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Attachment B
Thirteen Recommendations for
Consideration
Recommendation 1 – Staff Supported
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Consistent application of “response time” related to the local contact and the response to complaints regarding the condition, operation or conduct of occupants of the Vacation Rental.
Staff find that consistency is needed with respect to “response time”. The following language amendment will apply:
§ 5.25.030 Definitions.
"Local contact person"
means the owner, a local property manager, or agent of the owner, or any agent of the owner authorized by the owner to take remedial action and who responds to any violation of this code, who is available 24 hours per day, seven days per week for the purpose of (1) responding by telephone within fifteen (15) minutes of complaints, after being notified by the enforcement official and after this period has elapsed (2) responding in-person within thirty (30) minutes to any failure to address complaints regarding the condition, operation, or conduct of occupants of the vacation rental,. or any agent of the owner authorized by the owner to take remedial action and who responds to any violation of this code.
§ 5.25.070Operational Requirements and Standard Conditions. (e) During the rental term each vacation rental unit is rented, thowner, his or her agent, and/or the local contact person designated by the owner, after being contacted by the enforcement official, shall be available 24 hours per day, seven days per week, for the purpose of: (1) responding by telephone within 15 minutes of complaints, after being notified by the enforcement official and after this period has elapsed from or through the hotline; and (2) responding in-person within thirty (30) minutes to any additional or successive failure to address complaints regarding the condition, operation, or conduct of occupants of the vacation rental.
(i) The enforcement official shall be the first responder and have primary responsibility for the enforcement of this chapter. In the event the enforcement official notifies the owner, or his or her agent, the owner, or his or her agent, that the responsible person, including any occupant and/or guest of the vacation rental unit, has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the municipal code or any state law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests, and evict one or more of the guests when requested by the enforcement official. For the purpose of this subsection and subsection (j) below, the phrase "in a timely and appropriate manner" shall mean in person contact within 30 minutes for any call from the enforcement official. responding by telephone within 1 3
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fifteen (15) minutes of complaints, and after this period has elapsed (2) responding in-person within thirty (30) minutes to any failure to address complaints regarding the condition, operation, or conduct of occupants of the vacation rental.
Recommendation 2 – Staff Partial Support
Palm Springs Municipal code 5.25.070(c) states that no more than one automobile per bedroom shall be allowed for each vacation rental.
The recommendations below were presented:
Two (2) additional vehicles are allowed during daytime occupancy hours (10am- 10pm) for visitors or services. (support)
No strike (violation count) against the owner’s certificate for any citation issued to guests for parking violation. (not supported)
VR owners vehicles(s) stored on property do not count toward total vehicle count. (support)
Staff have reviewed the recommendations and propose the following amendment to the Ordinance:
§ 5.25.070Operational Requirements and Standard Conditions. (c) The owner shall limit overnight occupancy of the vacation rental unit to a specific number of occupants, with the maximum number of occupants as no more than two persons per bedroom within each vacation rental unit and a maximum of no more than eight persons total within the vacation rental unit, except that owner may allow up to two minor children, age 12 or under, to occupy the vacation rental in addition to the maximum number of occupants otherwise provided in this subsection. The number of bedrooms in a vacation rental shall be verified by the enforcement official using county assessor and/or city building records and/or a physical inspection of the premises, prior to the issuance of a registration certificate. The owner may also allow up to four daytime occupants in addition to the total number of guests allowed for overnight occupancy pursuant to this subsection. No more than one guest vehicle per bedroom shall be allowed for overnight occupancy for each vacation rental. Notwithstanding the preceding sentence, two additional guest vehicles are allowed during daytime occupancy as defined in section 5.25.030. Advertising and/or renting one or more vacation rentals as part of a cluster or compound is prohibited Recommendation 3 – Staff Support
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Palm Springs Municipal Code 5.25.070(h)(6) states that the responsible person provides a list of all guests' vehicles, including license plate numbers This recommendation was offered as, pursuant to Palam Springs Municipal Code
5.25.070(h), collection of such information is to be collected at the time the written contract is entered into. However, conflicts arise with the use of rental cars and the information not being readily available at the time of contract entry.
