinance No. 1907
02
ORDINANCE NO. 1907
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
5.25 OF 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 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
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.
(b) Incidents involving excessive noise, disorderly conduct, vandalism,
overcrowding, traffic congestion, parking congestion, and the accumulation of refuse,
require response from police, fire, paramedic, and other City services associated with
this secondary, ancillary, commercial use escalates the demand for City services,
create adverse impacts in the residential areas of the City, and adversely affects the
City's residential neighborhoods. Vacation Rentals and Homesharing use in residential
neighborhoods may have effects that can best be addressed through an appropriate city
regulatory program.
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Ordinance No. 1907
Page 2
(c) 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
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.
(d) 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.
(e) 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.
(f) 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.
04
Ordinance No. 1907
Page 3
"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.
"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.
05
Ordinance No. 1907
Page 4
"Homeshare Interest" means a portion of an Owner's home that is subject to
homesharing as provided in this Chapter.
"Homesharing" means an activity whereby the Owner hosts visitors in the
Owner's home, for compensation, for periods of twenty-eight (28) consecutive days or
less, while the Owner lives on-site and in the home, throughout the visitor's stay.
"Hotline" means the telephonic service operated by or for the City for the purpose
of receiving complaints regarding the operation of any Vacation Rental and the
forwarding of such complaints to the appropriate city enforcement officials or, if
applicable, the Local Contact Person. For the purposes of this Chapter, the term
"Hotline" also includes any contact in person or by telephone, email, 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.
"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. 1907
Page 5
"Vacation Rental Registration Certificate' or 'Registration Certificate" means the
annual permit and/ora 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. Renewals of
Vacation Rental Registration Certificates issued on or after November 24, 2016 to a
Business Entity (other than a limited liability company) shall terminate on March 1,
2017; a renewal of a second Vacation Rental Registration Certificate, or more, issued to
an Owner shall terminate on March 1, 2017.
(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 November 24, 2016 for the period of time
between November 24, 2016 through January 1, 2021. The provisions of Subsection
(a) of this section shall not apply to or be enforced against any business entity, or its
successor natural person that operates a Vacation Rental pursuant to a valid Vacation
Rental Registration Certificate issued prior to November 24, 2016 for the period of time
between November 24, 2016 through January 1, 2021 so long as such business entity
for each Vacation Rental complies with the provisions of Section 5.25.085. The
purpose of this deferral of the enforcement of the provisions of Subsection (a) is for
persons or entities issued valid vacation Registration Certificates prior to November 24,
2016 to be afforded 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.
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Ordinance No. 1907
Page 6
(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.
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.
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
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Ordinance No. 1907
Page 7
Vacation Rental as well as copies of legal documents creating such financial
interests.
(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 II,
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.
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Ordinance No. 1907
Page 8
(10) Evidence of insurance coverage as required under Section 5.25.070(t) of
this Chapter.
(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. 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.
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Ordinance No. 1907
Page 9
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. 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) 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.
(ii) 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.
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 to park on the street for each Vacation Rental unit and no
more than two (2) additional automobiles may be parked in the street during daytime
occupancy for daytime occupants. 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 may apply to the City Manager for an Exemption
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.. The City Manager
shall provide notice to all owners of property within two hundred and fifty (250) feet of
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Ordinance No. 1907
Page 10
the boundaries of Vacation Rental Exemption site at least ten (10) days prior to
rendering a decision on the application. . The City Manager shall review the application
for an Exemption and may approve such Exemption if the City Manager finds such
additional occupancy is consistent with the purpose, intent, and goals of this Chapter
and any guidelines as may be adopted by the City Council. Such Exemption, if granted,
may be subject to conditions and will be subject to annual review and renewal
consideration after providing notice as required in this Subsection.
(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
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.
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Ordinance No. 1907
Page 11
(i) The Owner, or his or her agent, shall, upon notification by the Enforcement
Official 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 when requested by the City
Enforcement Official, evict one or more of the guests. For the purpose of this
Subsection and Subsection 0) 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.
0) 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) 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
each entry door or in a conspicuous location near each entry door on the Vacation
Rental.
(m) 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;
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Ordinance No. 1907
Page 12
(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.
(n) The use of a Vacation Rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
(o) 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.
(p) 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.
(q) 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
14
Ordinance No. 1907
Page 13
modifications of to the standard conditions shall not further exacerbate an already
existing problem.
(r) 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.
(s) 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.
(t) Owner shall annually secure a building and fire and safety inspection prior to
renewal of the Vacation Registration Certificate.
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
15
Ordinance No, 1907
Page 14
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).
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
16
Ordinance No. 1907
Page 15
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.
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.
17
Ordinance No. 1907
Page 16
(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
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.
18
Ordinance No. 1907
Page 17
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. 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 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 3. 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 4. 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 5. Notwithstanding any provision to the contrary in this Ordinance, any
limitation or prohibition regarding homes that would otherwise qualify as an estate home
shall not be applicable or enforceable until the thirty-first (31') day after this Ordinance
19
Ordinance No. 1907
Page 18
becomes effective and Contracts for such homes, fully executed prior to such date, shall
be recognized as valid under this Ordinance.
SECTION 6. 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 7..The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 14T" DAY OF DECEMBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
20
Ordinance No. 1907
Page 19
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1907 is a full, true and correct copy, and was introduced at an adjourned
regular meeting of the Palm Springs City Council on the 30th day of November, 2016,
re-introduced on the 7th day of December, 2016, and adopted at an adjourned regular
meeting of the City Council held on 14th of December, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
21
CORRESPONDENCE RECEIVED REGARDING
VACATION RENTALS ARE ON FILE IN THE
OFFICE OF THE CITY CLERK
22
Cindy Berardi
From: Colin Sarjeant <sarj@earthlink.net>
Sent: Thursday, December 08, 2016 1:15 PM
To: 1R Roberts
Cc: CityClerk; Geoff Kors
Subject: Vacation Rental fee Schedule Suggestion
Last night you mentioned the possibility of having a lower fee schedule for Condos and Casitas. On the surface that
seems reasonable but should the owner of a large 3 bedroom condo really pay a lower fee than the owner of a small 1
bedroom house? My suggestion would be to tie the fee to the bedroom count.You have already tied occupancy and
therefore potential income to the bedroom count, why not do the same for the fee schedule?That would be fair and
would not be arbitrary. Potential fee schedule:
1 Bedroom Casita, condo or house$450, 2 bedroom $600, 3 bedroom $750, 4 bedroom $900, 5 bedroom estate house
$1050, 6 bedroom estate house$1200. (a 4 or 5 bedroom house that doesn't qualify as an estate house would pay the
same fee as a 4 bedroom house since they would have the same occupancy limit)
A$900 fee isn't unreasonable if you're renting a 4 bedroom house in Vista Las Palmas for$1000 a night but I only get
around $200/night for my 1100 SF 2 bedroom house. $900 is a big hit. I bought the house hoping to retire there
eventually and I have been using the modest profit to pay down the mortgage. Like most Americans I don't have a
pension plan so this is my retirement plan. With the new limitations I won't be making a profit but I still hope to retire
someday.
Thank you,
Colin Sarjeant
1
Cindy Berardi
From: Colin Sarjeant <sarj@earthlink.net>
Sent: Thursday, December 08, 2016 1:15 PM
To: JR Roberts
Cc: CityClerk; Geoff Kors
Subject: Vacation Rental fee Schedule Suggestion
Last night you mentioned the possibility of having a lower fee schedule for Condos and Casitas. On the surface that
seems reasonable but should the owner of a large 3 bedroom condo really pay a lower fee than the owner of a small 1
bedroom house? My suggestion would be to tie the fee to the bedroom count.You have already tied occupancy and
therefore potential income to the bedroom count, why not do the same for the fee schedule?That would be fair and
would not be arbitrary. Potential fee schedule:
1 Bedroom Casita, condo or house $450, 2 bedroom $600, 3 bedroom $750, 4 bedroom $900, 5 bedroom estate house
$1050, 6 bedroom estate house $1200. (a 4 or 5 bedroom house that doesn't qualify as an estate house would pay the
same fee as a 4 bedroom house since they would have the same occupancy limit)
A$900 fee isn't unreasonable if you're renting a 4 bedroom house in Vista Las Palmas for$1000 a night but I only get
around $200/night for my 1100 SF 2 bedroom house. $900 is a big hit. I bought the house hoping to retire there
eventually and I have been using the modest profit to pay down the mortgage. Like most Americans I don't have a
pension plan so this is my retirement plan. With the new limitations I won't be making a profit but I still hope to retire
someday.
Thank you,
Colin Sarjeant
t
23
Cindy Berardi
From: moxygroup@yahoo.com
Sent: Wednesday, December 07, 2016 7:14 PM
To: A Roberts; Chris Mills
Cc: Colin.Atagi@DesertSun.com; Robert Moon; Ginny Foat; David Ready; CityClerk; Geoff
Kors; newsline3@kesq.com
Subject: Re:Vacation Rental Policy Comments
JR, Geoff, Ginny, Chris, Moon
There were clearly an overwhelming - 80% majority of us at the last city council meetings pleading our cases
for a reasonable solution to noise and corporations. Instead, JR, Geoff& Mr. Moon came back with what most
are saying are over-reaching, draconian rules and regulations which everyone with common sense knows will
hurt local homeowners who happen to rent their homes and force many to consider selling their once
retirement homes. Is this what you hoped to accomplish in your quest for change?
How does limiting contacts to 32 per year help those of us that have followed the rules and based our income
on 40 or more contracts, paid our TOT dues and been living a certain lifestyle based on that income for the
past many years? It doesn't.
And the fact that Geoff has the audacity to argue that us local Palm Springs homeowners, "shouldn't have to
make money on a rental income that you tax us on and "that we should make up the difference on our
expenses," and throw veiled threats to stop allowing renting all together is cocky, preposterous and
hypocritical.
How about we muster a recall vote and or limit your incomes starting next year and implement that same
mentality with your hotel business friends - No - don't like that?
During the last meeting, Ginny made logical and reasonable arguments, regarding the contracts minimums and
less restrictions and suggested 40 contracts, but JR and Geoff dictated the conversation and instead double
teamed and tried to ram down Ginny's throat their restriction ideas.
Last time I checked, Palm Spring is still in the US and not a dictatorship, but apparently, neither of you
sincerely care what the majority of us, Palm Springs homeowners who have been asking you for these past
months at EVERY meeting and have - in a majority - spoken out on, instead you've chosen to ignore
everyone's wishes of a fair and reasonable solution to the issues we all originally agree on for your own
personal ambitions and have now forced legislation down our throats.
Not sure what kind of organization you think you're running over there, but dear elected officials you've really
upset allot of people with your selfish actions and so I would expect that if these proposals pass as-is, you'll
see any number of things happen including a class-action lawsuit and all that goes along with it.
