(Revised 05/16/19)
Item 2B - Page 211
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
V\431:~ \ ~~\t.,; ~o :/._o
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
~V'L\.~ ~~~\CL ':I. 0 o/c,
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
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[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE !=ORM
Item 2B - Page 212
CITY COUNCIL STAFF REPORT
10/17/2022
PALM SPRINGS NAVIGATION CENTER UPDATE
RECOMMENDATION: Receive and file update.
Justin Clifton, City Manager
Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2022 BUSINESS & LEGISLATIVE
SUBJECT: PALM SPRINGS NAVIGATION CENTER UPDATE
FROM: Teresa Gallavan, Interim City Manager
BY: Community & Economic Development Department
SUMMARY:
This report provides an update on development of the Palm Springs Navigation Center.
RECOMMENDATION:
Receive and file update.
BACKGROUND:
On November 18, 2021, City Council approved the acquisition of 3589 McCarthy Road (Site) for use as a Homeless Navigation Center. Funds used to acquire the Site were provided by the County of Riverside through an Acquisition and Funding Agreement executed in January 2022. Under the Agreement, the County provided $7.0 Million they received from American Rescue Plan Act (ARPA) funds. Of that amount, $5.74 Million was used for the acquisition of the Site, and $1.26 Million is to be used for capital improvements.
The City and County also received an award of HomeKey 2 funds in the amount of $19,059,202. With the HomeKey 2 award, ARPA funds from the County, and a City contribution of $5.3 Million from the Housing Homelessness Assistance Program (HHAP) State grant, there are sufficient funds to construct and operate the Navigation Center.
The project team is made up of City staff, County staff, LeSar Development Consultants, Martha’s Village and Kitchen, and John Friedman Alice Kim Architects (JFAK), and has begun the planning and design of the Navigation Center. It is expected that a Construction Manager At-Risk (CMAR) contract will be approved at the October 17, 2022, City Council meeting. The CMAR will provide input on costs of the proposed building design, solicit bids from subcontractors, and manage subcontractors. On ce the CMAR begins working on the project it is expected the budget and schedule will be further refined.
Item 3A - Page 1
City Council Staff Report
October 17, 2022 -- Page 2
Navigation Center Update
The project team has also had ongoing dialogue with various segments of the community, including residents, neighborhood organizations, local businesses, healthcare providers, non-profit organizations, community leaders, and the Resident Advisory Working Group (RAWG) which have all provided feedback on Navigation Center design and operations, and identification of potential issues to be addressed. With the input provided from various community members, the project team has produced a preliminary site design for the Navigation Center.
The Navigation Center will include 80 residential units and rehabilitation of Buildings 8 and 24. Services at the Navigation Center will include:
• Transitional Housing
• Case Management
• Behavioral Health Services
• Physical Health Services
• Assistance obtaining benefits and
essential documentation
• Education and Employment
Services
• Computer Training
• Job Training
• Housing Retention Skills
• Clothing Vouchers
• Legal Assistance
• Family Connection Services
• Recuperative Care
• Transportation
• 24-hour security
These services will be included either onsite or on a referral basis for Navigation Center clients.
STAFF ANALYSIS:
Project Architect JFAK has completed preliminary designs for the Navigation Center. The preliminary design incorporates criteria from the State, operational/functional criteria provided by Martha’s Village and Kitchen, and recommendations of the Resident Advisory Working Group. It is anticipated that the 80 residential units will be constructed from “modular” building technologies which can be manufactured quicker and at a lower cost than traditional wood frame construction.
In preparing the preliminary designs, the project team identified certain site requirements, such as not building over existing easements (Image 1), providing sufficient access for fire lanes (Image 2), and parking requirements (Image 2) that reduced the area where the residential units could be constructed. To address these conditions , some of the residential units were designed as two- story structures (two-story sections are shown in Image 2 in dark blue).
Item 3A - Page 2
City Council Staff Report
October 17, 2022 -- Page 3
Navigation Center Update
Image 1
Easement Location
Item 3A - Page 3
City Council Staff Report
October 17, 2022 -- Page 4
Navigation Center Update
Image 2
Fire Lane, Parking and Modular Unit Locations
The preliminary scope of work for the Navigation Center is as follows:
• Site Work
o Development of 80 interim housing units utilizing modular structures to include kitchenettes and restroom facilities.
o The above 80 units will include at least 5 family units and dedication of 10 units to TAY (transitional age youth).
o Child Play Area.
o General Parking.
o Green Space.
o Hardscape and Landscape.
Item 3A - Page 4
BmldingC
(futur e use)
i ,e l -:1 ne / Pave Area
Building 8
Building
24 City Council Staff Report
October 17, 2022 -- Page 5
Navigation Center Update
• Building 8 - This building will be open 8 hours a day.
o Development of flexible office spaces for case management, social services, behavioral health, and workforce development services, including individual meeting rooms and a lobby area.
o Development of group meeting and conference room space. o Development of workforce development/training rooms, including a computer room.
o Development of designated staff space and storage.
• Building 24 - This building is meant to be open 24 hours a day.
o Development of flexible office spaces for potential use as medical/dental clinic.
o Reconfiguration of building interior to include a commercial kitchen with dry and cold storage.
o Creation of dining space for interim housing clients. o Development of kitchen administration space.
o Development of security space.
o Development of mail room and other residential space. o Loading docks are attached to this building where food and other supplies will be delivered.
As HomeKey2 funds cannot be used for Building C, this work will have to be funded with other City or County funds (such as General Funds and ARPA funds). Given the schedule and budget constraints, work on Building C may not begin until after the design for Building A, Building B, and Site Work are complete and there are assurances that all costs, including potential cost overruns, are sufficiently funded by the HomeKey2 f unds, plus any necessary City and County funds.
Additional site massing images of the preliminary design are provided below.
