This chapter shall be referred to as the "Vacation Rental Ordinance."
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022; )
The city council finds and determines as follows:
(a)
The
primary use of single-family and multifamily dwelling units in the
city of Palm Springs is the provision of permanent housing for full
time and part time residents of the city who live and/or work in the
city. Vacation rentals and homesharing are not uses specifically recognized
in the city's zoning ordinance, nor are these uses expressly identified
as uses permitted in single-family or multifamily zones. Vacation
rentals and homesharing are similar in character and use as hotels
and other commercial short term uses and can only be permitted in
single-family or multifamily zones if such uses are ancillary and
secondary to the residential use of property. This chapter confirms
vacation rentals and homesharing are only allowed as ancillary and
secondary uses of residential property in the city.
(b)
The
purpose of this chapter is to establish a regulatory program for vacation
rental and homesharing lodging, with appropriate standards that regulate
vacation rental of residential property, minimize adverse effects
of vacation rental uses on surrounding residential neighborhoods,
ensure that vacation rentals and homesharing are ancillary and secondary
uses of residential property consistent with the provisions of the
city's zoning ordinance, preserve the character of neighborhoods in
which vacation rental and homesharing uses occur, and provide an administrative
procedure to preserve existing visitor serving opportunities and increase
and enhance public access to areas of the city and other visitor destinations.
(c)
Limiting
vacation rental and homesharing lodging to single-family dwelling
units subject to the regulations provided in this chapter and prohibiting
vacation rental and homesharing lodging in apartments will safeguard,
preserve, and protect residential housing stock in the city.
(d)
The
adoption of a comprehensive code to regulate issuance of, and attach
conditions to, registration certificates for vacation rental and homesharing
lodging within single-family residential neighborhoods and the related
use of residential property preserves the public health, safety, and
welfare. This chapter provides a permitting process and imposes operational
requirements consistent with the ancillary and secondary status of
vacation rentals and homesharing, for the purpose of minimizing the
potential adverse impacts of transient uses on residential neighborhoods.
A vacation rental registration certificate is a privilege; not a right.
Furthermore, vacation rental registration certificates may be revoked
or not renewed based on non-compliance with the requirements of this
chapter.
(e)
This
chapter is not intended to regulate hotels, motels, inns, time-share
units, or non-vacation type rental arrangements including, but not
limited to, lodging houses, rooming houses, convalescent homes, rest
homes, halfway homes, or rehabilitation homes.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1891 § 1, 2016; Ord. 1902 § 1, 2016; Ord.
1918 § 1, 2017; Ord. 2075 § 1, 2022)
For purposes of this chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this section:
means: (a) a residential unit in a multifamily development
of two dwelling units where both dwelling units are rented or leased
for occupancy as a residence for individual families, and (b) a residential
unit in a multifamily development of three or more dwelling units.
means the owner.
means an area of a vacation rental normally occupied and
being heated or cooled by any equipment for human habitation, which
is 120 square feet and greater in size, consists of four walls to
the ceiling, at least one of which is located along an exterior wall
with a window, and contains a built-in closet.
means a corporation, partnership, or other legal entity that
is not a natural person or a personal or family trust. In addition,
the following shall not be considered a "business entity" under this
chapter: any partnership, limited liability partnership, or limited
liability company consisting solely of natural persons, the number
of whom does not exceed four.
means the transfer of title from one person to another.
means any two or more vacation rentals that operate on a
unified or shared basis where residents of such vacation rentals have
exclusive access to more than one vacation rental and/or the facilities
of such vacation rentals, including by way of example, a swimming
pool, tennis court, or cooking facilities.
means an agreement or evidence of any tenancy that allows
or provides for the vacation rental of property.
means the hours between 10:00 a.m. and 10:00 p.m.
mean the guests who may occupy a vacation rental during a
daytime occupancy.
means the city manager, the police chief, the fire marshal,
the building official, or one or more of their respective designees.
