HomeMy WebLinkAbout5/21/2008 - STAFF REPORTS - 1.G. Ron Siegel _
From: Ann Japenga Uapenga@worldnet.att.net]
Sent: Monday, May 19, 2008 4:18 PM
To: david.ready@palmsprings-ca.gov
Cc: Steve.Pougnet@palmsprings-ca.gov; Ginny.Foat@palmsprings-ca.gov;
Rick.Hutcheson@palmsprings-ca.gov; Chris.Mills@palmsprings-ca.gov; Lee Weigel;
stefanie.frith@thedesertsun.com; ronsiegelinps@verizon.net
Subject: Public Comment on Vacation Rental Ordinance
Re: May 21", 2008 PS City Council meeting
Public Comment on Item 1-G: To consider a"Vacation Rental Ordinance"
From: Ann Japenga and Christy Porter
521 N. Ave. Caballeros
Palm Springs, CA 92262
(760) 327-5141
We've lived full-time in our Palm Springs home for 13 years; now that we have an out-oF control vacation
rental next door we are considering moving out of PS altogether. The neighbors on the other side of the
problematic rental have lived here for 32 years. We feel we've lost control over our neighborhood and our
homes_ Until you are in this situation, it's hard to imagine how powerless you can feel against the parade of
partiers, absentee owners bent on profit, and vacation rental agencies (in our case, Rick Hutcheson's agency)
who also profit by disrupting the lives of long-term residents.
We wait with trepidation every weekend as a new caravan of strangers pulls into the driveway next door. Soon
bip-hop or disco is pounding through the walls, accompanied by the giddy screams of vacationers freed from
their everyday routines. They're paying $400 a night so they feel it's their right to blow it out. On most
weekends (and many weekdays) during"the season", we have had to abandon our backyard, close our doors
and windows and turn on the air conditioner. And still we hear the thumps and screams from next door. We've
had to take our dog, Abby, to the vet for tranquilizers.
The owner of the party house lives in San Francisco and feels no real accountability to the neighborhood or his
neighbors. To him, the house is an investment and he sees it as his God-given right to wring all the income he
can out of it. As for how Rick Hutcheson feels about his part in this—we don't know since he has never
returned our calls or e-mails.
The battle over party houses is a battle for the soul of Palm Springs. Will we become one giant hotel,pandering
only to tourists and investors? Will we drive out long-time residents and give the town away to absentee owners
who have no investment(other than financial) in this place?
Because the owners and agencies are motivated by money, it is crucial that the ordinance gives the city the
authority to revoke a Vacation Rental Certificate if an owner or agency repeatedly violates the rules. Based on
our extensive experience,this is the only sort of clout that will work.
Please give the people-people who pay taxes here and with their work,their volunteerism, and their charitable
contributions make a significant difference in both the city of PS and the greater CV--the tools they need to
light back against irresponsible vacation rentals. For now this may be an abstract problem to you, but if an out-
of-control rental comes to your block—we guarantee you will be very glad to have these tools in place.
t 6,- z1OAS
Ron Siegel
From: stevedinga@aol.com
Sent: Saturday, May 17, 2008 6:20 PM
To: ronsiegelinps@verizon.net
Subject: Re: Vacation Rental Ordinance
This is awesome! Great' I'll be in San Francisco this week, hope
all goes well on Wednesday!
--Original Message—
From: Ron Siegel aronsiegelinps@verizon.net>
To: Ron Siegel<ronsiegelinps@verizon.net>
Sent: Sat, 17 May 2008 4:30 pm
Subject Vacation Rental Ordinance
Members
El Mirador N O 1 have attached the
latest draft of the Vacation Rental Ordinance that is going to be discussed by myself and the Chairman(John Williams) and Vice-
Chair(Bob Mahlowitz) of PSNI C this coming Wednesday at 6 PM with the City Council and Mayor We are urging a large turnout at
the meeting at City Hall to support passage of the ordinance.You may speak for three minutes about the need for the ordinance or not
speak. But be sure to be present.We have been working on this ordinance for over two years and this may be out best chance for
passage and to finally get control of the short term vacation rental problems If you have any questions please ask me
If
you have trouble opening the file keep trying-it is in pdf format which is common to most computers.
Again
thanks for your cooperation and I hope to see you this Wed , May 21 at 6 PM at City Hall to support the ordinance.
Ron
Siegel
1
Ron Siegel
From: paandkkl@aol.com
Sent: Monday, May 19, 2008 11:14 AM
To: ronsiegelinps@verizon.net
Cc: Edwardjdietrich@aol.com; thomas-van-etten@dc.rr.com; LEONBKFD@aol.com; paandkkl
@aol.com; mshofps@verizon.net; etrost@dc.rr.com;TEDTELFORD@aol.com;
alex@desertaidsproject.org; rmyers002@dc.rr.com
Subject: Re: Wednesday City Council Meeting
Ron,
As a Norg of HOAs we seem to be fortunate in not having the rental/party problems facing other neighborhoods. That
does not mean such a problem could not occur in an HOA.
I cannot imagine living with such a problem as a neighbor. Neighborhoods are the life-blood of a city. Disturb the peace
and quality of life and a neighborhood will deteriorate to the detriment of the entire city.
Ron, I plan to attend and speak saying something like what I wrote above. if this is not a good idea please let me know.
