Vacation Home Rental Advisory Committee - Special Meeting

VACATION HOME RENTAL ADVISORY COMMITTEE SPECIAL MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Friday, October 1, 2021 NOTICE IS HEREBY GIVEN, that the Vacation Home Rental Committee will hold a Special Meeting on Friday, October 1, 2021 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following: REGULAR SESSION AGENDA 11:15 P.M. CALL TO ORDER Pledge of Allegiance. Roll Call. Changes to the Agenda. TOPICS FOR DISCUSSION FOR POLICY RECOMMENDATION 1. Approval of Vacation Home Rental Advisory Committee Meeting Minutes for September 17, 3 2021. Vacation Home Rental Advisory Committee - Special Meeting - 17 Sep 2021 - Minutes - Pdf 2. DATA: Comparable Cities and Ownership Information 5 - 24 Comparative Short Term Vacation Home Rental Survey - A Comparative Review 3. Staff Responsibility to the Committee a. Request for data needs to be requested by the majority or Individual; b. If data is requested, a confirmation at the end of the meeting; c. Individual members CAN bring data to the meeting for consideration by the committee; d. Staff can or cannot distribute individual information/analysis to the committee for the agenda. 4. OWNERSHIP DISCUSSION: Who can own? How many an owner can own? Two Classes of Ownership (Home Sharing or Investment)? Etc. 5. OPERATION STANDARDS: Review Operating Standards for potential changes 25 - 31 (Ordinance Attached). Chapter 19.41-Vacation Home Rental Page 1 of 31  6. PERCENTAGE CAP: (Overall Caps or by some other criteria). COMMITTEE COMMENTS NEXT MEETING SCHEDULE PUBLIC COMMENTS This is the time for the public to address the Vacation Home Rental Advisory Committee on issues within the jurisdiction of the Advisory Committee that are NOT on this agenda. All comments are to be directed to the Vacation Home Rental Advisory Committee and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The Vacation Home Rental Advisory Committee is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda. ADJOURNMENT It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting. This notice of agenda is hereby certified to have been posted on or before 11:15:00 AM, September 30, 2021. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 31  TWENTYNINE PALMS CITY COUNCIL VACATION HOME RENTAL ADVISORY COMMITTEE - SPECIAL MEETING MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org September 17, 2021 CALL TO ORDER - Mayor Mintz called the meeting to order at 11:15 a.m. Pledge of Allegiance - Jim Bagley led the Pledge of Allegiance. Roll Call - All Committee members were present. Changes to the Agenda - None. BROWN ACT DISCUSSION A discussion of the Brown Act and the requirements of committee members was given. CURE AND CORRECT MEETING FROM SEPTEMBER 10, 2021. City Manager Luckino provided a recap of the September 10, 2021, meeting for Brown Act purposes. An Introduction of each committee member, individual background, and top 3 items in the Ordinance that each committee member believes needs improvement, changed, or deleted, as well as background/purpose of the committee and timing of the completion of the ordinance. The committee structure (Chair and Facilitator) was appointed. Mayor Mintz was appointed as Chair of the Committee.The purpose of the Ordinance was discussed. TOPICS FOR DISCUSSION FOR POLICY RECOMMENDATION 1. ENFORCEMENT There were two actions taken: A consensus of the Committee was to: 1). Double the fees. 2). Give the Community Development Director the authority to revoke licenses. 2. OWNERSHIP - No Discussion. 3. OPERATION STANDARDS - No Discussion. 4. PERCENTAGE CAP - No Discussion. COMMITTEE COMMENTS - N/A NEXT MEETING SCHEDULE - The next meeting is scheduled for Friday, October 1, 2021. PUBLIC COMMENTS - N/A ADJOURNMENT - Mayor Mintz adjourned the meeting at 1:15 p.m. Respectfully submitted, Frank J. Luckino, City Manager Facilitator Page 1 of 1 Page 3 of 31 Page 4 of 31  COMPARATIVE SHORT TERM VACATION HOME RENTAL SURVEY A Comparative Review of Short Term Vacation Rentals in Selected Cities Prepared by Matthew Alexander AICP on behalf of the City of Twentynine Palms September 30, 2021 PART ONE - Background The City of Twentynine Palms is considering amending its Vacation Rental Ordinance. The City Council has authorized the appointment of seven individuals familiar with the issues related to vacation home rentals to the Vacation Rental Ad Hoc Advisory Committee. Advisory Committee members include Mayor Daniel Mintz, City Councilmember Steven Bilderain, Planning Commissioners Max Walker and James Krushat, and three at-large community members Jim Thornberg, Cindy Bernard and Travis Bowler. Non-voting members of the Advisory Committee include City Manager Frank Luckino, Community Development Director Travis Clark and Planning Consultant Matthew Alexander. Following is a rough outline of the steps to possibly amend the City’s current VHR Ordinance:  September 7, 2021 – First Advisory Committee Meeting  September 14, 2021 – Second Advisory Committee Meeting  October 1, 2021 – Third Advisory Committee Meeting *  More Advisory Committee Meetings if needed  October 5, 2021 - Planning Commission may review Advisory Committee recommendations  If Planning Commission concurs with recommendations the City Attorney will be directed to write code within 30 days  November 2, 2021 - Planning Commission to consider approving new code, replacing current code  December 14, 2021 – City Council conducts first reading of new VHR Ordinance  January 11, 2022 – City conducts second reading of new VHR Ordinance  February 11, 2022 – new Ordinance becomes law, replacing old ordinance *The Third Advisory Committee Meeting was originally planned for September 24, 2021 but had to be rescheduled to October 1, 2021. It is unlikely that Advisory Committee recommendations will be ready for the Planning Commission by October 5, 2021. recommendations A Vacation Home Rental Questionnaire was prepared by the Consultant. This Questionnaire was sent to the Cities of LaQuinta, Big Bear Lake, Cathedral City, Rancho Mirage, Ridgecrest, Barstow, Desert Hot Springs, Palm Springs and the Town of Yucca Valley within California and the Town of Springdale, Utah, (located next to Zion National Park). All of the above municipalities have responded have responded either in writing or per a telephone interview with the Consultant, except Springdale, UT. The results from seven municipalities appear within this report. The cities responding to the survey include: LaQuinta, Big Bear Lake, Cathedral City and Rancho Mirage. Comparative Short Term Vacation Home Rental Survey Results – page 1 Page 5 of 31 The cities, (or Town) responding to the survey includes: Big Bear Lake, Cathedral City, La Quinta, Palm Springs, Rancho Mirage, Yucca Valley and Desert Hot Springs. The City of Ridgecrest does not have a Vacation Home Rental Ordinance. However, the City does allow VHRs under the provisions of a Conditional Use Permit. The City of Barstow held its very first public hearing on a Vacation Home Rental Ordinance at the Planning Commission on September 14, 2021. Therefore, Barstow was not included within this comparative analysis. The City of Twentynine Palms is included within this analysis for comparative purposes. This report contains the following Sections: page Part One – Background………………………………………………………………………………………………….1 Part Two - Summary of Municipalities Responses to