If mistrust, anger and ill-will was what you were looking to accomplish, you certainly achieved your goals.
Regards,
Chad and company
t
Cindy Berardi
From: moxygroup@yahoo.com
Sent: Wednesday, December 07, 2016 7:14 PM
To: JR Roberts; Chris Mills
Cc: Colin.Atagi@DesertSun.com; Robert Moon; Ginny Foat; David Ready; CityClerk; Geoff
Kors; newsline3@kesq.com
Subject: Re:Vacation Rental Policy Comments
JR, Geoff, Ginny, Chris, Moon
There were clearly an overwhelming - 80% majority of us at the last city council meetings pleading our cases
for a reasonable solution to noise and corporations. Instead, JR, Geoff& Mr. Moon came back with what most
are saying are over-reaching, draconian rules and regulations which everyone with common sense knows will
hurt local homeowners who happen to rent their homes and force many to consider selling their once
retirement homes. Is this what you hoped to accomplish in your quest for change?
How does limiting contacts to 32 per year help those of us that have followed the rules and based our income
on 40 or more contracts, paid our TOT dues and been living a certain lifestyle based on that income for the
past many years? It doesn't.
And the fact that Geoff has the audacity to argue that us local Palm Springs homeowners, "shouldn't have to
make money on a rental income that you tax us on and "that we should make up the difference on our
expenses," and throw veiled threats to stop allowing renting all together is cocky, preposterous and
hypocritical.
How about we muster a recall vote and or limit your incomes starting next year and implement that same
mentality with your hotel business friends - No - don't like that?
During the last meeting, Ginny made logical and reasonable arguments, regarding the contracts minimums and
less restrictions and suggested 40 contracts, but JR and Geoff dictated the conversation and instead double
teamed and tried to ram down Ginny's throat their restriction ideas.
Last time I checked, Palm Spring is still in the US and not a dictatorship, but apparently, neither of you
sincerely care what the majority of us, Palm Springs homeowners who have been asking you for these past
months at EVERY meeting and have - in a majority- spoken out on, instead you've chosen to ignore
everyone's wishes of a fair and reasonable solution to the issues we all originally agree on for your own
personal ambitions and have now forced legislation down our throats.
Not sure what kind of organization you think you're running over there, but dear elected officials you've really
upset allot of people with your selfish actions and so I would expect that if these proposals pass as-is, you'll
see any number of things happen including a class-action lawsuit and all that goes along with it.
If mistrust, anger and ill-will was what you were looking to accomplish, you certainly achieved your goals.
Regards,
Chad and company
1 24
Cindy Berardi
From: Joan Martin <dealassist@gmail.com>
Sent: Thursday, December 08, 2016 7:32 AM
To: CityClerk
Subject: Vacation Rentals are ok if...
Hello City Clerk Thompson:
My wife and I own a home in the Mesa. We bought it in the downturn of 2009 (it was a wreck, owned by the
bank), put about $250,000 of our own money into fixing it up and are now renting it. We have never had a
complaint about noise because we do not rent it to noisy party people. During the Coachella Festival we are
reluctant to rent it at all!
We intend to retire at this home but are too young and not rich enough to do so. In the meanwhile, we work
from the Bay Area and come to our home when we can.
I understand those who live in Palm Springs full-time want restrictions on the rental market and we have read
the current list of ideas. Instead of charging its, those who have NEVER had a noise violation (and probably
never will, because we rent the house ourselves, no Agency intermediary who does not care), how about making
the Noise fee astronomical for those who do violate the law? Instead of raising the compliants' annual expenses
for: a) Inspections, I'm sure those will have a cost soon; b) Annual permit raised over 4x!!; c) reduce the number
of rentals to 28 which will actually give our associated vendors less work (local cleaning people, plumbers, pest
control, etc.).
In essence, you think by creating these policies you are helping folks but you're hurting your own local vendors.
Less restaurant visits with less visitors, less golfers, less Tennis watchers, less park fees, less shoppers (less
sales tax taken in), less turns for the houses so less related cleaning, etc vendor income.
We imagine you are getting a lot of pressure by the Hotels to make it right for them. That's just great. But don't
forget who got the real estate market turned around, who followed all of the local, county & state building laws
®ulations at our own cost when putting our own money into refurb'ing a run-down house, who continues to
bring business into town through our paying guests propping up the sales tax base, who pays their TOT every
month on time, property taxes bi-annually on time, and supports local vendors, and abides by laws. WE DO.
Don't fix it for hotels and hurt us.
Thank you.
--Joan Martin& Barbara Dunne
1
Jay Thompson
From: Marla Malaspina <marla699@yahoo.com>
Sent: Wednesday, December 14, 2016 12:27 PM
To: Jay Thompson
Subject: Public Comments VR 2nd Reading
Attachments: FACTS Residents should KNOW.docx, PON.121416.xlsx
please see attached.
2-
FACTS Residents should KNOW.
90% of all STR owners live outside Palm Springs.
81 own 2 or more STRs for a total of 183 STRs
28% had one or more complaints from July 2015 -
July 2016)
10% had between 5 and 38 complaints. And, they
are still operating.
Why are we allowing these 81 commercial hotel
chains to operate in our R-1 neighborhoods,
including some of the worst offending,
for four more years. Four years is an
unprecedented length of time compared to cities
that have banned or capped STRs and allowed
for sunsets.
Four years is not a Sunset... it is a deferral.
A more sensible time frame is 6-18 months.
Surely 183 homes, even if all were put up for sale
tomorrow would not decimate our real estate
market or city budget.
M. Malaspina Protect Our Neighborhoods 121416
Multiple STR owners M.Malaspina(PON)
120516 7/15-6/16
ower zip owner name
Tahquitz River
1528 E San Lorenzo Road 2 4 19 4449 Estates 92627 mulrooney
1600 E Palm Tree Drive 7 3 19 4449 Deepwell Estates
649 N Calle Marcus 0 2 52 4246 Movie Colony East 94131 Izzillo
Racquet Club
2978 NStarr Road 0 3 52 4246 Estates
1011 5 Sagebrush Road 0 2 63 4519 Deepwell Estates 90803 sides
2379 Yosemite Drive 0 3 63 4519 Indian Canyons
20555 Tulare Drive 2 3 67 4238 N/A 90048 Carlton/dobson
2997 E Alta Loma Drive 0 3 67 4238 Los Compadres
4370 E Calle San Antonio 0 3 70 4523 Demuth Park 94114 taricco/head
4388 E Calle San Antonio 0 3 70 4523 Demuth Park
10 Warm Sands Place 8 6 91 4418 Warm Sands 92264 sklarski
Tahquitz River
1455 E Sunny Dunes Road 1 3 91 4418 Estates
2 Warm Sands Place 39 2 250 4040 Warm Sands 190064 ps investments
283 N Luring Drive 10 6 250 4040 N/A
Taquitz River
1476 E San Lorenzo Road 15 5 250 4040 Estates
Racquet Club
2154 George Drive 0 3 381 4524 Estates 90068 minerd
2172 George Drive 3 4 381 4524 Racquet Club Esta
1029 EEI Alameda 0 4 691 4560 Movie Colony East 20015 hirsh
1146 EEI Alameda 0 3 691 4560 Movie Colony East
1095 E Twin Palms Drive 0 3 692 4401 Twin Palms 92264 rogers/ridgeway
2204 W Acacia Road 0 3 692 4347 Racquet Club South
989 Tamarisk Road 0 3 944 1 4336 The Movie Colony 92048 bernard
1110 Abrigo Road 1 3 944 ' 4336 Vista Las Palmas
3150 EVerona Road 1 2 9" 4336 N/A
635 5 Greinfall Road 0 4 999 4040 Warm Sands n/a fabian
2200 NJanis Drive 4 4 999 4040 Chino Canyon
245 W Mountain View PI 0 3 - 1004 4592 Old Las Palmas 92262 keasler trust
270 Vereda Norte 3 6 10D4. 4592 Old Las Palmas
275 Camino Norte 0 5 U04 4592 Old Las Palmas
323 Camino Norte 0 5 1004 4592 Old Las Palmas
444 E Valmonte Norte 23 6 1004 4592 Movie Colony
494 W Stevens Road 0 5 10114 4592 Vista Las Palmas
Taquitz River
770 N Avenida Palos Ven 0 6 M 4592 Estates
1414 5 Sagebrush Road 6 4 1D04r 4592 Deepwell Estates
1480 5 Sagebrush Road 0 3 1004 4592 Deepwell Estates
2295 S Yosemite Drive 0 3 1004 4592 N/A
207 E Palo Verde Ave 12 4 1100 4560 Tahquitz River Estat 92263 Flannery
634 Bedford Drive 2 3 1100 4560 tittle Beverly Hills
453 N Monterey Road 3 4 1165 4626 N/A 90403 Foss
1149 N Calle Rolph 0 3 1165' 4626 Movie Colony East
320 E Desert Holly Circle 0 3 1178 4635 Racquet Club Estatc 98122 volkens
610 5 Compadre Road 0 3 1178 4635 N/A
717 N Plaza Amigo 0 2 1252 3106 Movie Colony East 98391 altamigo Ilc