Paula
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1
Page 1 of I
From: MSpec82194@aol.com
Date: 05/21/08 16:03:47
To: Steve.Pougnet@palmsprings-ca.gov; Ginny.Foat@palmsprings=ca�ov.;
Rick.Hutcheson@palmsprings-ce.gov; Chris.Mills@palmsprings-ca.gov;
Lee.Weigel@palmsprinic s=ca,gpy
Cc: riploss@dc.rr.com
Subject:Vacation Rental Ordinance
As a sixteen year permanent resident of Palm Springs, I urge you to pass the
proposed vacation rental ordinance. With the growing development in Palm Springs
bringing increased congestion, density and noise, maintaining the integrity and peace
of our residential_neighborhoods becomes even more paramount. Having been the
victim of irresponsible short term renters in the past, which led to a strain on valuable
police resources due to mine and others legitimate noise complaints, I see the need
for clearly defined parameters in regard to itinerant rentals in our residential
neighborhoods. The rights of landlords should never supercede the enjoyment of
homeowners who bought in single family residential neighborhoods with a reasonable
expectation that ordinances and codes would be maintained and enforced, with
appropriate punitive measures against violators as needed.
Sincerely,
Murray Speck-tar
760-322-9513
mspec821S4@aoi.com
Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AOL Food.
file://C:\Users\Roxann\AppDaia\Local\IM\Runtime\Message\{D07CPB36-3D32-433 8-8A... 5/21/2008
Page 1 of 2
Subj: Re: Vacation Rentals -noise disturbances
Date: 5/8/2008 1:19:21 PM Pacific Daylight Time
From.
To:
Sent from the Internet
Hi Paul - I had a call from Ron Froemming about a vacation rental behind his house that has been a
constant source of noise and disruption. Despite calling the police each and every time, calling the
vacation rental companies security number and the vacation rental company who manages the
property -there has been no resolution to the problem. Further, Peter and Steve and their backyard
neighbors- people I have met-they own the Fudget shop downtown, have been experiencing a
similar problem - in the extreme. The Fudge shop people told me that they can no longer use their
backyard because of the noise. They also have been in contact with police, code enforcement and
the fire department-the fire department because there is often way more people in the house than
current code allows. All to no avail. Ron and his partner Bill would like to hear how many other
TRENO residents are having this same experience, by sending out an email to our list. Ron and Bill
drafted the message below.
I told Ron that I would talk to you about this and see if you support the idea. Also, we might
consider sending out the draft ordinance along with the message below- referencing that it is
attached to the email. I changed the email to insert this language.
What do you think?
"Ron Froemming"<ron1244@dc.rr.com>writes:
Dear Treno Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these
properties in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to
this E-Mail simply stating, "yes this is a problem". If you care to elaborate, please feel free to
provide more detailed information.
We are hoping to gather this data to take to the May 21st City Council meeting. Council will be
reviewing the draft vacation Rental Ordinance at that meeting (the draft Ordinance is attached to
this email). The meeting is open to the public and any of you who wish to attend are
welcome.
Your input is greatly appreciated.
Paul Crippan
Ron Froemming �zI/e0oB
Monday, May 19, 2008 America Online: JPCRIPPAN
Page 1 of 1
Subj: Fw: Vacation Home Ordinance
Date: 511 612008 1 1:59.21 AM Pacific Daylight Time
From.
To:
Sent from the Internet
From: KennyKdt@aol.com [mailto:KennyKdt@aol.com]
Sent: Friday, May 16, 2008 11:17 AM
To: TRENO@TRENOPS.COM
Subject: Re: Vacation Home Ordinance
Yes, this is a problem. One thing I think would help, is to limit the number of people that are allowed to be in
these properties. The houses across the street from us, sometimes have up to 12116 people staying there.
Kenny Taylor
9000 Sunset Blvd. Suite 100
Los Angeles, CA 90069
310,281,4306 office
213.7602044 cell
Wondering what's for Dinner Tonight?
Monday, May 19, 2008 America Online: JPCRIPPAN
Page I of 2
Subj: FW:Vacation Home Ordinance
Date. 5/16/2008 12:00:21 PM Pacific Daylight Time
From:
To:
Sent from the Internet
From: Jonathan Bunis [mailto:j bun is@aol.com]
Sent: Friday, May 16, 2008 11:25 AM
To: webmaster@trenops.com
Cc: jperippan@aol.com; marc_hampton@hotmail.com; balletgramma@verizon.net; rkincaid@dc.rr.com
Subject: Re: Vacation Home Ordinance
My home on San Lorenzo Road has been in a rental program for primarily weekend guests since 2000.
In that time, only one neighbor has ever had any ongoing problem with the guests of my home, and in
fact that neighbor has created many other conflicts not related to me or my home, so does not represent a
fair sampling, though he has my responsiveness to any issues as any neighbor would. I have a repeat
rental rate approaching 50%, which is in part due to the fact that people love the bouse, and the
neighborhood,just like I do. And just like most Treno residents feel about their homes and the
neighborhood. I have had some,but very infrequent issues with noisy occupants of my home. and these
events have been resolved quickly and effectively by the rental agent or the police in the rare instance.
I find it offensive and irresponsible that the "default" response suggestion in your email is effectively
"let us know you have bad a problem,but we don't want to measure the rationality of your comment".
You just want to know if people have problems----an easy question to say "yes" to when there is no
accountability for accuracy. You should be polling for YES and NO (and why)if you are to represent
the interests of all homeowners and have any credibility in presenting whatever responses you receive.
Will you know whether the trash got left out once a year ago, or if there is a real noise issue, or if the
contributor is just always going to respond NIMBY to anything? Where you have a substantiation of a
problem, or a good experience,then share the information appropriately with respect for all parties, by
all means.
There are more than a few homeowners in the TRENO neighborhood who would not be able to keep
their homes through the economic storm of the moment, but for some rental revenue. The
neighborhoods have been improved and values have increased because of the investments homeowners
who rent their properties part time have made. Seen many run-down rental homes in the area? Not
many, is my observation, and remember that most homes in rental programs are also empty during the
week, affording much more time where there is no noise at all compared to full-time occupied homes---
and the resulting lower levels of traffic and other negative impact on the neighborhoods.
