HomeMy Public PortalAboutOrd 1174ORDINANCE NO. 1174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, AMENDING CHAPTER 3.25 ("SHORT-TERM RENTALS") OF TITLE 3
("REVENUE AND FINANCE") OF THE RANCHO MIRAGE MUNICIPAL CODE TO
REGULATE THE SHORT-TERM RENTALS
WHEREAS, the City of Rancho Mirage ("City") is recognized as a charter city and
a political subdivision of the State of California for certain purposes; and
WHEREAS, it was held in Ewing v. City of Carmel-by-the-Sea, 234 Cal. App. 3d
1579 (1991) that a city ordinance prohibiting short term (less than 30 days) transient
commercial use of residential property was constitutional, as it was reasonably related to
the governmental interest in maintaining the residential character of the zoned district,
and because the diminution in plaintiffs' ownership rights were outweighed by the public
interest in maintaining residential neighborhoods; and
WHEREAS, while the use of privately-owned residential dwellings as short-term
rentals provides the City with additional transient occupancy tax revenue, there are
various secondary negative effects associated with the use of residential dwellings as
short-term rentals in residential neighborhoods that need to be addressed; and
WHEREAS, Rancho Mirage Municipal Code ("RMMC") Chapter 3.25 ("Short-Term
Rentals") regulates short-term rentals of private property in the City of Rancho Mirage,
whether or not such rentals are for vacation purposes; and
WHEREAS, City staff has been monitoring the complaints, impacts, and feedback
received regarding short-term rentals in residential districts; and
WHEREAS, certain common interest developments within the City previously
have, or in the future may, determine that short-term rentals are a prohibited use within
such community; and
WHEREAS, California Civil Code 4740 generally provides that owners of a
separate interest in a common interest development shall not be subject to a provision in
a governing document that prohibits the rental or leasing of any of the separate interests
in that common interest development to a renter, lessee, or tenant, where certain criteria
are met; and
WHEREAS, California Civil Code 4740 relates to private rights of owners of a
separate interest in a common interest development and does not in any way limit or
restrict the authority of a city to regulate short-term rentals under its police power; and
WHEREAS, staff recommends that to preserve the public health, safety, welfare
and character in said common interest developments where such common interest
developments have independently determined that short-term rentals are not a permitted
use of property, property owners shall not be granted short-term rental certificates,
regardless of any exemption from such restriction under applicable law, including without
limitation California Civil Code Section 4740, to preserve the character, public health,
safety and welfare in said neighborhoods; and
WHEREAS, while short-term rentals in public neighborhoods presently make up
only 45% of the short-term rental inventory, they constitute a majority of complaints; and
WHEREAS, staff further recommends that to better control the number and density
of short-term rentals in the City and their impacts on the City, short-term rental units in
residential neighborhoods outside of common interest developments should be restricted
to preserve the public health, safety, welfare, and character in said neighborhoods; and
WHEREAS, the City desires to amend Chapter 3.25, eliminating the issuance of
short-term rental certificates for properties outside of common interest developments; and
within common interest developments where such neighborhoods prohibit short-term
rentals; and
WHEREAS, the City further desires to amend Chapter 3.25, making certain
administrative revisions, to clarify and standardize the procedures for the issuance of
short-term rental certificates.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully
set forth herein.
Section 2. AMENDMENT TO CHAPTER 3.25 ("SHORT-TERM RENTALS")
OF TITLE 3 ("REVENUE AND FINANCE") OF THE RANCHO
MIRAGE MUNICIPAL CODE
Chapter 3.25 ("Short-Term Rentals") of Title 3 ("Revenue and Finance") of the
Rancho Mirage Municipal Code is hereby amended as follows:
Chapter 3.25
SHORT-TERM RENTALS
3.25.010 Title.
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This chapter shall be referred to as the "Short-Term Rental Ordinance."
3.25.010 Applicability.
A. Only eligible properties This chapter shall apply only to privately
owned single family resic:Jential dwellings and condominiums, as defined in this
chapter, may be used for short-term rental purposes as set forth in this chapter.
Detached accessory dwelling units, including guesthouses and casitas, may be permitted
for use for short-term rental purposes, only if the subject accessory dwelling unit and the
primary residential unit are both rented at the same time by same responsible person.
The accessory dwelling unit may only be rented as a standalone unit while the owner is
occupying the primary residence, for terms longer than thirty days.
B. Any person who rents or leases an eligible property a single family
resic:Jential cwt-elling or condominium, as defined in this chapter, shall not be permitted
to use said dwelling for short-term rental purposes as set forth in this chapter, without the
owner's express permission.
C. Multifamily rental housing as defined in this chapter, shall not be used for
short-term rental purposes as set forth in this chapter.
D. Publicly owned single-family residential dwellings, condominiums,
multifamily rental housing and those dwellings that are subject to affordable housing
covenants imposed or required by the city or any of its affiliated agencies, including, but
not limited to, the Rancho Mirage Housing Authority, shall not be used for short-term
rental purposes as set forth in this chapter.
