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c4` ILI& CITY COUNCIL STAFF REPORT
DATE: September 17, 2008 Consent
SUBJECT: PROPOSED ORDINANCE RELATING TO EVENT HOUSES.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City Council will consider the adoption of an ordinance that would establish a
regulatory program for "event houses" in the City.
RECOMMENDATION:
Waive further reading and adopt Ordinance No-_, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES."
STAFF ANALYSIS:
The City Council initially introduced the proposed "Event House" Ordinance on July 30,
2008. At the City Council meeting on September 3, 2008, the City Council made the
following revisions to the proposed ordinance and reintroduced the ordinance with these
changes:
1. Amend the definition of "Event" by deleting the durational limits. The ordinance
as initially introduced included a 24 hour limit on what would constitute an "event" under
the ordinance.
2. Exclude reimbursements for actual clean-up costs associated with an event from
the definition of"remuneration".
The Council also received written comments from Reno Fontana at the Council meeting
on September 3. Mr. Fontana had several suggestions and Councilmembers were
impressed with the "event office" phone line or central dispatch concept for the purpose
of receiving complaints and dispatching appropriate personnel, which could include
private security or the police department. Staff suggested that the manner of
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5915]I I ITEM NIO �
City Council Staff Report
September 17,2008
Event House Ordinance
implementation of the concept would take additional study and consideration but that
once formulated and discussed with the various stakeholders, the concept could be
included as part of the general regulatory program through the City Manager's authority
to impose additional standards as provided in Section 5.75.075 (k) of the proposed
ordinance.
Staff will provide the City Council with s report during the second quarter of calendar
year 2009 on the implementation and enforcement of the Event House ordinance.
FISCAL IMPACT
The Ordinance contemplates the imposition of a fee and cost recovery program that
should make the implementation of the ordinance cost neutral. Existing city resources
will be sufficient to cover any start up costs which we anticipate will be reimbursed
through the fee and cost recovery components of the ordinance.
Douglas Holland, City Attorney
David H. Ready, City Ma
Attachment: A Copy of the Event House Ordinance
5945711 i
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO EVENT
HOUSES.
City Attorney Summary
This Ordinance adds Chapter 5.75 to the Palm Springs
Municipal Code to provide regulations applicable to Event
Houses.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Chapter 5.75 is hereby added to the Palm Springs Municipal Code to read as
follows:
Chapter 5.75
Event Houses
Sections:
5.75.010 Purpose and Intent
5.75.020 Definitions
5.75.030 Permit Required
5.75.040 Exception
5.75.060 Application for Permit
5.75.060 Application Approval and Conditions
5,75.070 Issuance of Permit.
5.75.075 Operational Requirements and Standard Conditions.
5.75.080. Reimbursement of Costs to the City
5.76,090. Authority to Promulgate Rules and Regulations
5.75.100. Suspension or Revocation of Permit
5.75.1% Appeal
5.75.010 Purpose and Intent.
The City recognizes that there are houses and related residential facilities within the
community that due to their location, design, size, or status as a home that may have been
occupied by a celebrity or other famous person, are desirable for the staging of special
events. The City allows such events to be staged in residential areas of the City so long as
such events do not unreasonably interfere with the public health and safety of the residents
or unreasonably endanger any property within the City.
It is the purpose and intent of this Chapter to provide the means by which such
Events may be reasonably regulated to preserve the public health and safety, provide for
the protection of property, and to maintain harmonious relations between the community or
neighborhood and those engaged in such activities.
594566 1
ORDINANCE NO.
Page 2
5.75.020 Definitions.
For purposes of this Chapter, the following words and phrases shall have the
meaning respectively ascribed to them by this section:
"Applicant" means the Owner of the Event House.
"City Manager" means that person acting in the capacity of the City Manager of the
City of Palm Springs or the City Manager's designee.
"Event" means an occurrence or social occasion or other activity that involves a
gathering of persons, including without limitation, a reception or party.
"Event House" means one or more residential dwellings, including either a single—
family detached or multiple-family attached unit, or any portion of such a dwelling or the
Property, rented for occupancy for the purpose of staging an Event.
"Event House Permit" means the registration for an Event submitted to the City
pursuant to this Chapter.
"Local Contact Person" means a local property manager, Owner, or agent of the
Owner, who is available twenty-four (24) hours per day, seven (7) days per week for the
purpose of responding within forty-five (45) minutes to complaints regarding the condition,
operation, or conduct of occupants of the Event House, or any agent of the Owner
authorized by the Owner to take remedial action and respond to any violation of this Code.