means a property for which a vacation rental registration
certificate has been issued, or for which a complete application has
been filed with the city, on or before October 17, 2022.
means a written agreement between an owner and an agent or
representative where the agent or representative has the sole and
exclusive right to rent or lease a vacation rental unit to any person
and the owner is prohibited from renting or leasing the vacation rental
unit except through the owner's agent or representative.
means a single family dwelling with five or more bedrooms.
for the purposes of denial, suspension, revocation, imposition
of conditions, renewal, and reinstatement of a vacation rental registration
certificate, means: (1) the applicant, owner, the owner's agent, or
the local contact person has failed to comply with any of the terms,
conditions, or provisions of this chapter or any relevant provision
of this code, state law, or any rule or regulation promulgated thereunder;
(2) the applicant, owner, owner's agent, or local contact person has
failed to comply with any special conditions that were placed upon
the vacation rental registration certificate by the enforcement official;
or (3) the vacation rental has been operated in a manner that adversely
affects the public health or welfare or the safety of the immediate
neighborhood in which the vacation rental is located.
means a document prepared by the enforcement official that
summarizes general rules of conduct, consideration, and respect, including
without limitation provisions of the Palm Springs Municipal Code applicable
to or expected of guests to the city.
means a portion of an owner's home that is subject to homesharing
as provided in this chapter.
means an activity whereby the owner hosts visitors in the
owner's home, for compensation, for periods of 28 consecutive days
or less, while the owner lives on site and in the home, throughout
the visitor's stay.
means the telephonic service operated by or for the city
for the purpose of receiving complaints regarding the operation of
any vacation rental and the forwarding of such complaints to the appropriate
city enforcement officials or, if applicable, the local contact person.
For the purposes of this chapter, the term "hotline" also includes
any contact in person or by telephone, email, and digital or electronic
communication, or correspondence of any kind to and/or from any enforcement
official.
means a vacation rental certificate authorizing fewer annual
contracts and for which a lower registration fee shall be charged.
means the owner, a local property manager, or agent of the
owner, who is available 24 hours per day, seven days per week for
the purpose of responding in-person within 30 minutes to complaints
regarding the condition, operation, or conduct of occupants of the
vacation rental, or any agent of the owner authorized by the owner
to take remedial action and who responds to any violation of this
code.
means a city-recognized neighborhood, as set forth in Palm Springs Municipal Code Chapter 2.55 (Office of Neighborhoods). For those areas within the city that are not located within a city-recognized neighborhood, the city council may, by ordinance or resolution, determine that, for purposes of this chapter only, such area is contained in a particular city-recognized neighborhood, or the city council may recognize, for purposes of this chapter only, a new neighborhood.
means a property for which a complete application for a vacation
rental registration certificate was filed with the city after October
17, 2022.
means the natural person or persons who is/are the owner of record of the property. The term "owner" also includes a personal or family trust consisting solely of natural persons and the trustees of such trust or the members of any partnership, limited liability partnership, or limited liability company consisting solely of natural persons, the number of whom does not exceed four, so long as the disclosure requirements pursuant to Section 5.25.085 are satisfied. The term "owner" does not include a business entity.
means a residential legal lot of record on which a vacation
rental is located.
means the period of time a responsible person rents or leases
a vacation rental.
means an occupant of a vacation rental who is at least 25
years of age and who shall be legally responsible for compliance of
all occupants of the unit and/or their guests with all provisions
of this chapter and/or this code.
means the entire months of July, August, and September in
one calendar year.
means a single-family dwelling, or any portion thereof, utilized
for occupancy for dwelling, lodging, or sleeping purposes without
the owner being present for a period of 28 consecutive days or less,
other than ongoing month-to-month tenancy granted to the same renter
for the same unit, occupancy of a time-share basis, or a condominium
hotel as defined in Section 91.00.10 of this code. The term "vacation
rental" is synonymous with "short term rental" and "transient use"
and does not include homesharing.
means the annual permit and/or a registration for a vacation
rental or a homeshare interest issued by the city pursuant to this
chapter.