E. Ineligible properties, as defined in this chapter, shall not be used for
short-term rental purposes as set forth in this chapter. Mobile homes, as c:Jefined
in this coc:Je, 11mich are situated on leased space within a mobile home park, as
c:Jefined in this coc:Je, shall not be used for short term rental purposes as set forth
in this chapter, unless permitted by the owner of the leased space.
F. Temporary occupancy vehicles, also known as recreational vehicles which
include motor homes, travel trailers, truck campers, camping trailers, and park trailers,
fifth-wheel travel trailers, house cars, trailer coaches, slide-in campers, trunk campers,
tent trailers, with or without a motor, shall not be used for short-term rental purposes, as
set forth in this chapter.
3.25.020 Purpose.
A. The purpose of this chapter is to establish regulations for the use of eligible
privately owned single-family residential dwellings and condominiums as short-term
rentals that ensures the collection and payment of transient occupancy taxes and
minimizes the negative secondary effects of such use on surrounding residential
neighborhoods.
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B. This chapter is not intended to regulate hotels, as defined in Section
3.24.020 of Chapter 3.24 of the municipal code that do not qualify as short-term rentals
as defined in Section 3.25 .030.
C. This chapter is not intended to provide any owner of an a eligible single-
family residential dwelling or condominium with the right or privilege to violate any private
conditions, covenants and restrictions applicable to the owner's single-family residential
dwelling or condominium that may prohibit the use of such owner's single-family
residential dwelling or condominium for short-term rental purposes as defined in this
chapter.
D. This chapter is not intended to provide the owner of an a eligible single-
family residential dwelling or a condominium with a vested right or privilege to use any
such dwelling or the parcel upon which it is situated for short-term rental purposes on an
on-going permanent basis as a permitted land use within any zoning district under Title
17 of this code.
3.25.030 Definitions.
For purposes of this chapter, the following words and phrases shall have the
meaning respectively ascribed to them by this section:
"Advertising" or "advertisement" shall mean the publication of any statements,
phrases, words, photographs, drawings or other images for the purpose of informing any
member of the public of the ability or availability to use a specific dwelling unit for short-
term rental purposes, as described in this chapter. For purposes of this definition,
publication shall include, but not be limited to, verbal, written, printed, electronic, televised
or broadcast set forth or contained in any newspaper, magazine, newsletter, website,
solicitation, handbill, business card, flyer, outdoor advertising display, billboard, cable,
satellite or digital radio or television broadcast, social networking site or any other
electronic and digital media.
"Applicable laws, rules and regulations". means any federal, state and local laws,
rules, and regulations and private governing documents, including, without limitation,
conditions, covenants and restrictions ("CC&Rs") that are valid and enforceable pursuant
to the Davis-Stirling Common Interest Development Act, as set forth in California Civil
Code Section 4000 et seq., pertaining to the use and occupancy of a privately owned
single-family residential dwelling or condominium as a short-term rental.
"Applicant" means the owner of the short-term rental or the owner's authorized
agent or representative.
"Bedroom" means a separate permanent room of at least one hundred square feet
with four walls from floor to ceiling with an access door and a built-in clothes closet.
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"City manager" means that person acting in the capacity of the city manager of the
city of Rancho Mirage or designee.
"Common interest development" means a development subject to the Davis-
Stirling Common Interest Development Act, as further defined in California Civil
Code section 4100, including without limitation homeowners associations,
condominium owner associations and similar associations formed pursuant to the
aforementioned Act.
"Condominium" means an estate in real property consisting of an undivided
interest in common in a portion of a parcel together with a separate interest in space in a
residential dwelling unit.
"District" shall mean the public neighborhood located within a designated
geographic area, as described and depicted in this chapter.
"Eligible property" means any residentially zoned single-family residential
dwelling or condominium not within a district, as defined in this chapter, and within
a common interest development that have any applicable laws, rules or
regulations, as defined in this chapter, that do not effectively prohibit short-term
rentals; or any mobile home, as defined in this code, which is situated on leased
space within a mobile home park, as defined in this code, with the written
permission of the owner of the leased space.
"Good Neighbor Brochure" means a document prepared by the city that
summarizes the general rules of conduct, consideration, and respect, including, without
limitation, provisions of this code and other applicable laws, rules or regulations pertaining
to the use and occupancy of short-term rentals.
Home-sharing" means an arrangement by which two or more unrelated people
share a dwelling, whether for long-term or short-term use.
"Ineligible property" means any property that is not an eligible property as
defined in this chapter. Without limiting the generality of the forgoing, an ineligible
property shall include but not be limited to any property within a common interest
development with valid and enforceable governing documents, including without
limitation, conditions, covenants and restrictions C'CC&Rs"J pursuant to the Davis-
Stirling Common Interest Development Act, as set forth in California Civil Code
Section 4000 et seq., that restrict the use and occupancy of a privately owned
single-family residential dwelling or condominium as a short-term rental,
regardless of any owner exemption from such restriction under applicable law,
including without limitation California Civil Code 47 40.