"Owner"means the person(s) or entity(ies)that hold(s) legal and/or equitable title to
an Event House. The term "Owner" includes any lessee of an Owner who has an exclusive
lease of the Event House for a term of at least one calendar month.
"Property" means a residential legal lot of record on which an Event House is
located.
"Responsible Person" means an occupant of an Event House who is at least
eighteen (18) 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.
"Remuneration" means any consideration of any kind, including without limitation
money, services, or goods, of any kind or in any amount, but does not include
reimbursements for actual clean-up costs.
59�SGG I M �
ORDINANCE NO.
Page 3
5.75.030 Permit Required.
Except as otherwise provided in Section 5.75.040, it is unlawful for any person to
stage an Event at any Property unless such person has first been issued an Event House
Permit from the City Manager for such Event.
5.75.040 Exception.
The provisions of this Chapter shall not apply to any Event for which the Owner
does not receive any Remuneration for an Event or for the use of the Owner's Property as
an Event House.
5.75,050 Application for Permit.
(a) Prior to each use of a Property as an Event House, the Applicant shall submit a
complete application to the City Manager on an application form furnished by or acceptable
to the City Manager and signed by the Applicant under penalty of perjury. Each application
shall be filed at least sixty (60) days prior to the proposed Event and contain the following
information:
(1) The name, address, and telephone number of the Owner of the unit forwhich
the permit is to be issued-
(2) The name, address, and telephone number of the agent, if any, of the Owner
of the unit.
(3) The name, address, and 24-hour telephone number of the Local Contact
Person.
(4) The address of the residential Property proposed to be used as an Event
House, a description of the Event, date of the Event, hours of operation
including all pertinent operation descriptions including without limitation the
setup and cleanup, a descriptive list of all activities proposed to be carried on
as part of the Event and the location of such activities, and a list of all
facilities which applicant desires to use in conjunction with the proposed
Event.
(5) Evidence of a valid business license issued by the City for the separate
business of operating an Event House or similar business activity 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.
594566 1
ORDINANCE NO.
Page 4
(6) Acknowledgement of receipt and inspection of a copy of all regulations
pertaining to the operation of an Event House.
(7) The Applicant shall provide conclusive evidence that the Applicant mailed or
delivered written notice of the application to the all property owners shown on
the last equalized county assessment roll and all occupants of each dwelling
unit within three hundred feet of the proposed Event House and to the Office
of Neighborhood Involvement of the City. Such notice shall have been
commenced no more than fifteen (15) days before, and completed no more
than three (3) days prior to, the submission of the application to the City
Manager. The notice shall include:
i. The date, time, hours of operation, and a complete description of all
activities for the Event House as required to be submitted as part of
the Application pursuant to Paragraphs (1), (2), (3), and (4) of this
Subsection (a):
ii. The name and twenty-four (24) hour contact phone number of the
Local Contact Person for the Property; and
iii. Direction that written comments regarding the Event or the use of the
Property as an Event House may be submitted to the City Manager
within twenty (20) days of the date of the notice.
(8) Such other information as the City Manager deems reasonably necessary
to administer this Chapter.
(b) The application shall be accompanied by a fee established by resolution of the City
Council, provided, however, the fee shall be no greater than reasonably necessary to cover
the full cost incurred by the City in administering the provisions of this Chapter-
(c) An application for an Event House Permit may be denied if an Event House Permit
for the same unit and issued to the same Owner has previously been revoked pursuant to
this Chapter or if the City Manager determines that the Applicant failed to provide the
information required in this Section or failed to provide the notice as required in Subsection
(a)(7) of this Section.
(d) All information provided on an application for an Event House Permit shall be
deemed public information and the Owner and/or the Applicant shall consent to the
distribution of all such information in such manner or format as the City Manager may
determine appropriate, including posting on a City sponsored web page.
594566 I !1 r'
ORDINANCE NO.
Page 5
5.75.060 Application Approval and Conditions.
(a) The City Manager shall review the application and shall circulate the application to
such departments or agencies as the City Manager deems appropriate for
recommendation.
(b) Upon a determination by the City Manager that the activities described in the
application form, as may be reasonably conditioned or otherwise limited, do not pose a
threat to the public health and safety and reasonably provide for the protection of property,
the application may be approved. The City Manager may impose such conditions to
approval as are necessary or appropriate to make such a determination. If such a
determination cannot be made, the application for an Event House shall be denied.
