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HomeMy WebLinkAbout1923 ORDINANCE NO. 1923 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS. (4/5T"s Vote Required). City Attorney Summary The City receives, reviews, and approves various applications involving the conversion of rental multi-family housing to condominiums, hotels, or other uses. Such conversions result in the displacement of the occupants and residents of the rental multi-family housing. The Council finds that such displacement creates hardship and costly relocation expenses for these occupants and residents. This Ordinance requires that each conversion will be conditioned upon certain tenant minimum relocation assistance to ensure an orderly, fair, and reasonable opportunity for displaced occupants and residents to find and relocate to suitable replacement housing. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. This interim urgency ordinance provides an interim set of regulations to protect occupants and residents displaced by the conversion of multi-family housing units by requiring the provision of minimum relocation assistance to ensure an orderly, fair, and reasonable opportunity to find and relocate to suitable replacement housing. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Each application for any entitlement for the conversion of any rental multi-family housing unit or units to any use other than rental multi-family housing, shall be conditioned upon the provision of the tenant assistance components described in Section 2 of this Ordinance, subject to the conditions provided. Except as otherwise provided in section 3 of this Ordinance, each tenant assistance component specified herein shall be provided to each tenant residing in the property subject to the conversion at the time the application is submitted and for each tenant who resided therein during the period one year immediately prior to the application. SECTION 2. The following are the required tenant assistance components to be imposed as a condition of any conversion: A. An amount equal to three months' rent paid by the tenant, plus one additional month for each year over three years the tenant resided in the unit. Ordinance No. 1923 Page 2 B. During the pendency of the application, the year immediately prior to the date of the application, and the period of time between approval of an application for conversion and the date the tenant is required to vacate consistent with the provisions of this Ordinance, no tenant shall be required to vacate the premises unless the tenant is afforded the rights and benefits provided in this Ordinance. C. During the period identified in Subsection B of this Ordinance, rent shall not be increased more than once every twelve months in an amount that does not exceed an amount equal to the cost of living for such twelve month period as determined by the City Manager or the City Manager's designee. D. Each tenant shall receive at least ninety days' notice for any eviction, rent increase, or non-renewal of lease. Tenants who are seniors or persons with disabilities shall receive no less that 180 days' notice for any eviction, rent increase, or non-renewal of lease. E. At the time the application is submitted, and before the application will be accepted as complete, the City shall be provided (1) a list of the names of all tenants covered under the terms of this Ordinance under Subsection B above and their addresses and relevant contact information, and (2) documentation acceptable to the City Manager that each tenant received a letter that adequately describes and explains the rights provided under the provisions of this Ordinance. The City shall also be notified of each eviction, rent increase, or non- renewal of lease within 10 days of such notice to any tenant under Subsection C above. SECTION 3. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant effect on the environment. This Ordinance is therefore exempt from environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. SECTION 4. Findings. A. The City is a charter city and this urgency ordinance is adopted pursuant to Section 312 of the Charter of the City of Palm Springs. B. Apartments are multi-family residential rental properties that provide affordable housing for residents. Although the City provides a minimum amount of tenant protection when apartments are converted to condominiums, the City Council finds that these minimums are not sufficient in the current economic and housing environment nor do these protections apply to all situations involving the conversion of apartments from multi-family rental housing to other alternative uses, including without limitation hotels. Ordinance No. 1923 Page 3 C. Aspects of the public peace, health, and safety are not adequately protected due to lack of regulation for evictions from apartments without cause displacing residents with minimum notice and little if any relocations assistance. D. The Council finds the current and immediate constitutes a threat to the public peace, health, and safety of the City's residents due to the adverse impacts that result from no cause evictions and displacement of City residents with minimum, insufficient notice and inadequate relocation assistance, if any. E. The City Council declares this emergency measure is necessary to preserve the public peace, health, and safety and that this Ordinance is necessary to prevent further evictions of tenants without cause, sufficient notice, and adequate relocation assistance. SECTION 5. Effective Date. The City Council hereby declares, on the basis of the findings set forth in the Ordinance that an urgency ordinance is warranted and that this Ordinance is necessary to preserve the public peace, health and safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall take effect and be in force immediately upon its adoption. This Ordinance shall expire on May 3, 2017, unless otherwise extended by action of the City Council prior to such date. PASSED, APPROVED AND ADOPT ALM SPRINGS CITY COUNCIL THIS 5" DAY OF APRIL, 2017. ROBERT MOON, O ATTEST::ES KATHLEEN D. HART, MMC INTERIM CITY CLERK 1` A \n Ordinance No. 1923 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Urgency Ordinance No. 1923 is a full, true and correct copy, and was adopted at a regular meeting of the City Council held on the 5th day of April, 2017, by the following vote: AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: Councilmember Mills ABSENT: None ABSTAIN: None RECUSED: None q� I KA HLEEN D. HART, MMC INTERIM CITY CLERK