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HomeMy WebLinkAboutCITY COUNCIL DOCS INTERIM URGENCY ORDINANCE NO. 1333 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS ONLY IN R-1 AND R-2 ZONES FOR UPTO AN ADDITIONAL YEAR CASE NO: ZOA 16-364 WHEREAS, the Palm Desert Municipal Code permits short-term residential rentals subject to the requirements of Palm Desert Municipal Code Chapter 5.10, which includes a requirement for a short-term rental permit, as well as operational requirements and standards; and WHEREAS, in recent years, steadily increasing short-term rentals within the City have generated significant public nuisance complaints associated with properties used as short-term residential rentals, particularly in the R-1 and R-2 zones, notwithstanding that the City has maintained a rigorous short-term-rental enforcement program ; and WHEREAS, other communities in the Coachella Valley have experienced significant public nuisance complaints as the density and frequency of short term rentals has grown and have recently taken actions to ban or curtail short term rentals; and WHEREAS, based on the concern that the density and frequency of short-term rentals in Palm Desert would increase in response to limitations imposed elsewhere, which might result in unwanted changes in the character of residential neighborhoods within the City, on January 12, 2017, the City Council adopted Interim Urgency Ordinance No. 1316 finding that issuing additional short-term rental permits, prior to the City's completion of a study of the potential impact of such short-term residential rentals, would pose a current and immediate threat to the public health, safety, and welfare, and imposing a 45-day temporary moratorium on the issuance of such permits; and WHEREAS, on February 23, 2017, the City Council extended the moratorium an additional 10 months and 15 days (until January 10, 2018) to allow the City to complete studies regarding short-term rentals and prepare proposed updates to the City's Municipal Code. WHEREAS, the City studied the issues related to short-term rentals, and prepared and submitted a report describing the measurers taken to date to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 1316, . and WHEREAS, at successive meetings on October 26, November 16 and December 14, 2017, the city council heard public testimony and considered changes to the Municipal Code to address impacts on residential neighborhoods; INTERIM URGENCY ORDINANCE NO. 1333 WHEREAS, on December 14, 2017, the City Council adopted Ordinance No.1332, which, when effective on January 13, 2018, provides for increased enforcement and eliminates certain new short term rental permits in R-1 and R-2 zones and eliminates certain existing short term rentals as of December 31, 2019, subject to extensions in specified circumstances; WHEREAS, the current moratorium will expire January 10, 2018, before Ordinance No. 1332 will become effective; and WHEREAS, Government Code Section 65858(a) allows the City Council to extend an interim moratorium ordinance based on immediate threats to public health, safety, and welfare; and WHEREAS, as a result, the City Council desires to extend the current moratorium until such time as successor Ordinance becomes effective that regulates short term rentals in R-1 and R-2 zones, for a period not to exceed on year. This moratorium extension will only apply to the issuance of new short term rental permits in the R-1 and R-2 zones. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: .., SECTION 1. Extension of Moratorium and Findings. A. In accordance with the authority granted to the City of Palm Desert under Government Code Section 65858, from and after the date of this Ordinance, no new short-term rental permits shall be approved or issued for a short-term residential rental only in R-1 and R-2 zones until such time as a successor Ordinance becomes effective that regulates short term rentals in R-1 and R-2 zones, for a period not to exceed one year, except as provided below: (1) annual renewals of existing permits shall be permitted under Section 5.10.050(B); B. This Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Palm Desert by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are: (1) as density and frequency of short-term rentals have grown, neighboring cities in the Coachella Valley have received an increasing number of public nuisance complaints emanating from those short-term residential rentals and have recently taken actions to ban or limit short-term rentals; 2 C\Users\gsanchez\AppData\locaMAicrosoNlWindows\Temporary Internet Files\Content 0utlook\5C0ZBF5Wnterim Urgency Ordnance re Short-Term Rentals Second Extension doc INTERIM URGENCY ORDINANCE NO. 1333 (2) excessive density and frequency of short-term rentals threaten the character of existing residential neighborhoods, particularly in R-1 and R-2 zones; (3) the density and frequency of short-term rentals within the City has gradually grown over the last several years; recent limits placed elsewhere in the Coachella Valley may cause a significant increase in applications for short-term rental permits in the City; (4) the City needs more time to implement the necessary regulatory requirements to ensure that short-term rentals do fundamentally alter the character of existing residential neighborhoods. C. This moratorium shall not apply to existing short-term rental permits. D. The City finds and declares that this moratorium is a reasonable and necessary measure designed to protect the important public purpose of the preservation of the public health, safety, and welfare. SECTION 2. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. SECTION 3. Severability. If any sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each sentence, clause, or phrase thereof, irrespective of the fact that any one or more sentence, clause, or phrase be declared unconstitutional. SECTION 4. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at a least four-fifths (4/5) vote of the City Council and shall be in effect until a successor Ordinance becomes effective that regulates short term rentals in R-1 and R-2 zones, but not longer than January 10, 2019. SECTION 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Palm Desert. 3 C\Users\gsanchez\AppData\local\MicrosoFl\Wndows\Temporary Internal Files%Ccntent Outlook\5C0ZBF5VVn1erim Urgency Ordinance re Short-Term Rentals Second Extension doc INTERIM URGENCY ORDINANCE NO. 1333 PASSED, APPROVED and ADOPTED this 14thday of December, 2017, by the City Council of the City of Palm Desert, California, by the following vote, to wit.. AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE i SABB �A HA , MAYOR ATTEST: GRAItE L. ROCHA, ACTING CITY CLERK CITY OF PALM D SERT, CALIFORNIA /3-M' C31&i7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )SS. CITY OF PALM DESERT ) one CERTIFICATION FOR INTERIM URGENCY ORDINANCE NO. 1333 I, Grace L. Rocha, Acting City Clerk for the City of Palm Desert, California, DO HEREBY CERTIFY that Interim Urgency Ordinance No. 1333, the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the 14th day of December 2017, and said Ordinance was passed and adopted by the following stated vote, to wit: AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE and was thereafter on said day signed by the Mayor of the City of Palm Desert. ATTEST: APPROV AS TO FORM: GRACE L. ROCHA, ACTING CITY CLERIC O T H GREAVES CITY OF PALM DESERT, CALIFORNIA ITY ATT NEY 7 4 C\Users\gsanchez'AppDala\Local\Miaosott\Windows\Temporary Internet FFles\Content Outlook15COZIRF5Wnterlm Urgency Ordinance re Short-Tenn Rentals Second Extension doc The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: C city of Palm Desert County of Riverside t1Cf 19 Z017 Advertiser: CITY OF PALM DESERT r n 73510 FRED WARING DR 0 PALM DESERT CA 92260 CommunityDevelopn1ent 00 07c< "C V(Prn Order# 0002471121 = -4 Q C3 O 'C.) I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Newspaper: The Desert Sun 10/14/2017 ' � NO 1440: CITY OF PALM DESERT LEGAL NOTICE I acknowledge that I am a principal clerk of the NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL FOR printer of The Desert Sun, Anted and CONSIDERATION TO APPROVE ONE OF THE RECOMMENDATIONS REGARDING P P THE PROPOSED AMENDMENTS TO CHAPTER 5.10 SHORT-TERM RENTALS FOR published week) In the City of Palm Springs, ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND DENSITY P Y YREQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT County of Riverside, State of California. The Project Location:city-Wide Desert Sun was adjudicated a Newspaper of Recommendation:Staff is recommending that the City Council approves the general circulation on March 24, 1988 by the above request. The City has begun studying the issues related to sho ulato rentals and formed a subcommittee group to determine the necessary Peg Superior Court of the County of Riverside, ry requirements for short-term rentals. State of California Case No. 191236. Public Hearin The public hearing will be held before the City Council on Octo- ber 26,2017 at 4:00 m. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the s from October earliest possible date.The public comment period on this project Public Review: action in court,mutt,written comments raised may behlem City Council. If an egroup es I declare under penalty of perjury that the challenges the P Y P rY raised at the public hearing described in this notice or in written those ho correspond- ence - foregoing is true and correct. Executed On ence at,or prior to,the City Council hearing.All comments and any questions should be directed to: this 14th day of O BER, 2017 In Palm Kevin Swartz,Associate Planner Springs, CaIlfOrnl 73-510 Fred Waring Drive Palm Desert,CA 92260 (760)346-0611 kswa rtz®cityof pa I m desert.o rg Rachelle Klassen,City Clerk Published:10/14/2017 Palm Desert City Council i ,„ , , a. Declarant -- r ' ,s a� t... l ." w }.. M�. ��� 4 � �;� {:. , INTERIM URGENCY ORDINANCE NO. 1318 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS CASE NO: ZOA 16-364 WHEREAS, the Palm Desert Municipal Code permits short-term residential rentals subject to the requirements of Palm Desert Municipal Code Chapter 5.10, which includes a requirement for a short-term rental permit, as well as operational requirements and standards; and WHEREAS, in recent years, notwithstanding steadily increasing short-term rentals, the City has not experienced significant public nuisance complaints associated with properties used as short-term residential rentals, because the City has maintained a rigorous short-term-rental enforcement program ; and WHEREAS, other communities in the Coachella Valley have experienced significant public nuisance complaints as the density and frequency of short term rentals has grown and have recently taken actions to ban or curtail short term rentals; and WHEREAS, there is concern that the density and frequency of short-term rentals in Palm Desert will increase in response to limitations imposed elsewhere, which may result in unwanted changes in the character of residential neighborhoods within the City; and WHEREAS, based on the foregoing, on January 12, 2017, the City Council adopted Interim Urgency Ordinance No. 1316 finding that issuing additional short-term rental permits, prior to the City's completion of a study of the potential impact of such short-term residential rentals, would pose a current and immediate threat to the public health, safety, and welfare, and imposing a 45-day temporary moratorium on the issuance of such permits; and WHEREAS, the City has begun studying the issues related to short-term rentals, has prepared and submitted a report describing the measurers taken to date to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 1316, but has not yet finished its study and evaluation: and WHEREAS, Government Code Section 65858(a) allows the City Council to extend an interim moratorium ordinance based on immediate threats to public health, safety, and welfare: and INTERIM URGENCY ORDINANCE NO. 1318 WHEREAS, as a result, the City Council desires to extend the current moratorium by an additional 10 months and 15 days to allow the City to complete studies regarding short-term rentals and prepare proposed updates to the City's Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Extension of Moratorium and Findings. A. In accordance with the authority granted to the City of Palm Desert under Government Code Section 65858, from and after the date of this Ordinance, no new short-term rental permits shall be approved or issued for a short-term residential rental for an additional period of 10 months and 15 days, except as provided below.- (1) annual renewals of existing permits shall be permitted under Section 5.10.050(B)-1 (2) new short-term rental permits shall be issued only to operators or potential operators who submitted to the City by February 10, 2017, clear and convincing evidence that: (a) the residential dwelling has been used as a short-term rental on a substantial basis within the last year; and/or (b) the operator has made substantial investment in expectation of operating a short-term rental at the residential dwelling for which the permit is sought. B. Permits considered pursuant to Section 1(A)(2) above shall be issued only if the applicant (1) pays any fines and/or transient occupancy taxes owing for any operation of a short-term rental without a short-term rental permit; and (2) certifies that the operation of a short-term rental in the residential dwelling will not be in violation of any covenants, conditions, and restrictions or other restrictions governing the use of the property and that any homeowners' association to which the property belongs has been notified of the application for a short-term rental permit. C. The City Manager or her designee shall evaluate evidence submitted by an applicant for a short-term rental permit pursuant to the exceptions listed above. The City Manager or her designee shall ask for any additional information deemed appropriate and shall render a final decision as to the issuance of the permit. There shall be no appeal. D. This Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Palm Desert by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are 2 72 i00 003901.29539721 1 DRAP r 2 2:17 Y INTERIM URGENCY ORDINANCE NO. 1318 (1) as density and frequency of short-term rentals have grown, neighboring cities in the Coachella Valley have received an increasing number of public nuisance complaints emanating from those short-term residential rentals and have recently taken actions to ban or limit short-term rentals; (2) excessive density and frequency of short-term rentals may threaten the character of existing residential neighborhoods; (3) the density and frequency of short-term rentals within the City has gradually grown over the last several years; recent limits placed elsewhere in the Coachella Valley may cause a significant increase in applications for short-term rental permits in the City; (4) the City needs more time to conduct an in depth study of short-term rentals to determine the necessary regulatory requirements to ensure that short-term rentals do fundamentally alter the character of existing residential neighborhoods. E. This moratorium shall not apply to existing short-term rental permits. F. The City finds and declares that this moratorium is a reasonable and necessary measure designed to protect the important public purpose of the preservation of the public health, safety, and welfare. SECTION 2. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. SECTION 3. Severability. If any sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each sentence, clause, or phrase thereof, irrespective of the fact that any one or more sentence, clause, or phrase be declared unconstitutional. SECTION 4. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at a least four-fifths (4/5) vote of the City Council and shall be in effect for 10 months and 15 days from the date of adoption unless extended by the City Council as provided for in the Government Code. 3 '72,00 0o'S96 2Qi."1)'2 i i 1)KA1 1 2.2 17 INTERIM URGENCY ORDINANCE NO. 1318 SECTION 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Palm Desert. PASSED, APPROVED and ADOPTED this 23rd day of February, 2017, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: JONATHAN, BELLY, WEBER, and HARNIK NOES: NESTANDE ABSENT: NONE ABSTAIN: NONE JAN C. HARNIK, MAYOR ATTEST: RA HELLE D- K SEN, ITY CLERK CITY OF PALM DESERT, CALIFORN 4 72>I1D 008W,29539721 1 1)RAFT 2:2:17 INTERIM URGENCY ORDINANCE NO. 1318 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF PALM DESERT ) CERTIFICATION FOR INTERIM URGENCY ORDINANCE NO. 1318 I, Rachelle D. Klassen, City Clerk for the City of Palm Desert, California, DO HEREBY CERTIFY that Interim Urgency Ordinance No. 1318 , the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the 23rd day of February 2017, and said Ordinance was passed and adopted by the following stated vote, to wit: AYES- JONATHAN, KELLY, WEBER, and HARNIK NOES: NESTANDF ABSENT: NONE ABSTAIN: NONE and was thereafter on said day signed by the Mayor of the City of Palm Desert, ATTEST: APPROVED AS TO FORM: RA ELLE D. K SS , CITY CLERK T AVES CITY OF PALM DESERT, CALIFORNIA TY ATT NEY --7 72500 00896 29i39721 t DRAPT 2 2'17 INTERIM URGENCY ORDINANCE NO. 1318 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION TO APPROVE AN INTERIM URGENCY ORDINANCE MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT- TERM RENTAL PERMITS CITY-WIDE FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS SUBMITTED: Ryan Stendell, Director of Community Development APPLICANT: City of Palm Desert CASE NO: Urgency Ordinance and ZOA 16-364 DATE: February 23, 2017 CONTENTS: Draft Interim Urgency Ordinance No. 1318 Existing Short-Term Rentals Map Legal Notice Recommendation Waive further reading and adopt Interim Urgency Ordinance No. 1318 extending the temporary moratorium on the issuance of Short-Term Rental Permits (STR) for an additional 10 months and 15 days. Executive Summary Approval of staff's recommendation will approve an interim urgency ordinance, which will extend the existing 45-day moratorium for an additional 10 and a half months on issuing new STR permits. The moratorium will still allow existing permitted short-term rental properties to continue to operate, and allow for the City Manager to grant new permits if certain criteria are met. The Council-appointed two member subcommittee has met with City staff. The recommended stakeholder task force will begin meeting in March to review and create any proposed updates to the City's Municipal Code. Staff Report Urgency Ordinance ZOA 16-364: Short-Term Rentals Page 2 of 3 February 23, 2017 Background On January 12, 2017, the City Council approved a 45-day interim urgency ordinance on issuing new STR permits within the City of Palm Desert. The moratorium allowed existing permitted short-term rental properties to continue operating. In addition, the moratorium contains provisions for issuing a new permit if an owner meets certain criteria and pays any back Transient Occupancy Taxes (TOT) for the period of unlicensed operations. At that Council meeting, the City Council selected two members to join a Short-Term Rental Subcommittee (Councilmembers Kelly and Nestande). On February 2, 2017, City staff met with the subcommittee and discussed the formation of a 19-member stakeholder task force consisting of the following: • Rental Companies/Property Managers — Two members • HOA Presidents/Members — Two members • Homeowners within an HOA —Two members • Homeowners not within an HOA—Three members • Hotel Industry—Two members • Realtors —Two members • City representatives — Six members from Planning, Code Compliance, Finance and the City Manager's office. The first task force meeting is scheduled for March 2, 2017. Staff's goal is to balance the expedience of this process with hearing all parties' concerns prior to making a recommendation back to all of the City Council members. AnalVsis Staff is requesting that the City Council authorize an additional 10 and a half months to review and host a series of public meetings. Government Code Section 65858, allows the Council to extend an initial 45-day moratorium for a cumulative one-year period through a public hearing and approval by a four-fifths (4/5) vote. Staff believes that taking this period to assess the current regulations on STRs is time well spent, and is recommending approval of the attached Interim Urgency Ordinance. Environmental The proposed ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c) (2). Additional information may be found in Section 2 of the attached Draft Interim Urgency Ordinance. Staff Report Urgency Ordinance ZOA 16-364: Short-Term Rentals Page 3 of 3 February 23, 2017 Fiscal Impact The City will continue to receive Transient Occupancy Taxes on the existing permits within the City, and will evaluate the fiscal impact of any proposed modifications prior to bringing this item back to the City Council. Submitted By: Ryan Stendell, Director of Community Development Rev' wed: Robe argrea e , City A orney Approval: uri Aylaian, City Manager CITY COUNCIL�MON APPROVED DENIED ECEIVED OTHER ME I A AYES: 1 r NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City k's Office R ORDINANCE NO. 1316 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS SUBMITTED: Ryan Stendell, Director of Community Development APPLICANT: City of Palm Desert CASE NO: Urgency Ordinance and ZOA 16-364 DATE: January 12, 2017 CONTENTS: Draft Interim Urgency Ordinance No. 1316 Existing Short-Term Rentals Map Palm Desert Municipal Code Chapter 5.10 (Short-Term Rentals) Recommendation 1. Waive further reading and adopt Interim Urgency Ordinance No. 1316 establishing a temporary moratorium on the issuance of Short-Term Rental Permits; and 2. By Minute Motion appoint two City Councilmembers to serve on a Short- Term Rental Review Committee. Executive Summary Approval of staffs recommendation will approve an interim urgency ordinance, which will place a 45-day stay on issuing new Short-Term Rental (STR) permits within the City of Palm Desert. The moratorium allows existing permitted short-term rental properties to continue operating and contains provisions for issuing a new permit if an owner meets certain criteria and pays any back Transient Occupancy Taxes (TOT) for the period of unlicensed operations. Background Property owners are legally required to obtain a permit from the City to utilize their property as a STR (P.D.M.C. 5.10, Copy Attached). There are many required steps, including providing a 24-hour contact and acknowledging receipt of the "Good Neighbor Brochure" prior to renting a residence. There are approximately 1,200 permitted STR units currently operating in the city. Staff has attached a map indicating where the highest concentration of STRs are located. Staff Report Urgency Ordinance ZOA 16-364: Short-Term Rentals Page 2 of 3 January 12, 2017 The City's Code Compliance Division is tasked with managing the requirements of the license, and is doing a fine job managing the current permitees. Of the 1,200 licensed units, very few generate a volume of complaints, with the peak generally in the month of April (Coachella & Stagecoach). Generally, staff has been able to successfully work with property owners to gain compliance. Discussion/Analysis Because of recent STR regulatory activity in neighboring cities, Staff is concerned about the impacts of STRs, and is recommending approval of a temporary moratorium to review current practices. Staff is also requesting that the City Council appoint two members to participate in a STR Review Committee, which will be responsible for reviewing and recommending any proposed modifications to the existing ordinance. Many staff members have been monitoring STR issues on a state and local level for some time now. What began as a very incidental use in residential neighborhoods has become a trend, which under certain circumstances can have a negative impact on the welfare of the community. Below are a few of the areas of concern as of the writing of this report: 1. General Uptick in Permit Issuance: STRs have become a popular way for owners to convert single-family homes into significant revenue generators. This is leading to more STR permits being issued, which could have a negative impact on residential neighborhoods. With other local jurisdictions taking action related to STRs, staff is concerned that STR investors might look towards other valley cities in the future. 2. Public Nuisance Issues: Nuisance issues include noise complaints, habitual party houses, trash and debris, and other good neighbor issues which can be problematic with STR uses. 3. Density/Distancing: Staff sees this as a key issue related to STRs, and believe it warrants careful consideration. An equitable solution in this category will go a long way to alleviating complaints, as many STR issues revolve around too many units in centralized locations. Staffs approach in reviewing STRs is to first recognize that the City does a good job managing the 1,200 existing units, with very few complaints. Secondly, what steps should the City take (if any) to reasonably balance the needs of residentially zoned neighborhoods and the STR industry? Staff is hopeful to review and report back to the City Council for direction during the initial 45-day moratorium period. Environmental The ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c) (2). Additional information may be found in Section 2 of the attached Draft Interim Urgency Ordinance. Staff Report Urgency Ordinance ZOA 16-364: Short-Term Rentals Page 3 of 3 January 12, 2017 Fiscal Impact Staff does not believe there is any direct fiscal impact related to approving a temporary moratorium to study the impacts of Short-Term Rentals. Submitted By: CITY COUNCIL ACTION ' DENTED Ryan Stendell, Director of Community DeveloptEIVED OTHER ` R viewed: MEE I AT �l r AYES: NOES: ` ABSENT: Ro rt W. Harg a es, Ci Attorney VERIFIED BY: Original on File with City CI"r 's Ofllee * Approved the recommendations, appinting Approval: Councilmembers Kelly and Nestande to the subcommittee, 4-0 Lauri Aylaian, City Manager r INTERIM URGENCY ORDINANCE NO. 1316 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS - CASE No. 16-364 WHEREAS, the Palm Desert Municipal Code permits short-term residential rentals subject to the requirements of Palm Desert Municipal Code Chapter 5.10, which includes a requirement for a short-term rental permit, as well as operational requirements and standards; and WHEREAS, in recent years, notwithstanding steadily increasing short-term rentals, the City has not experienced significant public nuisance complaints associated with properties used as short-term residential rentals because the City has maintained a rigorous short-term-rental enforcement program; and WHEREAS, other Coachella Valley communities have experienced significant public nuisance complaints as the density and frequency of short-term rentals has grown, and have recently taken actions to ban or curtail short-term rentals; and WHEREAS, there is concern that the density and frequency of short-term rentals f in Palm Desert will increase in response to limitations imposed elsewhere, which may result in unwanted changes in the character of residential neighborhoods within the l City; and WHEREAS, based on the foregoing, the City Council finds that issuing additional short-term rental permits prior to the City's study and evaluation of the potential impacts of such short-term residential rentals would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits is thus necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Imposition of Moratorium and Findings. A. In accordance with the authority granted to the City of Palm Desert under Government Code Section 65858, from and after the date of this Ordinance, no new short-term rental permit shall be approved or issued for a short-term residential rental for a period of forty-five (45) days, except as provided below: (1) annual renewals of existing permits shall be permitted under Section 5.10.050(B); (2) new short-term rental permits shall be issued only to operators or potential operators who submit to the City by February 10, 2017, clear and convincing evidence that: (a) the residential dwelling has been used as a short-term rental on a substantial basis within the last year; and/or (b) the operator has made substantial w INTERIM URGENCY OF IANCE NO. 1316 investment in expectation of operating a short-term rental at the residential dwelling for which the permit is sought; and (c) operation as a short-term rental will not be in violation of any CCRs or other valid restrictions governing the use of the property. B. No new permits shall be issued pursuant to the exceptions listed above unless the applicant (1) pays any fines and/or transient occupancy taxes owing for any operation of a short-term rental without a short-term rental permit; and (2) certifies that the operation of a short-term rental in the residential dwelling will not be in violation of any CCRs or other valid restrictions governing the use of the property and that any Home Owners Association (HOA) to which the property belongs has been notified of the application for a short-term rental permit, a copy of which notification shall be included with the application. C. The City Manager or her designee shall evaluate evidence submitted by an applicant for a short-term rental permit pursuant to the exceptions listed above. The City Manager or City Manager's designee shall ask for any additional information deemed appropriate and shall render a final decision as to the issuance of the permit. There shall be no appeal. D. This Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Palm Desert by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are: (1) as the density and frequency of short-term rentals have grown, neighboring Coachella Valley cities have received an increasing number of public nuisance complaints emanating from short-term residential rentals and have recently taken actions to ban or limit such rentals; (2) excessive density and frequency of short-term rentals may threaten the character of existing residential neighborhoods; (3) the density and frequency of short-term rentals within the City has gradually grown over the last several years; recent limits placed elsewhere in the Coachella Valley may cause a significant increase in applications for short-term rental permits in the City; (4) the City needs time to study and evaluate the potential impacts of short-term rentals to determine the necessary regulatory requirements to ensure that short-term rentals do not fundamentally alter the character of existing residential neighborhoods. E. This moratorium shall not apply to existing short-term rental permits. 2 72500.0001 1\29449365.1 12/21/16 r INTERIM URGENCY , INANCE NO. 1316 F. The City finds and declares that this moratorium is a reasonable and necessary measure designed to protect the important public purpose of the preservation of the public health, safety, and welfare. SECTION 2. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. SECTION 3. Severability. If any sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each sentence, clause, or phrase thereof, irrespective of the fact that any one or more sentence, clause, or phrase be declared unconstitutional. SECTION 4. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at a least four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the - City Council as provided for in the Government Code. SECTION 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Palm Desert. SECTION 6. Report. City staff is instructed to prepare the report required by Government Code Section 65858 (d) describing the measures taken to alleviate the condition that led to this Ordinance's adoption for presentation to the City Council no later than ten days prior to the expiration of this Ordinance. i 3 72500.00011\29449365.1 12/21/16 INTERIM URGENCY OR_ ___ANCE NO. 1316 ` PASSED, APPROVED and ADOPTED this 12th day of January 2017, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE JA, C. HARNIK, MAYOR ATTEST: R HE LE D. E , �F Y C ERK CITY OF PALM DESERT, CALIFORNIA 4 72500.0001 1\29449365.1 12/21/16 INTERIM URGENCY )INANCE NO. 1316 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) CERTIFICATION FOR INTERIM URGENCY ORDINANCE NO. 1316 I, Rachelle D. Klassen, City Clerk for the City of Palm Desert, California, DO HEREBY CERTIFY that Interim Urgency Ordinance No. 1316, the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the 12th day of January 2017, and said Ordinance was passed and adopted by the following stated vote, to wit: AYES: KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE and was thereafter on said day signed by the Mayor of the City of Palm Desert. ATTEST: APPROVED A;§'TO FORM: RA ELLE D. KLASSEN, ITY CLERK RO ,RT W. H RG VES CITY OF PALM DESERT, CALIFORNIA CITY, TTORN Y 5 72500.00011\29449365.1 12/21/16 0 CITY COUNCIL STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: November 14, 2019 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Receive and File a status update regarding short-term rentals within the City of Palm Desert. Recommendation By Minute Motion: 1. Receive and File a status update regarding short-term rentals (STRs) as directed by the City Council Background Analysis During calendar year 2017, the City had 1,228 licensed STRs, which were divided into four (4) residential zoning districts. Below is a chart showing the zoning districts, the total number of residential units within each district, the total number of STRs, and percentages for each district. 2017 STR Statistics Zoning Total Residential Percentage of Designation Units Total STR Permits STRs Planned Residential 24,010 840 3.5% PR Residential Single- 3,977 212 5.3% Family R1 Residential Mixed- 1,893 64 3.4% Family R2 Residential Multiple- 1,667 46 2.7% Family R3 On January 15, 2018, the new STR Ordinance, including City Council's new regulations took effect, as well as the plan for phasing out all existing permits in R1/R2 zones by December 31, 2019. On September 27, 2018, staff provided an update to the City Council consisting of permit statistics, enforcement efforts, a discussion of the non-gated residential neighborhoods zoned PR, operations, and hardship extension requests. November 14, 2019—City Council Staff Report Update regarding STRs Page 2 of 5 Discussion This update includes information from January 15, 2018, to present consisting of permit statistics, non-gated residential neighborhoods zoned PR, enforcement efforts, operations, and the STIR hardship extensions. Permit Statistics Prior to the 2018 STIR Ordinance update, the City had 1,228 STRs. Currently, the City has 1,139 STRs. The decline in STRs is due to homeowners selling their homes, or not renewing their permits within the R1 and R2 zones, and the City is working with homeowners' associations (HOAs) to not issue/renew permits where HOA does not allow rentals for less than 30 days. Below is a summary of permits issued: Existing STIR New On-Site Inactive Permits Total Existing R1/R2 Permits Owner (No longer renting, Number of Permits Set To (Pre- 2018) Permits sold home, etc.) Active STIR Sunset in 2020 R-1 and R-2 Permits 1,228 (276 were 40 (129) 1,139 218 zoned R1/R2 Non-gated Residential Neighborhoods Zoned PR At the direction of City Council, staff has been monitoring non-gated PR neighborhoods since some residents have expressed concerns. The main concern from the residents is that their neighborhoods should have the same standards as R1/R2 properties since they function the same. Below please find a description of each neighborhood and associated complaint history: • Shepherd Lane - The neighborhood is mostly off Shepherd Lane, north of Frank Sinatra Drive, west of Portola Avenue, and south of Gerald Ford Drive. 2018 —Three complaints 2019 — Five complaints • Hovley Lane West — This neighborhood is east of Monterey Avenue and west of Portola Avenue. 2018 —Zero Complaints 2019 —Zero Complaints • The Grove - This neighborhood is west of Deep Canyon Road, south of Fred Waring Drive, and north of Highway 111. 2018 —Zero Complaints 2019 — 30 Complaints. Letters have been received from all 30 residents G Tlann,ngWevin Swartz\Word%City OrdmanceslShort-Term RentalslStaH ReportsTC Staff Report Update STRs Nov 14.doox November 14, 2019—City Council Staff Report Update regarding STRs Page 3 of 5 • Lavender Way — This neighborhood is east of Deep Canyon Road, west of Palm Desert High School, north of Fred Waring Drive, and south of the Whitewater Storm Channel. 