"Local contact person" means the person designated by the owner or the owner's
authorized agent or representative who shall be available twenty-four hours per day,
seven days per week for the purpose of: (1) responding within forty-five minutes, in
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person, to complaints regarding the condition, operation, or conduct of occupants of the
short-term rental; and (2) taking remedial action to resolve any such complaints.
"Multifamily rental housing" means any complex, structure or a portion of a
structure used and/or designed as rental dwellings for two or more families living
independently of each other. Includes: duplexes, triplexes, fourplexes, apartments (five
or more units under one ownership in a single structure); townhouse development (three
or more attached single-family dwellings where no unit is located over another unit); and
senior citizen multifamily housing .
"Occupant" means any person(s) within the dwelling unit during the rental period.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title
to the subject short-term rental.
"Property" means a residential legal lot of record on which a short-term rental is
located.
"Public neighborhood" means any non -gated neighborhood that is not governed
by CC&Rs, and where the residential parcels abut public streets.
"Responsible person" means an occupant of a short-term rental who is at least
thirty years of age and who shall be legally responsible for ensuring that all occupants of
the short-term rental and/or their guests comply with all applicable laws, rules and
regulations pertaining to the use and occupancy of the subject short-term rental. [Note:
See Harrison v. City of Rancho Mirage, 243 Cal. App . 4th 162 (2015).]
"Short-term rental" means a privately owned single-family residential dwelling or
condominium, rented for a period of twenty-seven consecutive calendar days or less, for
dwelling, lodging, or sleeping or special event purposes, regardless of home-sharing
and/or subletting arrangements. For the purposes of this chapter, non-monetary forms of
compensation shall also qualify a property as a short-term rental.
"Short-term rental certificate" means a certificate that permits the owner of a single-
family residential dwelling or condominium to use the owner's privately owned single-
family dwelling or condominium as a short-term rental pursuant to the provisions of this
chapter, and which incorporates by consolidation a transient occupancy registration
permit (as set forth in Section 3.24 .060 of this code) and a home occupation permit (as
set forth in Chapter 17.44 of this code), respectively.
"Single-family residential dwelling," for purposes of this chapter, means a detached
structure that is permitted as a dwelling unit, including city-permitted accessory dwelling
units, intended for use by a single family that is situated on a single lot or parcel zoned
residential. This shall include a privately-owned mobile home, as defined in this code,
which is located on a space, lot or parcel owned by the same owner of the mobile home.
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"Special event" shall have the same meaning as set forth in Chapter 5.12 of this
code.
"Sublet" means to lease or rent all or part of a leased or rented property.
3.25.040 Authorized agent or representative.
A. An owner may authorize an agent or a representative to comply with the
requirements of this chapter on behalf of the owner. In the event the owner is not the
person applying for the short-term rental certificate, the owner's authorized agent or
representative shall provide a notarized document which acknowledges that the owner
has designated the specific agent or representative as the person authorized to submit
an application, on the owner's behalf, for a short-term rental certificate for a specific
address.
B. Notwithstanding subsection A, the owner shall not be relieved from any
personal responsibility and personal liability for noncompliance with any applicable law,
rule or regulation pertaining to the use and occupancy of the owner's short-term rental,
regardless of whether such noncompliance was committed by the owner's authorized
agent or representative or the occupants of the owner's short-term rental or their guests.
3.25.050 Short-term rental certificate-Required.
A. The owner or the owner's authorized agent or representative is required to
obtain a short-term rental certificate from the city, pursuant to the provisions of this
chapter, before renting or advertising any eligible property priv-ately owned-residential
dwelling to any transient for a period of twenty-seven consecutive calendar days or less,
for short-term rental purposes.
B. A short-term rental certificate must be renewed on an annual basis in order
to remain valid. Payment of the application fee for the renewal of a short-term rental
certificate must be remitted on an annual basis in order for the renewed short-term rental
certificate to be valid. Payment of the renewal application fee and annual regulatory
permit charge established by resolution of the city council shall be paid before a renewal
certificate may be approved and before the subject property may be subsequently rented
for short-term rental purposes.
C. If a short-term rental certificate is not renewed prior to its expiration date, it
shall expire automatically. Under such conditions, the owner or the owner's authorized
agent or representative shall be required to apply for and obtain a new short-term rental
certificate and business license for the subject dwelling, subject to the rules and
regulations in effect at the time an application is submitted for a new short-term rental
certificate. Any property that previously obtained a short-term rental certificate that
was valid at the effective date of this ordinance, but is now considered to be an
ineligible property, as defined in this chapter, shall not be permitted to renew or
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apply for a new short-term rental certificate, regardless of the date their application
was submitted.