1160 E Via Altamira 2 2 1252 3106 Movie Colony East
1161 N May Drive 0 2 1329 4712 El Mirador 92262 Jensen
1179 N May Drive 0 3 1329 4712 El Mirador
19"Jacques Drive 3 3 1471 4765 Vista Norte n/a karshoej
Racquet Club
2284 N Via Miraleste 1 4 1471 4765 Estates
Racquet Club
944 E Grace Circle 0 3 1508 4786 Estates 92780 bre man
1310 E Vista Chino 2 4 1508 4786 Vista Norte
1067 Tamarisk Road 0 3 jm2 4560 Movie Colony East 91504 triger
2275 N Vista Drive 0 2 1628. 4560 Chino Canyon
450 W Alvarado 0 2 1702 6155 Racquet Club Wert 94116 coloff
3560 Vivian Circle 0 3 1702 6155 El Rancho Vista Estates
1050 N Rose Ave 0 3 1824' 4630 Vista Las Palmas 90068 ladevaia
1189 N Rose Ave 0 3 1824 4630 Vista Las Palmas
270 N Farrell Drive 0 3 1846 4888 Sumner 90041 mc0ou all
465 N Juanita Drive 0 4 1846 4888 n/a
655 E Racquet Club Road 0 5 1885 4918 Racquet Club Estate 94013 Lahey
665 Camino Norte 2 5 '186& 4918 Vista Las Palmas
769 W Crescent Drive 2 6 1885 4918 Vista Las Palmas
S22 N Calle Marcus 0 3 1900 4923 Movie Colony East 99354 goins/broecker
524 5 Vista Oro 0 2 1900 4923 Warm Sands
2985 EVenetia Road 0 3 1910 4932 n/a 92262 goureau
2888 E Venetia Road 0 3 1910 4932 n/a
471 E Avenida Hokona 2 4 1912 1 4934 The Movie Colony 191941 cundan/odonnell
3611 E Vivian Circle 0 2 1912 4934 El Rancho Vista Estates
1380 N Via Monte Vista 0 3 1915 4937 Old Las Palmas 90277 bates
1390 N Via Monte Vista 0 4 1915 4937 Old Las Palmas
967 N Coronet Circle 3 3 1962 3085 Vista Las Palmas 90814 op8aard
1112 N.Avenida Caballerc 0 5 1962 3085 Movie Cooney
639 5lndian Trail 4 3 2006 4046 Warm Sands 98406 Patterson
2191 E Park Dr 32 20D6 4040 Sunrise Park
1965 McManus Drive 0 4 2022 6586 n/a 95008 carroll/short
2331 NCardillo Ave 0 2 2022 6586 Little Tuscany
2168 Jacques Drive 6 3 2047 6378 Racquet Club Estate 90066 nagiar-mcCarty
2466 N Girasol Ave 0 3 2047 6378 Little Tuscany
490 E Santiago Way 0 4 2110 6005 Indian Canyons n/a no owner g
3195 Via Escuela 0 2 2110 6005 N/A
783 EMesquite 0 3 2130. 6002 n/a 92657 Muellerleile trust
Tahquitz River
790 S Pala Verde Ave 2 3 -2130 6002 Estates
2369 S Via Lazo 0 4 2163 6283 Indian Canyons 90049 Flamingo Desert Inc
2540 5 Calle Palo Fierro 0 2 2163 6283 Indian Canyons
503 N Farrell Drive 2 3 2206 3106 N/A 92262 Ion in/salinger
3133 Sunnyview,Drive 0 2 2206 3106 Racquet Club
146 E Morongo Road 0 3 1 2243 3108 Taquitz River Estate94551 walker family trust
2400 E Via Lazo Rd 0 3 2243 3108 n/a
602 S Canon Drive 8 4 2263 6053 Little Beverly Hills 92115 cromer
840 E Camino Parocela 2 2 2263 6053 Warm Sands
Tahquitz River
1479 E San Lorenzo Road 1 3 2263 6053 Estates
24955 Yosemite Drive 0 5 2263 6053 Indian Canyons
250 E Morongo Road 2 3 2350 4256 Tahquitz River Este 90041 tolleson
613 S Beverly Drive 3 3 2350 6097 N/A
1040 S La Verne Way 0 3 2398 3105 Twin Palms 93101 hawke5
1211 Los Robles 0 4 1 2398 1 3105 n/a
370 Sepulveda 0 3 2405 6107 Racquet Club West 92706 moreno
2294 N Starr Road 0 3 2405 6107 Racquet Club Estates
926 S Calle Santa Cruz 0 3 2427 6339 n/a 90094 schnell/dortch
2100 Hildy Lane 0 2 2427 6119 Desert Park Estates
2864 E Valencia Road 8 4 2427 6339 Gene Autry
2330 E Rogers Road 0 3 2436 6128 Desert Park Estates 90026 whitman
2696 N Avenida Caballero: 0 3 2436 6128 Racquet Club Estates
1577 5 Calle Marcus 0 3 2468 4040 Deepwell Estates 98027 julien
2326 S Pebble Beach Drive 0 3 2468 4040 N/A
227 E Palo Verde Ave 0 4 2485 4560 Tahquitz River Estat 90029 harrison
245 E Palo Verde Ave 0 3 2485 4560 Tahquitz River Estates
2336 N Cardillo Ave 0 1 2610 6160 tittle Tuscany 92262 PS Bails LLC
2695 NJunipero 0 4 2610 6160 n/a
815 N Calle Quetzal 38 4 2611 6159 N/A 92646 Jubudd Industries LLC
920 N Cerritos Drive 6 3 2611 6159 N/A
950 N Cerritos Drive 22 3 2611 6159 n/a
2250 Bob O Link 0 3 2611 6159 N/A
2405 5 Brentwood Drive 0 3 2611 6159 N/A
1065 Lucent Court 0 3 2682 6217 N/A 92870 Forest Crest LLC
1430 Olga Way 3 3 2682 6217 Vista Norte
265 NEasmor Circle 0 3 2751 3115 Sunmor 92111 Bowen/Allard
3405 E Sunny Dunes Road 0 3 2751 3106 Demuth Park
490 E Glen Circle N 0 3 2781 6271 Racquet Club Estates Nathe
3905 Mira Arena 0 1 2781 6272 Mountain Gate
2014 E Park Drive 3 5 2795 6282 Sunrise Park 90004 Crosta/Douglas
2033 E Belding Drive 0 6 2795 6282 Sunrise
2070 E Park Drive 2 S 2795 6282 Sunrise Park
453 W Santa Rosa Drive 0 4 2.797 6285 Historic Tennis Club 90019 Simonian
1837 5 Caliente Road 0 3 2797'. . 6285 Twin Palms
207 N Debby Drive 0 3 2846 3031 Sunrise Park 10023 Morrill
542 N Hermosa Dr 0 2 2846 6566 Movie Colony East
Sunmor
2777 E uvmor Ave 2 4 2846 4040 Neighborhood
1490 Plato Circle 0 4 2883 3105 N/A 90291 Reidy
2050 S.Divot Lane 2 3 2883 6554 n/a
Tahquitz River
165 E Mesquite Ave 2 3 1 2894 6555 1 Estates 2131 Wong
1177 N Paseo Deco 6 4 2884 3105 Vista Las Palmas
1400 Opuntla Road 0 3 2896 6332 El Mirador 92262 Sarjeant/Sokoloff
1420 E San Jacinto Way 1 2 2t96 6332 Movie Colony East
1011 Marshall Way 13 5 2913 6350 Movie Colony East 94108 Brinkman
1303 E Racquet Club 0 4 2913 6350 Vista Norte
290 ESimms Road 0 2 2923 3116 Racquet Club Estate 92625 Manly
798 N Dry Falls Road 0 3 2923 3116 Vista Las Palmas
1194 Via Miraleste 1 6 2923 3116 El Mirador
2105 Tamarisk Road 0 3 2971 6382 N/A 98342 Wald
2255 Tamarisk Road 0 3 2971 6382 N/A
545 N Chi uita Circle 0 3 2996 4061 N/A 2461 Blumenthal/Wieman
1105 Cactus Road 0 4 2996 4560 Deepwell Estates
Tahquitz River
1575 S Via Salida 0 4 3D06 6406 Estates 92262 Hertel Family Trust
2666 S Camino Real 0 3 3006 6406 Indian Canyons
1290 E Marion Way 0 3 3008 3085 Twin Palms 97239 Kenin
3135 Goldenrod Lane 1 4 3008 4040 Andreas Hills
1460 E Raquel Club Road 0 3 3091 6436 n/a 92262 Espejo-Elias
2081 Bob O IJnk 1 4 3091 6436 N/A
1685 E San Jacinto Way 0 3 3119 3119 n/a 92679 Welch
1699 Savvy Court 0 3 3119 3119 N/A
852 E San Lorenzo Road 0 3 3136 6487 Tahquitz River Estat 92264 Ginnett/Marks/Kretchmar
1223 E San Lorenzo Rd 0 4 3136 6487 n/a
525 Camino Calidad 0 4 3249 3112 n/a 92262 Wilburn
1733 Royal Palm Court 0 3 3248 3112 Chino Canyon
346 Tamarisk 0 8 3269 3031 Movie Colony 60626 Ostmeyer
1805 N Nogales Way 0 3 3269 4560 Vista None
1025 W Chino Canyon 0 3 3270 3031 Chino Canyon 80224 Carrasco
3180 Loma Vista 0 3 3270 - 4560 Los Compadres
359 S Monte Vista 0 2 3273 4040 Historic Tennis Club V75246 Kranz
367 S Cahuilla Road 0 3 3273 4560 Historic Tennis Club
288 W Hermosa Place 0 3 3274 - 6565 Old Las Palmas 78213 Fowler
1225 E Sunny Dunes Road 0 3 3274 4560 Ta uRz River Estates
2380 E Paseo Gra<ia 0 3 3274 4040 Sunrise Park
190 W San Marco Way 0 2 3276 6568 Racquet Club West 92503 Morga
1020 E La Verne Way0 4 3276 3106 El Camino Estates
941 E Sunny Dunes Road 0 3 3277 3123 n/a 92009 Shrigley Investments LLC
2701 E Plaimore Ave 0 3 3277 " 3106 Sunmor
Racquet Club
2616 N Kitty Hawk Drive 0 3 1 3278 4004 Estates 75248 Pershes
3475 Avenida Fey Norte 0 4 3278 3085 n/a
172 E Palo Verde Ave 0 2 3279 4560 Tahquitz Canyon Re 92262 Turing-Wilde Living Trust
1022 E Granvia Valmonte 0 4 " 3279 6570 n/a
501 Calle Abronia 0 3 3303 3085 Warm Sands 92263 Roldan
657 Mountain View 0 6 3303 3085 n/a
2285 Cahuilla Hills Drive 0 3 3303 3085 n/a
300 E Malmo Road 0 2 3343 6621 n/a 92130 Hoey/Van Herle
1068 EOlive Way 1 4 3343 6621 n/a
502 W Pico Rd 0 3 3344 6622 n/a 95062 Pierce
877 S Riverside Dr 003312
6622 Tahquitz Rivers
467 N Orchid Tree Lane 0 4004 n/a 92270 Novak
522 N Orchid Tree Lane 0 3126 n/a
1410 Via Escuela 0 3112 Vista Norte 92262 McCoy
1600 Via Norte 0 3112 Vista Las Palmas
1035 Lucent Court 0 6462 n/a 92262 Beatty/Costa
1701 Joyce Dr 0 6462 1 n/a
Cindy Berardi
From: EJ <ejredder@yahoo.com>
Sent: Monday, December 12, 2016 1:20 AM
To: Chris Mills; Ginny Foat; Geoff Kors;JR Roberts; Robert Moon
Cc: CityClerk;Jay Thompson
Subject: Application for second Vacation Rental. ORDINANCE has EXCLUDED important
aspect.
Dear Mayor Moon and Palm Springs City Councilors.
Firstly, I would like to thank you for the time spent with the sub-committee, the long meetings and all that this entailed.
I am writing to you to ask for consideration of my application for a vacation rental permit for a second home I own in
Palm Springs.
Some background about me:
I am a permanent resident of Palm Springs, and own two homes:
One, owned since August 2012 and the other since June of 2015.
o I purchased the second home in June last year, so that my retired parents (who currently live in another
country) would have a home here that they could spend extended periods of time in. This would allow
us to spend precious time together and to allow other family members to visit and stay while they are
here.
o For ease of understanding, I will call them '2012 house' and '2015 house'.
