HomeMy WebLinkAbout1927 ORDINANCE NO. 1927
AN INTERIM URGENCY ORDINANCE (EXTENDING
INTERIM URGENCY ORDINANCE NO. 1923) OF THE
CITY OF PALM SPRINGS, CALIFORNIA, 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 and can contribute to the existing
homeless issue in the City. This Ordinance requires that each conversion
will be conditioned upon certain minimum tenant 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. This
interim urgency ordinance extends Interim Urgency Ordinance No. 1923, adopted on
April 5, 2017 and which will expire on May 3, 2017.
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.
Ordinance No. 1927
Page 2
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.
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 (12) 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 (90) days' notice for any eviction,
rent increase, or non-renewal of lease. Tenants who are seniors or persons
with disabilities shall receive no less than One Hundred and Eighty (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 and determines that the adoption of
the instant interim urgency ordinance is not subject to the California Environmental
Quality Act (Public Resources Code Section 21000, et seq.) because the ordinance
does not have the potential to result in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment
and is thus not a "project" as that term is defined in Public Resources Code Section
21065 and Section 15378 of Title 14 of the California Code of Regulations (the "CEQA
Guidelines"). Public Resources Code Section 21065 defines "project" as "an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment." The adoption of this interim
urgency ordinance does not have the potential to result in either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment as the ordinance does not provide for any discretionary land use
entitlements but rather requires each application for certain entitlements to be
conditioned upon the provision of certain tenant relocation assistance components.
Ordinance No. 1927
Page 3
The City Council further finds and determines that if the adoption of this interim
urgency ordinance were considered to be a "project" under CEQA, the adoption of the
interim urgency ordinance would qualify for the "common sense" exemption set forth in
CEQA Guidelines Section 15061(b)(3). CEQA's "Common Sense" Exemption applies
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. (CEQA Guidelines Section
15061(b)(3)) The adoption of the instant interim urgency ordinance would extend
Interim Urgency Ordinance No. 1923 and would not result in a change to the existing
environmental conditions. As indicated above, the interim urgency ordinance does not
provide for any discretionary land use entitlements but rather requires each application
for certain entitlements to be conditioned upon the provision of certain tenant relocation
assistance components. Accordingly, it can be seen with certainty that there is no
possibility that the adoption the instant interim urgency ordinance may have a significant
effect on the environment and is exempt from CEQA review pursuant to CEQA
Guidelines Section 15061(b)(3).
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 often 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
environments 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.
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 relocation assistance. The
impacts on the City, city resources, and the general public include without limitation that
residents displaced as a result of such conversions face high degrees of difficulty or
outright inability to find suitable, affordable, and accessible housing, thereby compelling
such residents to live on the streets, in public places, or in their automobiles,
exacerbating the existing homeless issues in the City and placing further strain on the
minimal resources the City has to deal with its homeless issues.
D. The Council finds the current and immediate problem 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
Ordinance No. 1927
Page 4
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 April 5,
2018 unless otherwise extended by action of the City Council prior to such date.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 3rd DAY OF MAY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
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 Interim Urgency Ordinance No. 1927 is a full, true and correct copy, and was
adopted at a regular meeting of the Palm Springs City Council on the 3`d day of
May 2017, by the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None 4t n
KATHLEEN D. HART, MMC
INTERIM CITY CLERK