Staff have reviewed the recommendations and propose the following amendment to the Ordinance:
§ 5.25.070Operational Requirements and Standard Conditions. (h) Prior to occupancy pursuant to each separate occasion of rental of a vacation rental, the owner or the owner's agent or representative shall enter into a written contract with a responsible person where: (1) the responsible person will provide the responsible person's name, age, address, and a copy of a government issued identification; (2) establishes and sets out the terms and conditions of the contract, including without limitation, occupancy limits, noise prohibitions, and vehicle parking requirements; (3) requires the responsible person to acknowledge and agree that he or she is legally responsible for compliance of all occupants of the vacation rental or their guests with all provisions of this chapter and/or the municipal code; (4) the owner or the owner's agent provides a copy of the "Good Neighbor Brochure" to the responsible person; and (5) the responsible person provides a list of all guests by name; and (6) the responsible person provides a list of all guests' vehicles, including license plate numbers. Each contract shall be maintained by the owner or the owner's agent for a minimum of four years and shall be readily available for inspection upon request of the enforcement official. A summary or abstract of the written contract, in a form approved by the enforcement official, shall be filed with the enforcement official prior to each applicable occupancy, in a manner approved by the enforcement official, and shall be posted in a conspicuous location on the vacation rental property and shall be made available on site at the request of an enforcement official.
Recommendation 4 – Supported by Staff.
Palm Springs municipal code 5.25.070(h) states that each contract shall be maintained by the owner or the owner's agent for a minimum of four years and shall be readily available for inspection upon request of the enforcement official.
This recommendation was offered with respect to the requirement as part of the written contract process, a copy of the government issued identification is obtained. The recommendation is to specifically state that the copy of the government issued identification shall be retained for a minimum of 24-hours. After consultation with the City 1 3
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Attorney and further discussion with VRON, the Ordinance will be revised to maintain the government issued identification for a minimum of thirty (30) days.
Recommendation 5 – Staff Supports
Palm Springs Municipal Code 5.25.070(k) states that trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The owner of the vacation rental unit shall use reasonably prudent property ownership/management practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion), and shall provide "walk-in service" or as may otherwise be approved by the enforcement official.
This recommendation was offered with respect that if a violation is found, and a citation issued, that the violation does not count towards the vacation rental certificate with respect to the three violations in a 12-month period. All Vacation Rental Certificate holders pay for the “walk-in service”
Staff have reviewed the recommendations and propose the following amendment pursuant to administrative regulation dated October 4, 2018:
§ 5.25.070Operational Requirements and Standard Conditions. (k) Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The owner of the vacation rental unit shall use reasonably prudent property ownership/management practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion), and shall provide "walk-in service" or as may otherwise be approved by the enforcement official. The Owner, Agent or designated Local Contact person of the Vacation Rental where the violation takes place shall be given a pre-citation or courtesy notice, and have sixty (60) minutes to cure the violation, which time shall commence upon verbal communication with an enforcement official. Any failure to cure the violation subject to this section within sixty (60) minutes will result in an issuance of an administrative citation for the violation in question.
Recommendation 6 – Staff Supports
Palm Springs Municipal Code 5.25.070(l) states that all home repairs (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall not be performed between the hours of 5:00 p.m. on Friday through 8:00 a.m. on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonably 1 3
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warrants a timely or immediate response. Repairs and maintenance shall not be scheduled in advance to occur during the days and time specified in this subsection.
This recommendation was offered to have vacation rental owners adhere to the same maintenance and repair requirement defined in the city ordinances for all Palm Springs residences.
Staff have reviewed the recommendations and propose the following amendment to the Ordinance:
§ 5.25.070Operational Requirements and Standard Conditions. (l) All home repairs (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall not be performed between the hours of 5:00 p.m. on Friday through 8:00 a.m. on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonably warrants a timely or immediate response. Repairs and maintenance shall not be scheduled in advance to occur during the days and time specified in this subsection. abide by the restrictions described in Palm Springs Municipal Code 11.74.041, 11.74.042 and 8.04.220.