means a percentage derived by dividing the total number of
residential dwelling units within a neighborhood that have been issued
a vacation rental registration certificate (not counting any junior
vacation rental registration certificates) by the total number of
residential dwelling units within that neighborhood, and multiplying
that quotient by 100.
means the maximum VR Neighborhood percentage allowed by the
city council in each neighborhood. The VR Neighborhood Percentage
Cap is set at 20%. This VR Neighborhood Percentage Cap may be adjusted
by the city council by ordinance or resolution.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1891 § 2, 2016; Ord. 1902 § 2, 2016; Ord.
1918 § 1, 2017; Ord. 1926 § 1, 2017; Ord. 2075 §
1, 2022)
(a)
The
operation of a vacation rental or a homeshare interest without a vacation
rental registration certificate is prohibited.
(b)
A
vacation rental registration certificate shall not be issued to any
business entity. A natural person, partnership, limited liability
partnership, or limited liability company that does not qualify as
a "business entity", or personal or family trust shall not maintain
any financial interest in more than one vacation rental. For this
purpose, financial interest includes both legal and beneficial ownership
as well as any arrangement that provides for receipt of any portion
of the revenues generated by the vacation rental. For purposes of
this section, a person shall be deemed to have a financial interest
in any vacation rental that is owned by his or her spouse or registered
domestic partner, regardless of the terms of any contractual arrangement,
such as any transmutation (i.e., pre or postnuptial) agreement. An
owner shall only be issued, and can only maintain, one vacation rental
registration certificate at any time.
(c)
The provisions of subsection (b) of this section shall not apply to or be enforced against any owner who operates a vacation rental pursuant to a valid vacation rental registration certificate issued prior to January 10, 2017 and shall only apply to each specific vacation rental owned by such owner as of January 10, 2017 and only so long as such owner for each vacation rental complies with the provisions of this code. The purpose of this exception is to afford current owners of vacation rental property a reasonable opportunity to recoup costs reasonably invested for vacation rental use and which may not have been recouped during the period of vacation rental use and which cannot be recouped once the vacation rental use is terminated.
(d)
Each
owner of a vacation rental who rents, exchanges, trades, gifts, or
grants such vacation rental for a period of 28 consecutive days or
less shall fully comply with all provisions of this chapter related
to the use and occupancy of a vacation rental, and the operational
requirements, provided in this chapter. Each rental, exchange, trade,
gift, and grant of a stay of less than 28 days shall count as one
contract.
(e)
No
owner of residential property in the city shall rent any homeshare
interest for a period of 28 consecutive days or less without a valid
rental registration certificate for homesharing pursuant to this chapter
for such homesharing interest.
(f)
A
copy of the current registration certificate as issued by the city
and the maximum number of guests allowed on the premises shall be
displayed in a clear and legible manner in a conspicuous and easily
accessible location in the unit and on all advertising related to
each vacation rental or homesharing interest, including without limitation,
web based advertising, hosting platform, print media, and television.
(g)
The
issuance and or renewal of a registration certificate shall be deemed
evidence that the holder of such registration certificate has registered
a vacation rental property with the city and that the holder acknowledges
the holder's obligation to comply with all provisions of this chapter
and the code. The issuance of a registration certificate shall not
be construed as bestowing or granting any vested right or entitlement.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
The city shall not issue any new vacation rental registration
certificate, other than junior vacation rental registration certificates,
in any neighborhood in which the VR Neighborhood Percentage Cap has
been exceeded or would, with the issuance of any such certificate,
be exceeded. In the event the VR Neighborhood Percentage Cap has been
exceeded for a particular neighborhood, and additional complete applications
are on file with the city for vacation rental registration certificates
within that neighborhood, if and when the VR Neighborhood Percentage
falls below the applicable VR Neighborhood Percentage Cap for that
neighborhood, any additional certificates for that neighborhood shall
be issued in order of the date on which complete applications were
filed with the city (i.e., on a "first in time, first in right" basis).
