HomeMy WebLinkAbout1902 ORDINANCE NO. 1902
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 5.25.020 AND
5.25.030 OF, AND ADDING SECTION 5.25.075 TO, THE
PALM SPRINGS MUNICIPAL CODE PROHIBITING THE
RENTAL OF APARTMENTS AS VACATION RENTALS.
City Attorney Summary
This Ordinance amends the City's Vacation Rental ordinance to prohibit
the conversion of apartments (as defined) to vacation rentals in the City.
Any vacation rental certificate issued prior to April 15, 2016 shall remain in
effect and may be extended through January 1, 2019 and such certificate
shall terminate and any vacation rental use of any apartment unit covered
by such certificate shall cease.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. The City Council of the City of Palm Springs has adopted a Land Use Element
and a Housing Element of its General Plan. The Land Use Element sets forth policies
and goals toward the protection of land use planning that is protective of the social
impacts of land uses and the Housing Element sets forth the City's policies and goals
towards providing a supply and range of housing opportunities throughout the City.
B. The City Council has expressed concern regarding the potentially adverse
impacts that the conversion of rental apartment units to vacation rental uses may have
on the City's rental housing stock and resident socio-economic population mix.
C. There is a current and immediate threat to the public health, safety, and welfare
because conversions of apartment units to vacation rentals could displace apartment
residents and drive these residents out of Palm Springs, eroding the City's resident
socio-economic population mix but also adversely impact City business that rely on
residents in that mix as a valuable employee pool.
D. The City Council specifically finds there is a reasonable relationship between the
conversion of apartment units to vacation rentals and the diminution in the supply of
housing that is affordable and thereby creating undue hardships for residents displaced
by the conversion to vacation rentals and will otherwise adversely affect the availability
and cost of housing throughout the City.
E. The purpose of this ordinance is to (1) ensure a reasonable balance in the
availability of rental and ownership housing in the City and to maintain opportunities for
individual choice in the tenure, type, cost, and location of housing; (2) maintain an
adequate supply of housing; and (3) avoid displacement of and undue hardship to
residents of the City who may be required to move from the community due to a
shortage of housing caused in part by conversions of apartment units to vacation
rentals.
Ordinance No. 1902
Page 2
F. This Ordinance supersedes and succeeds an interim moratorium ordinance that
prohibited the conversion of apartments to vacation rental units and prevented the short
term rental of apartments during the period of time the interim moratorium ordinance
was in effect; however, any apartment unit included in a vacation rental certificate
issued prior to April 15, 2016 was exempted from the interim moratorium. The Council
finds that maintaining and continuing this exemption of apartment units subject to
vacation rental certificates issued prior to April 15, 2016 until January 1 , 2019 will
provide a reasonable amortization period to owners of such apartment units within
which they may recoup the costs they reasonably invested in each such apartment unit
for use as a vacation rental.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. Section 5.25.020 of the Palm Springs Municipal Code is amended
to read:
5.25.020 Findings.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
(a) The use of single-family dwelling units for Vacation Rental lodging purposes
provides alternate visitor serving lodging opportunities in the City; however, such uses
in certain single-family neighborhoods may have effects that can best be addressed
through an appropriate city regulatory program.
(b) The establishment of a regulatory program for Vacation Rental lodging will
provide an administrative procedure to preserve existing visitor serving opportunities
and increase and enhance public access to areas of the City and other visitor
destinations.
(c) Limiting Vacation Rental lodging to single-family dwelling units and prohibiting
Vacation Rental lodging in apartments will preserve and protect residential housing
stock in the City.
(d) The purpose of this Chapter is to establish regulations for Vacation Rental lodging
within single-family residential neighborhoods and the related use of residential property
thereby enabling the City to preserve the public health, safety, and welfare.
(e) This Chapter is not intended to regulate hotels, motels, inns, time-share units, or
non-vacation type rental arrangements including, but not limited to, lodging houses,
rooming houses, convalescent homes, rest homes, halfway homes, or rehabilitation
homes.
SECTION 2. Section 5.25.030 of the Palm Springs Municipal Code is amended
to add the following definitions and amend the definition of"Vacation Rental:"
Ordinance No. 1902
Page 3
"Apartment" means (a) a residential unit in a multi-family development of two (2)
dwelling units where both dwelling units are rented or leased for occupancy as a
residence for individual families, and (b) a residential unit in a multi-family development
of three (3) or more dwelling units.
"Single-family dwelling" means a detached building designed primarily for the use
of a single family and no portion which is to be rented out separately.
"Vacation Rental" means a single-family dwelling, or any portion thereof, rented
for occupancy for dwelling, lodging, or sleeping purposes for a period of twenty-eight
consecutive days or less, other than ongoing month-to-month tenancy granted to the
same renter for the same unit, occupancy of a time-share basis, or a condominium hotel
as defined in Section 91.00.10 of this Code.
SECTION 3. Section 5.25.075 is added to the Palm Springs Municipal Code to
read:
5.25.075 Specific Prohibitions.
(a) No person or entity shall offer or provide an Apartment, or any portion thereof, for
rent for 28 consecutive days or less to any person.
(b) No person or entity shall maintain any advertisement of a rental that is in violation
of any provision of Chapter 5.25 of this Code.
(c) No person, including without limitation, an apartment owner, an apartment
manager, or a representative of the apartment owner or manager, shall evict any tenant
or otherwise terminate a lease for the purpose of converting an apartment to a vacation
rental or in anticipation of converting an apartment to a vacation rental. In addition to
any other remedy provided under the Palm Springs Municipal Code, failure to comply
with this provision may be asserted as an affirmative defense in an action brought by or
on behalf of the apartment owner, apartment manager, or representative to recover
possession of the unit. Any attempt to recover possession of a unit in violation of this
Ordinance shall render the apartment owner, apartment manager, or representative
liable to the tenant for actual or punitive damages, including damages for emotional
distress, in a civil action for wrongful eviction. The tenant may seek injunctive relief and
money damages for wrongful eviction and the prevailing party in an action for wrongful
eviction shall recover costs and reasonable attorneys' fees.
(d) The provisions of subsection (a) of this Section shall not apply to or be enforced
.against any person or entity who rents an apartment or portion thereof pursuant to a
valid vacation rental certificate issued prior to April 15, 2016 for the period of time
between April 15, 2016 through January 1, 2019. The purpose of this deferral of the
enforcement of the provisions of this Section is for persons or entities issued valid
vacation rental certificates prior to April 15, 2016.
(e) The provisions of subsection (a) of this Section shall also not apply to any
building in which an apartment is located that meets all requirements of an R-1
occupancy under the City's building and fire code and for which such apartment has a
valid vacation rental permit issued prior to April 15, 2016.
Ordinance No. 1902
Page 4
SECTION 4. Subsection (d) of Section 5.25.075 shall be deemed repealed and
no longer in effect as of 12:01 am on January 1, 2019, and all persons and entities shall
fully comply with the provisions of Subsection (a) of Section 5.25.075 of this Code.
SECTION 5. In the event any term or provision of this Ordinance is to any
extent invalid or incapable of being enforced, such term or provision shall be excluded
to the extent such invalidity, illegality, or unenforceability and all other terms and
provisions shall remain in full force and effect.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 19th DAY OF OCTOBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
Ordinance No. 1902
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1902 is a full, true and correct coTpy, and was introduced at a regular
meeting of the Palm Springs City Council on the 5 " day of October, 2016, and adopted
at a regular meeting of the City Council held on the 19T" day of October, 2016, by the
following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pro Tern Mills.
ES TH0MPSON, CITY CLERK
City of Palm Springs, California