2018 —Two Complaints 2019 — Five Complaints Below is a chart showing the existing and new STRs within the four neighborhoods: Neighborhoods Existing STR New STR Total STR Permits Permits through Permits 2019 2018 Shepherd Lane 26 3 29 Hovley Lane West 21 2 23 The Grove 3 0 3 Lavender Way 5 1 6 Staff is closely monitoring these four neighborhoods. If there is a surge of new permits, staff will bring an action item back for the City Council's consideration to include these neighborhoods with similar standards as the R1 and R2 zones. Enforcement and penalties Enforcement and penalties were the largest topics of discussion during the 2017 year-long STR study. Many residents stated that the City needed to do a better job with enforcement. The City Council approved the following: • Stricter fines ($1,000, $3,000, and $5,000) for owners, renters, and management companies. • Stricter fines ($5,000) for an unlicensed STR. • Three (3) violations within a year results in loss of the permit. • Swing shift Code Compliance Officer on duty Thursday through Sunday from 4:00 p.m. to 1:00 a.m. The hours are being adjusted during the festival months and busy holiday weekends. • Professional services contract with STR Helper to manage a 24/7 hotline and identify non-permitted STR listings. From January 15, 2018, to present, the City has handled 432 total cases and issued 106 administrative citations. Most of the cases and citations were issued to property owners operating an unlicensed STR, while the others were noise and trash bin violations. G WlenninpU(evin SwertzMordtCity Ordinances%Short-Term RentaWStaH Reports\CC SIeN Report Update STRs Nov 14.docx November 14, 2019 —City Council Staff Report Update regarding STRs Page 4 of 5 Below is a matrix indicating fines issued from January 15, 2018, to present: Number of Dismissed/Suspended Amount of Amount of Notices of Citations by Hearing Officer Administrative Administrative Lien for Fines Issued Fines Failing to Collected Pa 106 36 $464,000 $145,168 20 Staff believes that the new ordinance, including stricter penalties, is yielding positive results. Staff continues to hear many positive outcomes from having the availability of a swing shift compliance officer, as well as the 24-hour hotline. While there are a few cases of alleged abuses of the STR ordinance, staff believes they are limited. On June 30, 2018, staff extended the contract for one additional year with STR Helper. Overall, staff is satisfied with the services provided by STR Helper. STR Helper provides staff a web-based software that scans internet listings for illegal activity. In several instances, data provided from STR Helper has aided Code Compliance Officers in finding illegal STR operators. Operational and Communication Requirements These two categories were created because many residents stated that the previous ordinance lacked the accountability of the owners, operators, and renters. Below is a summary of what was added to the new ordinance: Prior to occupancy of a STR unit, the operator must do the following: • Meet and greet the renter on-site and obtain his or her name, address, and a copy of a valid government-issued identification. • Provide the renter with a copy of the Good Neighbor Brochure, • Provide the renter with information about the STR regulations. • Require the renter to execute a formal acknowledgment in the form acceptable by the City that he or she is legally responsible for compliance of all occupants of the STR unit and their guests, with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR unit. Provide the Responsible Person with the Operator's 24-hour availability information. • Provide the renter with a copy of the maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. • Provide the Responsible Person with a copy of trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. • Include in the Good Neighbor Brochure that no music will be played outdoors after 10:00 P.M. To date, staff believes these new requirements are working for both operators and surrounding residents. As mentioned above, complaints have been lower since the new standards have been in place. G Tiannlnp\Kevin Swartz\Word\City Ordinanoe&\Short-Term Rental&\Stall Roport&\CC Ste Report Update STR&Nov 14.docx November 14, 2019—City Council Staff Report Update regarding STRs Page 5 of 5 STR Hardship Extension process At its meeting of May 10, 2018, the City Council adopted an STR Hardship Extension process for considering Hardship Extensions. The policy allows for the possibility of extending an STR permit in the R1/R2 zones if the owner has not reasonably recovered the investment in the property. Since the last update (September 27, 2018), staff has received eight Hardship Extension applications. To date, the City has granted four extensions, issued two denials, and two are in the reviewing stage. Below please find extension periods for the four properties listed above. • STR 2016-042322: Received an extension from December 31, 2019 to March 2022. • STR 2017-047231: Received an extension from December 31, 2019 to December 31, 2020. • STR 2016-043345: Received an extension from December 31, 2019 to December 31, 2021. • STR 2016-043877: Received an extension from December 31, 2019 to December 31, 2020. Fiscal Analysis: There is no Fiscal Analysis impact related to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER / And FijeneW. Ha reaves Ryan Stendell J t Moore yi r Director of Comm. Dev. Director of Finance Assista Manager City Manager Lauri A laian: APPLICANT: City of Palm Desert CITY COUNCIL ACTION APPROVED DENIED RECEIVED `� R �o OTHER MEETINr,DATE AYES: arniK��?ona�l�3nr.��L,�.Nes e,+ .hPr NOES: Nl�e ABSENT: NO►12 ABSTAIN; NC*ie- VERIFIED BY DIG S f Original on File with City Clerk's Office GAPlanningWevin Swart2\Word\City OrdinancesMort-Term Rentals\Staff Reports=Staff Report Update STRs Nov 14.docx CITY COUNCIL STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: September 27, 2018 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Receive and File a status update regarding short-term rentals within the City of Palm Desert, and direct staff to initiate clarifying language to the Palm Desert Municipal Code regarding imposition of fines. Recommendation By Minute Motion: 1. Receive and File a status update regarding short-term rentals (STRs) as directed by the City Council at its regular meeting of December 14, 2017. 2. Direct staff to prepare a Zoning Ordinance Amendment (ZOA) to Section 5.10,120 (E) of the Palm Desert Municipal Code (PDMC), removing language "up to" five-thousand dollars. 3. Provide any additional directives to staff related to STRs. Executive Summary Approval of staff's recommendation would provide a status update on STR use as directed by the City Council at its meeting of December 14, 2017. Additionally, staff is recommending one minor revision to the PDMC; removing the term "up to" five thousand dollars as it relates to fines for unpermitted STR use. If so directed by the City Council, staff would return at a later date with a formal ZOA. Background Analysis During the calendar year of 2017, the City had licensed 1,228 STRs, which were divided into four (4) residential zoning districts. Below is a chart showing the zoning districts, total number of residential units within each district, total number of STRs, and percentages for each district. Zoning Total Residential Total STR Permits Percentage of Designation Units STRs j P.R. 24,010 840 3.5% R-1 3,977 212 5.3% R-2 1,893 64 3.4% R-3 1,667 46 2.7% September 27, 2018— City Council Staff Report Update regarding STRs Page 2 of 5 During a year-long moratorium on issuance of new licenses, the City created a Committee that discussed extensively four (4) main topics; Enforcement/Penalties; Operational Requirements; Communication; and Density. The Committee met four(4) separate times with the last meeting held on July 6, 2018. After the last meeting, staff created amendments to the existing ordinance for City Council consideration. The City Council held three (3) separate public hearing meetings (October 26, November 16, and December 14, 2017). The City Council adopted an ordinance implementing new policy standards for STR operations. Part of the updated standards included not issuing any new STR permits in the R1/R2 zones and phasing out all existing permits in those zones by December 31, 2019. The ordinance as adopted included language (PDMC 5.10,070 C), which provides for permit renewals past the 2019 sunset date in individual cases if necessary to avoid unconstitutional takings. Discussion On January 15, 2018, the new STR Ordinance including City Council's new regulations took effect. An update was prepared by staff consisting of permit statistics, enforcement efforts, operations, and hardship extension requests: Permit Statistics Since implementation of the new STR ordinance, staff has issued approximately 230 new permits, largely in Planned Residential (PR) zoning districts. Below is a summary of permits issued: Existing STR New STR New On-Site Inactive Permits Total Permits Permits (2018) Owner Permits (no longer renting, Number of (Pre- 2018) (Non R1/R2) 2018 sold home, etc.) Active STR R-1 and R-2 Permits 1,228 204 30 (97) 1,365 Staff has tried to keep in close contact with the community related to STR operations, and is largely hearing positive reviews. One concern raised relates to a few neighborhoods with a PR zoning designation that are non-gated and operate similar to an R-1 district. The areas described above are as follows: • Shepherd Lane - The neighborhood is mostly off Shepherd Lane, north of Frank Sinatra Drive, west of Portola Avenue, and south of Gerald Ford Drive. • Hovley Lane West — This neighborhood is east of Monterey Avenue and west of Portola Avenue. • The Grove - This neighborhood is west of Deep Canyon Road, south of Fred Waring Drive, and north of Highway 111. G\Plannng\Ryan SlenaelHStafl Reports\2018\September 27\CC Staff Reporl Upoale STRs aocr September 27, 2018 — City Council Staff Report Update regarding STRs Page 3 of 5 • Lavender Way — This neighborhood is east of Deep Canyon Road, west of Palm Desert High School, north of Fred Waring Drive, and south of the Whitewater Storm Channel. Staff has received three (3) requests from neighbors (attached) within the Shepherd Lane neighborhood, and two (2) from residents within the Lavender Way neighborhood who would like to see the same standards of the R-1 and R-2 zones applied in regards to the issuance of STIR permits. They have concerns with the current and future numbers of STRs within their neighborhoods. Below is a chart showing the existing and new STRs within the four (4) neighborhoods: Neighborhoods Existing STIR Permits New STIR Permits 2018 Shepherd Lane 15 11 �— Hovley Lane West 11 9 The Grove 3 0 Lavender Way 2 3 Based on the existing and new permits, and the lack of complaints/citations in these areas, staff does not believe that there is a need to revise the ordinance at this time. Staff will keep a close eye on these four (4) neighborhoods, and if there is a surge of new permits, or if the homes are creating a public nuisance, then staff will bring an action item back for City Council's consideration to include these neighborhoods with the similar standards as the R- 1 and R-2 zones. Enforcement and Penalties Enforcement and Penalties was the largest topic of discussion during the 2017 year-long STIR study. Many residents stated that the City needed to do a better job with enforcement. The City Council approved the following: • Stricter fines ($1,000, $3,000, and $5,000) for owners, renters, and management companies. • Stricter fines (up to $5,000) for an unlicensed STIR. • Three (3) violations within a year results in loss of the permit. • Swing shift Code Compliance Officer on duty Thursdays through Sunday from 4:00 p.m. to 1:00 a.m. The hours are being adjusted during the festival months and busy holiday weekends. • Professional services contract with STIR Helper to manage a 24/7 hotline and Identify non-permitted STIR listings. From January 15, 2018 to present, the City has issued 59 administrative citations. Most of the citations were issued to property owners operating an unlicensed STIR, while the others were noise and trash bin violations. Below is a matrix indicating fines issued since implementation of the new STIR ordinance: G 1pianning\Ryan StendelnStaH Reportst2018tSeptember 271CC Staff Report Update STRs doc■ September 27, 2018 — City Council Staff Report Update regarding STRs Page 4 of 5 Number of Dismissed/Suspended Amount of Amount of Notices of Citations by Hearing Officer Administrative Administrative Lien for Fines Issued Fines Failing to Collected Pa 59 21 $285,000 $70,000 14 Staff believes that the new ordinance, including stricter penalties, is yielding positive results. Staff continues to hear many positive outcomes from having the availability of a swing shift compliance officer, as well as the 24-hour hotline. Every complaint is taken seriously, and is followed up on with the reporting party. While there are a few cases of alleged abuses of the STR ordinance, staff believes they are limited. Section 5.10.120 Violations E states operating a STR without a permit shall result in a fine in an amount up to five-thousand dollars ($5,000). The language "up to" is difficult for Code Compliance Officers and the City's Hearing Officer in determining what a fair fine amount should be. Staff is requesting to remove the "up to" language and set the fine amount at five- thousand ($5,000) dollars for unpermitted STR use. Operational and Communication Requirements These two categories were created because many residents stated that the previous ordinance lacked accountability of the owners, operators, and renters. Below is a summary of what was added to the new ordinance: Prior to occupancy of a STR unit the operator must do the following: • Meet and greet the renter on-site and obtain his or her name, address, and a copy of a valid government-issued identification. • Provide the renter with a copy of the Good Neighbor Brochure. • Provide the renter with information about the STR regulations. • Require the renter to execute a formal acknowledgment in the form acceptable by the City that he or she is legally responsible for compliance of all occupants of the STR unit and their guests, with all applicable laws, rules and regulations pertaining to the use and occupancy of the STR unit. Provide the Responsible Person with the Operator's 24-hour availability information. • Provide the renter with a copy of the maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. • Provide the Responsible Person with a copy of trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. • Include in the Good Neighbor Brochure that no music will be played outdoors after 10:00 P.M. So far, staff believes these new requirements are working for both operators and surrounding residents. As mentioned above, complaints have been lower since the new standards have been in place. G\Plannmg\Ryan Stendell\Staff Reports\2018\September 27\CC Staff Report Update STRs docx September 27, 2018—City Council Staff Report Update regarding STRs Page 5 of 5 STR Hardship Extension process On May 10, 2018, the City Council adopted Hardship Extension process for considering Hardship Extensions. The policy allows for the possibility of extending an STR permit in the R-1/R-2 zone if the owner has not reasonably recovered the investment in the property. If the total investment is more than the total actual and potential revenue (projected at 12/2019), the owner is accorded a hardship extension calculated to provide additional time to generate sufficient revenue to offset a reasonable investment. Staff has had numerous conversations with property owners about the application, but to date, no Hardship Extension applications have been formally submitted. Fiscal Analysis: There is no Fiscal Analysis impact related to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A N/A ::,... .... Ryan Stendell, Robert W. Hargreaves Director of Community Janet Moore Lauri Aylaian City Attorney Development Director of Finance City Manager APPLICANT: City of Palm Desert ATTACHMENT: Three (3) letters from residents within the Shepherd Lane neighborhood CITY COUNCILACTION APPROVED '� DENTED RECEIVED OTHER MEET G D TE Q AYES: fn NOES: ABSENT: ABSTAIN: VERIFIED BY: KOKI Original on File with City rk's Office G\Planning\Ryen Stendell\Staff Repons\2018\September 27\CC Staff Report Update STRs.docx Do K.a j steveK6 C*V of -4-o252 CKvtioole Circle Cmn 'ty DevdWmOnt pates.Desert, CA 9221z AUG g 8 2018 (760) 7Y13-5238 August 28, 2018 Ken Swartz Planning Department City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr.Swartz: I am writing to request that you amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. I understand this will come before Council at the September 27, 2018 meeting. I purchased my home because of the tranquil neighborhood and the feeling of peace I have when in my backyard. Recently however,our several of my neighbors have sold their homes and investors have purchased those homes and now we have a short-term vacation rentals next door and behind me. My peace and tranquility have vanished! Those of us in this neighborhood who live here full time now must endure party noises every weekend. It's not just the loud booming music that at times is louder than our television, it's the screaming, hooting and hollering that goes on all day long and well into the early morning hours. We have seen vehicles parked on the street(and in front of my house because there is no room in front of the rental!) because there are too many vehicles to fit in the garage and driveway and walked out front to find empty beer bottles,cans and trash left on the street. We now have the vacation rental hotline in our contact list, and on speed dial. I, along with my neighbors have called to report the issues and the person handling the vacation hotline is very responsive. We miss being able to sit out on our patio and enjoy our home. Our choice now is to fight or leave and I prefer to fight for my home and neighborhood. I understand that we are not designated as an R1 or R2 neighborhood. Our neighborhood is designated as Planned Residential, however we have over 300 homes in our neighborhood and even though we are a non-gated residential area, we should have the same consideration that an R-1 or R-2 zoned neighborhood. Again, I urge you to amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. Thank you for your consideration in this matter. Sincerely, r�3/m, --Dona J.Stevens Cc: The Honorable Sabby Jonathan <0 RECEIVED CITY CLERK'S OFFICE F1-e_ujV_ nO�J�f PAIN DESERT. C1: ree-e�,a Ne Ct i 2310 AUG 22 AM 11: 56 � of Tine"L7 �'1 r s The Honorable Sabby Jonathan and Council Members August fl, 2018 W City of Palm Desert 73510 Fred Waring Drive f airfi r Palm Desert, CA 92260 �eGp�d coqDear Mayor and Council Members: x Ca�tc,1 I am writing to request that you amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. We understand this will come before Council at the September 27, 2018 meeting. We purchased our home in Palm Desert in 2014. We purchased our home because of the neighborhood and the quiet we have when in our back yard. Recently however,our neighbors sold their home and two investors purchased it and now we have a short term vacation rental behind us. Our peace and quiet has vanished. Those of us in this neighborhood who live here full time now must endure party noises every weekend and sometimes all week. It's not just the loud music that at times is louder than our television, it's the screaming, hooting and hollering that goes on all day long and well into the early morning hours. We have found broken water balloons in our yard which is dangerous for our dog if he picked it up.We have had guests here and had to go inside since we could not carry on a conversation. We also had one of the tenants/owner looking over the 10 ft wall asking about some non-existant ball in our yard. He could have come and rang our bell.We felt our privacy was invaded! We now have the vacation rental hotline in our contact list,on speed dial. We, along with our neighbors have called to report the issues and the person handling the vacation hotline is very responsive. We miss being able to sit out on our patio and enjoy our home. Our choice now is to fight or leave and we prefer to fight for our home and neighborhood. We understand that we are not designated as an R1 or R2 neighborhood. We are designated as Planned Residential, however we have over 300 homes in our neighborhood and even though we are a non-gated residential area,we should have the same consideration that an R-1 or R-2 zoned neighborhood. Again,we urge you to amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. Thank you for your consideration in this matter. Sincerely, Jan Pauletich Teresa Felix COPYTO Ctry 74074 Kokopelli Circle Palm Desert,Ca 92211 PATE Ph:442-227-4676 Clty of Palm Dealt 'KLL awd R.ewee Moo-tomte 74-003 r_Kv ole C%reLe AUG 2 7 2018 FaLm Desert, CA 92211 (7c,o) 568-1590 Community Dowfopmoru August 22, 2018 The Honorable Sabby Jonathan and Council Members City of Palm Desert 73510 Fred Waring Drive Palm Desert,CA 92260 Dear Mayor and Council Members: I am writing to request that you amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. We understand this will come before Council at the September 27,2018 meeting. We have lived in the great City of Palm Desert for over 50 years. Although we've worked outside the city of Palm Desert,we have never considered living in any other city in the Coachella Valley. We have lived in our current home since 2012. We purchased our home because of the tranquil neighborhood and the feeling of peace we have when in our back yard. Recently however, our neighbors sold their home and two investors purchased it and now we have a short term vacation rental next door to us. Our peace and tranquility has vanished. Those of us in this neighborhood who live here full time now must endure party noises every weekend. It's not just the loud music that at times is louder than our television, it's the screaming, hooting and hollering that goes on all day long and well into the early morning hours. We have seen vehicles parked on the street because there are too many vehicles to fit in the garage and driveway,and walked out front to find empty beer bottles and cans left on the street. We now have the vacation rental hotline in our contact list,on speed dial. We,along with our neighbors have called to report the issues and the person handling the vacation hotline is very responsive. We miss being able to sit out on our patio and enjoy our home. Our choice now is to fight or leave and we prefer to fight for our home and neighborhood. We understand that we are not designated as an R1 or R2 neighborhood. We are designated as Planned Residential, however we have over 300 homes in our neighborhood and even though we are a non-gated residential area,we should have the same consideration that an R-1 or R-2 zoned neighborhood. Again,we urge you to amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. Thank you for your consideration in this matter. Sincerely, Bil and Renee Montante g%ll,nwd rzeme,mowtnwte 74-083 clnLwoole C,rMl.e Pnl,m Desert, CA_qz-= (760) 568-1590 September 14, 2018 The Honorable Sabby Jonathan and Council Members City of Palm Desert 73510 Fred Waring Drive Palm Desert,CA 92260 Dear Mayor and Council Members: I am writing to request that you amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. We understand this will come before Council at the September 27, 2018 meeting. We have lived in the great City of Palm Desert for over 15 years. Although we've worked outside the city of Palm Desert,we have never considered living in any other city in the Coachella Valley. We have lived in our current home since 2002. We purchased our home because of the tranquil neighborhood and the feeling of peace we have when in our back yard. Recently however,our neighbors sold their home and two investors purchased it and now we have a short term vacation rental next door to us. Our peace and tranquility has vanished. Those of us in this neighborhood who live here full time now must endure party noises every weekend. It's not just the loud music that at times is louder than our television, it's the screaming, hooting and hollering that goes on all day long and well into the early morning hours. We have seen vehicles parked on the street because there are too many vehicles to fit in the garage and driveway,and walked out front to find empty beer bottles and cans left on the street. We now have the vacation rental hotline in our contact list,on speed dial. We,along with our neighbors have called to report the issues and the person handling the vacation hotline is very responsive. We miss being able to sit out on our patio and enjoy our home. Our choice now is to fight or leave and we prefer to fight for our home and neighborhood. We understand that we are not designated as an R1 or R2 neighborhood. We are designated as Planned Residential, however we have over 300 homes in our neighborhood and even though we are a non-gated residential area,we should have the same consideration that an R-1 or R-2 zoned neighborhood. Again, we urge you to amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. Thank you for your consideration in this matter. Sincerely, N 0 O .9 Beckie Biedebach >-c 74071 Chinook Circle, Palm Desert, CA (760)413-1155 rn =0 N 0rn0 ' _ rM=m N R a M(A.< M _ op c�n w r, �n r., Klassen, Rachelle From: .5wartz, Kevin: . :. . _. Sent: Friday,September 21,2U18.7:50;AM Klassen;Rachelle .. . .. Subject: : FW:Noise issues:.: Attachments: "Palm Desert:City'Council Letter-Vacation rentals -145EP2018:docx Rachelle,:. :.:. . ... . . . .. .... . :. Attached is.a letter front a reside nt.regardIngthe agenda item'for•short-te.rm.rentals: :.Kevin Swartz'-' Associate-Planner Ph:760.321&0611 .Direct: 760.776:6485 .k: ''rtz@cityofpalmdesert.org From: Beckietiedebach [mailto:6eckie.biedebach@conferencedirect.co.m]:. . Sent:Thursday,September 20,2018 6:47 PM: To:Stendell;.Ryan<rstendell@cityofpalmtlesert.org>;Swartz;-Kevin<kswartz@cityofpalmdesert.org> Subject:Noise Issues... Hello Ryan and Ken;. :.:: . y letter:is self-explanatory.Evcry..ane on Chinook is hoping for some.relid.from these renters.: hank you,. . .. : . : :. .... . Beckie, .. .... . B66de Biedebacti Vice President: ConferenceDirect' `�.: :on-ferenceQiFect 74071 Chinook•Circle. . Palm Desert,CA'92211 760=346-37.19—Direct.:. : . : :. . : . '. :.: 760-413-1155 : Mobile 760-406-5077'=Fax We look forward to seeing yoU at'one:of our upcoming'signature customer anil partner eventsl Learn more at httn:Hconfer6n66dir6ct.com/events-media%events :.CD:Forum I.November 2 30,2018 I.The.Watierfront Beach Resort :. . Annual:Partner Meeting. March 3.7,2019 1.AtJanta Marriott Marquis Oh6Source•f9r.G16bd1 Meetings Site Selectlon:.f:Contract Negpdaition] Conference.Man�gement I Housing�IVlanagement Registration Services ..Mobile Applications J.Strategic Meetings Management.: Visit our website for the0atest on•ou.r•services;events and.publications:www.conferencedirect.com.. Swartz, Kevin From: Jann Buller <jannb774@gmail.com> Sent: Saturday, September 29, 2018 9:56 AM To: Jonathan, Sabby; weber; Nestande, Gina; Kelly, Kathleen; Harnik, Jan Cc: Swartz, Kevin;Aylaian, Lauri; Stendell, Ryan; RW Hargreaves Subject: Staff report on STIR ordinance implementation Dear City Council Members: Your request for an information report nine months after implementation of the STIR ordinance proved to be timely and instructive. The written staff report, the staff presentation and oral and written public comments reveal significant and encouraging findings: The compromise ordinance crafted by Council and staff is succeeding in key respects. • Many illegal operators have chosen, or been compelled by enforcement, to exit the Palm Desert market. That's a win for both residents and the compliant members of the STIR industry, who can agree that scofflaws have no place in Palm Desert. • Thirty qualified resident owners have taken advantage of the new permit option and obtained on- site owner permits in R1/R2. • Essential implementation resources are in place, including a contract with STIR Helper and a new data base, contributing to more effective processes. • Administrative processes are working, with 1365 active permits city-wide currently, and a total of $285,000 in fines levied to date for violations. • The swing shift and expanded hours during festivals and holiday weekends mean code officers are more available to respond during time periods when nuisance violations are more likely to occur. • Code officers are proactively monitoring known problem properties in addition to responding to citizen reports. The gloom-and-doom predictions did not come to pass. • Today there are more permitted STRs than before the ordinance. • The city issued 234 new STR permits in 2018 year to date: 0 30 new on-site owner permits issued in R1/R2. 0 204 new permits issued in other zones. • Palm Desert has 1365 active permits, a net increase of 11% over the pre-2018 total of 1228. • The staff report did not specifically report on TOT to date, but it stands to reason that the city is receiving or can expect some rise in TOT given the number of new permits. Several aspects of the ordinance are still problematic and require continuing attention. • Written comment from the STIR industry asserts that "strong regulations backed by robust enforcement are the best way to balance property rights with quality of life." (Gonzalez, Home Away, 9/26/18). This sentence is illogical: First, as the ordinance is written and implemented, residents are the front line enforcement officers for permitted STRs because almost invariably it is a citizen complaint that launches an enforcement action, not a code officer or law enforcement officer. The writer completely misses the dependence of enforcement on the citizen. Second, by the time a citizen contacts the hotline, his or her quality of life has already been affected adversely, whether by late- night noise, trash, parking or other disturbance. i • Under-reporting of disturbances and adverse quality of life impacts is inherent in this implementation approach. As the ordinance is written and implemented, permitted STR owner/operators have 30 minutes to respond to a citizen complaint and to rectify the situation. It appears that if the o/o responds within 30 minutes, then there is no record of the problem ever occurring. The staff report does not explain how these situations are reported and counted. We encourage City Council and staff to address and account for this inherent under-reporting of quality-of- life impacts on neighbors. 0 For the above reasons, implementation of the sunset clause in December 2019 is essential. Otherwise, residents will continue to have their quality of life negatively affected by permitted STRs and to serve as de facto front line enforcement officers. • There's a sleaze element in the STIR industry that is actively trying to evade the ordinance. One scam is "friends and family", where every weekend, occupants claim to be "friends and family" of the owner, not renters. Real estate agents have been overheard counseling prospective home buyers in R1/R2 that the "friends and family" scam is a good way to go. Another scam is "monthly rental", where the occupants change every weekend, but the owner/operator always manages to produce someone who claims to have a legitimate monthly rental contract. • Some of the worst quality of life disturbances occur after lam, often after the bars close. We suggest you consider modifying the swing shift hours to begin later in the evening and extend into the wee hours. • Staff committed to providing different bits and pieces of information to Council Members and to different commenters. Rather than provide data piecemeal, please publish the available data on the city website periodically, and not just the enforcement statistics. We'd like to see the TOT, the true cost of STIR administration and enforcement, complaints addressed by the o/o and similar information. The compromise ordinance adopted by Council is working, enhancing neighborhood quality of life while maintaining strong support for local businesses and tourists. Please stay the course. —Jann Buller (73110 Somera Road, Palm Desert) cc: Lauri Aylaian RW Hargreaves Kevin Swartz Ryan Stendell 2 gUl, Rvucd R.ewee Mov"tavwte 74-o8s CKv�oolz C,rrLe pa w& Desert, C/A 92211 (7c,o) 57Cg-2590 September 14, 2018 The Honorable Sabby Jonathan and Council Members City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mayor and Council Members: I am writing to request that you amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. We understand this will come before Council at the September 27, 2018 meeting. We have lived in the great City of Palm Desert for over 15 years. Although we've worked outside the city of Palm Desert, we have never considered living in any other city in the Coachella Valley. We have lived in our current home since 2002. We purchased our home because of the tranquil neighborhood and the feeling of peace we have when in our back yard. Recently however, our neighbors sold their home and two investors purchased it and now we have a short term vacation rental next door to us. Our peace and tranquility has vanished. Those of us in this neighborhood who live here full time now must endure party noises every weekend. It's not just the loud music that at times is louder than our television, it's the screaming, hooting and hollering that goes on all day long and well into the early morning hours. We have seen vehicles parked on the street because there are too many vehicles to fit in the garage and driveway, and walked out front to find empty beer bottles and cans left on the street. We now have the vacation rental hotline in our contact list, on speed dial. We, along with our neighbors have called to report the issues and the person handling the vacation hotline is very responsive. We miss being able to sit out on our patio and enjoy our home. Our choice now is to fight or leave and we prefer to fight for our home and neighborhood. We understand that we are not designated as an R1 or R2 neighborhood. We are designated as Planned Residential, however we have over 300 homes in our neighborhood and even though we are a non-gated residential area, we should have the same consideration that an R-1 or R-2 zoned neighborhood. Again, we urge you to amend non-gated Planned Residential neighborhoods to fall under the same category as R1 and R2 designated neighborhoods. Thank you for your consideration in this matter. Sincerely, Beckie Biedebach 74071 Chinook Circle, Palm Desert, CA (760)413-1155 RESOLUTION NO. 2018- 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE CITY IN R-1 AND R-2 ZONES WHEREAS, the City Council of the City of Palm Desert, California, did on the 101h day of May, 2018, considered a request by the City of Palm Desert adopting a policy for short-term rental hardship extensions for the termination and amortization of short-term rentals in the R-1 and R-2 zones; and WHEREAS, pursuant to the authority granted to the City of Palm Desert("City")by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary, The application has complied with the requirements of the"City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the policy for short-term rental hardship extensions is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 140 day of December, 2017, hold a duly noticed public hearing and approved staffs recommendation with clearly specified modifications, including elimination of certain Short-Term Rentals in R-1 and R- 2 Zones in specified time frames; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the proposed policy, are consistent with the General Plan and applicable state law; and WHEREAS, at said meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said resolution: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations to add a hardship extension process and further finds that the following regulations, including the eventual elimination of certain Short-Term rentals in R-1 and R-2 zones are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. RESOLUTION NO. 2018- 25 SECTION 2. Adoption of Policy for Hardship Extension. The City Council hereby adopts the Policy for Hardship Extensions attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm ' Desert, California, at its regular meeting held on the 1011 day of May, 2018, by the following vote, to wit: AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE SABBY JONA OR ATTEST: RA HEL E ED LASSE ITY CLERK CITY OF PALM DESERT, CALIFORNIA Poe 2 G Pa in,npgyap Stenjem5lan RewhsQO t A W a y 10,F,ny 57R CC Resoiwi,n Policy for nawwp Enens,ons aoc. RESOLUTION NO. 2018- 25 Exhibit "A" POLICY FOR HARDSHIP EXTENSIONS PURSUANT TO PDMC SECTION 5.10.075 A. If an owner believes that termination of the short-term rental use by December 31, 2019, will not provide the owner a reasonable period of time within which to recover the costs that the owner reasonably invested for short-term rental use, and that such costs cannot be recovered once the short-term rental use is terminated, the owner may apply to the director of community development for a hardship extension. The duties and responsibilities of the director of community development under this policy may be performed by the director of community development's designee. The application for a hardship extension shall be made, processed, and acted on in accordance with the following provisions: 1. The department of community development will begin receiving applications for hardship extensions on June 1, 2018. An application will be reviewed for completeness and the owner will be notified of any deficiencies, or that the application is complete, within thirty (30) days. The city will endeavor to complete review, hear appeals and make a final determination within five (5) months of receipt of a complete application, assuming the owner reasonably cooperates in the process. Consequently, owners desiring a final decision by December 31, 2018 should have a complete application on file by no later than August 1, 2018. An extension of a Short-Term rental permit past December 31, 2019 will not be granted simply because an application for a Hardship Extension is pending 2. The owner shall sign the application under penalty of perjury. The application shall set forth the amount of additional time that the owner contends is necessary, beyond December 31, 2019, to recover the costs that the owner reasonably invested for short-term rental use and that cannot be recovered once the short-term rental use is terminated. The application shall fully set forth the owner's justification for such additional time and shall include, along with whatever other information the owner believes to be relevant, the following information. (a) Internal Revenue Service Schedule E (Supplemental Income and Loss), Schedule C (Net Profit from Business (Sole Proprietorship), or a Schedule K-1 (Partner's Share of Current Year Income, Deductions, Credits, and Other Items)from Owner's federal income tax returns for the years since commencement of operation of the Short-Term rental. (b) Depreciation Schedule from the most recent income tax year showing the depreciable basis in the short-term rental, as well as any depreciable improvements or assets used it the Short-Term rental. (c) The date that the property was acquired by the owner, the price and other terms of the acquisition that materially affected the price, the closing escrow documents, and the purpose for which the property was acquired by the owner. If the property was acquired by a means other than an arms-length purchase (including without limitation a gift or inheritance), then the owner shall provide information concerning the most recent arms- 3 G'Pianrong Rya Swd.1ASta0 RLp011S,7018Way 10T,na1 STR CC Resalutmn Pwcy for Marosh,p Fi enuons oou RESOLUTION NO. 2018. 