City Council

City of Desert Hot Springs AGENDA REGULAR MEETING OF THE CITY COUNCIL and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board Tuesday, August 2, 2022 5:00 PM - Closed Session Watch the 5:30 PM - Presentations Meeting Live: 6:00 PM - Regular Session • YouTube Council Chambers/City Hall • City Website 11-999 Palm Drive Desert Hot Springs, California, 92240 Page CLOSED SESSION - 5:00 P.M. CALL TO ORDER ROLL CALL PUBLIC COMMENTS At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et seq; Superior Court- Riverside; Case No. CVPS2104940 RECESS PRESENTATIONS - 5:30 P.M. Desert Hot Springs Little League Tournament Awards REGULAR SESSION - 6:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE CITY ATTORNEY REPORT ON CLOSED SESSION Page 1 of 31 APPROVAL OF AGENDA At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items. Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted. PUBLIC COMMENTS At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda. Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments. Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. CONSENT CALENDAR: Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption. 2. Second Reading and Adoption of An Ordinance Amending Chapter 5 - 31 5.44 of the Desert Hot Springs Municipal Code Regarding Short Term Vacation Rentals Jerryl Soriano, City Clerk Recommendation: Approve Second Reading, read by title only and adopt: “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals." Staff Report - SR-22-193 - Pdf ADJOURN Page 2 of 31  UPCOMING MEETING DATES *Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information. August 9 Planning Commission 6:00 p.m. August 11 Public Safety Commission DARK/CANCELED August 16 City Council Regular Meeting DARK/CANCELED September 6 City Council Regular Meeting 6:00 p.m. ________________________________________________________________________________________ NOTICES In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240. Americans with Disabilities Act In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements. Page 3 of 31 Page 4 of 31  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: August 2, 2022 Department: City Clerk Prepared by: Jerryl Soriano, City Clerk Subject: Second Reading and Adoption of An Ordinance Amending Chapter 5.44 of the Desert Hot Springs Municipal Code Regarding Short Term Vacation Rentals RECOMMENDATION: Approve Second Reading, read by title only and adopt: “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals." BACKGROUND: The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on July 5, 2022. The ordinance shall take effect thirty (30) days after its second reading. FISCAL IMPACT: None. ATTACHMENTS: Exhibit 1 - Staff Report from July 5, 2022 Exhibit 2 - Ordinance Amending Short Term Vacation Rentals SR-22-193 Item Number: 2. Page 5 of 31  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: June 30, 2022 Department: City Manager Prepared by: Doria Wilms, Deputy City Manager Subject: An Ordinance Amending Chapter 5.44 of the Desert Hot Springs Municipal Code Regarding Short Term Vacation Rentals RECOMMENDATION: 1) Introduce and read by title only “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals; 2) Authorize the City Manager to negotiate and execute an Agreement with ISECURUM INC. for a period of (2) years with an option to extend for an additional (2) year term for afterhours enforcement from 7:00 PM – 4:00 AM on Thursday, Friday, Saturday and Sunday of each week in an amount not to exceed $118,456.00 annually; and 3) Provide Staff direction on whether to bring back options for limiting STVR’s in the City of Desert Hot Springs. BACKGROUND: Earlier this year, Councilmembers Gary Gardner and Russell Betts proposed a future agenda item to discuss details on the management and enforcement of short-term vacation rentals (STVR’s). Councilmembers Gardner and Betts met with Staff and reviewed current STVR procedures, considered major areas of concern, researched solutions and formed recommendations, which were brought forward to the City Council on May 17, 2022. During this meeting the City Council discussed the details on management and enforcement of Short- Term Vacation Rentals, focusing in on (4) major areas of concern. (1) STVR Owner Compliance, (2) Noise Issues, (3) STVR Management and (4) City and Resident Impacts. Following the review of current Short Term Vacation Rental (STVR) procedures and considering major areas of concern the City Council directed staff to amend the existing STVR Ordinance to mitigate negative impacts on surrounding neighborhoods and to ensure the City accounts for STVRs and their applicable transient occupancy tax. Additionally, staff was requested to provide additional data to the City Council so they could determine whether they should consider placing limits on the number of STVR’s in the City of Desert Hot Springs. DISCUSSION: SR-22-185 Item Number: 2. Page 6 of 31 Currently, there are 242 identified STVR’s operating in the City of Desert Hot Springs. This figure has been confirmed via (2) separate STVR compliance software firms. Of these 242 properties, 118 are identified as being licensed to operate a Short-Term Vacation Rental in the city. For comparison, the City of La Quinta has 1163 STVR’s, the City of Palm Springs has 1821 STVR’s, and the City of Indio has 1500 STVR’s. Currently, the City of Desert Hot Springs’ license fee for STVR’s is $225.00, which is significantly lower than the cost of facilitating a comprehensive vacation rental program. Below is a calculation of a proposed short-term vacation rental license fee of $1,241.81, which is based off of a proposed 275 active STVR’s in the City and contemplates the fully burdened costs from the City’s cost allocation plan completed in 2020, estimated hours provided by staff for the facilitation of regulating STVR’s in the City, SR-22-185 Item Number: 2. Page 7 of 31  the cost of utilizing Deckard Technologies RentalScape software to assist staff with managing compliance and the cost of the security firm, ISECURUM, which would provide afterhours enforcement of 2 Officers from 7:00 PM – 4:00 AM on Thursday, Friday, Saturday and Sunday of each week. This amount would provide nearly 100% cost recovery of operating a vacation rental program in our City. Based on the direction from the City Council during the May 17, 2022, City Council meeting, staff is proposing the following amendments to Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals as follows to address the major areas of concern that were discussed: 5.44.040 Agency • An owner shall retain an agent or representative to comply with the requirements of this chapter if the owner resides or has their principal place of business thirty-five driving miles or more from the subject property. • The owner’s agent or representative must have a separate business license. • The previous “Registration certificate” requirement has been changed to a City Permit. • The vacation rental permit shall be non-transferable. 