HomeMy WebLinkAboutOrd 842V
ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CATHEDRAL CITY, CALIFORNIA,
REPEALING SECTION 3.24.011 [VACATION
RENTAL UNITS] OF CHAPTER 3.24 OF TITLE 3 OF
THE CITY OF CATHEDRAL CITY MUNICIPAL
CODE, REPEALING ORDINANCE NO. 825
IMPOSING A MORATORIUM ON THE
ESTABLISHMENT, PERMITTING AND APPROVAL
OF SHORT TERM VACATION RENTALS, AND
ADOPTING CHAPTER 5.96 OF TITLE 5 OF THE
CITY OF CATHEDRAL CITY MUNICIPAL CODE
REGARDING SHORT TERM VACATION RENTALS
WHEREAS, Cathedral City residents have expressed concerns to the City
Council that existing Short Term Vacation Rental (STVR) regulations are not
being adequately enforced and the proliferation of STVRs is negatively affecting
the quality of life within the City; and
WHEREAS, in response to resident concerns, on June 26, 2019 the City
Council adopted an Urgency Ordinance No. 824 establishing a 45 day
moratorium on new STVR permits; and
WHEREAS, prior to the expiration of the initial 45 day moratorium, on July
24, 2019 City Council adopted Urgency Ordinance No. 825 imposing a new
permanent moratorium with the same conditions and exclusions as the initial
Urgency Ordinance No. 824 remaining in effect until repealed; and
WHEREAS, the city manager appointed a citizen task force, known as the
Short Term Vacation Rental Task Force ("task force"), to study issues related to
STVRs in neighborhoods and develop a set of recommendations to address the
problems identified by residents; and
WHEREAS, the task force has met 10 times since July 2019 to develop
recommendations for the City Council; and
WHEREAS, the City has encouraged public participation regarding this
issue by holding two public meetings and mailing out approximately 2,200
surveys to homes close to licensed STVRs in neighborhoods without common
interest developments; and
WHEREAS, on July 23, 2020, the task force presented a report outlining
recommended amendments to the STVR regulations to the City Council for
discussion and direction; and
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WHEREAS, STVRs are a commercial use of residential dwellings,
generating income based on the short term rental of residential dwellings, and
are akin to other commercial uses such as lodging houses already banned in
residential neighborhoods; and
WHEREAS, City may lawfully prohibit commercial activity in residential
dwellings where such commercial activity is incompatible with the residential
character of neighborhoods; and,
WHEREAS, due to the detrimental impacts identified during the above
public meetings, the general incompatibility with surrounding residential uses,
and the public nuisances created by STVR activity in residential neighborhoods,
the City Council may determine that such uses are subject to immediate
termination; however, the City Council desires to provide a phase out period to
minimize the economic impacts to existing STVR permit holders.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. REPEAL OF SECTION 3.24.011 OF CHAPTER 3.24 OF TITLE 3
OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE.
Section 3.24.011 [Vacation Rental Units] of Chapter 3.24 of Title 3 of the
Cathedral City Municipal Code is hereby repealed. References to "3.24.011" in
Sections 3.24.160, 3.24.180, 3.24.190, 3.24.195, and 3.24.200 of the Cathedral
City Municipal Code are hereby deleted.
SECTION 2. REPEAL OF ORDINANCE NO. 825.
Ordinance No. 825, entitled "AN UNCODIFIED URGENCY ORDINANCE
OF THE CITY COUNCIL OF CATHEDRAL CITY, CALIFORNIA, ESTABLISHING
A MORATORIUM ON THE ISSUANCE OF NEW LICENSES, CERTIFICATES
OR PERMITS FOR SHORT TERM VACATION RENTAL USES IN THE CITY" is
hereby repealed.
SECTION 3. ADOPTION OF CHAPTER 5.96 OF TITLE 5 OF THE CITY OF
CATHEDRAL CITY MUNICIPAL CODE.
Chapter 5.96 [Short Term Vacation Rental Units] of Title 5 the City of
Cathedral City Municipal Code is hereby adopted to read as shown in Exhibit "A".
SECTION 4. OPERATIONAL REQUIREMENTS.