I spend equal amounts of time in BOTH homes.. I have clothing and food etc at both houses, and my neighbors
would attest to this.
I don't treat either property as a business and my intention and life goal has been to stay in Palm Springs as a
permanent resident and one day retire here.
I have spent hundreds of thousands of dollars on these homes.
My life savings have gone into purchasing and renovating these homes. They were both in disrepair and I have
lovingly restored one and am almost done with the other.
I made a choice to leave Orange County and move full time to Palm Springs in 2012. At that time, I could see my
future here. I had a home with a yard for my dogs, and last year I realized I could purchase a home and have my
parents closer to me, for a good portion of the year.
I don't want to own multiple properties. I have always just wanted my permanent residence and a home for my
family,with the opportunity to occasionally rent them out as a vacation rental.
I am full time, self employed and 49 years old. I work from home.
I contribute to the community financially, and support local business. I also volunteer my time with charity
organizations and a local non-profit organization. I believe I exemplify the 'good citizen' model and I have really
helped improve my neighborhood with the upgrades I have done.
July 2016:
There was notification of a possible moratorium on vacation rental homes earlier this year, I submitted two
applications for vacation rental permits in July 2016(one for each house):
➢ 1 wanted to be sure that I had the opportunity to offset some costs of each home, by having the ability to
occasionally rent them to vacationers, and wanted to have permits in place, even if I was not renting the homes
at that time.
t r�lIq /U
i4erl �.�} ,
➢ Once the moratorium subject was pushed out for further discussion, I withdrew the application for 2015
house. This was in mid August as the permits were taking over 3 weeks. My belief at that time was that there
would be plenty of notification on the subject of vacation rentals, and I would have the opportunity to go
forward with a permit toward the end of the year.
➢ I wanted to wait and see what would come of the future meetings and not waste time on a permit that was
currently not needed, since I was several months from finishing a remodel on the 2015 house.
City Council Meetings:
➢ Since July, I have attended every council meeting regarding the vacation rental ordinance.
➢ The meetings went from initial discussion to quickly becoming voted upon. I think this took many residents by
surprise, including myself.
November/December 2016:
Wednesday, Nov 30"'
➢ I re-submitted the July application for the 2015 house (house#2) This was before the city meeting that evening.
At this point there was nothing voted on regarding ownership of 1 or more vacation properties.
➢ That evening, at the council meeting, it was decided and voted upon to grandfather in 'up to 2 permits', because
there were only 98 people with this status and it was then seen to be a fair compromise.
Monday Dec 5`n:
➢ I met with the City Clerk,James Thompson and later that day, he confirmed that my application would be able to
go through.
Wednesday. Dec7`h:
➢ City Council Meeting:
o The ordinance that was drawn up and voted on Wednesday Nov 30`', was once again changed to only
allow 1 unit per person.
Thursday Dec 8cn
➢ I spoke with the City Clerk, and Mr Thompson informed me that with the change on Dec 71h, my application for
my permit (originally submitted in July)was now on hold and could not be processed. He said that portion of the
ordinance had been completely removed now.
o He advised me to reach out to you directly.
o I understand I am possibly the only person who was in the process of a permit for a second vacation
rental.
My Application for Permit and some important points to consider:
I would never have withdrawn my application in August if I had known the outcome on Dec 71n.
I have provided the City Clerk with copies of the date stamped application from July 2016.
I do feel that there was little notification of the changes to the ordinance:
o Each week there has been a discussion, then a new change, then it was voted on, and then changed
again.
➢ Even if my application had gone in 2 to 3 weeks rp for to December 7t", the current 3-4 week turn-time for the
actual permit would have still prevented my application from having gone through...
In other words..if a person had put an application in around the beginning of November,well before
the ordinance drafts were discussed at Nov 301"and Dec 71h meetings, that application would now
NOT be accepted.
This seems terribly unfair and rather unreasonable.
In short, consideration has not been given to the citizens like myself... with an application in process, and at the
very least, those applications submitted up until December 1", should be included and allowed to move forward
with their permit.
This seems like the right thing to do.
2
Request to Council:
➢ The council has overlooked those people, like me, who have 'applications in process'.
Homeowners like myself were taken by complete surprise at each meeting... and the notification of changes to
the ordinance changed at each meeting such that it has been confusing and difficult to keep up.
o Initially, I was told my application would be allowed.Then, I was told it was not.
o I had full intent in July to have the permit for my home and this was evidenced by the copy of the date
stamped application of July 7`h, 2016.The City Clerk also has a copy.
o There is nothing in the revised ordinance that protects those genuine people like myself, those who are
currently 'in the process'.
I am writing to ask for dispensation to allow my application for second vacation rental permit, or,to include
applications that are '1N PROCESS'up until December 1",to be included in Section 5.25.040.
r You have made allowances for those who currently have permits. You have made allowances for those that have
properties in the name of a business entity, however, there is nothing in the ordinance that allows for the
person like myself:
o I am now in a situation with having a home that I intended for my parents and family to enjoy and for us
to be closer together,that I cannot afford without recouping some costs, by doing some short term
rentals from time to time.
o I have currently spent thousands of hours and tens of thousands of dollars in renovation and upgrades on
this home.
o All of my family live on the other side of the world, and, this was my way to say thank you to them. For
the time that they were not here, I would be able to occasionally rent the home out as a vacation rental.
Again.. this was not intended to be a 'business'.. this was a home for my family.
I do understand that by 2021, those who have more than 2 permits will have to be at one... and by being included,
this would give me time to re-organize and change my plans accordingly.
I do feel I have a genuine case, and request the council to allow me the same opportunity as those others mentioned
above.
As my city councilors, I am asking for you to please give this your upmost consideration.
Please include in the ordinance some verbiage to allow those with applications up until Dec 1", the opportunity to
be included.
My understanding, per the City Clerk, is that I am possibly the only such person in this position... so, hopefully this
is an easy decision that would not create trouble or too much havoc.
Thank you in advance for your consideration in this manner. I hope that you understand my situation and can help me.
Sincerely,
Erich Redder
Palm Springs Resident.
Mobile: 949-466-5832
3
Cindy Berardi
From: James Harris <jayharris@hotmail.com>
Sent: Saturday, December 10, 2016 1:14 AM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors; 1R Roberts; David Ready; CityClerk;
Joanne Bruggemans
Subject: I Strongly Support Our Vacation Rentals
To the Honorable Palm Springs Mayor and City Council Members:
Who will make up this new Vacation Rental Department? Who will be the Enforcement Officers?
What the the eligibility requirements for either? Can Vacation rental company personnel join?
I see potential conflicts of interest and headaches either way unless neutral parties are involved.
Thanks,
James Harris
t
Cindy Berardi
From: Sandi Jacoby Jolton <Sandi@jacobyjolton.com>
Sent: Monday, December 12, 2016 4:24 AM
To: Robert Moon; Geoff Kors; 1R Roberts; Ginny Foat; Chris Mills
Cc: David Ready; CityClerk; dholland@wss-law.com
Subject: Vacation Rental Comments
Dear Mayor Robert Moon and Palm Springs City Councilmembers,
I am disappointed to learn that you are considering arbitrary limits on vacation rental contracts and vacation
rental ownership- These measures will not solve the problem. In fact, they will likely create even worse
problems by discouraging tourists from visiting Palm Springy reducng the tax revenue available for public
services, and wreaking havoc i;n the housing market.
Many homeowners in Palm Springs, including me, want the freedom and flexiN ity to rent out our homes as we
see fit, as long as appropriate restrictions and enforcement mechanisms are In place to keep our
neighborhoods safe and pleasant. With excessive restrictions on the number of rentals per year, however,
many part-time residents i,,ill not be able to afford to keep their homes here.
Homeowners and local businesses have worked hard over the past year to develop new enforcement
measures that will ensure an appropriate balance between property rights and quality of Wife I urge you to keep
the focus on strong enforcement That is the solution we need, not experimental regulations that could hand
everyone.
Thank you for your consideration.
Sandi Jacoby
On Behalf of the Jacoby Family
1666 La Verne Way
Palm Springs
Sandi Jacoby Jolton
Luxury Home Specialist
Berkshire Hathaway HomeServices
Brentwood
(310)820-9312 —direct
(310)702-5269 - cell
CalBRE#00828431
t
Cindy Berardi
From: annabel carton <annabelcarlton@hotmail.com>
Sent: Sunday, December 11, 2016 11:51 AM
To: Robert Moon; Geoff Kors;JR Roberts; Ginny Foat; Chris Mills
Cc: David Ready; CityClerk; dholland@wss-law.com
Subject: The New Vacation Rental Policies
Dear City Council Members
I am writing to express my disappointment at not only not receiving a personalized reply to my previous email regarding this matter,
which was promised in an automated reply, but also by the decisions that have been made since the email I sent. From the decisions
that were made I can only guess that my email, and those from my fellow vacation rental home owners,were not really read and
considered.
I am shocked by the decisions that were made in this meeting. That the actions of a few have tarred us all with the same brush and led
to a decision that in no way changes the outcome of the problems these few houses were causing. How will reducing the number of
bookings stop rowdy guests or ill-managed houses from causing problems? Those houses should be fined or banned from renting for a
time to solve this problem.
Secondly a situation has now been created where you still have the same number of vacation rental houses but with only 32 bookings a
year these houses are now empty for long periods of time. As this becomes common knowledge there are people who will take
advantage of the fact that there are empty houses with multiple TV's and electronics in them standing empty and I am sure you will see
crime rise as break-ins increase. How easy it will be for them.
I know too that with less bookings we will need the people we employ less. Has it been thought how this impacts the huge amount of
workers that are employed specifically for these sort of houses? Their wages,the taxes they pay you?
The financial impact goes further. As vacation rental home owners we pay the City large amounts of tax. You are increasing the
registration to $900 to raise money but you are going to loose tens of thousands of dollars a month, hundreds of thousands a year in
lost tax from us. The vast majority of vacation rental guests aren't going to choose to go to a hotel instead. If you want a house to
spend time with friends and family a hotel is not the option you want. These people will just go elsewhere. Palm Springs is not the only
warm weather City available to them. Palm Springs dropped out of fashion before in the 1980's and 1990's and it could easily do that
again and the City of Palm Springs will be the biggest looser in that-property prices plummeting, less tourists and so less money for
the City in so many ways.
I understand that many locals feel that there are too many vacation rental properties and I can see that many of your policies are good,
for example only one vacation rental property being owned per person. But there are many policies that could be focused on more-
penalizing problem houses-rather than the knee-jerk reaction that we are seeing. These vacation rental houses have been bought,
they are not going to be sold. If you would like a community of largely empty houses then that is the route that is being gone down. For
a thriving City benefiting financially in every way-employment, restaurant&supermarket spending,tourist attraction spending-please
reconsider the decisions you have made so far.