Survey Questions……………………………….3 Part Three - Detailed VHR Surveys included within these Results……………………………………….9 Part Four - Table 1: STVHR Permits by Owners’ Addresses and Table 2: STVHR Owners with two or more permits………………………………………….18 Comparative Short Term Vacation Home Rental Survey Results – page 2 Page 6 of 31  PART TWO - Summary of Municipalities Responses to Survey Questions 1) Does your City currently have an ordinance in place which governs Short Term Vacation Rentals? YES NO City of Twentynine Palms X City of Big Bear Lake X City of Cathedral City X City of La Quinta X City of Palm Springs X City of Rancho Mirage X Town of Yucca Valley X City of Desert Hot Springs X 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). City of Twentynine Palms Residents have expressed concerns regarding some short term VHR renters’ ability to be respectful of their neighborhood’s peace and quiet. There are also concerns that an increasing number of VHRs will diminish the number of affordable housing units available in the City. To date there have been four complaints made to the City about noise since the ordinance was adopted five years ago. Other complaints may have been made directly to the owner. City of Big Bear Lake It is working well. Some growing pains for owners over the new rules. The neighbors complain that we don’t enforce it strictly enough. Since both sides aren’t 100% happy, I think we have a good balance. City of Cathedral City The City updated its code compliance process to deal with complaints lodged against VHRs. Once a complaint is received the City’s objective is to respond by sending out a code compliance officer within 45 minutes from receipt of the complaint received by dispatch. This process works much better than before. Also, the Ordinance now requires a minimum 3 night stay and limits the occupants to 2 per bedroom. City of La Quinta The City’s code related to STVRs is well designed and allows the City to effectively manage the program. I’d like to refrain from providing an “opinion” as it is subjective. Based on the City’s code enforcement data, the large majority of STVRs operate successfully within the established parameters. However, there is a small percentage of hosts that the City has had to exercise compliance enforcement actions. In light of the COVID pandemic, STVRs have become a sensitive subject and there is a divide in the community between those that support the program and those that oppose it. City of Palm Springs The ordinance has been very successful as it is based on strict compliance. Owners are limited to the number of stays per year, must adhere to reporting contract summaries and guests are subject to strict rules. We have dedicated code compliance officers to ensure that the rules and regulations are being followed, if there is a violation there are no warnings and a citation is issued. City of Rancho Mirage Quality of life standards play a major role in determining the spirit of the STR regulations. This year the Planning Commission proposed that all short term rentals be defined as a stay of 27 nights or less. Town of Yucca Valley The Ordinance isn’t working particularly well. The Town Council will review the Ordinance in October. City of Desert Hot Springs The Ordinance works well Comparative Short Term Vacation Home Rental Survey Results – page 3 Page 7 of 31  3) Do you know the approximate revenue generated in the last 12 months by your City? City of Twentynine Palms $600,000 City of Big Bear Lake $1,500,000 City of Cathedral City Please contact City of Cathedral City Finance Department. City of La Quinta $5,350,371 City of Palm Springs Permit fees for FY20/21: $1,901,294 Penalties/Violations: $124,043 City of Rancho Mirage $700,000 Town of Yucca Valley Please contact Town of Yucca Valley Finance Department. City of Desert Hot Springs $677,000 (TOT only) 4) To what extent has there been conflict, (complaints) from the residents living near Short Term Vacation Rental Homes? City of Twentynine Palms Enough complaints have been received to cause the City to: 1) place a moratorium on issuing new VHR Permits and 2) establish an ad hoc committee to prepare a draft STVHR Ordinance for consideration by the Planning Commission and City Council. See above. There has not been a large amount of complaints over the years based on nuisance violations, but real concern about the concentration of them in certain neighborhoods. City of Big Bear Lake Many complaints during COVID. 6 times the number of complaints in 2019. Some are still complaining and are discussing a voter initiative to limit the number of licenses City of Cathedral City Concerns have been so significant that the City will phase out STVRs by January 1, 2023. (this excludes properties within a Homeowners’ Association). City of La Quinta There are strong opponents to STVRs and strong supporters; the City does not have any quantitative data that can provide, we receive comments from both sides, those for and against the program. City of Palm Springs Changes we would like to see to the current Ordinance are:  Clarification on owners having financial and beneficial interest in only one Vacation Rental. o We aim to clarify beneficial interest.  Business entity, legal entity, and ownership o Our ordinance defines business entity, but not legal entity.  This is in relation to estate or tax planning service where a natural person holds the property in a legal entity for estate or tax planning  Increased focus on Covenants and Deed restrictions that prohibit short-term use because properties are being used for short-term use as a primary use. Comparative Short Term Vacation Home Rental Survey Results – page 4 Page 8 of 31  o The ordinance finds that such uses are ancillary and secondary to the residential use of property.  Agency managed properties, responsibilities, and accountability o Current ordinance states that owners are at fault for agents failure to comply with Ordinance.  Looking to increase accountability and enforcement on agencies with clear processes and definitions City of Rancho Mirage Rancho Mirage has developed a strong fine schedule for violations. Town of Yucca Valley Overall, many residents are displeased with STVHRs City of Desert Hot Springs Minimum complaints 5) Are there any sections of your VHR Ordinance that you might recommend to change? City of Twentynine Palms Ordinance review is currently in progress City of Big Bear Lake City just went through the amendment process. Some of the important changes were the creation of a Good Neighbor Policy that guests are required to sign at an in-person check-in. The ability to email citations to owners and agents was an important change as well City of Cathedral City Please contact City of Cathedral City Finance Department. City of La Quinta The STVR program is fluid as it is highly dependent on the environment; for example, the COVID pandemic changed the dynamics in a manner that no one could ever predict. Several amendments to the code were adopted by the City in January 2015 and a permanent moratorium on the issuance of new STVR permits effective May 20, 2021. The City does not anticipate any major amendments in the near future as staff is currently monitoring the program to evaluate the effects of the recent amendments. Minor amendments might be triggered from time to time. City of Palm Springs A. The most common complaint is for Loud