All existing STVR permits and any issued prior to the effective date of this
Ordinance shall come into compliance with the standard operational
requirements and conditions imposed under Section 5.96.050 of Exhibit "A" by no
later than the thirtieth (30th) day following the effective date of this Ordinance.
The standard operational requirements and conditions imposed under Section
5.96.050 of Exhibit "A" shall be applicable to all permits issued or renewed on or
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after the effective date of this Ordinance. The City will post this Ordinance on its
website, will make copies of the Ordinance available at City Hall, and will mail or
email a copy of the Ordinance to all existing STVR permittees prior to the
effective date of the Ordinance. Failure of any permittee to receive a copy of the
Ordinance shall not excuse permittee's failure to comply with the requirements of
the Ordinance. The City reserves the right to amend, modify, repeal, or readopt
the Ordinance, including without limitation the right to discontinue issuance of
new or renewed STVR permits.
SECTION 5. EFFECTIVE DATE.
This ordinance shall be effective 30 days from and after its final passage.
SECTION 6. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, then such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council of
the City of Cathedral City hereby declare they would have adopted this
ordinance, and each section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 7. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be
published within fifteen (15) days after its passage in a newspaper of general
circulation and circulated within the City in accordance with Government Code
Section 36933(a) or, to cause this ordinance to be published in the manner
required by law using the alternative summary and posting procedure authorized
under Government Code Section 39633(c).
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INTRODUCED at the regular meeting of Cathedral City City Council on the 26th
day of August, 2020.
PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City
City Council on the 9th day of September, 2020.
AYES: Councilmembers Lamb, Gutierrez and Carnevale; Mayor
Pro Tem Gregory and Mayor Aguilar
NOES: None
ABSTAIN: None
J hn Aguilar, Mor
ATTEST:
_P %,
Tracey Martinez, City Clerk
APPROVED AS TO FORM:
Eric S. V_ , City Attorney
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EXHIBIT A
TITLE 5 BUSINESS REGULATIONS
Chapter 5.96 Short Term Vacation Rental Units
5.96.010 Purpose.
The purpose of this chapter is to establish regulations for the use of privately
owned residential dwellings as short term vacation rentals (STVR), to ensure the
collection and payment of applicable transient occupancy taxes, and minimize
the negative secondary effects of STVRs on surrounding residential
neighborhoods. This chapter also establishes a method to phase out STVRs
within the City within two years from and after the effective date of ordinance
842, on October 9, 2020, except in (a) common interest developments with
established CC&Rs that do not prohibit STVRs, and (b) home sharing as
permitted under this code. This chapter 5.96 does not provide any owner of
residential property with the right or privilege to violate any private CC&Rs
applicable to the owner's property that may prohibit the use of such owner's
residential property as a STVR or for home sharing as discussed in this chapter.
5.96.020 Definitions.
For purposes of this chapter only, the following words and phrases shall have the
meanings provided below. Terms not expressly defined below shall have the
meaning provided in other applicable sections of the Cathedral City municipal
code. Terms not defined in the municipal code shall have the meaning provided
in a dictionary of the English language of common and current usage.
"Applicable laws, rules and regulations" means any laws, rules,
regulations and codes (whether local, state or federal) pertaining to the use and
occupancy of a privately owned dwelling unit as a short term vacation rental.
"City manager" means that person acting in the capacity of the city
manager of the City of Cathedral City or designee.
"CC&Rs" means all legal documents establishing the declaration of
covenants, conditions, and restrictions, recorded against a property that is part of
a common interest development.
"Coachella valley" means the territory within the boundaries of the cities of
Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert,
Indian Wells, La Quinta, Indio, Coachella, and the unincorporated area of
Riverside County that is within the territorial boundaries of the Palm Springs and
Desert Sands Unified School District, and that portion of the Coachella Valley
Unified School District located within Riverside County, as such boundaries may
be adjusted from time to time as allowed for under the law.
"Common interest development" means a common interest development
subject to the Davis-Stirling Common Interest Development Act, as further
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defined in California Civil Code section 4100, including without limitation
homeowners associations, condominium owner associations and similar
associations formed pursuant to the aforementioned Act.
