A Palm Springs neighbors’ group opposed to short-term vacation rentals lost their final appeal to a 2017 lawsuit challenging the city’s vacation rental ordinance. Protect our Neighborhoods argued for the third time, that the Palm Springs ordinance violated city zoning laws because these rentals are commercial enterprises and not residential units. This case was first brought to court in 2017 and decided against the plaintiffs. It was appealed and decided in Palm Springs Appellate Court in October 2019 also in favor of the City.
On January 7, 2022, the neighbor group once again appealed this decision in California’s 4th District Court of Appeals for the last time. The Court of Appeals upheld the trial court’s verdict.
The lawsuit argued that short-term rentals violate Palm Springs’ zoning code by changing the character of single-family residential zones. It continued, if the Zoning Code allows short-term rentals, then the Code does not allow property owners to rent out properties they do not live in. Also, the Zoning Code requires that owners have a land use permit or a conditional use permit. The District Appeals Court rejected each of these arguments, ruling that Palm Springs’ ordinance was consistent with its zoning regulations.
The City and those not in support of the lawsuit are saying that the money could have been better spent over the past four years. The City has been and continues to face hard issues such as homelessness, housing needs for low income residents and supporting/operating an animal shelter.
Doing my part to add to the peacefulness of the valley. When you have any questions or are ready to make a move please contact me. I am Stephen Burchard, The Desert Bowtie Realtor, taking the (k)nots out of real estate.