HomeMy WebLinkAbout10/19/2016 - STAFF REPORTS - 1.C.DATE: October 19, 2016
City Council Staff Report
CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1902
AMENDING THE PALM SPRINGS MUNICIPAL CODE PROHIBITING
THE RENTAL OF APARTMENTS AS VACATION RENTALS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1902.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and adopt 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."
STAFF ANALYSIS:
On October 5, 2016, Ordinance No. 1902 was introduced for first reading, as noted
below:
3.B. PROPOSED ORDINANCE PROHIBITING THE RENTAL OF
APARTMENTS AS VACATION RENTALS AND AMENDING THE PALM
SPRINGS MUNICIPAL CODE:
ACTION:
1) Waive the reading of the ordinance text in its entirety and read by
title only.
2) Introduce on first reading 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
ITEM NO. 1L
ADOPTION OF ORDINANCE NO. 1902
October 19, 2016
Page 2 of 2
PROHIBITING THE RENTAL OF APARTMENTS AS VACATION
RENTALS," amending the ordinance as follows: a) modify
"affordable housing" to "housing that is affordable, " b) amending the
definition of apartment to allow the rental of a duplex insofar as the
owner resides in the duplex, c) adding a Section to the ordinance
regarding life safety requirements for existing properties; and d)
amending the sunset date to January 1, 2019.
Motion Councilmember Kors, seconded by Councilmember Roberts
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
/J es Thompson David H. Ready, Esq., P
City Clerk City Manager
/kdh
Attachments:
Ordinance No. 1902
02
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, 2018 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
affordi;Wn housina 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 a#eFdable 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
03
Ordinance No.
Page 2
shortage of housing caused in part by conversions of apartment units to vacation
rentals.
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, 2018 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.
04
Ordinance No. _
Page 3
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:"
"Apartment" means (tea residential unit in a multi -family development of two (2)
dwellino units where both or more dwelling units where eRe or more wnit6 isare rented
or leased for occupancy as a residence for one individual or —families, and (b) a
residential unit in a multi -family development of three (3) or more dwellina units.y
"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, 20139. The purpose of this deferral of the
enforcement of the provisions of this Section for persons or entities issued valid
vacation rental certificates prior to April 15, 2016.
05
Ordinance No
Page 4
(e) The provisions of subsection (a) of this Section shall also not aDDly to anv
building in which an aoartment is located that meets all requirements of an R-1
occuDancv under the Citv's building and fire code.
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 2, 2018 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 DAY OF 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
06
Ordinance No. _
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. is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the _ day of , 2016, and adopted at
a regular meeting of the City Council held on the day of , 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
07
Cindy Berardi
From: Alan Billingsley <alanbill@pacbell.net>
Sent: Thursday, October 13, 2016 1:26 PM
To: JR Roberts; Chris Mills; Ginny Foat; Robert Moon; CityClerk
Subject: Vacation Rentals
The restrictions on short term rental of multi family units seems to be a solution in search of a
problem. My partner and I own 4 condo units in PS which are already prohibited from short term
rentals by HOA restrictions. These nice but older units rent at very reasonable prices ($1200 for large
2 Bdrm) and it usually takes a few months to rent on turnover. PS always has a large inventory of
apartments on the market. Apartment leases almost always have a no sublease clause. So the only
short term rentals are likely to be a found in a handful of buildings where the owners place a few units
on the short term market. They should be allowed to do so given the excess inventory of long term
rentals.
Alan Billingsley alanbill(c pacbell.net
93
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 Attomey 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, 2018 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
afferdable 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 affordable 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
Ordinance No. _
Page 2
shortage of housing caused in part by conversions of apartment units to vacation
rentals.
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 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.
Ordinance No. _
Page 3
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:"
"Apartment" means (a) a residential unit in a multi -family development of two (2)
dwelling units where both OF more dwelling units where one or rnore units 'bare rented
or leased for occupancy as a residence for Ore individual or —families, and (b) a
residential unit in a multi-familv development of three (3) or more dwelling units.v-
"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, 20189. 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.
Ordinance No. _
Page 4
(e) The provisions of subsection (a) of this Section shall also not aooly to anv
buildina in which an apartment is located that meets all reauirements of an R-1
occuDancv under the Citv's buildina and fire code and for which such apartment has a
valid vacation rental permit issued prior to April 15, 2016.
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 2, 2018 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 DAY OF 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. _
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. is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the _ day of , 2016, and adopted at
a regular meeting of the City Council held on the day of , 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
T H E D E S E R T
C O L L E C T I V E
The Desert Collective
1101 North Palm Canyon Dr
Palm Springs CA
92262
October 19th, 2016
Mr. Jay Thompson, City Clerk
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs CA
92262
To the Mayor, Members of the City Council and City Staff,
Item 1: We would like to suggestthat the City place a hold on this ordinance and
have staff review our suggested solution which is to apply an R3 overlay to those
properties currently permitted and operating short term vacation rentals of
apartments. R3 is multiple family residential and hotel zone. This will take care of a
number of everyone's concerns and fulfill the intentions you announced at your last
hearing.