Occupants. This includes music being played at a Vacation Rental Property. In calendar year 2020, there were 801 calls concerning loud occupants and music. For calendar 2021 up to the start of August, there have been 431. B. Another concern from the neighborhoods is density and the number of Vacation Rentals in proximity to each City of Rancho Mirage Rancho Mirage has developed a strong fine schedule for violations. Town of Yucca Valley Staff would estimate that about half of Town residents are opposed to STVHRs. City of Desert Hot Springs None at this time 6) Does your City limit the number of days a VHR can be leased? City of Twentynine Palms Yes, 30 consecutive calendar days or less. Comparative Short Term Vacation Home Rental Survey Results – page 5 Page 9 of 31 City of Big Bear Lake No limits. City of Cathedral City Yes, 3 days minimum City of La Quinta No. Any rental that is 30 days or less is considered a STVR, which is pursuant to state law. . City of Palm Springs There is not a limit of the number of days; however, there is a limit to number of contracts per year – 32 per year and an additional 4 for the third quarter of the year. City of Rancho Mirage Rancho Mirage has developed a strong fine schedule for violations. Town of Yucca Valley No City of Desert Hot Springs Yes, 30 days 7) Have any of the following regulatory measures been YES NO implemented by your City?  Mandatory training requirement for STVR owners and agents Big Bear Lake Twentynine Palms Rancho Mirage Desert Hot Springs Palm Springs La Quinta Cathedral City Yucca Valley  In person check-in by Owner or Agent Big Bear Lake Twentynine Palms Palm Springs Desert Hot Springs Cathedral City Yucca Valley  Additional Code Enforcement resources Big Bear Lake Yucca Valley Twentynine Palms Desert Hot Springs La Quinta Cathedral City Rancho Mirage Palm Springs  Increased fines for violations La Quinta Twentynine Palms Big Bear Lake Desert Hot Springs Cathedral City Rancho Mirage Palm Springs Yucca Valley  Owner cannot hold two permitted STVRs adjacent to each other Palm Springs Twentynine Palms Desert Hot Springs Cathedral City Comparative Short Term Vacation Home Rental Survey Results – page 6 Page 10 of 31  La Quinta Big Bear Lake Rancho Mirage Yucca Valley  Changes to the Appeal Process Twentynine Palms Desert Hot Springs Palm Springs La Quinta Big Bear Lake Cathedral City Rancho Mirage Yucca Valley  Limitation on the number of STVRs Twentynine Palms Desert Hot Springs La Quinta Big Bear Cathedral City Rancho Mirage Palm Springs Yucca Valley  Distancing requirement between STVRs Twentynine Palms Desert Hot Springs La Quinta Big Bear Lake Cathedral City Rancho Mirage Palm Springs Yucca Valley 8) Do you have any comments or suggestions that might improve the City of Twentynine Palms Ordinance? City of Twentynine Palms NA City of Big Bear Lake Our ordinance and program information is the result of 8 months of public comment and debate. Personally, I think a prohibition on one bedroom units and apartments is appropriate. These units compete directly with hotels and remove long-term housing options from the community. BBL prohibits apartments but allows one bedroom and studio cabins to be vacation rentals. We do limit one person or entity to no more than 2 licenses. Most penalties are $500. Operating without a license is $5000 and a lifetime ban from the program. Advertising self-check-in penalty is $2500. City of Cathedral City Violations are expensive. First violation fine - $1,000, 2nd violation fine - $5,000, 3rd violation fine - $15,000, 4th violation = license suspension. City of La Quinta It is important to establish requirements of the hosting platforms utilized by hosts to advertise their STVRs – to ensure the platforms collaborate with the City and do not allow illegal bookings to occur from unpermitted STVRs. Please reference Section 3.25.080 – Recordkeeping and Hosting Platform Duties of the City’s code. Comparative Short Term Vacation Home Rental Survey Results – page 7 Page 11 of 31 City of Palm Springs Density, Ownership limitations, dedicated staff, strict fines and penalties and strong enforcement. City of Rancho Mirage Don’t be afraid to go to bat for the concerned neighbors. Town of Yucca Valley No City of Desert Hot Springs The City contracts with Granicus, ($40K/year), to track permits and send letters. Comparative Short Term Vacation Home Rental Survey Results – page 8 Page 12 of 31 PART THREE - Detailed VHR Surveys included within these Results City of Twentynine Palms Response Questions asked to and Responses from City Representatives 1)Does your City currently have an ordinance in place which governs Vacation Home Rentals? YES 1) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of VHR owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff charged with regulating the Ordinance). Residents have expressed concerns regarding some short term VHR renters’ ability to be respectful of the neighborhood’s peace and quiet. There are also concerns that an increasing number of VHRs will diminish the number affordable housing units in the City. To date there have been four complaints made to the City about noise since the ordinance was adopted five years ago. Other complaints may have been made directly to the owner. 2) Do you know the approximate revenue generated in the last 12 months for your City by VHR fees? $600,000. 3) To what extent has there been conflict, (complaints) from the residents living near VHRs? Enough complaints have been received to cause the City to: 1) place a moratorium on issuing new VHR Permits and 2) establish an ad hoc committee to prepare a draft STVHR Ordinance for consideration by the Planning Commission and City Council. See above. There has not been a large amount of complaints over the years based on nuisance violations, but real concern about the concentration of them in certain neighborhoods. 4) Are there any sections of your VHR Ordinance that you might recommend be changed? Why? Consideration to: 1) limit the number of STVHRs geographically, 2) by limiting/prohibiting multiple units owned by the same property owner, 3) Overall cap on total VHRs in City, 4) In person check-in by Owner or Agent, 5) Additional Code Enforcement resources, 6) Increased fines for violations, 7) Requirement that owner must be a City resident, 8) Revocation of permit by Community Development Director. I have concerns about #1 without the proper system to provide this information. I think #7 would be seen as discriminatory by the courts. 5) Does your City limit the number of days a VHR that can be leased? Yes, 30 consecutive calendar days or less. 7) Have any of the following regulatory measures been implemented by YES NO ? your City?  Mandatory training requirement for STVR owners and agents X  In person check-in by Owner or Agent X  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs X  Distancing requirement between STVRs X Comments An additional part time resource was hired and available some weekends. City Council did reimpose the fee for VHR Appeals. 8) Do you have any comments or suggestions that you believe might improve the City of Twentynine Palms VHR Ordinance? NA Comparative Short Term Vacation Home Rental Survey Results – page 9 Page 13 of 31 City of Big Bear Lake Survey Response 1) Does your City currently have an ordinance in place which governs Short Term Vacation Rentals? Yes. 