25 length purchase involving the property and the fair market value of the property on the date of owner's acquisition, "- (d) Finance terms of the short-term rental, if financed, documenting ~' amount financed, interest rate and term of financing. (e) Each use that the owner has made of the property since the owner's acquisition and the period of each such use, indicating the start and end date for each consecutive use, including each period of personal use, each,period of compensated use by friends or other acquaintances, each short-term rental tenancy, each long-term rental tenancy, each period in which the property was put to some other use, and each period in which the property was left vacant and unused. The owner should also include the following information for each use period: (1) the number of days in each use period (end date less start date), (2) the amount of rent or other charges collected, (3) the amount of transient occupancy tax remitted to the city (if short-term), (4) the expenses directly associated with that period of use (including but not limited to commission fees). .r. (f) A detailed listing of expenditures made by the owner for capital improvements to the property for the purpose of putting the property to short-term rental use, since it was acquired, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, executed contracts, or other written proof of each expenditure. (g) A detailed listing of expenditures made by the owner for capital improvements to the property other than those made for the purpose of putting the property to short-term rental use, since it was acquired, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, executed contracts, or other written proof of the each expenditure. (h) A detailed listing of all expenditures, other than for capital expenditures, incurred by the owner for the purpose of putting the property to short-term rental use, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, contracts, or other written proof of each expenditure. (i) A detailed projection of the income and expenses that are anticipated if the requested hardship extension is approved. 0) An identification and description of any contract with a third party that commits the property to a future short-term rental use, including the dates of the committed use, the rent to be charged for the use, any other amount to be charged or paid (e.g., cleaning fees, commissions, transient-occupancy tax), and any other relevant 4 G;P1an1 r 91Ryan Stn dll'�Satr Rcx ls130I aWay Iff—I STR CC Reboluhon Po12y tot KOMSnip Eatenswns one RESOLUTION NO. 2018- 25 information relating to the contracted future use. The owner shall provide written evidence of the contracts identified. (k) An identification and description of any long-term commitment, whether a lease, mortgage, or other commitment, that has been made by the owner in reliance on the ability to use the property for short-term rental purposes. The owner shall provide written documentation for each such commitment. (1) The fair market value ("FMV") of the short-term rental property within six (6) months of the application. The owner shall provide the factual basis and analysis substantiating the FMV, including comparable-sales information, income-approach elements, and cost-approach elements. (m) A financial analysis demonstrating the amount of time that will be required for the owner to recover the costs reasonably invested for short-term rental use to the extent that such costs could not already have been reasonably recovered during the period of short-term rental use of the property and cannot be recovered once the short-term rental use is terminated. The analysis should identify reference sources for each item of data included and set forth the basis for each assumption made. The director of community development may provide the owner with a requested form or format for the financial analysis, and if provided, such form or format shall be completed and submitted by the owner. 3. After receiving a timely filed application, the director of community development may request any additional information that the director deems in his or her discretion to be reasonably necessary to ascertain relevant facts and circumstances; and, if requested, the owner shall provide the requested information within thirty (30) calendar days of the director's request, unless the director provides for a longer period. The director may deem an application to be incomplete, and return it to the owner for additional information, if the information set forth in the application or requested by the director is not provided in a manner that is comprehensive and understandable and that demonstrates how the factual information provided leads to the conclusion that the requested hardship extension is necessary. If an application is returned as incomplete, the owner shall correct the deficiencies and provide the requested information within thirty (30) calendar days of the director's request, unless the director expressly provides in writing for a longer period. The director, in his or her sole and absolute discretion, may waive one or more of the items listed above if he or she determines that the purpose and intent of this policy can be adequately achieved without the submittal of such item or items, but no waiver shall be effective unless in writing and signed by the director. 4. The burden shall be on the owner to establish the need and grounds for a hardship extension and to establish the reasonableness of the requested duration of the extension. An owner's failure to produce appropriate information or documentation shall be grounds for denying or reducing a hardship extension. Any alleged hardship that is based on action or expenditures not reasonably taken or made in light of the circumstances, shall not be grounds for an extension. Any expense for modification or improvement of the short-term rental property that was incurred after December 14, 2017, shall be presumed not to be reasonably incurred unless (i) the owner proves that the expense was reasonably necessary to operate the short-term rental in a way that would ultimately reduce the duration of the extension otherwise necessary by allowing for a quicker recovery of the owner's qualifying 5 G Vianninpiiyan SI—IMPStafl RePonsVOI May Io`F oral SIN CC Resolution Policy la HansniP E%Iensions Uuca RESOLUTION NO. 2018- 25 costs, or (ii) the expense was incurred to satisfy a requirement of the city for the continued use and operation of the property. 5. The director of community development shall approve an extension upon determining that the owner has shown that since the commencement of the use of the owner's property as a short-term rental property, the owner has not had and will not have by December 31, 2019, a reasonable period of time within which to recover the costs that the owner reasonably invested for short-term rental use, and that those costs cannot be recovered once the short-term rental use is terminated. 6. In determining whether the owner has had and will have a reasonable period of time for recovery of costs, the director of community development shall consider the period of time that the owner has had for short-term rental use since the owner began to incur such costs, as well as the time available for continued short-term rental use until December 31, 2019. In addition to the information contained in the application submitted by the owner, the director of community development may consider such additional competent and relevant information that the director may obtain by staff investigation or from other sources as the director may choose to consult or obtain; however, the director shall not be obligated to conduct any independent investigation or to seek information outside the scope of the owner's application. Upon request of the director, the owner shall be reasonably available to respond to questions or to review and discuss relevant information. 7. In considering the application and making a decision, the director of community development may take into account all relevant information that relates to the determination of whether the owner has had or will have a reasonable period of time to recover the costs that the owner reasonably invested for short-term rental use, and to the .r. possibility that the costs can be recovered before the short-term rental use is terminated, including but not limited to any of the following matters: (a) The information submitted in the owner's application. (b) The period of time that the owner has had for short-term rental use since the owner began to incur such costs. (c) The amount of investment or original cost incurred by the owner. (d) The income potential of the property since it was allowed to be used for short-term rental purposes and the income actually received by the owner from short- term rental use since it was allowed to be used for short-term rental purposes. (e) Any amortization or depreciation of the improvements to the property that has been prepared for tax purposes and any tax benefit that the owner might have derived from claiming depreciation. (f) The extent of the owner's investment that is unique to the short- term rental use and does not serve any conforming use of the property. (g) The extent of the owner's investment that could not be recovered on sale of the property. 6 G'Plam—gillyam StenoalnStatl Repm1s•30i8W.y t0lF,nsr STR CC ResoWbon P01.y to,tI rOO.p Enens.a aoca RESOLUTION NO. 2018- 25 (h) The owner's investment-backed expectations in light of current and pending regulation at the time that the investment was made. (i) The replacement cost of improvements that might have been made that only serve the short-term rental use; and the length of time that the owner has had the benefit of the investment before the termination of the use. 0) Any other information that bears on the reasonable period of time for the owner of a terminating short-term rental to recover the costs reasonably invested for short-term rental use. 8. A decision by the director of community development to deny an application for a hardship extension, in whole or in part, or to limit the duration of an extension to a shorter period than requested by the owner, may be appealed to the city manager. At the city manager's option, a hearing may be conducted by a hearing officer appointed by the city manager or the city manager may conduct her or his own independent review. The deadline for filing an appeal shall be thirty (30) calendar days after the date that the written notice of the director of community development's decision is mailed (via first class delivery) to the owner. Such an appeal may be filed only if the owner timely submitted a complete application to the director of community development for a hardship extension. 9. If appointed by the city manager, the hearing officer shall conduct an independent analysis of the information already submitted in the matter to the director of community development and, at the hearing officer's discretion, a hearing; however, neither the city nor the owner may submit additional information to the hearing officer other than that which was submitted to the director of community development in connection with the owner's application for hardship extension, except to the extent the information: (i) could not have reasonably been provided to the director of community development with the application; (ii) is necessary to rebut or respond to information submitted by the other party or any other person to the director of community development; or (iii) in response to a request by the hearing officer. The hearing officer's recommendation shall be based on all relevant information, including the categories of information set forth in this section. The burden shall be on the owner to establish the need and grounds for the hardship extension and to establish the reasonableness of the requested duration of the extension. Any hardship that is based on actions or expenditures not reasonably taken or incurred in light of the circumstances shall not be grounds for an extension based on the criteria provided in this section. The recommendation of the hearing officer shall be considered by the city manager, who may adopt or modify the recommendation of the hearing officer. Whether or not a hearing officer was appointed, the decision of the city manager shall be final. 7 G Pvnnmyvlyan StenaW Statl ReponN201E01ay IOtfmal STR CC Resolution Puluy Ip MsmsmP u.nvans Oou ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM RENTALS IN REGARDS TO ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT, INCLUDING ELIMINATION OF CERTAIN SHORT-TERM RENTALS IN R-1 AND R-2 ZONES WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety,, and WHEREAS, adoption and enforcement of regulations and other land use regulations lies within the City's police powers; and WHEREAS, the City Council established an Ad Hoc Short-Term Rental Subcommittee, comprised of industry representatives, elected officials, community members, and City staff, to review the existing ordinance and to make recommendations for changes on how the City should regulate short-term rentals; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3Id day of October 2017, hold a duly noticed public hearing to consider recommendations from the Ad Hoc Short-Term Rental Committee in regards to enforcement, operational requirements, communication, and density to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 261 day of October, 2017, hold a duly noticed public hearing to consider two recommendations one from the Ad Hoc Short-Term Rental Committee and one from City staff amending Chapter 5.10 Short-Term Rentals in regards to enforcement, operational requirements, communication, and density of short- term rentals throughout the City, and approved staff's recommendation with clearly specified modifications, including elimination of certain Short Term Rentals in R-1 and R-2 Zones in specified time frames; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 161 day of November, 2017, approve first reading of Ordinance 1332 with the previously specified changes,- and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14" day of December, 2017, approve second reading of Ordinance 1332, and WHEREAS, the City Council of the City of Palm Desert, California has determined that the amendments to Municipal Code Chapters 5.10, are consistent with the General Plan and applicable state law, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said ordinance: ORDINANCE NO. 1332 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations, including the eventual elimination of certain short term rentals in R-1 and R-2 zones are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 5.10 "Short-Term Rentals" of the City's Zoning Ordinance as identified in "Exhibit A". SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that the amendments to Chapter 5.10 is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term one rentals will not have a significant negative impact on the environment. boo SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 141 day of December, 2017, by the following vote, to wit: AYES: HARNIK, KELLY, and JONATHAN NOES: NESTANDE and WEBER ABSENT: NONE ABSTAIN: NONE SA)581y A AYOR ATTEST. GRA E L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA /a-�4 ';0i7 2 ORDINANCE NO. 1332 Exhibit "A" Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.10 SHORT-TERM RENTALS 5.10.010 Title. This chapter shall be referred to as the "Short-Term Rental Ordinance." (Ord. 1236 § 2, 2012). 5.10.020 Purpose. A. The purpose of this chapter is to regulate privately-owned residential dwellings used as Short-Term Rental Units, ensure that transient occupancy taxes (TOT) are paid and collected, and minimize the potential negative effects of Short-Term Rental Units on surrounding residential neighborhoods. B. This chapter is not intended to allow any residential property Owner to violate any private conditions, covenants, and restrictions applicable to the Owner's property that may prohibit the Owner from using his or her property as a Short-Term Rental Unit, as defined in this chapter. (Ord. 1236 § 2, 2012). C. The City reserves the right to change the regulations provided in this chapter at any time, including discontinuing the issuance of Short-Term Rental Units permits, notwithstanding any impacts to existing or future short-term permit holders. Anyone accepting a Short-Term Rental Units permit pursuant to this chapter acknowledges and accepts that possibility. 5.10.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section: "Actively Operating" means a short-term rental that is rented out/occupied for a total of more than 18 days per calendar year. "Apartment" means a rented room or set of rooms that is part of a residential building and is used as a place to live. "Applicable Laws, Rules and Regulations" means any laws, rules, regulations and codes (whether local, state, or federal) pertaining to the use and occupancy of a privately-owned dwelling unit as a short-term rental. 1 ORDINANCE NO. 1332 "Applicant" means a person applying for a Short-Term Rental Unit permit, and a temporary Short-Term Rental Permit, or renewal of either permit. "City Manager" means the City manager of the City, or his or her designee. "Good Neighbor Brochure" means a document prepared by the City, as may be revised from time to time that summarizes the general rules of conduct, consideration and respect pertaining to the use and occupancy of Short-Term Rental Units. "Mixed Residential District (R-2)" means to provide moderate intensity and density (3.0 — 10.0 du/ac) for neighborhood development, and are characterized by a variety of housing choices and mixed-uses with buildings organized around formal and walkable streetscapes with high levels of pedestrian connectivity. "Multifamily Residential District (R-3)" means to provide suitable areas for moderate to higher intensity and density (7.0—40.0 du/ac)for residential development and small-scale commercial activity, and is characterized by higher density residential development and mixed-uses in proximity to retail commercial services with buildings organized around formal streetscapes with a variety of plazas and other pedestrian amenities and open spaces that are highly connected to surrounding development. "Operator" means an individual or business entity who is designated as the Owner's agent to act on the Owner's behalf to insure compliance with this Chapter. "Operator" may be the "Owner." "On-Site Owner Short-Term Rental" means a Short-Term Rental Unit where an Owner who is living and present within the main unit during the rental duration rents one (1) or more bedroom(s) or a detached/attached casita. "On-Site Owner Short-Term Rental Permit" is a permit issued for an "On Site Owner Short-Term Rental." "Owner" means any person or entity having fee-title ownership and/or appearing on the last equalized assessment roll of Riverside County showing controlling interest of the Short-Term Rental Unit. "Planned Residential District (P.R.)" means to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities, and is characterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes. 2 ORDINANCE NO. 1332 "Property" means the actual single-family house or other residential dwelling unit, including all of its improved real property, which is used as a short-term residential rental. "Responsible Person" means a Short-Term Rental Unit occupant who is at least 25 years of age and who is legally responsible for ensuring that all occupants of the short-term rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit. "Short-Term Rental Permit" is a permit for a Short-Term Rental Unit. "Short-Term Rental Unit" means a privately-owned residential dwelling (not a hotel, motel, or timeshare), including, without limitation, a single-family detached or multiple-family attached unit (not including apartments), second unit dwelling, lodging or rooming house, condominium, duplex, triplex, quadplex, mobile home or house trailer at a fixed location, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than 27 consecutive days. "Single-Family Residential District (R-1)" means to encourage the preservation and development of traditional residential neighborhoods, and provides for low intensity development (2.0 — 8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. "Transient" means any person who seeks to rent or who does rent a privately-owned residential unit for a period less than 27 consecutive days. "Transient Occupancy Registration Permit" means a permit that allows the use of a privately-owned residential dwelling as a short-term rental unit pursuant to the provisions of Chapter 3.28, Transient Occupancy Tax, respectively. (Ord. 1236 § 2, 2012). "Transient Occupancy Tax" means the tax levied by the City in accordance with Chapter 3.28 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the rental of sleeping accommodations to the public. 5.10.040 Authorized agent or representative. A. An Owner shall designate an Operator to act on the Owner's behalf to insure compliance with the requirements of this chapter. B. Notwithstanding subsection `A', the Owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, regardless of whether such noncompliance was committed by the Owner or Operator or the occupants of the Owner's short-term rental unit or their guests. 3 ORDINANCE NO. 1332 5.10.050 Short-Term Rental Permit; On-Site Owner Short-Term Rental Permit - Required. An Owner must obtain one of the following types of Short-Term Rental Permits and a Transient Occupancy Registration Permit prior to advertising or renting any privately- owned residential dwelling to any transient for a period less than 27 consecutive days: A. Short-Term Rental Permit. B. On-Site Owner Short-Term Rental. 5.10.060 Short-Term rental permit for all types - Application and processing requirements. A. The applicant must submit the following information on an application form provided by the City: 1. The name, address, valid email address, and telephone number of the Owner of the subject short-term rental unit. 2. The name, address, valid email address, and telephone number of the Operator of the subject Short-Term Rental Unit. 3. The address of the proposed short-term rental unit. 4. The number of bedrooms and the applicable overnight and daytime occupancy WM limit of the proposed short-term rental unit. 5. Acknowledgement of receipt and inspection of a copy of the Good Neighbor Brochure. 6. Mailing labels from a title company for all owners of property within 200 hundred feet of the proposed Short-Term Rental Unit's property line. Mailing labels are not required for properties located within the P.R. zone. 7. Other information as the City Manager deems reasonably necessary to administer this chapter. B. A Short-Term Rental Permit will not be granted for properties that do not qualify under Section 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones. C. Short-Term Rental Permits shall not be issued where short-term rentals are prohibited by covenants, conditions, and restrictions (CC&Rs) that clearly prohibit such use. For units located in any area governed by a homeowners' association or community association (association) and subject to CC&Rs, the applicant must additionally submit a copy of a letter to the association's governing board stating the applicant's intent to operate a Short-Term Rental Unit and inviting the association to submit a letter to the City stating that: 1) the CC&Rs do not regulate such short-term rentals; 2) short-term rentals are not prohibited at the proposed unit by the CC&Rs; or 3)that the CC&Rs do not allow short-term rentals as defined herein. If the Owner contests the association's determination that short-term ..r 4 ORDINANCE NO. 1332 rentals are not allowed, the Owner shall submit a copy of the CC&Rs to the City. The City shall provide an opportunity for the Owner and the association to be heard based on the evidence submitted. The decision of the City Manager shall be final. D. For units subject to CC&Rs but not within an association, a copy of the CC&Rs shall be submitted to the City to determine whether short-term rentals are either not regulated or not clearly prohibited by the CC&Rs. E. Upon the issuance of a new Short-Term Rental Permit and a renewal permit, excluding the P.R. zone, the City shall mail a notice to the owners and occupants of all residences within 200 hundred feet of the property line of the rental unit notifying the occupants that a Short-Term Rental Permit has been issued and providing information regarding how to lodge complaints (a copy of Good Neighbor Brochure, and the 24-hour contact person's name and telephone number) regarding the Short-Term Rental Unit. F. A short-term rental permit application shall be accompanied by payment of an application processing fee established by resolution of the City Council. G. Within 30 days of a change of property ownership, change of Operator, or any other change in material facts pertaining to the information contained in the Short- Term Rental Permit, the Operator shall submit an application and requisite application fee for a new short-term rental permit, if continued short-term rental is desired, which permit must be obtained prior to continuing to rent the subject unit as a Short-Term Rental Unit. H. A Short-Term Rental Permit shall not be issued or renewed if there are unresolved City code compliance cases, outstanding City fines or fees, or City liens on the property. I. A Short-Term Rental Permit must be renewed annually to remain valid. Failure to renew a Short-Term Rental Permit within 30 calendar days of the expiration date will result in the Short-Term Rental Permit being terminated. J. Short-Term Rental Permit renewals are subject to any intervening changes in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer qualifies under the requirements of this chapter, unless specifically exempted therefrom. A Short-Term Rental Permit shall not be renewed if the unit has not been Actively Operating in the prior calendar year. An Owner or Operator that is denied a renewal for failure to actively operate may apply for a new Short-Term Rental Permit, if otherwise qualified under this chapter. K. A Short-Term Rental Permit shall not be granted for apartments, as defined in this chapter. 5 ORDINANCE NO. 1332 L. The City may conduct an inspection of the Short-Term Rental Unit prior to issuing a new permit and prior to issuing any renewal permit. M. A short-term rental permit application may be denied if the applicant has had a . prior short-term rental permit suspended or revoked. N. The Tax Administrator, as defined in Section 3.28.020(E), shall issue the short-term rental permit, which will incorporate a transient occupancy registration permit, as provided in Section 3.28.060, if the applicant satisfies the requirements of this chapter and Chapter 3.28. 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones. The City shall prohibit the issuance of new Short-Term Rental Permits within the R-1 and R-2 zones of the City as described below. These requirements do not apply to On-Site Owner Short-Term Rental Permits. A. A new Short-Term Rental Permit within the R-1 zone will not be issued. B. A new Short-Term Rental Permit within the R-2 zone will not be issued. C. Existing Short-Term Rental Permits in R-1 and R-2 zones may be renewed if otherwise qualified, but all such Short-Term Rental Permits shall terminate, and such uses permanently cease operation, by December 31, 2019. Additional renewals for operation beyond December 31, 2019, maybe granted only by the City Manager based on the criteria outlined in 25.34.140 "Exceptions Based on Unconstitutional Takings." D. If an existing permit is revoked pursuant to this chapter, and the Short-Term Rental Unit is located in the R-1 or R-2 zones, then a new permit will not be issued. 5.10.080 On-Site Owner Short-Term Rental Permit — Additional application and processing requirements. A. The Owner shall demonstrate regular occupancy, which may be by neighbor verification or other means sufficient, in the discretion of the Tax Administrator, to demonstrate regular and continuous owner-occupancy prior to and during the rental period. 5.10.090 Operational requirements for all types of Short-Term Rental Permits. A. While a Short-Term Rental Unit is rented, the Operator shall be available 24 hours a day, seven days a week for the purpose of responding within 30 minutes to complaints regarding the condition, operation, or conduct of occupants or guests of the Short-Term Rental Unit. . r 6 ORDINANCE NO. 1332 B. Upon notification that the Responsible Person and/or any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, the Operator shall promptly respond within 30 minutes in an appropriate manner to immediately halt or prevent a recurrence of such conduct by the Responsible Person and/or any occupants and/or guests. Failure of the Operator to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the Short-Term Rental Unit within 30 minutes and in an appropriate manner shall render the Operator subject to all administrative, legal and equitable remedies available to the City, up to and including Short-Term Rental Permit revocation. C. The Operator shall post the current short-term rental permit number on, or in, any advertisement appearing in any newspaper, magazine, brochure, television trade paper, Internet website, etc., that promotes the availability or existence of a short-term rental unit in a place or location deemed acceptable by the City Manager. In the instance of audio-only advertising of the same, the short-term rental permit number shall be read as part of any advertising. The following shall be clearly identified in any advertisement: 1) the maximum overnight occupancy of the Short-Term Rental Unit; 2) requirements for compliance with the City's noise standards and regulations; and 3) a statement that the Short-Term Rental Unit occupants shall respect the neighbors' privacy and enjoyment of their property. D. The Operator shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental unit do not create unreasonable noise in violation of Palm Desert Municipal Code, (PDMC,) Chapter 9.24, Noise Control or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit. The short-term rental unit shall be used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including Chapter 3.28. (Transient Occupancy Tax.) E. Occupants of the short-term rental unit shall comply with all standards and regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. F. Minimum Number of Days and Nights for Rent or Lease. The minimum duration of a short-term rental unit is three days, two nights. Less than three-day, two-night rentals or leases are prohibited. G. Maximum Number of Occupants. The maximum number of overnight guests and residents for a short-term rental unit shall not exceed two persons per bedroom. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m., with the additional maximum daytime guests not to exceed two persons per 7 ORDINANCE NO. 1332 bedroom with a maximum of 20 guests allowed for five bedrooms or more. The Pas following table illustrates the maximum number of occupants. If the use is On-Site Owner Short-Term Rental, the Owner shall be deemed to occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests accordingly: Number of Total of Overnight Total Daytime Bedrooms Occupants Occupants (Including Number of Overnight Occupants) --1 - 2 -- 4 _ 2 4 8 _ 3 6 12 4 8 16 5 10 20 6 12 20 7 14 20 H. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism. I. No property use shall cross over any property line. J. All parking associated with a short-term rental unit shall be entirely on-site, in the garage, carport, and driveway or otherwise off of the public street. K. The City Manager shall have the authority to impose additional conditions on the use of any given short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated. L. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the City's authorized waste hauler, and only on scheduled trash collection days. The Operator shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.16 (Solid Waste) of the PDMC. M. Unless otherwise provided in this chapter, the Operator shall comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but not limited to, submission of a monthly TOT return in accordance with Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the short-term rental unit was not rented during each such month. .. 8 ORDINANCE NO. 1332 5.10.100 Procedures for operators and renters. A. Prior to occupancy of a short-term rental unit the Operator shall: 1. Meet and greet the Responsible Person on-site and obtain his or her name, address, and a copy of a valid government identification. 2. Provide the Responsible Person a copy of the Good Neighbor Brochure. 