(Ord. 2075 § 1, 2022)
(a)
An owner may retain an agent with an exclusive listing arrangement or a representative to assist in the compliance with the requirements of this chapter, including, without limitation, the filing of a complete vacation rental registration the management of the vacation rental unit or units, and compliance with the requirements of this chapter including the collection and payment to the city of all transient occupancy taxes due and payable on the vacation rental unit. The owner and any such agent or representative of owner must have the authority to evict any tenant, resident, or guest permitted to reside at the vacation rental for violation of any provision of this chapter or regulation thereof. Except as provided in subsection (b) of this section and notwithstanding any agency relationships between an owner and an agent or representative, the owner of the vacation rental unit or units shall execute all applications and documentary requirements as provided in this chapter and shall remain responsible for compliance with the provisions of this chapter. The failure of an agent to comply with this chapter shall not relieve the owner of the owner's obligations under the provisions of this chapter.
(b)
In
the event an owner enters into an exclusive listing arrangement, the
vacation rental registration certificate may be secured, and the transient
occupancy registration certificate requirements provided in this chapter
may be performed, by the agent or representative and not by the owner;
however, the agent or representative shall separately account all
revenues and costs on a per property basis, including without limitation
transient occupancy taxes and the gross rent amounts used to calculate
such taxes.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
(a)
Prior
to use of a property as a vacation rental, and annually thereafter,
the applicant shall register the property as a vacation rental with
the city on a registration form furnished by or acceptable to the
enforcement official and signed by the applicant under penalty of
perjury. Each application shall contain the following information:
(1)
The name, address, and telephone number of the owner of the unit
for which the vacation rental registration certificate is to be issued.
The name, address and telephone numbers of any other natural persons,
limited liability companies or personal or family trusts that hold
any financial interests in the vacation rental as well as copies of
legal documents creating such financial interests.
(2)
The name, address, and telephone number of the exclusive listing
agent, if any, of the owner of the unit.
(3)
The name, address, and 24-hour telephone number of the local contact
person and verification that the local contact person can respond
in-person to the site of the vacation rental within 30 minutes. The
local contact person may only use the address of the vacation rental
if the local contact person will be present at the unit for the duration
of each contract.
(4)
The address of the residential property proposed to be used as a
vacation rental.
(5)
The number of bedrooms and the applicable overnight and daytime occupancy limit of the unit consistent with the provisions of Section 5.25.070(c).
(6)
Evidence of a valid transient occupancy registration certificate
issued by the city for the vacation rental unit.
(7)
Acknowledgement of receipt and inspection of a copy of all regulations
pertaining to the operation of a vacation rental.
(8)
Executed indemnification and hold harmless agreement in a form approved
by the city attorney, agreeing to indemnify, save, protect, hold harmless,
and defend the city of Palm Springs, the city council of the city
of Palm Springs, individually and collectively, and the city of Palm
Springs representatives, officers, officials, employees, agents, and
volunteers from any and all claims, demands, damages, fines, obligations,
suits, judgments, penalties, causes of action, losses, liabilities,
or costs at any time received, incurred, or accrued as a result of,
or arising out of owner's actions or inaction in the operation, occupancy,
use, and/or maintenance of the property.
(9)
Evidence of insurance coverage as required under Section 5.25.070(v) of this chapter.
(10)
Completion of building, fire, and safety inspection and completion
of any corrections identified by an enforcement official. Such inspections
shall include a review of the premises for compliance with the operational
requirements of this chapter, including without limitation determining
the total number of qualified bedrooms.
(11)
Written acknowledgement in a form approved by the enforcement official
that there are no covenants or other deed restrictions on the property
that prohibit or limit the use of the property as a vacation rental.
The enforcement official may accept a written consent from the governing
board of a homeowners' association with jurisdiction over the property
in satisfaction of this requirement.
(12)
Such other information as the enforcement official deems reasonably
necessary to administer this chapter.
