HomeMy WebLinkAboutORD 1236ORDINANCE NO. 1236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER
3.28.020 - TRANSIENT OCCUPANCY TAX; ADDING CHAPTER
5.10 - SHORT-TERM RENTALS; AND REPEALING SECTIONS OF CHAPTER
25 — ZONING, REQUIRING A CONDITIONAL USE PERMIT FOR SHORT-
TERM RENTALS.
WHEREAS, the City Council adopted Ordinance No. 1236 on March 8, 2012
revising sections of the Palm Desert Municipal Code; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 10-26, the Director of Community Development has determined that the
project will not have a negative impact on the environment and is exempt from CEQA,
and
WHEREAS, at said public hearings, said City Council heard and considered all
testimony and arguments of all interested persons; and
NOW, THEREFORE, BE IT ORDINANDED by the City Council of the City of
Palm Desert, California, that the following section of the Palm Desert Municipal Code is
hereby amended, as follows:
Section 1: That Chapter 3.28.020 (A) Definitions is hereby amended to read as
below:
"Hotel" means any structure, or any portion of any structure, which
is occupied or intended or designed for use or occupancy by transients,
including, but not limited to dwelling, lodging or sleeping purposes, and
includes any hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodginghouse, roominghouse, apartment house, time-
share project or facility, dormitory, public or private club, mobile home or
house trailer at a fixed location, recreational vehicle or other similar
structure or portion thereof, including a "short term rental unit" as defined
in Section 5.10.
Section 2: That Chapter 5.10 Short-term Rentals is hereby added to the Palm Desert
Municipal Code as follows:
ORDINANCE NO. 1236
Chapter 5.10 SHORT-TERM RENTALS
5.10.010 Title
5.10.020 Purpose
5.10.030 Definitions
5.10.040 Authorized agent or representative
5.10.050 Short-term Rental Permit —Required
5.10.060 Short-term Rental Permit —Application
5.10.070 Operational requirements and standard conditions
5.10.080 Recordkeeping duties
5.10.090 Violations
5.10.100 Requirements not exclusive
Chapter 5.10 SHORT-TERM RENTALS
5.10.010 Title
This chapter shall be referred to as the "Short-term Rental Ordinance."
5.10.020 Purpose
A. The purpose of this chapter is to establish regulations for the
use of privately owned residential dwellings as short-term rentals that
ensure the collection and payment of Transient Occupancy Taxes (TOT)
and minimize the negative secondary effects of such use on surrounding
residential neighborhoods.
B. This chapter is not intended to provide any owner of
residential property with the right or privilege to violate any private
conditions, covenants and restrictions applicable to the owner's property
that may prohibit the use of such owner's residential property for short
term rental purposes as defined in this chapter.
5.10.030 Definitions
For purposes of this chapter, the following words and phrases shall
have the meaning respectively ascribed to them by this section:
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ORDINANCE NO. 1236
"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 the owner of the short-term rental unit or the
owner's authorized agent or representative.
"City Manager" means that person acting in the capacity of the City
Manager of the City of Palm Desert or designee.
"Good neighbor brochure" means a document prepared by the City
that summarizes the general rules of conduct, consideration, and respect,
including without limitation provisions of the Palm Desert Municipal Code
and other applicable laws, rules or regulations pertaining to the use and
occupancy of short-term rental units.
"Local contact person" means the person designated by the owner
or the owner's authorized agent or representative who shall be available
twenty-four (24) hours per day, seven (7) days per week for the purpose
of: (1) responding within sixty (60) minutes to complaints regarding the
condition, operation, or conduct of occupants of the short-term rental unit;
and (2) taking remedial action to resolve any such complaints.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or
equitable title to the subject short-term rental.
"Operator" means the Owner or the designated agent or
representative of the Owner who is responsible for compliance with this
chapter with respect to the short term rental unit.
"Property" means a residential legal lot of record on which a short-
term rental unit is located.