3. Provide the Responsible Person information about the short- term rental regulations. 4. Require such Responsible Person to execute a formal acknowledgement in the form acceptable by the City that he or she is legally responsible for compliance of all occupants of the short-term rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental unit, This information shall be maintained by the Operator for a period of three years and be made readily available upon request of any officer of the City responsible for the enforcement of any provision of the PDMC or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit. 5. Provide the Responsible Person with the Operator's 24-hour availability information. 6. Provide the Responsible Person a copy of the maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. 7. Post a copy of the short-term rental permit and a copy of the Good Neighbor Brochure in a conspicuous place within the short-term rental unit. 8. Provide the Responsible Person a copy of trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. 9. Provide the Responsible Person a copy of the PDMC, Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. 10.Explain to the Responsible Person that the occupant and Owner may be cited or fined by the City in accordance with this chapter and/or Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events, and 11.Provide a copy that no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from beyond the property boundaries of any short-term rental unit between the hours of 10:00 p.m. and 10:00 a.m. 5.10.110 Recordkeeping duties. The Operator shall maintain for a period of three years, records in such form as the Tax Administrator (as defined in, and required by, Chapter 3.28) may require to determine the amount of TOT owed to the City. The Tax Administrator shall have the right to inspect 9 ORDINANCE NO. 1332 such records at all reasonable times. Such records shall be maintained at the Owner or Operator's premises or shall be available for delivery to the Tax Administrator within one week after request, which may be subject to the subpoena pursuant to Section 3.28.110. (Ord. 1236 § 2, 2012). 5.10.120 Violations. A. Additional Conditions. A violation of any provision of this chapter by any of the occupants, Owner(s) or the Operator shall authorize the City Manager to impose additional conditions on the use of any given short-term rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter by any of the occupants, Owner(s) or the Operator shall constitute grounds for modification, suspension and/or revocation of the Short-Term Rental Permit and/or any affiliated licenses or permits pursuant to the provisions set forth in this chapter. 1. Whenever any Operator fails to comply with any provision of this chapter, the City Manager upon hearing, after giving the Operator and/or Owner 10 days' notice in writing specifying the time and place of hearing and requiring him or her to show cause why the short-term rental permit should not be revoked, may modify, suspend or revoke the permit held by the Operator. 2. The City Manager shall give to the Operator and/or Owner written notice of the modification, suspension or revocation of the permit. The notices required in this section may be served personally or by mail. 3. The Tax Administrator shall not issue a new short-term rental permit after the revocation of a permit unless he or she is satisfied that the former holder of the permit will comply with the provisions of this chapter and the unit complies with Section 5.10.070 Short-Term Rental Permit — Additional application and processing requirements. During the period of time while such a permit is suspended, revoked or otherwise not validly in effect, the use of the dwelling as a Short-Term Rental Unit is prohibited. C. Notice of Violation. The City may issue a notice of violation to any occupant, Owner(s) or Operator, pursuant to this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Administrative Citation. The City may issue an administrative citation to the property Owner(s) pursuant to Chapter 8.81 (Administrative Citation) of the municipal code if there is any violation of this chapter committed, caused or maintained. Nothing in this section shall preclude the City from also issuing an infraction citation upon the occurrence of the same offense on the same day to any occupant, Owner(s) or the Operator. Unless otherwise provided herein, any 10 ORDINANCE NO. 1332 person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to: 1) an administrative fine in an amount not to exceed one-thousand dollars ($1,000)for the first citation; 2) an administrative fine in an amount not to exceed three-thousand dollars ($3,000) for a second citation issued for the same offense within a 12-month period of the date of the first offense; and 3) a fine in an amount not to exceed five-thousand dollars ($5,000) and an immediate revocation of the Short-Term Rental Permit for a period of two years for the third citation within a 12-month period of the date of the first offense. If the property is zoned R-1 or R-2, then Section 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones applies. E. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to a fine in an amount up to five- thousand dollars ($5,000) for the first citation and each additional citation, and the City has the right to refuse the issuance of any new or renewed Short-Term Rental Permit for the cited Property and/or to the cited Owner and/or Operator anywhere else within the City. F. Infraction. The City may issue an infraction citation to any occupant, Owner(s) or Operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code Violations, including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any of the above parties. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: 1) a fine in an amount not to exceed one-thousand dollars ($1 ,000) for a first conviction of an offense; 2) a fine in an amount not to exceed three- thousand dollars ($3,000) for a second conviction of the same offense within a 12-month period of the date of the first offense; and 3) a fine in an amount not to exceed five-thousand dollars ($5,000) for the third conviction of the same offense within a 12-month period of the date of the first offense. G. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. (Ord. 1236 § 2, 2012). 11 �� L KIrIM' To I ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM RENTALS IN REGARDS TO ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT, INCLUDING ELIMINATION OF CERTAIN SHORT- TERM RENTALS IN R-1 AND R-2 ZONES WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, adoption and enforcement of regulations and other land use regulations lies within the City's police powers; and WHEREAS, the City Council established an Ad Hoc Short-Term Rental Subcommittee, comprised of industry representatives, elected officials, community members, and City staff, to review the existing ordinance and to make recommendations for changes on how the City should regulate short-term rentals; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3`d day of October 2017, hold a duly noticed public hearing to consider recommendations from the Ad Hoc Short-Term Rental Committee in regards to enforcement, operational requirements, communication, and density to the City Council;and WHEREAS, the City Council of the City of Palm Desert, California, did on the 261h day of October, 2017, hold a duly noticed public hearing to consider two recommendations one from the Ad Hoc Short-Term Rental Committee and one from City staff amending Chapter 5.10 Short-Term Rentals in regards to enforcement, operational requirements, communication, and density of short- term rentals throughout the City, and approved staff's recommendation with clearly specified modifications, including elimination of certain Short Term Rentals in R-1 and R-2 Zones in specified time frames; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 161h day of November, 2017, approve first reading of Ordinance 1332 with the previously specified changes; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 141 day of December, 2017, approve second reading of Ordinance 1332; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the amendments to Municipal Code Chapters 5.10, are consistent with the General Plan and applicable state law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said ordinance: ORDINANCE NO. 1332 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations, including the eventual elimination of certain short term rentals in R-1 and R-2 zones are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 5.10 "Short-Term Rentals" of the City's Zoning Ordinance as identified in "Exhibit A". SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that the amendments to Chapter 5.10 is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2017, by the following vote, to wit: CITY COUNCILA AYES: APPROVED DENTED RECE OTHER NOES: ABSENT: MEETING DA - AYES; ABSTAIN: NOES: ABSErM ABSTAIN: VERIFIED BY: Original on File with City C! 's O MN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. 1332 Exhibit "A" Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.10 SHORT-TERM RENTALS 5.10.010 Title. This chapter shall be referred to as the "Short-Term Rental Ordinance." (Ord. 1236 § 2, 2012). 5.10.020 Purpose. A. The purpose of this chapter is to regulate privately-owned residential dwellings used as Short-Term Rental Units, ensure that transient occupancy taxes (TOT) are paid and collected, and minimize the potential negative effects of Short-Term Rental Units on surrounding residential neighborhoods. B. This chapter is not intended to allow any residential property Owner to violate any private conditions, covenants, and restrictions applicable to the Owner's property that may prohibit the Owner from using his or her property as a Short-Term Rental Unit, as defined in this chapter. (Ord. 1236 § 2, 2012). C. The City reserves the right to change the regulations provided in this chapter at any time, including discontinuing the issuance of Short-Term Rental Units permits, notwithstanding any impacts to existing or future short-term permit holders. Anyone accepting a Short-Term Rental Units permit pursuant to this chapter acknowledges and accepts that possibility. 5.10.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section: "Actively Operating" means a short-term rental that is rented out/occupied for a total of more than 18 days per calendar year. "Apartment" means a rented room or set of rooms that is part of a residential building and is used as a place to live. "Applicable Laws, Rules and Regulations" means any laws, rules, regulations and codes (whether local, state, or federal) pertaining to the use and occupancy of a privately-owned dwelling unit as a short-term rental. 1 ORDINANCE NO. 1332 "Applicant" means a person applying for a Short-Term Rental Unit permit, and a temporary Short-Term Rental Permit, or renewal of either permit. "City Manager" means the City manager of the City, or his or her designee. "Good Neighbor Brochure" means a document prepared by the City, as may be revised from time to time that summarizes the general rules of conduct, consideration and respect pertaining to the use and occupancy of Short-Term Rental Units. "Mixed Residential District (R-2)" means to provide moderate intensity and density (3.0 — 10.0 du/ac) for neighborhood development, and are characterized by a variety of housing choices and mixed-uses with buildings organized around formal and walkable streetscapes with high levels of pedestrian connectivity. "Multifamily Residential District (R-3)" means to provide suitable areas for moderate to higher intensity and density (7.0 — 40.0 du/ac) for residential development and small- scale commercial activity, and is characterized by higher density residential development and mixed-uses in proximity to retail commercial services with buildings organized around formal streetscapes with a variety of plazas and other pedestrian amenities and open spaces that are highly connected to surrounding development. "Operator" means an individual or business entity who is designated as the Owner's agent to act on the Owner's behalf to insure compliance with this Chapter. "Operator" may be the "Owner." "On-Site Owner Short-Term Rental" means a Short-Term Rental Unit where an Owner who is living and present within the main unit during the rental duration rents one (1) or more bedroom(s) or a detached/attached casita. "On-Site Owner Short-Term Rental Permit" is a permit issued for an "On Site Owner Short-Term Rental." "Owner" means any person or entity having fee-title ownership and/or appearing on the last equalized assessment roll of Riverside County showing controlling interest of the Short-Term Rental Unit. "Planned Residential District (P.R.)" means to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities, and is characterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes. 2 ORDINANCE NO. 1332 "Property" means the actual single-family house or other residential dwelling unit, including all of its improved real property, which is used as a short-term residential rental. "Responsible Person" means a Short-Term Rental Unit occupant who is at least 25 years of age and who is legally responsible for ensuring that all occupants of the short-term rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit. "Short-Term Rental Permit" is a permit for a Short-Term Rental Unit. "Short-Term Rental Unit" means a privately-owned residential dwelling (not a hotel, motel, or timeshare), including, without limitation, a single-family detached or multiple- family attached unit (not including apartments), second unit dwelling, lodging or rooming house, condominium, duplex, triplex, quadplex, mobile home or house trailer at a fixed location, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than 27 consecutive days. "Single-Family Residential District (R-1)" means to encourage the preservation and development of traditional residential neighborhoods, and provides for low intensity development (2.0 — 8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. "Transient" means any person who seeks to rent or who does rent a privately-owned residential unit for a period less than 27 consecutive days. "Transient Occupancy Registration Permit" means a permit that allows the use of a privately-owned residential dwelling as a short-term rental unit pursuant to the provisions of Chapter 3.28, Transient Occupancy Tax, respectively. (Ord. 1236 § 2, 2012). "Transient Occupancy Tax" means the tax levied by the City in accordance with Chapter 3.28 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the rental of sleeping accommodations to the public. 5.10.040 Authorized agent or representative. A. An Owner shall designate an Operator to act on the Owner's behalf to insure compliance with the requirements of this chapter. B. Notwithstanding subsection 'A', the Owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, regardless of whether such noncompliance was committed by the Owner or Operator or the occupants of the Owner's short-term rental unit or their guests. 3 ORDINANCE NO. 1332 5.10.050 Short-Term Rental Permit; On-Site Owner Short-Term Rental Permit - Required. An Owner must obtain one of the following types of Short-Term Rental Permits and a Transient Occupancy Registration Permit prior to advertising or renting any privately- owned residential dwelling to any transient for a period less than 27 consecutive days: A. Short-Term Rental Permit. B. On-Site Owner Short-Term Rental. 5.10.060 Short-Term rental permit for all types - Application and processing requirements. A. The applicant must submit the following information on an application form provided by the City: 1. The name, address, valid email address, and telephone number of the Owner of the subject short-term rental unit. 2. The name, address, valid email address, and telephone number of the Operator of the subject Short-Term Rental Unit. 3. The address of the proposed short-term rental unit. 4. The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit. 5. Acknowledgement of receipt and inspection of a copy of the Good Neighbor Brochure. 6. Mailing labels from a title company for all owners of property within 200 hundred feet of the proposed Short-Term Rental Unit's property line. Mailing labels are not required for properties located within the P.R. zone. 7. Other information as the City Manager deems reasonably necessary to administer this chapter. B. A Short-Term Rental Permit will not be granted for properties that do not qualify under Section 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones. C. Short-Term Rental Permits shall not be issued where short-term rentals are prohibited by covenants, conditions, and restrictions (CC&Rs) that clearly prohibit such use. For units located in any area governed by a homeowners' association or community association (association) and subject to CC&Rs, the applicant must additionally submit a copy of a letter to the association's governing board stating the applicant's intent to operate a Short-Term Rental Unit and inviting the association to submit a letter to the City stating that: 1) the CC&Rs do not regulate such short-term rentals; 2) short-term rentals are not prohibited at the proposed unit by the CC&Rs; or 3) that the CC&Rs do not allow short-term rentals as defined herein. If the Owner contests the association's determination 4 ORDINANCE NO. 1332 that short-term rentals are not allowed, the Owner shall submit a copy of the CC&Rs to the City. The City shall provide an opportunity for the Owner and the association to be heard based on the evidence submitted. The decision of the City Manager shall be final. D. For units subject to CC&Rs but not within an association, a copy of the CC&Rs shall be submitted to the City to determine whether short-term rentals are either not regulated or not clearly prohibited by the CC&Rs. E. Upon the issuance of a new Short-Term Rental Permit and a renewal permit, excluding the P.R. zone, the City shall mail a notice to the owners and occupants of all residences within 200 hundred feet of the property line of the rental unit notifying the occupants that a Short-Term Rental Permit has been issued and providing information regarding how to lodge complaints (a copy of Good Neighbor Brochure, and the 24-hour contact person's name and telephone number) regarding the Short-Term Rental Unit. F. A short-term rental permit application shall be accompanied by payment of an application processing fee established by resolution of the City Council. G. Within 30 days of a change of property ownership, change of Operator, or any other change in material facts pertaining to the information contained in the Short-Term Rental Permit, the Operator shall submit an application and requisite application fee for a new short-term rental permit, if continued short- term rental is desired, which permit must be obtained prior to continuing to rent the subject unit as a Short-Term Rental Unit. H. A Short-Term Rental Permit shall not be issued or renewed if there are unresolved City code compliance cases, outstanding City fines or fees, or City liens on the property. I. A Short-Term Rental Permit must be renewed annually to remain valid. Failure to renew a Short-Term Rental Permit within 30 calendar days of the expiration date will result in the Short-Term Rental Permit being terminated. J. Short-Term Rental Permit renewals are subject to any intervening changes in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer qualifies under the requirements of this chapter, unless specifically exempted therefrom. A Short-Term Rental Permit shall not be renewed if the unit has not been Actively Operating in the prior calendar year. An Owner or Operator that is denied a renewal for failure to actively operate may apply for a new Short-Term Rental Permit, if otherwise qualified under this chapter. K. A Short-Term Rental Permit shall not be granted for apartments, as defined in this chapter. 5 ORDINANCE NO. 1332 L. The City may conduct an inspection of the Short-Term Rental Unit prior to issuing a new permit and prior to issuing any renewal permit. M. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit suspended or revoked. N. The Tax Administrator, as defined in Section 3.28.020(E), shall issue the short-term rental permit, which will incorporate a transient occupancy registration permit, as provided in Section 3.28.060, if the applicant satisfies the requirements of this chapter and Chapter 3.28. 5.10.070 Short-Term Rental Permit.— Prohibited in R-1 and R-2 zones. The City shall prohibit the issuance of new Short-Term Rental Permits within the R-1 and R-2 zones of the City as described below. These requirements do not apply to On- Site Owner Short-Term Rental Permits. A. A new Short-Term Rental Permit within the R-1 zone will not be issued. B. A new Short-Term Rental Permit within the R-2 zone will not be issued. C. Existing Short-Term Rental Permits in R-1 and R-2 zones may be renewed if otherwise qualified, but all such Short-Term Rental Permits shall terminate, and such uses permanently cease operation, by December 31, 2019. Additional renewals for operation beyond December 31, 2019, maybe granted only by the City Manager based on the criteria outlined in 25.34.140 "Exceptions Based on Unconstitutional Takings." D. If an existing permit is revoked pursuant to this chapter, and the Short-Term Rental Unit is located in the R-1 or R-2 zones, then a new permit will not be issued. 5.10.080 On-Site Owner Short-Term Rental Permit — Additional application and processing requirements. A. The Owner shall demonstrate regular occupancy, which may be by neighbor verification or other means sufficient, in the discretion of the Tax Administrator, to demonstrate regular and continuous owner-occupancy prior to and during the rental period. 5.10.090 Operational requirements for all types of Short-Term Rental Permits. A. While a Short-Term Rental Unit is rented, the Operator shall be available 24 hours a day, seven days a week for the purpose of responding within 30 minutes to complaints regarding the condition, operation, or conduct of occupants or guests of the Short-Term Rental Unit. 6 ORDINANCE NO. 1332 B. Upon notification that the Responsible Person and/or any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, the Operator shall promptly respond within 30 minutes in an appropriate manner to immediately halt or prevent a recurrence of such conduct by the Responsible Person and/or any occupants and/or guests. Failure of the Operator to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the Short-Term Rental Unit within 30 minutes and in an appropriate manner shall render the Operator subject to all administrative, legal and equitable remedies available to the City, up to and including Short- Term Rental Perm if revocation. C. The Operator shall post the current short-term rental permit number on, or in, any advertisement appearing in any newspaper, magazine, brochure, television trade paper, Internet website, etc., that promotes the availability or existence of a short-term rental unit in a place or location deemed acceptable by the City Manager. In the instance of audio-only advertising of the same, the short-term rental permit number shall be read as part of any advertising. The following shall be clearly identified in any advertisement: 1) the maximum overnight occupancy of the Short-Term Rental Unit; 2) requirements for compliance with the City's noise standards and regulations; and 3) a statement that the Short-Term Rental Unit occupants shall respect the neighbors' privacy and enjoyment of their property. D. The Operator shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental unit do not create unreasonable noise in violation of Palm Desert Municipal Code, (PDMC,) Chapter 9.24, Noise Control or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit. The short-term rental unit shall be used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including Chapter 3.28. (Transient Occupancy Tax.) E. Occupants of the short-term rental unit shall comply with all standards and regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. F. Minimum Number of Days and Nights for Rent or Lease. The minimum duration of a short-term rental unit is three days, two nights. Less than three-day, two-night rentals or leases are prohibited. G. Maximum Number of Occupants. The maximum number of overnight guests and residents for a short-term rental unit shall not exceed two persons per bedroom. Additional daytime guests are allowed between the hours of 7:00 a.m, and 10:00 7 ORDINANCE NO. 1332 p.m., with the additional maximum daytime guests not to exceed two persons per bedroom with a maximum of 20 guests allowed for five bedrooms or more. The following table illustrates the maximum number of occupants. If the use is On-Site Owner Short-Term Rental, the Owner shall be deemed to occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests accordingly: Number of Total of Overnight Occupants Total Daytime Bedrooms Occupants (Including Number of Overnight Occupants) 1 2 _ 4 2 4 8 3 6 12 4 8 16 5 10 20 _ 6 12 20 j 7 14 --- ---- 20 H. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism. I. No property use shall cross over any property line. J. All parking associated with a short-term rental unit shall be entirely on-site, in the garage, carport, and driveway or otherwise off of the public street. K. The City Manager shall have the authority to impose additional conditions on the use of any given short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated. L. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the City's authorized waste hauler, and only on scheduled trash collection days. The Operator shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.16 (Solid Waste) of the PDMC. M. Unless otherwise provided in this chapter, the Operator shall comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but not limited to, submission of a monthly TOT return in accordance with Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the short-term rental unit was not rented during each such month. 8 ORDINANCE NO. 1332 5.10.100 Procedures for operators and renters. A. Prior to occupancy of a short-term rental unit the Operator shall: 1. Meet and greet the Responsible Person on-site and obtain his or her name, address, and a copy of a valid government identification. 2. Provide the Responsible Person a copy of the Good Neighbor Brochure. 3. Provide the Responsible Person information about the short- term rental regulations. 4. Require such Responsible Person to execute a formal acknowledgement in the form acceptable by the City that he or she is legally responsible for compliance of all occupants of the short-term rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental unit. This information shall be maintained by the Operator for a period of three years and be made readily available upon request of any officer of the City responsible for the enforcement of any provision of the PDMC or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit. 5. Provide the Responsible Person with the Operator's 24-hour availability information. 6. Provide the Responsible Person a copy of the maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. 7. Post a copy of the short-term rental permit and a copy of the Good Neighbor Brochure in a conspicuous place within the short-term rental unit. 8. Provide the Responsible Person a copy of trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. 9 Provide the Responsible Person a copy of the PDMC, Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. 10.Explain to the Responsible Person that the occupant and Owner may be cited or fined by the City in accordance with this chapter and/or Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events, and 11.Provide a copy that no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from beyond the property boundaries of any short-term rental unit between the hours of 10:00 p.m. and 10:00 a.m. 5.10.110 Recordkeeping duties. The Operator shall maintain for a period of three years, records in such form as the Tax Administrator (as defined in, and required by, Chapter 3.28) may require to determine the amount of TOT owed to the City. The Tax Administrator shall have the 9 ORDINANCE NO. 1332 right to inspect such records at all reasonable times. Such records shall be maintained at the Owner or Operator's premises or shall be available for delivery to the Tax Administrator within one week after request, which may be subject to the subpoena pursuant to Section 3.28.110. (Ord. 1236 § 2, 2012). 5.10.120 Violations. A. Additional Conditions. A violation of any provision of this chapter by any of the occupants, Owner(s) or the Operator shall authorize the City Manager to impose additional conditions on the use of any given short-term rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter by any of the occupants, Owner(s) or the Operator shall constitute grounds for modification, suspension and/or revocation of the Short-Term Rental Permit and/or any affiliated licenses or permits pursuant to the provisions set forth in this chapter. 1. Whenever any Operator fails to comply with any provision of this chapter, the City Manager upon hearing, after giving the Operator and/or Owner 10 days' notice in writing specifying the time and place of hearing and requiring him or her to show cause why the short-term rental permit should not be revoked, may modify, suspend or revoke the permit held by the Operator. 2. The City Manager shall give to the Operator and/or Owner written notice of the modification, suspension or revocation of the permit. The notices required in this section may be served personally or by mail. 3. The Tax Administrator shall not issue a new short-term rental permit after the revocation of a permit unless he or she is satisfied that the former holder of the permit will comply with the provisions of this chapter and the unit complies with Section 5.10.070 Short-Term Rental Permit — Additional application and processing requirements. During the period of time while such a permit is suspended, revoked or otherwise not validly in effect, the use of the dwelling as a Short-Term Rental Unit is prohibited. C. Notice of Violation. The City may issue a notice of violation to any occupant, Owner(s) or Operator, pursuant to this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Administrative Citation. The City may issue an administrative citation to the property Owner(s) pursuant to Chapter 8.81 (Administrative Citation) of the municipal code if there is any violation of this chapter committed, caused or maintained. Nothing in this section shall preclude the City from also issuing an infraction citation upon the occurrence of the same offense on the same day to any occupant, Owner(s) or the Operator. Unless otherwise provided herein, any 10 ORDINANCE NO. 1332 person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to: 1) an administrative fine in an amount not to exceed one-thousand dollars ($1,000) for the first citation; 2) an administrative fine in an amount not to exceed three-thousand dollars ($3,000) for a second citation issued for the same offense within a 12-month period of the date of the first offense; and 3) a fine in an amount not to exceed five-thousand dollars ($5,000) and an immediate revocation of the Short-Term Rental Permit for a period of two years for the third citation within a 12-month period of the date of the first offense. If the property is zoned R-1 or R-2, then Section 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones applies. E. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to a fine in an amount up to five- thousand dollars ($5,000) for the first citation and each additional citation, and the City has the right to refuse the issuance of any new or renewed Short-Term Rental Permit for the cited Property and/or to the cited Owner and/or Operator anywhere else within the City. F. Infraction. The City may issue an infraction citation to any occupant, Owner(s) or Operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code Violations, including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any of the above parties. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: 1) a fine in an amount not to exceed one-thousand dollars ($1,000) for a first conviction of an offense; 2) a fine in an amount not to exceed three-thousand dollars ($3,000) for a second conviction of the same offense within a 12-month period of the date of the first offense; and 3) a fine in an amount not to exceed five-thousand dollars ($5,000) for the third conviction of the same offense within a 12-month period of the date of the first offense. G. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. (Ord. 1236 § 2, 2012). 11 A M E N D E D STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: November 16, 2017 REQUEST: Consideration to approve amendments to Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals in regards to enforcement, operational standards, communication, and zoning requirements for short-term rentals within the City of Palm Desert, including elimination of certain short-term rentals in R-1 and R-2 zones . Recommendation Rec: 1) Waive further reading and adopt Ordinance No. 1332, amending Palm Desert Municipal Code Chapter 5.10 - Short-Term Rentals (STRs), implementing best practices in management and prohibiting issuance of certain new STR permits within the R-1 and R-2 zones and eliminating certain STR permits within the R-1 and R-2 zones, including the following amendments made by City Council (Council) at the October 26, 2017, meeting: OR 2) Waive further reading and pass Ordinance No. 1332 to second reading, amending Palm Desert Municipal Code Chapter 5.10 - Short-Term Rentals (STRs), implementing best practices in management and prohibiting issuance of certain new STR permits within the R-1 and R-2 zones and eliminating certain STR permits within the R-1 and R-2 zones, including the following amendments made by Council at the October 26, 2017, meeting: a) Existing STR permits in R-1 and R-2 Zones may be renewed if otherwise qualified, but all such STR permits (excluding On-Site Owner STR Permits) shall terminate, and such uses permanently cease operation by July 1, 2019. Additional renewals for operation beyond July 1, 2019, may be granted only by the City Manager based on criteria outlined in Section 25.34.140 - "Exceptions Based on Unconstitutional Takings." b) Removing all language regarding Temporary STR permits. c) Amending violation language regarding operating a STR without a permit to read, "a fine in an amount up to five thousand dollars ($5,000) for the first citation and each additional citation, and the City having the right to refuse the issuance of any new or renewed STR permit for the cited property and/or to the cited Owner and/or Operator anywhere else within the City." d) Reporting back to the Council at a later date (not to exceed nine (9) months) regarding STR issues. November 16, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 2 of 2 Discussion On October 26, 2017, the Council approved staff's recommendation to implement new regulations for STRs related to enforcement, operations, communications, and prohibiting new STRs within the R-1 and R-2 zones. The Council amended staff's recommendation to include the following: • A sunset clause that all existing STRs within the R-1 and R-2 zones can continue to operate until July 1, 2019. (Section 5.10.070 Letter C) • Remove all language regarding the Temporary STR permit, which would have allowed a homeowner to have the option of renting their home for four (4) separate occasions totaling no more than eighteen (18) days per calendar year. • Amend the fine structure for operating a STR without a permit, to be able to fine the homeowner up to $5,000 for the first and each additional citation, and the City has the right to refuse a STR permit to that owner. (Section 5,10.120 Letter E) • To report back to the Council within nine (9) months. Additionally, the recommendation provided direction to hire a new swing shift Code Compliance Officer and to take other actions in support of an increased level of STR management. Staff has made all of the modifications to the attached ordinance (Exhibit "A"), which are highlighted in yellow. At the October 26, 2017 meeting, the Council approved the first reading of the ordinance. Given the changes made at the meeting, Council may decide to move forward at this time to adopt the ordinance at second reading (Option 1) or reintroduce the ordinance to first reading (Option 2). There are two versions of the ordinance provided: Option 1 for Adoption and Option 2 for Introduction. Staff has also attached letters received since the October 26, 2017, meeting in opposition and support of Council's decision. Q' Prepared by: Kevin Swartz, Associate Planner LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER Approved as to Form -f o✓ Ryan Stendell c Robert W. Hargreaves Dir. of Community J net oore Lauri Aylaian City Attorney Development Dir ctor of Finance City Manager ATTACHMENTS: 1. Two version (Option 1 and Option 2) of City Council Ordinance No.1332 (Exhibit "A"); amending changes to Chapter 5.10 Short-Term Rentals of the City's Municipal Code 2. Correspondences received ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 16, 2017 XII. OLD BUSINESS B. ORDINANCE NO. 1332 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 — SHORT-TERM RENTALS — IN REGARD TO ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT, INCLUDING ELIMINATION OF CERTAIN SHORT-TERM RENTALS IN R-1 AND R-2 ZONES. Rec: 2) Waive further reading and pass Ordinance No. 1332 to second reading, amending Palm Desert Municipal Code Chapter 5.10 - Short-Term Rentals (STRs), implementing best practices in management and prohibiting issuance of certain new Short-Term MtZ tZ p b Rental Permits within the R-1 and R-2 zones and eliminating certain y rA t2i n Short-Term Rental Permits within the R-1 and R-2 zones, including the •' h COC 0 following amendments made by City Council at the October 26, 2017, a tv •• t� meeting: �7 t0 Cy C7 K •• � a) Existing Short-Term Rental Permits in R-1 and R-2 Zones may be tr b renewed if otherwise qualified, but all such Short-Term Rental A Permits (excluding On-Site Owner STR Permits) shall terminate, 0 and such uses permanently cease operation by December 31 july 1, 2019. Additional renewals for operation beyond � H I December 31 Ju", 2019, may be granted only by the City M ' d Manager based on criteria outlined in Section 25.34.140 - 0 _ "Exceptions Based on Unconstitutional Takings." UJU Z b) Removing all language regarding Temporary Short-Term Rental ^` Permits. c) Amending violation language regarding operating a Short- Term Rental without a permit to read, "a fine in an amount up to five thousand dollars ($5,000) for the first citation and each additional citation, and the City having the right to refuse the issuance of any new or renewed Short-Term Rental Permit for the cited property and/or to the cited Owner and/or Operator anywhere else within the City." d) Reporting back to the City Council at a later date (not to exceed nine [9] months) regarding Short-Term Rental issues. Action: Approved Option 2, and amending Item 2a to reflect a sunset date of December 31, 2019. 