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HomeMy WebLinkAbout5/3/2017 - STAFF REPORTS - 2.A. iQt p A L M S,0 c V N a : ♦ � eF °�ouno ``R° CITY COUNCIL STAFF REPORT DATE: MAY 3, 2017 HEARING SUBJECT: ADOPTION OF AN INTERIM URGENCY ORDINANCE (EXTENDING INTERIM 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 TO APRIL 5, 2018 AND MAKING APPROPRIATE FINDINGS UNDER CEQA (4/5THS Vote Required). FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The City Council adopted Urgency Ordinance No. 1923 on April 5, 2017. Ordinance No. 1923, which expires on May 3, 2017, established interim regulations for the imposition of certain tenant relocation and protection as a condition of approval of discretionary land use entitlements by the City of Palm Springs. The proposed Interim Urgency Ordinance would essentially extend these protections to April 5, 2018. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Waive reading of the full text and adopt an interim urgency ordinance: ADDOPTION OF INTERIM URGENCY ORDINANCE NO. "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 1923 OF THE CITY COUNCIL, 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. (4/5THS Vote Required)." 117W NO. A May 3, 2017 Page 2 Interim Urgency Ordinance re Tenant Relocation DISCUSSION In approving the initial urgency ordinance on April 5, 2017, the Council determined that Interim Urgency Ordinance No. 1923 would only be in effect through May 3, 2017, the Council's first meeting in May of 2017. However, the Council also indicated that it would consider adoption of a longer term urgency ordinance after the public was afforded a reasonable opportunity to review and comment on the urgency ordinance. A hearing on the proposed ordinance was calendared for May 3, 2017 and a notice of the hearing was prepared and posted. A copy of the notice is attached to this Staff Report. The current interim urgency ordinance expires on May 3, 2017; the proposed Interim Urgency Ordinance would extend that period to April 5, 2018. The City receives, reviews, and approves various applications involving the conversion of multi-family rental housing to condominiums, hotels, or other uses. These conversions result in the displacement of the occupants and residents of the rental multi-family housing. The Council has expressed concerns that such displacement creates hardship and costly relocation expenses for these occupants and residents and that such displacement exacerbates existing homeless issues in the City. The proposed interim urgency ordinance would require that each conversion 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. FISCAL ANALYSIS No significant change to City revenue or expenditures is expected as a result of adopting the proposed urgency ordinance. Douglai Holland, City Attorney David H. Ready, City.M ager Attachments: Notice of Public Hearing Proposed Interim Urgency Ordinance 02 CITY OF PALM SPRINGS CITY COUNCIL 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Date: May 3, 2017 Subject: Tenant Relocation AFFIDAVIT OF PUBLICATION I, Kathleen D., MMC, Interim City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on April 21, 2016. 1 yd/elclare under penalty of perjury that the foregoing is true and correct. 4nLj � Kathleen D. Hart, MMC Interim City Clerk AFFIDAVIT OF POSTING I, Kathleen D. Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on April 20, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Kathleen D. Hart, MMC Interim City Clerk 03 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 CITY OF PALM 5 P R I i G c State Of California ss: 2117 APR 24 PM 3: 12 County of Riverside OFFICE OF THE CITY CLER Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002084260 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper:The Desert Sun = I 4/21/2017 NO 0667: NOTICE Of PUBLIC CITY COUNCILARING CITY OF PALM SPRINGS - RE- I acknowledge that I am a principal clerk of the PROPOSED ORDINANCE REQUIRING THE IMPOSITION OF CERTAIN TENANT AL 9 P P LOCATION AND PROTECTION DIS R T ONARY LAND USE ENTITLEMENTS OF APPROVAL printer of The Desert Sun, printed and ri" s published week) in the City of Palm Springs, NOTICE 15 HEREBY GIVEN that the City Council of the City of Palm SP y, P Y tYCalifornia, will hold a public hearing at its meeting of May 3,2017.The Uty Council meeting begins at 6:00 ,m the Council Chamber at City Hall,3200 County of Riverside, State of California. The East Tahquitz Canyon Way,Palm Springs. Desert Sun was adjudicated a Newspaper of The purpose of this hearing is to consider requiring the imposition of certain general circulation on March 24, 1966 by the tenant relocation and protection requirements,mduding notice and relocation assistance as conditions of approval of discretionary land use entitlements by Superior Court of the County of Riverside, the city of Palm springs. State of California Case No. 191236. ENVIRONMENTAL DETERMINATION: There is no possibiliTy the adoption of this Ordinance will have a significant effect on the environment. of the California rs it therefore exempt from environmental to review Sectonr 15061(b)uiren (3)soffTt le 741iof rthe Environmental Quality Act p California Code of Regulations 6 related documents are REVIEW OF INFOr pubRMAlic �TION;The proposedty Hall torernance o the hours of S-oo a.m.and 6-00 available I declare under penalty of perjury that the m,Monday through Thursday. Please contact the Office n the City Clerk at P ry P 1 rY D60) 323-9204 if you would like to