Where there are noise or other issues, calls to rental agency management and in extreme cases the
police always resolve the problem, and all rental agencies have strict rules about noise that clients are
informed about on check in. Neighbors who reasonably complain to anyone other than the homeowner
or the agency simply monger gossip and make the issue seem worse than it is. The factual
information on rental-home-created problems is a lot less negative than talk sometimes makes it seem.
I encourage you as the representatives of the entire neighborhood not to mimic gossip-like behavior in
carrying messages forward that you gather so casually and without appropriate consideration. The
approach in the mail I respond to here does not work in the interests of any of the people you are
representing. We can do better than this in solving problems in our neighborhood.
Monday, May 19,2008 America Online: .IPCRIPPAN
Page 2 of 2
Thanks for considering nay comments and forwarding them or reading them where it is fair,reasonable,
and helpful to do so.
JONATHAN BUNIS
Homeowner and part time resident
1256 San Lorenzo Road
Palm Springs, 92264
-----Original Message-----
From: Vic Eisenhut<webmaster@trcnops.com>
To: Paul Crippan<jperippan@aol.com>
Sent: Fri, 16 May 2008 10:24 am
Subject: Vacation Home Ordinance
Dear TRENO Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these
properties in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to this E-
Mail simply stating, "yes this is a problem If you care to elaborate, please feel free to provide
more detailed information.
We are hoping to gather this data to take to the May 21 st City Council meeting. Council will be
reviewing the draft Vacation Rental Ordinance at that meeting. You can view a copy of the
draft ordinance on the TRENO website at:
The meeting is open to the public and any of you who wish to attend are welcome.
Your input is greatly appreciated.
Paul Crippan
Ron Froemming
Bill Dunn
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Monday, May 19, 2008 America Online: JPCRIPPAN
Page 1 of 1
Subj: FW:Vacation Home Ordinance
Date: 5/16/2008 12:01:05 PM Pacific Daylight Time
From.
TO:
Sent from the Internet
From: Randy Burns [mailte:rburns@dc.rr.com]
Sent: Friday, May 16, 2008 11:53 AM
To: Vic Eisenhut
Subject: Re: Vacation Home Ordinance
YES THIS IS A PROBLEM
—Original Message—
From:
To:
Sent: Friday, May 16, 2008 10:27 AM
Subject:Vacation Home Ordinance
Dear TRENO Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these properties
in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to this E-Mail
simply stating, "yes this is a problem If you care to elaborate, please feel free to provide more
detailed information.
We are hoping to gather this data to take to the May 21 st City Council meeting. Council will be
reviewing the draft Vacation Rental Ordinance at that meeting. You can view a copy of the draft
ordinance on the TRENO website at:
The meeting is open to the public and any of you who wish to attend are welcome.
Your input is greatly appreciated.
Paul Crippan
Ron Froemming
Bill Dunn
Monday, May 19, 2008 America Online: JPCRTPPAN
Page 1 of 1
Subj: FW: Vacation Home Ordinance
Date: 5/16/2008 1:51:13 PM Pacific Daylight Time
From:
To:
Sent from the Internet
—Original Message—
From: Don Davis[mailto:dondavis@thegrid.netj
Sent: Friday, May 16, 2008 1;44 PM
TO: Vic Eisenhut
Subject: Re: Vacation Home Ordinance
Dear TRENO Neighborhood Residents,
a
>Some individuals in our neighborhood have expressed concern about
ongoing noise disturbances coming from vacation rental properties.
I hear nothing except for weekend party noises in the distance, but
perhaps I'm just fortunate. Why add yet another ordinance to cover
local noise problems when there are already laws one can invoke to
address such issues? Just call the cops if you are annoyed by
unreasonably loud neighborhood parties.
Respectfully,
Don Davis
Monday, May 19, 2008 America Online: .1PCRIPPAN
Page 1 of 1
Subj: FW:Vacation Home Ordinance
Date: 5/16/2008 1:51,22 PM Pacific Daylight Time
From:
To:
Sent from the Internet
From: susan colburn [mailto:susancolburn@msn.com]
Sent: Friday, May 16, 2008 1:46 PM
To: Vic Eisenhut
Subject: Re: Vacation Home Ordinance
yes, it has been a problem for us. susan colburn
—Original Message—
From:
To:
Sent: Friday, May 16, 2008 10:27 AM
Subject: Vacation Home Ordinance
Dear TREND Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these properties
in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to this E-Mail
simply stating, "yes this is a problem If you care to elaborate, please feel free to provide more
detailed information,
We are hoping to gather this data to take to the May 21 st City Council meeting_ Council will be
reviewing the draft Vacation Rental Ordinance at that meeting. You can view a copy of the draft
ordinance on the TRENO website at:
The meeting is open to the public and any of you who wish to attend are welcome.
Your input is greatly appreciated.
Paul Crippan
Ron Froemming
Bill Dunn
Monday, May 19, 2008 America Online: 7PCRIPPAN
Page I of 4
Subj: FW:Vacation Rentals
Date: 5/17/2008 5,38:18 PM Pacific Daylight Time
From:
To.
Sent from the Internet
From: Michael [mailto:michael@goddart.com]
Sent: Saturday, May 17, 2008 10:23 AM
To: Vic Eisenhut
Subject- Vacation Rentals
Yes, this is a HUGE problem. It has been since I moved here November 2001. For me, I'd like
this to be TRENO's first priority, as it has negatively impacted my ability to live here so hugely.
Just last night, several families numbering??? arrived here in six vehicles. They were making
so much noise, yelling, bellowing, screaming, and playing very loud music that even with the
windows all closed and fans running, I still couldn't find a room to be in. I was forced to cancel
my planned activity at home and went out for several hours. When I returned, the musicws
even louder and the screaming wilder. I called the police at ten. Finally, finally, the volume
decreased, but after midnight, it was impossible to find a room to try to sleep in, so I called the
police yet again. This time, the police person challenged me, saying, "Well, they promised to
turn it down," and it was very difficult to get her to agree to take action, and her attitude
seemed to be that I was creating a problemll
Vic, I am very disappointed that the Vacation Rental Ordinance is still not in force. I thought it
had gone into force Sept or Oct. Why is this? Would serve to write our leaders before the
meeting?