Many thanks for your time.
Your sincerely
Annabel Tebbutt
1
Cindy Berardi
From: Evan Kilbourne <evan@rugeti.com>
Sent: Sunday, December 11, 2016 8:07 PM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts; David Ready; CityClerk;
Joanne Bruggemans
Subject: I Strongly Support Our Vacation Rentals
To the Honorable Palm Springs Mayor and City Council Members:
I am writing to you today to urge you NOT to ratify the proposed changes to short-term rentals. I have been
visiting Palm Springs as a cost-effective getaway since I was a young child. My parents, friends, and myself
have all cumulatively spent thousands of dollars into the Palm Springs area during these stays. These proposed
restrictions to the short term rentals in Palm Springs would surely bring a price increase the renting in the area,
which would in turn be passed onto vacationers such as myself. This would greatly disincentivize myself as
well as many others to visit Palm Springs, and in turn would hurt the local Palm Springs economy. Please make
the right decision, and reconsider or abandon the proposed changes.
Sincerely,
Evan Kilbourne
r
Cindy Berardi
From: Lisa Stanton <lisa.stanton101@gmail.com>
Sent: Monday, December 12, 2016 7:09 PM
To: Robert Moon; 1R Roberts; Ginny Foat; Chris Mills; CityClerk; Geoff Kors
Subject: New Vacation Rental Ordinance
Dear Mayor and Council Members,
I am truly outraged how this ordinance is going to be passed and we are going to be spending $1.7 Million on
this ludicrous enforcement. I know our community is blessed to have many wealthy residents, but this is
absolute waste of money! Below are the details of the calls for the past couple weeks, this is not an issue that we
need to spend $1.7 Million annually on. My heart breaks every time I think of our 2 fallen police officers, if
only we had spent this kind of money on something that could actually make a difference like bullet proof vests,
more officers, programs that offer assistance to the mentally ill, and overall education! I strongly disapprove of
this ordinance. This is an embarrassment to all of the communities that are truly in need.
Hotline Weekly Calls
Monday, November 15, 2016 to November 27, 2016
ACCT: 7988 PG: 001 MSG: 2683
IN: CDD Thu 12/1 7:03pm PDT
NAME
PHONE#
REPORTING ADDRESS 444 EAST VALMONTE NORTE
DO YOU WANT A CALL BACK?
IF GATED, WILL YOU GIVE US THE GATE CODE?
REASON
FOUR CARS ARE BLOCKING HIS DRIVEWAY
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? --
CONTACTS CHRISTY 949 798 9299
TIME CONTACT WAS REACHED OR V/M LEFT 7:06 PM
TIME OF RESPONSE --
RESOLUTION INCORRECT CONTACT WAS MADE. SHOULD HAVE BEEN Jim
MURPHY 760 449 6424. CHRISTY CALLED IN AT 840 PM TO
LET US KNOW THAT WASN'T HER RENTAL. US SECURITY
WAS CALLED AT 7:08 PM
DID THE CALL CENTER CALL THE POLICE OR SHERIFF?
AT WHAT TIME WAS LAW ENFORCEMENT CALLED?
HISTORY:
Created (7:03pm PDT PDT on 12/l/16 by CDD)
Updated (7:05pm PDT PDT on 12/1/16 by CDD)
Dial 19497989299(7:06pm PDT PDT on 12/1/16 by CDD)
Updated (7:07pm PDT PDT on 12/1/16 by CDD)
Echo Created, Returns: 7:51 pm PDT on 12/1/16 to CDD (PDT by CDD)
Echo Answered(7:55pm PDT PDT on 12/1/16 by CDD)
Updated (7:56pm PDT PDT on 12/1/16 by CDD)
Echo Zapped (7:56pm PDT PDT on 12/1/16 by CDD)
Updated (8:43pm PDT PDT on 12/1/16 by CDD)
ACCT: 7988 PG: 001 MSG: 2684
1
IN: MKM Fri 12/2 7:02 pm PDT
NAME
PHONE#
REPORTING ADDRESS 360 N GLEN CIRCLE
DO YOU WANT A CALL BACK? NO
IF GATED,WILL YOU GIVE US THE GATE CODE? NO
REASON
PEOPLE SCREAMING—RELAYED TO US SECURITY @ 7:04
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? NO
CONTACTS DIANA— 562 331 0064/JOEY--562 438 3838
TIME CONTACT WAS REACHED OR V/M LEFT 7:02 —7:03
TIME OF RESPONSE NONE
RESOLUTION --
DID THE CALL CENTER CALL THE POLICE OR SHERIFF? --
AT WHAT TIME WAS LAW ENFORCEMENT CALLED?
HISTORY:
Created (7:02pm PDT PDT on 12/2/16 by MKM)
15623310064 Dial (7:02 pm PDT PDT on 12/2/16 by MKM)
Updated (7:03 pm PDT PDT on 12/2/16 by MKM)
Dial 15624383838 (7:03 pm PDT PDT on 12/2/16 by MKM)
Updated (7:04 pm PDT PDT on 12/2/16 by MKM)
Dial 17603705700 (7:04 pm PDT PDT on 12/2/16 by MKM)
Echo Created, Returns: 7:45 pin PDT on 12/2/16 to MKM (PDT by MKM)
Echo Answered(8:02pm PDT PDT on 12/2/16 by MKM)
Updated (8:02 pm PDT PDT on 12/2/16 by MKM)
Echo Zapped (8:02pm PDT PDT on 12/2/16 by MKM)
ACCT: 7988 PG: 001 MSG: 2685
IN: MKM Fri 12/2 9:06 pm PDT
NAME
PHONE#
REPORTING ADDRESS 1602 OLGA WAY
DO YOU WANT A CALL BACK? NO
IF GATED, WILL YOU GIVE US THE GATE CODE? NO
REASON
LOUD MUSIC—NOT LISTED
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? --
CONTACTS NOT LISTED
TIME CONTACT WAS REACHED OR V/M LEFT --
TIME OF RESPONSE --
RESOLUTION CALLED THE POLICE,NOT A LISTED RENTAL
DID THE CALL CENTER CALL THE POLICE OR SHERIFF? YES
AT WHAT TIME WAS LAW ENFORCEMENT CALLED? 9:14
HISTORY:
Created (9:06pm PDT PDT on 12/2/16 by MKM)
Dial 17603271441 (9:13 pm PDT PDT on 12/2/16 by MKM)
Updated (9:14 pm PDT PDT on 12/2/16 by MKM)
Amanda L. McWilliams
2
Vacation Rental Department
Department of Finance &Treasury
City of Palm Springs 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Office: 760.323.8257 Fax: 760.322.8344
Email:Amanda.McWilliams@paimsprings-ca.gov
City Hall Is Open Monday- Thursday 8am-6pm - Closed On Fridays
Hotline Weekly Calls
December 5, 2016 to December 11, 2016
ACCT: 7988 PG: 001 MSG: 2686
IN: MEC Thu 12/8 3:35pm PDT
NAME
PHONE#
REPORTING ADDRESS 809 ALEXANDER WAY
DO YOU WANT A CALL BACK? -
IF GATED, WILL YOU GIVE US THE GATE CODE? -
REASON
MAILBOX IS STUFFED FULL OF MAIL AND IT BLOWING OUT OF THE BOX
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? -
CONTACTS 760 413 8304 310 345 6931
TIME CONTACT WAS REACHED OR V/M LEFT 3:40
TIME OF RESPONSE 3:55
RESOLUTION GIAVONNI CALLED BACK -WAS ON HIS WAY TO PICKUP
MAIL
DID THE CALL CENTER CALL THE POLICE OR SHERIFF? NO
AT WHAT TIME WAS LAW ENFORCEMENT CALLED? N/A
HISTORY:
Created (3:35pm PDT PDT on 12/8/16 by MEC)
Updated (3:39pm PDT PDT on 12/8/16 by MEC)
Dial 17604138304(3:39pm PDT PDT on 12/8/16 by MEC)
Dial 13103456931 (3:41 pm PDT PDT on 12/8/16 by MEC)
Updated (3:49pm PDT PDT on 12/8/16 by MEC)
Updated (7:41 pm PDT PDT on 12/8/16 by MEC)
Updated (7:42pm PDT PDT on 12/8/16 by MEC)
ACCT: 7988 PG: 001 MSG: 2687
IN: NMS Sat 12/10 11:48am PDT
NAME
PHONE#
REPORTING ADDRESS 1224 DEEP WELL ROAD , PS
DO YOU WANT A CALL BACK? NO
IF GATED,WILL YOU GIVE US THE GATE CODE? NO
REASON
9 CARS PARKED UP, 12 PPL IN A 3 BEDROOM HOUSE—ADVISE ARE
ALLOWED TO HAVE GUEST DURNING THE DAY
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? NO
CONTACTS CLAUDIA 805 895 8110
TIME CONTACT WAS REACHED OR V/M LEFT 11:51
TIME OF RESPONSE
RESOLUTION UNABLE TO CALL OUT DUE TO PHONE OUTAGE—RELAYED
TO NADINE AND SHE WILL TRY CALLING CONTACT
3
DID THE CALL CENTER CALL THE POLICE OR SHERIFF?
AT WHAT TIME WAS LAW ENFORCEMENT CALLED?
HISTORY:
Created (I1:48am PDT PDT on 12/10/16 by NMS)
Updated (I1:49am PDT PDT on 12/10/16 by MEJ)
Updated (I1:51am PDT PDT on 12/10/16 by MEJ)
Dial 18058958110(11:51 am PDT PDT on 12/10/16 by MEJ)
Echo Created, Returns: 12:12pm PDT on 12/10/16 to MEJ (PDT by MEJ)
Updated (I1:55am PDT PDT on 12/10/16 by MEJ)
Echo Zapped (11:55am PDT PDT on 12/10/16 by MEJ)
Dial 17602851139 (11:55am PDT PDT on 12/10/16 by MEJ)
Updated (I 1:57am PDT PDT on 12/10/16 by MEJ)
ACCT: 7988 PG: 001 MSG: 2688
IN: MKM Sat 12/10 4:25 pm PDT
NAME
PHONE#
REPORTING ADDRESS 505 SEPULVEDA
DO YOU WANT A CALL BACK? NO
IF GATED, WILL YOU GIVE US THE GATE CODE? NO
REASON
LOUD MUSIC, PLS TURN DOWN BASS AT LEAST—RELAYED TO NADINE @
4:329
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? NO
CONTACTS HRANT-- 818 335 9971
TIME CONTACT WAS REACHED OR V/M LEFT 4:28
TIME OF RESPONSE 4:48PM
RESOLUTION UNDER CONTROL
DID THE CALL CENTER CALL THE POLICE OR SHERIFF?
