Mayor Quintanilla opened the appeal hearing.
Development Services Director Cannone narrated a PowerPoint presentation, summarizing the Director's interpretation on whether a living room can be counted as a bedroom for purposes of a short-term rental.
Shaun Murphy, representing the Appellant, shared the Appellant's position that a living room can serve as a bedroom as it is defined as a habitable space, noting the City's regulation is silent on whether guests can sleep in a living room; asserted that the market will determine whether using a living room as a bedroom is appropriate.
Brad Anderson, Rancho Mirage resident, spoke in support of the Appellant and opined that owners should be able to advertise their space however they choose.
Dylan Gunzel, Attorney representing the City, opined that although the City's municipal code is silent on bedrooms, Code Section 15.04.010 and 15.06.010 both adopt wholly the Residential Code and California Building Code, which both define bedrooms for the purposes of construction and plans. He noted the construction plans differ from marketing materials, and the City should rely on official construction plans of record.
Shaun Murphy, representing the Appellant, opined that the marketing materials have created confusion and that a living room is habitable space and should be allowed to be used as a bedroom for short-term rentals.
Mayor Quintanilla closed the appeal hearing, there being no other member of the public wishing to speak.
Councilmember Kelly pointed out to the City Council that they were advised of a separate appeal process regarding the interpretation of using a den as a bedroom; suggested the City Council focus on determining whether a living room can be counted as a bedroom for purposes of a short-term rental; opined that although a living room may constitute habitable space, it does not inherently qualify as a bedroom any more than a kitchen or bathroom, both of which are habitable spaces but cannot be used as bedrooms.
Councilmember Nestande questioned why there is an appeal when the floorplans indicate three bedrooms. In response, Director Cannone clarified that the floorplans included with the appeal letter were for marketing purposes and that the Riverside County Assessor's records show the unit as having two bedrooms and a den; explained that the Building Board of Appeals will consider whether a den may be counted as a bedroom for purposes of a short-term rental under a separate appeal process, noting the Board's decision is subject to appeal to the City Council.
City Attorney Shah confirmed that the question before the City Council is whether a living room can be counted as a bedroom for purposes of a short-term rental.
Mayor Quintanilla opined that guests have an expectation of privacy when renting a hotel room, suite, or short-term rental; stated she does not believe a living room should be counted as a bedroom.