Sincerely,
Michael Rothschild
Dear TRENO Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these
properties in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to this
E-Mail simply stating, "yes this is a problem". If you care to elaborate, please feel free to
provide more detailed information.
Monday, May 19, 2008 America Online: JPCRIPPAN
Page 1 of 2
Subj: FW:Vacation tome Ordinance
Date: 5/17/2008 5:39:23 PM Pacific Daylight Time
From:
To:
Sent from the Internet
—Original Message--
From: Lynda Kerney [mailtoAyndajk2001@yahoe.comj
Sent: Saturday, May 17, 2008 8:54 AM
To: Vic Eisenhut
Cc: Paul Crippan
Subject: Re: Vacation Home Ordinance
This has not been a problem for me. The occasional
parties nearby can become loud on occasion, but it is
impossible to tell if it is from a rental home or
year-round resident. Either way, it happens so
infrequently I do not consider it an annoyance.
The City already has a noise ordinance. I do not see a
need for additional government regulatory interference
with private property rights.
Lynda Gregory
—Vic Eisenhut<webmaster@trenops.com>wrote:
a Dear TRENO Neighborhood Residents,
a
a Some individuals in our neighborhood have expressed
a concern about ongoing
• noise disturbances coming from vacation rental
n properties.
a
*We are trying to determine how many of you are
n affected by noise issues
a related to these properties in our neighborhood.
a
•
If you are adversely impacted by any of these
a properties we are asking that
•you reply to this E-Mail simply stating, "yes this
a is a problem". If you
a care to elaborate, please feel free to provide more
• detailed information.
a
a We are hoping to gather this data to take to the May
•21st City Council
a meeting. Council will be reviewing the draft
•Vacation Rental Ordinance at
a that meeting. You can view a copy of the draft
• ordinance on the TRENO
•website at:
a
a
a http:/Iwww.trenops.com/library/vac.abonhomeord.pdf
Monday,May 19, 2008 America Online: ,TPCRIPPAN
Page 2 of 2
n
n The meeting is open to the public and any of you who
•wish to attend are
•welcome.
n
a
>Your input is greatly appreciated.
a
n
a Paul Crippan
* Ron Froemming
a Bill Dunn
7
7
Monday, May 19, 2008 America Online: JPCRIPPAN
Subj: FW: Vacation Home Ordinance
Date 5/17/2008 11:41:57 PM Pacific Daylight Time
From:
To:
Sent from the Internet
From: Natalie Cochran [mailto:nataliethemerchant@earthlink.net]
Sent: Saturday, May 17, 2008 9:08 AM
To: Vic Eisenhut
Subject: RE: Vacation Home Ordinance
Yes...this is a problem. Home owners should not be subjected to all night parties. Vacation renters often put all
courteously aside knowing they will not ever have to come face to face with neighbors. They simply do not care.
Perhaps a more firm policy should be in place to help protect our privacy and serenity...something we all look
forward while living here-
____Original Message----
From:
To:
Sent: 5/16/2008 10:27:16 AM
Subject: Vacation Home Ordinance
Dear TRENO Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these
properties in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to this E-
Mail simply stating, "yes this is a problem". If you care to elaborate, please feel free to provide
more detailed information.
We are hoping to gather this data to take to the May 21st City Council meeting. Council will be
reviewing the draft Vacation Rental Ordinance at that meeting. You can view a copy of the draft
ordinance on the TRENO website at:
The meeting is open to the public and any of you who wish to attend are welcome.
Your input is greatly appreciated.
Paul Crippan
Ron Froemming
Bill Dunn
Monday, May 19, 2008 America Online: JPCRIPPAN
Page I of 2
Suby FW:Vacation Home ordinance
Date: 5/18/2008 8:21:59 AM Pacific Daylight Time
From:
To:
Sent from the Internet
From: Ed Fine [mailto:gef@dc.rr.com]
Sent: Sunday, May 18, 2008 8:05 AM
To: Vic Eisenhut
Subject: Re: Vacation Home Ordinance
We are not at present affected by disturbances coming from vacation rental
properties. We have, however, in the past been so adversely affected that the
situation has been the SOLE reason for selling our property due to ongoing and
uncontrolled vacation disturbances. I DO NOT think that a neighborhood is an
appropriate place to conduct a business involving a constant flow of traffic. The City
can try to regulate all they want, but when the disturbances are being made, there is
absolutely no workable solution until after the fact. The ONLY REMEDY to late
night or all-day disturbance is to be able to contact (directly) the OWNER of the
property being rented for vacation purposes. That ability, then, makes it
inconvenient for the owner AS WELL AS the neighbor. It does not work for
neighboring properties to be forced because of their unfortunate proximity to deal
(through the 'proper' channels) with vacationers with no buy-in to the property or
community and who, I guarantee, further feel they have 'paid' for the right to spend
their vacation time as they see fit. I truly hope that this whole issue is scrutinized
from every angle. If I have a vacation rental begin to do business next to me, I won't
wait for the impact.....my home will immediately go on the market.
Ed Fine
770 So. Palo Verde Ave.
—Original Message---
From:
To:
Sent: Friday, May 16, 2008 10:24 AM
Subject:Vacation Home Ordinance
Dear TREND Neighborhood Residents,
Some individuals in our neighborhood have expressed concern about ongoing noise
disturbances coming from vacation rental properties.
We are trying to determine how many of you are affected by noise issues related to these properties
in our neighborhood.
If you are adversely impacted by any of these properties we are asking that you reply to this E-Mail
simply stating, "yes this is a problem If you care to elaborate, please feel free to provide more
detailed information.