Item 3A - Page 5
City Council Staff Report
October 17, 2022 -- Page 6
Navigation Center Update
Image 3
Site Massing from South
Image 4
Site Massing from West
Item 3A - Page 6
City Council Staff Report
October 17, 2022 -- Page 7
Navigation Center Update
Image 5
Site Massing from East
At their September 20, 2022 meeting , the Resident Advisory Working Group ( RAWG) provided additional recommendations on the preliminary design which included creating quiet zones, taking the wind into consideration, incorporating solar panels, shade structures, and increasing the landscaping buffer along north side of the Site. A complete list of comments from the RAWG is provided as Attachment 1.
Project Schedule
It is important to recognize the State’s requirements for expenditure of the HomeKey2 funds and completion of Navigation Center. Capital funds must be expended within eight months of the date of award. Grantees shall complete all applicable construction and/or Rehabilitation within 12 months of the date of award. All Projects shall achieve a full occupancy (fully occupied with consideration for an average of 10% vacancy rate at any given time) within 90 days of construction and/or Rehabilitation completion. The current schedule for construction of the Navigation Center is below:
• October 17, 2022 – Consideration of C onstruction Manager At Risk (CMAR) contract.
• November 4, 2022 – DD Drawing Package Complete.
• December 16, 2022 - 50% CD Drawing Package and Technical Specifications Complete.
Item 3A - Page 7
City Council Staff Report
October 17, 2022 -- Page 8
Navigation Center Update
• January 27, 2023 – 100% CD Drawing Package and Technical Specifications Complete.
• February 10, 2023 – Plan Check Complete – permits ready to issue. • July 21, 2023 – HomeKey 2 Construction Complete.
These requirements dictate that the City be extremely efficient with time for developing this project.
ALIGNMENT WITH STRATEGIC PLANNING:
The first major task in the Strategic Plan for Quality of Life (1A) with the key objective to improve homelessness is to build a Navigation Center . Navigation Centers serve as interim housing and connect individuals to permanent housing, making one of the most difficult steps more manageable. Navigation Centers are created to ensure that people can easily get access to housing, and they have staff that are trained in housing navigation and housing preparedness. Navigation Center staff focus on achieving the permanent housing goal while simultaneously addressing immediate needs – like shelter, short-term housing, employment, healthcare, or substance use disorder services. Navigation Centers act as a “hub” – a centralized location that provides many services that are easily accessible to people experiencing homelessness.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this update.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Acting City Manager: Jeremy Hammond
ATTACHMENTS:
1) Resident Advisory Working Group Comments on Preliminary Design Item 3A - Page 8
ATTACHMENT 1
Resident Advisory Working Group
Comments on Preliminary Design
Item 3A - Page 9
Palm Springs Resident Advisory Working Group
Special Meeting: Design Notes
Session 1
Outdoor spaces
• Need for smoking area
• Concerns about the amount of concrete
(too hot, bad for pets)
• Desire for murals
• Landscaping for view blockage
Concerns
• Height of outer walls
• Security of the vehicular gate: can it be
staffed? Secured?
• Delivery truck noise
• Traffic jams with only one gate
Additional considerations
• Begin construction on Building C sooner
than later
• Storage for RV and belongings
• Impact of wind
o Direction of doors
• “Security shed” in the middle of the
campus to monitor comings/goings
Session 2
Concerns
• Lack of landscaping around Building C
• Noise from trucks
• Need for curfews
• Trash dumping in the empty lot next
door
• Child and dog safety near playground/
dog run
Additional considerations
• Additional outdoor seating
• Safe parking designation
• Community garden
• Composting organic waste
• Additional shade structures (e.g.
sailcloth)
• Basketball hoop near Building C
• Solar panels/ energy saving approaches
• Landscaping options that don’t drop
plant matter
Volunteer Opportunity Suggestions
• Assisting with filling out forms to apply
for jobs
• Donating clothing
• “Homework club”- tutoring
• Mini thrift store (that residents could
work at)
Item 3A - Page 10
CITY COUNCIL STAFF REPORT
10/17/2022
CONSIDER PROPOSAL FROM WE ARE ONE UNITED INC. REQUESTING FINANCIAL ASSISTANCE IN THE AMOUNT OF $400,860 FOR THE UNITED FOR
SAFE YOUTH INITIATIVE
RECOMMENDATION:
Consider Proposal from We Are One United Inc. to provide financial assistance in the amount of $400,860 for the United for Safe Youth Initiative.
1. If supportive of funding request, authorize the Interim City Manager or designee to negotiate an agreement with We Are One United Inc. and execute all documents as needed.
2. Justin Clifton, City Manager
Attachments
Item 3B
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2022 BUSINESS & LEGISLATIVE
SUBJECT: CONSIDER PROPOSAL FROM WE ARE ONE UNITED INC.
REQUESTING FINANCIAL ASSISTANCE IN THE AMOUNT OF $400,860
FOR THE UNITED FOR SAFE YOUTH INITIATIVE
FROM: Teresa Gallavan, Interim City Manager
BY: Community & Economic Development Department
SUMMARY:
We Are One United Inc. (WAOU) is a community-based organization (CBO) and self- described social enterprise, training and development company based primarily in Palm Springs working for community, equity, and well -being. WAOU was awarded a $2,155,632 grant from the California Violence Intervention and Prevention (CalVIP) program. The grant requires WAOU secure matching funds in the amount of $2,170,632.
WAOU is requesting the City of Palm Springs contribute $400,860 as part of the required match (Proposal, Attachment 1). The City contribution will be used to provide startup funding for WAOU’S United for Safe Youth Initiative (Program) – a comprehensive, holistic approach to reducing and preventing violence in the District One area of Palm Springs for at-risk youth.
RECOMMENDATION:
1. Consider Proposal from We Are One United Inc. to provide financial assistance in the amount of $400,860 for the United for Safe Youth Initiative.
2. If supportive of funding request, authorize the Interim City Manager or designee to negotiate an agreement with We Are One United Inc. and execute all documents as needed.
BUSINESS PRINCIPAL DISCLOSURE:
The Business Principal Disclosure Form for We Are One United Inc. is not available at the time of the writing of this report but will be provided as Additional Materials to this item in advance of the meeting.