3=2 (AYES: Jonathan, Kelly, and Harnik; NOES: Nestande and Weber) [OPTION 1: FOR ADOPTION] ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM RENTALS IN REGARDS TO ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT, INCLUDING ELIMINATION OF CERTAIN SHORT- TERM RENTALS IN R-1 AND R-2 ZONES WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City') by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, adoption and enforcement of regulations and other land use regulations lies within the City's police powers; and WHEREAS, the City Council established an Ad Hoc Short-Term Rental Subcommittee, comprised of industry representatives, elected officials, community members, and City staff, to review the existing ordinance and to make recommendations for changes on how the City should regulate short-term rentals; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3'd day of October 2017, hold a duly noticed public hearing to consider recommendations from the Ad Hoc Short-Term Rental Committee in regards to enforcement, operational requirements, communication, and density to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 2611 day of October, 2017, hold a duly noticed public hearing to consider two recommendations one from the Ad Hoc Short-Term Rental Committee and one from City staff amending Chapter 5.10 Short-Term Rentals in regards to enforcement, operational requirements, communication, and density of short- term rentals throughout the City, and approved staff's recommendation with clearly specified modifications, including elimination of certain Short Term Rentals in R-1 and R-2 Zones in specified time frames; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26" day of October, 2017, approve first reading of Ordinance 1332 with the previously specified changes; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the amendments to Municipal Code Chapters 5.10, are consistent with the General Plan and applicable state law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said ordinance: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: ORDINANCE NO. 1332 SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations, including the eventual elimination of certain short term rentals in R-1 and R-2 zones are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 5.10 "Short-Term Rentals" of the City's Zoning Ordinance as identified in "Exhibit A". SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that the amendments to Chapter 5.10 is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA [OPTION 2: FOR INTRODUCTION] ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM RENTALS IN REGARDS TO ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT, INCLUDING ELIMINATION OF CERTAIN SHORT- TERM RENTALS IN R-1 AND R-2 ZONES WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, adoption and enforcement of regulations and other land use regulations lies within the City's police powers; and WHEREAS, the City Council established an Ad Hoc Short-Term Rental Subcommittee, comprised of industry representatives, elected officials, community members, and City staff, to review the existing ordinance and to make recommendations for changes on how the City should regulate short-term rentals; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of October 2017, hold a duly noticed public hearing to consider recommendations from the Ad Hoc Short-Term Rental Committee in regards to enforcement, operational requirements, communication, and density to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 261, day of October, 2017, hold a duly noticed public hearing to consider two recommendations one from the Ad Hoc Short-Term Rental Committee and one from City staff amending Chapter 5.10 Short-Term Rentals in regards to enforcement, operational requirements, communication, and density of short- term rentals throughout the City, and approved staff's recommendation with clearly specified modifications, including elimination of certain Short Term Rentals in R-1 and R-2 Zones in specified time frames; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 1611 day of November, 2017, approve first reading of Ordinance 1332 with the previously specified changes; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 141h day of December, 2017, approve second reading of Ordinance 1332; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the amendments to Municipal Code Chapters 5.10, are consistent with the General Plan and applicable state law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said ordinance: ORDINANCE NO. 1332 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations, including the eventual elimination of certain short term rentals in R-1 and R-2 zones are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 5.10 "Short-Term Rentals" of the City's Zoning Ordinance as identified in "Exhibit A". SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that the amendments to Chapter 5.10 is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. 1332 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: November 16, 2017 REQUEST: Consideration to approve amendments to Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals in regards to enforcement, operational standards, communication, and zoning requirements for short-term rentals within the City of Palm Desert, including elimination of certain short-term rentals in R-1 and R-2 zones Recommendation 1. Waive further reading and pass Ordinance No. 1332 to second reading to amend Palm Desert Municipal Code Chapter 5.10 regulating Short-Term Rentals (STRs) implementing best practices in management and prohibit the issuance of new short-term rental permits within the R-1 and R-2 zones, including the following amendments made by the City Council at the October 26, 2017, meeting: • Existing Short-Term Rental Permits in R-1 and R-2 zones may be renewed if otherwise qualified, but all such Short-Term Rental Permits (excluding On-Site Owner STR Permits) shall terminate, and such uses permanently cease operation, by July 1, 2019. Additional renewals for operation beyond July 1, 2019, maybe granted only by the City Manager based on the criteria outlined in 25.34.140 "Exceptions Based on Unconstitutional Takings." • Remove all language regarding Temporary Short-Term Rental Permits. • Amend violation language regarding operating a short-term rental without a permit to read, "a fine in an amount up to five-thousand dollars ($5,000) for the first citation and each additional citation, and the City has the right to refuse the issuance of any new or renewed Short-Term Rental Permit for the cited Property and/or to the cited Owner and/or Operator anywhere else within the City." • Report back to the City Council at a later date (not to exceed nine (9) months) regarding short-term rental issues. AND 2. By Minute Motion: A. Authorize the City Manager to develop an appropriate position and add one full-time employee to the Code Compliance Division for the purpose of enhanced monitoring and enforcement of Short-Term Rental Permits, with an estimated cost of up to approximately $100,000.00 annually. November 16, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 2 of 2 B. Authorize staff to release a Request for Proposals (RFP) for operating a Short-Term Rental Hotline, and performing other compliance activities. C. Direct staff to calculate a permit fee based upon the all-inclusive cost of administering a Short-Term Rental Compliance Program, and to return to the City Council at a later date with a resolution to adopt that fee. Discussion On October 26, 2017, the City Council approved staff's recommendation to implement new regulations for STRs related to enforcement, operations, communications, and prohibiting new STRs with the R-1 and R-2 zones. The City Council amended staff's recommendation to include the following: • A sunset clause that all existing STRs within the R-1 and R-2 zones can continue to operate until July 1, 2019. (Section 5. 10.070 Letter C) • Remove all language regarding the Temporary Short-Term Rental Permit, which would have allowed a homeowner to have the option of renting their home for four separate occasions totaling no more than 18 days per calendar year. • Amend the fine structure for operating a STR without a permit, to be able to fine the homeowner up to $5,000 for the first and each additional citation, and the City has the right to refuse a STR permit to that owner. (Section 5.10. 120 Letter E) • To report back to the City Council within nine months. Additionally, the recommendation provided direction to hire a new swing shift Code Compliance Officer and to take other actions in support of an increased level of STR management. Staff has made all of the modifications to the attached ordinance (Exhibit "A"), which are highlighted in yellow. Staff has also attached letters received since the October 26, 2017, meeting in oppositio nd support of Council's decision. Prepared by: Kevin Swartz, Associate Planner LEPAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER A i as to Form Ryan Stendell 0obert . H greaves Director of Community avfet Moore Lauri Aylaian Development Director of Finance City Manager ATTACHMENTS: 1. City Council Ordinance No.1332 (Exhibit "A"); amending changes to Chapter 5.10 Short-Term Rentals of the City's Municipal Code 2. Correspondences received ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM RENTALS IN REGARDS TO ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND ZONING REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT, INCLUDING ELIMINATION OF CERTAIN SHORT- TERM RENTALS IN R-1 AND R-2 ZONES WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, adoption and enforcement of regulations and other land use regulations lies within the City's police powers; and WHEREAS, the City Council established an Ad Hoc Short-Term Rental Subcommittee, comprised of industry representatives, elected officials, community members, and City staff, to review the existing ordinance and to make recommendations for changes on how the City should regulate short-term rentals; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3'd day of October 2017, hold a duly noticed public hearing to consider recommendations from the Ad Hoc Short-Term Rental Committee in regards to enforcement, operational requirements, communication, and density to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 261h day of October, 2017, hold a duly noticed public hearing to consider two recommendations one from the Ad Hoc Short-Term Rental Committee and one from City staff amending Chapter 5.10 Short-Term Rentals in regards to enforcement, operational requirements, communication, and density of short- term rentals throughout the City, and approved staff's recommendation with clearly specified modifications, including elimination of certain Short Term Rentals in R-1 and R-2 Zones in specified time frames; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 16"' day of November, 2017, approve first reading of Ordinance 1332 with the previously specified changes; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14"' day of December, 2017, approve second reading of Ordinance 1332; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the amendments to Municipal Code Chapters 5.10, are consistent with the General Plan and applicable state law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said ordinance: ORDINANCE NO. 1332 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations, including the eventual elimination of certain short term rentals in R-1 and R-2 zones are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 5.10 "Short-Term Rentals" of the City's Zoning Ordinance as identified in "Exhibit A". SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that the amendments to Chapter 5.10 is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment. SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 16`h day of November, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 Exhibit "A" Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.10 SHORT-TERM RENTALS 5.10.010 Title. This chapter shall be referred to as the "Short-Term Rental Ordinance." (Ord. 1236 § 2, 2012). 5.10.020 Purpose. A. The purpose of this chapter is to regulate privately-owned residential dwellings used as Short-Term Rental Units, ensure that transient occupancy taxes (TOT) are paid and collected, and minimize the potential negative effects of Short-Term Rental Units on surrounding residential neighborhoods. B. This chapter is not intended to allow any residential property Owner to violate any private conditions, covenants, and restrictions applicable to the Owner's property that may prohibit the Owner from using his or her property as a Short-Term Rental Unit, as defined in this chapter. (Ord. 1236 § 2, 2012). C. The City reserves the right to change the regulations provided in this chapter at any time, including discontinuing the issuance of Short-Term Rental Units permits, notwithstanding any impacts to existing or future short-term permit holders. Anyone accepting a Short-Term Rental Units permit pursuant to this chapter acknowledges and accepts that possibility. 5.10.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section: "Actively Operating" means a short-term rental that is rented out/occupied for a total of more than 18 days per calendar year. "Apartment" means a rented room or set of rooms that is part of a residential building and is used as a place to live. "Applicable Laws, Rules and Regulations" means any laws, rules, regulations and codes (whether local, state, or federal) pertaining to the use and occupancy of a privately-owned dwelling unit as a short-term rental. "Applicant" means a person applying for a Short-Term Rental Unit permit, and a temporary Short-Term Rental Permit, or renewal of either permit. "City Manager" means the City manager of the City, or his or her designee. "Good Neighbor Brochure" means a document prepared by the City, as may be revised from time to time that summarizes the general rules of conduct, consideration and respect pertaining to the use and occupancy of Short-Term Rental Units. "Mixed Residential District (R-2)" means to provide moderate intensity and density (3.0 — 10.0 du/ac) for neighborhood development, and are characterized by a variety of housing choices and mixed-uses with buildings organized around formal and walkable streetscapes with high levels of pedestrian connectivity. "Multifamily Residential District (R-3)" means to provide suitable areas for moderate to higher intensity and density (7.0 — 40.0 du/ac) for residential development and small- scale commercial activity, and is characterized by higher density residential development and mixed-uses in proximity to retail commercial services with buildings organized around formal streetscapes with a variety of plazas and other pedestrian amenities and open spaces that are highly connected to surrounding development. "Operator' means an individual or business entity who is designated as the Owner's agent to act on the Owner's behalf to insure compliance with this Chapter. "Operator" may be the "Owner." "On-Site Owner Short-Term Rental" means a Short-Term Rental Unit where an Owner who is living and present within the main unit during the rental duration rents one (1) or more bedroom(s) or a detached/attached casita. "On-Site Owner Short-Term Rental Permit" is a permit issued for an "On Site Owner Short-Term Rental." "Owner" means any person or entity having fee-title ownership and/or appearing on the last equalized assessment roll of Riverside County showing controlling interest of the Short-Term Rental Unit. "Planned Residential District (P.R.)" means to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities, and is characterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes. 2 "Property" means the actual single-family house or other residential dwelling unit, including all of its improved real property, which is used as a short-term residential rental. "Responsible Person" means a Short-Term Rental Unit occupant who is at least 25 years of age and who is legally responsible for ensuring that all occupants of the short-term rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit. "Short-Term Rental Permit" is a permit for a Short-Term Rental Unit. "Short-Term Rental Unit" means a privately-owned residential dwelling (not a hotel, motel, or timeshare), including, without limitation, a single-family detached or multiple- family attached unit (not including apartments), second unit dwelling, lodging or rooming house, condominium, duplex, triplex, quadplex, mobile home or house trailer at a fixed location, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than 27 consecutive days. "Single-Family Residential District (R-1)" means to encourage the preservation and development of traditional residential neighborhoods, and provides for low intensity development (2.0 — 8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. "Transient" means any person who seeks to rent or who does rent a privately-owned residential unit for a period less than 27 consecutive days. "Transient Occupancy Registration Permit" means a permit that allows the use of a privately-owned residential dwelling as a short-term rental unit pursuant to the provisions of Chapter 3.28, Transient Occupancy Tax, respectively. (Ord. 1236 § 2, 2012). "Transient Occupancy Tax" means the tax levied by the City in accordance with Chapter 3.28 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the rental of sleeping accommodations to the public. 5.10.040 Authorized agent or representative. A. An Owner shall designate an Operator to act on the Owner's behalf to insure compliance with the requirements of this chapter. B. Notwithstanding subsection `A', the Owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, regardless of whether such noncompliance was committed by the Owner or Operator or the occupants of the Owner's short-term rental unit or their guests. 3 5.10.050 Short-Term Rental Permit; On-Site Owner Short-Term Rental Permit - Required. An Owner must obtain one of the following types of Short-Term Rental Permits and a Transient Occupancy Registration Permit prior to advertising or renting any privately- owned residential dwelling to any transient for a period less than 27 consecutive days: A. Short-Term Rental Permit. B. On-Site Owner Short-Term Rental. 5.10.060 Short-Term rental permit for all types - Application and processing requirements. A. The applicant must submit the following information on an application form provided by the City: 1. The name, address, valid email address, and telephone number of the Owner of the subject short-term rental unit. 2. The name, address, valid email address, and telephone number of the Operator of the subject Short-Term Rental Unit. 3. The address of the proposed short-term rental unit. 4. The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit. 5. Acknowledgement of receipt and inspection of a copy of the Good Neighbor Brochure. 6. Mailing labels from a title company for all owners of property within 200 hundred feet of the proposed Short-Term Rental Unit's property line. Mailing labels are not required for properties located within the P.R. zone. 7. Other information as the City Manager deems reasonably necessary to administer this chapter. B. A Short-Term Rental Permit will not be granted for properties that do not qualify under Section 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones. C. Short-Term Rental Permits shall not be issued where short-term rentals are prohibited by covenants, conditions, and restrictions (CC&Rs) that clearly prohibit such use. For units located in any area governed by a homeowners' association or community association (association) and subject to CC&Rs, the applicant must additionally submit a copy of a letter to the association's governing board stating the applicant's intent to operate a Short-Term Rental Unit and inviting the association to submit a letter to the City stating that: 1) the CC&Rs do not regulate such short-term rentals; 2) short-term rentals are not prohibited at the proposed unit by the CC&Rs; or 3) that the CC&Rs do not allow short-term rentals as defined herein. If the Owner contests the association's determination 4 that short-term rentals are not allowed, the Owner shall submit a copy of the CC&Rs to the City. The City shall provide an opportunity for the Owner and the association to be heard based on the evidence submitted. The decision of the City Manager shall be final. D. For units subject to CC&Rs but not within an association, a copy of the CC&Rs shall be submitted to the City to determine whether short-term rentals are either not regulated or not clearly prohibited by the CC&Rs. E. Upon the issuance of a new Short-Term Rental Permit and a renewal permit, excluding the P.R. zone, the City shall mail a notice to the owners and occupants of all residences within 200 hundred feet of the property line of the rental unit notifying the occupants that a Short-Term Rental Permit has been issued and providing information regarding how to lodge complaints (a copy of Good Neighbor Brochure, and the 24-hour contact person's name and telephone number) regarding the Short-Term Rental Unit. F. A short-term rental permit application shall be accompanied by payment of an application processing fee established by resolution of the City Council. G. Within 30 days of a change of property ownership, change of Operator, or any other change in material facts pertaining to the information contained in the Short-Term Rental Permit, the Operator shall submit an application and requisite application fee for a new short-term rental permit, if continued short- term rental is desired, which permit must be obtained prior to continuing to rent the subject unit as a Short-Term Rental Unit. H. A Short-Term Rental Permit shall not be issued or renewed if there are unresolved City code compliance cases, outstanding City fines or fees, or City liens on the property. I. A Short-Term Rental Permit must be renewed annually to remain valid. Failure to renew a Short-Term Rental Permit within 30 calendar days of the expiration date will result in the Short-Term Rental Permit being terminated. J. Short-Term Rental Permit renewals are subject to any intervening changes in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer qualifies under the requirements of this chapter, unless specifically exempted therefrom. A Short-Term Rental Permit shall not be renewed if the unit has not been Actively Operating in the prior calendar year. An Owner or Operator that is denied a renewal for failure to actively operate may apply for a new Short-Term Rental Permit, if otherwise qualified under this chapter. K. A Short-Term Rental Permit shall not be granted for apartments, as defined in this chapter. 5 L. The City may conduct an inspection of the Short-Term Rental Unit prior to issuing a new permit and prior to issuing any renewal permit. M. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit suspended or revoked. N. The Tax Administrator, as defined in Section 3.28.020(E), shall issue the short-term rental permit, which will incorporate a transient occupancy registration permit, as provided in Section 3.28.060, if the applicant satisfies the requirements of this chapter and Chapter 3.28. 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones. The City shall prohibit the issuance of new Short-Term Rental Permits within the R-1 and R-2 zones of the City as described below. These requirements do not apply to Temporary Short-Term Rental Permits and On-Site Owner Short-Term Rental Permits. A. A new Short-Term Rental Permit within the R-1 zone will not be issued. B. A new Short-Term Rental Permit within the R-2 zone will not be issued. C. Existing Short-Term Rental Permits in R-1 and R-2 zones may be renewed if otherwise qualified, but all such Short-Term Rental Permits shall terminate, and such uses permanently cease operation, by July 1, 2019. Additional renewals for operation beyond July 1, 2019, maybe granted only by the City Manager based on the criteria outlined in 25.34.140 "Exceptions Based on Unconstitutional Takings." D. If an existing permit is revoked pursuant to this chapter, and the Short-Term Rental Unit is located in the R-1 or R-2 zones, then a new permit will not be issued. 5.10.080 On-Site Owner Short-Term Rental Permit — Additional application and processing requirements. A. The Owner shall demonstrate regular occupancy, which may be by neighbor verification or other means sufficient, in the discretion of the Tax Administrator, to demonstrate regular and continuous owner-occupancy prior to and during the rental period. 5.10.090 Operational requirements for all types of Short-Term Rental Permits. A. While a Short-Term Rental Unit is rented, the Operator shall be available 24 hours a day, seven days a week for the purpose of responding within 30 minutes to complaints regarding the condition, operation, or conduct of occupants or guests of the Short-Term Rental Unit. 6 B. Upon notification that the Responsible Person and/or any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, the Operator shall promptly respond within 30 minutes in an appropriate manner to immediately halt or prevent a recurrence of such conduct by the Responsible Person and/or any occupants and/or guests. Failure of the Operator to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the Short-Term Rental Unit within 30 minutes and in an appropriate manner shall render the Operator subject to all administrative, legal and equitable remedies available to the City, up to and including Short- Term Rental Permit revocation. C. The Operator shall post the current short-term rental permit number on, or in, any advertisement appearing in any newspaper, magazine, brochure, television trade paper, Internet website, etc., that promotes the availability or existence of a short-term rental unit in a place or location deemed acceptable by the City Manager. In the instance of audio-only advertising of the same, the short-term rental permit number shall be read as part of any advertising. The following shall be clearly identified in any advertisement: 1) the maximum overnight occupancy of the Short-Term Rental Unit; 2) requirements for compliance with the City's noise standards and regulations; and 3) a statement that the Short-Term Rental Unit occupants shall respect the neighbors' privacy and enjoyment of their property. D. The Operator shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental unit do not create unreasonable noise in violation of Palm Desert Municipal Code, (PDMC,) Chapter 9.24, Noise Control or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit. The short-term rental unit shall be used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including Chapter 3.28. (Transient Occupancy Tax.) E. Occupants of the short-term rental unit shall comply with all standards and regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. F. Minimum Number of Days and Nights for Rent or Lease. The minimum duration of a short-term rental unit is three days, two nights. Less than three-day, two-night rentals or leases are prohibited. G. Maximum Number of Occupants. The maximum number of overnight guests and residents for a short-term rental unit shall not exceed two persons per bedroom. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 7 p.m., with the additional maximum daytime guests not to exceed two persons per bedroom with a maximum of 20 guests allowed for five bedrooms or more. The following table illustrates the maximum number of occupants. If the use is On-Site Owner Short-Term Rental, the Owner shall be deemed to occupy at least one bedroom, which shall diminish the number of bedrooms for overnight guests accordingly: Number of Total of Overnight Occupants Total Daytime Bedrooms Occupants (Including Number of Overnight Occupants) 4 _ -_2 -- 4 8 3 6 12 4 8 16 5 10 20 6 12 20 7 14 20 H. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism. I. No property use shall cross over any property line. J. All parking associated with a short-term rental unit shall be entirely on-site, in the garage, carport, and driveway or otherwise off of the public street. K. The City Manager shall have the authority to impose additional conditions on the use of any given short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated. L. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the City's authorized waste hauler, and only on scheduled trash collection days. The Operator shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.16 (Solid Waste) of the PDMC. M. Unless otherwise provided in this chapter, the Operator shall comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but not limited to, submission of a monthly TOT return in accordance with Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the short-term rental unit was not rented during each such month. 8 5.10.100 Procedures for operators and renters. A. Prior to occupancy of a short-term rental unit the Operator shall: 1. Meet and greet the Responsible Person on-site and obtain his or her name, address, and a copy of a valid government identification. 2. Provide the Responsible Person a copy of the Good Neighbor Brochure. 3. Provide the Responsible Person information about the short- term rental regulations. 4. Require such Responsible Person to execute a formal acknowledgement in the form acceptable by the City that he or she is legally responsible for compliance of all occupants of the short-term rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental unit. This information shall be maintained by the Operator for a period of three years and be made readily available upon request of any officer of the City responsible for the enforcement of any provision of the PDMC or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit. 5. Provide the Responsible Person with the Operator's 24-hour availability information. 6. Provide the Responsible Person a copy of the maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. 7. Post a copy of the short-term rental permit and a copy of the Good Neighbor Brochure in a conspicuous place within the short-term rental unit. 8. Provide the Responsible Person a copy of trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. 9. Provide the Responsible Person a copy of the PDMC, Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. 10.Explain to the Responsible Person that the occupant and Owner may be cited or fined by the City in accordance with this chapter and/or Chapter 9.24, Noise Control, and Chapter 9,25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events, and 11.Provide a copy that no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from beyond the property boundaries of any short-term rental unit between the hours of 10:00 p.m. and 10:00 a.m. 5.10.110 Recordkeeping duties. The Operator shall maintain for a period of three years, records in such form as the Tax Administrator (as defined in, and required by, Chapter 3.28) may require to determine the amount of TOT owed to the City. The Tax Administrator shall have the 9 right to inspect such records at all reasonable times. Such records shall be maintained at the Owner or Operator's premises or shall be available for delivery to the Tax Administrator within one week after request, which may be subject to the subpoena pursuant to Section 3.28.110. (Ord. 1236 § 2, 2012). 5.10.120 Violations. A. Additional Conditions. A violation of any provision of this chapter by any of the occupants, Owner(s) or the Operator shall authorize the City Manager to impose additional conditions on the use of any given short-term rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter by any of the occupants, Owner(s) or the Operator shall constitute grounds for modification, suspension and/or revocation of the Short-Term Rental Permit and/or any affiliated licenses or permits pursuant to the provisions set forth in this chapter. 1. Whenever any Operator fails to comply with any provision of this chapter, the City Manager upon hearing, after giving the Operator and/or Owner 10 days' notice in writing specifying the time and place of hearing and requiring him or her to show cause why the short-term rental permit should not be revoked, may modify, suspend or revoke the permit held by the Operator. 2. The City Manager shall give to the Operator and/or Owner written notice of the modification, suspension or revocation of the permit. The notices required in this section may be served personally or by mail. 3. The Tax Administrator shall not issue a new short-term rental permit after the revocation of a permit unless he or she is satisfied that the former holder of the permit will comply with the provisions of this chapter and the unit complies with Section 5.10.070 Short-Term Rental Permit — Additional application and processing requirements. During the period of time while such a permit is suspended, revoked or otherwise not validly in effect, the use of the dwelling as a Short-Term Rental Unit is prohibited. C. Notice of Violation. The City may issue a notice of violation to any occupant, Owner(s) or Operator, pursuant to this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Administrative Citation. The City may issue an administrative citation to the property Owner(s) pursuant to Chapter 8.81 (Administrative Citation) of the municipal code if there is any violation of this chapter committed, caused or maintained. Nothing in this section shall preclude the City from also issuing an infraction citation upon the occurrence of the same offense on the same day to any occupant, Owner(s) or the Operator. Unless otherwise provided herein, any 10 person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to: 1) an administrative fine in an amount not to exceed one-thousand dollars ($1,000) for the first citation; 2) an administrative fine in an amount not to exceed three-thousand dollars ($3,000) for a second citation issued for the same offense within a 12-month period of the date of the first offense; and 3) a fine in an amount not to exceed five-thousand dollars ($5,000) and an immediate revocation of the Short-Term Rental Permit for a period of two years for the third citation within a 12-month period of the date of the first offense. If the property is zoned R-1 or R-2, then Section 5.10.070 Short-Term Rental Permit — Prohibited in R-1 and R-2 zones applies. E. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to a fine in an amount up to five- thousand dollars ($5,000) for the first citation and each additional citation, and the City has the right to refuse the issuance of any new or renewed Short-Term Rental Permit for the cited Property and/or to the cited Owner and/or Operator anywhere else within the City. F. Infraction. The City may issue an infraction citation to any occupant, Owner(s) or Operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code Violations, including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any of the above parties. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: 1) a fine in an amount not to exceed one-thousand dollars ($1 ,000) for a first conviction of an offense; 2) a fine in an amount not to exceed three-thousand dollars ($3,000) for a second conviction of the same offense within a 12-month period of the date of the first offense; and 3) a fine in an amount not to exceed five-thousand dollars ($5,000) for the third conviction of the same offense within a 12-month period of the date of the first offense. G. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 9.24, Noise Control, and Chapter 9,25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events. (Ord. 1236 § 2, 2012). 11 1332 STAFF REPOR MEETpla DATL /C} tr _ ' c I'7 _ CITY OF PALM DES RT COMMUNITY DEVELOPMENT EfE�A 'TC_ - l!--- -- ------ MEETING DATE: October 26, 2017 REQUEST: CONSIDERATION TO APPROVE ONE OF THE RECOMMENDATIONS BELOW REGARDING THE PROPOSED AMENDMENTS TO CHAPTER 5.10 SHORT-TERM RENTALS FOR ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND DENSITY REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT. Recommendation 1. Waive further reading and pass to second reading either option "A" or "B" (below) of Ordinance No. 1332 to amend Palm Desert Municipal Code Chapter 5.10 regulating Short-Term Rentals (STRs): A. Ad Hoc Committee Recommendation (Prior to Commencing Public Hearing Process): (Version One). Amending Chapter 5.10 Short-Term Rentals to implement best practices in management and creating a buffer/separation of 500 feet within the Residential Single-Family (R-1) zone and a buffer/separation of 300 feet within the Residential Mixed- Family (R-2) zone. OR B. Staff Amended Recommended Alternative (Post Planning Commission Meeting): (Version Two). Amending Chapter 5.10 Short-Term Rentals to implement best practices in management and prohibit the issuance of new short-term rental permits within the R-1 and R-2 zones. All existing short-term rental permits will be allowed to continue to operate as long as they comply with Chapter 5.10. AND 2. By Minute Motion: A. Authorize the City Manager to develop an appropriate position and add one full-time employee to the Code Compliance Division for the purpose of enhanced monitoring and enforcement of Short-Term Rental Permits, with an estimated cost of up to approximately $100,000.00 annually. October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 2 of 12 B. Authorize staff to release a Request for Proposals (RFP) for operating a Short-Term Rental Hotline, and performing other compliance activities. C. Direct staff to calculate a permit fee based upon the all-inclusive cost of administering a Short-Term Rental Compliance Program, and to return to the City Council at a later date with a resolution to adopt that fee. Executive Summary Approval of either the Ad Hoc Committee's or Staff's recommendation would implement new regulations for STRs related to enforcement, operations, and communications, with two options on how to handle density/compatibility issues. The Ad Hoc Committee's recommendation would create a buffer strategy in single-family neighborhoods (R-1 & R-2), while staff's amended recommendation would deem STRs incompatible within single-family neighborhoods (R-1 & R-2). Staff's amended recommendation was formed through public testimony, during which it became evident that residents are no longer happy with the quality of life provided by the STR uses allowed by the City. Additionally, both recommendations provide direction to hire a new swing shift Code Compliance Officer and to take other actions in support of an increased level of STIR management. Planning Commission Recommendation On October 3, 2017, the Planning Commission conducted a public hearing and heard testimony from approximately 40 individuals regarding STRs. The majority of the speakers were residents from south Palm Desert within the R-1 zone who are opposed to STRs. The smaller percentages of the speakers were individuals from property management companies, realtors, agencies within the Valley, and people in favor of STRs. After the public hearing concluded, the Planning Commission deliberated and could not agree on a recommendation. Staff has summarized their comments below.- Chairperson DeLuna: She stated that a home is the possession about which people are most passionate. She also stated that the climate in the desert is changing with the festivals and tennis tournament, and the City needs to change in a responsible way to protect citizens, and at the same time people need to understand that the City had lots of issues with unpermitted STRs. She believed if the City is too strict, then it will force people to operate STRs underground and then the City will not have the policies to regulate them. She felt sympathetic for the residents' distress within the R-1 zone and stated that most of their complaints are enforcement issues. If the City increased their enforcement and procedures, then that should help. She believed that the City would need to find common ground and enforcement should help. She supported the ordinance with increased enforcement. October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 3 of 12 Vice Chair Pradetto: He stated the STR permit fee should be much higher than $26. He believed that the fees should cover enforcement and not transient occupancy tax (TOT). He also stated that he had sympathy for the residents who have lost sleep, and believed the City needs to give residents their sleep back. He stated that the City needs to take some time to learn from other jurisdictions. He believed the investors who do not live within Palm Desert should not be able to comment since they have no ties to the community. He was comfortable with the proposed on-site owner STR and temporary STR permits, as long as they are year-round residents and not seasonal. He would support to elimination of STRs within the R-1 and R-2 zones; however, possibly STRs could remain, subject to a Conditional Use Permit (CUP). Commissioner Gregory: He stated it is troubling to see homeowners this upset. The intent of neighborhoods is for people to live there. Many individuals are making money off STRs, which is wrong because they are changing the neighborhood and they are making money off infrastructure that is already there. Neighborhoods should be where people know each other. He believed that the issue started in 2012 when the City Council allowed STRs without knowing what impact they would have. They have become a problem because they have created stress for many homeowners, which is not right. He stated a small percentage of homes within the R-1 and R-2 zones have been rented out and are causing the most problems, and STRs within the R-1 and R-2 zones are not appropriate. He also recommended that the minimum night stay be increased to 30 nights where those renters can interact within the neighborhood. He had no concerns with on-site STR owners. He was comfortable with STRs within Planned Residential (PR) communities since they are considered different, and homeowners' associations (HOA) should be able to decide what is best for their private community. Commissioner Greenwood.- He was uncomfortable with STRs within the R-1 and R-2 zones based upon the testimony from residents. He stated that with most problems, once you define an issue you can solve it. If the City had the proposed enforcement policies in place from the beginning, the opinion on this matter may have been different. He recommended that the existing moratorium on STRs remain in effect within the R-1 and R-2 zones for a minimum of one full season. He stated the community has been significantly affected by STRs, and the City has not had the necessary policies and enforcement tools in place to deal with the issue. It would be premature to add to the issue without having control on the existing permits that are in place. He would like to see the City enact and try the proposed enforcement policies to see if they make a difference and if it changes the opinion of the residents. He also recommended that the length of stay should be studied and be a minimum of five to seven nights. October 26, 2017 — Staff Report Chapter S.10 Short-Term Rentals (STRs) Page 4 of 12 He agreed with the registration and communication policies within the ordinance, especially the check-in. He stated that residents have been through a lot and the moratorium will allow the City to look at parking, how many Code Compliance Officers are needed, and the density of STRs. He was comfortable with STRs within PR communities, and HOAs should be able to decide what is best for their private community. He also agreed that on-site owner STR permits should be allowed in all zones, but had a concern that some will rent their home and stay in town at a friend's house, and if a situation occurred they would run home. Commissioner Holt: She stated residents should not be burdened with a congregation of STRs within their neighborhood and the City needs to alleviate them. The City should have zero tolerance for owners who violate the City's codes and ordinances. She would like to see owners be fined multiple times during one weekend. The City allows party homes, which cause neighbors multiple sleepless nights. She understood why people buy in south Palm Desert because it is quiet. She believed once enforcement is heavier and people know about the enforcement, then STR enforcement should become easier. She would like to see the limit of daytime occupants reduced, see home inspections, and an on-line tracking system for complaints. She would also like to look at a limited number of STRs an owner can have and limit the number of STRs within the R-1 and R-2 zones. The City should have at least two Code Compliance Officers year-round, especially during the festivals. She understood the STR owners' need to make money and the TOT that the City collects; however, homeowners should come first. The City should review the ordinance within six months to a year to make sure that the City is doing their job with complaints, the hotline, and enforcement. She also stated if an owner or renter threatens a neighbor then that should be punishable as well. Ad Hoc STR Subcommittee Recommendation The Committee met on four separate occasions, with the internal City group forming the original 19-member committee on February 2, 2017. The Committee recommended the proposed ordinance (Version One), which was released to the general public on September 1, 2017. Below are the amendments that this ordinance would make to the existing ordinance: • Enforcement/Penalties (increasing fines, implementing a three-strike rule, and adding a swing shift Code Compliance Officer). • Operational Requirements (requirements of owners and renters to meet and greet, and to limit changes to the character of the neighborhood). • Communication (establish guidelines for the neighborhood, renter, and owner communication). October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 5 of 12 • Density (implement a separation requirement of 500 feet within the R-1 zone and 300 feet within the R-2 zone). This issue did not have a clear consensus. • Creation of the on-site owner STR and a temporary STR (18 days per year) permits. The Committee generally supported all aspects of the amendments except the buffer/separation requirements. Many members, especially in south Palm Desert, lobbied for a complete ban of STRs within the R-1 zone, while other members requested all property owners to have the right to market their home as a STR, if they desired. Staff ultimately proposed the buffer/separation requirements as a compromise between the two groups. Hotel and Signature Events Committee On October 4, 2017, staff met with the Hotel and Signature Events Committee (Hotel Committee) regarding their review on STRs. Members of the Hotel Committee stated that they do view each STR as a competing hotel room, but also acknowledged that not all STR guests are hotel customers. Members of the Hotel Committee stated the number of STRs (1,228) within the City is not ideal but it is tolerable, and more may pose a concern. The Hotel Committee stated that people are traveling differently because of STRs, and admitted that the hotel industry needs to update their product in order to capture that traveler. The main concern for the hotel industry is that STRs should be held to the same standards that hotels are in regard to rules and regulations. Hotels have to comply with the American's with Disabilities Act (ADA) where STRs do not. Hotels must have on-site security guards and staff members, regulations for pool hours, zoning regulations, and building code requirements, where STRS do not. Since STRs are considered hotels; they should be held accountable. Background Analysis In 2012, the City Council added Chapter 5.10 Short-Term Rentals creating the current Short-Term Rental Ordinance, and repealed requirements of STRs from Chapter 25 - Zoning that required a Conditional Use Permit (CUP). The creation of the STR Ordinance was the first time that homeowners could rent their home for less than 27 consecutive days with a three-day, two-night minimum stay, without going through a public hearing to obtain a CUP. STRs have grown rapidly throughout the nation and within the Coachella Valley. Property owners are legally required to obtain a permit from the City to utilize their property as a STR. There are currently many required steps, including providing a 24-hour contact and acknowledging receipt of the "Good Neighbor Brochure" prior to renting a residence. There are approximately 1,228 permitted STR units currently operating in the City, and the City's Code Compliance Division is tasked with enforcing and managing the requirements of the license. October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 6 of 12 Over the last two years, there has been a general uptick in permit issuance. STRs have become a popular way for owners and investors to convert single-family homes into significant revenue generators. While this is good for some, it is causing a disturbance for many homeowners within the R-1 and R-2 zones. Residents have become increasingly vocal in asserting that STRs are ruining their quality of life and changing the character of their neighborhoods. Because of this and the recent STR regulatory activity in neighboring cities, on January 12, 2017, the City Council established a 45-day temporary moratorium on the issuance of STRs. The Council also directed staff to form a committee and appointed Councilmembers Kelly and Nestande to participate in that committee. On February 2, 2017, City staff formed and met with the internal committee and discussed the formation of a 19-member stakeholder task force consisting of the following: • Rental Companies/Property Managers —Two members • HOA Presidents/Members—Two members • Homeowners within an HOA—Two members • Homeowners not within an HOA—Three members • Hotel Industry—Two members • Realtors —Two members • City representatives — Staff from Planning, Code Compliance, Finance, and the City Manager's office. On February 23, 2017, the City Council extended the temporary moratorium on the issuance of STRs city-wide for an additional ten (10) months and fifteen (15) days. The Council directed staff to open the Committee to the public and listen to their input regarding STRs, and come back to the Council with a recommendation. On March 2, 2017, the City held the first Committee meeting. Staff stated during the meeting that the goal was to balance the expedience of this process with hearing all parties' concerns prior to making a recommendation to the City Council. After the March 2 meeting, City staff concluded that there were four (4) main topics (Enforcement/Penalties, Operational Requirements, Communication, and Density), requiring further study. During the next three Committee meetings, which occurred on April 6, April 20, and July 6, the four topics emerged as the primary issues. The following were discussed for each: 1. Enforcement/Penalties • Heavier fines for owners, renters, and management companies. • Three (3) strikes within a year result in loss of the permit. • The need for one to two Code Compliance Officers working the later hours, especially Thursday through Sunday nights. • The hotline number is not an effective tool for prompt resolution. October 26, 2017— Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 7 of 12 2. Operational Requirements for property owners and renters • A meet and greet at the home between the owner and renter to review all the rules and explain it is not a party home. • Posting of all City ordinances and Good Neighbor Brochure in plain sight. • Execution of a formal acknowledgement from the guest demonstrating that they are aware of all rules and regulations. 3. Communication • Notify adjacent neighbors of which homes are STRs. • Provide neighbors with the Good Neighbor Brochure and hotline number. 4. Density • Allow STRs only in gated areas. • Do not allow STRs in R-1 and R-2 zones. • Create a buffer around each existing STR. • Consider capping the number of STRs in each neighborhood. The comments that were discussed during the Committee meeting came from approximately 70 people. Staff found that the group has strong differences on how they viewed and defined STRs. However, they all seemed to agree upon approaches to three of the main categories: Enforcement/Penalties, Operational Requirements, and Communication. Proposed approaches in the Density category never seemed to resonate with anyone, because they didn't solve or meet everyone's concerns or agendas. After the July 6, 2017, Committee meeting, staff thanked the Committee for their input and began to draft an ordinance to take through the public hearing process. Analysis The City currently has 1,228 STRs, and they are divided up into four residential zoning districts. Below is a chart showing the zoning districts, total number of residential units within each district, total number of STRs, and percentages for each district. Zoning Total Residential Total STR Permits Percentage of Designation Units STRs P.R. 24,010 840 3.5% R-1 3,977 212 5.3% R-2 1,893 64 3.4% R-3 1,667 46 2.7% Committee's and Staff's ioint recommendations The recommendations of the two groups (Committee and staff) agree on the proposed ordinance for the first three categories, except for three minor alterations that are discussed below regarding mailing notifications to property owners, responsible person's minimum October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 8 of 12 age, and timeframe of change of ownership. Below are the proposed amendments for the first three categories: Enforcement/Penalties The Committee and staff agree on this topic and believe that the City needs to increase its enforcement efforts. The Committee and staff are proposing to increase the fines for any type of violation. The fines will extend to the operator, occupant, and owner. The existing ordinance has fines in the amount of $250, $500, and $1,000. The proposed fines are as follows: • First citation is $1,000. • Second citation for the same offense within a 12-month period of the date of the first offense is $3,000. • Third citation within a 12-month period of the date of the first offense is $5,000 and an immediate revocation of the STR permit for a period of two years. The recommendation also includes increasing the fines for violators who are operating a STR without a valid permit. The existing ordinance has fines in the amount of $250, $500, and $1,000. The proposed fines will be as follows: • First citation - $1,000. • Second citation or subsequent citation - $5,000, and the City has the right to refuse the issuance of any future STR permit to the same owner within the City. Currently, the City's Code Compliance Division enforces regulations for all existing STRs. The City also contracts with a consultant, who is tasked with searching websites for non- permitted STRs. The City also contracts with another consultant, who manages a hotline number where neighbors can call 24/7 for complaints. The dispatcher then notifies the owner or operator of the STR and they have 60 minutes to notify the renter of the complaint. City staff has heard on several occasions that the hotline number is not effective, because sometimes it is a recording, and there is no verification whether the complaint was resolved until the next business morning. The Committee and staff believe that responding in 60 minutes is too slow. Both are proposing that the owner/operator must be available 24 hours a day, seven days a week for the purpose of responding within 30 minutes to complaints regarding the condition, operation, or conduct of occupants or guests of the STR Unit. Additionally, it has been suggested that the City hire a full-time Code Compliance Officer who works Wednesday through Sunday from 6:00 p.m. to 2:00 a.m. This officer would be able to respond immediately and assess the reported violation. Because of the irregular seasons and hours during which complaints are received, an effective response team cannot be formed simply by hiring a large number of year-round code compliance officers. It will be necessary to supplement the permanent code compliance team with part-time, seasonal workers, either through an outside vendor or through temporary staff. October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 9 of 12 Operational and Communication Requirements These two categories were combined because the Committee and staff agree that the current ordinance lacks accountability of the owners, operators, and renters. Below is a summary of proposed amendments: Prior to occupancy of a STR unit the operator must do the following: • Meet and greet the renter on-site and obtain his or her name, address, and a copy of a valid government-issued identification. • Provide the renter with a copy of the Good Neighbor Brochure. • Provide the renter with information about the STR regulations. • Require the renter to execute a formal acknowledgment in the form acceptable by the City that he or she is legally responsible for compliance of all occupants of the STR unit and their guests, with all applicable laws, rules and regulations pertaining to the use and occupancy of the STR unit. Provide the Responsible Person with the Operator's 24-hour availability information. • Provide the renter with a copy of the maximum number of overnight occupants and the maximum number of daytime occupants as permitted pursuant to the chapter. • Provide the Responsible Person with a copy of trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. • Include in the Good Neighbor Brochure that no music will be played outdoors after 10:00 p.m. Lastly, the Committee and staff are proposing that, upon the issuance of a new STR permit and a renewal permit, the City mall a notice to the owners and occupants of all residences within 200 hundred feet of the property line. The notice will provide information regarding how to lodge complaints (a copy of the Good Neighbor Brochure, and the 24-hour contact person's name and telephone number) regarding the STR unit. The owner will be required to supply the City with the mailing labels as part of the application process. Staff's three minor amendments to the Committee's Recommendation • Section 5. 10.030 Definitions "Responsible Person"states that the occupant must be at least 21 years of age. Staff has heard that the industry renting standard age is 25 years old. Staff is recommending increasing the minimum age from 21 to 25 years old. • Section 5.10.060 Short-Term Rental permit for all types Letter D, states upon issuance of a new and renewal STR permit that the City shall notify owners within 200 feet. Staff is recommending to exclude STR permits that are located within the Planned Residential zones (which are primarily gated communities with HOAs). • Section 5.10.060 Short-Term Rental permit for all types Letter F, states that property ownership or operator changes most be reported within 14 days. Staff is recommending increasing the timeframe to 30 days. October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 10 of 12 Density/Allowable Zoning Districts This concept was the most discussed and emotional topic during the Committee meetings and at the Planning Commission meeting. It was also the most divided topic and a cohesive decision or resolution was not established. Based on these opposing views, staff and the Committee drafted an ordinance that represented a compromise between all groups. Since the public hearing before the Planning Commission, staff has created an amended recommendation and has provided a comparison below: Ad Hoc Committees recommendation Although even the Committee members could not reach consensus, they agreed to put forward an ordinance with a buffer/spacing within the R-1 and R-2 zones on the issuance of new STR permits. All existing permitted STRs within the R-1 and R-2 zones would be allowed to continue to operate as long as they are in compliance with the ordinance. Below is the proposed language. • A new STR permit within the R-1 zone will not be issued if the rental unit is located within 500 feet of any existing actively operating STR unit. • A new STR permit within the R-2 zone will not be issued if the rental unit is located within 300 feet of any existing actively operating STR unit. • The buffer/spacing distances shall be measured from each property line. • The City shall maintain a current map of all STR unit locations. • If an existing permit is not renewed, then a new permit will not be issued if the unit falls within the buffer. • If an existing permit is revoked and the STR unit is located in the R-1 or R-2 zones, then a new permit will not be issued unless the unit is not located within a buffer. As stated previously, this concept never gained high levels of support as it was presented to the community. STR operators claim it is a quasi-moratorium, and community members state that it does not go far enough to fix what is seen as a use that is "out of control." Staff's Amended Recommendation After careful study of all public input, staff believes that the proposed buffer/separation requirements do not address the underlying question of whether or not STRs are compatible within single-family zones (R-1 & R-2). Staff also believes that when the City Council allowed STRs in 2012, they did not foresee the boom that the STR industry would experience. The moratorium has allowed staff to study the impacts of STRs within the community and has allowed residents to voice their concerns. Staff has heard from hundreds of residents (mainly within south Palm Desert and Palm Desert Country Club) who state that their quality of life is suffering, and many have stated that they wish to move out of Palm Desert. Based on the Planning Commissioners' comments and public testimony, staff believes that prohibiting new STRs within the R-1 and R-2 zones is the correct course of action. Staff recommends allowing all existing STRs within those zones to continue to operate as long as October 26, 2017 — Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 11 of 12 they are compliant with Chapter 5.10. The proposed enforcement will remove the lax operators and will allow the responsible owners to continue to operate in a respectful manner. Staff believes attrition will yield a lower number of total permits within the single- family zones. Staff has observed that STRs are generally compatible in Planned Residential (P.R.), and Residential Multiple-Family (R-3) zoning designations, as most of these communities have some form of governing association. Staff has attempted to create an ordinance that would support these communities in managing STRs. Several gated communities have indicated that STRs are working since most of the clubs are set up to operate as a resort with swimming pools, security services, golfing, and clubhouse amenities. The bulk of the existing permitted STRs are located within the P.R. zone, and there are ample growth opportunities. Two new STR permit types Regardless of which recommendation the City Council chooses, both the Committee and staff recommend implementing two new types of STR permits. Both types of permits would offer residents within the R-1 and R-2 zones STR options. Temporary STR Permit The temporary STR permit would allow for a homeowner to have the option of renting their home for four separate occasions totaling no more than 18 days per calendar year. This would allow for homeowners to capture the rental business during festivals and the tennis tournament, if they desire. This permit still requires all additional information as outlined within the proposed ordinance, including paying the transient occupancy tax. On-Site Owner STR Permit This permit pertains to an owner who is living in and present within the main unit to rent one (1) or more bedroom(s), or a attached/detached casita. This permit still requires all additional information as outlined within the proposed ordinance, including paying the transient occupancy tax. The owner must also demonstrate regular occupancy during the rental period, which may be by neighbor verification or other means sufficient to the City. Summary The proposed amendments provide guidance and regulations for how STRs are regulated and operated within the City. The proposed amendments do not address all comments that staff received. The Committee and staff agreed on three of the main categories (Enforcement/Penalties, Operational Requirements, and Communication); however, could not reach consensus on Density. Staff has put forth the amended recommendation in the belief that the City's primary role is to define uses within each zoning district. STRs seemingly blur the lines of compatible uses in single-family zones (R-1 & R-2) to the point where staff believes that the Amended Recommendation is the most prudent course of action. October 26, 2017— Staff Report Chapter 5.10 Short-Term Rentals (STRs) Page 12 of 12 Fiscal Analysis: STR popularity has exploded since the City's ordinance revisions in 2012 as indicated in the matrix of total TOT revenue below: Year Hotel Properties STRs Total 2017 $13,275,463 $1,778,796 $15,054,259 2016 $10,193,829 $1,059,168 $11,252,996 2015 $10,029,019 1 $770,661 $10,799,680 2014 $9,234,216 1 $621,294 $9,855,510 2013 $8,656,482 1 $532,499 $9,188,981 STR permits in the R-1 & R-2 zoning districts represent approximately 23 percent of the total permits issued throughout the City. As currently proposed in both the Ad Hoc Committee and Staff amended recommendations, existing permit holders would continue to operate, which would likely have a minor short-term effect on STR revenue. Staff believes both versions of the draft ordinance provide ample opportunities for STR growth within the City in both the P.R. and R-3 zoning districts. Included in this report is also a request to hire a swing shift Code Compliance Officer as well as to take other actions which would allow the City to manage STRs more effectively. The total fiscal impact of these management tools is not fully known at this time. However, staff will return to the City Council at a later date for consideration of a permit fee to offset the costs of processing applications. )� _J,� Prepared by: Kevin Swartz, Associate Planner LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER Approved as to Form -r ?� Ian AStendell Robert W. Director of rantMoore Lauri Aylaian Hargreaves Community r of Finance City Manager City Attorney Development ATTACHMENTS: 1. City Council Ordinance No. ; amending changes to Chapter 5.10 Short-Term Rentals of the City's Municipal Code 2. Exhibit "A" — [Version One] and [Version Two] 3. Buffer Maps (R-1 and R-2) zones 4. The Desert Sun Legal Notice 5. Correspondences received POSTED AGENDA (WITH ACTION MINUTES) REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2017 XVII. CONTINUED BUSINESS CITYCOUNCTLAC"TON APPROVED ✓✓ DENTED None RECEIVED OTtIER c4 Orcf 133)1 -fa I-e( fnc XVIII. OLD BUSINESS MEETING DATE 10 "3 -aC 11 AYES: cr)aft1a rl Kel I Grn i None NOES: Ls ►)Le ABSENT: IN: ** 6:07 P.M. - 6:34 P.M. — DINNER BREAF�' GAR IED BY: m Origi 1 on File with City Jerk's Office XIX. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ONE OF THE RECOMMENDATIONS REGARDING PROPOSED AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 5.10 - SHORT-TERM RENTALS - FOR ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND DENSITY REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT. Staff-Amended Recommended Alternative (Post-Planning Commission Meeting); 1) Ordinance No. 1332 passed to second reading, as amended with the following modifications: a) Phasing out existing Short-Term Rental Permits in the R-1 and R-2 Zones by July 1, 2019, using the proposed language provided by the City Attorney; b) elevating the penalties for unpermitted Short-Term Rentals up to$5,000 per citation and for second and subsequent citations, with the City having the right to refuse issuance of any Short-Term Rental Permit within the City; c) eliminating all language referencing Temporary Short-Term Rental Permits; d)directing staff to report back to the City Council in nine (9) months. 2) By Minute Motion, authorize/direct: a) City Manager to develop an appropriate position and add one full-time employee to the Code Compliance Division for the purpose of enhanced monitoring and enforcement of Short- Term Rental Permits, with an estimated cost of up to $100,000 annually; b) staff to release a Request for Proposals (RFP) for operating a Short-Term Rental Hotline and performing othercompliance activities;c)staff to calculate a permit fee based upon the all-inclusive cost of administering a Short-Term Rental Compliance Program and return to City Council at a later date with enabling resolution for fee adoption. 