Monday, May 19, 2008 America Oziline: 7PCRIPPAN
Page 2 of 2
We are hoping to gather this data to take to the May 21st City Council meeting. Council will be
reviewing the draft Vacation Rental Ordinance at that meeting. You can view a copy of the draft
ordinance on the TRENO website at:
The meeting is open to the public and any of you who wish to attend are welcome.
Your input is greatly appreciated.
Paul Crippan
Ron Froemming
Bill Dunn
Monday, May 19, 2008 America Online: JPCRIPPAN
Page 1 of 1
Suby FW:Vacation Home Ordinance
Date: 5/19/2008 2:11:28 PM Pacific Daylight Time
From;
To:
Sent from the Internet
From: Gary Hunter [mailto:gary@mccormackassociates.com]
Sent: Monday, May 19, 2008 11:39 AM
To: webmaster@trenops.com
Subject: Vacation Home Ordinance
Hi this is Gary Hunter - 1074 San Lucas. My neighbor across the street—Joe Silva (has no computer) -has had
problems with the house at 1072 N. Riverside being rented to party goers in the past(that is the house directly
behind him).
Just wanted to let you know—thanks for disseminating this information...
Gary Hunter
Monday, May 19, 2008 America Online: JPCRIPPAN
RECEIVED
-1iY EOF f hLN SPr�lit: BERNARbSHERWYIV
2003 ClI'Y 21 PH 3: GO Attorney at Law
CITY Cl tlf 1988 SOUTH MESA DRIVE
PALM SPRINGS,CA 92264
CELL(760)8M-4037
FAX(760)416-7551
sherwynesq(a1anl.Cn m
May 21, 2008
The Palm Springs City Council
Steve Pougnet,Mayor
Ginny Peat,Mayor pro tern
Rick Hutcheson, Councilmember
Chris Mills, Councilmember
Lee Weigel, Councilmember
Re: DRAFT"VACATION RENTAL" ORDINANCE
Dear Mayor Pougnet, Mayor pro tem)'oat and Councilmembers Hutcheson,Mills and Weigel:
Although I made my living for several years as a real estate broker here in Palm Springs, of even more
importance is the fact that T live in Palm Springs.
On a number of occasions, my wife and i have had trouble with our neighbor renting out their house as
a short term vacation rental. The renters showed absolutely no consideration for our needs. I'm talking
about many cars parked in front, loud music, pool splashing,yelling and more, until well into the early
morning hours. Our requests for quiet were met with derision. It has effected our health as our sleep is
interrupted by the noise, etc.,but also by the invasion of our home by this conduct. This is conduct that
even the loosest motels would not tolerate,but we have no "manager"to complain to as the owners are
not in residence. This also cost the city for police calls.
On the occasions where there was a month long or longer rentals,the entire character of the renters
changed and they treated the house as a home, vnth respect for neighbors. Please limit or disallow the
use of homes as vacation rental.
Best regards,
41-9
Bernard Sherwyn
7ZF/0 1�
MICHAEL DAVID ROTHSCHILD
1276 E San Lorenzo Rd
Tahquitz River Estates
Palm Springs,CA 92264-8120
michael@goddart.com
Tel76o/g23-9330
May 21, 2008
To The honorable:
Steve Pougnet, Mayor
Ginny coat, Mayor Pro Tern
Chris Mills, Councilmembcr
Rick Hutcheson, Cotmcilmember
Lee Weigel, Councilrnernber
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA. 92262
1 will unfortunately be unable to make the meeting today, but below is a copy of a letter I
wrote urging the City Council to pass a Vacation Rental Ordinance.
I have studied the draft Ordinance, but was unable to reach David Ready to confirm
various points.
Ch. 5.25.070(b) It is not clear how maximum occupancy will be enforced_ This past
weekend there were six vehicles parked in front of the vacation rental. The huge volume
of noise that issued from the house sounded as though it was coming from over fifteen
persons.
Ch. 5.25.070(d) This provision is vague. The renters need to be advised verbally and in
their contract of what the Palm Springs Municipal Code mandates regarding noise and
disturbances.
Ch. 5.25.070(g) This seems not clear. When I tried to contact a management company,
the agents have been unreachable—even over the course of the weekend.
This past weekend was yet another weekend in hell in which I was .forced to leave my
residence due to excessive noise. I again urge the City Council to pass an effective
Vacation Rental Ordinance so that the city's residents are not deprived of their
constiutional and property rights.
June 28, 2007
To The Honorable:
Ron Oden, Mayor
Steve Pougnet, Mayor Pro Tem
Gitmy Poat, Couicihnember
Mike McCulloch, Councilmember
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Chris Mills, Councilmember
City of Palm Springs
3200 Past Tahquitz Canyon Way
Palm Springs, CA 92262
1 understand that there is a Vacation Rental Ordinance being drafted for the City of Palm
Springs. I applaud the effort and urge you to pass it as soon as possible. I would like to
make a few comments, based on my experience living next door to a long-time rental
property.
Prior to renting, vacation renters should be required to read and sign their acceptance to
guidelines that advise them of the Vacation Rental Ordinance and also that they are
staying in a residential neighborhood as guests and they need to respect this. The
guidelines should advise them of what are not acceptable levels of noise. Further, rules of
expected courtesy should be posted in the house. For instance, if they are outside, in the
evening, shouting, yelling, and playing music is a disturbance of peace and is not
acceptable.
I have suffered an ongoing problem from a vacation rental since 2001. Prior to moving to
our beautiful city, I stayed in about ten resorts and nothing at those resorts remotely
approached the level or noise I've encountered from families or groups that take over
single family residences. These people are unsupervised and as far as they know, they
have license to be as loud as they wish. There have been as many as fifteen people staying
at the rental which advertises a maximum occupancy of eight. When the people renting
throw a party and invite others,the number has exceeded this. A few weeks ago, eight
SUVs were parked outside.