5.75.070 Issuance of Permit.
(a) The City Manager shall issue an Event House Permit to applicant upon the approval
or conditional approval of the application for an Event House Permit, and after applicant
has:
(1) Procured general liability insurance in the amount of one million dollars
combined single limit naming the City of Palm Springs as co-insured (this
requirement may be waived by the City's risk management officer); and
(2) Executed an agreement to indemnify, defend and save the city harmless
from any and all claims and liability of any kind whatsoever resulting from or
arising out of the issuance of such permit; and
(3) Prepaid such costs as the City Manager reasonably estimates will be
incurred by City for the use of its personnel and facilities, with overpayments
to be reimbursed and underpayments billed for payment to the Applicant
thirty days after the Event.
(b) The permit shall be subject to the conditions of the approved application.
5.75.075 Operational Requirements and Standard Conditions.
(a) The Owner shall use reasonably prudent business practices to ensure that the
Event House complies with all applicable codes regarding Fire, Building and Safety, Health
and Safety, and all other relevant laws.
(b) The Owner or his or her agent, and/or the Local Contact Person designated by the
Owner shall be available at the Event House during all activities related to the set up and
594566 1 �'ry�7
T 6
ORDINANCE NO.
Page 6
break down of the Event and at all times during the Event for the purpose of responding
promptly to complaints regarding the condition, operation, or conduct of occupants of the
Event House.
(c) The Owner shall use reasonably prudent business practices to ensure that the
occupants and/or guests of the Event House do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or
any State Law.
(d) 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 an enclosed Event
House-
(e) Prior to each Event, the Owner or the Owner's agent or representative shall obtain
the name, address, and driver's license number of the Responsible Person and shall
require such Responsible Person to execute a formal acknowledgement that he or she is
legally responsible for compliance of all occupants of the Event House or their guests with
all provisions of this Chapter and/or the Municipal Code. This information shall be readily
available upon request of any officer of the City responsible for the enforcement of this
Chapter.
(f) The Owner, or his or her agent, shall, upon notification that the occupants and/or
guests of the Event House have 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. 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 Event House in a timely and appropriate manner, shall be grounds for
imposition of penalties as set forth in this Chapter.
(g) 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 Event House 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).
(h) The Owner of the Event House shall post a copy of the permit and a copy of the
conditions set forth in this section in a conspicuous place within the Event House.
(i) The Owner shall provide each responsible person of an Event House with the
following information prior to occupancy of the Event House and/or post such information in
a conspicuous place within the Event House:
5`745vG I
ORDINANCE NO.
Page 7
(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 24-hour basis.
(2) The maximum number of occupants permitted to occupy the Property during
the Event-
(3) The trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash or refuse on the exterior of the Property.
(4) Notification that the amplification of music outside of the Event House unit is
a violation of this Chapter-
(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
other provisions of this Chapter.
(6) Notification that failure to conform to the occupancy requirements of the
Event House is a violation of this Chapter.
(j) The use of an Event House shall not violate any applicable conditions, covenants, or
other restrictions on real property.
(k) The City Manager shall have the authority to impose additional standard conditions,
applicable to all Event House units, 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.
(1) The standard conditions may be modified by the City Manager upon request of the
Owner or his or her agent based on site-specific circumstances for the purpose of allowing
reasonable accommodation of an Event House. 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 an Event House would not be allowed. Any hardships identified must relate to
physical constraints to the subject site and shall not be self-induced or economic. Any
modifications of to the standard conditions shall not further exacerbate an already existing
problem.
6,75.080. Reimbursement of Costs to the City.
The applicant shall reimburse the City for all costs incurred by the City which result
from the issuance of the permit and/or the activities authorized therein, including without
limitation any costs for public safety services.
594M6 1
ORDINANCE NO.
Page 8
6.76.090. Authority to Promulgate Rules and Regulations.
The City Manager is authorized to promulgate such rules and regulations as are
necessary to realize the purpose and intent of this Chapter and which are not inconsistent
therewith.