5.44.060 Denial of a Vacation Rental Permit · An owner or agent shall be denied a Vacation Rental Permit if a property owner for a single property has been found in violation of: • Two (2) noise complaints resulting in an administrative citation for the same property. • Two (2) violations of occupancy limits resulting in an administrative citation for the same property; or SR-22-185 Item Number: 2. Page 8 of 31  • Three (3) complaints, including but not limited to noise complaints, occupancy complaints, trash complaints, parking complaints, etc. resulting in an administrative citation for the same property. • The owner has failed to pay the appropriate amount of the Transient Occupancy Tax for any property at any time during its ownership. • The owner has an active code compliance matter. • An applicant has had a prior Vacation Rental Permit for the same or any other unit revoked within the previous 12 calendar months. 5.44.080 Operational requirements and standard conditions • Prior to the issuance of a vacation rental permit the City will conduct a pre-inspection of the property to ensure compliance with requirements and conditions. • Prior to the renewal of a vacation rental permit the City will conduct a pre-inspection of the property to ensure compliance with requirements and conditions. • No outdoor music, radios, musical instruments, or other devices that produce or reproduce sound are allowed to be used outdoor at any time. • No use of outdoor amenities and/or outdoor games or any outdoor activities that create noise between the hours of 10 p.m. and 8 a.m. • The owner or agent shall install trash bins for the proper removal of trash. Such bins shall be set out no earlier than 7:00pm on the day prior to trash collection day and shall be retrieved and hidden from public view no later than 7:00pm of trash collection day. The owner or agent must be available to take out the trash. • Noise monitoring systems must be installed and shall alert the owner/agent of any loud noises which are more than 70 decibels. In addition, the owner or agent shall contact the responsible person immediately and provide a warning or take action to terminate the occupancy. • In the event the City receives a complaint related to noise, trash, or other violation of this chapter, owner or agent shall contact the responsible person immediately and provide the individual with a warning or take action to terminate the occupancy. In addition, the Owner or agents must respond physically to the property within thirty (30) minutes of notice of the complaint. • The owner or agent shall comply with all of the following in any and all advertising media of the vacation rental unit: o Maximum occupancy. o Requirements for compliance with the City’s noise and outdoor activity standards and regulations. o Maximum number of cars allowed. o A statement that the short-term vacation rental occupants shall respect the neighbor’s privacy and peaceful enjoyment of their land. o The applicable rate of the City’s transient occupancy tax. o A photo of the front of the short-term vacation rental. o The Business License number must be clearly and prominently displayed in the first line of the property description and in the following format “City of Desert Hot Springs Vacation Rental Permit Number.” o The owner must include in the rental or use agreement that two (2) noise complaints shall result in an immediate eviction of the occupants. SR-22-185 Item Number: 2. Page 9 of 31 5.44.081 Occupancy limits Table 5.44.081 Number of Total of Overnight Additional Daytime Total Daytime Bedrooms Occupants Occupants Occupants 0-Studio 2 2 4 1 4 2 6 2 64 34 98 3 86 4 1210 4 108 54 1512 5 or more 1210 64 1814 * Overnight (10:01 p.m. – 6:59 a.m.) **Daytime (7:00 a.m. – 10:00 p.m.) 5.44.110 Violations and penalties • General violations (Occupancy/Noise/Parking). • First violation: one thousand dollars ($1,000.00). • Second violation: two thousand dollars ($2,000.00). • Third violation: three thousand dollars ($3,000.00). • Operating a STVR Without a Valid Short-Term Vacation Rental Permit. • Five thousand dollars ($5,000.00). • In addition to the fine set forth above, the first violation of operating a STVR without a valid short-term vacation rental permit shall be cause for an owner to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license for use of a property as a short-term vacation rental unit. • Immediate Summary Suspension of Vacation Rental Permit. • Two (2) noise complaints resulting in an administrative citation for the same property shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. • Two (2) violations of occupancy limits resulting in an administrative citation for the same property shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. • Three (3) complaints, including but not limited to noise complaints, occupancy complaints, trash complaints, etc. resulting in an administrative citation for the same shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. • For summary suspension of Vacation Rental Permit, the City shall prepare and serve the Notice of Suspension. • Notice to Request a Hearing. Within 10 days of the date of issuance of the summary suspension, the Owner or Agent may request a hearing before the City Manager or his/her designee as Hearing Officer. • If the Owner or Agent does not request a hearing on the summary suspension, the suspension shall be for a period of six (6) months, and the owner or agent shall be deemed to have waived his/her rights to a hearing. SR-22-185 Item Number: 2. Page 10 of 31  • If the Owner or Agent does request a hearing, the procedural requirements, as well as the substantive requirements in Subsection D (Revocation of Vacation Rental Permits) below shall be followed and/or applied. 