I wish the Honorable Mayor and Council to note that when the level of noise exceeds
what is customary for our neighborhood, residents are deprived of exercising our
property rights. When the level of noise is invasive, I am prevented from using my
property—i.e., I can not read, eat, work, let alone sleep. This includes the daytime. At
these times, I must either leave or watch television, and at times the volume of noise has
even interfered with the television, despite it being turned up.
June 28, 2007
page two
More important than property rights, residents are deprived of our inalienable right to
"life, liberty, and the pursuit of happiness."At this point, over the years, I have lost about
1,150 hours ofmy_life! This through lost sleep and inability to fimction well, by being
forced to engage in alternative activities, and by aggravated health conditions exacerbated
by the loss of sleep. Though I am forced to keep the windows closed and put on fans for
white noise, unless I bring myself to call the police and they come out and the noise
abates, these strangers are invading my home. Even when the noise dies down after a
police call, later at midnight or two a.m. or whenever, it can explode again.
For the record, the owner has used extreme verbal abuse and rage, written me monstrous
emails filled with diabolical fabrications, and has otherwise sought to intimidate me to
prevent me from taking action. All this despite the fact that he and his business continue
to violate the Palm. Springs City Code!
A minority of renters are respectful and considerate. But the majority continue to be
oblivious that residents around them are attempting to live their lives. In addition to the
fact that these parry houses continue to violate the City Code, it appears that vacation
rentals violate zoning ordinances. When I purchased my residence, I understood that I
was buying into a low-density residential neighborhood, which in California, I believe, is
considered one household on a long-term basis. What I soon discovered was that my life
was at the mercy of a business which attracted large numbers of people to party—families
of young children screaming their lungs out for hours at end and/or adults drinking
outside into the night bellowing and getting louder as they got drunker. There is also the
very real ongoing tension with the majority of renters who shout and scream and blare
music off and on for we never know if they'll be quiet enough during dinner to eat that
meal in relative peace or whether we'll be able to watch a movie on DVD. Sometimes, it
will get quiet mid evening and I'll go to bed praying I'll be able to sleep only to have
screaming awaken me in the night—the visitors went out on the town_
Are these the conditions we want to have in our residential neighborhoods? There I come
CTom in the California Bay Area, short-term rentals are against the law—with the result
that we have a vibrant downtown commercial district and residents who contribute to the
community and buy more than beer.
That you for your good efforts to resolve this ongoing problem, by either upgrading our
neighborhoods—i.e., not allowing short-term rentals or by passing and enforcing a most
effective ordinance.
Very truly yours,
Michael Rothschild
Bob Mahlowitz
On Behalf of the Code Enforcement Committee
Palm Springs Neighborhood Involvement Committee
Palm Springs Mayor Steve Pougnet
Honorable Palm Spring City Councilpersons
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
May 19, 2008
Re: Draft Vacation Rcntal Ordinance May 21 2008 Council Meetino
Dear Mr. Mayor and Honorable Councilpersons:
T present this letter because the Palm Springs Neighborhood Involvement Committee ("PSNIC")
asked it's Code Enforcement Committee ("CEC") to provide comments to the City Council about
the draft Vacation Rental Ordinance that will be discussed at a study session before the City
Council on May 21, 2008. Members of the CEC include its chair, Ron Siegel (El Mirador
Neighborhood); David Carden (Baristo); Shiela Cobrin (Vista Las Palmas); Jim Lundin
(Decpwell); Bob Mahlowitz (Sunmor); Dick Mandell (Movie Colony) and John Williams (Las
Palmas).
This letter does two things (1) sets out a brief history of the two-year effort by PSNIC to address
vacation rental issues, and (2) offers four suggestions for additions or changes to the draft
ordinance.
XXistoy of the Draft Vacation Rental Ordinance
The draft ordinance is the result of over two-years of work involving PSNIC, the Palm Springs
Vacation Rental Industry, the City Manager and City Attorney. Although it does not meet every
one of PSNIC's concerns, the draft ordinance presents a huge step forward toward giving
neighbors tools to ensure the quiet enjoyment of their homes, preserves the rights of Owners to
rent their homes on the vacation market and continues to offer tourists a sought-after vacation
experience.
When PSNIC was first formed, problems with Vacation Rental properties was one of the two top
concerns of neighbors in Palm Springs. Crime was, and is, the other major concern. Two years
ago,the PSNIC Code .Enforcement Committee began discussions about rules and regulations that
might be considered to help deal with problem rentals. And it is PSNIC and the CEC Committee
that asked that I write this letter.
Vacation rentals are somewhat of a hybrid land-use. They are short-term residential rentals but the
serial, on-going renting of the same home to different tourists throughout the year is somewhat
akin to a commercial innkeeper usage.
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Pahn Springs Office of Neighborhood Involvement Committee �—
Code Enforcement Committee
Draft Vacation Rental Ordinance
PSNIC Code Enforcement Commtttue Comments
May 19,2008
Paee 2 of 4
Currently, there are no regulations that address this land usage in our residential zones even though
there is a thriving residential vacation rental industry in Palm Springs. Our goal was to find an
acceptable way to provide neighbors tools to ensure compatible residential usage while
guaranteeing Owners the continued right to responsibly rent their homes.
PSNIC quickly realized that one of the main problems with our current Municipal Code is that
there is no easy way to hold an Owner responsible for ongoing problems of various renters at a
Vacation Rental. And we realized that Palm Springs might prefer to avoid issuing tickets to its
tourists when it is the Owner who should be ensuring neighborhoods standards are followed.
PSNIC surveyed ordinances in vacation destination communities throughout the nation. They
range from outright bans such as the prohibition of rentals less than 30-days in Miami Beach to our
own City which currently has no regulations specific to short term rentals—other than mandating
that they pay Transient Occupancy Tax.