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). It is working well. Some growing pains for owners over the new rules. The neighbors complain that we don’t enforce it strictly enough. Since both sides aren’t 100% happy, I think we have a good balance. 3) Do you know the approximate revenue generated in the last 12 months from your STVR fees and penalties? $1.5 million 4) To what extent has there been conflict, (complaints) from the residents living near STVRs? Many complaints during COVID. 6 times the number of complaints in 2019. Some are still complaining and are discussing a voter initiative to limit the number of licenses. 5) Are there any sections of your STVR Ordinance that you might recommend be changed? Why? We just went through the amendment process. Some of the important changes were the creation of a Good Neighbor Policy that guests are required to sign at an in- person check-in. The ability to email citations to owners and agents was an important change as well. 6) Does your City limit the number of days a STVR that can or must be leased? No limits. 7) Have any of the following regulatory measures been implemented by YES NO ? your City?  Mandatory training requirement for STVR owners and agents X  In person check-in by Owner or Agent X  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs X  Distancing requirement between STVRs X Comments: We do limit one person or entity to no more than 2 licenses. Most penalties are $500. Operating without a license is $5000 and a lifetime ban from the program. Advertising self-check-in penalty is $2500. 8) Do you have any suggestions that you believe should be considered for Twentynine Palms new Ordinance? Our ordinance and program information is located here. This is the result of 8 months of public comment and debate. Personally, I think a prohibition on one bedroom units and apartments is appropriate. These units compete directly with hotels and remove long-term housing options from the community. BBL prohibits apartments but allows one bedroom and studio cabins to be vacation rentals. Comparative Short Term Vacation Home Rental Survey Results – page 10 Page 14 of 31 City of Cathedral City Survey Response 1) Does Rancho Mirage currently have an ordinance in place which governs Short Term Vacation Rentals? Yes, Our STVR information is online: https://www.cathedralcity.gov/services/vacation- rental-information/managing-your-short-term-rental. This may be helpful. The supervisor of the STVR Compliance Officers is Anne Marie Teall. She manages the four officers. Here is here contact info: ateall@cathedralcity.gov. Our STVR Analyst is Amanda McWilliams, amcwilliams@cathedralcity.gov. She handles the administrative licensing. 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). The City updated its code compliance process to deal with complaints lodged against VHRs. Once a complaint is received the City’s objective is to respond by sending out a code compliance officer within 45 minutes from receipt of the complaint received by dispatch. This process works much better than before. Also, the Ordinance now requires a minimum 3 night stay and limits the occupants to 2 per bedroom. 3) Do you know the approximate revenue generated in the last 12 months from your STVR fees and penalties? Please contact City of Cathedral City Finance Department. 4) To what extent has there been conflict, (complaints) from the residents living near STVRs? Concerns have been so significant that the City will phase out STVRs by January 1, 2023. (this excludes properties within a Homeowners’ Association). 5) Are there any sections of your STVR Ordinance that you might recommend be changed? Why? The new Ordinance is working as well as it could be. 6) Does Cathedral City limit the number of days a STVR that can be leased? Yes, 3 days minimum 7) Have any of the following regulatory measures been implemented by YES NO ? your Cathedral City?  Mandatory training requirement for STVR owners and agents X  In person check-in by Owner or Agent yes & no, check in can be online  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs X  Distancing requirement between STVRs X 8) Do you have any suggestions that you believe should be considered for Twentynine Palms new Ordinance? Violations are expensive. First violation fine - $1,000, 2nd violation fine - $5,000, 3rd violation fine - $15,000, 4th violation = license suspension. Comparative Short Term Vacation Home Rental Survey Results – page 11 Page 15 of 31 City of Desert Hot Springs Questions asked City Representatives 1) Does your City currently have an ordinance in place which governs Vacation Home Rentals? YES 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of VHR owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff charged with regulating the Ordinance). The Ordinance works very well. 3) Do you know the approximate revenue generated in the last 12 months for your City by VHR fees? $677,000 (TOT only) 4) To what extent has there been conflict, (complaints) from the residents living near VHRs? Unaware of any complaints. 5) Are there any sections of your VHR Ordinance that you might recommend be changed? NO 6) Does your City limit the number of days a VHR that can be leased? Yes, 30 days 7) Have any of the following regulatory measures been YES NO ? implemented by Desert Hot Springs?  Mandatory training requirement for STVR owners and agents X  In person check-in by Owner or Agent X  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs X  Distancing requirement between STVRs X Comments 8) Do you have any comments or suggestions that you believe might improve the City of Twentynine Palms VHR Ordinance? The City contracts with Granicus, ($40K/year), to track permits and send letters. Comparative Short Term Vacation Home Rental Survey Results – page 12 Page 16 of 31 City of LaQuinta Survey Response 1) Does LaQuinta currently have an ordinance in place which governs Short Term Vacation Rentals? Yes, Chapter 3.25 of the La Quinta Municipal Code – see link below if you wish to reference the code. Chapter 3.25 - SHORT-TERM VACATION RENTALS 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). The City’s code related to STVRs is well designed and allows the City to effectively manage the program. I’d like to refrain from providing an “opinion” as it is subjective. Based on the City’s code enforcement data, the large majority of STVRs operate successfully within the established parameters. However, there is a small percentage of hosts that the City has had to exercise compliance enforcement actions. In light of the COVID pandemic, STVRs have become a sensitive subject and there is a divide in the community between those that support the program and those that oppose it. 3) Do you know the approximate revenue generated in the last 12 months from your STVR fees and penalties? $5,350,371 4) To what extent has there been conflict, (complaints) from the residents living near STVRs? There are strong opponents to STVRs and strong supporters; the City does not have any quantitative data that can provide, we receive comments from both sides, those for and against the program. 