Item 3B - Page 1
City Council Staff Report
October 17, 2022 -- Page 2
We Are One United Funding Request
BACKGROUND:
The California State Legislature established the CalVIP Grant Program in F iscal Year 2018. CalVIP encourages cities disproportionately impacted by violence to develop local approaches that best meet the diverse needs of each community in reducing violent crime. In 2019, Governor Newsom signed Assembly Bill (AB) 1603, codifying the CalVIP program as the Break the Cycle of Violence Act, and established the Board of State and Community Corrections (BSCC) to administer the program.
AB 1603 specifies that CalVIP grants shall be used to support, expand, and replicate evidence-based violence reduction initiatives, including but not limited to:
• Hospital-based violence intervention programs
• Evidence-based street outreach programs
• Focused deterrence strategies
In addition to the $400,860 requested from the City of Palm Springs, WAOU is currently seeking assistance from other entities to provide the balance of matching funds required ($1,769,772).
STAFF ANALYSIS:
Violence in the Desert Highlands Gateway Estates and East San Rafael communities has been on the rise over the past few years. Recent statements issued by the Palm Springs Police Department (PSPD) indicate that Desert Highland Gateway Estates community accounts for approximately 2% of the city's population and 30% of the C ity's total gun violence. Information gathered by PSPD through community meetings, speaking with youth involved, police reports and meetings with school officials, indicate ages of the youth involved in the violence are between the ages of 13 and 17 years old, which is the target population for the Program.
As proposed, the Program would be implemented in three phases.
Phase 1 – Street Outreach & Mentoring delivered by Community Messengers
WAOU in conjunction with the Desert Highland Gateway Estates and East San Rafael Communities, will utilize the CalVIP grant to create a Street Outreach Team of community restoration specialists, crisis-diffusers, and violence- interrupters to reduce the violence that has been on the rise. By working with “entrenched members of the community,” with training and stipends for the work they do, the Street Outreach Teams will be a bridge between WAOU and the community, and they will be instrumental in recruiting other like- minded individuals to advance the Program.
The Proposal cites how, “Workers with street experience have unique insight into what attracts youth to negative life choices and can serve as role models to at -risk and gang- Item 3B - Page 2
City Council Staff Report
October 17, 2022 -- Page 3
We Are One United Funding Request
involved youth.” By including individuals previously impacted by violence, including system impacted and/or formerly/currently system -involved individuals in their plan, clients will be more likely to engage in programs because they will be able to interact with someone who comes from their community, has been where they are and has made a positive life change.
Phase 2 – Job Training, Mental Health & Wellness, Youth Programming
This phase will address gaps in access to educational opportunities and training for at - risk youth to help create pathways to in-demand and high paying jobs such as healthcare, advanced manufacturing and trades, cybersecurity, and information technology. T o increase client “hireability” and employability the Program will provide practical skills, life skills, mentoring, internships/apprenticeships, and job placement and an alumni program.
Through these activities clients will be connected to industry partners for paid apprenticeships and internships and be assisted with employment and business opportunities, attend speaker series with entrepreneurs and thought leaders , and be connected to certificate programs and associate degree programs.
This phase will also include Mental Health/Wellness/Youth Programming. Clients will work with intervention specialists to connect with mental health programs, and families will be educated on the current state of the client until licensed professionals or psychiatric resources and community-based support services will take over the case. Activities will also augment afterschool programs by providing extended hour weekday and weekend recreation opportunities including a media and music studio, Science Technology Engineering Arts and Mathematics (STEAM), Virtual Reality experience, and gaming tournaments in a safe space. Virtual cafes, forums, and mixers to address trauma, share aspirations, and build relationships will also be part of the programming for this phase.
Phase 3 – Leave a Legacy Leadership Challenge
This phase is a one- year program to help youth become leaders and agents of change.
During this phase clients will be provided with training and skill development in leadership, project management, public speaking, conflict mediation, professional network ing, business writing, and creating a social enterprise.
Clients are viewed as the future leaders of the community and the Program is meant to create a pipeline of future leaders and advocates that will continue the work for future generations. The goal is to create an economic development mindset within the community, to engage in the creation of opportunities for the community, such as starting worker-owned businesses, investing in a credit union, and creating a supermarket.
Details for each phase are included in the attached Proposal (Attachment 1).
Item 3B - Page 3
City Council Staff Report
October 17, 2022 -- Page 4
We Are One United Funding Request
Support and implementation of the WAOU Program would not only be beneficial in addressing increased levels of violence in the City, but also in changing the trajectory for the youth in the community.
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.
ALIGNMENT WITH STRATEGIC PLANNING:
This addresses the Quality of Life Strategic Plan Goal – Reduce Crime Key Objective, Focus on Violent Crime task.
FISCAL IMPACT:
WAOU has been awarded a CalVIP grant in the amount of $2,155,632. The grant requires WAOU secure matching funds in the amount of $2,170,632 for a total budget of $4,326,264. In addition to the $400,860 requested from the City of Palm Springs, WAOU is currently seeking assistance from other entities to provide the balance of $1,769,772 in matching funds.
Sufficient funds are available for workforce development activities in Fiscal Year 2023 budget in account 1001060-40000.
REVIEWED BY:
Department Director: Jay Virata
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. We Are One United Proposal
B. Business Principal Disclosure (to be provided as Additional Materials in advance of the meeting)
Item 3B - Page 4
ATTACHMENT 1
WE ARE ONE UNITED PROPOSAL
Item 3B - Page 5
ATTACHMENT 2
BUSINESS PRINCIPAL DISCLOSURE
Item 3B - Page 6
We Are One United Incorporated
Violence Intervention and Prevention Program Support Request Palm Springs, California
September 2022
Item 3B - Page 7
,,~ WEARE
ONE UNITED
2 Contents
Executive Summary ................................................................................................................................ . 3 Program Details ....................................................................................................................................... 5 Phase 1 - Street Outreach & Mentoring delivered by Community Messengers ..................................... 5 Phase 2 - Job Training, Mental Health & Wellness, Youth Programming ................................................... 6 Mental Health/Wellness/Youth Programming ..................................................................................... 7 Phase 3 – Leave a Legacy Leadership Challenge ....................................................................................... 7 Organizational Capacity ........................................................................................................................... 8
Item 3B - Page 8
3 Executive Summary
We Are One United is requesting financial support from the City of Palm Springs to provide startup funding for the United for Safe Youth Initiative. While we have been awarded a grant of $2.1 million, these funds are awarded as a matching grant and require We Are One United to expend the funds to run our program and submit invoices for reimbursement. Therefore, we are requesting support in the amount of $400,860 (please see attached Support Request budget and CAL VIP Budgets for details) to ensure we can begin full operations immediately. Our strategy to obtain the remaining funding to fulfill the match will include existing grants, revenues from our social enterprise projects, in-kind donations and volunteer hours, robust fundraising activities, and seeking additional grant funding opportunities.