We learned a lot by meeting with vacation rental company owners. Many of the problems of
vacation rentals seem to srem from VRBO rentals—Vacation Rental By Owner. When VRBO is
done remotely by a property owner over the internet, there is no responsible person near Palm
Springs who can oversee weekend and weekly renters in our neighborhoods.
Although many on PSNIC like to have seen the draft ordinance regulate the vacation rental
industry itself to help discourage irresponsible vacation rental agencies, PSNIC realizes that is not
acceptable to the vacation rental industry at this time. Moreover, anecdotal evidence suggests that
the most egregious vacation rental problems involve VRBO vacation rentals, not agency rentals.
In fact, the active vacation rental industry players have already begun to voluntarily implement
many of the "best practices" standards contained in the draft ordinance. The active vacation rental
industry players appear to be working responsibly to help ensure our neighborhoods are good
places to live.
Suggested Changes to the Drqft Ordinance
With all of that said, PSNIC has four suggested changes to the Draft Ordinance the Council may
wish to consider. They are as follows:
1. A Front Desk Provision
At an inn or hotel,when the people in the room next door begin to make too much noise, one can
simply call the front desk and staff will address the noise situation. Because vacation rentals are
not operated by on-site management, there is no one for a neighbor to call when a vacation rental
turns noisy. The renters are, by definition, transient. There is no house phone to call. The options
are (1) bang on the front door, (2) call the police or (3) do nothing. It's a frustrating experience for
our residents.
PSNIC has repeatedly asked that the draft ordinance include a"front desk"provision, but there is
none. Specifically, PSNIC would like to see the following language included in the ordinance:
Draft Vacation Rental Ordinance
PSNIC Code Enforcement Committee Comments
May 19,2008
Page 3 of 4
"At least once a year, Owners shall make a good faith effort to notify all abutting property owners
of the name and telephone number for the Local Contact Person for the Vacation Rental."
This would provide a tool to neighbors—a"front desk" to call in the case of a problem. It is
PSNIC's hope that a call to the Local Contact Person will prevent many calls From ever needing to
be made to the Police, will avoid Police having to bang on the doors of our tourists and that it will
quickly solve problems for our neighbors. It's a simple rule that may prove to solve many, many
problems.
The City manager has expressed a concern that such a provision may be hard to enforce. We,
however, view the "front desk" provision akin to the State's seat-belt law. It's not primarily
enforced. Some Owners may ignore the rule, but many others will comply and that will help many
neighbors. And if the City needs to enforce against an Owner for other violations, a violation of
the notification provision will simply be an added violation to include in the charges. Finally, by
having a"good faith" standard of compliance, an Owner would not be penalized by accidentally
failing to notify a neighbor so long as efforts were made.
2. One-Hour Response Time
The draft ordinance requires only that a Vacation Rental Owner identify a Local Contact Person
who can respond to a problem at the Vacation Rental in a `timely" manner. See Draft Code
Section 5.25.070(c) [Page 5 ofthe Draft Ordinance.] PSNIC has always requested that the
ordinance require a one-hour response time. This standard was taken from a Tahoe short-term
rental ordinance.
And it makes sense. We want local, fast response to problems. if an Owner lives in San Diego, it
is not reasonable for that Owner to be identified as the Local Contact Person. Even though it is
often possible to drive from San Diego to Palm Springs in 2.5-3 hours, sometimes it take much
longer. PSNIC would like the ordinance to be clear that someone local must be identified as the
person responsible to respond to problems and a one-hour response standard will help ensure that
happens.
3. inside Garbage Collection
Finally,PSNIC is concerned about garbage left out for long periods of time after vacation renters
leave. Currently, the draft ordinance sets forth rules about when and how garbage shall be put out
on the street for pick-up. See Draft Code Section 5.25.070(h) [Pages 5-6 of the Draft Ordinance.]
PSNIC believes the ordinance should be changed to require an Owner of a Vacation Rental to
subscribe to "Estate Service" for waste pick-up from Palm Springs Waste Disposal. Estate Service
is twice-weekly wall:-in collection, with no can limits.
PSNIC has had many complaints about garbage practices at Vacation Rentals. Waste is put out a
week early, sits at the end of the street, blowing throughout the neighborhood. Plus,two-can per
Draft Vacation Rental Ordinance
PSNTC Code Enforcement Committee Comments
May 19,2008
Page 4 of 4
home walk-in service offered by PSWD is not sufficient for Vacation Rentals which cannot control
or predict the amount of waste their tenants will produce.
4. Neighborhood Pamphlet and Evaluation
PSNIC's final two suggestions need not be included in the ordinance but we would request the
Council ask City StafFto address these matters when an ordinance is enacted.
a. User-Friendly Pamphlet
PSNIC has always believed that when a vacation rental ordinance is enacted,the City should
create a user-friendly pamphlet to offer to an Owner who seeks to offer his or her home as a
Vacation Rental. The ordinance has a number of requirements as well as penalties. At many
points,the ordinance incorporates by reference other parts of the Municipal Code. PSNIC believes
it would be very helpful to Owners to have a pamphlet in plain English explaining what is
required. This, in turn, will help ensure the rules are followed, which is important. The rules, alter
all, are designed to help ensure the health, safety and welfare our neighborhoods.
b. Evaluation of Success
PSNIC suggests the City devise a method of studying the impact of this ordnance once it is
enacted. Will it reduce vacation rental problems and provide tools to resolve problems quickly and
efficiently? A study of the ordinance's impacts will be needed to determine if the rules need to be
changed or altered.
In closing,PSNIC wishes to thank the Council for considering vacation rental issues,to the
vacation rental industry, the City Manager and City Attorney for helping to craft a workable draft
ordinance. This is a major concern for our neighbors in Palm Springs and we believe, with a few
changes, it will make a major impact in the quality of everyday life in Palm Springs.