"Disqualified space" means any publicly owned single family dwelling unit
or multi-family dwelling unit, any dwelling unit subject to recorded affordability
covenants, any privately owned multi-family rental housing, any accessory
dwelling unit built or permitted after January 1, 2020, or any portion of a dwelling
unit rented separately from the main residential dwelling unit, including without
limitation any garage, balcony, patio, yard, outdoor area or amenity, any
recreational vehicle, any tent, space, lot, areas or site in any campsite, park or
other property any commercial or industrial structure, any structure not built for
habitable use, any barn, shed, storage unit, or tree house.
"Home sharing or home share" means a form of short term vacation rental
of a privately owned qualifying residential unit located on property that is the
primary residence of the owner(s), a portion of which is rented occasionally for
occupancy, dwelling, lodging, or sleeping purposes for a period of thirty (30)
consecutive calendar days or less, counting portions of calendar days as full use
days to another person or persons, incidentally to the normal occupancy by the
owner(s), where at least one (1) of the owners occupies the qualifying residential
dwelling, or an accessory dwelling unit located on the same property, for the
duration of the rental contract. Home sharing or home share is not permitted in
any disqualified space. Home sharing or home share does not include the use of
a lodging facility, hotel, motel or a timeshare subject to chapter 9.92 of this code.
Unless expressly provided otherwise, all provisions of this chapter that apply to
short term vacation rentals are applicable to home sharing or home share.
"House trailer" means a trailer designed for human habitation. The term
does not include manufactured housing.
"Local contact person" means the person designated by the owner or the
owner's authorized agent or representative who shall be available twenty-four
(24) hours per day, seven days per week for the purpose of: (1) responding in
person within thirty (30) minutes to complaints regarding the condition, operation,
or conduct of occupants of the short term vacation rental unit; and (2) taking
remedial action to resolve any such complaints. The local contact person must
be a resident of the coachella valley.
"Multi-family rental housing" means any complex, structure or a portion of
a structure zoned, used and/or designated as rental dwellings and that includes
two (2) or more independent dwelling units. This includes, but is not limited to,
duplexes, triplexes, apartments, and townhouses.
"Occupant" means an individual of any age that is present on the property
during the duration of the short term vacation rental contracted stay. Persons
hired by the owner to perform bona fide cleaning, maintenance, landscaping,
construction, repair or similar services on the property will not be considered to
be occupants, provided said persons are solely engaged in activities directly
related to the services for which they were hired. Occupant also includes the
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primary residents of a dwelling who remain on the property during the duration of
a home share.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or
equitable title to the property used for a short term vacation rental.
"Permit" and "Renewal Permit" means a permit that allows the use of a
privately owned residential dwelling as a short term vacation rental pursuant to
the provisions of this chapter, and incorporates by consolidation the transient
occupancy registration permit as required by chapter 3.24.
"Property" means a residential legal lot of record on which a short term
vacation rental is located.
"Recreational vehicle" shall mean a vehicle intended for temporary
occupancy, with or without a motor, including without limitation any automobile,
motorhome, travel trailer, truck campers, camping trailers, park trailers, fifth
wheel trailers, house cars, trailer coaches, slide in or pop up campers, truck
campers, tent trailers and any boat or house boat.
"Responsible person" means an occupant of a short term vacation rental
who is at least twenty-five (25) years of age and who is legally responsible for
ensuring that all occupants of the short term vacation rental comply with all
applicable laws, rules and regulations pertaining to the use and occupancy of the
subject short term vacation rental unit.
"Short term vacation rental or STVR" means any privately owned
qualifying residential dwelling unit or portion thereof, rented for occupancy,
dwelling, lodging, or sleeping purposes for a period of thirty (30) consecutive
calendar days or less, counting portions of calendar days as full use days. A
STVR shall not be and is not permitted for use in any disqualified space. A STVR
does not include the use of a lodging facility, hotel, motel or a timeshare subject
to chapter 9.92 of this code.
"Qualifying residential dwelling unit" means a residential dwelling unit that
is not a disqualified space and that may be, including without limitation, any
single family detached dwelling unit, any accessory dwelling unit built or
permitted prior to January 1, 2020, any multi-family dwelling unit where the units
are privately owned, including without limitation any duplex, triplex, quadraplex,
or condominium, any mobile home or house trailer on a residential lot or within a
mobile home park, or other similar structure or portion thereof as may be deemed
qualified by the city.