We Are One United Inc. (WAOU) is committed to an overall impact of community wellbeing to address community level risks including high barriers to economic opportunities, concentrations of residents living in poverty, family disruption, low levels of community participation, and socially disorganized neighborhoods. WAOU will work to elevate underserved and underrepresented communities in Palm Springs by strengthening individual-level protective factors in our high-risk target population, such as changing youth attitudes to be intolerant, helping youth to achieve academic success, and providing opportunities to explore educational aspirations. In addition, WAOU will support youth to develop a positive social orientation, including problem solving skills, a sense of self confidence in facing future conflicts, and increased prosocial connections through positive activities to build social skills and career competencies, including highly developed skills for thoughtful planning and goal setting.
We Are One United is implementing the United for Safe Youth Initiative, a comprehensive, holistic approach to tackling violence prevention and reduction in the District One area of Palm Springs acknowledging the complexity and nuance of working with at-risk youth and in a divided community.
We will employ a three-phase strategy of: violence mitigation, mentoring youth and young adults for work or college, and encouraging youth to become community leaders and advocates.
In the mitigation phase, we address the immediate conflict between opposing street gangs through a program that trains and deploys credible messengers from the community to defuse crises and promote peace and healing. In this way, WAOU, will follow the example of other successful street outreach models, such as Cure Violence, (Cure Violence) which utilizes culturally competent staff who respond to and stop the spread of violence by (1) detecting and interrupting violence through conflict mediation and direct community outreach; (2) identifying and building relationships with youth that pose the highest risk and working with them to change behaviors or by connecting them to critical services, such as mental health treatment, job training, or drug treatment; (3) mobilizing the community they live in to respond to violence by engaging residents, local businesses, faith leaders and service providers to promote the use of non-violent approaches to conflict resolution and spread messages of prosperity for all, equity, peace, and healing.
At the same time, the mentoring phase of our process is offering curated services including mental health counseling, that will address the underlying social, emotional, and cultural factors that contribute to environments that allow youth gang activity to flourish. We will focus on providing youth with after- school programming to develop the habits and transferable skills that will prepare them for college and job training programs. This phase is supported in part by funding we are receiving from the Regional Access Project Foundation and others and is projected to become an ongoing resource beyond the 30- month term of the VIP grant program.
Item 3B - Page 9
4 In our Economic Development phase WAOU will be working with youth and families that lack the educational and economic resources that they need to identify and prepare to take advantage of opportunities for better jobs, for starting their own businesses, and for becoming more successful contributors to the welfare of their families and the growth of their communities. Using our social enterprise employment model, we will work with focus groups throughout the North Palm Springs communities to identify economic development opportunities, design strategies that increase community engagement and jobs, and increase investment and sustainability for the region. We believe that we can create over 90 jobs through initiatives that fill in gaps in services like childcare and work with partners like ESRI to bring jobs centered on innovation and technology. We look forward to working with academic partners including University of California, Riverside, California State University, San Bernardino and College of the Desert to do research, create internship opportunities, and build capacity for community-based organizations as well. We are building relationships with organizations like Rotary to leverage support that can help identify and build networks that will be valuable for upcoming professionals and help us reach more supporters and donors for our work. We will be having business clinics, mixers, and job fairs that bring employers and candidates together and that encourage people to work together to improve their attractiveness to new investors and funders.
The third phase of the project includes WAOU’s Leave a Legacy Leadership Challenge - a one-year program that prepares youth who have shown promise in WAOU’s other programs and willingness to overcome challenges, to become leaders and agents of change in their community. A combination of rigorous leadership training and a capstone project that tackles a social problem through social entrepreneurship, WAOU’s Leadership Challenge gives youth the skills, knowledge, and practical experience to become changemakers that continue the important work of uplifting and amplifying impact within and for their community.
We Are One United Support Request
Budget Categories Month 1 Month 2 Month 3 Month 4 4 Month Total Total Personnel Costs $58,500 $58,500 $58,500 $58,500 $234,000 Total Operating Costs $8,880 $8,880 $8,880 $8,880 $35,520 Outreach Team Detail $27,000 $27,000 $27,000 $27,000 $108,000 Outreach Services and Supplies $5,835 $5,835 $5,835 $5,835 $23,340 Total $100,215 $100,215 $100,215 $100,215 $400,860
Item 3B - Page 10
5 Program Details
Phase 1 - Street Outreach & Mentoring delivered by Community Messengers We Are One United (WAOU) in conjunction with the Desert Highland Gateway Estates and East San Rafael Communities, will create a Street Outreach Team of Community Restoration Specialists, a coalition of crisis-diffusers & violence-interrupters, utilizing evidence-based approaches to reduce the violence that has been on the rise over the past two and a half years (PSPD).