D. A short-term rental certificate and business license shall be valid only for
the number of bedrooms in existence at the time the short-term rental certificate and
business license is issued. The number of bedrooms shall be determined from the
Assessor's property information records on file with the Riverside County Assessor-
County Clerk-Recorder's Office. If the number of bedrooms cannot be determined by
the Assessor's records, a property inspection conducted by the city shall be required to
determine the actual number of bedrooms that are contained in the subject dwelling. Each
bedroom that does not meet all applicable requirements under federal, state and city
codes, including, but not limited to, the provisions of Title 15 of this code, shall be
excluded from the number of bedrooms in an application for short-term rental certificate.
A short-term rental certificate shall not authorize the use of any bedrooms in excess of
those identified in the short-term rental certificate and business license. If additional
bedrooms are added to the subject dwelling, a new short-term rental certificate shall be
required to include any additional bedrooms that comply with all applicable requirements
under federal, state and city codes, including, but not limited to, the provisions of Title 15
of this code, and which have been duly approved by the proper authorities of the city,
including, without limitation, the city's building and safety division.
3.25.060 Short-term rental certificate-Application.
A. The owner or the owner's authorized agent or representative must submit
the following information on a short-term rental certificate application form provided by
the city:
1. The name, address, and telephone number of the owner of the subject
short-term rental and a current, unredacted color photocopy of a valid and
current government issued identification that shows at a minimum: the name
of the owner, the owner's date of birth, the owner's address, the expiration
date of the identification, and the government identification number.
2. The name, address, and telephone number of the owner's authorized agent
or representative, if any.
3. The name, address, and twenty-four-hour personal mobile telephone
number of the local contact person.
4. The address of the proposed short-term rental.
5. The number of bedrooms and the applicable overnight and daytime
occupancy limit of the proposed short-term rental.
6. A current, signed Short-Term Rental Owner Acknowledgement form
signed by the owner, affirming and acknowledging their understanding and
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agreement with all language provided on the form AGknow-ledgement of
reGeipt and inspeGtion of a Gopy of the Good Neighbor BroGhure.
7. A statement affirming that the owner is not restricted from using the
subject property or any portion thereof as a short-term rental owner is
permitted to use owner's property as a short term rental per applicable private
governing documents-,-including, without limitation, conditions, covenants and
restrictions ("CC&Rs") that are valid and enforceable pursuant to the Davis-Stirling
Common Interest Development Act, as set forth in California Civil Code Section
4000 et seq., regardless of any exemption from such restriction under
applicable law including, without limitation, California Civil Code 47 40.,
pertaining to the use and occupancy of owner's privately owned single family
residential dwelling or condominium as a short term rental.
8. Such other information as the city manager or his or her designee deems
reasonably necessary to administer this chapter.
B. The short-term rental certificate and annual renewal applications shall be
accompanied by proof of payment tendered to the city for the requisite application fee
and annual regulatory permit charge established by resolution of the city council.
C. A short-term rental certificate application may be denied for the following
reasons:
1. If, at the time of the short-term rental certificate application being submitted,
the city has commenced any code compliance proceedings as set forth in Title 14,
Code Compliance and Remedies or Title 15, Buildings and Construction against
the owner with respect to any building, structure, use or land use as each is defined
in Chapter 17.90 of this code.
2. If the applicant has had a prior short-term rental certificate suspended or
revoked or has been cited for violating any provision of the code related to the use
or maintenance of the property of the subject short-term rental, in the prior four
calendar years.
3. If the property has had a prior short-term rental certificate suspended
or revoked, or has been cited for violating any provision of the code related
to the use or maintenance of the property of the subject short-term rental, in
the prior twelve months.
4.-3. If the applicant 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 applicant or is not current in submitting any monthly transient
occupancy tax return forms due to the city pursuant to Section 3.24.070 of this
code.
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5. 4. If there is credible evidence that there are any private governing documents,
including, without limitation, conditions, covenants and restrictions ("CC&Rs") that
are valid and enforceable pursuant to the Davis-Stirling Common Interest
Development Act, as set forth in California Civil Code Section 4000 et seq., which
prohibit restrict the use of such owner's single-family dwelling or condominium for
short-term rental purposes as defined in this chapter, regardless of any
exemption from such governing document's restriction under applicable law
including, without limitation, California Civil Code 47 40.
6. a. If the applicant fails to provide any of the required application information
described in this section.
7. 6. If the subject premises lack adequate onsite parking
8. If the subject property is an ineligible property as defined in this
chapter.
D. Within fourteen 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 short-term rental certificate application, the owner or owner's authorized
agent or representative shall submit an application and requisite application fee and
annual regulatory permit charge established by resolution of the city council for a new
short-term rental certificate, which must be obtained prior to continuing to rent the subject
short-term rental.