schedule an appointment to review these foregoing is true and correct. Executed on documents. COMMENT: Response to this notice may be made verbally at the Public Hearing I this 21rst day APRIL, 2017 In Palm and/or in writing before the hearing.Written comments can to made to the City Council by email at City.Clerkapalmspr{ngsca.gov or letter (for mail or Springs, Cal nla, hand delivery)tin Kathleen D.Hart,MMC Interim City Clerk 3200 E.Tahquitz can on Way Palm Springs, 90 - Any challenge of the proposed in court may in limited notice raising only those is- sues raised at the public hearing described inor hP'ino°trco the/publ hearing, Clerk spondence delivered'to-the Cityy Clerk at, . (Government, Section 65009[6)12D for all interested persons to be An opportunity w'11 be given at said hearing heard. Questions re aiding this case may be direQetl Douglas C.Holland, City Attorney,at(760)323-8362. Declarant Si rid esita ayuda con esta Carta,po favor Ilame a la Ciudad de Palm Springs y puede hablar On Felipe Primera telefono(760)323-8253 I r thleen D.Hart,MMC i; Published:4/2112017 Interim City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS PROPOSED ORDINANCE REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION REQUIREMENTS AS CONDITIONS OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 3, 2017. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider requiring the imposition of certain tenant relocation and protection requirements, including notice and relocation assistance as conditions of approval of discretionary land use entitlements by the City of Palm Springs. ENVIRONMENTAL DETERMINATION: 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 REVIEW OF INFORMATION: The proposed ordinance and related documents are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by email at City.Clerkepalmspringsca.gov or letter (for mail or hand delivery) to: Kathleen D. Hart, MMC Interim City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed Douglas C. Holland, City Attorney, at (760) 323-8362. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. l Kathleen D. Hart, MMC Interim City Clerk �� 0 Y ORDINANCE NO. 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"sVote 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. SECTION 2. The following are the required tenant assistance components to be tl 5 Ordinance No. Page 2 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. 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 () 6 Ordinance No. _ Page 3 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 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 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. Ordinance No. Page 4 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 DAY OF MAY, 2017. ATTEST: ROBERT MOON, MAYOR KATHLEEN D. HART, MMC INTERIM CITY CLERK 08 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 CiTY OF PALM SPRING" State Of California ss: 2811 MAY 22 AM 8: 31 County of Riverside CIFFICE OF THE CITY CL"r Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002136219 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper:The Desert Sun 5/13/2017 NO 0676: ORDINANCE NO.1927 I acknowledge that I am a principal clerk of the AN INTERIM URGENCY ORDINANCE(EXTENDING INTERIM URGENCY ORDINANCE NO.1223)OF THE CITY OF PALM SPRINGS,CALIFORNIA,REQUIRING THE IMPOSE printer of The Desert Sun, printed and TION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL DISCRETIONARYE ENTITLEMENTS RY THE CITY OF PALM LAND US published weekly in the City of Palm Springs, SPRINGS. (a/5THS votalMpa lnld►. County of Riverside, State of California.The `i .1. 1. Cfyattomeysummary The Cl*receives,revhnv;,and approves various applications involving the con- Desert Sun was adjudicated a Newspaper of muttiMfnnT housing to condominiums hotels or other uses. general circulation on March 24, 1988 by the Sikh conversions the rental mufti-famiy homing. The he CCoouunncil f't of k that such h dispia resident, ne- Superior Court of the County of Riverside, a hardshiPea Iv relocation expenses for these occupants and residents can the existing home%s issue in the . This Ordinance re, State of California Case No. 191236. What that each comers/on WN be conditioned upon certain minimum tenant re/etatfon ara&tance to ensure an orderty,fair,and reasonable opportunity for displaced occupants and residents to find end relocate to suitable replacement housing. STATE of CALIFORNIA CERTIFICATION .�IINTYOFRNERSIDE N. aassrr DOFF PALM SPRINGS 11) I declare under penalty of perjury that the I,KATHLEEN D.HART,Interim City Clerk of the City of Palm Springs hereby cer- tHy that Interim Urgency Ordinance No. 1927 is a full,true antl correct copy, foregoing is true and correct. Executed On and was adopted at a r ular meeting of the Palm Springs City Council on the 3rd day of May 2017,by the foRowirg vote: this 13th day of Y, �017 in Palm Springs, AYES: Cwxicilmemben Kars,Mills,Roberts,Mayor Pro Tern Foat,and California. j NOES: None Mayor Moon 1(\f ABSENT:: None ABSTAIN: None RECUSED: None KATHLEEN D.HART,MMC INTERIM CITY CLERK Published:5/13/17 S , UDeclaran 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. 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 3rd 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 A�ak_'& KATHLEEN D. HART, MMC INTERIM CITY CLERK 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 3`d 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 KATHLEEN D. HART, MMC INTERIM CITY CLERK