5.96.030 Authorized agents or representatives.
An owner may authorize an agent or a representative to comply with the
requirements of this chapter on behalf of the owner. However, the owner shall
not be relieved from any personal responsibility for noncompliance with any
applicable law, rule or regulation pertaining to the use and occupancy of the
subject short term vacation rental unit, regardless of whether such
noncompliance was committed by the owner's authorized agent or representative
or the occupants of the owner's short term vacation rental unit.
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5.96.035 Permits required for short term vacation rental units; termination
of short term vacation rentals; exceptions.
A. All Permits. No person shall use any qualifying residential dwelling unit for
a short term vacation rental without a valid permit issued pursuant to this
chapter.
B. New Permits. Upon the effective date of Ordinance No. 842, no person or
entity shall be issued a permit for a short term vacation rental, except for a
new permit (1) to conduct home sharing in any qualifying residential
dwelling unit, or (2) to operate a short term vacation rental in a qualifying
residential dwelling unit within a common interest development as
permitted under this chapter.
C. Renewal Permits. Upon the effective date of Ordinance No. 842, no
person or entity shall be issued a renewal permit for a short term vacation
rental that will be valid beyond January 1 , 2023 except for a renewal
permit (1) to conduct home sharing in any qualifying residential dwelling
unit, or (2) to operate a short term vacation rental in a qualifying residential
dwelling unit within a common interest development as permitted under
this chapter.
D. Termination of Existing Permits. Effective on January 1, 2023, the use of
any property for a short term vacation rental shall be prohibited, and no
person shall advertise, offer to rent, or rent property for a short term
vacation rental, unless expressly excepted above.
5.96.040 Short term vacation rental / home share permit required—
application and fee.
A. The owner is required to submit an application, signed by the owner, and
obtain a permit from the city, pursuant to the provisions of this section,
before renting any short term vacation rental unit or home share unit. The
owner may authorize an agent or representative to process the
application.
B. The permit must be renewed annually to remain valid. An invalid permit is
equivalent to not having a permit. A permit shall not be renewed if there
are unresolved city code compliance cases, outstanding city fines or fees,
or city liens on the property.
C. Failure to obtain an initial permit or renewal permit before renting and/or
advertising the short term vacation rental shall result in fines, penalties
and other remedies as provided in this chapter, including but not limited to
future denial.
D. If a renewal application is not submitted and the fees not paid by the
expiration of the existing permit, the owner shall have thirty days to come
into compliance with all provisions in this chapter.
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E. The owner must submit the following information on a permit application
form provided by the city:
1. Identify whether the permit is for a short term vacation rental or a
home share.
2. The name, address, and telephone number of the owner of the
subject short term vacation rental unit;
3. The name, address, and telephone number of the owner's
authorized agent or representative, if any;
4. The name, address, and telephone number of the local contact
person available twenty four hours a day;
5. The address of the proposed short term vacation rental unit;
6. The number of bedrooms and the applicable occupancy limit of the
proposed short term vacation rental;
7. Photo of the front of the short term vacation rental unit sufficient to
allow city to visually identify the unit, the minimum size of which will
be 4" x 5"; and
8. Such other information as the city manager or designee deems
reasonably necessary to administer this chapter.
F. In addition to the requirements of subsection E above, for properties
located in any area governed by a common interest development, the
owner or the owner's authorized agent or representative must submit a
letter from the association's governing board stating that the CC&Rs and
rules and regulations of the common interest development do not prohibit
short term vacation rentals to operate within the common interest
development and on the subject qualifying residential unit.
G. The permit application and any associated business licenses shall include
an affidavit signed by the owner under penalty of perjury stating that all the
information in the application is correct and that the owner maintains full
responsibility that the short term vacation rental shall be advertised,
rented, operated and maintained in compliance with this chapter and all
other relevant municipal codes.
H. The owner must provide proof of commercial insurance that covers the
rental of the property as a short term vacation rental with limits as may be
established by the city manager and amended from time to time. Proof of
insurance shall be provided at the time of both initial and renewal permit
issuance and shall remain in effect for the duration of the annual permit.
Failure to maintain commercial property insurance shall result in
suspension of the permit.