Youth violence has tragic aftershocks that ripple through communities affecting parents, siblings, friends, and extended family. WAOU will focus on the peacemakers and advocates in our community - the ordinary men and women that do the hard work everyday to raise their children and build wealth for future generations. By utilizing entrenched members of the community as Community Restoration Specialists, WAOU will remunerate community leaders by providing them with training and stipends for the work that they do every day. In this way, we will show that we value community members expertise and commitment by putting money directly back into the community while providing valuable training in conflict mediation, conflict resolution, mentoring and youth outreach skills. These individuals will not only be a bridge between WAOU and the community, but they will also be instrumental in recruiting other like-minded individuals to advance the programs of WAOU. There are several cities throughout the country that utilize street teams in their approach to ending violence in cities. Daniel Mallory, Life Coach in Indianapolis explains the importance of street teams, “I think it’s important and imperative that we have these teams…one person can’t do it alone. It takes a village." (Gay) WAOU will lead the process of identifying and training the community members and advocates that are our integral partners in this initiative. We will be working directly with community advocates such as Deiter Crawford, a 3rd generation resident of the Desert Highland Gateway Estates Community, and Founder of Urban Palm Springs, a community outreach consultancy firm. WAOU will also partner with DeAztlan Consulting, a fully bilingual firm that has worked door to door in the East San Rafael neighborhoods and has contracted with the City of Palm Springs on the issue of enhancing and growing Latino outreach. Finally, we will be working with Edwin Ramoran, co-founder of Bayanihan Desert - a cultural center in the Coachella Valley dedicated to bringing Filipinos together and connecting with communities of color through public programs and civic engagement. Working with these firms ensures that the messaging for all stakeholders - police, media, residents, faith-based organizations, schools, CBOs, and youth is effective and accurate throughout the entirety of the program. Our efforts to engage individuals who were formerly involved in gang life is a strategy used by many programs to create camaraderie. As stated in Developing a Successful Street Outreach Program: Recommendations and Lessons Learned, “many street outreach programs hire outreach workers with direct experience with gangs and/or street violence. Workers with street experience have unique insight into what attracts youth to negative life choices and can serve as role models to at-risk and gang-involved youth.” (Street Outreach, Richmond) By including these individuals previously impacted by violence, including system impacted and/or formerly/currently system-involved individuals in our plan, our clients will be more likely to engage in our programs because they will be able to interact with someone who comes from their community, has been where they are, and has made a positive life change.
Item 3B - Page 11
6 Phase 2 - Job Training, Mental Health & Wellness, Youth Programming WAOU’s job training program addresses a gap in access to educational opportunities and training for at- risk youth that need pathways to in-demand and high paying jobs. Historically, African American and Latino students are underrepresented in the college majors that have the highest labor market returns such as engineering or computer science (Public Policy Institute). 80% of high school seniors in the Coachella Valley do not enroll in 4-year universities due to its geographic isolation. We are guided by the principles that to erase violence, we need to substitute productivity and we are not just training young people for jobs, we are helping them to execute their calling.
WAOU’s program increases “hireability” and employability by offering a curriculum that is rooted in industry standards and provides transferable and highly marketable skills. There are multiple examples of this model of workforce development program in the United States that have found success by combining work readiness training, mentoring, coaching, paid internships/work experience and job placement. For example, Year Up and Per Scholas with locations nationally and Project Quest in San Antonio (Nelson, NY Times). After a thorough assessment of strengths, areas of improvement, barriers to success, skills and interests, the participant’s bespoke prescription for success is generated. The core pillars of our holistic program include:
Practical Skills: Students will be connected to apprenticeships, certificate programs, and associate degree programs for in-demand jobs in healthcare, advanced manufacturing and trades, cybersecurity, and information technology.
Life Skills: Practical skills will be enhanced by a life skills curriculum and coursework, provided by WAOU, with a focus on producing critical thinkers that are resilient, creative, collaborative, and adept at communicating efficiently and effectively. The life skills program will include courses in topics such as - critical thinking, problem solving, empathy, emotional intelligence, career readiness (writing a resume, interview skills, effective communication, networking), team dynamics, business acumen, entrepreneurial mindset, leadership, time management, and discipline.
Mentoring: Participants in the program will be able to connect one-on-one with a personal mentor to set goals, receive guidance on topics spanning career, education options, and personal growth. WAOU plans to schedule a speaker series with community leaders, entrepreneurs, and thought leaders to introduce them to varying pathways and to broaden their career and prospects.
Internships/Apprenticeships: WAOU will create robust industry partnerships to connect youth to paid apprenticeships and internships. In this way, young people in the program will be able to gain hands-on paid work experience that will prepare them for the post pandemic world and the ever-changing world of work.
Job Placements & Alumni Program: Internships and apprenticeships ease and open pathways to full- time work, and WAOU will help our participants navigate this transition by connecting program participants with job placements. WAOU will create a robust alumni network to ensure sustainability of the program and to maintain a steady pipeline of future mentors, coaches, supporters, and industry partners. We will integrate our workforce development programs in the community to help create employment and business opportunities that have been proven in high violence communities to be the solution in violence reduction and long-term community transformation. We will be increasing the Item 3B - Page 12
7 number of jobs in the community and promoting careers and services that support the needs of those most impacted by COVID, technology, and changes in the economy Mental Health/Wellness/Youth Programming
Youth clients and their families will engage in psychosocial education to gain an increased understanding of key components and features of client’s challenges and strengths. Clients will work with intervention specialists to connect with mental health programs, and families will be educated on the current state of the client until licensed professionals or psychiatric resources and community-based support services will take over the case. Intervention specialists will focus on using positive language, reframing hope, appreciation and gratefulness as victims and staff build supportive listening skills. Through collaboration with organizations such as the Palm Springs Boys and Girls Club and the City of Palm Springs Parks & Recreation Department, we will augment afterschool programs by providing expanded afterschool activities, extended hour weekday and weekend recreation opportunities including a media and music studio, STEAM, VR experiences, and gaming tournaments in a safe space. Additionally, activities such as spoken word, book clubs, motivational speakers, field trips, and music and arts will add cultural enrichment to our programming.
Virtual Cafes and forums will facilitate discussion of important issues in the community, and we will be convening mixers that invite people from different communities to come together in a space where they can build relationships and share aspirations. add counseling, activities and group discussions that will be an integral part of addressing the trauma and criminal legacy experienced by those impacted by juvenile gang activities. Our programming will include mental health specialists, trained coaches, and health and wellness practitioners to teach mindfulness, stress management and resilience.
Phase 3 – Leave a Legacy Leadership Challenge
WAOU’s Leave a Legacy Leadership Challenge is a one-year program that uplifts youth who have shown promise in WAOU’s other programs and willingness to overcome challenges, to turn their passion for community into becoming leaders and agents of change. This program is a sustainable solution to creating long-lasting viable change within the community by creating a pipeline of future leaders and advocates that will continue the work for future generations.
