Sandra Molina, Code Compliance Manager, presented an overview of the proposed changes to the Short-Term Vacation Rental Ordinance. She presented the following points:
Background
STVR Program Recommended Changes
Residents Suggestions
STVR Program and City Attorney
Councilmember Raymond Gregory requested clarification on short-term vacation rental insurance.
Sandra Molina provided a brief overview of short-term vacation rental insurance that is available.
Councilmember Mark Carnevale inquired why short-term vacation rental insurance is being recommended.
City Attorney Eric Vail provided a brief overview of the legal protections for the city by requiring this type of insurance.
Councilmember Raymond Gregory expressed his concern with the proposed recommendations related to mailing notifications.
Mayor Ernesto Gutierrez and Mayor Pro Tem Rita Lamb concur with Councilmember Gregory’s concerns related to the recommendations related to mailing notifications.
Sandra Molina stated that staff will evaluate the recommendation related to mailing notifications further based on the comments received by the City Council.
The City Council expressed their support for not counting children ages 2 years and younger for occupancy limits.
City Attorney Eric Vail stated that it would be difficult to enforce an exclusion for children 2 years and younger, which is the reason for the current occupancy limits.
Sandra Molina indicated that staff would evaluate occupancy limits further.
Councilmember Raymond Gregory suggested requiring STVR owners to submit a URL on an annual basis and require submittal if there are any changes.
Sandra Molina took note of Councilmember Gregory’s recommendation.
It was the consensus of the City Council not to change the current provision related to vehicle parking in front of mailboxes for STVRs.
Councilmember Nancy Ross requested clarification on the appeal process for license suspensions and revocations.
Sandra Molina provided an overview of the current appeal process and recommendations related to revising the process.
Mayor Ernesto Gutierrez supports staff’s recommendations related to the appeal process.
Councilmember Raymond Gregory questioned if it is appropriate for residents to receive notice of a citation and be able to provide input if they are not a “party” to the citation.
City Attorney Eric Vail indicated that it is not the normal process for residents to be involved in the process. He stated that if the city chooses to make the process a more public orientated process it can be designed that way, however, the enforcement aspect will become much lengthier and more expensive. The original process is designed to be much more efficient. He wants the Council to keep in mind that the city wants to maintain its ability to suspend a license even if it does not have four suspensions.
This City Council stopped discussion on this item at 6:57 p.m. and will resume discussion after item 5B has concluded.
The City Council resumed discussion on this item at 8:02 p.m.
Councilmember Raymond Gregory supports staff’s recommendation to limit the number of permitted bedrooms that can be rented out in a home share to 50% and permitting only one room to be rented out in a three-bedroom home share.
Mayor Ernesto Gutierrez concurs with Councilmember Gregory.
Mayor Pro Tem Rita Lamb concurs with Councilmember Gregory.
City Attorney Eric Vail indicated that he has reviewed residents’ suggestion number 3 to hold online platforms accountable for listing unpermitted STVRs and recommends the City Council consider moving forward. His office has provided staff with suggestions on how to accomplish this.
City Attorney Eric Vail indicated that he does not recommend residents’ suggestion number 4 to constitute each night as a separate violation at an unpermitted property.
In regard to residents’ suggestion number 5, City Attorney Eric Vail recommends the following:
Adopt an urgency ordinance at the next City Council meeting related to prohibiting the issuance of licenses by HOAs in R1 and R2 zones. Consider doing a zoning ordinance that prohibits STVRs in single family residential zones.
Councilmember Raymond Gregory supports the City Attorney’s recommendations.
Councilmember Nancy Ross supports the City Attorney’s recommendations.
Mayor Pro Tem Rita Lamb supports the City Attorney’s recommendations.
Mayor Ernesto Gutierrez supports the City Attorney’s recommendations.
Mayor Ernesto Gutierrez supports residents’ suggestion number 10 to lower the current fine structure. He supports $1000 for first violation, $3000 second violation, and $5000 for the third violation.
Mayor Pro Tem Rita Lamb concurs.
City Attorney Eric Vail indicated that in regard to suggestion number 12 he recommends adding language to be clearer.
City Attorney Eric Vail indicated that in regard to suggestion number 15, his office will be bring forward a recommendation for the City Council to review and consider.
Diane McAlpine stated that there is no requirement for homeowners’ insurance other than by a lender and is not in favor of STVR insurance. She expressed concern that HOAs are not obligated to notify the homeowners and she would want to be notified of STVRs. Airlines allow children under the age of two to sit on the lap of an adult and suggested using the same age guideline for STVRs. She feels that parking in front of mailboxes is rude and should remain prohibited. HOA residents are enduring problems, and she believes HOAs will request that the city ban STVRs in HOAs as Rancho Mirage did.
Tony Michaelis, President Montage at Mission Hills, echoes Diane McAlpine's comments regarding HOAs. He supports a band of STVRs in HOAs and feels HOAs need the city's help enforcing.
Danielle Mead concurs with Diane's comments. With regard to notification in HOAs, she feels people are more likely to open mail from the city rather than their HOA boards or management companies. Trash cans should be based on occupancy rather than bedrooms. Reporting on violations is very important, the public relies on this information. Would like something in the ordinance to require the city to keep reporting up to date.
Ed Emond-Worline expressed his excitement that the City is going to issue a moratorium on HOA STVRs in R1 and R2 neighborhoods. He requested that staff meet with residents as the changes to the ordinance are being drafted. He submitted an email to the City Clerk to share with Council regarding Palm Springs agenda items for STVR appeals, which allows the public to have input.
Lowell Freeman expressed his concern for the increase for licenses since Desert Princess Country Club enforces their short-term rentals not the city. He hopes once the STVRs are gone the city will bring the cost back down.
Teri Hargreaves thanked staff for meeting with residents in October and taking their recommendations into consideration. She couldn't be happier. She recommends the city enforce three strikes and you’re out for violations. Parking in front of mailboxes gets a lot of complaints and feels it needs to be addressed. Renewal permits are still an issue for problem STVRs and that needs to be addressed.
Doug Evans commended the staff for their hard work in the last year. He is very pleased with the report from the City Attorney regarding urgency ordinance and zoning amendments. The problem STVR house on North Hampton should have had their license suspended in February and suggested the city look at the records and how much energy goes into the management of bad apples. He feels that the public can provide input, as other larger cities have allowed, with regard to appeals.
Rocky Patterson expressed his excitement for the recommendations put forth. He also expressed his concern about the STVR next door to him that is renting for short-term and instructing their occupants to say they are staying long-term. He thanked everyone for their efforts to make his neighborhood a nice place to live.
Bary Freet expressed support of HOAs having the ability to determine and enforce STVRs within their purview. He feels that the CC&R for Tentative Track Map No. 38137 should be comparable with other CC&Rs in the area.
Councilmember Raymond Gregory supports suspension of licenses on the third citation.
He hopes that staff will look at allowing the public to be able to provide input in the appeal process as is the case in other cities.
Councilmember Mark Carnevale supports suspension of licenses on the third violation.
This item was for information and direction only, no formal action was taken.
The City Council recessed at 9:04 p.m.
The City Council reconvened at 9:15 p.m.