HomeMy WebLinkAbout7/30/2008 - STAFF REPORTS - 3.A. o�VpLM Sp4
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C, FaOR14 CITY COUNCIL STAFF REPORT
DATE: July 30, 2008 Legislative
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 introduction of an ordinance that creates a program
that requires the registration of all residential units that are rented for less than 28 days
and imposes several operational requirements and standard conditions on such
activities.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading 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 Manager and city staff have met and worked with various "stakeholders"
including representatives from the rental agencies and ONI as well as other interested
residents over the last several months in developing an initial draft of an ordinance that
would ensure that all residential properties that are being rented for 28 days or less are
properly identified so that all transient occupancy taxes are collected and paid to the city
in accordance with the City's Municipal Code and that activities at each vacation rental
do not adversely impact neighboring properties. In May of this year, the draft ordinance
was presented to the City Council for review and input.
The proposed ordinance reflects staffs attempt to balance all of the concerns of the
stakeholders as well as the members of the City Council and create an approach that
reasonably regulates vacation rentals, ensures that vacation units are appropriately
ITEM NO. '' ,
City Council Staff Report
July 30,2008
Vacation Rental Ordinance
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.
B. Outline of Proposed Ordinance
The draft ordinance recognizes that each vacation rental unit must be registered with
the City, including the address of each vacation rental. Registration can be submitted
by an Owner or an agent. The ordinance has been prepared with a view to making it
reasonably efficient for an agent with exclusive listing arrangements to register each
vacation rental unit listed with the agent, register each property for TOT purposes, and
submit all applicable business license registrations as well. If an Owner does not use
an exclusive agent, the owner will required to comply with all city registration and
licensing requirements on his or her own.
The draft ordinance provides several ongoing operational rules and regulations. These
operation rules include the following:
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 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 current 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 1 3
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
O00M
City Council Stack Report
July 30,2008
Vacation Rental Ordinance
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.
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
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.
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 wste collection service available to residential customers in the City.
9. 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.
The property is also required to be posted with the name and phone number of the
000003
City Council Staff Report
July 30,2008
Vacation Rental Ordinance
Local Contact Person and the posting is required to be legible from a distance of 45
feet.
10. 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.
11, 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.
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 suffici nt to cover any start up costs which we anticipate will be reimbursed
throug}� t ee and cost recovery components of the ordinance.
Douglas Holland, City Attorriey
David H. Ready, City er
Attachment: Draft Ordinance
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.
City Attorney Summary
This Ordinance adds Chapter 5.25 to the Palm Springs
Municipal Code to provide regulations applicable to the rental
of single-family or multi-familyresidential 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
5.25-0 0 Registration Certificate Required
5.25.050 Agency
5.25.060 Vacation Rental Registration Requirements
525.070 Operational Requirements and Standard Conditions
5.25.080 Audit
525.090 Violations
5.25.100 Requirements Not Exclusive
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 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.
580601
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.
"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 bythe Ownerto 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.
"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
sxa96ul ��d ��l �
ORDINANCE NO.
Page 3
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.
5.25.040 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 fora
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 Chapterand 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.
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:
5869601 000®U7
ORDINANCE NO.
Page 4
(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 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
Section.
(c) 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.
(d) Upon change of property Ownership, agent, or other material facts setforth 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.
(e) All information provided on an application for a Vacation Rental Registration
Certificate shall be deemed public information and the Owner and/or the Applicant shall
5SS960 1 0 0 O 0 C 9
ORDINANCE NO.
Page 5
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.
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) 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. The following chart is provided as examples of how this Section
would be applied to certain situations:
Number of Total of Overnight Additional Daytime Total Daytime
Bedrooms Occupants Occupants Occupants
0 2 1 3
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) The Owner, his or her agent, and/or the 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
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.
5SS960.1
0000C9
ORDINANCE NO-
Page 6
(r) 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 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 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.
(h) Trash and refuse shall not be left stored within public view, except in proper
containers forthe 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 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.
0) 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.
Sgg)GO I 000010
ORDINANCE NO.
Page 7
(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.
(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) During the term of any vacation rental the Property shall be posted with the
name and 24-hour contact phone number of the Local Contact Person. The posting shall
be no less than 18" X 24", shall be of a font that is legible from a distance of forty-five (45)
feet, and shall contain the following verbiage: "THE LOCAL CONTACT FOR THIS
PROPERTY IS " and "TO REPORT PROBLEMS OR CONCERNS CALL
(name and phone number)".
(n) The posting shall be placed on the interiorof a windowfacing the street to the
front of the Property so it is visible from the street, or secured to the exterior of the
building/structure facing the street of the front of the Property so it is visible from the street.
If no such area exists, the posting shall be on a stake of sufficient size to support the
posting, in a location that is visible from the street to the front of the Property, and to the
extent possible, not readily accessible to potential vandalism. Exterior posting must be
constructed of, and printed with weather resistant materials.
(m) The City Manager shall have the authority to impose additional standard
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.