5) Are there any sections of your STVR Ordinance that you might recommend be changed? Why? The STVR program is fluid as it is highly dependent on the environment; for example, the COVID pandemic changed the dynamics in a manner that no one could ever predict. Several amendments to the code were adopted by the City in January 2015 and a permanent moratorium on the issuance of new STVR permits effective May 20, 2021. The City does not anticipate any major amendments in the near future as staff is currently monitoring the program to evaluate the effects of the recent amendments. Minor amendments might be triggered from time to time. 6) Does your LaQuinta limit the number of days a STVR that can be leased? ____ minimum #____ No. Any rental that is 30 days or less is considered a STVR, which is pursuant to state law. 7) Have any of the following regulatory measures been implemented by your City? YES NO ?  Mandatory training requirement for STVR owners and agents X  In person check-in by Owner or Agent not sure what this means? In-person check-in with whom – guests, city?  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs X  Distancing requirement between STVRs X 8)Do you have any suggestions that you believe should be considered for Twentynine Palms new Ordinance? Please provide a specific subject area – regarding permitting, enforcement, fines, etc. Referencing the City’s code would provide the details that have been established as effective for La Quinta. It is important to establish requirements of the hosting platforms utilized by hosts to advertise their STVRs – to ensure the platforms collaborate with the City and do not allow illegal bookings to occur from unpermitted STVRs. Please reference Section 3.25.080 – Recordkeeping and Hosting Platform Duties of the City’s code. Comparative Short Term Vacation Home Rental Survey Results – page 13 Page 17 of 31 City of Palm Springs Survey Response 1) Does Palm Springs currently have an ordinance in place which governs Short Term Vacation Rentals? Yes, Ordinance 1918 (attached), codified in Palm Springs Municipal Code 5.25. 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). The ordinance has been very successful as it based on strict compliance. Owners are limited to the number of stays per year, must adhere to reporting contract summaries and guests are subject to strict rules. We have dedicated code compliance officers to ensure that the rules and regulations are being followed, if there is a violation there are no warnings and a citation is issued. 3) Do you know the approximate revenue generated in the last 12 months from your STVR fees and penalties? Permit fees for FY20/21: $1,901,294 Penalties/Violations: $124,043 4) To what extent has there been conflict, (complaints) from the residents living near STVRs? A. The most common complaint is for Loud Occupants. This includes music being played at a Vacation Rental Property. In calendar year 2020, there were 801 calls concerning loud occupants and music. For calendar 2021 up to the start of August, there have been 431. B. Another concern from the neighborhoods is density and the number of Vacation Rentals in proximity to each 5) Are there any sections of your STVR Ordinance that you might recommend be changed? Why? Limiting the number of STVR in the City and/or placing restrictions on number per neighborhood. Changes we would like to see to the current Ordinance are:  Clarification on owners having financial and beneficial interest in only one Vacation Rental. o We aim to clarify beneficial interest.  Business entity, legal entity, and ownership o Our ordinance defines business entity, but not legal entity.  This is in relation to estate or tax planning service where a natural person holds the property in a legal entity for estate or tax planning  Increased focus on Covenants and Deed restrictions that prohibit short-term use because properties are being used for short-term use as a primary use. o The ordinance finds that such uses are ancillary and secondary to the residential use of property.  Agency managed properties, responsibilities, and accountability o Current ordinance states that owners are at fault for agents failure to comply with Ordinance.  Looking to increase accountability and enforcement on agencies with clear processes and definitions. Comparative Short Term Vacation Home Rental Survey Results – page 14 Page 18 of 31 (Continued) City of Palm Springs Survey Response 6) Does Palm Springs limit the number of days a STVR that can be leased? There is not a limit of the number of days; however, there is a limit to number of contracts per year – 32 per year and an additional 4 for the third quarter of the year. 7) Have any of the following regulatory measures been implemented by YES NO ? your City?  Mandatory training requirement for STVR owners and agents X  In person check-in by Owner or Agent X  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs X  Distancing requirement between STVRs X Comments 8) Do you have any suggestions that you believe should be considered for Twentynine Palms' new Ordinance? Density, Ownership limitations, dedicated staff, strict fines and penalties and strong enforcement Comparative Short Term Vacation Home Rental Survey Results – page 15 Page 19 of 31 City of Rancho Mirage Survey Response 1) Does Rancho Mirage currently have an ordinance in place which governs Short Term Vacation Rentals? Yes. 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). Quality of life standards play a major role in determining the spirit of the STR regulations. This year the Planning Commission proposed that all short term rentals be defined as a stay of 27 nights or less. 3) Do you know the approximate revenue generated in the last 12 months from your STVR fees and penalties? $700,000. 4) To what extent has there been conflict, (complaints) from the residents living near STVRs? Rancho Mirage has developed a strong fine schedule for violations. 5) Are there any sections of your STVR Ordinance that you might recommend be changed? Why? The new Ordinance is working as well as it could be. 6) Does Rancho Mirage limit the number of days a STVR that can be leased? Yes, 2 days minimum 7) Have any of the following regulatory measures been implemented by YES NO ? Rancho Mirage?  Mandatory training for STVR owners and agents including signs X  In person check-in by Owner or Agent  Additional Code Enforcement resources 2 full time Code Comp officers X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process X  Limitation on the number of STVRs none, except in HOAs X  Distancing requirement between STVRs X Comments 8) Do you have any suggestions that you believe should be considered for Twentynine Palms new Ordinance? Don’t be afraid to go to bat for the concerned neighbors. Comparative Short Term Vacation Home Rental Survey Results – page 16 Page 20 of 31 Town of Yucca Valley Survey Response 1) Does Yucca Valley currently have an ordinance in place which governs Short Term Vacation Rentals? Yes. 2) If so, what is your overall opinion of how successful the ordinance works? (i.e., satisfaction of owners, City-wide residents, aggrieved neighbors, business/real estate community, City staff or contractors). Not well. The Town Council will be reviewing the existing STVHR Ordinance in mid-October. 3) Do you know the approximate revenue generated in the last 12 months from your STVR fees and penalties? Please contact the Town of Yucca Valley Finance Department. 4) To what extent has there been conflict, (complaints) from the residents living near STVRs? Staff would estimate that about half of Town residents are opposed to STVHRs. 