E. In addition to being a misdemeanor under Section 9.12.010 of this code, the
submission of false or misleading information in a short-term rental certificate application
shall constitute grounds for summary revocation by the city manager or designee of the
short-term rental certificate approved under said application.
3.25.065 Maximum number and clustering of short term rental certificates 'llithin a
district.
A. The maximum number of short term rental certificates issued 'llithin
any district shall be limited to ten peroent of the total number of legally permitted
single family dwelling units situated within the respectiv-e district.
1. If an applicant had an application f.or a short term rental certificate
clenied due to the maximum clensity restriction, the applicant may request to
be contacted by the city in the ev-ent the district's clensity permits the
issuance of additional short term rental certificates at any time. The city shaU
contact the applicants whose applications were clenied based on clensity in
the order that said application vmre cleemed complete by the city.
8. Regardless of a district's clensity, a short term rental certificate shall not
be issued f.or any property that 'IIOUld authorize a parcel that contains a dvtelling
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that has not been authori2ed for use for short term rental purposes to become
completely surrounded by parcels containing short term rentals.
1. If a non short term rental property abuts t\fl-o properties, only one of the
t\fl-o properties shall be eligible for a short term rental certificate.
2. If a non short term rental property abuts three or more properties, only
t\fl-o of those properties shall be eligible for a short term rental certificate.
3.25.067 Inspections.
A. Every applicant applying for a short-term rental certificate shall provide the
city access to any premises, property or dwelling which is the subject of the application,
and the city shall be permitted to make any inspections as the city may determine is
necessary from time to time throughout the application process. If a short-term rental
certificate is issued, the city shall be permitted access to the subject premises, property
or dwelling in order to determine continued compliance with this chapter and/or any
conditions of approvals set forth in the respective short-term rental certificate.
B. The owner shall pay to the city the actual costs of any inspections not to
exceed the cost of one hour for every inspection conducted pursuant to this chapter.
3.25.070 Operational requirements and standard conditions.
A. The owner and/or owner's authorized agent or representative shall ensure
that the short-term rental is used in a manner that complies with all applicable federal,
state and local laws, rules and regulations and private governing documents, including,
without limitation, conditions, covenants and restrictions ("CC&Rs") that are valid and
enforceable pursuant to the Davis-Stirling Common Interest Development Act, as set forth
in California Civil Code Section 4000 et seq., pertaining to the use and occupancy of the
subject short-term rental.
B. The responsible person(s) shall be at least thirty years of age and an
occupant(s) of the respective short-term rental unit.
C. The total number of occupants (older than three years of age), including the
responsible person(s), allowed to occupy any given short-term rental unit may be within
the ranges set forth in the table below.
Number of Total of Overnight* Total Daytime*** Occupants (Including
Bedrooms Occupants** Number of Overnight Occupants)
0 -Studio 2 8
1 2 8
2 4 8
3 6 12
4 8 16
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I L more I i ~ I ~t ...
* Overnight (10:01 p.m. -6:59 a.m.)
** The number of children three years or younger shall not exceed one-half of the
permitted total number of occupants.
*** Daytime (7:00 a.m. -10:00 p.m.)
****Gatherings of more than 25 people require a Special Event Permit pursuant to Section
5.12 of the Rancho Mirage Municipal Code
D. In all advertisements advertising the availability of a duly permitted short-term
rental unit, the permitted maximum number of overnight occupants shall be fully
disclosed, as set forth in this chapter or in the short-term rental certificate if less than the
maximum number of overnight occupants permitted in this chapter.
E. All internet listing sites and listing numbers associated with a short-term rental
property shall be submitted with the monthly transient occupancy tax return forms due to
the city pursuant to Section 3.24.070 of this code.
F. More daytime occupants may be permitted on any given day of occupancy only
if a special event permit is issued prior to the day of the event pursuant to Chapter 5.12,
Special Event Permits. If there are more than the authorized number of occupants present
on the property, during any time the city determines any violation of this chapter exists,
at said property, the applicable fine shall be doubled.
G. While a short-term rental is rented, the owner, the owner's authorized agent or
representative and/or the owner's designated local contact person shall be available, to
respond in person to the subject property, twenty-four hours per day, seven days per
week for the purpose of responding within forty-five minutes to complaints regarding the
condition, operation, or conduct of occupants of the short-term rental or their guests.
H. Disturbances, Disorderly Conduct, or Violations of Law. The owner,
the owner's authorized agent or representative and/or the ovmer's designated local
contact person shall use reasonably prudent business practices to ensure that the
occupants and/or guests of the short term rental do not create unreasonable noise
or disturbances, engage in disorderly conduct, or violate any applicable law, rule
or regulation pertaining to the use and occupancy of subject short term rental.
1. There shall be no unreasonable noise or disturbances, disorderly
conduct, or violation of any applicable law, rule or regulation pertaining to
the use and occupancy of the property.
2. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall use reasonably prudent
business practices to ensure compliance with subsection (1) above.
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I. 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 short-term rental at any time, unless otherwise permitted by a special event
permit issued by the city pursuant to Chapter 5.12, Special Event Permits.
J. Prior to occupancy of a short-term rental, the owner or the owner's authorized
agent or representative shall: (1) obtain the name, personal mobile phone number,
address, and a copy of a valid government identification of the responsible person; (2)
provide a copy of the Good Neighbor brochure to the responsible person; and (3) require
such responsible person to execute a formal acknowledgement that he or she is legally
responsible for compliance by all occupants of the short-term rental and their guests with
all applicable laws, rules and regulations pertaining to the use and occupancy of the short-
term rental. This information shall be maintained by the owner or the owner's authorized
agent or representative for a period of three years and be made readily available upon
request of any officer of the city responsible for the enforcement of any provision of this
code or any other applicable law, rule or regulation pertaining to the use and occupancy
of short-term rentals.
K. Self-check-in shall be prohibited. Lock boxes shall not be permitted for access.
The owner, the owner's authorized agent or representative, and/or the owner's
designated local contact person shall meet the responsible person at the subject property
to verify identity, provide a copy of the Good Neighbor Brochure and conduct check-in
procedures.
L. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall, upon notification that the responsible person and/or
any occupant and/or guest of the short-term rental has created unreasonable noise or
disturbances, engaged in disorderly conduct, or committed violations of any applicable
law, rule or regulation pertaining to the use and occupancy of the subject short-term
rental, promptly respond in person within 45-minutes in a timely and a-ppropriate
manner to immediately halt or prevent a recurrence of such conduct by the responsible
person and/or any occupants and/or guests. 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 rental in a timely and appropriate manner shall be subject to all
administrative, legal and equitable remedies available to the city.
M. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall report to the city manager, or designee, the name,
violation, date, and time of disturbance of each person involved in three or more disorderly
conduct activities, disturbances or other violations of any applicable law, rule or regulation
pertaining to the use and occupancy of the subject short-term rental.
N. Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the city's authorized waste hauler on scheduled
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trash collection days. The owner, the owner's authorized agent or representative shall
use reasonably prudent business practices to ensure compliance with all the provisions
of Chapter 8.12 (Garbage Collection) of this code.
0 . Due to neighborhood privacy concerns and potential risks of bodily harm,
accidental death and other safety concerns, standing, sitting, sleeping, lying, walking or
running on the roof of any short-term rental is prohibited. Violation of this prohibition shall
result in the immediate removal of all occupants and guests from the subject property.
P. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall post a copy of the short-term rental certificate and
a copy of the Good Neighbor Brochure in a conspicuous place within the short-term rental,
and a copy of the Good Neighbor Brochure shall be provided to each adult occupant of
the subject short-term rental.
Q. The owner and/or the owner's authorized agent or representative shall cause to
be posted the current short-term rental certificate 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 rental in a place
or location deemed acceptable by the city manager or designee. In the instance of audio-
only advertising of the same, the short-term rental certificate number shall be read as part
of the advertising.
R. Unless otherwise provided in this chapter, the owner and/or the owner's
authorized agent or representative shall comply with all provisions of Chapter 3.24 of this
code concerning transient occupancy taxes, including, but not limited to , submission of a
monthly or alternative return in accordance with Section 3.24.070 of Chapter 3.24 of this
code, which shall be filed monthly even if the short-term rental was not rented during each
such month.
S. The city manager, or designee, shall have the authority to impose additional
conditions on the use of any given short-term rental to ensure that any potential secondary
effects unique to the subject short-term rental are avoided or adequately mitigated.
T. 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 use of a
short-term 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 by occupants
or their guests for short-term rental purposes would not be allowed . Any hardships
identified must relate to physical constraints to the subject property and shall not be self-
induced or economic. Any modifications of the standard conditions shall not further
exacerbate an already existing problem.
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U. Before any event or gathering that involves groups that exceed the maximum
number of occupants allowed during the daytime may take place at a property, either the
owner or the owner's authorized agent or representative shall apply, on behalf of the
responsible person and/or occupants, for a special event permit pursuant to the
provisions set forth in Chapter 5.12 of this code, at least thirty days prior to any such
gathering or event, unless otherwise authorized by the city manager or designee. A
special event permit application for a short-term rental event or gathering shall be
accompanied by proof of payment tendered to the city for the requisite special event
permit application fee established by resolution of the city council.
V. No on-site short-term rental advertising shall be permitted in or upon any part of
the real property that contains a short-term rental. This prohibition is necessary due to
safety and security concerns associated with potential burglaries, theft, trespassing, and
other property-related crimes, which may result from on-site advertising of the availability
of a single-family residential dwelling or condominium as a short-term rental that is vacant
and includes valuable personal items, such as, but not limited to, furniture, appliances,
stereo equipment, televisions, etc. for use by prospective occupants or guests of a short-
term rental.