(n) 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
5ES9601 UOUV11
ORDINANCE NO.
Page 8
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.
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 thirty (30) days after the effective
date of this Chapter. Owners of Vacation Rentals who, prior to the effective date of this
ssEaFo�
ORDINANCE NO.
Page 9
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 thirty (30) 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 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
>$89601 000012
ORDINANCE NO.
Page 10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, 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
ssecoi 000014-
r LINDA B. MORROW
220 HERMOSA PLACE
PALM SPRINGS, CALIFORNIA 92262
760 641-3421
LINDA@MORROWI NSTITIITE.COM
May 29, 2008 JUN 0 2 70
Mayor Steve Pougnet
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Via Email and Snail Mail
RE:Vacation Rental Ordinance J
Dear Mayor Pougnet,
I am writing to you IN SUPPORT of the CURRENT DRAFT of the VACATION RENTAL
ORDINANCE now before the Palm Springs City Council.
I am also writing to express my OPPOSITION TO CHANGES or AMENDMENTS to the
current proposal that would make vacation rentals in our city more restrictive.
My husband, Dr.David Morrow and I have owned our home located at 220 Hermosa
Place in the Old Las Palmas area of Palm Springs since 1982. Each of our four
children was born while we lived in this home; for 26 years our home has been a
place of great happiness and fulfillment. Some day, we hope to pass this home on
to our children and grandchildren.
Given our attachment and love for our home, it mighu surprise you to learn that
early this year, my husband and 1 listed our home with Vacation Palm Springs as
a vacation rental. This was the only sensible thing to do as I now essentially reside
full time in Los Angcics where our two youngest children, apes 17 and 12, attend
school.This is while my husband, who continues to practice in Rancho Mirage has
moved to our smaller, more manageable condo, also located in Palm Springs. He visits us
in LA on weekends.
It was a hard decision to turn our home into a vacation rental, but by doing so
we have aeh eved the following positive benefits:
1. We do not have to sell our home and we can visit and live in our home whenever
we like. My husband and I will be able to live in our home again, full time,
when our younger children have completed their schooling in Los Angeles.
2. Revenue from the rental fees help us sustain and maintain the home while we
are not living there.
N
3. We completely restored our property to make it more desirable to potential o
tenants. In addition,we are highly motivated to keep our home in pristine >
condition for our tenants,thus keeping up the value of our home and of our �. C= o
neighborhood in the short and long run. �t
ny >r�
At the same time, the city of Palm Springs benefits from our home becoming a o
vacation rental in several ways: '�, CM
ter;
w n
000nlh
1. The city receives TOT every time our home is rented short term. (As a matter
of fact, vacation rentals alone paid approximately$1.5 mullion in TOT last
year,representing 10%of the total Palm Springs hotel tax. Had we turned our
home into a full time rental there would be no TOT from our property!)
2. By keeping our home and not punting it on the market, we help maintain the
values in our area higlt.(Please note: At the present time both our neighbors
have put their homes on the market; three properties for sale, in a row,would
NOT be good for property values in the Las Palmas area!)
3. Given the current financial downturn, many tourists can no longer afford the
Palm Springs hotel experience but can still afford to take a vacation in a
family style lodging which is what vacation rentals like ours provide. These
vacationers do spend money in Palm Springs at shops, restaurants and
attractions..
4. Vacation renters of homes also help to boost the real estate market.Maury
renters who rent vacation homes eventually buy a vacation home in Palm Springs.
Also, renting a vacation home or condo provides a perfect opportunity for many
to try out the Palm Springs lifestyle which often leads to home purchases here
in Palm Springs.
Of course, the issue of"good neighbor" relations is an important consideration
regarding vacation rentals. In our own experience, vacation renters have NEVER
been inconsiderate of the neighborhood. Since our condo is only steps away from
our home in Palm Springs, my husband often interacts with our renters and he
would certainly hear or notice "un-neighborly" behavior. On the contrary, in our
experience, it has been the owner/part time resident who does not rent his home
who has dernonstrated a lack of consideration For his neighbors. Perhaps,he
wants to "make the most of his time" when in the Desert, but this person plays
loud music at all hours of the day and night, has parties for days at a time and
ignores our pleas to be considerate! This person, "hits and runs"back to the
city, only to return and create a nuisance all over again.
Finally, as long time, full time Palm Springs homeowners/residents and now
owners of a vacation rental, my husband and I appreciate the City Council taking
a nuddle ground on this matter that protects the rights of both full time
residents AND vacation rental owners. However,we do not favor any changes to
the current draft of the ordinance and we do not favor any more restrictions on
vacation rentals. Any further restrictions would have a negative economic impact
on our family and many others who own homes in Palm Springs. Putting all other considerations
aside,considering the current economic downt uzi, this would be the wrong thing to do!