"Responsible person" means an occupant of a short-term rental unit
who is at least twenty-one (21) 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.
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ORDINANCE NO. 1236
"Short-term rental unit" means a privately owned residential
dwelling, such as, but not limited to, a single-family detached or multiple -
family attached unit, apartment house, condominium, cooperative
apartment, duplex, or any portion of such dwellings, rented for occupancy
for dwelling, lodging, or sleeping purposes for any period less than twenty
seven (27) consecutive days or less.
"Short-term rental 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 this chapter, and that incorporates by consolidation a
Transient Occupancy Registration Permit and any other potential licensing
required in Chapter 5 of the Palm Desert Municipal Code.
"Transient" for purposes of this chapter means any person who
seeks to rent or who does rent a privately owned residential unit for a
period less than twenty seven (27) consecutive days or less.
"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.
5.10.040 Authorized agent or representative
A. An owner shall designate the owner or an agent or a
representative to comply with the requirements of this chapter on behalf of
the owner. The owner or designated agent of representative is referred to
as "Operator" in 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's authorized
agent or representative or the occupants of the owner's short-term rental
unit or their guests.
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ORDINANCE NO. 1236
5.10.050 Short-term Rental Permit —Required
A. The Operator is required to obtain a short-term rental permit
from the City, pursuant to the provisions of this chapter and Chapter 3.28
respectively, before renting any privately owned residential dwelling to any
transient for a period less than a monthly basis.
B. A short-term rental permit shall be required to be renewed
on an annual basis based on the anniversary of the original permit
issuance in order to remain valid.
5.10.060 Short-term Rental Permit —Application
A. The operator must submit the following information on a
short-term rental permit application form provided by the City:
1. The name, address, and telephone number of the
owner of the subject short-term rental unit;
2. The name, address, and telephone number of the
operator;
3. The name, address, and twenty-four hour telephone
number of the local contact person;
4. The address of the proposed short-term rental unit;
5. The number of bedrooms and the applicable
overnight and daytime occupancy limit of the proposed short-term
rental unit;
6. Acknowledgement of receipt and inspection of a copy
of the good neighbor brochure;
7. Such other information as the City Manager or
designee deems reasonably necessary to administer this chapter.
B. The short-term rental permit application shall be
accompanied by an application fee established by resolution of the City
Council.
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C. 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 5.10 and Chapter 3.28.
D. A short-term rental permit application may be denied if the
applicant has had a prior short-term rental permit for the same unit
revoked within the past twelve (12) calendar months.
E. Within fourteen (14) 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, which must be obtained prior to continuing to rent the
subject unit as a short-term rental.
5.10.070 Operational requirements and standard conditions
A. The operator shall use reasonably prudent business
practices to ensure that the short-term rental unit is 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).
B. Minimum Number of Days and Nights for Rent or Lease: The
minimum number of days that a short-term rental shall be occupied for is
three (3) days, two (2) nights. Less than three (3) day, two (2) night rentals
or leases shall be prohibited.
C. Maximum Number of Occupants: The maximum number of
overnight guests for a short-term vacation rental shall not exceed two (2)
persons per bedroom. Additional daytime guests are allowed between the
hours of 7:00 am and 10 pm, with the maximum daytime guests not to
exceed two (2) persons per bedroom with a maximum of twenty (20)
guests allowed for five (5) bedrooms or more. The following table
illustrates the maximum number of occupants:
Number of Total of Overnight Total Daytime Occupants (Including
Bedrooms Occupants Number of Overnight Occupants)
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ORDINANCE NO. 1236
0 — Studio
2
4
1
2
4
2
4
8
3
6
12
4
8
16
5
10
20
6
12
20
7
14
20
D. Appearance, Visibility or Location: A short-term vacation
rental 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.
E. On -site Parking Required: All parking associated with a
short-term vacation rental shall be entirely on -site, in the garage, carport,
and driveway or otherwise off of the public street.