5.25.100 Violations.
(a) Any person who uses, or allows the use of, Property in violation of the provisions in
this Chapter is guilty of a misdemeanor for each day in which such Property is used, or
allowed to be used, in violation of this Chapter. Violations are punishable pursuant to
Section 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06 of
the Municipal Code, except that the fine for any violation shall be$500.00 for each violation
(b) Notwithstanding the provisions of Chapter 1.06, any pre-citation or courtesy notice
issued for violations specified in this Section may provide for a reasonable compliance date
or time of less than fifteen (15) calendar days but at least thirty (30) minutes from the date
or the time the pre-citation notice is given if, due to the nature of the violation, a shorter
compliance period is necessary or appropriate, as determined in the reasonable judgment
of the City official issuing the notice.
(c) If the Applicant violates any of the conditions of approval, performs those activities
described in the application for an Event House permit in a manner that poses a threat to
the public health and safety, endangers the preservation of property, engages in activities
outside the scope of the activities described in the application, or fails to timely reimburse
the City for costs incurred as provided in Section 5,75,090, the City Manager may
summarily deny, suspend, or revoke any current or pending Event House permit.
(d) The remedies provided for in this Section are in addition to, and not in lieu of, all
other legal remedies, criminal or civil, which may be pursued by the City to address any
violation of this Code or other public nuisance.
5.75.110. Appeal.
Any person aggrieved by an action taken by the City Manager may appeal such
action pursuant to the provisions of Chapter 2.50 of the Palm Springs Municipal Code.
SECTION 2. If any provision, clause, sentence, or paragraph of this Ordinance, or the
application thereof to any person or circumstances, shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance which can be given effect withoutthe
invalid provision or application, and, to this end, the provisions of this Ordinance are hereby
declared to be severable.
5945661
ORDINANCE NO.
Page 9
SECTION 3. 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 THIS DAY OF 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM-
Douglas
Holland, i d, City Attorney
594566 1
ORDINANCE NO.
Page 10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. is a full, true and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on , 2008 and adapted at a
regular meeting of the City Council held on the day of , 2008 by the
fallowing vote:
AYES:
NOES.
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
5945eG I
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CITY COUNCIL STAFF REPORT
DATE: September 17, 2008 Consent
SUBJECT: PROPOSED ORDINANCE RELATING TO VACATION RENTALS.
FROM: David H. Ready, City Manager
BY- Douglas Holland, City Attorney
SUMMARY
The City Council will consider the adoption of an ordinance that creates a program that
requires the registration of all residential units that are rented for less than twenty-eight
(28) days and imposes several operational requirements and standard conditions on
such activities.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. , "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS."
STAFF ANALYSIS:
The City considered the vacation rental ordinance at its meetings of July 30 and
September 3, 2008. The Council introduced the ordinance at its meeting of
September 3, 2008.
The proposed ordinance creates an approach that reasonably regulates vacation
rentals, ensures that vacation units are appropriately registered with the City, TOT
payments are properly collected and paid, and that each vacation unit is occupied and
used in a manner that is consistent with the City's ordinances and do not adversely
affect neighboring residential property owners.
The ordinance, as introduced, provides several ongoing operational rules and
regulations. These operation rules include the following:
59,1577 1
City Council Staff Report
September 17,2008
Vacation Rental Ordinance
1. The Owner is required to 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.
2. The Owner is required to limit overnight occupancy of the Vacation Rental
unit to a specific number of occupants. The maximum number of overnight occupants is
set at two persons plus an amount that will not exceed two persons per bedroom within
each Vacation Rental unit. The Owner is also required to limit the daytime occupancy
of the Vacation Rental unit to two (2) persons or an amount not to exceed 150% of the
overnight occupancy. Thus, if a vacation rental has three bedrooms, the total number of
overnight occupants would be 8 (2 plus 2 time 3 bedrooms) and 12 daytime occupants
(8 times 150%). The revised draft of the ordinance includes the following chart that
provides a more detailed example of how this formula would be applied:
Number of Total of Overnight Additional Daytime Total Daytime
Bedrooms Occupants Occupants Occupants
0 2 2 4
1 4 2 6
2 6 3 9
3 8 4 12
4 10 5 15
5 12 6 18
6 14 7 21
7 16 8 24
3. The Owner, his or her agent, and/or the local contact person designated
by the Owner is required to be available twenty-four (24) hours per day, seven (7) days
per week for the purpose of responding within 45 minutes to complaints regarding the
condition, operation, or conduct of occupants of the Vacation Rental during the periods
the unit is rented.
4. The Owner is required to use reasonably prudent business practices to
ensure that the occupants and/or guests of the Vacation Rental unit do not create
unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions
of the Municipal Code or any State Law.