5.44.110.D Revocation of Vacation Rental Permit • Duty to prepare and serve notice of action recommendation. • Contents of notice of action recommendation. • Service of notice of action recommendation. • City Manager, or his/her designee, as Administrative Hearing Officer. • Duties of the City Manager, or his/her designee, as Hearing Officer. • Limitations on authority of City Manager, or his/her designee, as Hearing Officer. • Scheduling of administrative hearing—Notice of administrative hearing. • Service of hearing notice. • Admissibility of evidence at hearing. • Rights of parties at hearing. • Duty to prepare and serve notice of decision—Final decision. Enforcement To ensure that the proposed regulations are enforced appropriately, Staff recommends the following procedural changes concerning enforcement, staffing and measures. If the proposed amendments are approved the City of Desert Hot Springs will immediately retain contract services for overnight and weekend enforcement of Short-Term Vacation Rentals. This contractor will work in tandem with the Police Department and Code Compliance Division to strengthen compliance of STVRs. Staff is proposing that the City Council authorize the City Manager to execute an agreement with ISECURUM INC. for a period of (2) years with an option to extend for an additional (2) year term for afterhours enforcement from 7:00 PM – 4:00 AM on Thursday, Friday, Saturday, and Sunday of each week in an amount not to exceed $118,456.00 annually. The Code Compliance Division will respond to Hotline Complaints Monday- Sunday from 7:00 am to 6:00 pm. Moreover, the Code Compliance Division will have dedicated staff to oversee the following: • Conduct pre-inspections for new STVRs and renewal applications • Open code compliance cases and issue notices of violations and citations as necessary. • Initiate enforcement actions against non-compliant STVRs. • Prepare notices of action recommendation, suspension notices, administrative hearing briefs, and prepare mailings. • Attend suspension and revocation hearings. Our afterhours contract services staff will respond to Hotline Complaints Thursday, Friday, Saturday and Sunday from 7:00 pm – 4:00 am. Moreover, they will have dedicated staff to oversee the following: • Respond to hotline complaints. • Issue administrative citations as necessary. • Provide a report to Code Compliance Manager after each shift. • Testify at hearings as necessary. Increased Staffing SR-22-185 Item Number: 2. Page 11 of 31 Implementation of pre-inspections and annual inspections for all STVRs and the enforcement of more robust regulations will require an increase in Code Compliance staff in addition to a contractor for after hour and weekend enforcement. To provide the appropriate City enforcement response and to ensure that violations are reported and addressed, Staff recommends the following staff increases, which were contemplated in the proposed fees for STVR Licensing increases: Code Compliance Division Requires two new positions o One Code Compliance Officer dedicated to STVR inspections and enforcement actions. o One Code Compliance Technician dedicated to STVR enforcement. Short Term Vacation Rental Limits During the May 17, 2022 City Council Meeting the City Council requested data on STVRs in the City to determine whether they should consider placing limits on the number of STVRs. Staff is requesting the City Council provide direction on whether or not they would like Staff to bring back options for limiting the number of STVR’s in the City. Examples of options may include placing a cap on the number of STVR's citywide, adding distance requirements between STVRs or defining neighborhoods and placing a density requirement. FISCAL IMPACT: There will be an increase in costs in the amount of $118,456 annually for the ISecurum INC. contract, which would be covered by the proposed increase in the Short Term Vacation Rental License Fee. Enforcement of the new ordinance will require increased staffing of a new Code Enforcement Officer position and Code Enforcement Technician position with an estimated annual cost of both positions of $209,244. 92% of these costs would be covered by the increase in the Short Term Vacation Rental License fee. The additional staffing and contract service costs will be included in the FY22-23 Budget Adjustments. These additional costs will be offset by the proposed increase in the Short Term Vacation Rental License fee and any potential increases in Transient Occupancy Tax revenue. ATTACHMENTS: Exhibit 1 - Ordinance Amending Short Term Rentals Exhibit 2 - ISECURUM INC Proposal Exhibit 3 - STVR Maps SR-22-185 Item Number: 2. Page 12 of 31  ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING CHAPTER 5.44 OF THE DESERT HOT SPRINGS MUNICIPAL CODE REGARDING SHORT TERM VACATION RENTALS. WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, the City currently regulations Short Term Vacation Rentals in Chapter 5.44 of the City’s Municipal Code; and WHEREAS, the City deems it necessary to both clarify and add regulations to same to mitigate any negative secondary effects of Short Term Vacation Rentals; and WHEREAS, this proposed Ordinance is best for the public health, safety and welfare to ensure compliance with the General Plan Amendment. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows: Section 1. RECITALS That the foregoing recitals are true and correct and are herein adopted by this reference. Section 2. 5.44.010 Purpose. The City Council of the City of Desert Hot Springs finds and declares as follows: A. The use of privately owned residential dwelling units for the purpose of vacation rentals provides a community benefit by expanding the number and type of lodging facilities available in the City, and assists owners of dwelling units used as vacation rentals by providing revenue, which may be used for maintenance upgrades and deferred costs. B. The purpose of this chapter is to establish regulations for the use of residential property as vacation rentals thereby enabling the City to preserve and protect the public health, safety, and welfare, by minimizing complaints involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic, congestion, illegal vehicle parking and accumulation of refuse. C. The transitory nature of occupants of vacation rental units makes continued enforcement against the occupants difficult. The provisions of this chapter are therefore Item Number: 2. Page 13 of 31 necessary to prevent the continued burden on city services and impacts on residential neighborhoods posed by vacation home rentals. D. The establishment of a regulatory program for vacation rentals will 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. 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 rehabilitative homes. 