Each application shall contain an executed indemnification and hold
harmless agreement in a form approved by the city attorney agreeing to
indemnify, hold harmless and defend the city, the city council of the city,
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individually and collectively, and the city representatives, officers, officials,
employees, agents and volunteers from any and all claims, demands,
damages, fines, obligations, suits, judgments, penalties, causes of action,
losses, liabilities, or costs at any time received, incurred or accrued as a
result of, or arising out of owner's or authorized agents or representative
or local contact person's actions or inaction in the operation, occupancy
use and/or maintenance of the property.
J. The permit application shall be accompanied by an application and
registration fee in an amount established by city council resolution from
time to time.
K. The permit application shall be accompanied by a consent to inspection
form signed by the owner of the property by which the owner agrees and
consents to a health and safety inspection. The city shall conduct a health
and safety inspection of the proposed short term vacation rental unit prior
to issuing a new permit and prior to issuing any renewal permit. A health
and safety inspection shall include verification of the number of bedrooms
that were originally permitted and authorized under the original certificate
of occupancy for the unit on the qualifying residential dwelling unit. The
city shall also verify that no space has been converted into a bedroom or
living space without all required permits.
L. No initial or renewal permit shall be issued if the property to be used for
short term vacation rentals does not have functioning smoke and carbon
monoxide detectors, HVAC, electricity or plumbing, the structure has been
substantially modified in any way that required a building permit from the
city and a permit was not obtained, or the city determines that any other
conditions are present on the property that would present a substantial
threat to the health, safety or welfare of guests.
M. If the short term vacation rental has a privately owned pool or spa, the city
inspector shall confirm that the pool or spa:
1. Was built in compliance with a valid city issued permit; and
2. Is currently operating safely in compliance with all applicable
statutes, codes, rules and regulations.
N. A permit application shall be denied if the city determines any of the
following grounds for denial exist:
1. If, at the time the permit application is being submitted, the city has
commenced any code compliance proceedings against the owner
with respect to any building, structure, use or land use in the city.
2. If the owner has had a prior permit suspended or revoked or has
been cited for violating any provision of the code for any short term
vacation rental property in the city within the past twelve (12)
months.
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3. If the owner is delinquent in the payment of any outstanding fees,
assessments or taxes owed to the city related to any property
located in the city that is owned by the owner or is not current in
submitting any monthly transient occupancy tax return forms due to
the city.
4. If there is credible evidence that any governing documents,
including CC&Rs, of a common interest development, or the rules
or regulations enacted by the association governing the common
interest development, prohibit the use of a property for short term
vacation rental purposes.
5. If the short term vacation rental or home sharing is to be conducted
on a property where such use is prohibited under section
5.96.050(Q).
6. If the owner fails to provide any of the required application
information described in this section.
0. Subject to the restrictions on new permits in section 5.96.035(B) within
fourteen (14) days of a change of property ownership, change of owner's
agent or representative, or any other change in material facts pertaining to
the information contained in the permit application, the owner or owner's
authorized agent or representative shall submit an application and
requisite application fee for a new permit, which must be obtained prior to
continuing to rent the subject property as a short term vacation rental.
Changes to the owner's mailing and email addresses and changes of the
local contact person may be done by email to the city in a format required
by the city and shall not require an application for a new permit.
P. If the short term vacation rental is sold, otherwise disposed of, or after an
event that results in the property no longer in use as a short term vacation
rental, the owner of his or her agent or representative shall within seven
(7) days cancel the permit and delete any and all advertisements of the
STVR.
Q. Any newly constructed dwelling applying for a permit must be
accompanied by a completed and approved certificate of occupancy.
R. Within thirty (30) days of the issuance of a new permit or renewal permit,
the city shall mail a notice to all residences within three hundred (300) feet
of the STVR notifying the residents that a permit has been issued and
providing information regarding how to lodge complaints regarding the
STVR, if any.
S. Permits are subject to any further changes to this chapter as may be
enacted by the city council from time to time.
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5.96.050 Standard operational requirements and conditions.
A. The owner and/or owner's authorized agent or representative shall use
reasonably prudent business practices to ensure the property used for
short term vacation rental is used in a manner that complies with all
applicable laws, rules and regulations pertaining to the use and occupancy
of the subject short term vacation rental unit, and shall further use
reasonably prudent business practices to ensure the occupants of the
short term vacation rental do not create noise in violation of municipal
code chapter 11.96 or other disturbances, engage in disorderly conduct,
or violate any applicable law, rule or regulation pertaining to the use and
occupancy of the subject short term vacation rental.