W. For the purpose of effectively enforcing the provisions of this chapter,
any property to which a valid short-term rental certificate is issued, shall always
adhere to the operational and parking requirements of this chapter regardless of
whether the property is occupied by short-term tenants. This includes but is not
limited to, occupancy by the owner, a relative, friend, business associate, neighbor,
hired contractor, etc.
3.25.075 Parking.
A. While a short-term rental is rented, all vehicles which are under the control
of the owner, responsible party, occupants and/or guests must be parked on the premises
or on the private right-of-way of the community where the short-term rental is situated,
on a paved surface,. er in an enclosed garage, or in a carport, befi,l-een the hours of
ten p.m. and eight a.m., unless otherwise permitted by the city pursuant to a duly
approved special event permit.
B. A. The total number of vehicles permitted for any duly approved short-term
rental shall not exceed the total number of bedrooms set forth in the respective short-term
rental certificate, with a maximum of three vehicles in a public neighborhood.
C. & The owner, the owner's authorized agent or representative, or responsible
person shall immediately provide the license plate numbers for all vehicles associated
with a given short-term rental unit to any agent of the city upon request.
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3.25.080 Recordkeeping duties.
The owner or the owner's authorized agent or representative shall maintain for a
period of three years, records in such form as the tax administrator (as defined in Chapter
3.24 of this code) 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, which may be subject to the subpoena by the city council pursuant to
Section 2.02.220 (Subpoena authority) of Chapter 2.02 (City Council) of this code.
3.25.090 Violations-General.
A Additional Conditions. A violation of any provision of this chapter by any of
the occupants, responsible party, owner(s) or the owner's authorized agent or
representative shall authorize the city manager, or designee, to impose additional
conditions on the use of any given short-term rental to ensure that any potential additional
violations are avoided.
B. Permit Modification, Suspension and Revocation. Unless otherwise
provided in this chapter, a violation of any provision of this chapter by any of the
occupants, responsible party, owner(s) or the owner's authorized agent or representative
shall constitute grounds for modification, suspension and/or revocation of the short-term
rental certificate and/or any affiliated licenses or permits pursuant to the provisions set
forth in Chapter 14.170 (Permit and License Suspension, Modification and Revocation
Procedures) of Title 14 of this code.
C. Notice of Violation. The city may issue a notice of violation to any occupant,
responsible party, owner(s) or the owner's authorized agent or representative, pursuant
to Chapter 14.70 (Notice of Violation) of this code, if there is any violation of this chapter
committed, caused or maintained by any of the above parties.
D. Administrative Citation. The city may issue an administrative citation to any
occupant, responsible party, owner(s) or the owner's authorized agent or representative,
pursuant to Chapter 14.80 (Administrative Citation and Appeal Procedures) of this code,
if there is any violation of this chapter committed, caused or maintained by any of the
above parties. Nothing in this section shall preclude the city from also issuing an
administrative citation upon the occurrence of the same offense on a separate day.
Unless otherwise provided herein, any person issued an administrative citation pursuant
to this chapter shall for each separate violation be subject to the following fines: (1) an
administrative fine in an amount not to exceed one thousand dollars for the first citation;
(2) an administrative fine in an amount not to exceed two thousand dollars for a second
citation issued for the same offense within a twelve-month period of the date of the first
offense; and (3) a fine in an amount not to exceed four thousand dollars for a third and
any subsequent citation issued for the same offense within a twelve-month period of the
date of the first offense. Notwithstanding the above, operating a short-term rental without
a validly issued short-term rental certificate in good standing shall be subject to: (1) a fine
in an amount not to exceed five thousand dollars for the first citation; (2) a fine in an
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amount not to exceed ten thousand dollars for a second and any subsequent citation
issued for the same offense within a twelve-month period of the date of the first offense.
E. Infraction. The city may issue an infraction citation to any occupant,
responsible party, owner(s) or the owner's authorized agent or representative, pursuant
to the provisions set forth in Chapter 14.100 (Infraction Violations) of this code, including,
but not limited to, the imposition of any and all criminal penalties set forth therein if there
is any violation of this chapter committed, caused or maintained by any of the above
parties. Nothing in this section shall preclude the city from also issuing an infraction
citation upon the occurrence of the same offense on a separate day. Unless otherwise
provided herein, any person convicted of an infraction shall, for each separate violation
of this chapter be subject to: (1) a fine in an amount not to exceed one thousand dollars
for a first conviction of an offense; (2) a fine in an amount not to exceed two thousand
dollars for a second conviction of the same offense within a twelve-month period of the
date of the first offense; and (3) a fine in an amount not to exceed four thousand dollars
for the third conviction of the same offense within a twelve-month period of the date of the
first offense. The fine for a fourth and subsequent convictions of the same offense within
a twelve-month period of the date of the first offense shall be eight thousand dollars.