(b)
The
registration of a vacation rental shall be accompanied by a fee established
by resolution of the city council; provided, however, the fee shall
be no greater than necessary to defer the cost incurred by the city
in administering the provisions of this chapter.
(c)
A vacation rental registration certificate shall be denied if a registration certificate for the same unit and issued to the same owner has previously been revoked pursuant to Section 5.25.090. The denial of a registration certificate for any reason may be appealed in accordance with the provisions of Chapter 2.50 of the Municipal Code.
(d)
Upon change of property ownership, the registration certificate shall expire and the property shall not be used as a vacation rental until the new or successor owner is issued a vacation registration certificate for the property. The provisions of Section 5.25.040(b) shall be applicable to any such new or successor owner. In the event of a change in agent or the occurrence of any other material fact set forth in the annual registration, a new registration for a vacation rental shall be required to continue operation of the vacation rental and within seven days of said change the owner or his or her exclusive listing agent shall submit the required registration and fee.
(e)
The
owner or his or her exclusive listing agent shall cancel the vacation
rental registration certificate within seven days of the date the
vacation rental is sold or otherwise disposed of or after an event
that results in the unit no longer in use as a vacation rental.
(f)
Each
applicant for a registration certificate, including, without limitation,
the owner and the owner's agent and/or representative, shall annually
attend and/or participate in an educational program devised and administered
by the city manager for the purpose of training applicants for vacation
rental registration certificates, or renewals thereof, on their respective
roles and responsibilities in the successful administration and compliance
with the city's vacation rental program. Each applicant shall annually
take a test prepared and administered by the city manager regarding
each applicant's role and responsibilities in the vacation rental
program and registration certificates will not be issued or renewed
until the applicant has successfully passed such test.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
(a)
The
owner shall use reasonably prudent property ownership/management practices
to ensure that the vacation rental unit complies with all applicable
codes regarding fire, building and safety, health and safety, and
all other relevant laws.
(b)
For
new permittees, on and after the effective date of this ordinance,
no more than 26 contracts for vacation rental use of a property shall
be allowed or provided in any calendar year. For existing permittees,
no more than 32 contracts for vacation rental use of a property shall
be allowed or provided in any calendar year; however, up to four additional
contracts shall be allowed or provided for the third quarter of a
calendar year so long as the entire term of each such contract occurs
during such third quarter, subject to reduction in such numbers on
and after January 1, 2026. A contract includes any occupancy of a
property subject to a vacation rental registration certificate by
persons other than the owner when the owner is not present during
such occupancy, regardless of whether compensation is paid for such
occupancy or whether occupancy is evidenced in an agreement or document.
For any property for which a Junior vacation rental registration certificat
has been issued, no more than six contracts for vacation rental use
of that property shall be allowed or provided in any calendar year.
(1)
[Intentionally left blank].
(2)
[Intentionally left blank].
(3)
For Existing Permittees, the 32 + four contract limitation above
shall be reduced to 26, on January 1, 2026. For new permittees, on
and after the effective date of this ordinance, no more than 26 contracts
for vacation rental use of a property shall be allowed or provided
in any calendar year.
(4)
Notwithstanding the restrictions imposed by this subparagraph, the owner at the time an application or renewal is submitted can designate and file with the enforcement official the names of up to five persons who may occupy the vacation rental unit at no cost and without requiring the presence of the owner on the premises of the vacation rental. Each such occupancy shall fully comply with all other provisions of this chapter, including, without limitation, the requirement to submit a contract summary prior to each applicable occupancy, as set forth in Section 5.25.070(h).
(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 automobile per bedroom shall be allowed for each vacation rental.
Advertising and/or renting one or more vacation rentals as part of
a cluster or compound is prohibited.
(d)
The owner of an estate home shall be exempt from the limitations of subsection (c) of this section for up to two additional bedrooms for housing to accommodate no more than two persons for each additional bedroom approved pursuant to the exemption up to a maximum of 12 guests and up to two minors age 12 and under.