B. Upon notification that the responsible person and/or any occupant and/or
guest of the short term vacation rental has created noise in violation of
municipal code Chapter 11.96 or other disturbances, engaged in
disorderly conduct, or committed violations of any applicable law, rule or
regulation pertaining to the use and occupancy of the subject STVR, the
owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall promptly respond to immediately
halt or prevent a recurrence of such conduct by the responsible person
and/or any occupants. Failure of the owner, the owner's authorized agent
or representative and/or the owner's designated local contact person to
respond to calls or complaints regarding the condition, operation, or
conduct of occupants and/or guests of the short term vacation rental within
the time designated in the city's complaint protocols shall be subject to all
administrative, legal and equitable remedies available to the city.
C. The number of occupants allowed to be present at any short term vacation
rental or home share shall be limited as follows:
Number of Maximum Number
Bedrooms of Occupants
0—Studio 2
1 2
2 4
•
3 6
4 8
5 or more 10
Notwithstanding the foregoing, the occupancy limits may be exceeded if
the owner or authorized representative obtains a special use permit for a
special event pursuant to chapter 9.68 of the city municipal code.
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D. During the period of a short term vacation rental, the owner, the owner's
authorized agent or representative and/or the owner's designated local
contact person shall be available twenty four (24) hours per day, seven (7)
days per week for the purpose of responding within thirty (30) minutes to
complaints regarding the condition, operation, or conduct of occupants of
the short term vacation rental. The owner shall also ensure the
responsible person is present at the STVR property during the duration of
the rental period.
E. In addition to the noise standards identified in chapter 11.96 of the code,
no radio receiver, musical instrument, phonograph, compact disk player,
loudspeaker, karaoke machine, sound amplifier, or any machine, device or
equipment that produces or reproduces any sound shall be used outside
or be audible from the outside of any unit used for short term vacation
rental. Any machine, device or equipment that amplifies music inside any
short term vacation rental shall not be heard beyond the property line of
the short term vacation rental at all times.
F. Upon check in, the owner or owner's agent or representative shall:
1. Be present on-site to check in the responsible person. Video check
in is also permitted;
2. Obtain from the responsible person an "Informational Form," as
provided by the city which contains:
a. The name, address and copy of the valid government identification
of the responsible person;
b. A list of the names of all occupants of the STVR; and
c. A list of all vehicle information and license plate numbers of the
responsible person and occupants and guests.
3. Advise the responsible person, verbally and in writing, of the
following:
a. The city's short term vacation rental provisions and regulations (e.g.
music, noise, trash, occupancy limits, parking);
b. The responsible person must be present at the property during the
duration of the STVR rental period; and
c. The good neighbor brochure.
4. Provide the responsible person with the local contact person's
twenty four hour availability information;
5. Require the responsible person sign the "Guest Agreement
Acknowledgement" form as provided by the city. Both the
"Informational Form" and the "Guest Agreement Acknowledgement"
form described above shall be readily available on site during the
time the property is rented for inspection upon request by any city
officer responsible for the enforcement of the short term vacation
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rental laws and regulations or other city employees or contractors
as designated by the city manager, and shall be maintained by the
owner for a minimum of three years; and
6. Ensure a copy of the permit and good neighbor brochure shall be
posted in a conspicuous place within the short term vacation rental
property.
G. Permitted short term vacation rental properties shall have walk up trash
service for trash cans and are further required to have a total of two
regular trash cans and two recycling trash cans. The owner, the owner's
authorized agent or representative shall use reasonably prudent business
practices to ensure compliance with all the provisions of chapter 6.04 and
section 13.80.090 of the city municipal code.
H. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall post a copy of the permit
and a notice in the form required by the city of the applicable regulations in
a conspicuous place within the short term vacation rental.
The owner and/or the owner's authorized agent or representative shall
include the current permit number on or in any advertisement appearing in
any newspaper, magazine, brochure, television trade paper, internet
website, etc., that promotes the availability or existence of a short term
vacation rental unit in a place or location deemed acceptable by the city
manager or designee. In the instance of audio-only advertising of the
same, the permit number shall be read as part of the advertising. The
maximum occupancy of the short term vacation rental unit, as provided for
in subsection 5.96.050(C), shall be clearly identified in any advertisement.