Item 2: If you choose to proceed with the ordinance, Councilperson Kors was very
clear that the existing apartment complexes would not have to go through the
hurdles of actual conversion to a hotel, i.e., a CUP, no change in title, permits, costs to
"convert" to a hotel, but rather would have to comply with health, safety and fire
codes, like small hotels, by January 1, 2019. To us, that means exactly that: and if we,
the existing permitted short term rental apartment complexes, "comply" with such
codes by Jan. 2019, then we may continue to operate PAST the January 2019 sunset
date, i.e., we are essentially grandfathered in. We request that you confirm this
tonight during your discussion and direct staff to amend the ordinance to include
express provisions that these properties will be considered "grandfathered" if they
I ., 6.
4
comply with the same Codes as small hotels, and that upon sale, the buyer may
continue to operate in the same manner. As we all know, people interpret documents
differently, and we want future councils and/or future staff taking a different read on
the ordinance.
Item 3: As amended, the Ordinance will not allow us to operate after January 1,
2019. In Section 5.25.075 (d), it states that the restrictions as to apartments shall not
apply to or be enforced against us for the period of time from April 15, 2016 through
January 1, 2019. Meaning, what happens after January 1, 2019?
Items 4: Subsection (e) states that the apartment restriction shall 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. Is this the subsection you intend to
ensure we are excluded us from the ban against apartments? Meaning if we comply
with certain code requirements for R-1 occupancy, then the apartment ban does not
apply to us at all, regardless of the time frame? If so, is it correct that we comply with
R-1 codes or codes like small hotels have to comply with? We believe this is
ambiguous and request clarification and direction as to exactly which codes we must
comply with. Municipal Code section 92.04.01 which governs the uses of R-1 zoned
properties, does not allow the use of a hotel even with a CUP. So how does us
complying with R-1 codes effectuate your goal that we comply with codes like the
small hotels have to? Small hotels are not allowed in R1 zones.
Item 5: If any of us do wish to convertto a hotel, and such a hotel use is allowed
within our zone (be it R2, R3, C1, etc.), the Municipal Code expressly states that we
can use our property as a hotel in those zones "provided that no more than ten (10)
percent of the guest rooms contain kitchen facilities." I spoke to this issue at your last
meeting and it was assured that it was NOT your intention to require us to have to
remove kitchens. The ordinance is silent on the issue and so again, we seek
clarification and an express provision in the ordinance addressing this issue.
In closing, we believe that the ordinance should be rewritten and expressly address
all of these issues, rather than be silent on them, thus leaving room for different and
varying interpretations in the future by staff, council and property owners. Thank you.
Si
Jaime Kowal
CITY OF PALM SPRINGS
NOTIFICATION
a
City Council
Meeting Date: October 19, 2016
Subject: Ordinance No. 1902
AFFIDAVIT OF PUBLICATION
I, Kathleen D. Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Ordinance Summary was published in the Desert
Sun on October 29, 2016.
I declare under penalty of perjury that the foregoing is true and correct.
Kathleen D. Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathleen D. Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Ordinance Summary and Ordinance 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 October 26, 2016.
I declare under penalty of perjury that the foregoing is true and correct.
Kathleen D. Hart, MMC
Chief Deputy City Clerk
The Desert sun
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578 / Fax 760-778-4731
State Of California ss:
County of Riverside
Certificate of Publication
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001694539
I 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
panel) in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit:
Newspaper' The Desert Sun
10/29/2016
I acknowledge that I am a principal clerk of the
printer of The Desert Sun, printed and
published weekly in the City of Palm Springs,
County of Riverside, State of California. The
Desert Sun was adjudicated a Newspaper of
general circulation on March 24, 1988 by the
Superior Court of the County of Riverside,
State of California Case No. 191236.
I declare under penalty of perjury that the
foregoing is true and correct. Executed on
this 29th day TOBER, 2016 in Palm
Springs, Cal' mia./,
U
RECEIVED
-ITY OF PALM SPRIN"'
2116 NOV -7 AM 9: 29
JAMES THOMFSCi,
CITY CLERK
1v *V6 � L.
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.
CERTIFICATION
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1902 is a full, true and correct coy, 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.
/l�1vlES THOMPSON, CITY CLERK
(/City of Palm Springs, California
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 2, 2018 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 1gth DAY OF OCTOBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES 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 coy, 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.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California