5.44.020 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section, unless the context clearly indicates or requires a different meaning: “Applicant” means the owner of the vacation rental unit, or the agent of the owner. “City Manager” means the City Manager of the City of Desert Hot Springs or designee. “Emergency contact person” means the person designated by the owner or agent or representative of the owner, who is available 24 hours per day, seven days per week for the purpose of responding to complaints regarding the condition, repair, operation or conduct of occupants of the vacation rental unit, and who has access and authority to assume management of the unit and take remedial measures. “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 Desert Hot Springs Municipal Code and other applicable laws, rules or regulations pertaining to the use and occupancy of vacation rental units. “Owner” means the owner of record as shown on the last equalized assessment roll of the County of Riverside or as otherwise may be known to the City. If there is more than one owner, the term includes all of the owners. For purposes of providing notice to an owner as required under this chapter, “owner” includes the actual owner of record, or such owner’s agent, employee or other legal representative if such agent, employee or representative is authorized by the owner to receive such notice. “Property” means a parcel on which a vacation rental unit is located. “Responsible person” means an occupant of a vacation rental unit who is at least 18 years of age and who shall be legally responsible for the compliance by all occupants of the unit and their guests with all provisions of this chapter and this code. The Item Number: 2. Page 14 of 31 responsible person shall be the transient, for purposes of imposing and enforcing the provisions of the City’s transient occupancy tax under Chapter 3.20 of this code. “Transient” shall have the same meaning as set forth in Chapter 3.20 of this code. “Vacation Rental Permit registration certificate” means an annual permit registration certificate awarded by the City to the owner or agent pursuant to this chapter. “Vacation rental unit” or “unit” means a privately owned residential dwelling, including either 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 a period of thirty consecutive days or less, other than ongoing month-to-month tenancy granted to the same renter for the same unit, or occupancy on a time-share basis. A vacation rental unit does not include a unit that is rented only occasionally (infrequently) and incidentally to the normal occupancy by the owner or the owner’s family. The terms occasionally and infrequently shall mean ten nights or less (either cumulatively or for a continuous period) in a single calendar year. 5.44.030 Vacation rental Permit registration certificate —Required. A. No owner or agent of a vacation rental unit shall rent any unit for a period of 30 consecutive days or less without a valid Vacation Rental Permit registration certificate for each vacation rental unit pursuant to this chapter. No owner or agent of a vacation rental unit shall be permitted to obtain a Vacation Rental Permit registration certificate without first obtaining a business license pursuant to Chapter 5.04. B. A Vacation Rental Permit shall contain the following information: (1) the address of the vacation rental unit; (2) the name of the owner, agent, and emergency contact person, and a telephone number at which the emergency contact person may be reached on a 24-hour basis; (3) the expiration date of the Vacation Rental Permit; and (4) such other information as may be necessary to carry out the provisions of this chapter. 5.44.040 Agency. An owner shall may retain an agent or a representative to comply with the requirements of this chapter, including, without limitation, the filing of a complete vacation rental registration application, the management of the vacation rental unit or units, and compliance with the requirements of this chapter if the owner resides or has his/her principal place of business thirty-five (35) driving miles or more distance of the subject property.. Notwithstanding any agency relationship between an owner and an agent, the owner of the vacation rental unit shall remain responsible for compliance with all provisions of this chapter and the City’s municipal code. Failure of an agent to comply with this chapter and/or the municipal code shall be deemed noncompliance by the owner. Any agent of the owner shall be listed on the Vacation Rental Permit. The owner’s agent or representative also must also have a separate business license. Item Number: 2. Page 15 of 31 5.44.050 Vacation Rental Permit registration certificate requirements. A. Prior to use of a property as a vacation rental unit, the applicant shall submit an application for a Vacation Rental Permit to use the property as a vacation rental unit. The application shall be available at the City Clerk’s office and shall be renewed on an annual basis. Each application shall contain the following information: 1. The name, address, email address and telephone number of the owner of the vacation rental unit for which the Vacation rental Permit registration certificate is to be issued. 2. The name, address, email address and telephone number of the agent, if any, of the owner of the unit. 3. The name, address, email address and 24-hour telephone number of the emergency contact person. 4. The address of the residential property proposed to be used as a vacation rental unit. 5. The number of bedrooms and the overnight and daytime occupancy limit of the unit, as set forth in Table 5.44.081. 6. The proposed rental rates for the unit, and when applicable, the owner’s prior year revenue for the unit. 7. Evidence of a valid business license issued by the City for the separate business of operating a vacation rental unit, or submission of a certificate that owner is exempt or otherwise not covered by the provisions in Section 5.04.020 of the City’s municipal code. 8. Evidence of a valid transient occupancy registration certificate issued by the City for the vacation rental unit, pursuant to the provisions of Chapter 3.20 of the City’s municipal code. 9. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation rental unit, including the Good Neighbor Brochure. 10. Acknowledgement/attestation that the unit meets all applicable building and safety code requirements. 11. Such other information as the City Manager or designee deems reasonably necessary to administer this chapter. B. An application for a Vacation rental Permit registration certificate, annual renewal, and amendment shall each be accompanied by a fee established by resolution Item Number: 2. Page 16 of 31 of the City Council, provided, however, that no fee shall be greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter. C. Within ten business days of submittal of an application that contains all of the requirements of subsections A and B, the City’s Business License Clerk shall issue the Vacation Rental Permit to the applicant. D. Within 90 days of the effective date of the ordinance codified in this chapter, an application for a Vacation Rental Permit registration certificate shall be filed with the City’s Business License Clerk for property used as a vacation rental unit at the time of the effective date of the ordinance codified in this chapter or during the year immediately preceding the effective date of the ordinance codified in this chapter. E. The City’s Business License Clerk shall provide a copy of the Vacation Rental Permit to the City’s Police and Code Enforcement Departments within seven days of issuance. F. The application for a Vacation rental Permit registration certificate shall be accompanied by proof of general liability insurance in the amount of $1,000,000.00 combined single limit and an executed agreement to indemnify, defend and hold the City harmless from any and all claims and liability of any kind whatsoever resulting from or arising from the operation of a City permitted vacation rental. (Ord. 533 5-1-12) G. The Vacation Rental Permit shall be non-transferable. 