Sincerely,
Bob Mahlowitr_`
On behalf of the
Code Enforcement Committee,
Palm Springs Neighborhood Involvement Committee
CITY OF PALM SPRINGS
May 19,2008
A few requests have been made to see information on collection activity on the vacation rental portion of TOT
(Transient Occupancy Taxes). The first three columns for each fiscal year below shows the amounts collected
from rental agencies,from individual homes,and all vacation rentals together. These amounts are imbedded in
the Total TOT Collected columns.
Increased collection efforts on vacation rentals that began last year have been very successful. 692 possible
new properties have been identified and new business licenses and/or permits have been issued or requested on
276 properties- In 2006-2007$110,000 was collected for these new properties and through March 2008 another
$103,000 has already been collected for 2007-2008. The next three months sbould also produce some very
strong results.
Fiscal Year 2006-2007 Fiscal Year 2007-2008
Rental Individual All Vacation Total TOT Vacation Individual All Vacation Total TOT
Month Agencies _ Homes Rentals Collected Rentals Homes Rentals Collected
July $64,592 $638 $85,230 $736,133 $84,263 $5,344 $89,607 $693,328
August 52,796 0 52,796 664,111 87,077 5,142 92,219 799,328
September 7T993 1,810 79,803 905,775 76,896 5,087 81,984 840,200
October 87,716 1,122 86,837 1,116,257 67,352 7,392 74,744 1,142,582
November 110,863 2,849 113,711 1,350,649 120,067 11,428 131,496 1,344,109
December 102,806 3,960 106,766 970,156 115,883 11,659 127,543 997,386
January 120,150 5,952 126,102 1,309,547 123,076 10,180 133,256 1,326,979
February 133,209 10,922 144,131 1,454,848 127,090 14,237 141,327 1,622,198
March 193,751 21,852 215,604 1,989,802 225,869 29,089 254,957 2,062,000
Thru March $963,876 $49,105 $1,012,980 $10,497,284 $1,027,574 $99,558 $1,127,133 $10,828,11D
ApM 244,2,21 23,652 267,873 1,855,057 0 0 0 0
May 122,611 12,550 135,161 1,227,236 0 0 0 0
June 92,650 3,908 96,558 941,825 0 0 0 0
TOTAL $1,423,358 $89,215 $1,512,573 $14,521,402 $1,027,574 $99,558 $1,127,133 $TO,828,110
Last year's report produced by the Vacation Rental Managers of Palm Springs showed total TOT collections
of$1,688,493 for 2006-2007. That was an error and the correct total was$1,512,573,or$248,039 less.
Note: Amounts for current month activity are subject to change when the final reports are received.
Geoffrey S.Kiehl
Director of Finance and Treasurer
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DATE: May 21, 2008 PUBLIC MEETING
SUBJECT: CONSIDERATION OF A DRAFT VACATION RENTAL ORDINANCE AND
PROVIDE DIRECTION TO STAFF
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
An ordinance regulating vacation rental units in the City has been submitted to the City
Council for consideration. The draft ordinance 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. Accept public comment.
2. Review and consider the proposed ordinance regulating vacation rental
units, and provide direction to staff as the City Council deems appropriate
including, without limitation, modifications to the proposed ordinance or
directions regarding any alternative approaches the Council may wish staff
to consider.
STAFF ANALYSIS:
The City Manager and city staff have met with and worked with various "stakeholders",
including representatives from the rental agencies and ON[ as well as other interested
residents, over the last several months in developing 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.
The proposed ordinance reflects staffs attempt to balance all of the concerns of the
stakeholders and create an approach that reasonably regulates vacation rentals,
ITEM NO.3 4
City Council Staff Report
May 21, 2008
Vacation Rental Ordinance
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.
B. Outline of Proposed Ordinance
The draft ordinance recognizes that each vacation rental unit be registered with the City.
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 be 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, it 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%).
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 promptly 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.
City Council Staff Report
May 21, 2008
Vacation Rental Ordinance
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).
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.
10. The Owner is required to comply with all provisions of Chapter 324 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
City Council Staff Report
May 21, 2008
Vacation Rental Ordinance
Manager has the authority to suspend or revoke the Vacation Rental Registration
Certificate.
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, Gity Attorney`
David H. Ready, Ci ger
Attachment: Draft Ordinance
ORDINANCE NO. _ (05.152008)
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-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
5.25.040 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 Amnesty Period
5.25.110 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.
5752G9 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.
"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 promptly 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 Chapter.
"Owner" means the person(s) or entity(ies)that hold(s) legal and/or equitable title to
a Vacation Rental.
"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.
575269 1
ORDINANCE NO.
Page 3
"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, other than 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 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 Ownerwill 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:
(1) The name, address, and telephone number of the Owner of the unit for
which the permit is to be issued.
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(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 number of bedrooms and the applicable overnight and daytime
occupancy limit of the unit.
(5) 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.
(6) Evidence of a valid transient occupancy registration certificate issued by the
City for the Vacation Rental unit.
(7) Acknowledgement of receipt and inspection of a copy of all regulations
pertaining to the operation of a Vacation Rental.
(8) 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) 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 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.
5.25.070 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.
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(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 plus an amount that will not exceed two persons per bedroom within each
Vacation Rental unit . The Owner shall also limit the 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.
(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 promptly 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.
(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 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.
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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).
(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 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.
(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) 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.
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(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
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.
(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 less than fifteen (15) calendar days from the date the pre-citation notice is
given if, due to the nature of the violation, a shorter compliance period is necessary, 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.
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5.25.100 Amnesty Period.
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 324,
if an application for the certificate is filed no later than sixty (60) days after the effective
date of this Chapter.
5.25.110 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. 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 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.
STEVE POUGNET, MAYORATTEST:
James Thompson, City Clerk
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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
552l9 I