5. Any radio receiver, musical instrument, phonograph, loudspeaker, sound
amplifier, or any machine or device for the producing or reproducing of any sound is
required to be conducted within an enclosed Vacation Rental unit.
6. Prior to occupancy pursuant to each separate occasion of rental of a
Vacation Rental, the Owner or the Owner's agent or representative shall obtain the
name, address, and driver's license number of the Responsible Person and shall
require such Responsible Person to execute a formal acknowledgement that he or she
594577 1
1
City Council Staff Report
September 17,2008
Vacation Rental Ordinance
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. The Owner or the
Owner's agent is also required to furnish a copy of the Good Neighbor Brochure (a
document to be prepared by the City Manager's Office) to each Responsible Person.
This information shall be readily available upon request of any officer of the City
responsible for the enforcement of this Chapter.
7. The Owner, or his or her agent, shall, upon notification that the occupants
and/or guests of the Vacation Rental Unit have 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. 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.
8. 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 is specifically charged with providing the highest level of
solid waste collection service available to residential customers in the City which would
specifically include "backyard collection" or "walk-in" service."
9. The Owner is required to 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 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.
10. The City Manager has the express authority to impose additional standard
conditions, applicable to all Vacation Rental units, as necessary to achieve the
objectives of the ordinance.
The City will retain the full panoply of enforcement tools available under the City
Municipal Code, including without limitation the ability to prosecute violations as
misdemeanors, issue administrative citations, and initiate civil actions as needed. In
addition, upon the fourth or subsequent violation in any 24 month period, the City
Manager has the authority to suspend or revoke the Vacation Rental Registration
Certificate. The ordinance also includes a provision that the minimum fine for an
administrative citation will be $250.00 for a first offense and $500.00 for each offense
thereafter.
594577 1 --+�
Ciry Council Staff Report
September 17,2008
Vacation Rental Ordinance
Requirements related to naming the City as an additional insured on policies of
insurance to be maintained by Owners and listing of vacation rental units on the City's
web page have been deleted from the Ordinance.
Staff will provide the City Council with a report during the second quarter of calendar
year 2009 on the implementation and enforcement of the Vacation Rental ordinance.
FISCAL IMPACT
The Ordinance contemplates the imposition of a fee and cost recovery program that
should make the implementation of the ordinance cost neutral. Existing city resources
will be sufficient to cover any start up costs which we anticipate will be reimbursed
through the fee and cost recovery components of the ordinance.
Douglas Holland, City Attorney
David H. Ready, City Manager
Attachment: Draft Vacation Rental Ordinance
594577 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 525 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO VACATION
RENTALS.
City Attorney Summary
This Ordinance adds Chapter 5.25 to the Palm Springs
Municipal Cade to provide regulations applicable to the rental
of single-family or multi-family residential units for twenty-eight
consecutive days or less.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Chapter 5.25 is added to the Palm Springs Municipal Code to read:
Chapter 5.25
Vacation Rentals
Sections:
5.25.010 Title
5.25.020 Findings
5.25.030 Definitions
5.26.040 Registration Certificate Required
5.25.050 Agency
5.25.060 Vacation Rental Registration Requirements
5.25.070 Operational Requirements and Standard Conditions
5.25.080 Audit
5.25.090 Violations
5.25.100 Requirements Not Exclusive
5.25.010 Title.
This Chapter shall be referred to as the "Vacation Rental Ordinance."
6.26.020 Findings,
The City Council finds and determines as follows:
(a) The use of single and multiple family dwelling units for vacation rental lodging
purposes provides alternate visitor serving lodging opportunities in the City; however, such
uses in certain single-family neighborhoods may have effects that can best be addressed
through an appropriate City regulatory program.
594555.1 �.
ORDINANCE NO.
Page 2
(b) The establishment of a regulatory program for vacation rental lodging will
provide an administrative procedure to preserve existing visitor serving opportunities and
increase and enhance public access to areas of the City and other visitor destinations.
(c) The purpose of this Chapter is to establish regulations for such use of
residential property thereby enabling the City to preserve the public health, safety, and
welfare.
(e) This Chapter is not intended to regulate hotels, motels, inns, time-share units,
or non-vacation type rental arrangements including, but not limited to, lodging houses,
rooming houses, convalescent homes, rest homes, halfway homes, or rehabilitation
homes.
5.25.030 Definitions.
For purposes of this Chapter, the following words and phrases shall have the
meaning respectively ascribed to them by this section:
"Applicant" means the Owner or in the event the Vacation Rental unit is covered by
an Exclusive Listing Arrangement, the agent or representative of the Owner.