5) Are there any sections of your STVR Ordinance that you might recommend be changed? Why? It has been recommended that the Town limit the number of new permits to be approved each year. A lottery may be used to determine who would be eligible for a permit. 6) Does Yucca Valley limit the number of days a STVR that can be leased? No. 7) Have any of the following regulatory measures been implemented by YES NO ? Yucca Valley?  Mandatory training for STVR owners and agents X  In person check-in by Owner or Agent X  Additional Code Enforcement resources X  Increased fines for violations X  Owner cannot hold two permitted STVRs adjacent to each other X  Changes to the Appeal Process in October X  Limitation on the number of STVRs X  Distancing requirement between STVRs X Comments 8) Do you have any suggestions that you believe should be considered for Twentynine Palms new Ordinance? Most complaints refer to a code violation. Comparative Short Term Vacation Home Rental Survey Results – page 17 Page 21 of 31 PART FOUR Table 1: STVHR Permits by Owners’ Addresses and Table 2: STVHR Owners with two or more permits Comparative Short Term Vacation Home Rental Survey Results – page 18 Page 22 of 31 Table 1 - Short Term Vacation Home Rental Permits by Owners’ Home Address Issued by The City of Twentynine Palms, September, 2021 Vacation Rental Owners’ Home City # Permits California Twentynine Palms 65 Los Angeles 20 Yucca Valley 5 Joshua Tree 4 Long Beach 4 San Diego 3 Sherman Oaks 3 Costa Mesa 3 North Hollywood 2 Yorba Linda 2 San Pedro 2 North Hollywood 2 Huntington Beach 2 Mission Viejo 2 Culver City 2 Santa Paula 2 Santa Monica 1 Pasadena 1 Westminster 1 Grand Terrace 1 Torrance 1 Running Springs 1 Woodland Hills 1 San Mateo 1 Palm Springs 1 La Crescenta 1 Moreno Valley 1 Trabuco Canyon 1 San Francisco 1 Montclair 1 Laguna Beach 1 Murietta 1 Torrance 1 El Cajon 1 Glendale 1 Visalia 1 Beaumont 1 Whittier 1 Altadena 1 Inglewood 1 Hawthorne 1 Solana Beach 1 Out-of-State New York, NY 2 Adams, NY 1 Richmond, VA 1 Olympia, WA 1 Vancouver, WA 1 Lakewood, OH 1 Warwick, NE 1 Las Vegas, NV 1 Sandy UT 1 Toronto, ON Canada 1 Total Approved Vacation Home Rental Permits 160 Comparative Short Term Vacation Home Rental Survey Results – page 19 Page 23 of 31  Table 2 Short Term Vacation Home Rental Owners with 2 or more Permits Issued by The City of Twentynine Palms, September, 2021 # Permits Property Owner Residence/Business VHR Location Address Twentynine Palms 4 Payman Hamed Twentynine Palms 6764 Estrella Ave. 73829 S. Slope Dr. 6577 Desert Queen Drive 6380 Yucca Avenue 3 Mary Jane Binge Twentynine Palms 6579 Mission Ave. 8989 Utah Trail 74677 Hillview Road 2 Jane Grunt-Smith Twentynine Palms 73817 Old Date Road 73871 Old Date Road 2 Kyle Martin Twentynine Palms 7516 Persia Avenue - Main 7516 Persia Avenue - Guest 2 Lotus G 2020 LLC Twentynine Palms 6553 Via Allegra 6565 Via Allegra 2 Cameron Wortman Twentynine Palms 73384 Sullivan Rd. #A 73384 Sullivan Rd. #B Outside Twentynine Palms 2 Jack Herkel Santa Paula 74576 Old Date Rd. 74576 Old Date Rd. Unit B 2 Kristen Schultz Los Angeles 6405 Tamarisk Ave. 73543 Joshua Drive 2 Kai Mo Wong Yorba Linda 68054 Sullivan Rd. 69301 Cottonwood Drive 2 Robert and Ilse Vlach San Pedro 73145 29 Palms Hwy, A 73145 29 Palms Hwy, B Comparative Short Term Vacation Home Rental Survey Results – page 20 Page 24 of 31 Chapter 19.41 - Vacation Home Rental 19.41.010 - Purpose A. The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a permit authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals. B. Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City's Development Code or the County's applicable Land Use Regulations that identified or allowed the establishment of a "vacation home rental" as a legally permitted land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter 19.142 (Nonconforming Buildings and Uses). 19.41.015 - Definitions For the purpose of this Chapter, the following definitions shall apply: A. Agent. The representative, if any, designated by the owner in accordance with Section 19.41.030 (Owner's Agent). B. Occupant. Any person who occupies or is entitled to occupy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a vacation home rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered. C. Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental permit is sought. D. Vacation Home Rental. A permitted short-term rental of any detached single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of two consecutive nights, but no more than 30 consecutive calendar days in duration. "Short-term rental" is included in the definition of "hotel" for purposes of collecting transient occupancy tax pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code. 19.41.020 - Permit Required No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental permit approved and issued in the manner provided for by this Chapter. A. Vacation home rental use shall be limited to only those dwelling units that are physically separate, "stand-alone" single-family residential units, not attached to or sharing a common wall, with any other residential unit being considered for the vacation home rental. B. A vacation home rental use may be established on any parcel within any land use/zoning district when such property is occupied by one or more physically separated structures built as individual single-family residential homes. Subject to the requirements and standards established in this Chapter, and approval of a Conditional Use Permit in compliance with the procedures and findings established in Chapter 19.42 (Conditional Use Permit), the Planning Commission may approve the Page 25 of 31  use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value. 19.41.025 - Application Fee An application for a Vacation Home Rental Permit 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. 19.41.030 - Owner's Agent An owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of an application for a permit that has been signed and notarized by the owner, the management of the vacation home rental, and compliance with the conditions to the permit. The permit shall be issued only to the owner of the vacation home rental. The owner is responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner. 19.41.035 - Application The owner or owner's agent shall submit an application for a Vacation Home Rental Permit to the Community Development Director (Director). The application for a Vacation Home Rental Permit shall be upon forms provided by the City and shall contain at a minimum the following information: A. The name, address and telephone number of the owner of the vacation home rental for which the permit is to be issued. B. The name, address and telephone number of the agent, if any, for the vacation home rental. C. Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental. D. Proof of general liability insurance in the amount of $1 million combined single limit and an executed agreement to indemnify, defend and hold the City harmless from any and all claims and liabilities of any kind whatsoever resulting from or arising out of the vacation home rental use. E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City. F. Such other information as the Director may deem reasonably necessary to administer this Chapter. 