4-1 (AYES: Jonathan, Kelly, Weber, and Harnik; NOES: Nestande) 13 ��eovi CC 3f]CTfQf9 Rocha, Grace M{ • n?R^�* -ab— Ir7 From: Cheri Steinker <cheridlc@icloud.com> Sent: Wednesday, October 25, 2017 1:50 PM To: Rocha, Grace Subject: Fwd:City council meeting regarding short term rentals Ms Cheri Steinker Dean of Students Destiny Leadership Institute 760-702-6779 Cheridlcgicloud.com v -D CD >-< n rO� _4 =r-rr Begin forwarded message: m m m t„X From: Cheri Steinker<chgridlc�n icloud.com> a "'"'m Date: October 25, 2017 at 12:03:59 PM PDT ry a c To: rklassen@city of palm desert.org Subject: City council meeting regarding short term rentals Dear City, For over a year, i have had a short term rental with airbnb for my home at 42935 Texas Avenue. Very great people have come to visit for tennis, golf and the lovely area. We have had no complaints. I am very careful to have excellent visitors and to keep my property up. Because of being widowed, this has helped to supplement my low income. I have complied with the business license. Please consider my request to continue a short term rental. It is helpful to Palm Desert citizens and to Palm Desert tourism. Please read my letter into the city council minutes. Respectfully, Cheri Steinker 42935 Texas Avenue Palm Desert 92211 Sent from my iPad i Munoz, Rae From: Swartz, Kevin Sent: Thursday, October 26, 2017 8:04 AM To: Klassen, Rachelle Cc: Munoz, Rae Subject: FW: STR Letter Good morning, Please include the email below, if you have not already. C= 'dq 0 D� Thanks. C-3� =r—m cr% r"Min Kevin Swartz = boo 0 Associate Planner °o Ph: 760.346.0611 Direct: 760.776.6485 kswartz@cityofpalmdesert.org From: Athena Milis [mailto:athenamilis(abgmail.com] Sent: Wednesday, October 25, 2017 10:05 PM To: Swartz, Kevin Subject: STR Letter Please share my letter with every city council member prior to tomorrow's meeting. I cannot be there, but I need to speak this one last time to try to make a difference: Dear Council Members, My name is Athena Martinez and I live at 72-777 Tampico Dr. I have spoken in favor of short term rentals at the last two public meetings, and sadly I could not be hear at this most important one. Instead, I am in New York visiting my daughter whose college tuition is currently 60,000 per year. The first time I spoke here, I let the board know that I would not currently own my house after my divorce if 1 hadn't been brave enough to rent out for Coachella a few years ago. It was a wonderful experience that put me back on my feet and saved my home. I spoke about the many great homeowner renters who depend on short term rental income to make ends meet, to pay for college tuition, and to make improvements to their homes that they would never otherwise be able to. At the last meeting, I brought my youngest children 6 and 8 to see what civic duty was all about and to understand that government answers to the people. I have lived in Palm Desert my entire life. I went through Desert Sands Schools and now my kids will do the same. By allowing me to rent out my home responsibly you are allowing my family to take some of the weight of the world off of our shoulders. 60,000 a year for tuition, rising healthcare costs, extra curriculars, a broken air conditioner. At any moment, my family could lose it all. We are just at the edge like so many other families out there. I want our city to move forward TOWARDS progress...for my children so that they will want to stay and raise their families here. The idea of banning or backdoor banning short term rentals ignores the reality of the way families today travel. I've lived here long enough to know that we've had times where people only visited us a few months out of the year. Now we have tourism almost year round. The festivals and tennis tournaments and smart city planning have breathed life back into the Desert, unfortunately those venues aren't in Pal. We have El Paseo and a few other places of note, but what we do have is beautiful homes and nice casitas to rent, and those places keep those visitors here in Palm Desert. i I trust the city. I trust that the ENFORCEMENT provisions in the new ordinance will rid my poor neighbors of the headache and heartache that caused them to believe that the only remedy was a ban, but I argue that that is not the way. How can these people trust the city to enforce a ban, but not TRUST THE SAME CITY to enforce the strengthened regulations put forth in the new ordinance. It doesn't make sense. We have to be a city of reason, even when things are emotional. In closing, I humbly ask the city to GIVE ENFORCEMENT A CHANCE and to VOTE FOR PROGRESS. Sincerely, Athena Martinez 2 Stanley, Jane kECEIVED CITY CLERK'S OFFICE From: John Harris <johnsimmonsharris@gmail.com> Sent: Wednesday,October 25,2017 4:28 PM 2017 OCT 26 AM 9: 19 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, John Harris 73489 Little Bend Trail Palm Desert, CA 92260 i RCEIVD Stanley, Jane CITY GEERK'EOFFICE From: David Sawatzky <desertflowercondos@gmail.W'OCT 26 AN 9- 19 Sent: Wednesday, October 2S, 2017 8:32 PM [[UU11�� To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement,including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, David Sawatzky 48676 Desert Flower Dr Palm Desert, CA 92260 1 RECEIVED Stanley, Jane CITY CLERK'S OFFICE , , From: Sheila Sawatzky <desertflowercondos@gmail.cOCT 26 AM 9: 19 Sent: Wednesday, October 25, 2017 8:34 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Sheila Sawatzky 48676 Desert Flower Dr Palm Desert, CA 92260 i RECEIVED Stanley, Jane CITY CLERK'S OFFICE From: Athena Martinez <athenamilis@gmail.com> 2017 OCT 26 AM 9: 19 Sent: Wednesday, October 25, 2017 10:06 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, Dear Council Members, My name is Athena Martinez and I live at 72-777 Tampico Dr. I have spoken in favor of short term rentals at the last two public meetings, and sadly I could not be hear at this most important one. Instead, I am in New York visiting my daughter whose college tuition is currently 60,000 per year. The first time I spoke here, I let the board know that I would not currently own my house after my divorce if I hadn't been brave enough to rent out for Coachella a few years ago. It was a wonderful experience that put me back on my feet and saved my home. I spoke about the many great homeowner renters who depend on short term rental income to make ends meet,to pay for college tuition, and to make improvements to their homes that they would never otherwise be able to. At the last meeting, I brought my youngest children 6 and 8 to see what civic duty was all about and to understand that government answers to the people. I have lived in Palm Desert my entire life. I went through Desert Sands Schools and now my kids will do the same. By allowing me to rent out my home responsibly you are allowing my family to take some of the weight of the world off of our shoulders. 60,000 a year for tuition,rising healthcare costs, extra curriculars, a broken air conditioner. At any moment, my family could lose it all. We are just at the edge like so many other families out there. I want our city to move forward TOWARDS progress...for my children so that they will want to stay and raise their families here. The idea of banning or backdoor banning short term rentals ignores the reality of the way families today travel. I've lived here long enough to know that we've had times where people only visited us a few months out of the year.Now we have tourism almost year round. The festivals and tennis tournaments and smart city planning have breathed life back into the Desert,unfortunately those venues aren't in Pal. We have El Paseo and a few other places of note, but what we do have is beautiful homes and nice casitas to rent, and those places keep those visitors here in Palm Desert. I trust the city. I trust that the ENFORCEMENT provisions in the new ordinance will rid my poor neighbors of the headache and heartache that caused them to believe that the only remedy was a ban, but I argue that that is not the way. How can these people trust the city to enforce a ban, but not TRUST THE SAME CITY to enforce the strengthened regulations put forth in the new ordinance. It doesn't make sense. We have to be a city of reason, even when things are emotional. In closing, I humbly ask the city to GIVE ENFORCEMENT A CHANCE and to VOTE FOR PROGRESS. Sincerely, Athena Martinez Regards, Athena Martinez 7-1 7 7 7 -an1Pi c 0 1--�r;ve 7L-WwX D-esev-1) CA CID ID(I-0 1 RECEIVED Stanley, Jane CITY CLERK'S OFFICE From: Robb Kolberg <robbak53@gmail.com> 2017 OCT 26 AM 9' Sent: Wednesday, October 25, 2017 10:44 PM !g To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance,however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Robb Kolberg 39800 St Michael PI Palm Desert, CA 92211 i Stanley, Jane CITY CLERK SEOFFICE ? . , , From: Curtis McCalla <curtis.mccalla@icloud.com> 2017 OCT 26 AM 9: i Sent: Thursday, October 26, 2017 8:49 AM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner,I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Curtis McCalla 77577 Delaware PI Palm Desert, CA 92211 1 At '+�1� f, 4y4 ( at}0 e C , e ���fia fi a5 C jam �fi a� �a °� < ° Q �y7 �fi o�- e e 5 o fi � afi a� ,o �5 11 e ���eayGe�� °fie .Q .5 ° � yqa afi Keay �,afia a�ti�yfi� o� yfi�e �ayfi d��y as ao fi°��,e o�ay5�e ale �,�-�'� e� �° �° 5 5yfi� � ti ae� as ,�y5 � a o� e e o• �y ��' °� ay ZZ fide 11 Y ea ti �- e o ti efiafiy°a �p��afia �° fi�eeG°fifie�el e���, a C )I-'� �a� �y� ° prescr fi being yC fi aG 5�5 �o e ea afi infla? fi fi .c ea' ko� a� �t�a yfi o�fi ofi5 o� Q��edea�o�p,� afi� yGay � T � ea5 ee e5 fi �� o� lea a' 'CA ',. yfi y 1 e a ri e� ay 4a e� o� G,� o fie prod yfi� e afi� 4��e a ayfi yfi�ye5 e5�, °� b e G0 d`�� �e °� eefi 5� o� fisa o,d� afi g a9�oGee� <ae'S �e� `Q aa�e a. ( �q e fiya. �o19 � B� �ofiG'eG�y e fie d a a� afid y� e�ye investi e�� Y,a�ea�fie�e yfi5e�ee^ ear Ga, ayfi of Julie ti dispensar_ ,�efi a4aa ova yo5 �a� e a o"A �e a fi �� yti Should _ eaG�eS ae ,lea y address this aa�,Q0 ya fi°�,° . time during a d o\� Thank you fo_ dis ;; applicG Patti Patane Patti Patane pattipatane.com path a,pattipatanexom 760.578.0580 3 Q o 011y O Cp c � �o p b��(2) Q o C� 0co �Al b ti, '` p ti o Q .� �� �� �o ��� h �� � �� CO A)5 ti G �O/ 4� Ay rb Ay � ti O C � a ,�0� a� PNA.0 R ME 45-025 Manitou Drive, Suite 3 - Indian Wells, CA 92210 Phone 760.360.7666 Fax 760.262.3957 A PROFESS1111 AL LAW�,. ORPORATION Rob@RobBernheimer.com . g� - AGENDA PACIM October 23, 2017 #J� t }w 0,,TE. _TV Hon.Jan Harnik, Mayor Hon. Sabby Jonathan,Mayor Pro Tern Hon. Kathleen Kelly,Council Member Hon. Gina Nestande, Council Member Hon. Susan Marie Weber,Council Member City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 0 >-� Re: Selection Criteria for Commercial Cannabis Businesses CD --� 3 r-M. Resolution 2017-74 N o m n Agenda Item XIV A—October 26,2017 X- M Mrn m { �Nrn '{pG Dear Mayor,Mayor Pro Tern and Council Members: cD as I have reviewed proposed Resolution 2017-74 regarding the Selection Criteria for Commercial Cannabis Businesses. As I understand the process as proposed, each applicant can receive a score of either 1 or 0 in each of five categories, with a top score of 5. If multiple applicants within 1,500 feet each have a total score of 5(or the same highest score),staff proposes a lottery to select the operator. This process does not nearly assure Palm Desert of selecting the best operator with the highest likelihood of meeting Palm Desert's standards or quality of life. In order to better assure Palm Desert selects the best applicant, I propose 2 changes. First,the City should consider assigning a score of 1-5 for each category. If one proposal really stands out from the others, even if they each otherwise address the category, the better proposal can score higher. Second,the City should consider adding three additional categories. (1) Ownership of Premises. Does the Applicant or one of its principals own, rather than lease,the proposed cannabis location. This demonstrates a greater investment and commitment to Palm Desert. (2) Longevity in Business in Palm Desert. Has the Applicant or one of its principals been in business in Palm Desert for at least 10 years. This demonstrates the Applicant understands Palm Desert and its quality of life. )rROBERT A. BERNHEIMER A Professional Law Corporation Palm Desert Planning Commission October 23,2017 Page 2 (3)Financial Strength of Applicant. The Applicant should submit its financial statement to demonstrate an ability to operate the business with a minimum of$1,000,000 in cash reserves. This demonstrates the Applicant has the ability to make sure the business has the resources to follow through on the commitments in its application. Using these additional criteria,with a range of scoring,will allow Palm Desert to select the best of the best,not leaving to a lottery the potential of picking a mediocre operator that happens to meet 5 criteria. Thank you for your consideration of these changes to proposed Resolution 2017-74. Cor Tally, Robert A. Bernheimer cc: Ryan Stendell,Director of Community Development Eric Ceja,Associate Planner Stanley, Jane ./ From: William Mark [bemarkreliv@hotmail.coml (awa ' Z• Sent: Tuesday, October 24, 2017 4:26 PM C AGENDA PACIW To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals SECT1011 /i H %1% Dear City Council Member, MEET1'�8 DATE 110—.;2+b' I—L_ As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, William Mark 38517 Nasturtium Way Palm Desert, CA 92211 ro A r 3r-rn M=rn a -�ov N �n O rn 1 Extra Shelf '�,FTS:S'H:_:.,:.'.:.Y'."s3:."t:`.III•+:Ll.`4..++..:v;;:i�.yFA.wz"7i,ka.Kf:Xin-'.'i"'.1.�3' o� g' FM W Q VA. •- + • D Indian Nation Network TheBroadcastCenter Education and Information Television & :Multi-Media Programming 10 . 16 . 2017 City of Palm Desert Council Members It is my understanding that the owner of the Medical Marijuana dispensary, P . S .A. Organica Palm Springs , Julie Montante will be applying for a Medical Marijuana dispensary license in the City of Palm Desert to be known as Palm Desert Organica . Beginning in late 2016 I started to investigate the uses of CBD and THC medical marijuana for arthritis pain . For reasons that I am going to be disclosing during an upcoming series of programs, on December 22 , 2014 I had a medical procedure that resulted in my doctor recommended order to no longer take any pain medication such as Aleve, which had worked effectively for the past 18+ years for my inherited arthritis . I have never been a user of any form of Marijuana, however when I learned that a strain of Medical Marijuana called CBD was now available in a safe form, including Pharmaceutical grade, I reached out to several dispensaries, both here in the Coachella Valley and Los Angeles and the oldest one in California, Harborside in Oakland, California . I did not realize any pain relief for any of the CBD products that I bought . E i =z rid �Z 130 L109 Vo -10SN Nlnd 3:DI33 Ail* C13A1303H 1 I Further research resulted in meeting Julie Montante at her Palm Springs dispensary. I brought with me all the CBD products that had previously been recommended for me . Julie went through a detailed education of what I had been taking without any pain relief and then made recommendations . Her recommendations were direct and uncomplicated. Our region consists of a large population of seniors who, usually beginning at the age of about 50+, begin to experience health issues normal for the aging process . This population needs educating to eliminate the "perceived negative opinion" of Medical Marijuana... specifically the use of CBD with the related THC products . Once Julie educated me on these products...I once again did my research and then purchased the products that I thought would reduce or eliminate my arthritis pain . On a scale of 1 to 10...I was constantly at a 9+ . My MD recommended a prescription for a pain medication which I took per instructions . This was successful in reducing my pain by about 600 . Big problem, I immediately gained 10 pounds . Unable to fit into my clothes , Pepe the Taylor became my new best friend. Taking and adjusting the CBD/THC combinations took time and the right education...but I am now 900+/- pain free . As leaders of the City of Palm Desert, you have total control over the ability for your citizens in need of physical pain relief to experience the same education that I have determined can only be found thru the expertise of Julie Montante . Also...just as important as her educational abilities is the purity of her products . No other dispensary would afford me the opportunity to research their growing facility. I spent several hours with Julie and her growing staff at their Palm Springs growing facility, learning exactly how they are able to control the pure, organic growing process for the base medical marijuana products she z i offers in her dispensary. Julie will soon be processing the pure oils from the plants . These oils are what I take . It is very important to understand that pharmaceutical prescription pain medications for inflammation, inflammation being the root cause of arthritic pain, does not reduce the inflammation enough to get to the root cause. With the educational information that Julie provided me, I learned to safely begin the use of these Medical Marijuana products...that I knew were safe, both in substance and dosage to begin to permanently reduce my inflammation . Based on all of my research and my professional journalistic investigative skills, I am asking you to approve the application of Julie Montante for the professional Medical Marijuana dispensary in the City of Palm Desert . Should you want more information from me or want me to address this important application before your public comments time during a Council meeting, I am prepared to do so . Thank you for your time to read this and vote to approve the dispensa application of Julie Montante . Patti Patane 0 Patti r r pattipatanexom pattiA,,pattipatanexom 760.578.0580 3 45-025 Manitou Drive, Suite 3 - Indian Wells, CA 92210 Phone 760,360.7666 Fax 760.262.3957 Rob@RobBernheimer.com . +��^_^�^,t:res�m�sw} zswsa�rmaarerar.�rf. October 23,2017 1ATE -91�- I Hon.Jan Harnik,Mayor Hon. Sabby Jonathan,Mayor Pro Tern Hon.Kathleen Kelly, Council Member Hon. Gina Nestande, Council Member Hon. Susan Marie Weber,Council Member City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 C*) cm CD Re: Selection Criteria for Commercial Cannabis Businesses c) c r— ) Resolution 2017-74 OMO Agenda Item XIV A—October 26,2017 r- mmr(Amn 3 N rn Dear Mayor,Mayor Pro Tern and Council Members: ry ^T o �n as ,� I have reviewed proposed Resolution 2017-74 regarding the Selection Criteria for Commercial Cannabis Businesses. As I understand the process as proposed, each applicant can receive a score of either 1 or 0 in each of five categories, with a top score of 5. If multiple applicants within 1,500 feet each have a total score of 5 (or the same highest score), staff proposes a lottery to select the operator. This process does not nearly assure Palm Desert of selecting the best operator with the highest likelihood of meeting Palm Desert's standards or quality of life. In order to better assure Palm Desert selects the best applicant, I propose 2 changes. First,the City should consider assigning a score of 1-5 for each category. If one proposal really stands out from the others, even if they each otherwise address the category, the better proposal can score higher. Second,the City should consider adding three additional categories. (1) Ownership of Premises. Does the Applicant or one of its principals own, rather than lease,the proposed cannabis location. This demonstrates a greater investment and commitment to Palm Desert. (2) Longevity in Business in Palm Desert. Has the Applicant or one of its principals been in business in Palm Desert for at least 10 years. This demonstrates the Applicant understands Palm Desert and its quality of life. x� .....; - ,+✓.;�M,'xaz.pMk.'.s,�YNfiifs'Sk. �-4M,�i"Lk '>5tit:±�Yt - .. . � ,..- ..._ . iC&A2.. _. ..Y36kA:A:itiF_fiF:iS'SiZsesev ROBERT A. BERNHEIMER A Professional Law Corporation Palm Desert Planning Commission October 23,2017 Page 2 (3) Financial Strength of Applicant. The Applicant should submit its financial statement to demonstrate an ability to operate the business with a minimum of$1,000,000 in cash reserves. This demonstrates the Applicant has the ability to make sure the business has the resources to follow through on the commitments in its application. Using these additional criteria,with a range of scoring,will allow Palm Desert to select the best of the best, not leaving to a lottery the potential of picking a mediocre operator that happens to meet 5 criteria. Thank you for your consideration of these changes to proposed Resolution 2017-74. Cor ially, obert A. Bernheimer cc: Ryan Stendell, Director of Community Development Eric Ceja, Associate Planner Stanley, Jane `-/ 1 From: William Mark [bemarkreliv@hotmail.com] [0 L.�^War+-7_ Sent: Tuesday, October 24, 2017 4:26 PM AGENDA PAS To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals SECTION Dear City Council Member, MEETi;�lS©ATE As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, William Mark 38517 Nasturtium Way Palm Desert, CA 92211 ,v A CD r 4 :mom N rn=rn � u,xm -v u'rn N �n O rTt 1 Stanley, Jane From: Daniel india [daniel.india@comcast.net] Sent: Tuesday, October 24, 2017 6:30 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Daniel india 113 Desert Falls Dr E Palm Desert, CA 92211 Cl) o -�::i —� >-c ac 4 3 F—T" t7m 0 cNlt rn En N >0 tD rn 1 Stanley, Jane From: Linda india [lindaindia@comcast.net] Sent: Tuesday, October 24, 2017 6:31 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Linda india 113 Desert Falls Dr E Palm Desert, CA 92211 -v:::i CC A cN vm n M 2 �v cn INC 0 C3 N r nCz 1 Stanley, Jane From: Laura Clark [realestatediva77@gmail.com] Sent: Wednesday, October 25, 2017 12:05 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Laura Clark 72725 El Paseo Palm Desert, CA 92260 N 0 Q ..� >� 4 r-f1r. cc.n cn;K rn N *� Q m 1 Stanley, Jane From: Stacey Jelmini [sdjassociates@aol.com] Sent: Wednesday, October 25, 2017 12:20 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Stacey Jelmini 47955 Sun Corral Trail Palm Desert, CA 92260 Q 0 >—� p -e 3�rn c11 m�n > rn 1 Stanley, Jane From: Patt, Shawn [shawn.patt@rbc.com] Sent: Wednesday, October 25, 2017 1:23 PM To: CityhallMail Subject: Short Term Rentals Dear Mayor& City Council Members, I own a home in the city of palm desert and heard that you are voting to ban short term rentals. I cannot make the meeting, but I strongly oppose such a ban as it will hurt my property value. Best, Shawn Shawn Patt I Senior Vice President I Certified Private Wealth Advisor RBC Wealth Management 19665 Wilshire Blvd., Suite 3001 Beverly Hills, CA 90212 T. 310-205-7773 1 F. 310-859-0408 1 shawn.patt(abrbc.com NMLS#1261890 through City National Bank I CA Lic #OC38863 RBC Wealth Management does not accept buy, sell, or cancel orders by email, or any instructions by email that would require your signature. Please visit RBC wealth Management Email Disclosures for material details about our products and accounts, as well as for other important information. Non-deposit investment products offered through RBC Wealth Management are: • Not FDIC insured, • Not a deposit or other obligation of, or guaranteed by, a bank • Subject to investment risks, including possible loss of the principal amount invested. Disclosure information regarding potential conflicts of interest on the part of RBC Capital Markets, LLC in connection with companies that are the subject of any third-party research report included in this email message may be found at Third-Party Research Disclosures. RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC. N n -� > r 4 =ram-tt't rN o rn C c.n snmm U')JK 'v �cnM _ --4 a-C7 -n iV ^3,rs � rn 1 Stanley, Jane From: Susan Zakheim [szakheim22@gmail.com] Sent: Wednesday, October 25, 2017 1:35 PM To: CityhallMail Subject: Short Term Rentals Dear Mayor and City Council Members, I am a resident of Palm Desert and unable to attend the City Council meeting on Thursday October 27th. I would like it to be known that I am strongly in favor of short term rentals in Palm Desert. Thank You, Susan Zakheim Q o D c•) ='Cox .-i r m � ornc MMM m Z MU;In r*3 N ,,7 O m 1 Stanley, Jane From: Robert Zakheim [robertz@optixiwear.com] Sent: Wednesday, October 25, 2017 1:43 PM To: CityhallMail Cc: robertz@optixiwear.com Subject: Short term rentals Dear Mayor and City Council Members, I am a home owner in Palm Desert (92260). Unfortunately, I am unable to attend the Council meeting tomorrow,Thursday October 26, 2017. However, I want my voice to be heard that I am a Strong Advocate for Short Term Rentals. I believe that short term rentals will aid everyone involved.....from the home owners, such as myself who split time with a primary residence..... to all of the vendors associated with such housing situations. The many restaurants, retail stores and surrounding businesses will benefit with the influx of visitors to our area. In addition, the tremendous income to the City associated with the additional tax revenue it will collect. Please air my views, and Vote Yes for Short Term Rentals! Respectfully, Robert Zakheim 310-702-0229 � n 0 c-� ��rrs �rn 1 Stanley, Jane From: William Choplin [wchoplin@icloud.com] Sent: Wednesday, October 25, 2017 8:51 AM To: CityhallMail Subject: Short Term Rentals must be banned Please deliver this message to: Mayor Jan Harnik, Mayor Pro Tern. Sabby Johathan, Council Members Kathleen Kelly, Gina Nestande, Susan Marie Weber I am a resident of Palm Desert, living in an R-1 zone. We chose to live here because of its zoning as a residential neighborhood. I am totally opposed to any short term rentals in any residential neighborhoods. From my perspective, they do not meet the definition of our zone, and in fact are commercial businesses. As our city continues to grow we must make every effort to keep our neighborhoods safe, quiet and welcoming to the families that chose to live and work here. The ability to monitor and fine people for not meeting regulations is very difficult, even with additional resources. As other cities in the desert continue to restrict STRs,we cannot have Palm Desert become a haven for these business enterprises. Thanks for your consideration. I know that each of you live in our wonderful city, and do not want our neighborhoods destroyed by disruptive visitors. Nancy Nowak 40669 Diamondback Drive Palm Desert 801-597-3551 ry � r � Zrrr tV Qmr tJi rr} m 3 Mtor�1 -i OC N �n rn 1 CEIV Stanley, Jane R LERK'S OF-FICE From: Jan Olson <janmarols@gmail.com> Sent: Wednesday, October 25, 2017 3:08 PM 2017 OCT 25 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance,however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Jan Olson 77699 Woodhaven Dr S Palm Desert, CA 92211 1 � n _� _ Deanna Morgan -' C-5 74626 Strawflower Circle r Palm Desert, Ca 92260 Oct. 25, 2017 Good afternoon, I am writing this note as 1 may be unable to attend the council meeting tomorrow afternoon due to a conflict with my work schedule. I ask for your patience and that you please read this note to the end , as I am aware that I can be quite winded. This note is in regards to the short term rentals that have been allowed to populate Palm Desert neighborhoods. 1 understand that making decisions for the wellbeing of so many residents is a difficult task but 1 implore that you listen to what we, the residents, have to say. We deserve the attention and consideration of the council when it comes to protecting our rights and securing our quality of life. We bought our homes in residential neighborhoods with the intention to live in a neighborhood where we could raise our children and grandchildren and be comfortable. To provide them with quality of life to the best of our abilities. Many of us have invested thousands of dollars into our homes with the intention of improving our property and neighborhood and with the piece of mind that we would never move again. These STIR property owners that have been allowed to open shop in our communities do not share our intentions. They do not invest in their property intending to upgrade or improve the neighborhood. Their main agenda is to add whatever will attract the paying customer. They threaten the very essence of the idea of the American neighborhood. They are, after all, not neighbors, you wouldn't borrow a cup of sugar from them or ask them for help moving a dresser and they certainly are not productive members of our communities. For the most part they come here with one intention, to party. Not that all of the renters are bad, but they are not neighbors. I currently have a STIR on my west side and one behind me eagerly waiting to rent based on the regulations to be decided by the council. There are 4 others operating in my small cul de sac neighborhood. I can tell you that in the last 2 years 1 have experienced excessive noise, profanity, second hand smoke, both cigarette and marijuana, reckless driving, drunkiness, crime and public urination, and the inconsideration to our daily lives. There have been instances of rats, ants, roaches and maggots. The proximity of the "party zone L° of the property to the west of me is located directly outside of my bedroom slider across a small walkway. 1 have in the last 2 years spent more nights sleeping on the couch or in the guest room. In the beginning, at the request of the property owner, I would notify him when the party went on past a reasonable hour. After several instances of no response from him until the next a.m.( because he said he was sleeping ), I started calling the afterhours hot line. As has many of my neighbors. Although the hotline was a good idea they are very ineffective in dealing with issues relating to these STR's. It has now become the standard to be advised to notify the police with any issues. Both are not a solution to this problem. In conclusion, if they cannot be phased out as they should be, as the original reason for allowing them has passed, then there must be strict regulation. The 500 1 regulation, minimize the number that can be operated in a neighborhood, set up a hotline that will have the necessary resources and authority to deal with issues and start a response team to be utilized for inspecting these properties. They should be subject to all the same health regulations as hotel/motel and resorts are. After all there are dining and sleeping areas. With all due respect I ask that you consider your residents quality of life when deciding the regulations for these businesses. Respectfully, Deanna Morgan Klassen, Rachelle Vam 5yVv4z_ CCFrom: Hermann, David iv MzH Subject: FW: City of Palm Desert:Website Contact Us Hi Eric, We received the message below today via the City's website regarding short-term rentals. I am forwardingittoyo4and copying Rachelle, so that it can be included with the other public correspondence regarding this issue. David =��U= Hermann David � ermann Public Information Officer Ph: 7bQ77d.d4ll []iveot76O776.d88O dhennonn@citwzfpo|mdeoertorg From: i Sent: Tuesday, October 24, 2D173:31PM To: Information Mail Subject: City of Palm Desert: Vebsite Contact Us Form Submission A new entry toa form/survey has been submitted. Form Name: Contact Us Date&Time: 10/24/20173:30PK8 Response#: 694 Subml1ter|D: 5692 |Padd,ess 72135216244 Time tocomplete: I1min.'41sec. Survey Details ------------------'-----------------------------------------'------------'------------------'-- Page 1 Your Contact Information First Name Marshall Last Name Meier Email Address Phone Number 2625676827 Address N53VV34378 Road{\ Address 2 Not answered City Okauchee State Wisconsin ZIP Code 53069 l lama: (o)Visitor Comments or Concerns: You have a Council Meeting coming up with short-term rentals on the agenda. I tried to send an email a different way but was told that as a non resident,my email would be logged but not necessarily until after the vote.I just wanted the council to know how a renter felt about the upcoming vote. By the way,we have been spending part of Feb or Mar in Palm Desert for the last four years and have our vacation rental set for 2018.We're just aren't sure whether we're welcome or not. As a Palm Desert vacationer, I support vacation rentals and believe they are an important part of the local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. As a vacationer in Palm Desert, my wife and I spend much of our time wandering El Paseo and spending time in the stores and restaurants along the street. Hearing that the City Council is considering banning new short-term rental permits is basically telling me that Palm Desert doesn't want me. If there are problems with unruly renters,the penalties that are in place should be enforced. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market,giving a special privilege to some homeowners over others.Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full- time. Stronger enforcement,including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Thank you, City of Palm Desert This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 2 Klassen, Rachelle From: Aylaian, Lauri C Sent: Tuesday, October 24, 2017 4:28 PM To: Carol Gorski l O��b_ Cc: CMGorski@aol.com; Klassen, Rachelle; Swartz, Kevin Subject: RE: Commercial Short Term Rentals - Carol Gorski 73931 Rutledge Way 92260- Dear Ms Gorski, Thank you for advising me of the difficulties that you have experienced with neighboring vacation rentals. I am forwarding your email message to the City Clerk so that it can be copied and distributed to the members of the City Council before their meeting this Thursday, at which time they will consider an ordinance to better regulate short term rental properties. Sincerely, Lauri Aylaian City Manager Sent via the Saniaun`,Galaxy SS� mini,an AT&T 4G LTE smartphone -------- Original message -------- From: Carol Gorski <cmvorski@aol.com> Date: 10/24/2017 2:35 PM (GMT-08:00) To: "Aylaian, Lauri" <laylaian@cityofpalmdesert.orv> Cc: CMGorsk-i@aol.com Subject: Commercial Short Term Rentals - Carol Gorski 73931 Rutledge Way 92260 Dear City Manager, Lauri Ayalaian I am lived here for nearly 8 years and have enjoyed the neighbor and community. However, I have two Air BNB's behind me (I am at 73931 Rutledge Way and the two rentals are on Masson St. behind my home) and many weekends have been terrible with loud music, large crowds in both homes (since there is a gate that opens between the homes) and yelling, splashing until 3:00am sometimes. How can this be acceptable in a residential area? I don't believe my neighborhood is zoned for commercial businesses. I don't see how the two rental homes behind me can continue to operate. It is a huge disruption to me especially since I am at ground zero in terms of being affected by both homes on Masson Street. If they could only rent to small groups or families that could work, but then the issue is that they invite people over and the party begins again. Not only do STRs need to stop in Palm Desert in residiential areas, but keep them in designated areas of town according to the existing City Master Plan. I am happy to discuss my concerns further if needed. Regards, Carol Gorski 73931 Rutledge Way Palm Desert, Calif. 92260 1 650-468-9647 (650)468-9647•Email:cmgorski@aol.com Website:vwAv.linkedin.comfin/carolgorski z FAIRWAY VACATION C� Extra Shelf RENTALS A , J October 23, 2017 l C ? %( 1-1 i/Jan Harnik, Mayor Sabby Jonathan, Mayor Pro Tern Kathleen Kelly, Council Member a -� Gina Nestande, Council Member o r--nz Susan Marie Weber, Council Member 3 N QrnC'' Lauri Aylaian, City Manager cam Ryan Stendell, Director of Community Development 3 --4 00 Kevin Swartz, Associate Planner Robert Hargreaves, City Attorney ry m Any and All Interested Parties Greetings to all— have attended all meetings regarding short term rental regulations. I have consistently raised many of the points I raise here. It is now "crunch time" and it is important that a workable ordinance be adopted. PLEASE, therefore, give focused consideration to the issues cited here. Unless addressed, we will have an ordinance that is confusing, difficult to enforce and laden with unintended consequences. At the Planning Commission public hearing on October 3, 2017, two extremely misguided ideas came up in discussion. The first idea was "extend the moratorium on the issuance of short term rental permits." The moratorium has already been in place for about 10 months. It has had the effect of driving operators underground. The city has lost out on T.O.T. and these underground operators have been emboldened by their success over the past 10 months. The second idea was "raise permit fees to fund greater enforcement". This is a terrible idea! The city's philosophy should be to make it easy and inexpensive to register and very expensive and consequential for failure to register. Additionally, Palm Desert generates $1.8 million in T.O.T. from short term rentals. This is ample funding for much needed upgrades to enforcement efforts. Fairway Vacation Rentals 76-300 Country Club Drive • Palm Desert, California 92211 Telephone: 760-345-5695 or 800-869-1130 + Fax: 760-345-3583 www.FairwayVacationRentals.com now want to focus on specific provisions of the ordinance itself: 1) Definition of"Short Term Rental Unit" -The ordinance defines "Short Term Rental Unit as a unit rented for less than 27 days. This should be amended to "rented for less than 180 days." Without this change the underground operators will claim that it was a 30 day rental, perhaps with a rotating crop of actual occupants . . . therefore, no permit required . . . and no T.O.T. or enforcement mechanism for the city. (Section 5.10.030, Definitions); 2) Mailing Label Requirement—This should be limited to R-1 and R-2 neighborhoods. Neighbors in Planned Residential areas are otherwise going to be buried in annoying and confusing notices. (Section 5.20.060(A) (6)); and 3) Permit Procedures Generally--The ordinance should provide for a single date by which all annual permits must be reviewed. I suggest that date be July 31. At that time most operators, and perhaps the city staff, have more time and no excuses for non-registration. Why is this important? It is important due to another flaw in the proposed ordinance. The ordinance does not distinguish between an innocent administrative error by an operator and blatant intrusion on the peacefulness of a neighborhood. Both violations would be subject to harsh fines and possible permit revocation. My recommendation, which I believe is representative of many responsible professional managers, is that the City Council adopted the ordinance as proposed with the recommendations proposed herein. The ordinance can be re-visited if necessary after a year of measuring its impact. Whatever, the council's decision, the grossly counter-productive moratorium on permit issuance must be ended. Very truly yours, 9AAU Ji earce General Manager/Principal If Palm Desert City Council Oct. 23, 2017 My wife and I attended the recent Planning Commission meeting here in Palm Desert and heard many upset residents speak on the Short Term Rental situation. We are 32 year residents that have lived in the same home in a R1 zone. We too are very concerned and wonder how many others are totally unaware of the meaning and the consequences to their neighborhood? A problem that has gone unnoticed because the rentals are done on the internet without any signs. As home owners a lot of us have been reluctant to complain about the excessive noise and traffic thinking the property is being used by family or friends, we have been naive These are complete strangers that have no interest in the neighborhood other than a quick good time. These "special property owners" are making lots of money and may not even live here. Is this fair to motels/hotels in the area that are responsible for taxes, keeping the premises clean and pools free of dangerous bacteria? We chose Palm Desert for several reasons, quiet, clean, beautiful and a cicouncil that has kept it that way. This is a zoning law change that should NOT be decided by a 5 member city council. Let the property owners decide, this is a very important issue. Respectfully, Edward Robe Hesse 73162 Willow St. Palm Desert Ca. 92260 email bobandnolie@gmail.com 760-567-9396 > �� � r � n O :r c-n ` From The Desk of Robert A. Spiegel October 23, 2077 3rn•.t*S m N mn The Honorable Jan Harnick w CA;= Mayor, City of Palm Desert -o �.