F. Noise: Occupants of the short-term vacation rental shall
comply with the standards and regulations of the Palm Desert Municipal
Code Chapter 9.24 Noise Control and Chapter 9.25 Multiple Responses to
Loud or Unruly Parties, Gatherings or Other Similar Events. 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 the outside of any short-term rental unit between the
hours of 10 p.m. and 10 a.m.
G. Renter Notification: The operator shall provide each
occupant of the short-term vacation rental with the following information
prior to occupancy of the unit and/or shall post such information in a
prominent location within the unit:
1. Operator with 24 hour availability.
2. The maximum number of overnight occupants and the
maximum number of daytime occupants as permitted
pursuant to the chapter.
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ORDINANCE NO. 1236
3. Trash pick-up day and applicable rules and regulations
pertaining to leaving or storing trash on the exterior of the
property.
4. A copy of the Palm Desert Municipal Code Chapter 9.24
Noise Control and Chapter 9.25 Multiple Responses to Loud
or Unruly Parties, Gatherings or Other Similar Events
5. Notification that the occupant or owner may be citied 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.
H. While a short-term rental unit is rented, the operator shall be
available twenty-four (24) hours per day, seven (7) days per week for the
purpose of responding within sixty (60) minutes to complaints regarding
the condition, operation, or conduct of occupants of the short-term rental
unit or their guests.
I. The operator and the designated local contact person 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 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.
J. Prior to occupancy of a short-term rental unit, the operator
shall: (1) obtain the name, address, and a copy of a valid government
identification of the responsible person; (2) provide a copy of the good
neighbor brochure to the responsible person; and (3) require such
responsible person to execute a formal acknowledgement that he or she is
legally responsible for compliance by 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 (3)
years and be made readily available upon request of any officer of the City
responsible for the enforcement of any provision of the Municipal Code or
any other applicable law, rule or regulation pertaining to the use and
occupancy of the short-term rental unit.
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ORDINANCE NO. 1236
K. The operator and/or the designated local contact person
shall 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 unit, promptly respond within sixty (60) minutes
and 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 owner, and/or operator to respond to calls or
complaints regarding the condition, operation, or conduct of occupants
and/or guests of the short-term rental within sixty (60) minutes and
appropriate manner shall be subject to all administrative, legal and
equitable remedies available to the City.
L. The operator and/or the designated local contact person
shall report to the City Manager, or designee, the name, violation, date,
and time of disturbance of each person involved in three or more
disorderly conduct activities, disturbances or other violations of any
applicable law, rule or regulation pertaining to the use and occupancy of
the subject short-term unit.
M. 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 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 Municipal
Code.
N. The operator and/or the designated local contact person
shall 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,
and a copy of the good neighbor brochure shall be provided to each
occupant of the subject short-term rental unit.
O. 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 or designee. In the
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ORDINANCE NO. 1236
instance of audio -only advertising of the same, the short-term rental permit
number shall be read as part of the advertising.
P. Unless otherwise provided in this chapter, the operator shall
comply with all provisions of Chapter 3.28 of the Municipal Code
concerning transient occupancy taxes, including, but not limited to,
submission of a monthly TOT return in accordance with Section 3.-28.070
of Chapter 3.28 of the Municipal Code, which shall be filed monthly even if
the short-term rental unit was not rented during each such month.
Q. The City Manager, or designee, 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.
R. The standard conditions set forth herein may be modified by
the City Manager, or designee, upon request of the operator based on
site -specific circumstances for the purpose of allowing reasonable
accommodation of a short-term rental. All requests must be in writing and
shall identify how the strict application of the standard conditions creates
an unreasonable hardship to a property such that, if the requirement is not
modified, reasonable use of the property for a short-term rental would not
be allowed. Any hardships identified must relate to physical constraints to
the subject site and shall not be self-induced or economic. Any
modifications of the standard conditions shall not further exacerbate an
already existing problem.
