REVOKE OR SUSPEND? MARCH 21 PLANNING MEEETING DEBATES FATES OF TWO BAD STRs

Two Suspensions for Two Miscreants, plus the City consults with Hipcamp on campgrounds

At the Tuesday, March 21, 2023 City of Twentynine Palms Planning Commission Meeting, the Commission discussed potential revocation of two STR¹ (short-term rental) licenses for two properties, four blocks apart, on Manana Drive.

These two cases Tuesday echo back to a previous potential STR license revocation episode before the very same body. In August 2021 the Commission weighed a recommendation from City staff to revoke two STR licenses held by Allen Teets, for adjacent properties at 6600 and 6612 Indian Cove Road on the heels of multiple noise complaints. Per coverage by the Hi-Desert Star at the time, Teets ended up skating with a $500 fine.

Looking at how these two cases were handled it’s worth bearing in mind that back in May 2022 when the STR ordinance revision ad hoc committee presented its recommendations to City Council, the ad hoc committee suggested that penalties for ordinance violation be completely in the hands of City staff (e.g. the Community Development Director) rather than in the hands of the Planning Commission. But the City Council at that time declined to act on the committee’s recommendation.

Public Hearing #1: Revocation of Vacation Home Rental License VHR22-155 72943 Manana Drive (STR with RV)

First up was potential revocation of VHR (vacation home rental) license VHR 22-155 for a property located at 72943 Manana Drive. The property, owned by Kimberly Phan, had come under scrutiny for violations related to unpermitted and illegal activities on the premises.

Code Enforcement Officer Chris Giunta presented the case to the Commission, explaining that they had received complaints on February 7, 2023, and after an investigation, discovered multiple violations. He stated, "What we're looking at is violations of operating an additional short-term rental, in this case in an RV on the property; operating a VHR out of a structure of the RV that does not meet the City's requirements for a standalone VHR; and living in or staying in a recreational vehicle or motorhome, tent, hut or lean-to without an active permit." Due to these violations, City staff recommended revoking the VHR permit for this home.

Phan, clearly distressed and cradling a baby, apologized for her actions, admitting that she did not follow the policies of the permit. She pleaded for another opportunity to fix the issue, saying, "I would really really greatly appreciate it if I had an opportunity to fix it in any way, and I can even get rid of the trailer if that's something that would help that." She emphasized that the VHR was supporting her family, as they live on the property and rent out individual rooms.

(Presumably this STR operator rents out only one room at a time and doesn’t concurrently rent multiple individual rooms to separate guests, which would likely violate the spirit, if not the letter of the City STR ordinance; but neither City staff nor the Planning Commission took up this question during the hearing.)

Local resident and hotel owner Veno Nathraj spoke in support of Phan, asking the Planning Commission for leniency, saying, “The fact is that the applicant said that she made a mistake, and she lives and rents out rooms from this and she's not an absentee owner. I think we should give her some kind of forgiveness.“

After closing public comment and moving to discussion, the Commission debated whether revoking the VHR license was the appropriate course or if a fine or suspension would be more suitable. Commissioners Jason Dixon and Jim Krushat questioned the rationale behind the potential revocation. Dickson wondered why they had jumped to revocation instead of a warning or fine, although it appears that a warning had been issued. Krushat asked, "Is there an avenue for cease and desist so she says she's gonna stop? I guess it's my question." Community Development Director Keith Gardner responded that City staff viewed revocation as the most appropriate course of action because the activity was illegal.

Commissioner Eileen Leslie expressed concern over the potential financial hardship that a fine could cause the STR owner. She suggested offering the owner a choice between paying the fine or having her license suspended.

The sole Commissioner appearing to support the staff recommendation was Chair Leslie Paahana, who pointed out that the fine for the third violation under Chapter 19 of the City development code would be $2,500. Commissioner Max Walker mentioned that there had been discussions about giving people a one-time grace period for making mistakes, and brought up the possibility of a suspension and fine as an alternative to revocation. But Paahana argued that this case was different since Phan had gone through the permit process for her STR and should have known she could not rent out an RV separately.