The short term vacation rental number must also be prominently and
legibly included in the first line of the property description text in any
advertisement in the following format: "City of Cathedral City STVR Permit
No." followed by the assigned permit number. Additionally, the following
shall be clearly identified in any advertisement:
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 neighbors privacy and peaceful enjoyment of their
property;
5. The applicable rate of the city's transient occupancy tax; and
6. A photo of the front of the short term vacation rental.
J. Unless otherwise provided in this chapter, the owner of a short term
vacation rental unit and/or the owner's authorized agent or representative
shall be subject to and shall comply with all provisions of chapter 3.24
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concerning transient occupancy taxes, including, but not limited to,
submission of a monthly or alternative return, which shall be filed monthly
even if the short term vacation rental unit was not rented during each such
month. The owner shall maintain for a period of three years records in
such form as the tax administrator may require to determine the amount of
transient occupancy tax owed to the city. The tax administrator shall have
the right to inspect such records at all reasonable times. Such records
shall be maintained at the owner's premises or shall be available for
delivery to the tax administrator within fourteen days after request. If
advertising on an online platform and such platform provides monthly
statement to an owner, the monthly statement shall be attached to the
monthly transient occupancy tax reports.
K. All internet listing sites (e.g. website URLs) and listing numbers associated
with a short term vacation rental shall be submitted within thirty days of
approval of the permit and thereafter with the monthly transient occupancy
tax form due to the city.
L. No fence or wall required by section 9.14.110, 9.16.110, 9.18.110,
9.20.110, 9.22.110, or 9.46.110 or any other provision of title 9 of the city's
municipal code shall be removed, in whole or in part, from the rear or side
yard of any short term vacation rental.
M. Operation of a short term vacation rental includes but is not limited to any
one or more of the following:
1. Advertisement of the property means on any web based
advertising, hosting platform, print media, bulletin, signage, radio,
television or on any other medium for the purposes of promoting
interest in, testing the market for, or soliciting the occupancy of a
property for a period of thirty (30) consecutive days or less.
2. An owner, agent or other representative of the owner has an
interest in rental, exchange, trade, gift, or grant of a guest stay at a
property of less than thirty (30) consecutive days or less.
3. An owner, agent or other representative of the owner interacts with
another party, whether directly or indirectly, through personal or
digital/electronic contact with the intent to provide availability of the
property for occupancy of thirty (30) days or less, or to complete a
rental and/or reservation of the property for future occupancy of
thirty (30) days or less.
N. A maximum of one vehicle per bedroom of the STVR is permitted to park
in the garage and driveway of the STVR or property or on the street.
Vehicle parking in front of any mailbox is prohibited.
O. The minimum duration of a short term vacation rental contract shall be
four (4) days, three (3) nights. Properties used for a home share and short
term vacation rentals in common interest developments are not subject to
this limitation minimum duration requirement.
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P. While present at the short term vacation rental property, should a city
employee or agent ask to see the government issued identification of the
owner or the owner's agent or representative and that individual is unable
or refuses to provide such identification, then a citation will be issued to
the owner. Should a city employee or agent ask to see the government
issued identification of the responsible person and if the individual is
unable or refuses to provide identification, then a citation shall be issued
to the owner. If no one responds or is willing to be identified as the
responsible person, then a violation will be issued to the owner and the
local contact person shall either locate the responsible person or evict the
tenants from the short term vacation rental.
Q. Short term vacation rentals are prohibited in every disqualified space.
R. The lessee of a long term rental property shall not obtain a permit and is
prohibited from using the property as a short term vacation rental. No
person who has rented a short term vacation rental shall sublet such
dwelling unit or any portion thereof to any other person or entity.
S. If a permit is suspended or revoked, all property owners within three
hundred (300) feet of the short term vacation rental property shall be
provided written notice within ten days of such action. If such action is
appealed, all property owners within three hundred (300) feet of the short
term vacation rental property shall be notified of the time, date, and
location of the appeal hearing and shall be afforded the right to testify
during the hearing.