If you would like to contact me personally regarding this matter, I would be
happy to speak with you. I can be reached on my cell phone: 760 641-3421,
Sines-rely,
GLinda B.M w
000019
CG Msoin/��S
JUN OIL=
Dear Council Member Pougent,
My wife and I are new homeowners in Palm Springs (296 N, Orchid Tree Lane as of
December 17, 2007). We are delighted with our purchase of a beautiful home in a
quiet neighborhood in a city we have enjoyed visiting for many years. In 10-12
years, we plan to retire to our new home. We feel very much that Palm Springs is
our spiritual home already! We are eager for the day when we can come to join the
community full-time.
In the meantime, we very much enjoy the privilege of offering our home to guests
on a vacation rental basis. Our property is managed by Vacation Palm Springs. We
have the highest confidence in this fine organization not only to manage our
valuable property, but to help us be a good neighbor at all times. We have the
utmost respect for the residents that surround us, some of whom we already know.
We will work carefully with Vacation Palm Springs and with City officials to make
sure our guests respect our neighbors as well. When our home is not rented, we
intend to visit regularly, not only to help monitor the rental situation, but also to
enjoy our home as time permits.
We understand the need on the part of the City to regulate vacation rentals. We
believe that the draft ordinance that is to come before the Council would be helpful
in striking an appropriate balance between our rights as homeowners who desire to
offer our property as a vacation rental and those around us who are full-time
residents.
As you know, Vacation Palm Springs has a Good Neighbor Policy. We intend to
communicate this policy clearly to our guests as well as our neighbors and to work
with Vacation Palm Springs and City officials to enforce it.
We would appreciate your consideration in weighing the many benefits to the City
that the availability of vacation rentals affords (increased tourism, guests who
ultimately purchase as we did, tourism income to City businesses, hotel tax
revenue, etc.).
Thank you for giving your careful attention to these matters and for listening to our
concerns.
William Wood
Sherril Wood
296 N. Orchid Tree Lane f „
Palm Springs, CA 92262
ca =
000017
Page 1 of 2
Kathie Hart
From: Jay Thompson
Sent: July 08, 2008 9:09 AM
To: Kathie Hart
Subject: FW Vacation Rental Noise
Please include in packet . . . Jay
From: David Ready
Sent: Friday, July 04, 2008 2:27 PM
To: Jay Thompson
Subject: FW: Vacation Rental Noise
Jay,
Mr. Dunn asked that his email, below, be included in the record for the meeting of July 30th
when Council considers the Event House Ordinance.
Thanks,
David
h
704 rat m a*r
{
DAVID H. READY, Esq., Ph.D.
CITY MANAGER
�M+craoxMtw
City of Palm Springs Tel; (760)322-8350
3200 E.Tahquitz Canyon Way Fax: (760)323.8207
Palm Springs, CA 92262 TDD. (760) 864-9527
www.palmSRripgs-ca,gov Davtd:Readyppalmsprings-ca,gov
From: Bill Dunn [mailto:bill1244@dc.rr.com]
Sent: Friday, July 04, 2008 8:21 AM
To: Steve Pougnet; Ginny Foat; Rick Hutcheson; Chris Mills; Lee Weigel; David Ready
Cc: April Hildner
Subject: Vacation Rental Noise
Mayor & City Council Members,
guess at this point when you see an e-mail from me you know what's coming next.
Last night Thursday at 1:00 ( Friday am 7/4 ) in the morning we were woken up again.This time
not from (1476 San Lorenzo ) the property Rick Hutcheson's company owns and rents out but the
one right next door 1456 San Lorenzo, which is managed by Rick Hutcheson's company, Vacation
Palm Springs. 1456 San Lorenzo is right behind us.
07/08/08
Page 2 of 2
Reminder: through closed windows & doors, fans running and air conditioner on we heard
them.
It was just June 13 when we last had to call the police at 12:15 on 1476 San Lorenzo for noise.
This time officer Campbell went right to 1456 San Lorenzo and got them quiet she then came by
our home. She shared with us that there was a group of people there and gave them a warning. It
was clear to her that they were " here to party and not for a leisurely weekend."
I also called the management company the next day and left a message informing them of the
address and the police call.
We now have had the police at 1456 San Lorenzo on 4/25, 5119, 7/4---these are only the times
that we have had one of the blue incident cards filled out. We have had noise stopped by the
police there one other time. As you know this does not take into account the number of times we
have called on 1476 San Lorenzo nor the number of times we had noise and did not call the police
but just endured hours of undo stress.
The sad thing about this is my partner is on call this weekend at the hospital and had to work on
July 4. Unfortunately we were woken up at 1:00 by screaming & yelling, dealt with the police, then
could not get back to sleep and off to work he went.
We have lived in resort towns before in other states and have never experienced anything like
this. These are clearly becoming, if not already party houses. After all they each have five
bedrooms and here we are trying to keep noise down with that occupancy.
We are emotionally, mentally & physically exhausted.
Again," how many times do the police need to be called on particular properties before
someone seriously addresses the issue."
Look forward to seeing everyone on July 9, 2008.
William Dunn
Ronald Froemming
424-6503
07/08/08