"City Manager" means that person acting in the capacity of the City Manager of the
City of Palm Springs or the City Manager's designee.
"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.
"Good Neighbor Brochure" means a document prepared by the City Manager in
consultation with the Office of Neighborhood Involvement and representatives of Owners
that summarizes general rules of conduct, consideration, and respect, including without
limitation provisions of the Palm Springs Municipal Code,that are applicable to or expected
of residents of the City.
"Local Contact Person" means a local property manager, Owner or agent of the
Owner, who is available twenty-four (24) hours per day, seven (7) days per week for the
purpose of responding within forty-five (45) 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 respond to any violation of this Code.
"Owner" means the person(s) or entity(ies)that hold(s) legal and/or equitable title to
a Vacation Rental.
594555 1
y C7
ORDINANCE NO.
Page 3
"Property" means a residential legal lot of record on which a Vacation Rental is
located.
"Responsible Person" means an occupant of a Vacation Rental who is at least
eighteen (18) 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 one or more residential dwellings, including either a
single—family detached or multiple-family attached unit, or any portion of such a dwelling,
rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 28
consecutive days or less, otherthan ongoing month-to-month tenancy granted to the same
renter for the same unit, occupancy on a time-share basis, or a condominium hotel as
defined in Ordinance No. 1521 as such ordinance may be amended from time to time.
"Vacation Rental Registration Certificate"means an annual registration submitted to
the City pursuant to this Chapter.
5.25.O40 Registration Certificate Required,
No Owner of a Vacation Rental shall rent that unit for a period of twenty-eight
consecutive (28) days or less without a valid Vacation Rental Registration Certificate for a
Vacation Rental pursuant to this Chapter for that unit.
5.25.050 Agency.
(a) An Owner may retain an agent or a representative to comply 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 the
compliance with the requirements of this Chapter. 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 remain
responsible for compliance with the provisions of this Chapter and 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. In addition, in the event an Owner enters
into an Exclusive Listing Arrangement, the Owner will not be required to secure a separate
business license for the business of operating a Vacation Rental.
594555 1
ORDINANCE NO.
Page 4
5.25.060 Vacation Rental Registration Requirements.
(a) Prior to use of a property as a Vacation Rental, the Applicant shall register
the property as a Vacation Rental with the City annually on a registration form furnished by
or acceptable to the City Manager 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.
(2) The name, address, and telephone number of the agent, if any, of the Owner
of the unit.
(3) The name, address, and 24-hour telephone number of the Local Contact
Person.
(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.
(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) Such other information as the City Manager deems reasonably necessaryto
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
Section.
(c) The registration of a Vacation Rental shall be accompanied by proof of
general liability insurance in the amount of one million dollars combined single limit and an
executed agreement to indemnify, defend and save the city harmless from any and all
claims and liability of any kind whatsoever resulting from or arising out of the registration of
the Vacation Rental.
594555 1 S
ORDINANCE NO.
Page 5
(d) A Vacation Rental Registration Certificate may 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.
(e) Upon change of property Ownership, agent, or other material facts 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 14 days of said change the Owner or
his or her agent shall submit the required registration and fee.
5.25A70 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) The Owner shall limit overnight occupancy of the Vacation Rental unit to a
specific number of occupants, with the maximum number of overnight occupants as two
persons within each Vacation Rental Unit plus an amount that will not exceed two persons
per bedroom within each Vacation Rental unit. The Owner shall also limit the total daytime
occupancy of the Vacation Rental unit to a specific number of occupants not to exceed an
amount determined by adding the total overnight occupants to a number equal to 50% of
the overnight occupants; except that two daytime occupants shall be permitted in a studio
unit or such other unit that does not contain a separate bedroom. The following chart is
provided as an example of how this Section would be applied to specific situations:
Number of Total of Overnight Additional Daytime Total Daytime
Bedrooms Occupants Occupants Occupants
0 2 2 4
1 4 2 6
2 6 3 9
3 8 4 12
4 10 5 15
5 12 6 18
6 14 7 21
7 16 8 24
(c) During the term each Vacation Rental Unit is rented, the Owner, his or her
agent, and/orthe local contact person designated by the Owner, shall be available twenty-
four(24) hours per day, seven (7) days per week for the purpose of responding within forty-
five (45) minutes to complaints regarding the condition, operation, or conduct of occupants
of the Vacation Rental.