AT WHAT TIME WAS LAW ENFORCEMENT CALLED?
HISTORY:
Created (4:25pm PDT PDT on 12/10/16 by MKM)
Dial 1813359971 (4:27 pm PDT PDT on 12/10/16 by MKM)
Updated (4:28 pm PDT PDT on 12/10/16 by MKM)
Echo Created, Returns: 5:13 pm PDT on 12/10/16 to MKM (PDT by MKM)
Dial 17602851139(4:28 pm PDT PDT on 12/10/16 by MKM)
Updated(4:29 pm PDT PDT on 12/10/16 by MKM)
Updated (4:48pm PDT PDT on 12/10/16 by MEJ)
Echo Zapped (4:48pm PDT PDT on 12/10/16 by MEJ)
ACCT: 7988 PG: 001 MSG: 2689
IN: MEJ Sat 12/10 4:54pm PDT
NAME
PHONE#
REPORTING ADDRESS 1162 EAST SAN JACINTO WAY PS
DO YOU WANT A CALL BACK? NO
IF GATED,WILL YOU GIVE US THE GATE CODE? NOT
REASON
LOUD MUSIC
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? NO
4
CONTACTS PS HOLIDAY RENTAL 6122327964 LVM/ 3102926629 LVM 4:57P
TIME CONTACT WAS REACHED OR V/M LEFT 4:56P
TIME OF RESPONSE 5:30PM
RESOLUTION TINA SPOKE TO GUEST THEY ARE TURNING IT OFF
DID THE CALL CENTER CALL THE POLICE OR SHERIFF? YES
AT WHAT TIME WAS LAW ENFORCEMENT CALLED? 4:59
HISTORY:
Created (4:54pm PDT PDT on 12/10/16 by MEJ)
Updated (4:56pm PDT PDT on 12/10/16 by MEJ)
Echo Created, Returns: 5:41 pm PDT on 12/10/16 to MEJ (PDT by MEJ)
Updated (4:57pm PDT PDT on 12/10/16 by MEJ)
Dial 17603271441 (4:57pm PDT PDT on 12/10/16 by MEJ)
Updated (4:59pm PDT PDT on 12/10/16 by MEJ)
Updated (5:32pm PDT PDT on 12/10/16 by MEJ)
Echo Zapped (5:32pm PDT PDT on 12/10/16 by MEJ)
ACCT: 7988 PG: 001 MSG: 2690
IN: MKM Sat 12/10 6:33 pm PDT
NAME
PHONE#
REPORTING ADDRESS 2901 CHUPEROSA RD
DO YOU WANT A CALL BACK? NO
IF GATED, WILL YOU GIVE US THE GATE CODE? NO
REASON
LOUD MUSIC—RELAYED TO US SECURITY @ 6:37
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? NO
CONTACTS NORMA-- 760 447 7415 -- 760 251 1019
TIME CONTACT WAS REACHED OR V/M LEFT 6:34—6:35
TIME OF RESPONSE 6:39
RESOLUTION OWNER SAID ITS NOT RENTED OUT, NO ONE IS THERE
DID THE CALL CENTER CALL THE POLICE OR SHERIFF?
AT WHAT TIME WAS LAW ENFORCEMENT CALLED?
HISTORY:
Created (6:33pm PDT PDT on 12/10/16 by MKM)
Updated(6:34 pm PDT PDT on 12/10/16 by MKM)
Dial 17604477415 (6:34 pm PDT PDT on 12/10/16 by MKM)
Updated(6:37 pm PDT PDT on 12/10/16 by MKM)
Dial 17603705700 (6:37 pm PDT PDT on 12/10/16 by MKM)
Echo Created, Returns: 7:23 pm PDT on 12/10/16 to MKM(PDT by MKM)
Echo Zapped (6:39pm PDT PDT on 12/10/16 by MKM)
Updated(6:40 pm PDT PDT on 12/10/16 by MKM)
Dial 17603705700 (6:53 pm PDT PDT on 12/10/16 by MKM)
ACCT: 7988 PG: 001 MSG: 2691
IN: CDD Sun 12/11 5:25pm PDT
NAME
PHONE#
REPORTING ADDRESS 444 E VALMONTE NORTE
DO YOU WANT A CALL BACK? --
IF GATED, WILL YOU GIVE US THE GATE CODE? --
REASON
5
CARS FROM RENTAL BLOCKING HIS DRIVEWAY
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? --
CONTACTS 760 449 6424 -JIM
TIME CONTACT WAS REACHED OR V/M LEFT 17:30
TIME OF RESPONSE 17:39
RESOLUTION RENTAL IS UNOCCUPIED, PROPERTY MANAGER AND
CLEANERS AT PROPERTY. WILL MOVE ALL THEIR CARS.
DID THE CALL CENTER CALL THE POLICE OR SHERIFF?
AT WHAT TIME WAS LAW ENFORCEMENT CALLED?
HISTORY:
Created (5:25pm PDT PDT on 12/11/16 by CDD)
Updated (5:29pm PDT PDT on 12/11/16 by CDD)
Dial 17604496424 (5:29pm PDT PDT on 12/11/16 by CDD)
Updated (5:33pm PDT PDT on 12/11/16 by CDD)
Updated (5:40pm PDT PDT on 12/11/16 by CDD)
Updated (5:40pm PD'I'PDT on 12/11/16 by CDD)
Thank you!
Amanda L. McWilliams
Vacation Rental Department
Department of Finance&Treasury
City of Palm Springs 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262
Office: 760.323.8257 Fax: 760,322.8344
Email:Amanda.McWilliams@palmsprings-ca.gov
City Hall Is Open Monday- Thursday 8am-6pm - Closed On Fridays
6
Cindy Berardi
From: Lisa Stanton <lisa.stanton101@gmail.com>
Sent: Tuesday, December 13, 2016 10:20 PM
To: JR Roberts
Cc: Robert Moon; Ginny Foat; Chris Mills; Geoff Kors; CityClerk
Subject: Re: New Vacation Rental Ordinance
Oops- it sent before I finished.
Dear Councilman Roberts,
Thank you so much for taking the time to reply to me.
Ijust reread the ordinance and I'm still at a loss for understanding the magnitude of this issue. Moreover,I carefully read Amanda
McWilliams reports. Is there another place that complaints are being logged? I saw only a few serious infractions taking place-
1)A neighbor reporting guests throwing chicken bones across the wall,when they complained about their children being loud in a pool.
2)Neighbors reporting 2 naked women running through Warm Sands.
3)A few neighbors reported that guests were screaming profanities across the wall at them(this is very serious, but I also read that neighbors
were yelling obscene remarks at children-both are bad).
I have a very wry sense of humor,so I &2 don't bother me that much. I see the greater problems that PS and the world faces. Therefore, I
think that we probably disagree strongly on the magnitude of this issue. You being on the side of the most concerned and me seeing this as a
very elitist issue.
Nonetheless, I think that both of us could move more towards the center to find some common ground and address all that see this as a a
serious issue. You had asked for altemative solutions,and I strongly feel that enforcing the current laws would go along way in diminishing
the number of calls from the hotline. Perhaps,we could go from 3 legitimate calls a week to 0-1. I think the tenants should be fined for any
infraction,if the owners have properly notified them of the noise,garbage,and parking rules. If they weren't notified then of course,the
owner should pay. We could make the fines start at a minimum of$2,000.
I don't have a problem with the vacation owners paying the$900 annually to be able to rent their homes. I strongly disagree that these funds
should be used for policing a near non existent issue! The PS educational system is in much greater needs of these funds,just as the PS
police force is. I think it reflects poorly upon our City that we are going to spend this amount of money on only the wealthier
neighborhoods. I plan on passing this on to my national media contacts to help raise awareness of how the wealthy city of PS plans to waste
$1.7 million!
Thank you for your time,
Lisa
On Tue, Dec 13, 2016 at 9:51 PM, Lisa Stanton<Iisa.stantonl01(cbgnail.com> wrote:
Dear Councilman Roberts,
Thank you so much for taking the time to reply to me.
I just reread the ordinance and I'm still at a loss for understanding the magnitude of this issue. Moreover, I
carefully read Amanda McWilliams reports. Is there another place that complaints are being logged? I saw only
a few serious infractions taking place-
1) A neighbor reporting guests throwing chicken bones across the wall, when they complained about their
children being loud in a pool.
2) Neighbors reporting 2 naked women running through Warm Sands.
1
3)
On Tue, Dec 13, 2016 at 9:00 AM, JR Roberts <JR.Roberts(�palmsprings-ca.Pov> wrote:
Hi Lisa
Thanks for reaching out and sharing your thoughts. I urge you to more closely read the ordinance to
understand the magnitude of the problem. If you have ideas for a better solution, I'm very open to them. Also,
our officers have the latest technology in vests. They were killed through the vests. It devastated all of
us. They were not missing any equipment that could have saved them.
With good thoughts,
J.R...
J.R. Roberts
Councilman
City of Palm Springs, California
On Dec 12, 2016, at 7:08 PM, Lisa Stanton <lisa.stantonl01 i-nnail.com> wrote:
Dear Mayor and Council Members,
I am truly outraged how this ordinance is going to be passed and we are going to be spending
$1.7 Million on this ludicrous enforcement. I know our community is blessed to have many
wealthy residents, but this is absolute waste of money! Below are the details of the calls for the
past couple weeks, this is not an issue that we need to spend $1.7 Million annually on. My heart
breaks every time I think of our 2 fallen police officers, if only we had spent this kind of money
on something that could actually make a difference like bullet proof vests, more officers,
programs that offer assistance to the mentally ill, and overall education! I strongly disapprove of
this ordinance. This is an embarrassment to all of the communities that are truly in need.
Hotline Weekly Calls
Monday, November 15, 2016 to November 27, 2016
ACCT: 7988 PG: 001 MSG: 2683
IN: CDD Thu 12/1 7:03pm PDT
NAME
PHONE#
REPORTING ADDRESS 444 EAST VALMONTE NORTE
DO YOU WANT A CALL BACK?
IF GATED, WILL YOU GIVE US THE GATE CODE?