WAOU’s Leadership Challenge will combine intensive leadership training in classes such as project management, public speaking, conflict mediation, professional networking, business writing, multimedia skills, event planning, evaluating impact, and cultural identity with a yearlong capstone project that will focus on creating a social enterprise to address a social problem faced by the community. Students will also be able to practically apply their knowledge with paid internships at We Are One United or other CBOs working on the forefront of social, economic, and environmental justice issues.
Our goal is to create an economic development mindset within the community. By providing access to tools, mentoring, and coaching the beneficiaries of our programs will be able to engage in the creation of opportunities for the community. These opportunities would include starting worker-owned businesses (such as childcare centers, barber and beauty salons, restaurants, etc.), investing in a credit union, and creating a supermarket.
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8 Organizational Capacity
We Are One United, Inc. (WAOU) brings nearly 70 years of experience in community engagement and organizational development to offer training, talent, and technology for underserved communities to create sustainable, inclusive opportunities.
Mr. John Epps is the Founder -in-Residence of We Are One United Inc. Mr. Epps previously served the Coachella Valley for eight years as a Consultant and Trainer for the Regional Access Project Foundation where he retired as Director for the Center for Nonprofit Advancement. In this role, he worked with large and small nonprofit organizations in the area to facilitate their strategic planning, organizational development, and capacity building efforts. Mr. Epps was an Instructor for the University of California, Riverside Extension for 18 years teach ing a wide range of classes such as leadership, nonprofit management, and information technology courses. Mr. Epps was the Founder and Executive Director of Applied Principles for Service, a nonprofit organization that provided Education, Community Wellnes s, and Economic Development and he also developed a Welfare-to-Work Vocational Training program in San Bernardino, CA.
Quana Hall -Beverly is the Operations and Human Services Director of We Are One United, Inc. She possesses over 25 years of business development experience with Fortune 100 companies. Her specialties are training, coaching, and workforce and leadership development. Quana earned her BA in S ociology and Urban Planning from UCLA and holds a Nonprofit Management certification from UCR. Quana is passionate about education and empowering youth to meet their potential.
Jilska Chandrasena LMFT, is the Chief Policy & External Relations Officer of We are One United Inc. She is a Counselor and Rehabilitation Specialist for the Visually Impaired Community in the Coachella Valley and is currently the Ombudsman for the State of California for Long Term Care. During the Pandemic, she worked as a Virtual Teacher for Pediatric Therapeutics, and Charter Schools in Southern California. Jilska earned her bachelor's degree in social science from Chapman University and a master's degree in psychology, emphasizing Marriage and Family Therapy from Chapman University. She has worked as a Marriage and Family Therapist and a Mental Health provider for Urgent Care Crisis Center, Child Protective Services and the Regional Center. She has worked with clients afflicted with chronic and persistent mental illness, addiction s, dual diagnosis, codependency, crisis management, trauma due to vision loss, and children placed in foster care.
Vladana Hrivnakova-Gonzalez, is We Are One United’s Marketing & Communications Manager. She has a Master's degree in Audiovisual studies fro m her home country, Slovakia, and Professional Writing Master's degree from Falmouth University, United Kingdom. She started her career as a freelance writer for nonprofits and cultural organizations - an interest that transformed into a nearly decade -long career in nonprofit communications all over the world. After university, she spent 6 months in Kenya working as a Communications Officer for a local organization providing vocational training for young people in rural communities. Vladi has also worked fo r a non-profit in Plymouth, UK, focused on helping migrants. As a true nonprofit communications veteran, she is skilled in marketing, social media, and content management, with occasional graphic design and media work.
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CITY COUNCIL STAFF REPORT
10/17/2022
AN URGENCY ORDINANCE AND A NON-URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING
ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL
CONSUMER PRICE INDEX, WHICHEVER IS LOWER
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and read by title only.1.
Adopt an Urgency Ordinance entitled, “AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER”; or
2. Adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING ANNUAL
RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT
EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER.”
3. Justin Clifton, City Manager
Attachments
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CITY COUNCIL STAFF REPORT
DATE: O CTOBER 17, 2022 BUSINESS & LEGISLATIVE
SUBJECT: AN URGENCY ORDINANCE AND A NON- URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL
RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE
PERCENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER
IS LOWER
FROM: Teresa Gallavan, Interim City Manager
BY: Jeffrey S. Ballinger, City Attorney
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Adopt Urgency Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, PROHIBITING
ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER”; or
3. Adopt Ordinance No. ___, “ AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF P ALM SPRINGS, CALIFORNIA, PROHIBITING ANNUAL
RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER.”
SUMMARY:
The residents of the City of Palm Springs have expressed serious concern over significant rent increases and have demanded “rent control”. Rent Control already exists statewide per 2020’s Assembly Bill 1482 Tenant Protection Act (discussed below). The first problem with it is that people are not aware of it. Second, there is no clear, easy way to enforce it.
Staff believes there is value in seeking to enforce the Tenant Protection Act because it offers opportunities to address substandard housing, wrongful evictions, and illegal rent increases. However, an additional rent control policy will most likely be ineffective to close Item 3C - Page 1
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the affordability gap, which is the primary problem with housing costs for many of Palm Springs’ residents. Rent control slows the rate of rent increases , but it will not decrease the cost of housing.
This report discusses the various causes that have led to the reality that the average resident cannot afford the cost of housing. Essentially, wages and income have remained relatively stagnant in Palm Springs when compared with housing prices, including rent, which has increased exponentially.
1 The median home price in Palm Springs
(approximately $400,000 by the U.S. Census Bureau’s estimate) is almost double the national average of $229,800.
2 And in fact, the U.S. Census Bureau data likely does not reflect the most recent housing surges; one mortgage broker report estimates that the median price of all homes sold in Palm Springs over the last 12 months has been just over $600,000.
3 This disconnect between median income and median home price/rental rates has led to a variety of social ills including substandard housing, overcrowding, unaffordable rents and, in some cases, homelessness.4 Landlords who illegally increase rents exacerbate the problem.