T. All home maintenance and repairs (external and internal), garden and
yard maintenance, and pool cleaning and maintenance shall not be
performed between the hours of 5 p.m. on Friday through 8 a.m. on
Monday, except in the case of an emergency or the occurrence of an
unexpected event that reasonably warrants a timely or immediate
response. Repairs and maintenance shall not be scheduled in advance to
occur during the days and time specified in this subsection.
U. In addition to the noise standards identified in chapter 11.96 of the code,
all 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. is
prohibited. A sign stating these restrictions must be clearly visible near
any such spa/pool or posted on all interior doors leading to the exterior
amenities.
V. All short term vacation rental contracts shall be filed with the city prior to
occupancy or within twenty four (24) hours of execution of the contract of
a short term vacation rental by occupants. The city shall utilize this
information for transient occupancy tax collection and for code compliance
purposes. The exact number of occupants shall be included in the contract
as well as all city municipal code requirements regulating occupancy
limits, noise, outdoor amplified music prohibition, public nuisance, parking,
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trash, and other code requirements related to short term vacation rental
occupancy.
W. The city council shall promulgate, and may amend from time to time,
protocols by resolution setting for the appropriate process for filing
complaints regarding alleged violations of the municipal code occurring at
a short term vacation rental unit or allegedly committed by the owner,
occupants, local contact person, or other person.
5.96.060 Additional or modified operational requirements and conditions.
A. The city manager, or designee, shall have the authority to impose
additional conditions on the use of any given short term vacation rental
unit to ensure that any potential secondary effects unique to the subject
short term vacation rental are avoided or adequately mitigated.
B. The standard conditions set forth herein may be modified by the city
manager, or designee, upon request of the owner or the owner's
authorized agent or representative based on site-specific circumstances
for the purpose of allowing reasonable accommodation of a short term
vacation rental. All requests must be in writing and shall identify how the
strict application of the standard conditions creates an unreasonable
hardship to a property such that, if the requirement is not modified,
reasonable use of the property for a short term vacation rental would not
be allowed. Any hardships identified must relate to physical constraints to
the subject site and shall not be self-induced or economic. Any
modifications of the standard conditions shall not further exacerbate an
already existing problem.
5.96.070 Violations, notices, remedies and penalties.
A. The city council shall establish fines, penalties and other charges for
violation of this chapter by resolution, which may be amended from time to
time.
B. Imposition of additional conditions; suspension and revocation.
1. A violation of any provision of this chapter by any of the occupants,
responsible parties, owner(s) or the owner's authorized agent(s) or
representative(s) shall authorize the city manager, or designee, to
impose additional conditions on the use of any given short term
vacation rental unit to ensure that any potential additional violations
are avoided.
2. A violation of any provision of this chapter by any of the occupants,
responsible parties, owner(s) or the owner's authorized agent(s) or
representative(s) shall constitute grounds for modification,
suspension and/or revocation of the short term vacation rental unit
permit and/or any affiliated licenses or permits pursuant to the
provisions set forth in chapter 13.150. The city may issue a notice
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of violation to any occupant, responsible party, owner(s) or the
owner's authorized agent or representative, pursuant to chapter
13.55, if there is any violation of this section committed, caused or
maintained by the any of the above parties.
C. It shall be unlawful to commit a violation of any term or condition of a
permit, and such violation shall be subject to any enforcement action
available under this code, at law or in equity, without limitation.
D. It shall be unlawful for any person to file any false report regarding the use
or operation of any short term vacation rental unit. A violation of this
section shall not result in a criminal penalty but shall be subject to a fine in
an amount to be established by resolution of the city council.
E. Any person issued an administrative citation under Chapter 13.58 for a
violation of this chapter or for violation of a term or condition of a permit,
for each separate violation, shall be subject to a fine in an amount to be
established by resolution of the city council. Upon a fourth violation within
twelve (12) months at the same short term vacation rental, the city shall
suspend the permit for that STVR for a period of time determined by the
city.
F. Fines or penalties counting as violations are based upon a twelve (12)
month period. Once the prescribed number of violations has been reached
to suspend or repeal a permit, that action shall be taken.
G. It shall be a public nuisance for any person to commit, cause or maintain a
violation of this chapter, which shall be subject to the provisions of chapter
13.90.
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