Recommendation 7 – Not Supported by Staff
Palm Springs Municipal Code 5.25.070(m) states that the owner or the owner's agent or representative shall meet the responsible party in person at the vacation rental or the owner's or owner's agent's office prior to, or within 24 hours of, the commencement of the occupancy and verbally explain and describe all rules and regulations applicable to the use of the property as a vacation rental and the responsibilities of the responsible party to the neighbors and the City as well as the owner. The owner shall secure the signature of the responsible party and all adult guests to a statement of rules and regulations prepared by the city manager prior to or within 24 hours of the arrival of the guest at the vacation rental.
This recommendation was offered to have only the Responsible Party to be required to sign the Statement of Rules and Regulations.
Staff have reviewed the recommendations and propose to not amend Palm Springs Municipal Code 5.25.070(m).
Recommendation 8 – Not supported by Staff
Palm Springs Municipal Code 5.25.070(n) states that the owner of the vacation rental unit shall post a copy of the registration certificate and a copy of the conditions set forth in this section, including all rules and regulations applicable to the use of the property as a 1 3
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vacation rental, on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door.
This recommendation was offered to have such section removed since Code Compliance has registration certificate information and the guests have been given the good neighbor brochure and the rules and regulations statement document.
Staff have reviewed the recommendations and propose not to amend Palm Springs Municipal Code 5.25.070(n)
Recommendation 9 – Not supported by Staff
Palm Springs Zoning Code 93.23.16C states that upon a determination by the City Manager of a third qualified violation within any 24 month period regarding the vacation rental of an Estate House, the land use permit for such vacation rental shall be subject to revocation or modification by the Planning Commission at a noticed public hearing to be held in the manner provided for in Section 94.09.00 of this Code.
This recommendation was offered due to Estate Home Vacation Rentals receiving less citations than non-estate homes. The recommendation would have the violation parameter relating to the Land-Use permit be similar to the violation parameter around the Vacation Rental Registration Certificate, meaning that 3-violations in a twelve (12) month period would subject the Land-Use permit for revocation or modification by the Planning Commission instead of 3-violations in a twenty-four (24).
Staff have reviewed the recommendations and propose to not amend the code currently. Further discussion is needed as this is a zoning code update.
Recommendation 10 – Staff Supports
Palm Springs Municipal Code 5.25.090(f) states that the appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a registration certificate.
This recommendation was offered related to the conditions set forth in Palm Springs Municipal Code 2.50, where as in 2.50.080(a) it states A person aggrieved by an action taken by an administrative officer of the city as provided in Section 2.50.020 may appeal the action to the board by filing with the city clerk a written notice of appeal within ten days of the action. There is concern that ten days is not sufficient time to receive notice, request a public records request and be able to submit a timely appeal. The recommendation is to increase the written notice of appeal requirement from ten days to thirty (30) days.
Staff have reviewed the recommendations and propose the following amendment to the Ordinance:
§ 2.50.080Administrative appeals—Filing and notice procedures. 1 3
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(a) A person aggrieved by an action taken by an administrative officer of the city as provided in Section 2.50.020 may appeal the action to the board by filing with the city clerk a written notice of appeal within ten days thirty (30) days of the action.
The notice of appeal shall set forth the appellant's full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought; and shall include payment to the city clerk of the appeal fee, as established or amended time to time by resolution of the city council.
Recommendation 11 – Staff Supports
Recommendation to review, compile and include seventeen (17) outstanding Administrative Regulations. Attachment C
Staff have reviewed the recommendations and will include the administrative regulations towards the code amendment.
Recommendation 12 – Not supported by staff
Administrative Appeals Board Oversight recommendation.
This recommendation offers concern that the AAB currently has no authority to hold an Agency/Owner’s Representative accountable when their negligence harms a VR homeowner. This has led to penalties on owners, such as lifetime bans or multi-year suspensions, caused by representative misconduct. VRON recommends granting the AAB discretion to redirect penalties and fines toward the responsible representative, while allowing homeowners to retain permits if corrective actions are taken.
Staff have reviewed the recommendations and propose not to amend the code currently. Further discussion with is needed as this will require an update to the Administrative Appeals Board Municipal Code.
Recommendation – 13 Not supported by staff
Emergency Preparedness
This recommendation offers a consideration of a modification to the Ordinance that would allow for accommodating evacuees during a time of declared emergencies or evacuations where bookings for those affected would not count towards contract limits.
Staff have reviewed this recommendation and is not recommended. Direction should be given by City Council on a case-by-case basis.