The report also discusses the history of rent control and its effectiveness to cure some of these social ills. Staff also reviews the current state of legislation in California, including the Costa Hawkins Act and the Ellis Act, which significantly preempt new rent control policy beyond the existing Tenant Protection Act enacted by the State of California in 2020.
A rent stablization ordinance will help address rising residential rent prices in Palm Springs. This agenda item provides the City Council with the opportunity to adopt either an urgency ordinance, establishing rent control effective immediately, or a regular (non- urgency) ordinance, establishing rent control, which would become effective 30 days following the second reading of such ordinance.
DESCRIBING THE PROBLEM:
The housing affordability gap in Palm Springs is significant, where residents earning the median income cannot afford the prevailing rents or to acquire a home at the median home price. Such a condition leads to overcrowding, substandard living conditions, and,
1 For instance, a U.S. Census Bureau report on Palm Springs provides that the median household income from 2016 - 2020 (in 2020 dollars) was $57,916, and that 16.4% of the population in Palm Springs lives at or below the poverty line, but the median value of an owner-occupied housing unit during that same time was nearly $400,000, and the median gross rent is $1,199. See:
https://www.census.gov/quickfacts/fact/table/palmspringscitycalifornia/INC110220 .
2 See: https://www.census.gov/quickfacts/fact/table/US/PST045221. 3 See: https://www.rockethomes.com/real-estate-trends/ca/palm-springs. 4 Riverside County completed a “point in time” homelessness survey on February 23, 2022, which (although not a perfect metric for accounting for all homeless individuals) demonstrated that at least 222 people were homeless in Palm Springs on that date, a 20% increase from 2022 and the highest in Riverside County after the City of Riverside. See:
https://countyofriverside.maps.arcgis.com/sharing/rest/content/items/3a90f8d95b5a4cf9a2d87c81cd8484e1/data .
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in some cases, homelessness. The contributing factors to the housing affordability gap include income, housing prices, total housing units available , owner vs rental rates, age of units, and vacancy r ates. As a result, the growing gap between increasing housing costs and stagnant wages means that there are many residents in Palm S prings who cannot afford the housing costs. To address this problem, Staff turned to existing laws affecting rent control.
FRAMEWORK AND EXISTING LAWS AFFECTING TENANT PROTECTION STRATEGIES AND RENT CONTROL:
In summary , there are three existing laws that greatly impact rent control and tenant protection measures in California that will be described further in this report:
• 1985 Ellis Act
• 1995 Costa Hawkins Rental Housing Act
• 2019 Tenant Protection Act
What is Rent Control?
Rent control is part of a system of rent regulation, administered by a court or a public authority, which limits the changes that can be made in the price of renting a house or other real property. Modern rent controls are intended to protect tenants in privately owned residential properties from excessive rent increases by mandating gradual rent increases, while at the same time ensuring that landlords receive a return on their investment that is deemed fair by the controlling authority, which might, or might not be a legislature. Rent control slows the rate of rent increases, but it will not decrease the cost of housing. Rent control laws are used in approximately forty countries, although they often vary from one country to another, and may vary from one jurisdiction to another within some countries.
The Ellis Act; 1985
The Ellis Act was enacted by the State Legislature in 1985. The Ellis Act prohibits any public entity from requiring apartment owners to continue offering their dwellings for rent or lease. The Ellis Act also defines the criteria under which the owners of apartments that are subject to rent control ordinances can remove the dwellings from the rental inventory.
Local entities are permitted to place various restrictions on the landlord's process of going out of business. For instance, cities may require landlords to file a "notice of intent to withdraw," provide the city with information about the tenancy (such as names of tenants, dates of commencement, and rental rates). Cities may require the payment of relocation assistance "to mitigate any adverse impact on persons displaced" or an extension of the termination date of tenancies from the standard 120 days to a full year from the commencement of the withdrawal process if tenants claim to be at least 62 or disabled.
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The Costa Hawkins Rental Housing Act; 1995
In 1995, California approved and enacted the Costa Hawkins Rental Housing Act, which sought to protect the rights of landlords and their continued ability to develop housing.
The Costa Hawkins Rental Housing Act preempted rent control for multi-family units built after February 1995. The Costa Hawkins Rental Housing Act also prohibits vacancy control. However, the Costa Hawkins Rental Housing Act does not fully bar local rent control and allows local jurisdictions to set annual limits on rent increases on m ultifamily apartment units built before 1995 while an existing tenant continues to live in the unit.
Several attempts to overhaul or repeal the Costa Hawkins Rental Housing Act have failed including the recently proposed Proposition 21, the Rental Affordability Act, which would have re-empowered local jurisdictions to adopt new rental control ordinances. Proposition 21, the Rental Affordability Act, was not authorized by the California electorate.
The Tenant Protection Act (AB 1482); 2020 – 2030
California adopted a new statewide rent control policy known as the Tenant Protection Act or Assembly Bill 1482. The Tenant Protection Act became effective in January 2020 and expires in January 2030.
The Tenant Protect Act applies to rental units that were built more than fifteen years ago and are not a hotel, owned by a nonprofit, student dormitories, a duplex where the landlord lives in one of the units, deed restricted, or a single-family home not owned by a corporation.
The Tenant Protection Act affects tenants in two main ways. First, AB 1482 limits rent increases and second imposes “Just Cause” protection to existing tenants. Rent increases are limited as follows:
1. Rent cannot be increased more than 5% plus local consumer price index or 10% maximum.
2. Rent can only be increased two times within any given twelve-month period.
3. A master tenant cannot sublease at a higher rental rate.
4. In order to raise rent, landlords must provide written notice.
5. There is no vacancy control.
The Tenant Protection Act also requires Just Cause eviction protection to tenants if all the tenants of a rental unit have lived there for twelve months or longer. The Tenant Protection Act does not contain an explicit grant of authority to local governments to enforce its provisions.
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Ordinance Prohibiting Annual Residential Real Property Rental Rate Increases
DISCUSSION:
The City Attorney’s office researched and reviewed different California local government rent stabilization and tenant protection programs along with the Ellis Act, Costa Hawkins Rental Act, and the California Tenant Protection Act (AB 1482) to develop an ordinance.
