Special Municipal Election - Measure "C"
On February 21, 2018, the Palm Springs City Council adopted Resolution No. 24381, calling and giving notice of the holding of a Special Municipal Election to be held on June 5, 2018, for the submission to the voters a question relating to the prohibition of vacation rental of single family residences in the City. At the same meeting, the City Council authorized its members to write an argument against the proposed ordinance and provided for the filing of rebuttal arguments.
Who submitted the initiative ordinance?
On May 17, 2017, Stephen M. Rose and Walter "Hugh" Vance (Proponents) filed a "Notice of Intent to Circulate Petition" for the purpose of prohibiting the vacation rental of single family residences in the City of Palm Springs.
On November 20, 2017, the Proponents submitted their petitions and the City Clerk's Office caused for an examination of the petitions to ascertain that the petition has been signed by the requisite number of voters. It was determined that the petition contained a total of 4,601 valid signatures, exceeding the requisite amount of 3,786 signatures.
What does the initiative ordinance prohibit?
The following is the City Attorney's Ballot Summary: "Under Chapter 5.25 of the Palm Springs Municipal Code, the term "vacation rental" is generally defined as occupancy for dwelling, lodging, or sleeping purposes without the presence of the Owner for a period of twenty-eight (28) consecutive days or less. Chapter 5.25 of the Code (i) prohibits the vacation rental of apartments, in the City, effective January 1, 2019, (ii) neither prohibits nor allows the vacation rental of condominiums as a separate category of residence, (iii) allows the vacation rental of single family dwellings, subject to certain limitations. This Initiative Measure modifies the definition of "apartment," and creates new definitions of the terms "condominium" and "single family residence." The Initiative Measure maintains the prohibition on the vacation rental of apartments in the City, effective January 1, 2019, permits the vacation rental of condominiums, but amends Chapter 5.25 of the Code to prohibit the vacation rental of single family residences (defined as single family dwelling units located on the property zoned R-1-B, R-1A, R-1-C, R-1-D, R-1AH, or any other R-1 classification) in the City. This new prohibition against vacation rental of all single family residences shall be effective twenty-four (24) months after the Initiative Measure's effective date.
In the event the Initiative Measure is adopted by the voters, the provisions of Chapter 5.25 expressly amended by the Initiative Measure can only be amended or repealed by a vote of the voters of the City at a special or general election."
Initiative Ordinance - Internal Inconsistency related to "Homesharing"
The proposed initiative ordinance contains an inconsistency related to the legality of “homesharing” in single family residences. In “homesharing,” a paying visitor lives in a portion of an owner’s home while the owner also resides in his/her home. Per the initiative ordinance, the definition of “homesharing” is as follows:
Section 5.25.030. Definitions. “Homesharing” means an activity whereby the Owner hosts visitors in the Owner’s home, for compensation, for periods of twenty-eight (28) consecutive days or less, while the Owner lives on-site and in the home, throughout the visitor’s stay.
The inconsistency is that provisions 1 & 2 below indicate that homesharing is illegal, while provision 3 indicates that it is legal.
- "Section 5.25.020(a), Findings. This Ordinance confirms Vacation Rentals and Homesharing as ancillary and secondary uses for privately owned individual multi-family dwelling units, including without limitation Condominiums, and prohibits them for R-1 zoned Single Family and rental Apartment residential property in the City.” (emphasis added in boldface)
- “Section 5.25.075(a), Specific Prohibitions. No person or entity shall offer or provide a Single Family Residence or a rental Apartment, or any portion thereof, for rent for 28 consecutive days or less to any person.” (emphasis added in boldface)
- "Section 5.25.020(c), Findings. Limiting Vacation Rental and Homesharing lodging to privately owned multi-family dwelling units, including without limitation Condominium units subject to the regulations provided in this Chapter and prohibiting Vacation Rental in rental Apartments but allowing Homesharing lodging in R-1 Single Family residences will safeguard, preserve, and protect residential housing stock in the City.” (emphasis added in boldface)
The City Attorney has advised the City Council of this inconsistency. However, the Elections Code requires that the City Council submit the Initiative Measure, without alteration, to the voters.
California Elections Code Section 2000, et al., states that every person at least 18 years of age who qualifies under the California Constitution and complies with the Elections Code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
I own a second home in Palm Springs. Can I vote in the upcoming election?
As mentioned above, a citizen may vote in elections in which he or she resides. California Elections Code Section 349 defines "Residence" for voting purposes means a person's domicile. A domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may only have one domicile.
If you determine that your residence is located within the City's limits and you are at least 18 years of age at the time of the election, you are encouraged to verify your voter registration status and/or register to vote.
Election Dates - 2018
- March 8: Last Day to File Arguments and Impartial Analysis
- March 9-19: Public Examination Period to review Arguments and Impartial Analysis
- March 19: Last Day to File Rebuttal Arguments
- March 20-30: Public Examination Period to review Rebuttal Arguments
- April 26-May 26: Mail County Voter Information Guide and Other Election Materials to Voters
- May 21: Last Day to Register to Vote
- June 5: Election Day
City Council Staff Reports
- January 24, 2018: Certificate of Sufficiency - Initiative Measure on Vacation Rentals (Revised)
- January 24, 2018: Certificate of Sufficiency - Initiative Measure on Vacation Rentals
- February 21, 2018: Submission to the Voters - Initiative Measure on Vacation Rentals (Revised)
- February 21, 2018: Submission to the Voters - Initiative Measure on Vacation Rentals
Argument for & Argument Against & City Attorney Impartial Analysis
- Argument In Favor Of Measure C - Proponents (Posted 03/08/2018, at 6:13 p.m.)
- Argument Against Measure C - City Council (Posted 03/08/2018, at 6:13 p.m.)
- City Attorney's Impartial Analysis (Posted 03/08/2018, at 6:13 p.m.)
- Rebuttal Argument in Favor of Measure C - Proponents
- Rebuttal Argument Against Measure C - Opponents
- February 22, 2018: Notice of Election
- February 22, 2018: Notice Regarding Arguments
- Campaign Filing Schedule for Primarily Formed Committees
- Campaign Filing Schedule for General Purpose Committees
- Statement to be Filed by Authors of Arguments
- Authorization for Another Person to Sign Rebuttal Argument
- Resolution No. 24381: Calling and Giving Notice of a Special Municipal Election
- Resolution No. 24382: Request for Consolidation with the County of Riverside
- Resolution No. 24383: Setting Priorities for Arguments and Impartial Analysis
- Resolution No. 24384: Providing for Rebuttal Arguments
- Resolution No. 24385: Budget Amendment
- January 3, 2018: Certificate of Sufficiency of Initiative Petition
- November 21, 2017: Petition Receipts
- November 20, 2017: Sample Circulated Petition
- June 12, 2017: Affidavit of Publication
- May 30, 2017: Title and Ballot Summary
- May 17, 2017: Notice of Intent to Circulate Petition