5.10.080 Recordkeeping duties
The operator shall maintain for a period of three (3) 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 transient
occupancy tax owed to the City. The tax administrator shall have the 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 (1) week after request, which
may be subject to the subpoena pursuant to Section 3.28.110
5.10.090 Violations
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ORDINANCE NO. 1236
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 or designee 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 Chapter 5.10 of the
Municipal Code.
1. Whenever any operator fails to comply with any
provision of this chapter, the City Manager or designee upon
hearing, after giving the operator and/or owner ten (10) days notice
in writing specifying the time and place of hearing and requiring him
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, or designee, 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. 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 Chapter 5.10 of the
Municipal Code, if there is any violation of this chapter committed, caused
or maintained by the 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
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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 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 two
hundred fifty dollars ($250) for the first citation; (2) an administrative fine in
an amount not to exceed five hundred dollars ($500) for a second citation
issued for the same offense within a twelve (12) month period of the date
of the first offense; and (3) a fine in an amount not to exceed one
thousand dollars ($1,000) for a third (3) and any subsequent citation
issued for the same offense within a twelve (12) month period of the date
of the first offense. Notwithstanding the above, operating a short-term
rental unit without a validly issued short-term rental permit shall be subject
to: (1) a fine in an amount not to exceed one thousand dollars ($1,000) for
the first citation; (2) a fine in an amount not to exceed one thousand five
hundred dollars ($1,500) for a second citation issued for the same offense
within a twelve (12) month period of the date of the first offense; and (3) a
fine in an amount not to exceed two thousand five hundred dollars
($2,500) for the third citation issued for the same offense within a twelve
(12) month period of the date of the first offense.
E. 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 of the Municipal Code,
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 the 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 five hundred dollars ($500) for a first conviction of an offense; (2) a
fine in an amount not to exceed seven hundred fifty dollars ($750) for a
second conviction of the same offense within a twelve (12) month period
of the date of the first offense; and (3) a fine in an amount not to exceed
one thousand dollars ($1,000) for the third conviction of the same offense
within a twelve (12) month period of the date of the first offense. The fine
for a fourth and subsequent convictions of the same offense within a
twelve (12) month period of the date of the first offense shall be one
thousand five hundred dollars ($1,500). Notwithstanding the above,
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ORDINANCE NO. 1236
operating a short-term rental unit without a validly issued short-term rental
permit shall 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 one thousand five hundred dollars ($1,500) for a
second conviction of the same offense within a twelve (12) month period
of the date of the first offense; and (3) a fine in an amount not to exceed
two thousand dollars ($2,000) for the third conviction of the same offense
within a twelve (12) month period of the date of the first offense. The fine
for a fourth and subsequent convictions of the same offense within a
twelve (12) month period of the date of the first offense shall be five
thousand dollars ($5,000).
F. 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 of the Municipal Code.
Section 3: That Chapter 25.14,030 (K) — Conditional uses is hereby repelled in its
entirety.
Section 4: That Chapter 25.15.022 — Conditional uses is hereby repelled in its entirety.
Section 5: That Chapter 25.16.030 (K) — Conditional uses is hereby repelled in its
entirety
Section 6: That Chapter 25.18.030 (M) — Conditional uses is hereby repelled in its
entirety
Section 7: That Chapter 25.20.030 (0) — Conditional uses is hereby repelled in its
entirety
Section 8: That Chapter 25.22.030 (1) — Conditional uses is hereby repelled in its
entirety
Section 9: That Chapter 25.24.025 (1) — Conditional uses is hereby repelled in its
entirety
Section 10: Certification: That the City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in the Desert Sun, a newspaper of
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ORDINANCE NO. 1236
general circulation, published and circulated in the City of Palm Desert,
California.
Section 11: Effective Date: This ordinance shall take effect thirty (30) days after its
seconding reading.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 22nday of March 2012, by the following vote, to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NAYS: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA HELLE D. KLAS EN, City Cle
City of Palm Desert, California
APPROVED AS TO FORM:
DAVI J. N, CITY ATTORNEY
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