REASON
FOUR CARS ARE BLOCKING HIS DRIVEWAY
IS IT OK IF POLICE, SECURITY OR CODE ENFORCEMENT ENTER
YOUR PROPERTY? --
CONTACTS CHRISTY 949 798 9299
TIME CONTACT WAS REACHED OR V/M LEFT 7:06 PM
TIME OF RESPONSE --
RESOLUTION INCORRECT CONTACT WAS MADE. SHOULD HAVE BEEN JIM
MURPHY 760 449 6424. CHRISTY CALLED IN AT 840 PM TO
LET US KNOW THAT WASN'T HER RENTAL, US SECURITY
WAS CALLED AT 7:08 PM
2
Cindy Berardi
From: Ling Hwang <double.ling@yahoo.com>
Sent: Monday, December 12, 2016 11:59 PM
To: Robert Moon;A Roberts; Ginny Foat; Chris Mills; CityClerk; David Ready; Geoff Kors;
dholland@wss-law.com
Subject: Grandfathering clause for STVRs
Dear Mayor and Council Members,
In the past weeks, I have been anxiously awaiting news that governs our investment in
Palm Springs . I have talked to many people on both sides as well as auxiliary employees of
this industry. One thing that is a consensus is that supply of housing will increase and the
demand will decrease. People like me brought our retirement funds here to Palm
Springs. Instead of leaving it in our investment portfolios for the future, we decided the
future to be Palm Springs. We could only make it work if we could rent out our properties
to short term renters so we plopped our money down and bought when the market was
high. Wow, was this a mistake!!! What a mistake it was to invest in Palm Springs!
As property values decrease, those that will buy during this fire sale may be able to benefit
financially from less than 32 contracts per year as their mortgages will be
deflated. However, those of us who bought when the city handed out rental permits
without restrictions paid a premium for their properties. Now the city governing bodies
could care less about us. You will abandon us to either sell at a lost or cough up more
money to maintain our properties. You took our money and now you force us to operate
with our hands tied behind our backs. Now, that just seems heartless and cruel.
The city needs to protect those that bought in before all these changes. I would like the
council to consider a grandfather clause for the individuals (not corporations) who got in
before the gates started to close. I plead with you to consider our future and not abandon
us.
Sincerely,
Ling Hwang
1
Cindy Berardi
From: Bryan Schopp <bschopp56@gmail.com>
Sent: Tuesday, December 13, 2016 10:04 AM
To: Robert Moon; Geoff Kors; Ginny Foat;JR Roberts; Chris Mills
Subject: Palm Springs Vacation Rental
Dear Mayor and Esteemed City Council Members,
As you approach the meeting on the 14th of December to vote on the Vacation Rental Ordinance updates I urge
you to make sure that you are making a decision based on Data & Facts and not making a decision based on
emotions or presumed information.
Points to consider:
Economic impact to the city. How many jobs will be lost? How will it affect the restaurants, shops, real estate,
and the many others who are employed in some way to the Vacation Rental business we live and breath on.
What are the potential Consequence to the vacation industry by putting out a negative attitude; I have already
heard from renters that they are hearing Palm Springs is anti Vacation Renters. This does not in today's world
need to be valid or intentional information in social media. We all should be very aware of the impact of Social
Media and how it can effect change right or wrong. Regulations by the city that can be perceived as anti
Vacation Renters will and is be widely spread on Social Media. You need to take this into consideration. The
Damage could go way beyond your intentions or expectations. How will potential developers, retailers, etc.
look at this when planning future developments?
What percentage of the population of our City feel that there is enough of a problem to ask for the changes to
the Ordinance. How many of the 1,090 Hot line calls were made by repeated callers? Are you listening to a
vocal minority? What are the real numbers of the population that feel we have a problem. How many actual
individual phone numbers called in? Is it 1,090 different callers or is it an even smaller number who are making
the calls? I know for a fact that one individual has made 20 of those calls if not more. I know of several others
who have made at least 3 or more calls. What % of our population feels there is a problem? Current population
of Palm Springs is over 47,000. 1,090 is only 2.3% of our population. Drop that to a conservative estimate of
actual individuals who called to average of 2 calls per individual and you are now just over 1% of the
population that felt it enough of a problem to call. I suspect that number in reality is even lower. Tail Waging
the Dog I would say. A small tail at that.
Of the 1,090 Hot line calls how many were legitimate calls for actual violations? How many were complaints
of children playing in pools in the middle of the day? How many were for People just talking and laughing
during non Quiet hours? How many were for actual Weekend Warriors who were loud and violating noise
limits after 10 PM or before 8 AM? How many calls were for, "they parked in front of my house"? What is the
breakdown on the HOT LINE calls for actual legitimate violations? Did you even look at the call logs and the
reported complaints?
How many of the Permitted STR's have gotten complaints of the 1,936 registered. is the problem wide spread
or is it a few who are not managing the properties to avoid problems? My data shows that 2.85% of the
permitted STR's got just under 84% of the Hot Line Calls. What is the data on those who did not receive
violations regarding the types of calls received? Again, what percentage of Hot Line Calls are legitimate
violations of the rules?
r
The above are just a few of the items that should be investigated prior to deciding what direction to go. To not
do the research to determine the extent of the reported issues is to fall short of your responsibilities that you
agreed to do as leaders of Palm Springs. To date I have not seen any reports or data from the committee
regarding investigation of the above. If you have done the research and investigation then why have you not
shared the reports? I can only assume that it has not been done.
What industry, business or entrepreneur decides the direction of there company without doing the research and
then expect that they will get the results they are looking for? Emotions are strong and often in today's world
we are tempted to react to them without the proper investigations. This emotional response rarely is
successful. Good decisions come with good research and investigation.
I implore you to spend the time needed to make a informed educated decision on this matter and not be pressed
by the squeaky wheel to make a decision you will later regret. I fully agree that there needs to be regulation and
just as importantly there needs to be enforcement. Address the problem STR's and use those that have no
complaints as a model. Make sure that a few very vocal individuals are not ruling the roost. We live in a
democracy where the majority is to rule. I believe the direction your are presenting is one that is not the
direction the majority wants you to go. Those of you who have any emotion on the issue should not be involved
in the decision process.
Please don't cut our noses off to spite our face.
Bryan Schopp
IEASKOU
PARTNERS
Palm Springs LUXURY
DREAM HOME , . .
200 N. Sunrise Way
Palm Springs, CA 92262
BRE# 03178748
Cell: 760-861-4404
Email: bschopp&palmspringsdreamhome.com
Website: www.paimspringsdreamhome.com
Facebook:www.facebook.com/palmspringsdreamhome
2
Cindy Berardi
From: Graham Schneider <sfscoutl@gmail.com>
Sent: Wednesday, December 14, 2016 9:35 AM
To: Robert Moon;JR Roberts; Geoff Kors; Ginny Foat; CityClerk
Subject: A suggestion regarding Commercial vs vacation rental/homeowner insurance
Thank you for all your hard work in gathering input from the various stake holders in the vacation rental market
of Palm Springs. While some will never be satisfied with all the details and compromises made, I think you
have come up with a workable plan to address many of the needs and concerns of the community. Some fine
tuning maybe be necessary once underway but we now have a road map and I appreciate that.
Thank you for all your hard work in gathering input from the various stakeholders in the vacation rental market
of Palm Springs. While some residents will never be satisfied with all the details and compromises made, I
think you have come up with a workable proposal to address many of the needs and concerns of our
community. Some fine tuning maybe be necessary once underway but we now have a tentative road map and I
appreciate that.
As I begin the process of getting ready to comply with the proposed ordinance I had a meeting with my
insurance broker. I had him view the insurance section 5.25.070(t). He advised me that by having the City
require that I purchase a Commercial Insurance policy severely restricts my ability to access my Personal
Excess Liability policy(also known as an Umbrella policy)because if I were sued for liability I would only be
covered for the limits on the Commercial Insurance policy. Furthermore a Commercial Insurance policy only
insures the Dwelling limit of the home to the limit insured.
My Broker recommended I purchase a Vacation Rental Homeowners policy which provides Extended
Replacement cost on the Dwelling limit of the home, provides a high limit of liability (in this case $1,000,000)
but also allows me to access my high-limit Personal Excess Liability policy should a liability judgment be
higher than the underlying liability limit on my Vacation Rental Homeowners policy.
Please check with the City's Risk Manager to confirm my Broker's advice. If the Risk Manager is in agreement
please modify the ordinance before the presentation in January as it's important to both Homeowners and The
City that their residents who participate in the Vacation Rental program to be able to be properly insured for
Liability.
Thanks again
Graham Schneider
755 N Avenida Caballeros PS CA
Begin forwarded message:
From: Mark Battat <mbattat(a)G21nsurance.com>
Subject: Insurance for Vacation Rentals
Date: December 13, 2016 at 4:16:12 PM PST
To: Graham Schneider <grahamschneider(a)me.com>
Hi Graham,
r
Thanks so much for sending me the Palm Springs City Council Staff Report for reintroducing ordinance
number 1907 amending and restating Chapter 5.25 of the Palm Springs Municiapl Code relating to Vacation
Rentals and CEQA Determination.
In section 5.25.070 (t) on page 15 of the attachment you sent me it states "Owner shall procure, maintain, and
pay premium for commercial insurance policies that cover short term rental of property within minimum limits
as may be established by the City Manager from time to time."
The problem with commercial insurance is that the underlying Liability limits will only cover you for the limits on
the policy. Should those limits be exhausted under a covered claim your Personal Excess Liability policy would
not respond because the primary liability insurance in this claim would be covered under a Commercial Liability
policy.
Secondly, commercial insurance policy liability coverage have a per occurrence limit with an aggregate. An
aggregate is a maximum limit per policy period. Most commercial insurance policies are written with a
commercial liability coverage of $1 Million dollars per occurrence with a $2 Million dollar aggregate. So the
most that could be paid for any one claim is up to $1 Million dollars. Should a liability claim go to court and a
judgment against you is higher than $1 Million dollars then you would be personally responsible for the
additional amount. That is no advantage to the owner.
Therefore it's better to purchase a specific Vacation Rental Insurance policy that insures the Home as you
would a normal Homeowners policy and provides $1,000,000 per occurrence Liability coverage; should there
be a liability lawsuit and the judgment be higher than $1 Million dollars your Excess Liability policy would pick
up the additional amount to the limit you are insured and is much better for you as the owner.
Lastly no insurance company will name the City of Palm Springs or the City Council as Additional Insured on a
Homeowners or Excess Liability policy as the City and/or the Council do not have an insurable interest in the
home.
If you have any questions please do not hesitate to contact me.
Best wishes, Mark Battat
Mark Battat
Arrnaeel lxerldive, Personal Ri.%A bhrirahcnrelrf
O (415)426-6621
NI (415)407-4427
F (415)795-1164
G2 Insurance Services
140 New Montgomery Street,21 Floor
San Francisco, CA 94105 -3705
www.G2insurance.com
I Aentttalk�\cn thine connccW
CA Insurance License#01181923
`A Please consider the environment before printing this email
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delete this communication and destroy all copies. Please note,any request to bind coverage,modify coverage or report a claim is not valid until you receive confirmation from
G2 Insurance Services that vve have processed your request.