19.41.040 - Findings for Approval Prior to approving an application for a Vacation Home Rental Permit, the Director shall find that all of the following are true: A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use. B. That the residential character of the neighborhood in which the use is located will be maintained and preserved and that the issuance of the permit will not be detrimental to the public health, safety and welfare of the residents in the neighborhood or injurious to the community within the vicinity and the district in which the use is located. 19.41.045 - Notice Prior to approval of a Vacation Home Rental Permit, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a permit application has been received and is pending approval. The notice shall be mailed at least 10 days prior to making a final determination on the application. The Page 26 of 31 notice shall provide a brief description of the use requested by the applicant, shall indicate the date the permit will be issued, and shall indicate where information regarding the application may be obtained. 19.41.050 - Denial of Permit No application for a permit, or a subsequent renewal, shall be denied if it meets the conditions of permit issuance pursuant to this Chapter. No permit or renewal of a permit may be issued to the same owner if a permit for the vacation home rental location has been revoked within one year of the application date, or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter. 19.41.055 - Appeal Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals), except that the appeal shall be filed within 10 days of the date of notice, as required in Section 19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final. 19.41.060 - Permit Renewal The owner(s) shall renew a Vacation Home Rental Permit annually prior to the permit issuance anniversary date, and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035.D. 19.41.065 - Permit Issuance Permits issued pursuant to this Chapter are subject to the following standard conditions: A. Prior to issuance of the Vacation Home Rental Permit, the owner(s) shall request, and pay the applicable fee for, an inspection from the City's Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including but not limited to smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s). B. Prior to issuance of the initial Vacation Home Rental Permit for a property, the owner/agent shall provide certification dated within one year of application for the permit, from a state-licensed and certified septic inspector or inspection service that each septic system located upon the site of the vacation home rental is functioning properly and conforms to all applicable city, county and state health and safety regulations and requirements. C. The owner shall provide a valid 24-hour emergency contact telephone number for the owner and/or agent of a vacation home rental. Failure to provide and maintain a valid 24-hour contact telephone number(s) for the owner and/or agent responsible for a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved permit for a vacation home rental. D. The vacation home rental must have a minimum of two off-street, on-site parking spaces. When the unit consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four shall be provided with one dedicated parking stall measuring 19 feet in length and 9 feet in width. No portion of any such required parking stall shall be located within either a required front or street side yard setback area. All required parking spaces shall comply with the location and design standards established by the provisions of Chapter 19.82 (Off-Street Parking and Loading). E. The vacation home rental must have a visible house number easily seen from the street, day or night. F. All advertising for the short-term rental shall include the City-issued permit number. G. A minimum stay of two consecutive nights shall be required. Page 27 of 31 H. The maximum overnight occupancy of the vacation home rental shall be limited to two persons per bedroom, plus two additional persons, excluding persons 5 years of age or younger. I. No on-site exterior signs are to be posted advertising a vacation home rental, except that a single sign no smaller than 1 square foot in size and no larger than 2 square feet in size shall be displayed in a location clearly visible from the adjacent street. The sign shall only contain a 24-hour contact number for the owner or agent, and the permit number. J. Prior to commencement of the use, the owner shall register the property with the City Finance Department for transient occupancy tax reporting and payment. K. Each vacation home rental use shall register with the City Finance Department and pay the applicable fee to obtain a business license. L. The Director shall have the authority to establish additional standard conditions, as necessary to achieve the objectives of this Chapter. M. The Planning Commission shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions to the permit or the provisions of this Chapter subject to compliance with the procedures specified in Section 19.41.080 (Noncompliance). N. The owner or agent shall sign an acknowledgement of the requirements for operation of the vacation home rental as set forth in this Chapter. 19.41.070 - Operating Standards Vacation home rentals shall comply with the following operating standards. A failure to comply and/or conform to the following standards shall constitute a violation of the City's Municipal Code, and shall be grounds to revoke an approved Vacation Home Rental Permit. A. Structural and Design Features. 1. Each dwelling used as a vacation home rental shall maintain an operational fire extinguisher, smoke detector(s) and carbon monoxide detector(s) (one per bedroom plus one in each hallway) conforming to the Uniform Building Code Standards (UBC No. 43-6). Exit/egress and an emergency evacuation map must be displayed in a prominent location in each room used for sleeping purposes. 2. Alterations or modifications made to any structure(s) and to the site used for a vacation home rental use shall be compatible with the character of a single-family residence and the surrounding residential neighborhood. Alterations and modifications shall also comply with all applicable provisions, requirements and standards of the City's Municipal Code. Vacation Home Rental Permits will not be issued to structures that have been previously altered or modified without obtaining a building permit for the alteration or modification. 3. Any lights used to illuminate a site used for a vacation home rental purpose shall be designed so as to reflect away from adjoining properties and all public rights-of-ways and shall comply with Chapter 19.78 (Lighting Standards). 4. The home used for a vacation home rental shall not be modified to allow or contain more than one kitchen/cooking facility. 5. The owner/agent shall ensure that the occupants of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take measures necessary to abate disturbances, including, but not limited to, directing the tenant, calling for law enforcement services or City code enforcement officers, evicting the tenant, or any other action necessary to immediately abate the disturbance. 