(e)
During
the rental term each vacation rental unit is rented, the owner, 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 from or through the hotline;
and (2) responding in-person within 30 minutes to any additional or
successive complaints regarding the condition, operation, or conduct
of occupants of the vacation rental.
(f)
The
owner shall use reasonably prudent property ownership/management practices
to ensure that the occupants and/or guests of the vacation rental
unit do not create unreasonable noise disturbances, engage in disorderly
conduct, or violate provisions of the municipal code or any state
law.
(g)
Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within a fully enclosed vacation rental unit and shall not be audible at the property line of the vacation rental.
(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; (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.
(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.
(j)
Failure
of the owner or his or her agent to respond to calls or complaints
regarding the condition, operation, or conduct of occupants of the
vacation rental in a timely and appropriate manner shall be grounds
for imposition of penalties as set forth in this chapter. It is not
intended that an owner, agent, or local contact person act as a peace
officer or place himself or herself in an at-risk situation.
(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.
(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.
(m)
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.
(n)
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 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.
(o)
The
owner shall provide each occupant of a vacation rental with the following
information prior to occupancy of the unit and/or post such information
in a conspicuous place within the unit:
(1)
The name of the managing agency, agent, rental manager, local contact
person, or owner of the unit, and a telephone number at which that
party may be reached on a twenty-four-hour basis;
(2)
The maximum number of occupants permitted to stay in the unit;
(3)
The trash pick-up day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property;
(4)
Notification that any radio receiver, musical instrument, phonograph,
loudspeaker, sound amplifier, or any machine or device for the producing
or reproducing of any sound shall only be operated within a fully
enclosed vacation rental unit and shall not be audible at the property
line of the vacation rental;
(5)
Notification that the occupant may be cited or fined by the city
and/or immediately evicted by the owner pursuant to state law, in
addition to any other remedies available at law, for creating a disturbance
or for violating any provision of this chapter;
(6)
Notification that failure to conform to the occupancy requirements
of the vacation rental unit is a violation of this chapter;
(7)
A copy of this chapter of the Palm Springs Municipal Code, as may
be amended from time to time.
(p)
The
use of a vacation rental unit shall not violate any applicable conditions,
covenants, or other restrictions on real property.
(q)
The owner shall comply with all provisions of Chapter 3.24 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a monthly return for each vacation rental in accordance with Section 3.24.080. The monthly return shall be filed each month regardless of whether the vacation rental unit was rented or not during each such month.
(r)
The
city manager shall have the authority to impose additional standard
conditions, applicable to all vacation rental units or identifiable
classes of vacation rentals, as necessary, to achieve the objectives
of this chapter. A list of all such additional standard conditions
shall be maintained and on file in the office of the city clerk and
such offices as the city manager designates.
(s)
Notwithstanding the provisions of subsection (p) above, upon a determination of good cause, the city manager may impose additional or special standards or requirements for placement or imposition of special conditions or performance standards for owners, owner's agents, local contact persons, and their affected vacation rentals. The standard conditions may be modified by the enforcement official upon request of the owner or his or her agent based on site-specific circumstances for the purpose of allowing reasonable accommodation of a vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of to the standard conditions shall not further exacerbate an already existing problem.
(t)
The
city manager shall have the authority to establish administrative
rules and regulations, which may include, but are not limited to,
registration conditions, reporting requirements, inspection frequencies,
enforcement procedures, advertising restrictions, disclosure requirements,
or insurance requirements, consistent with the provisions of this
chapter, for the purpose of implementing, interpreting, clarifying,
carrying out, furthering, and enforcing the requirements and the provisions
of this chapter. No person shall fail to comply with any such regulation.
A copy of such administrative rules and regulations shall be on file
in the office of the city clerk.
(u)
Owner
shall procure, maintain, and pay premiums for commercial insurance
policies that cover short term rental of property for each vacation
rental with minimum limits as may be established by the city manager
from time to time.