5.44.060 Denial of a Vacation Rental Permit, appeal and fee. A. An owner or agent shall be denied a Vacation rental Permit registration certificate if: 1. a certificate for any unit that was issued to the same owner or agent has been revoked pursuant to Section 5.44.050, within 12 months of submitting the new application; 2. A property owner for a single property has been found in violation of a. Two (2) noise complaints resulting in an administrative citation for the same property shall. b. Two (2) violations of occupancy limits resulting in an administrative citation for the same property; or. c. Three (3) complaints, including but not limited to noise complaints, occupancy complaints, trash complaints, etc. resulting in an administrative citation for the same property. 3. The owner has failed to pay the appropriate amount of the Transient Occupancy Tax for any property at any time during its ownership; Item Number: 2. Page 17 of 31  4. The owner has an active code compliance matter. 5. An applicant has had a prior Vacation Rental Permit for the same or any other unit revoked within the previous 12 calendar months. The denial of a Vacation Rental Permit registration certificate may be appealed in accordance with the provisions of Section 4.24.210, et seq., of the City’s municipal code, in the same manner as provided for citations and notices of violations. B. A filing fee as established by City Council resolution or any amendments thereto for an appeal of a denial of a Vacation Rental Permit shall be paid to the City at or prior to the time of the filing of such appeal. Provided, however, that no fee shall be greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter. Any appeal of the denial of a Vacation Rental Permit filed without payment of the filing fee shall be deemed incomplete. 5.44.070 Amendments to the Vacation Rental Permit. A. Within 14 days of a change in property ownership or agency, or other material fact set forth in the annual registration, the owner or agent shall submit to the City an application for a new Vacation Rental Permit. The owner or agent shall also submit the required registration fee and comply with the City’s business license requirements. B. Any change in the emergency contact person, or the individual’s telephone number or address shall be furnished to the City within seven days, and the Vacation Rental Permit and all certificates and permits required by this chapter shall be updated within 14 days. 5.44.080 Operational requirements and standard conditions. A. The owner and agent shall ensure that the vacation rental unit complies with all applicable Federal, State and local laws, rules and regulations regarding fire, building and safety, health and safety, and all other relevant laws. B. For new Vacation Rental Permits owner and/or agent shall allow the City to conduct an inspection prior to issuance of Vacation Rental Permit of the property to ensure compliance with this chapter. C. For renewed permits, the owner and/or agent shall allow the City to conduct an inspection prior to issuance of the renewal of a Vacation Rental Permit of the property to ensure compliance with this chapter, no early than 60 days prior to the expiration of the Vacation Rental Permit. D. No outdoor music, radios, musical instruments or other devices that produce or reproduce sound are allowed to be used outdoor at any time. E. No. use of outdoor amenities and/or outdoor games or any outdoor activities that create noise between the hours of 10 p.m. and 8 a.m. Item Number: 2. Page 18 of 31  F. The owner and agent shall limit occupancy of the vacation rental unit to a specific number of occupants, as set forth in Table 5.44.081, unless a special event license has been issued by the City in accordance with the provisions of Section 5.44.080(M). Table 5.44.081 Number of Total of Overnight Additional Daytime Total Daytime Bedrooms Occupants Occupants Occupants 0-Studio 2 2 4 1 4 2 6 2 64 34 98 3 86 4 1210 4 108 54 1512 5 or more 1210 64 1814 * Overnight (10:01 p.m. – 6:59 a.m.) **Daytime (7:00 a.m. – 10:00 p.m.) G. The owner and agent shall limit the number of vehicles of overnight occupants at an amount not to exceed the number of designated on-site parking spaces. H. The owner shall cause to be installed proper trash bins for the proper removal of trash. Such bins shall be set out no earlier than 7:00pm on the day prior to trash collection day, and shall be retrieved and hid from public view no later than 7:00pm of trash collection day. The owner or agent must be available to take out the trash. I. During the term that each vacation rental unit is rented, the emergency contact person and responsible person shall be available 24 hours per day, seven days per week for the purpose of responding to complaints made to the City regarding the condition, operation, or conduct of occupants of the vacation rental unit. J. The owner and agent shall ensure that the occupants and guests of the vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the municipal code, or State or Federal law, rule or regulation. K. Prior to every use of the unit as a vacation rental unit, the owner or the owner’s agent shall: (1) obtain from the responsible person, the individual’s name, address, telephone number, and a copy of a valid government identification of the responsible person, license plate number, the state in which the vehicle is registered, and year, make and model of all vehicles used by all occupants of the unit, and any other information requested by the City manager; (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 of all occupants and guests with all provisions of this chapter and the City’s municipal code. Item Number: 2. Page 19 of 31 This signed acknowledgment information shall be readily available upon request of any officer of the City responsible for the enforcement of this chapter. L. Noise Monitoring System. Notwithstanding the regulations in Chapter 8.12, Owners must cause to be installed a noise monitoring system, which shall alert the owner/manager of any loud noises which are more than 70 decibels. Upon notification that any occupant or guest of the vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the municipal code or any State law, the owner, agent or emergency contact person shall contact the responsible person immediately within one hour and provide the individual with a warning, or