�rri 73-510 Fred Waring Drive --`C)C) Palm Desert, CA 92260 Na rn Dear Mayor Harnik and Members of the City Council, I spent 22 years on the Palm Desert City Council and what most impressed me was that Palm Desert is the finest city in the Coachella Valley to live,play,work and go to school. It has the best parks,baseball fields, soccer parks,public golf course,etc. It is home to all our institutions of higher learning and the elementary schools and secondary schools strive to be the best. This city also includes the best shopping experiences from Costco to the stores on El Paseo. In short, Palm Desert has always put the needs of its residents first. It has strived to balance the need for income and the needs of its business community and visitors with that of the voting residents. It is my hope that record of excellence will continue. I personally would like to see the ordinance regulating rentals revert back to a minimum 28 day stay and for STR's to be banned. My neighbors,my wife and I have been adversely affected by STR's and we are concerned about the impact they could have on our property value.That said, I am a realist and understand the likelihood of STR's being banned is nil. I would,however, like to see even more punitive fines put in place and only give the property owners two infractions before the rental permits are pulled and not for 2 years but permanently. I believe it is past time for additional code enforcement officers and for those individuals to be available 24/7. Currently the Hotline is not doing its job effectively and council and staff are aware of this. It is unreasonable to expect surrounding home owners and local law enforcement to be in charge of enforcing a city ordinance at night and on weekends. The inclusion of the operational requirements may work,but non-compliance must come with consequences or it is meaningless. I have read the agenda for this Thursdays meeting regarding STR's and would favor a vote for Version two,prohibiting the issuance of new Short-Term Rental permits within the R-1 and R-2 zones. Sincerely, Robert A. Sp' gel Former Mayor and ity Councilperson, City of Palm Desert CC: Lauri Aylaian, Palm Desert City Manager Wassen, Rachelle From: Katrina Milani <katrinamilani@gmail.com> Sent: Monday, October 23, 2017 4:32 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Katrina Milani 46215 Goldenrod Ln Palm Desert, CA 92260 w co tiV 1 u. . u1 ?Ne vas c� C)WD N �V� O rQ r ra � v � 1 Wassen, Rachelle From: Brandon Caldarella <brandoncaldarella@firstteam.com> Sent: Monday, October 23, 2017 1:57 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Brandon Caldarella 439 N Sierra Madre Palm Desert, CA 92260 U_J CU U ce) o r G �-- 1—C- ra N U 1 Klassen, Rachelle From: Danette Ewoldt <dewoldtl@cox.net> Sent: Monday, October 23, 2017 1:58 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement,including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Danette Ewoldt 73150 Shadow Mountain Dr Palm Desert, CA 92260 w CD u-U ►ram _ Li CC a- w C4w M VUJ0 N Ct V O Y Q t— C. or 1 Wassen, Rachelle From: Olga Ginevsky <ginevsky@telus.net> Sent: Monday,October 23, 20171:59 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others.Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Olga Ginevsky 40893 Ave Solana Palm Desert, CA 92260 w r'' U Cr L '7 aOt-- 2-- wpm a- �K OJ u1 pG►� N 0wO ua Z3= v ct —1 o >-a r- �a 1 Klassen, Rachelle From: Jennifer Berger <jenberger77@gmail.com> Sent: Monday, October 23, 2017 2:01 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Jennifer Berger 14 San Felipe Dr Palm Desert, CA 92260 W r— U cW_J i s LO p' tad �aVO N U N 1 Klassen, Rachelle From: Dorothy Stanley <dottieaartist@gmail.com> Sent: Monday, October 23, 2017 2:03 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Dorothy Stanley 45531 Edgehill Dr Palm Desert, CA 92260 .:J r-- 0<1 cr) lei.L 3 C)0►- L Ll p r� r— rp c N 1 Klassen, Rachelle From: Stacey Davis <sgcanada@mac.com> Sent: Monday, October 23, 2017 2:02 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates a:i unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vac,-.tion rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement,including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wron b. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Stacey Davis 73411 Bursera Way Palm Desert, CA 92260 W r c41 Qom x ��� �ccw J UJI sY v �--a o UC" 1 Klassen, Rachelle From: Jennifer Radisay <jradisay@gmail.com> Sent: Monday,October 23, 2017 2:03 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Jennifer Radisay 45830 Abronia Trail Palm Desert, CA 92260 W .24 to �U S tJ> wccrul N act',J rQ r v 1 Wassen, Rachelle From: Mia Melle <mia@modernreshop.com> Sent: Monday, October 23, 2017 2:04 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Mia Melle 73341 Broken Arrow Trail Palm Desert, CA 92260 U_ 111 ce) t�jt�isp N ra d i Klassen, Rachelle From: David Goldfein <davidgoldfein@gmail.com> Sent: Monday, October 23, 2017 2:06 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, David Goldfein 234 Vista Royale Cir W Palm Desert, CA 92211 w r— U< CV) ti C, W �N M C.3 W Q LV �U� V -+ Q Us" i Klassen, Rachelle From: Max Bean <maxbean@gmail.com> Sent: Monday, October 23, 2017 2:08 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Max Bean 44710 San Benito Cir Palm Desert, CA 92260 aot us Wmw N OCQ }� it x�_J o ra o 1 Klassen, Rachelle From: Joaquin Murguia <Joaquin@vacationrentalsofthedesert.com> Sent: Monday, October 23, 2017 2:08 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner and business owner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement,including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal which is being being lobbied for by a small group of vocal opponents and a large outside organization and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Joaquin Murguia 76728 Florida Ave Palm Desert, CA 92211 w t— v_,� crs W�cc aa. > ch UU10 �O. c 1 Wassen, Rachelle From: Audrey Aboulafia <audreyaboulafia@hotmail.com> Sent: Monday, October 23, 2017 2:10 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Audrey Aboulafia 41417 Princeville Ln Palm Desert, CA 92211 r u- 4s i1 a uN� N U u o til � C J U 1 Klassen, Rachelle From: John Garcia <garciajohng44@gmail.com> Sent: Monday, October 23, 2017 2:13 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, John Garcia 40875 Interlachen Ln Palm Desert, CA 92211 r U t. ce) w cJ W 1 t-1 a cc u' N J W Q W-1T_ xU J C.� 1 Klassen, Rachelle From: Tim Altman <timtriciatj@gmail.com> Sent: Monday, October 23, 2017 2:13 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Tim Altman 40665 La Costa Cir E Palm Desert, CA 92211 LO r U" Cn u-C.' 1 G.. W C M O- } CO) ac 5 o rG !—o. J � 1 Klassen, Rachelle From: Ann Kavy <kavy2@msn.com> Sent: Monday, October 23, 2017 2:15 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Ann Kavy 73615 Ironwood St Palm Desert, CA 92260 W r— U,C cr3 Is. _ for = W CP cc c- ��C N uiptc''� N UJ OLU� O =a N U 1 Klassen, Rachelle From: Richard Warthe <horse-shoes@hotmaiLcom> Sent: Monday, October 23, 2017 2:15 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Richard Warthe 234 Serena Dr Palm Desert, CA 92260 "i r-- S ce) wC for = W N ac a- }�L N M UWO a�_ o >,a *— �_a. c U `" 1 Klassen, Rachelle From: Sarah Pallett <sarah.pallett@gmail.com> Sent: Monday, October 23, 2017 2:16 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Sarah Pallett 42669 Brighton St Palm Desert, CA 92211 -zc u�u,oc a- �L N !r) N OUJO W ~ OCV� O r� C r-a a 1 Klassen, Ra chelle From: Moreno Trevisan <trevim62@shaw.ca> Sent: Monday, October 23, 2017 2:17 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I i un happy to see the stronger enforcement measures the city is considering in its new ordinance. The propose d ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, givi ng a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowne is ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality o."life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property,rights away from those who have done nothing wrong. Please reject :he current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Moreno Trev�.san 40863 Whirli ng Wind Dr Palm Desert, CA 92211 c> C'' C 00 13.E U)5 CS- w :il CC LO r� N r xV� O Y L r-- Y v i Klassen, Rachelle From: James Sutherland <jcsutherland@hotmail.com> Sent: Monday, October 23,2017 2:19 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, James Sutherland 74120 Chinook Cir E Palm Desert, CA 92211 w r- U c cr% ZZ s ac)V- 3f-- V�0 CV f` QG 5 O 1 Klassen, Rachelle From: Maryellen Hartman <melquattrocchi@gmail.com> Sent: Monday, October 23, 2017 2:23 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Maryellen Hartman 659 Calle Vibrante Palm Desert, CA 92211 U. .� U_ V u- 00 � s.v N Or a— s1 cc J Lo J u 0 N ACV= O U `v 1 Klassen, Rachelle From: Danielle Doscher <danidoscher@gmail.com> Sent: Monday, October 23, 2017 2:32 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Danielle Doscher 40940 Avenida Estrada Palm Desert, CA 92260 w w c c� W C N ta! C', ,.alp[us OW N C3 U1U= CD >"C e— h p. t� 1 Klassen, Rachelle From: Vladimir Lukyanov <Lukyanov@Gmail.com> Sent: Monday, October 23, 2017 2:36 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Vladimir Lukyanov Barons Cir Palm Desert, CA 92211 W W u-V 1 ts- _ W N OC M3 _�c�n v°10 avT o V �► 1 Klassen, Rachelle From: Cheryl Solomon <cherylsolomon@shaw.ca> Sent: Monday, October 23, 2017 2:39 PM To: CityhallMail Sub;ect: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution.It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement,including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. And for the record, I do not rent my home out to short term rentals. Thank you Regards, Cheryl Solomon 74104 Via Pellestrina Palm Desert, CA 92260 ur %0 v C11) LL t]or = WNQL Q- >P N Y ccC> O r c. o v 1 Klassen, RachE lie From: Jordan Armitage <jarmitagel@verizon.net> Sent: Monday, October 23, 2017 2:44 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am hG ppy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ord.nance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a s pecial privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's at ility to responsibly manage the property. They should not be based on where the property is located or if the rc sident lives there full-time. Stronger enforcerr.ent, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the cu rrent proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Jordan Armitage 73325 Juniper St Palm Desert, CA 9 1,260 y ClC) - Ui �U) lU4tG Cv �U� V U °" i Klassen, Rachelle From: Carla Wise <wisecar@cox.net> Sent: Monday, October 23, 2017 2:48 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Carla Wise 77085 New York Ave Palm Desert, CA 92211 v` crs UJ �c:• s W ss"Ww N �o CC o rQ ra o v � 1 Klassen, Rachelle From: Dawn Walnoha-MacKechnie <2DawnMac@gmail.com> Sent: Monday, October 23, 2017 2:51 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Dawn Walnoha-MacKechnie 40374 Pebble Beach Cir Palm Desert, CA 92211 W tG U.< C'7 U. - i O C4-- _ W N L3urGz �U O o 1 Klassen, Rachelle From: Lisa Atherly <lisaatherly@gmail.com> Sent: Monday, October 23,2017 2:56 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Lisa Atherly 485 Desert Falls Dr N Palm Desert, CA 92211 w � c� M LL ts3 CF) UJuJ o 7-C r-- �-� U "' 1 Klassen, Rachelle From: Gerry Guy <guymg777@gmail.com> Sent: Monday, October 23, 2017 2:56 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. Stronger enforcement is a fairer solution to any noise violations than randomly banning certain properties from having rights of their ownership. Please reject the current proposal. At the very least approving stronger restrictions would still respect the homeowners and at the same time placate neighbors who may suffer disturbances. Regards, Gerry Guy 38777 Palm Valley Dr Palm Desert, CA 92211 W %J0 C-)C CM u..L 0 01- X-_ w N cc G-- T]C N 0WO N awc-J� c �a v 1 Klassen, Rachelle From: Pam gibbons <pamsemailbox@gmail.com> Sent: Monday, October 23, 2017 3:02 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance,however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Pam gibbons 43376 Cook St Palm Desert, CA 92211 �?< C-; >- Ui Y Vy Uw0 N WOE O Q � 1 Klassen, Rachelle From: Dustin Larson <dustinlarsonsemail@yahoo.com> Sent: Monday, October 23, 2017 3:20 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy :o see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I wz nt the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights aw ay from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Dustin Larson 38605 Desert Mirage E r Palm Desert, CA 92260 C.) crs L.10 _ 3 CC) Jwfl N Z L) F-a. o Klassen, Rachelle From: Noel Johnson <noeljohnson70@gmail.com> Sent: Monday, October 23, 2017 3:23 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Noel Johnson 201 Seville Cir Palm Desert, CA 92260 J< cr) t_L _ —YV, cc W C}us C N )— O Q � CL a N 1 Klassen, Rachelle From: Gina Miller <gina.m.millerll@gmail.com> Sent: Monday, October 23, 2017 128 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however,is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Gina Miller 74138 Chinook Cir E Palm Desert, CA 92211 w %0 U< c+ry UA Dor � > a c� UJ 6— Vw� � V N 1 Klassen, Rachelle From: michael loveless <mslpalmsprings@gmail.com> Sent: Monday, October 23, 2017 3:35 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance,however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property.They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, michael loveless 49081 Sondgroth Ct Palm Desert, CA 92260 uJ w o� � Dor = W wa N act> G =°' N U 1 Klassen, Rachelle From: Paula Hatrak <hatrakl2@yahoo.com> Sent: Monday, October 23, 2017 3:39 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance,however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement,including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Paula Hatrak 43830 Warner Trail Palm Desert, CA 92211 c� cr) �U moo+ UJ CC W c ;>u3Q N t-- r C) O r G r-- CZ i-G. c Klassen, Rachelle From: Debra Houston <debbie_a_houston@yahoo.com> Sent: Monday, October 23, 2017 4:20 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. I have suvvessfully offered our home for the past 8 years to guests who come back year after year and contribute greatly to the local economy from grocery stores to department store, gas stations to hairdressers. These are people who wish to stay in a well cared for private home and not a hotel type environment. In all these years I have never had a single complaint from any of our surrounding neighbours. Only 5 star reviews. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Debra Houston 73570 Joshua Tree St Palm Desert, CA 92260 u.Q DOh- � WNOC C_ �]CV1 C�ut� U1_J 1 Klassen, Rachelle From: Ray Andrade <ray@ray-andrade.com> Sent: Monday, October 23, 2017 4:25 PM To: CityhallMail Subiect: Please Support Palm Desert Vacation Rentals Dear City Council Member. As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, he wever, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special pri✓ilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, incIL ding additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current prc posal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Ray Andrade 41366 Resorter Blvd Palm Desert, CA 92211 w Ln U_ M V-C �o >tnW UWp N �U= V �-a o U �+ 1 Evans, Donna From: David Lauser <dlauser@earthlink.net> Sent: Monday, October 23, 2017 4:41 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, David Lauser 76080 Honeysuckle Dr Palm Desert, CA 92211 N o r- n r�� "4 _MC-M m aQ tn -rr Q >t> 1 Evans, Donna From: patty padilla <pattyf00@me.com> Sent: Monday, October 23, 2017 4:42 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, patty padilla 73240 Guadalupe Ave Palm Desert, CA 92260 0 -0 >=a C-31 4 3r-M w Min -v rn Mtn �'M on rn � 1 Evans, Donna From: Debbie VanWinkle <luv2faff@aol.com> Sent: Monday, October 23, 2017 5:21 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties,is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Debbie VanWinkle 76529 Clifton Forge St Palm Desert, CA 92211 -vim >.< CI �(A= 4 :CC -M wrnam (A;IK— M �o c.n -n tv '0 1 Klassen, Rachelle From: susieonwillowst@aol.com Sent: Tuesday, October 24, 2017 2:27 PM To: SusieOnWillowSt@AOL.COM Subject: STR thoughts To the City of Palm Desert: I am Susie Peat. I live at 73223 Willow Street in Palm Desert. I am against Short-Term Rentals in R- 1 and R-2 zones. Here are a few points: 1. The home we purchased is zoned R-1 -- not a commercial zone. 2. I have learned a lot thru my Neighborhood Watch efforts. We should know who belongs in our neighborhood and who does not. We should not have revolving doors with strangers coming and going. Short-term renters should be at hotels where there is security to keep the peace. Residents are not equipped to act as our own enforcement -- and we shouldn't be forced to do so. This is not what we signed up for when we purchased our homes. 3. Palm Desert is a jewel! Graffiti Abatement and Public Works are amazing. I love our little neighborhood and do not want to live behind gates. Short term rentals may force me to do just that. We have a friend who had a lovely home in Indian Wells off of Fairway and Cook who moved to Trilogy to escape out of control party houses. David and I have already begun out of area house- hunting in case we need to get out while we can. 4. The neighbor behind me is sandwiched between 2 permitted STRs. One has the owner onsite and the rental unit is a casita. The other STR is completely out of control. Our neighbor stated that the 500' rule basically makes her home worthless. Who would buy her home with STRs on either side? And the 500' rule means she can't even sell it to an investor. 5. There is virtually no enforcement. Hiring 10 or more additional enforcement officers could not cover the wide swath of the city with more than 1,200 permitted STRs. Officers would need to start at 9 or 10 p.m. and work until 5 a.m. -- with their break time being right in the middle of the the greatest problem timing. *The fact that there is even a need for enforcement indicates a problem. Subtracting the cost of "adequate enforcement" from the TOT generated (regardless of which fund the money goes to) insults residents who suffer from the harsh effects of STRs. 6. Some mention a compromise. Let's talk about that word. Who has compromised? The RESIDENTS! We have compromised our quality of life. We have compromised our property values. What have the investors compromised? NOTHING! They make money while making our neighborhoods miserable. Palm Desert residents deserve the best our city can offer. 1 7. Palm Desert residents did nothing to deserve this. The city opened Pandora's box and residents had no say in the matter. The movie "It's A Wonderful Life" comes to mind. Bedford Falls was a mess because George Bailey wasn't there. Bedford Falls turned into Pottersville due to greed. Please do not let greed turn Palm Desert into Pottersville. Previous City Council Members unwittingly allowed this to happen. Gratefully, our current City Council has the opportunity to correct this issue that is now out of control. Cannabis is a big issue for sure. But I believe this the most important issue Palm Desert will ever face. Susie Peat 760-861-8075 z Stanley, Jane CIT Y CLERK'S OFFICE From: Desiree Bilich <des@desireebilich.com> 2017 OCT 24 AM 11: 37 Sent: Tuesday, October 24, 2017 6:42 AM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Desiree Bilich 44139 Oran Ct Palm Desert, CA 92260 i Stanley, Jane RECEIVED ALM DESERT,From: Julie Padron <juliepadron@gmail.com> CA Sent: Tuesday, October 24, 2017 7:09 AM 2017 OCT 24 AM 11= 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Julie Padron 40351 Pebble Beach Cir Palm Desert, CA 92211 i Stanley, Jane CIT R£CCIVCD Y CLI»RK'S ,OFFIC From: Tony Padron <tonypadron7l@gmail.com> 2017.00T 24 AM H 37 Sent: Tuesday, October 24, 2017 7:14 AM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Tony Padron 40351 Pebble Beach Cir Palm Desert, CA 92211 i Stanley, Jane CtT Y RECEIYGLERK S�OFFICE From: Olivier Chaine <olivier@chaine.net> 2017 OCT 24 Sent: Tuesday,October 24, 2017 8:15 AM AM!!= 3� To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Olivier Chaine 44829 Cabrillo Ave Palm Desert, CA 92260 1 RECEIVED Stanley, Jane CITY CLERK'S , CA From: Michelle Nicolai <michellemnicolai@hotmail.cog7�>,, � T 24 AM(!� 37 Sent: Tuesday, October 24, 2017 10:13 AM Z0t To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals (ONE vacation rental property ONLY per person/US citizen, to avoid the impact of"greedy" corporate/LLC rental property investors). I believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement -perhaps with a fully dedicated or already existing employee working weekends and evenings (code enforcement officers and harsh penalties) is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong, and who follow the rules not to disrupt neighbors. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate ONE vacation rental only per US citizen and forbids corporations or LLCs from owning investment rental units in Palm Desert. Thank you. Best regards. Regards, Michelle Nicolai 73490 Foxtail Ln Palm Desert, CA 92260 i RECEIVED Stanley, Jane CITY CLERK'S From: Mark Brenner <fy yter911@gmail.com> OCT 24 Sent: Tuesday, October 24, 2017 10:19 AM AM 1 1 s 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Mark Brenner 675 Vista Lago Cir N Palm Desert, CA 92211 1 RE EI ED Stanley, Jane CITY CLERK'S OFFICIF From: Mark Stainer <stainer5@telus.net> 2811 OCT 24 AM l l 31 Sent: Tuesday, October 24, 2017 10:38 AM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Mark Stainer 72877 Bel Air Rd Palm Desert, CA 92260 i Stanley, Jane RECEIVED CITY CLERK'S OFFICE From: Keith MacKechnie <2KeithMac@gmail.com> Sent: Tuesday, October 24, 2017 10:57 AM 2017 OCT 24 AM 11' 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Keith MacKechnie 41495 Preston Trail Palm Desert, CA 92211 i Stanley, Jane CITY RECEIVED FALMUESERT, CA From: Niki Vrondakis <nkvrondakis@gmail.com> ZO,r Sent: Monday, October 23, 2017 7:12 PM OCT 24 AN ri= 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Niki Vrondakis 485 Desert Falls Dr N Palm Desert, CA 92211 1 RECEIVED Stanley, Jane CITY C RT. CA From: Lisa Quan <lisa.quan@gmail.com> 20110CT 24 Sent: Monday, October 23, 2017 7:12 PM AM 11: 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Lisa Quan 77010 Kentucky Ave Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY CLERK Is CA From: Lori Smith <lorismith@shaw.ca> �,� Sent: Monday, October 23, 2017 7:35 PM OCT 24 AM 11: 3e To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance,however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Lori Smith 273 San Remo St Palm Desert, CA 92260 i Stanley, Jan RECEIVED PALM DESERT, From: Sean Hargaden <shargaden@gmail.com>Sent: Monday, October 23, 2017 7:54 PM 201' OCT 24 AM 11 r 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Sean Hargaden 77626 Hollyhock Dr Palm Desert, CA 92211 i CEI Stanley, Jane C17 Y CL S�4F WrF From: Merritt penhall <penhallwm@gmail.com> 201j OCT 24 Sent: Monday, October 23, 2017 7:55 PM ak 3� To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Merritt penhall 76643 Daffodil Dr Palm Desert, CA 92211 i Stanley, Jane CITY CLERk QMcF F From: Kimberly Rockefeller <krock5@hotmail.com> 2917 OCT 24 Sent: Monday, October 23, 2017 8:06 PM AM��= 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Kimberly Rockefeller 44700 San Antonio Cir Palm Desert, CA 92260 1 RECEIVED Stanley, Jane C!x Y, l. K"S cFFi�G . From: Dina Crump <dina@go-palm.com> 2817 OCT 24 Sent: Monday, October 23, 2017 8:26 PM AM II= 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner&Vacation Rental Company CEO, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners so they can afford to pay property tax, etc. Regards, Dina Crump 42920 Virginia Ave Palm Desert, CA 92211 i Stanley, Jane CIT Y CIER V ED T. C From: Deborah Boardman <debboardman57@gmail.com Sent: Monday, October 23, 2017 8:28 PM 2017 OCT 24 AK 1 j: 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Deborah Boardman 76560 Sweet Pea Way Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY C SERT. C" From: Anna Deliganis <anna@thestratfordcompany.com> ?Oil aC�24 QM�� 7 Sent: Monday, October 23, 2017 8:34 PM , To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Anna Deliganis 72938 Joshua Tree St Palm Desert, CA 92260 1 Stanley, Jane C1T c +1 K'S (�FFtr.� From: Albert Boardman <aljbo1982@gmail.com> Sent: Monday, October 23, 2017 8:46 PM OCT 24 AM I{� 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Albert Boardman 76560 Sweet Pea Way Palm Desert, CA 92211 i Stanley, Jane CIT RECEIVE( ESERT, Cc1 From: Lana Gilbert <vacationhome@yahoo.com>Sent: Monday, October 23, 2017 8:49 PM 201 1 OCT 24 AM 11. 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals(!) and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Lana Gilbert 72740 Citrus Ct Palm Desert, CA 92260 1 RECEIVED Stanley, Jane CST SERT, cn From: Jeff Paul <jpthepubguy5@gmail.com> 21l11 Sent: Monday, October 23, 2017 9:05 PM OCT 24 AM 11 r 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Jeff Paul 244 Vista Royale Cir W Palm Desert, CA 92211 i ED Stanley, Jane CITY " I(-5() ,A From: Debbie Paul <foxfriday5pm@gmail.com> OCT 24 Sent: Monday, October 23, 2017 9:09 PM M 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Debbie Paul 244 Vista Royale Cir W Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY-CLERK'S OFfICF From: Laurie Lang <laurie.lang@att.net> 2017 OCT 24 AM It: 37 Sent: Monday, October 23, 2017 11:18 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Laurie Lang 72749 Skyward Way Palm Desert, CA 92260 i Stanley, Jane CITY C_EA.WS'OFFICE From: Janelle Spain <pjspain56@msn.com> 201 OCT 24 AM I I: 37 Sent: Monday, October 23, 2017 11:45 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Janelle Spain 43830 Buena Cir Palm Desert, CA 92260 i RECEIVED Stanley, Jane CITY CLERK'S OFFICE From: Sherrie Brooks <sherriebrooksrental@gmail.com>2611 OCT 24 AM If: 37 Sent: Tuesday, October 24, 2017 5:51 AM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Sherrie Brooks 76975 New York Ave Palm Desert, CA 92211 1 RECEIVED Stanley, Jane CI , rALM T. CA From: Joel Hollingsworth <joel.hc323@yahoo.com>Sent: Tuesday, October 24, 2017 5:58 AM 2811 OCT 24 AM 11: 37 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. We can prevent people who rent to irresponsible people by banning them from renting after the City has received 3 or more complaints from the neighbors. Regards, Joel Hollingsworth 77090 Florida Ave Palm Desert, CA 92211 i RECEIVED Stanley, Jane �p r Cm OK'S OFFICF From: Mathew Noto <notoz@msn.com> OCT 24 AN It: Sent: Monday, October 23, 2017 6:52 PM 3� To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Mathew Noto 675 Calle Vibrante Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY CL T, C' From: Tanya Goff <tanyagoff@yahoo.com> 201T OCT 24 AM III 38 Sent: Monday, October 23, 2017 7:07 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Tanya Goff 76559 Clifton Forge St Palm Desert, CA 92211 i ED Stanley, Jane CITY aL RKVS A From: Shirlene Salmacia <ss.salmacia@gmail.com> Sent: Monday,October 23, 2017 6:11 PM OCT 24 AM II 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Shirlene Salmacia 74697 Fairway Dr Palm Desert, CA 92260 i Stanley, Jane CITY CE EI�ED R T, C�! From: Darren Berberian <darrenberberian@yahoo.co Sent: Monday, October 23, 2017 5:37 PM �#1'0C�24 AM It; 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Darren Berberian 121 Villa Ct Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY C FALM £R T, C,*, From: Kathy McArthur <Kathy_mcarthur@hotmail.com> 2017 OCT Sent: Monday, October 23, 2017 5:36 PM 2 QH��: 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Kathy McArthur 40366 Bay Hill Way Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY CLERK' From: Tena Jones <tenajones1212@gmai1.com> Sent: Wednesday, October 18, 2017 8:14 PM 2017 OCT 24 AN If: 36 To: weber Subject: STR No matter how well you vet "your customers", there are many more who do not and will not. You can vet and explain the "rules" all you want, they are great renters until they are not and none of us who actually live here should have to put up with even one group of idiots. Yes, some renters may be mature and responsible but you don't know that in advance and that's not the point anyway. Having complete strangers come in and out of our neighborhoods every week is ridiculous and unsafe, especially when so many of these renters get nasty with the permanent and/or long term renters who have every right to complain. Furthermore, to be informed our property values are compromised by this activity is unconscionable. This is a "business" as in "hotel" and should not be allowed in a 1-4 SFR zone. We are hoping the members of the council here understand our very valid concerns regarding OUR quality of life. Allen and Tena Jones i RECEIVED Stanley, Jane CITY FALM ER T, G A From: Debra Houston <debbie_a_houston@yahoo.com>201� Sent: Monday, October 23, 2017 5:27 PM OCT 24 AN I I: 38 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, I have already sent an email about this. I live in Scotland in the UK but have managed to get a flight so that I can be there on Thursday I feel so strongly about this and my livelihood of my home there depends on rental income to maintain it. Debbie Houston Regards, Debra Houston 73570 Joshua Tree St Palm Desert, CA 92260 i RECEIVED Stanley, Jane CITY CLERK 'S OFFICE From: Mel Ternan <melternan@gmail.com> 2011 OCT 24 PM 3' 18 Sent: Tuesday, October 24, 2017 12:03 PM To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Additionally,the HOA organization in our community does a great job of keeping values up, and enforcing our local rules. We do not need the cost of another level of government enforcement. Our investment was made in Palm Desert with the intent to defray our year round utility and tax costs through short term rentals during periods when we are unable to be there. Regards, Mel Ternan 76213 Poppy Ln Palm Desert, CA 92211 i RECEIVED Stanley, Jane CITY CI cone ,,.._. _ DESER i 7 AlC From: Melannie Cormack <melanniec@comcast.net> 2011 Sent: Tuesday, October 24,2017 12:15 PM OCT 24 PM 3; 18 To: CityhallMail Subject: Please Support Palm Desert Vacation Rentals Dear City Council Member, As a Palm Desert homeowner, I support vacation rentals and believe they are an important part of our local economy. I am happy to see the stronger enforcement measures the city is considering in its new ordinance. The proposed ordinance, however, is not an effective solution. It creates an unfair barrier to participation in the market, giving a special privilege to some homeowners over others. Vacation rental permits should be based on a homeowner's ability to responsibly manage the property. They should not be based on where the property is located or if the resident lives there full-time. Stronger enforcement, including additional code enforcement officers and harsh penalties, is key to protecting our quality of life. I want the city to have the tools it needs to shut down the bad guys. I do not want the city to take property rights away from those who have done nothing wrong. Please reject the current proposal and approve an ordinance that strengthens enforcement and preserves the right to operate a vacation rental for all responsible homeowners. Regards, Melannie Cormack 38113 Crocus Ln Palm Desert, CA 92211 1 RECEIVED Stanley, Jane CITY CLERK'S OFHCE From: Victoria Luick <vluick@icloud.com> 2017 OCT 24 PM 3' 50 Sent: Tuesday, October 24, 2017 3:47 PM To: sjohnathan@cityof pal mdesert.org; Kelly, Kathleen; weber Cc: Aylaian, Lauri Subject: Cannabis on El Paseo Good afternoon City Officials, After reading the minutes from your recent council meeting regarding cannabis dispensaries within the City of Palm Desert, I am perplexed on how you differentiate between the"high end stores" and the"others"along El Paseo. Apparently you feel the businesses east of Larkspur are of a lower grade than those west of Larkspur, and that a cannabis store would be acceptable with the local retail,restaurant and other businesses along the eastern portion. There are plenty of places in Palm Desert available not along El Paseo. El Paseo is truly a tourist destination,but is also a family destination with its variety of restaurants,retails stores, and other businesses. And because it is a family destination for shopping and dining, I do NOT feel it is the location for a cannabis dispensary. El Paseo means"the walk". Families walk El Paseo both east and west of Larkspur. Children are inquisitive and like to look into windows and doorways. That is just their nature. There are sufficient problems for children growing up in today's world, and no adult should have to explain why a store if"off limits". If the City chooses to have a cannabis dispensary on El Paseo,then locate it on the second floor of any one of the buildings on El Paseo. There are several with space available. At least then the families including grandmothers out shopping with the grandchildren will not have to explain what cannabis means or anything else. And,please do not insult the businesses east of Larkspur. They may not be the Guccis of the area, but they support the city like everyone else. If a cannabis dispensary is good enough for the City and good enough for El Paseo,then it is good enough for anywhere along El Paseo between Highway 111 on the east and Highway 111 on the west. First a cannabis dispensary, next a liquor store and finally a tattoo parlor will be coming to the"Rodeo Drive of the the desert"once the door is opened. Of course they will all be"high end" stores. Thank you for your time. I hope you will reconsider placement of the dispensary. Palm Desert is an easy city to navigate and everything is within easy reach for people. Victoria Luick Palm Desert 1