(d) 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
594555 1
i
ORDINANCE NO.
Page 6
or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code
or any State Law.
(e) 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 an enclosed
Vacation Rental unit.
(f) Prior to occupancy pursuant to each separate occasion of rental of a
Vacation Rental, the Owner or the Owner's agent or representative shall: (i) obtain the
name, address, and driver's license number of the Responsible Person; (ii) provide a copy
of the Good Neighbor Brochure to the Responsible Person; and (iii) require such
Responsible Person to execute a formal acknowledgement 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. This information shall be readily
available upon request of any officer of the City responsible for the enforcement of this
Chapter-
(g) The Owner, or his or her agent, shall, upon notification 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. 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. The Owner, or his
or her agent, shall report the name, violation, date, and time of disturbance of each
Responsible Party involved in three or more disturbances covered by this subsection to the
City Manager.
(h) 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 the highest level of solid waste collection service available to residential customers
in the City(including without limitation "backyard collection"services or"walk-in service") or
as may otherwise be approved by the City Manager.
(i) The Owner of the Vacation Rental Unit shall post a copy of the permit and a
copy of the conditions set forth in this section in a conspicuous place within the unit.
594555 1
ORDINANCE NO.
Page 7
Q) 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 24-hour basis-
(2) The maximum number of overnight occupants and the maximum number of
daytime occupants permitted to stay in the unit-
(3) The trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash or refuse on the exterior of the property.
(4) Notification that the amplification of music outside of the dwelling unit is a
violation of this Chapter.
(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
other provisions 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.
(k) The use of a Vacation Rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
(1) 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 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.
(m) A copy of the Vacation Rental Registration, including all of the information
required in Section 5.25.060 (a)(1-5) shall be mailed or delivered to all property owners
shown on the last equalized county assessment roll and all occupants of each dwelling unit
within three hundred feet of the Vacation Rental Unit and to the Office of Neighborhood
Involvement of the City. Such information shall be provided at least annually or within
fourteen (14) days of any change of information as required pursuant to Section 5.25.060
(e).
(n) The City Manager shall have the authority to impose additional standard
594555 1
22
ORDINANCE NO.
Page 8
conditions, applicable to all Vacation Rental units, 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.
(o) The standard conditions may be modified by the City Manager upon request
of the Owner or his or her agent based on site-specific circumstances for the purpose of
allowing reasonable accommodation of a Vacation Rental. All requests must be in writing
and shall identify how the strict application of the standard conditions creates an
unreasonable hardship to a property such that, if the requirement is not modified,
reasonable use of the property for a Vacation Rental would not be allowed. Any hardships
identified must relate to physical constraints to the subject site and shall not be self-
induced or economic. Any modifications of to the standard conditions shall not further
exacerbate an already existing problem.
5.25.080 Audit,
Each Owner and agent or representative of any Owner shall provide access to each
Vacation Rental and any records related to the use and occupancy of the Vacation Rental
to the City Manager at any time during normal business hours, for the purpose of
inspection or audit to determine that the objectives and conditions of this Chapter are being
fulfilled.
5.25.090 Violations.
(a) 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. Violations
are punishable pursuant to Section 1.01.140 and 1.01.150 and the administrative citation
provisions of Chapter 1.06 of the Municipal Code, except that the fine for a first violation
shall be $250.00 and each subsequent violation shall be $500.00.
(b) Notwithstanding the provisions of Chapter 1.06, any pre-citation or courtesy
notice issued for violations specified in this Section may provide for a reasonable
compliance date or time of less than fifteen (15) calendar days but at least thirty (30)
minutes from the date or the time the pre-citation notice is given if, due to the nature of the
violation, a shorter compliance period is necessary or appropriate, as determined in the
reasonable judgment of the City official issuing the notice.
(c) Upon the fourth or subsequent violation in any twenty-four month period, the
City Manager may suspend or revoke the Vacation Rental Registration Certificate for a
Vacation Rental unit. The appeal and hearing provisions of Chapter 1.06 shall apply to
any revocation or suspension of a Permit.
(d) The remedies provided for in this section are in addition to, and not in lieu of,
all other legal remedies, criminal or civil, which may be pursued by the City to address any
violation of this Code or other public nuisance.
59,1555 1 2,,
ORDINANCE NO.
Page 9
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 the Vacation Rental unit or the
property on which it is located.