take action to terminate the occupancy. M. Complaints. Notwithstanding the regulations in Chapter 8.12, in the event the City receives a complaint related to noise, trash, or other violation of this chapter, owner, agent or emergency contact person shall contact the responsible person immediately and provide the individual with a warning, or take action to terminate the occupancy. In addition, the Owner or agents must respond physically to the property within thirty (30) minutes of notice of the complaint. owner, agent or emergency contact person determines that the conduct of the occupant or resident presents a public safety issue, the owner, agent or emergency contact person, shall contact the City’s Police Department. In the event the owner, agent or emergency contact person, within a 48-hour period, receives more than three complaints that constitute a violation of the City’s noise control ordinance, as set forth in Chapter 8.12, or which are considered a public nuisance pursuant to the provisions of Chapter 4.16, or are considered a violation of the municipal code, or the City’s Police Department has determined that a public safety hazard exists, the owner, agent or emergency contact person shall terminate the occupancy immediately. Failure of the owner, agent or responsible person to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the vacation rental unit in accordance with the provisions set forth in this chapter, shall be grounds for imposition of penalties as set forth in this chapter. N. Prior to rental of a vacation rental unit, the owner of the vacation rental unit, or agent, shall post a framed copy of the Vacation Rental Permit registration certificate and the following, in a conspicuous place within the unit: 1. The maximum number of overnight occupants and the maximum number of daytime occupants permitted to stay in the unit; 2. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property; 3. Notification that the amplification of music outside of the dwelling unit is a violation of this chapter; 4. Notification that the occupant shall comply with the City’s parking, driveway and loading standards, and the number of vehicles that are permitted for the unit; Item Number: 2. Page 20 of 31  5. Notification that the occupant may be cited or fined by the City and that the owner, or owner’s agent, may immediately terminate the occupancy for creating a disturbance or for violating other provisions of the City’s municipal code; 6. Notification that failure to conform to the occupancy requirements of the vacation rental unit is a violation of this chapter. O. The use of a vacation rental unit shall not violate any applicable conditions, covenants, or other restrictions on real property. P. The owner and agent shall comply with all provisions of Chapter 3.20 of the municipal code concerning transient occupancy taxes. The monthly return required by Chapter 3.20 shall be filed each month regardless of whether the unit was rented during that month. Q. A copy of the Vacation Rental Permit shall be mailed or delivered to all property owners shown on the last equalized county assessment roll and all occupants of each dwelling unit within 300 feet of the vacation rental unit. Such information shall be provided at least annually or within 14 days of any change of information as required pursuant to this chapter. R. The owner or agent shall comply with all of the following in any and all advertisement in any and all advertising media of the vacation rental unit: 1. Maximum occupancy 2. Requirements for compliance with the City’s noise and outdoor activity standards and regulations 3. Maximum number of cars allowed 4. A statement that the short-term vacation rental occupants shall respect the neighbor’s privacy and peaceful enjoyment of their land 5. The applicable rate of the City’s transient occupancy tax 6. A photo of the front of the short-term vacation rental 7. The Business License number must be clearly and prominently displayed in the first line of the property description and in the following format “City of Desert Hot Springs Vacation Rental Permit Number” S. The owner must include in the rental or use agreement that two (2) noise complaints shall result in an immediate eviction of the occupants. Item Number: 2. Page 21 of 31  L. Before any event or gathering that involves groups that exceed the maximum number of occupants allowed during the daytime may take place at a property, either the owner or the owner’s authorized agent or representative shall apply, on behalf of the responsible person and/or occupants, for a special event license pursuant to the provisions set forth in this code, at least 30 days prior to any such gathering or event, unless otherwise authorized by the City Manager or designee. A special use license application for a vacation rental event or gathering shall be accompanied by an application fee established by resolution of the City Council. T. The City Manager shall have the authority to impose additional standard conditions, applicable to all vacation rental units, 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. 5.44.090 Complaints. Any person may report unreasonable noise, disturbances, disorderly conduct or violations of the municipal code at a rental unit, to the City’s Code Compliance Enforcement Department or Police Department. 5.44.100 Audit. Each owner, agent and/or emergency contact person shall provide access to each vacation rental unit and any records related to its use and occupancy to the City Manager at any time during normal business hours, for the purpose of inspection and/or audit to determine that the objectives and conditions of this chapter are being fulfilled. 5.44.110 Violations and penalties. A. Any person who uses, or allows the use of, residential property in violation of the provisions in this chapter may be issued an citation pursuant to Sections 4.32.010 and 5.04.250 and the administrative citation provisions of Chapter 4.24 of the municipal code. B. Notwithstanding the fines in Chapter 4.24, the following fines shall apply for violations of this Chapter: 1. General violations (Occupancy/Noise/Parking). a. First violation: one thousand dollars ($1,000.00); b. Second violation: two thousand dollars ($2,000.00); c. Third violation: three thousand dollars ($3,000.00). 2. Operating a STVR Without a Valid Short-Term Vacation Rental Permit. Item Number: 2. Page 22 of 31  a. Five thousand dollars ($5,000.00); b. The City shall collect past Transient Occupancy Tax for a period in accordance with state law. C. Immediate Summary Suspension of Vacation Rental Permit. 1. Two (2) noise complaints resulting in an administrative citation for the same property shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. 