(v)
Owner
shall annually secure a building and fire and safety inspection prior
to renewal of the vacation registration certificate.
(w)
For any vacation rental, including any junior vacation rental, that is also used as an event house, as that term is used in Palm Springs Municipal Code Chapter 5.75, each event shall be counted as a Contract, for purposes of Section 5.25.070's annual caps on the number of contracts, for such property.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
(a)
No
person or entity shall offer or provide an apartment, or any portion
thereof, for rent for 28 consecutive days or less to any person.
(b)
No
person or entity shall maintain any advertisement of a vacation rental
that is in violation of any provision of this chapter.
(c)
No
person, including, without limitation, an apartment owner, an apartment
manager, or a representative of the apartment owner or manager, shall
evict any tenant or otherwise terminate a lease for the purpose of
converting an apartment to a vacation rental or in anticipation of
converting an apartment to a vacation rental. In addition to any other
remedy provided under the Palm Springs Municipal Code, failure to
comply with this provision may be asserted as an affirmative defense
in an action brought by or on behalf of the apartment owner, apartment
manager, or representative to recover possession of the unit. Any
attempt to recover possession of a unit in violation of this chapter
shall render the apartment owner, apartment manager, or representative
liable to the tenant for actual or punitive damages, including damages
for emotional distress, in a civil action for wrongful eviction. The
tenant may seek injunctive relief and money damages for wrongful eviction
and the prevailing party in an action for wrongful eviction shall
recover costs and reasonable attorneys' fees.
(d)
The provisions of subsection (a) of this section shall not apply to or be enforced against any person or entity who rents an apartment or portion thereof pursuant to a valid vacation registration certificate issued prior to April 15, 2016 for the period of time between April 15, 2016 through January 1, 2019. The purpose of this deferral of the enforcement of the provisions of this section is for persons or entities issued valid vacation registration certificates prior to April 15, 2016 to be afforded a reasonable opportunity to recoup costs reasonably invested for vacation rental use of apartments and which may not have been recouped during the period of vacation rental use of the apartment and which cannot be recouped once the vacation rental use is terminated.
(e)
The provisions of subsection (a) of this section, subsection 5.25.040(b) [limits on number of units], and subsection 5.25.070(b) [limits on number of contracts] shall also not apply to any building in which an apartment is located that meets all requirements of an R-1 occupancy under the city's building and fire code and for which such apartment has a valid vacation rental registration certificat issued prior to April 15, 2016.
(Ord. 1891 § 3, 2016; Ord. 1902 § 3, 2016; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
(a)
Notwithstanding
any provision of this chapter to the contrary, homesharing shall be
authorized in the city, provided that the owner complies with each
of the following requirements:
(1)
Obtains and maintains at all times a vacation rental registration
certificate for homesharing;
(2)
Operates the homesharing interest in compliance with all vacation
registration certificate for homesharing conditions, which may be
imposed by the Enforcement Official to effectuate the purpose of this
chapter;
(3)
Collects and remits transient occupancy tax to the city and complies
with all city transient occupancy tax requirements as set forth in
this code;
(4)
Takes responsibility for and actively prevents any nuisance activities
that may take place as a result of homesharing activities;
(5)
Complies with all applicable laws, including all health, safety,
building, and fire protections laws;
(6)
Complies with the regulations promulgated pursuant to this chapter.
(b)
In
the event the owner of a homeshare interest does not live on-site,
in the home, and is not able to respond within 30 minutes to complaints
regarding the condition, operation, or conduct of occupants of the
homesharing interest, the property shall be deemed a vacation rental
and owner shall be required to fully comply with the provisions of
this chapter relating to vacation rentals, including without limitation,
securing a vacation rental registration certificat.
(Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
Each owner and agent or representative of any owner shall provide
the enforcement official with access to each vacation rental and the
books, records, documents, papers, tax returns, and bank accounts
at any time during normal business hours as the enforcement official
may determine are necessary or convenient for the purpose of inspection
or audit to determine that the objectives and conditions of this chapter
are being fulfilled.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
On or before June 1, 2017, all business entities, limited liability
companies, and personal or family trusts owning one or more vacation
rentals shall disclose to the enforcement official the names, relevant
contact information, and any such other information as may be requested
by the enforcement official of each natural person holding the legal,
equitable, and/or beneficial interest of each such business entity,
limited liability company, or personal or family trust and the address
of each vacation rental owned by each such business entity, limited
liability company, or personal or family trust. Each business entity
that complies with the provisions of this section prior to June 1,
2017, shall, prior to June 1, 2018 transfer each vacation rental to
a natural person who can otherwise comply with the provisions of this
chapter or cease operating any vacation rental properties owned by
the business entity as vacation rentals. Any business entity that
fails to comply with the disclosure requirements provided in this
subsection, shall cease operating all vacation rental properties owned
by the business entity as vacation rentals no later than June 1, 2017.
(Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
(a)
Any person who violates a provision of this chapter is subject to criminal sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this code and the specific penalties as provided in this chapter. Any person who uses, or allows the use of, residential property in violation of the provisions in this chapter is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this chapter. An administrative citation issued pursuant to Chapter 1.06 for a first violation shall be $500.00 and each subsequent violation shall be $1,000.00. Each administrative citation for a violation of any provision of this chapter shall be levied or assessed against the owner.
(b)
Upon the third violation in any twelve month period, the city manager shall suspend the vacation registration certificate for two years. Notwithstanding the preceding sentence, failure by any person who is responsible to remit to the city the city's transient occupancy tax pursuant to Chapter 3.24 following written notice to do so, shall result in a suspension for 12 months of that person's vacation registration certificate for the applicable property.
(c)
Any person who operates a vacation rental without a vacation registration certificate, shall be liable to the city for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including, without limitation, penalties and interest, payment of an administrative fine in the amount of $5,000.00, and permanent ineligibility to operate a vacation rental in the city. In the event the person continues to operate a vacation rental without a vacation registration certificate, the person shall be liable for an administrative fine in the amount of $10,000.00 and any successive violations shall be subject to fines provided in an escalation formula established by the city council by resolution.
(d)
Any person who advertises a vacation rental without including the vacation registration certificate in any advertising for such vacation rental, or operates a vacation rental without a contract, or without providing the city with a summary or abstract of such contract prior to each applicable occupancy, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of $2,500.00 and the owner's vacation registration certificate shall be suspended for six months for a first offense and shall pay a fine in the amount of $5,000.00 and the owner's vacation registration certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of subsection (c) of this section.
(e)
The
failure of an owner or the owner's agent or representative to comply
with an order of any police officer shall result in the revocation
of the vacation registration certificate.
(f)
The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a registration certificate.
(g)
Any
person who fails to pay any fee or charge provided in this chapter
within the time required, shall pay a penalty in the amounts established
by the city council by resolution. Such penalty may also include interest
from the date on which the fee or charge became due and payable to
the city until the date of payment.
(h)
The filing of knowingly false claims against a vacation rental or the guests staying in a vacation rental is prohibited and shall be punishable by administrative fines as provided in Chapter 1.06 of this code.
(i)
In
addition to, and not in lieu of, any other remedy allowed by law,
all remedies prescribed under this chapter are cumulative and the
election of one or more remedies does not bar the city from the pursuit
of any other remedy, criminal, civil, or administrative which may
be pursued by the city to enforce this chapter and/or address any
violation of this code or to remedy any other public nuisance.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
The requirements of this chapter shall be in addition to any
license, permit, or fee required under any other provision of this
code. The issuance of any permit pursuant to this chapter shall not
relieve any person of the obligation to comply with all other provisions
of this code pertaining to the use and occupancy of vacation rental
or the property on which it is located.
(Ord. 1748 § 1, 2008; Ord. 1848 § 2, 2014; Ord. 1918 § 1, 2017; Ord. 2075 § 1, 2022)