Paahana emphasized the severity of the violation, stating, "The violation is that there's basically a secondary [rental]…via the RV. But that isn't permitted. That will be a violation immediately because you are operating without a permit." Paahana’s observation is borne out by precedent. In 2021, a permit application was denied, and the application suspended for one year for operating without a permit.

In the end the Commission voted 4-1 to impose a three-month suspension of this STR operator’s license with Paahana dissenting the relative leniency of the decision.

Public Hearing #2: Revocation of Vacation Home Rental License VHR160 - 73397 Manana Drive (STR with School Bus)

Next up was potential revocation of STR license VHR #160 for a property located at 73397 Manana Drive. Similar to the first case, the Planning Commission voted to suspend rather than revoke singer and actor Ariana Afsar's STR license for three months.

Giunta explained that the VHR permit for the property was issued on July 6, 2021, but complaints were received on February 7, 2023. Afsar was found to be renting out the converted school bus on her property in violation of City regulations, after Giunta received complaints about the bus being advertised on Hipcamp, a platform for booking outdoor stays. Giunta added, "The bus is equipped with an awning and an outdoor kitchen sink area, which are in violation of City regulations."

Afsar took responsibility for the violation, admitting that she should have been more familiar with the regulations. But she blamed her real estate agent — she went on to explain that this agent had informed her that renting an old school bus as an STR was just fine, saying "I feel that I was misled by this information from a trusted source… of course, I needed to have read the information and been more clear about it, and I take full responsibility for that."

Resident Susan Peplow spoke, saying that via the Desert Beacon, she is one of the instructors of the City’s Good Neighbor Class for STR operators. Peplow pointed out that this class reviews in some detail the difference between conforming structures for STR purposes, versus non-conforming structures such as trailers, RVs and yurts, and explains the penalties for offering non-conforming structures as STRs.

Walker came out strongly in favor of requiring this operator to take the Good Neighbor Class in addition to suspending their license.

The Commission again voted 4-1 to impose a three-month suspension of this STR operator’s license plus require her to take the Good Neighbor STR operator training course. Again Paahana voting in dissent was the sole Commissioner supporting stricter penalties.

Public Hearing #3: DCA - Development Impact Fees

The Commission voted to continue this item to a future meeting.

Community Development Director Updates

Community Development Director Keith Gardner outlined the City's plan to address several development concerns in the upcoming months. Among the top priorities is ensuring compliance with state housing requirements while still potentially limiting two-story homes. Gardner stated, "We want to make sure whatever recommendation we bring forth is solid," with an expected timeline of "another month or two."

Additionally, the City is working on its Downtown Specific Plan, with Gardner aiming to present it to the Council by the end of April. Other downtown-related matters, such as circulation elements and garage issues, are planned for discussion between April and May.

Film permits are another area of focus, with Gardner describing it as a "higher urgency" issue that needs clear delineation of permit requirements. Gardner aims to present options for film permits by May 2nd.

Finally, a potential revamp of the City’s campground regulations is being studied, with the City receiving professional feedback from Hipcamp. Gardner acknowledged the complexities, saying, "It's really a balancing act," and said he expects to present findings in June or July.

It’s unclear what prompted staff direction for consulting with Hipcamp on camping regulations. The timing is interesting in light of the San Bernardino County Planning Commission’s recent refusal to confirm a conditional use permit seeking to locate a Glamping resort in residential zoning in Flamingo Heights. That denial is being appealed by the developers. Desert Trumpet will conduct further research on Twentynine Palms’ exploration of campground regulations for a future report.

Note: The original version of this article mistakenly stated that STR Owner Kimberly Phan also received a $2500 fine, which was incorrect. Thanks to commenter Clyde for pointing out this mistake. Correction completed 3/24/23, two hours following publication.

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1. Standard terminology is STR or short-term rental. In its ordinance the City of Twentynine Palms instead uses the term VHR or vacation home rental. In practice the two terms and abbreviations are interchangeable.

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