REVISED STVHR ORDINANCE LANDS AT CITY COUNCIL MAY 10 — HERE’S WHAT’S CHANGED
Increased fines, removal of inactive permits and a cap highlight proposed changes
Screen shot of interactive STVHR map published by 29 Palms Neighbors
Update, May 11, 2022: 29 Palms City Council voted for limits on STVHRs at their May 10 meeting, see this news brief for details.
The revised STVHR ordinance has landed at the 29 Palms City Council and will be presented at a public hearing on Tuesday, May 10.
It’s been almost nine months since the 29 Palms City Council voted against a temporary moratorium on short term vacation home rentals. Since then an Ad Hoc Committee comprised of Planning Commissioners Jim Krushat and Max Walker. City Council members Steven Bilderain and Daniel Mintz, and community members Cindy Bernard, Travis Fowler and Jim Thornburg was formed to suggest revisions to the outdated 2015 ordinance. The Committee met nine times from September 2021 to January 2022 voting unanimously to send an updated draft to the Planning Commission for review.
To voice your thoughts on this crucial City wide issue, attend the May 10 meeting or write City Council and cc the City Clerk, requesting that your comments be read into the record during the 6pm hearing.
The Planning Commission met twice, but Commissioners Leslie Paahana and Jason Dickson were absent at the April 5 hearing, rendering the 2-1 vote to accept their changes moot. Despite the “no-action” vote City Manager Frank Luckino opted to move the Planning Commission recommendations forward to Council. These recommendations failed to include the limit on the number of permits a person/entity could own that was voted through by the Committee. After community pushback, Luckino added the Committee version of the ordinance to the Council package for the May 10 meeting.
Unless the Council accepts the Planning Commission version as is on May 10, there will be a second Council meeting to review revisions and vote. The revised ordinance becomes law 30 days after the Council vote.
To voice your thoughts on this crucial City wide issue, attend the May 10 meeting or write City Council and cc the City Clerk, requesting that your comments be read into the record during the 6pm hearing.
Our review of the major changes to the ordinance under consideration:
Cap on the total number of permits allowed: Vacation Home Rental Ownership shall not exceed a yet to be determined percentage of detached single family residences (SFR). As of April there are 254 permitted/licensed STVHRs and 130 permits pending and approximately 5800 SFR. If all permits pass review, that would be 6.6% of the SFR in 29 Palms. Planning Commission recommended a 12% limit which would be 696 permitted/licensed STVHRs based on current SFR.
Cap on the number of permits each person can own (based on financial interest): This recommendation was put forward by the Committee but the Planning Commission was divided. It’s in the Committee document, but not in the Planning Commission document and no number was set. Council will need to discuss this on the 10th.
Inactive STVHRs lose their permits: A Vacation Home Rental Unit that is inactive for twelve (12) months or longer shall be withdrawn from the City’s list of permitted VHRs and not counted towards the cap. Only one day of rental per year is required to stay active.
Increased fines for operating without a permit: A compromise was reached in order to substantially increase these fines — instead of being fined at the first violation, the owner is warned. The owner is then fined $2,500 for the second violation, $5,000 for the third violation and $5,000 per day if rental operations do not cease.
This is an increase from graduated fines in a 12 month period: $250, $500, $1,000.
Definitions for different categories of violation and increased fines:
Procedural and Minor Nuisance Violations: Violations of the City’s rules and regulations that don’t typically disturb or endanger the public at large: improper placement of notification signage, trash cans left along the roadside after the required removal time, unattended pets, and an excessive number of vehicles parked on site.
First violation within 12 months - $100; Second violation within 12 months - $200; Third violation within 12 months - $500
Violations not subject o revocation of permit
Disturbance and Safety Violations: Violations that endanger the vacation occupants, the surrounding area and residents or create unreasonable noise or disturbances: loud parties, disorderly conduct, overcrowding, the use of illegal drugs, unattended fires, fireworks, or illegal vehicle parking in a manner that constricts the roadway.
First violation within 12 months - $500; Second violation within 12 months - $1,000; Third violation within 12 months - $2,000
These are increased from $250, $500, $1,000.
Or if the violations are severe and frequent, the Community Development Director may suspect the license for up to one year.
Safety and compliance inspections at three year intervals
Requirement for a noise mitigation plan, although this is toothless — it consists of a sign inside the STVHR and a good neighbor brochure, which isn’t subject to City review.
Requirement to take a City certified class on “how to be a responsible Vacation Home Rental Host”
What didn’t make it into the draft revised ordinance:
Limits to address clustering or density, such as residents being surrounded on three sides by STVHRs
Adding the VHR hotline number to the signs posted at STVHRs
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