SECTION 2. Owners of Vacation Rentals shall make application for Vacation Rental
Registration Certificate pursuant to this Chapter within sixty (60) days after the effective
date of this Chapter. Owners of Vacation Rentals who, prior to the effective date of this
Chapter, failed to obtain a transient occupancy registration certificate pursuant to Chapter
3.24 of the Municipal Code, may do so without penalty notwithstanding the provisions of
Chapter 3.24, if an application for the certificate is filed no later than sixty (60) days after
the effective date of this Chapter.
SECTION 3. If any provision, clause, sentence, or paragraph of this Ordinance, or the
application thereof to any person or circumstances, shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance which can be given effect without the
invalid provision or application, and, to this end, the provisions of this Ordinance are hereby
declared to be severable.
SECTION 4. 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 THIS DAY OF 12008.
STEPHEN P. POl1GNET, MAYOR
ATTEST: APPROVED AS TO FORM:
James Thompson, City Clerk Douglas Holland, City Attorney
594555 1 25
ORDINANCE NO.
Page 10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. is a full, true and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on , 2008 and adopted at a
regular meeting of the City Council held on the day of , 2008 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
59aS5S 1 ��
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(a
OFFICE OF THE CITY CLERK
James Thompson, City Clerk
City Council
Meeting Date: September 3, 2008
Subject: Ordinance Nos. 1745, 1746, 1748, and 1749
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that summary for Ordinance Nos. 1745, 1746, 1748, and 1749, adopted by
the City Council on September 17, 2008, was published in the Desert Sun on September
30, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that the summary and a copy of Ordinance Nos. 1745, 1746, 1748, and 1749 was posted at
Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal
notice posting board and in the Office of the City Clerk on September 29, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
r,
Dolores Strickstein, Secretary'
PROOF OF PUBLICATJON This is space For County Clerks Filing Siaump
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I um a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen -_--_............_--_- --__
years,and not a party ro or interested in the
above-entitled matter.I am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs, .-- --- -
County of Riverside,and which newspaper has been No.3353
adjudged a newspaper of general circulation by the CITY OF PALM SPRINGS
Superior Court of the County of Riverside,State of ORDINANCE NO.1745
California under the date of March 24,1988.Case AN ORDINANCE OF THE CITY OF PALM
Number 191236q that rho notice,or Which the SPRTERINGS 5.7�i TO CALIFORNIA PALM ASPRINGS NMD•
annexed is a printed copy(set in type nol smaller NICII AL CODE, RELATING To EVENT
HO
than non pariel,has been published in each regularAttornoy$ammory
and entire issue of said newspaper and not in any This Ordinance adds Chapter 575 to mo Pmm
Springs Munrclpat Codo to pro✓Id regulations ap-
supplement thereof on the following dates,to wit: plfcable to Event Houses
I Kathie Had Chief Deputy Cdy clerl<of the City
September 301",2008 o1 Palm Springs California do hereby toddy that
Ordinance No.1745 was Introduced at a regular
----.................................--..... meeting of the Palm 3prmgs City Council an tho
30th d?i of JNy, 2009, reintroduced on the 3rd
day of 3aptember,2008,and.tdoptr p at a ieguiar
-------_--�--W ��� miteling of the Clry Council held on the 171h day 01
September,2003 y(no following vote:
All in the year 2008 AYES: Counc,Imemnars Hutcheson Mills,
Weigel Mayor Pro Tom Fast and
Mayor Pougnet
I certify(or declare)under penalty of perjury that the NOES: None
Foregoing IS true and COrrCCt. ABSENT. NoneABSTAIN Nonc
tar
Dated at Palm Springs,California this---300',----day - calmDenuiv c C clerk
Published;912010E
of----- September -------------------------2008 —.
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H
CITY OF PALM SPRINGS
ORDINANCE NO. 1745
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO EVENT
HOUSES.
City Attorney Summary
This Ordinance adds Chapter 5.75 to the Palm Springs Municipal Code to provide
regulations applicable to Event Houses.
I, Kathie Hart, Chief Deputy City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1745 was introduced at a regular meeting of the Palm
Springs City Council on the 30th day of July, 2008, reintroduced on the 3'6 day of
September, 2008, and adopted at a regular meeting of the City Council held on the 17th
day of September, 2008 by the following vote.-
AYES: Councilmembers Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and
Mayor Pougnet
NOES: None
ABSENT: None
ABSTAIN: None
Kathie Hart, CMC
Chief Deputy City Clerk