2
Jay Thompson
From: Zane Mumford <zane@zanemumford.com>
Sent: Wednesday, December 14, 2016 2:08 PM
To: Robert Moon; Ginny Foat; Chris Mills;JR Roberts; Geoff Kors
Cc: Jay Thompson; David Ready
Subject: Please Abandon the Vacation Rental Ordinance
Mr. Mayor and City Council Members,
My name is Zane Mumford. I started visiting Palm Springs and staying in beautiful vacation rentals approximately 10 years
ago. After falling in love with the city, my husband and I finally purchased our own home here 3 years ago. The search took us
over a year, we specifically looked for a property that was not managed by an HOA which would allow the kind of Flexibility we
needed for the purchase to be financially viable. Thankfully, our vacation rental was a success, enough so that we have been
able to dump additional money back into the home for new upgrades. After a couple years, we were finally able to officially
make Palm Springs our primary residence this past January. This transition was part of a 7-year plan to invest in Palm
Springs. I currently own a small winery in San Diego, and my business plan has always called for a second location to be
opened here in Palm Springs. Our intention was to first secure a primary house, then a second condo here in town. Once that:
was in place we would find a proper location to open the new branch of our business. If this vacation rental ordinance is
adopted, those plans stop dead in their tracks.
My husband and I are who you want moving to your city. We are young. We make money, and thereby pay taxes. We are
entrepreneurs who create jobs. But there are so few "normal"jobs here in town that to be able to live here people in our
generation have to be creative. Without the ability to gain the maximum benefit from our vacation rental, young couples like us
can not make Palm Springs work. This stifling proposal will not just have us looking for other places for our next investment, it
will result in us leaving the town we have come to love. Turning the entire town into one big HOA and creating an agency to
manage it is NOT the solution to whatever perceived problems there may or may not actually be. I still struggle to believe a
"registry" is being suggested - this is not Nazi Germany. To be quite frank, anyone who doesn't want to live near a vacation
rental can choose from one of the many communities in the area governed by an HOA where such rentals are prohibited. We
did our research and specifically chose one without those restrictions, please don't make us regret our decision. Don't turn the
entire city into an HOA.
Thank you for your consideration,
Zane Mumford, proud YOUNG and hopefully longtime resident of Palm Springs.
121 t,�.i2otb
1
The Desert Sun
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Palm Springs, CA 92262 - 1... y_[L F+760-778-45781 Fax 760-778-4731 i ,i. O/ P �T ���h,
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PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001809180
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
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper:The Desert Sun
12/21/2016
NO 1830:
ORDINANCE NO.1907
OF
I acknowledge that I am a principal clerk of the AN O. SPRINANCEGS,
of THE CITY IA,
PALM. SPRINGS, TING IMA.
AMENDING AND RESTATING CHAP
printer of The Desert Sun, printed and TER 5.25 OF THE PALM SPRINGS Mu-
NICIPAI.CODE RELATING TO.VACA-
published weekly in the City of Palm Springs, TION RENTALS.
City AtWMO summary
County of Riverside, State of California. The This Ordinance amends and restates
in full the Cltys adopted Vacation
Desert Sun was adjudicated a Newspaper of Rental Ordinance. This ordinance
Imposes addhional restriction on oc-
general circulation on March 24, 1988 by the cupan and use of vaconlon rental
Superior Court of the County of Riverside, a �,aeho ail a om engs ne ovar-
State of California Case No. 191236. sight. CERTIFICATION
STATE OFCAUFORNIA
CouNTY OF RIVERSIDE ) 9.
CITY OF-PALM SPRINGS
MClerk of
e City of Palm spring%hereby car-
that Ordiance No.1907 Is a full,
true and correct copy,and was Intro-
declare under penalty of perjury that the du<ed at an adlonmed regular meet-
ing of the Palm SprIngs Clty Coundi
foregoing is true and correct. Executed on on the 30th day o November,2016,
re-iidroduced on the 7th day of De-
this 21 rst day Df MBER, 2016 in Palm cemb�2016,and adopted at an ad-
journ r ular meeting of the City
Springs, Califo a. 22oI6 by hthhheedfollowiran g vo�ecember,
. AYES: Cnunolmember Foot.
Councilmember Koss,.
Councilmember Roberts,
and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: M yor Pro Tom ilb
LAMES THOMP50
CRityy of Palm spprringgs,Californla
i Pu611tlNd:12f1.1/>6
Declarant
CITY OF PALM SPRINGS
NOTIFICATION
4 M st
City Council
Meeting Date: December 14, 2016
Subject: Ordinance No. 1907
AFFIDAVIT OF PUBLICATION
I, Kathleen D. Hart, Interim City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
December 21 , 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
""-
Kathleen D. Hart, MMC
Interim City Clerk
AFFIDAVIT OF POSTING
1, Kathleen D. Hart, Interim City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary and Ordinance 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 December 19, 2016.
1,ddeclare under penalty of perjury that the foregoing is true and correct.
Y
Kathleen D. Hart, MMC
Interim City Clerk
ORDINANCE NO. 1907
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
5.25 OF 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 and
provides additional enforcement oversight.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1907 is a full, true and correct copy, and was introduced at an adjourned
regular meeting of the Palm Springs City Council on the 30th day of November, 2016,
re-introduced on the 7th day of December, 2016, and adopted at an adjourned regular
meeting of the City Council held on 14th of December, 2016, by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pro Tern Mills
YAMES THOMPSON CITYCLERK
ty of Palm Springs, California
ORDINANCE NO. 1907
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
5.25 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO VACATION RENTALS.
CityAttorney'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 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
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.
(b) Incidents involving excessive noise, disorderly conduct, vandalism,
overcrowding, traffic congestion, parking congestion, and the accumulation of refuse,
require response from police, fire, paramedic, and other City services associated with
this secondary, ancillary, commercial use escalates the demand for City services,
create adverse impacts in the residential areas of the City, and adversely affects the
City's residential neighborhoods. Vacation Rentals and Homesharing use in residential
neighborhoods may have effects that can best be addressed through an appropriate city
regulatory program.
Ordinance No. 1907
Page 2
(c) 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
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.
(d) 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.
(e) 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.
(f) 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.
Ordinance No. 1907
Page 3
"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.
"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.
Ordinance No. 1907
Page 4
"Homeshare Interest" means a portion of an Owner's home that is subject to
homesharing as provided in this Chapter.
"Homesharing" means an activity whereby the Owner hosts visitors in the
Owner's home, for compensation, for periods of twenty-eight (28) consecutive days or
less, while the Owner lives on-site and in the home, throughout the visitor's stay.
"Hotline" means the telephonic service operated by or for the City for the purpose
of receiving complaints regarding the operation of any Vacation Rental and the
forwarding of such complaints to the appropriate city enforcement officials or, if
applicable, the Local Contact Person. For the purposes of this Chapter, the term
"Hotline" also includes any contact in person or by telephone, email, 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.
"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.
Ordinance No. 1907
Page 5
"Vacation Rental Registration Certificate" or "Registration Certificate' means the
annual permit andlora 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. Renewals of
Vacation Rental Registration Certificates issued on or after November 24, 2016 to a
Business Entity (other than a limited liability company) shall terminate on March 1 ,
2017; a renewal of a second Vacation Rental Registration Certificate, or more, issued to
an Owner shall terminate on March 1 , 2017.
(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 November 24, 2016 for the period of time
between November 24, 2016 through January 1, 2021. The provisions of Subsection
(a) of this section shall not apply to or be enforced against any business entity, or its
successor natural person that operates a Vacation Rental pursuant to a valid Vacation
Rental Registration Certificate issued prior to November 24, 2016 for the period of time
between November 24, 2016 through January 1, 2021 so long as such business entity
for each Vacation Rental complies with the provisions of Section 5.25.085. The
purpose of this deferral of the enforcement of the provisions of Subsection (a) is for
persons or entities issued valid vacation Registration Certificates prior to November 24,
2016 to be afforded 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.
Ordinance No. 1907
Page 6
(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.
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.
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
Ordinance No. 1907
Page 7
Vacation Rental as well as copies of legal documents creating such financial
interests.
(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 II,
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.
Ordinance No. 1907
Page 8
(10) Evidence of insurance coverage as required under Section 5.25.070(t) of
this Chapter.
(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. 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.
Ordinance No. 1907
Page 9
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. 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) 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.
(ii) 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.
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 to park on the street for each Vacation Rental unit and no
more than two (2) additional automobiles may be parked in the street during daytime
occupancy for daytime occupants. 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 may apply to the City Manager for an Exemption
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.. The City Manager
shall provide notice to all owners of property within two hundred and fifty (250) feet of
Ordinance No. 1907
Page 10
the boundaries of Vacation Rental Exemption site at least ten (10) days prior to
rendering a decision on the application. . The City Manager shall review the application
for an Exemption and may approve such Exemption if the City Manager finds such
additional occupancy is consistent with the purpose, intent, and goals of this Chapter
and any guidelines as may be adopted by the City Council. Such Exemption, if granted,
may be subject to conditions and will be subject to annual review and renewal
consideration after providing notice as required in this Subsection.
(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
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.
Ordinance No. 1907
Page 11
(i) The Owner, or his or her agent, shall, upon notification by the Enforcement
Official 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 when requested by the City
Enforcement Official, evict one or more of the guests. For the purpose of this
Subsection and Subsection (j) 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.
(j) 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) 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
each entry door or in a conspicuous location near each entry door on the Vacation
Rental.
(m) 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;
Ordinance No. 1907
Page 12
(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.
(n) The use of a Vacation Rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
(o) 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.
(p) 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.
(q) 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
r
Ordinance No. 1907
Page 13
modifications of to the standard conditions shall not further exacerbate an already
existing problem.
(r) 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.
(s) 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.
(t) Owner shall annually secure a building and fire and safety inspection prior to
renewal of the Vacation Registration Certificate.
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
T
Ordinance No. 1907
Page 14
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).
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
Ordinance No. 1907
Page 15
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.
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.
Ordinance No. 1907
Page 16
(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
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.
Ordinance No. 1907
Page 17
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. 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 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 3. 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 4. 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 5. Notwithstanding any provision to the contrary in this Ordinance, any
limitation or prohibition regarding homes that would otherwise qualify as an estate home
shall not be applicable or enforceable until the thirty-first (31' ) day after this Ordinance
Ordinance No. 1907
Page 18
becomes effective and Contracts for such homes, fully executed prior to such date, shall
be recognized as valid under this Ordinance.
SECTION 6. 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 7. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPT PALM SPRINGS CITY
COUNCIL THIS 14TH DAY OF DECEMBER, 016.
ROBERT MOON, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
12l� I/tot (e
Ordinance No. 1907
Page 19
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1907 is a full, true and correct copy, and was introduced at an adjourned
regular meeting of the Palm Springs City Council on the 30th day of November, 2016,
re-introduced on the 7th day of December, 2016, and adopted at an adjourned regular
meeting of the City Council held on 14th of December, 2016, by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pro Tern Mills.
MES T I OMPSON, CITY CLERK
City of Pam Springs, California