2. Two (2) violations of occupancy limits resulting in an administrative citation for the same property shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. 3. Three (3) complaints, including but not limited to noise complaints, occupancy complaints, trash complaints, etc. resulting in an administrative citation for the same shall result in an immediate summary suspension of the Vacation Rental Permit for a period of six (6) months, subject to any hearing requested pursuant to this subsection. 4. For summary suspension of Vacation Rental Permit, the City shall a. Prepare and serve the Notice of Suspension. The notice shall substantially include all of the following information: i. The name of the Vacation Rental Permit holder; ii. The street address or definite location where the violation(s) occurred; iii. The code section(s) violated; iv. A description of the conditions or actions which warrant suspension, modification or revocation of the Vacation Rental Permit; v. The action proposed (i.e., summary suspension) vi. Instructions to request a hearing, which must be made within ten (10) days of the date of issuance of the summary suspension. 5. Notice to Request a Hearing. Within 10 days of the date of issuance of the summary suspension, the Owner or Agent may request a hearing before the City Manager or his/her designee as Hearing Officer on same. The request must be in writing and must be address to: Item Number: 2. Page 23 of 31  City Manager 11999 Palm Drive Desert Hot Springs, CA 92440 6. If the Owner or Agent does not request a hearing on the summary suspension, the suspension shall be for a period of six (6) months, and the owner or agent shall be deemed to have waived his/her rights to a hearing. 7. If the Owner or Agent does request a hearing, the procedural requirements, as well as the substantive requirements in Subsection D below shall be followed and/or applied. D. Revocation of Vacation Rental Permit 1. Duty to prepare and serve notice of action recommendation. Upon reaching the determination that a specific violation of this Chapter warrants modification or revocation of the Vacation Rental Permit, the City shall prepare and serve a written notice of action recommendation upon the subject permit or license holder. 2. Contents of notice of action recommendation. The notice of action recommendation should substantially include all of the following information: a. The name of the Vacation Rental Permit holder; b. The street address or definite location where the violation(s) occurred; c. The code section(s) violated; d. A description of the conditions or actions which warrant modification or revocation of the Vacation Rental Permit; e. The action proposed (i.e., modification or revocation of the Vacation Rental Permit); f. If applicable, a description of any prior action taken by the City to gain compliance with the code with regards to the subject violation(s); g. A description of the procedures involved in taking the proposed action, including the license or permit holder’s right to attend the hearing on the proposed action; and h. The name, title and telephone number of the official making the recommendation. Item Number: 2. Page 24 of 31  3. Service of notice of action recommendation. The Code Compliance Officer shall cause a copy of the notice of action recommendation to be provided to the Vacation Rental Permit holder by causing a copy of the notice of action recommendation to be delivered to the Vacation Rental Permit holder personally or by causing a copy to be delivered to the Vacation Rental Permit holder by certified mail, postage prepaid, return receipt requested, and addressed to Vacation Rental Permit holder at the address shown on the permit or license. 4. Proof of service of notice of action recommendation. Proof of service of the notice of action recommendation shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice. 5. City Manager as Administrative Hearing Officer. The City Manager or his/her designee shall act as the Hearing Officer and conduct all hearings pursuant to the procedures set forth in this chapter, unless otherwise provided under any other applicable provision of the municipal code and/or any applicable statute, rule, code or regulation. 6. Duties of the City Manager, or his/her designee, as Hearing Officer. The City Manager, or his/her designee, as Hearing Officer shall review all evidence, documents, and written testimony and hear all oral testimony submitted by all interested parties at or before the scheduled administrative hearing and render all decisions and findings in writing to the Vacation Rental Permit holder with a duplicate copy to the issuing official. The City Manager, or his/her designee, as Hearing Officer may accept, modify or reject the findings and determinations supporting the recommendation. 7. Limitations on authority of City Manager, or his/her designee, as Hearing Officer. The City Manager, or his/her designee, as Hearing Officer’s authority to hear and consider the notice of action recommendation shall be limited to only those matters within his or her subject matter jurisdiction. The City Manager, or his/her designee, as Hearing Officer Item Number: 2. Page 25 of 31 shall consider at the administrative hearing only those issues which are relevant to the issues of the hearing. The City Manager, or his/her designee, as Hearing Officer shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes or regulations. 8. Scheduling of administrative hearing—Notice of administrative hearing. As soon as practicable, but allowing sufficient time for providing notice of the hearing, the City Manager, or his/her designee, as Hearing Officer shall fix a date, time and place for the hearing of the appeal and shall instruct the issuing official of the same. The Code Compliance Officer shall prepare a notice of administrative hearing (hearing notice), which shall be in substantially the same form as follows: You are hereby notified that a hearing will be held before the City Manager, or his/her designee, as Hearing Officer at ____________ on the ____ day of ________, ____ at the hour of ____ upon the Notice of Action Recommendation served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you. 9. Service of hearing notice. The Code Compliance Officer shall cause a copy of the hearing notice to be provided to the Vacation Rental Permit holder either by causing a copy of the notice to be delivered to such person(s) personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to the Vacation Rental Permit holder at the address shown on the Vacation Rental Permit. 10. Proof of service of hearing notice. Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the hearing notice and retained by the Code Compliance Officer. Item Number: 2. Page 26 of 31 11. Code Compliance Officer’s report. A. The Code Compliance Officer shall prepare an administrative hearing packet for the City Manager, or his/her designee, as Hearing Officer to review prior to the hearing. The packet shall include a copy of the notice of action recommendation, if applicable, and briefing, which should include a description of the violations and any actions taken by the Vacation Rental Permit holder subsequent to the service of the notice.. 12. Admissibility of evidence at hearing. The City Manager, or his/her designee, as Hearing Officer shall hear any evidence offered in support of or in protest of the proposed action provided such evidence is relevant to the issues of the hearing. The City Manager, or his/her designee, as Hearing Officer has the authority to determine the relevance of any evidence to the hearing and the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy. The City Manager, or his/her designee, as Hearing Officer shall not be limited by the technical rules of evidence. 13. Rights of parties at hearing. Any party with a legal interest in the subject permit who appears at the hearing shall have the following rights: A. To call and examine witnesses; B. To introduce documentary and physical evidence; C. To cross-examine opposing witnesses; D. To impeach any witness regardless of which party first called the witness to testify; E. To rebut evidence; and F. To be represented by anyone who is lawfully permitted to do so. 14. Failure to attend hearing. If the Vacation Rental Permit holder fails to attend the scheduled hearing, the hearing will proceed without the Vacation Rental Permit holder and he or she will be deemed to have waived his or her rights to be orally heard at the hearing. Item Number: 2. Page 27 of 31  15. Duty to prepare and serve notice of decision—Final decision. The City Manager, or his/her designee, as Hearing Officer shall cause to be prepared and served a written notice of decision upon the Vacation Rental Permit holder following the hearing. The decision of the City Manager, or his/her designee, as Hearing Officer shall be final. 16. Form of notice of decision. The notice of decision shall contain a brief summary of the evidence considered, findings of fact, a determination of the issues presented, and the effective date of the decision. 17. Time for and method of service of notice of decision. The notice of decision shall be served upon the Vacation Rental Permit holder within 30 days from the date the hearing is deemed closed. The notice of decision shall be served either by causing a copy of the notice to be delivered to the Vacation Rental Permit holder personally or by causing a copy of the notice to be delivered to Vacation Rental Permit holder via certified mail, postage prepaid, return receipt requested, and addressed to Vacation Rental Permit holder at the address shown on the Vacation Rental Permit. 18. Proof of service. Proof of service of the notice of decision shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice of decision and shall be retained by the Code Compliance Officer. 19. Effective date. The effective date of the decision and order of the City Manager, or his/her designee, as Hearing Officer shall be as stated therein. 20. Expedited judicial review. Any appeal of an administrative determination by the City Manager, or his/her designee, as Hearing Officer involving the modification or revocation of a permit, license or other entitlement pertaining to expressive conduct protected by the State or Federal Constitution is eligible for expedited judicial review pursuant to the applicable Code(s) of Civil Procedure. Item Number: 2. Page 28 of 31  21. Attorney’s fees. The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorney’s fees incurred in any such proceeding. In no proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the proceeding. B. Notwithstanding the provisions of Chapter 4.24 and except for complaints regarding the conduct of the occupants or the operation of the unit, and the response to complaints by the owner, agent and/or emergency contact person, any other pre-citation or courtesy notice issued for any violations of this chapter may provide for a reasonable compliance date or time of less than 15 calendar days from the date the pre-citation notice is given, unless, due to the nature of the violation, a shorter compliance period is necessary or appropriate, as determined in the reasonable judgment of the City official issuing the notice. C. Upon the fourth or subsequent violation issued under Section 4.32.010 in any 24-month time period, and/or upon revocation of the business license for the unit, or other permit or certificate required by the City, the City Manager or designee may initiate an investigation to determine whether an owner, agent and/or emergency contact person has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the City Manager or designee may initiate proceedings to revoke, modify, or suspend a vacation rental registration certificate pursuant to the applicable provisions of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter. E. The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisance. F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the applicable provisions of this Municipal Code. 5.44.120 Immediate health and safety threats. Nothing in this chapter shall limit the City’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat, including, but not limited to, Sections 4.16.010, 4.40.040 and 15.48.010 of the City’s code. 5.44.130 Requirements not exclusive. The requirements of this chapter shall be in addition to any license, permit, or fee required under any other provision of the City’s municipal code. The issuance of any Item Number: 2. Page 29 of 31 Vacation Rental Permit shall not relieve any person or entity of any obligation to comply with any and all other provisions of the City’s municipal code. Section 3. ENVIRONMENTAL FINDINGS. The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and Section 4. SEVERABILITY That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 5. GENERAL PLAN CONSISTENCY FINDINGS The City Council finds this amendment is consistent and compatible with the General Plan. Section 6. GENERAL FINDINGS The City Council finds this Ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City. Section 7. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed. Section 8. AMENDING OF BAIL SCHEDULE That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 9. EFFECTIVE DATE Item Number: 2. Page 30 of 31  That this ordinance shall be effective thirty days after the second reading of the ordinance. Section 10. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: ____________________________________ _______________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor APPROVED AS TO FORM: ____________________________________ Jennifer A. Mizrahi, City Attorney Item Number: 2. Page 31 of 31