Notwithstanding the above, operating a short-term rental without a validly issued short-
term rental certificate in good standing shall be subject to: (1) a fine in an amount not to
exceed five thousand dollars for a first conviction of an offense; (2) a fine in an amount
not to exceed ten thousand dollars for a second and any subsequent conviction of the
same offense within a twelve-month period of the date of the first offense.
F. Public Nuisance. 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 14.120 (Notice of Public Nuisance and Order to Abate and Appeal Procedures)
of this code.
3.25.095 Violations-Special.
A. Not Possessing a Required Special Event Permit. If a complaint regarding
the condition, operation, or conduct of occupants of a short-term rental which constitutes
a violation of this chapter is reported to the owner, the owner's authorized agent or local
contact person, the city's law enforcement agency or the city's code compliance division
that involves an event, activity or conduct that required a special event permit which has
not been obtained or issued, the city may impose a fine of five thousand dollars on any
person who committed, caused or maintained any such violation, including, but not limited
to, any occupant, responsible party, owner(s) or the owner's authorized agent or
representative.
B. Three Strikes Policy. Three or more violations of any provision of this
chapter within a twelve-month period, at any property with a validly issued short-
term rental certificate, shall result in the immediate twelve-month suspension of
the short-term rental certificate with the subsequent ability to have a hearing before
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the city manager, or designee, pursuant to this section, to request lifting of the
suspension.
1.
2.
3.
4.
Appeals shall be filed in writing with the development services
director within ten (10) calendar days, and submitted prior to close of
business, following the date of the suspension. An appeal not timely
filed shall be rejected.
The city manager, or designee, shall convene a meeting within fifteen
(15) calendar days with interested parties before rendering a decision
on the appeal. The meeting shall not require a public notice. The
meeting may be conducted in person, by phone, or by any other
reasonable means.
The city manager, or designee, shall render a written decision on the
appeal within seven m calendar days of the meeting.
If the city manager upholds the suspension of the short-term rental
certificate, the owner or the owner's authorized agent or
representative shall have the right to appeal the decision to the city
council in accordance with the provisions of Section 14.170.260 et
seq. of this code.
C. & +we Three or More Violations. Three or more violations at any given
short-term rental may result in the following:
1. A six month suspension revocation of the subject short term rental
certificate or a six month ban on the rental of the subject short term rental.
1.:. 2. A permanent ban on the rental of the subject short-term rental pursuant to
an order issued by a court of competent jurisdiction.
2. 3. Notification to all record owners of all property within two hundred feet of
the subject short-term rental of any imposed ban.
D. C. Prohibited Short-Term Rental Use. If credible evidence is presented to the
city, after issuance of a short-term rental certificate, that there are private governing
documents, including, without limitation, conditions, covenants and restrictions ("CC&Rs")
that are valid and enforceable pursuant to the Davis-Stirling Common Interest
Development Act, as set forth in California Civil Code Section 4000 et seq., which prohibit
the use of the owner's single-family dwelling or condominium for short-term rental
purposes, as defined in this chapter, regardless of any exemption from such
governing document(s) restriction under applicable law including, without
limitation, California Civil Code 4740, the owner shall have thirty days after being
notified of receipt of such evidence by the city to provide written authorization from the
owner's homeowner association that allows the owner to continue to use the owner's
18
property for short-term rental purposes until expiration of the current short-term rental
certificate. If no such written authorization is provided as set forth herein, the subject
owner's short-term rental certificate shall be summarily revoked.
3.25.097 False claims.
Any person who knowingly reports, submits or files a false claim alleging a violation of
this chapter by the owner or short-term rental guests shall be subject to an administrative
citation and the payment of fines as set forth in Chapter 14.80 of this code.
3.25.100 Requirements not exclusive.
The requirements of this chapter shall be in addition to any license, permit, or fee
required under any other provision of this code.
Section 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed.
Section 6. EFFECTIVE DA TE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 7. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04.031 of the RMMC.
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
19
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published according to law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on November 5, 2020, by the following vote:
AYES: Hobart, Smotrich, Townsend, Weill.
NOES: Kite.
ABSENT: None.
ABSTAIN: None.
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
~ Steven B. uintanilla, City Attorney
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A-ss-~s~-\--C.~½ l:..-lr--~r-....... ,
CITY OF RANCHO MIRAGE
1241. <~>C ~ Dana ~bart, ayor
21
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1174 was introduced by
first reading at a regular meeting of the City Council held on October 15, 2020, by the
following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ordinance No. 1174 was adopted at a regular meeting of the City Council held on
November 5, 2020, by the following vote:
AYES: Hobart, Smotrich, Townsend, Weill.
NOES: Kite.
ABSENT: None.
ABSTAIN: None.
I further certify that I have caused Ordinance No. 1174 to be posted and/or
published, as required by law (GC Sect. 36933).
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~~~~~
Kristie Ramos
City Clerk