6. The owner/agent, upon notification that occupants or tenants of the rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of Page 28 of 31  the Municipal Code or state law, shall take immediate action within one hour of notification to prevent a recurrence of such conduct by the occupants and/or guests. B. Contact Information. The owner shall maintain a valid 24-hour contact telephone number for the owner/agent of a vacation home rental. Failure to maintain a valid 24-hour contact telephone number(s) for the owner and/or responsible individual of a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved permit pursuant to Section 19.41.080 (Noncompliance) of this Chapter. C. Records, Business License, Transient Occupancy Tax and Performance Deposit. 1. Records of all guests who patronize the vacation home rental unit shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the City within five working days upon written request from the City. Failure to preserve patronage records or failure to present patronage records when requested by the City to do so shall be grounds to revoke the Vacation Home Rental Permit. 2. A valid Business License shall be maintained for each vacation home rental. 3. Each vacation home rental use shall report and remit to the City Finance Department all transient occupancy tax due and required by Chapter 3.24 of the Municipal Code. D. Rental Agreement. 1. A rental agreement shall be required for each rental of an approved vacation home rental unit prior to occupancy. 2. Prior to occupancy, the owner shall obtain the name, address and driver's license number or a copy of the passport of the primary responsible adult occupant of the vacation home rental. 3. The rental agreement shall disclose that riding off-road vehicles is restricted to approved OHV areas only. The rental agreement shall also inform the tenant that they are subject to the local Noise Control Ordinance. 4. The rental agreement shall disclose that all animals under the renter's control shall be cared for in a manner consistent to Subsection 19.41.070.F (Animals), and in conformance with all City and County animal standards. 5. Each lease or rental agreement shall include the following notifications and disclosures, which shall also be posted in a conspicuous location inside the vacation home rental: a. The maximum number of occupants that are permitted and notification that failure to conform to the maximum occupancy is a violation of this Chapter. b. The number of parking spaces provided, and the location of assigned parking and the maximum number of vehicles that are permitted. c. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property. d. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws. e. The name of the managing agency, agent, rental manager, local contact person or owner of the unit, a telephone number at which that party may be reached at all times, and 911 emergency information. E. Parking, Access and Driveways. 1. The maximum number of vehicles allowed at the vacation home rental shall be limited to one vehicle per one bedroom unit in the rental, but in no case shall the number of vehicles exceed the number of available on-site parking spaces. Page 29 of 31  2. The property owner of each vacation home rental shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants' use at all times. 3. Parking of commercial vehicle(s), excluding pickup trucks and vehicles weighing less than 10,000 pounds gross vehicle weight, anywhere on a site approved for a vacation home rental, except temporarily for durations of less than four hours when actively being loaded or unloaded, is prohibited. F. Animals. Occupants are prohibited from allowing animals under their control to roam freely outside of the vacation rental home at any time. Animals may not be restrained and left unattended outside at any time. All animals under the occupant's control shall be restrained and cared for in a manner consistent with all City and County animal control standards. G. Property Maintenance. 1. The owner/agent shall keep or cause to be kept the vacation home rental property including landscaping in a neat, clean and orderly manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property to its required neat and clean manner, pursuant to the requirements of Chapter 19.146 (Nuisance Abatement). A failure to return the property to a neat, clean, and orderly manner within 30 days of a notice to do so shall be grounds for revocation of the Vacation Home Rental Permit pursuant to Section 19.41.080 (Noncompliance) of this Chapter. 2. In accepting the right to operate a vacation home rental as approved under a Vacation Home Rental Permit, if the property owner fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Chapter 19.146 (Nuisance Abatement). 3. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler. The owner of the short-term rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. 4. All pools and/or spas on-site shall be maintained in a neat, clean and healthy manner at all times. Each and every pool and/or spa shall conform to the requirements of the City's Building & Safety Codes and all applicable codes of the San Bernardino County and the state of California. H. Miscellaneous Conditions. 1. No signage of any type or nature shall be placed upon the site to identify the property as a vacation home rental or to solicit rental of such residence, except as set forth in Section 19.41.065 (Permit Issuance). 2. Any advertisement in any media format shall not identify the street address of the vacation home rental. 19.41.080 - Noncompliance The approval authority may revoke or void any permit for a vacation home rental use for noncompliance with the conditions and standards set forth in this Chapter and pursuant to the procedures established in Section 19.28.160 (Revocation or Modification). A. Violations. The following conduct shall constitute a violation for which the penalties specified in Subsection 19.41.080.B (Penalties) may be imposed, or the permit revoked: 1. The owner/agent has failed to comply with the standard and/or operational conditions specified in Sections 19.41.065 (Permit Issuance) and 19.41.070 (Operating Standards). 2. The owner/agent has failed to comply with conditions imposed by the Director pursuant to the provisions of Section 19.41.065 (Permit Issuance). Page 30 of 31  3. The owner/agent has failed to comply and pay any fines imposed pursuant to Section 19.41.080 (Noncompliance) within 30 days of the date of notification. 4. The owner/agent has failed to comply and pay the transient occupancy tax or submit a report as required by Chapter 3.24 of the Municipal Code within the required time limit. B. Penalties. The penalties for violations specified in Subsection 19.41.080.A shall be the responsibility of the owner as follows: 1. For the first violation within any 12-month period, the penalty shall range from a notice of violation to a fine not to exceed $250.00. 2. For a second violation within any 12-month period, the penalty shall range from a notice of violation to a fine not to exceed $500.00. 3. For a third violation within any 12-month period, the penalty shall range from a notice of violation to a fine not to exceed $1,000.00 to revocation of the permit with the provisions of Section 19.28.160 (Revocation or Modification). C. In lieu of revocation or fines as set forth above, the Planning Commission, at its sole discretion, and based upon the severity of the violations proven at an advertised revocation hearing in conformance to Section 19.28.160 (Revocation or Modification), may suspend the Vacation Home Rental Permit and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months. Page 31 of 31