The proposed r ent stabilization ordinance closely align s with state law and prevents extraordinary increases in rent that can be devastating to certain portions of the population.
Rent Stabilization Ordinance
The draft Rent Stabilization Ordinance (“RSO”) does the following:
1) Prohibits increases in rent on certain residential real property in the city in excess of ten percent (10%) or five percent (5%) plus local consumer price index, whichever is lower.
a) This is consistent with the Tenant Protection Act , which allows for annual rent increases of no more than 5% plus the percentage change in the cost of living for the region in which the property is located, or 10% whichever is lower.
2) Prohibits more than one rent increase in any twelve (12) month period, unless expressly exempt by state law.
a) This is more protective than the Tenant Protection Act in that the rent increase can only be done once per year.
3) Requires written notice of rent increase consistent with the Tenant Protection Act.
4) Allows a landlord to appeal the rental increase limitation based on a claim for fair rate of return to the Rent Review Commission, which provides more protection than the Tenant Protection Act.
5) Establishes that rent increase restrictions do not apply to certain dormitories, certain residential real property that is owner occupied, units regulated by the City’s current rent control measures , transient occupancies, and institutional facilities.
6) Makes clear that rent increases shall not be effective where a landlord:
a) Fails to substantially comply with all provisions of the RSO, including but not limited to the failure to provide notices as required; or Item 3C - Page 5
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Ordinance Prohibiting Annual Residential Real Property Rental Rate Increases
b) Fails to maintain the residential real property in compliance with safety and habitability requirements (California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10); or c) Fails to make repairs ordered by the City or court of competent jurisdiction.
7) Establishes that violations of any provision of the RSO shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction.
8) E stablishes a fee for those residential units that are subject to the RSO.
9) Provides that i ncreases in security deposits will be subject to the above provisions regarding rent increases.
10) Prohibits landlords demanding or receiving security deposit more than one (1) months’ rent in the case of unfurnished residential property, and two (2) months’ rent in the case of furnished residential property.
Before the City Council tonight is both an urgency ordinance as well as a regular (non- urgency) ordinance, both establishing rent control. The difference between the two ordinances is that the urgency ordinance, if adopted, will become effective immediately, whereas the regular (non- urgency) ordinance will become effective thirty days following the second reading of the ordi nance. In addition, the urgency ordinance requires a 4/5 vote of the City Council . Additionally, in some cases, cities will adopt both the urgency ordinance as well as the regular ordinance.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environ ment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This proposed ordinance, concerning certain obligations of public officials and applicants is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This action aligns with the Strategic Plan 1C – Expand Housing Affordability, by expanding housing policies, namely a rent control ordinance.
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FISCAL IMPACT:
This proposed ordinance is not expected to have any significant financial impacts.
REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Proposed Urgency Ordinance
B. Proposed Regular (non-urgency) Ordinance
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ATTACHMENT A
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ATTACHMENT B
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URGENCY ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS , CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY
RENTAL RATE INCREASES THAT EXCEED TEN
PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL
CONSUMER PRICE INDEX, WHICHEVER IS LOWER
City Attorney’s Summary
This ordinance establishes a residential rental increase cap of ten percent (10%), or 5% plus local consumer price index , whichever is lower, subject to some exceptions contained in this ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of Palm Springs hereby finds, determines, and declares as follows:
A. There is a shortage of and an increasing demand for all types of housing in the City of Palm Springs (“Palm Springs” or “City”). This circumstance, coupled with the rising cost of developing new housing, the unavailability of land, and other factors, has put substantial upward pressure on residential rents.
B. The increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families, which may result in eviction and displacement.
C. Studies have shown that evictions play an impactful role in the lives of low-income renter households and can also contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children.
Moreover, an eviction can remain on a renter’s credit history for at least seven years, impacting one’s ability to rent and find employment opportunities.
D. The Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq. (the “Costa-Hawkins Rental Housing Act”) , limits but does not preempt the applicability of local rent stabilization policies . See, e.g., People v. Tannenbaum (1994) 23 Cal.App.4th Supp. 6 , 10 (no preemption of local regulation on rental security deposits). The Costa-Hawkins Rental Housing Act does, however, prohibit local jurisdictions from applying rent stabilization to certain residential rental properties. This Ordinance intends to comply with the Costa- Hawkins Rental Housing Act, and all other applicable state and federal laws.
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E. Increasing the number of homeless residents in Palm Springs, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk.
F. The economic conditions and recognized housing shortage in Southern California have the potential to detrimentally impact a substantial number of residents in Palm Springs, and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in Palm Springs.
G. The City finds it necessary to implement this Ordinance to facilitate the establishment of fair and reasonable rents within the City, to maintain the character and quality within the City, to prevent excessive and unreasonable rent increases, and for residential real property owners to receive a fair and reasonable return on their investment.
H. The Mobilehome Residency Law (“MRL”), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions.
I. Through Palm Springs Municipal Code (“ City Code ”) Chapter 4.08, the City previously established a rent stabilization system for mobile home parks, and the City Council desires to leave that system intact.
J. The City previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to amend the rent stabilization policies to protect residents from unreasonable rent increases, while ensuring that the owners of residential real property may earn a fair and reasonable return on their property.
K. The definition of “Rent” in Chapter 4.02 includes, among other things, security deposits. See City Code Section 4.02.020(2).
L. Pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, as well as the City’s charter city authority under Article XI, section 5, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.
M. California Government Code Section 36937 authorizes the City Council to adopt, by a four -fifths vote, an urgency ordinance that is necessary for the immediate preservation of the public peace, health, or safety.
N. It is necessary that this Ordinance shall go into effect as an emergency measure immediately upon its passage in order to alleviate the economic hardship imposed upon tenants in residential real property caused by increasing rents. The immediate implementation of the provisions of this Ordinance is in the interest of Item 3C - Page 11
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public health, safety, and general welfare because without this rent stabilization measure, residential tenants, many who live on fixed or limited incomes, may be forced to vacate their residences and seek alternative forms of housing. Further, the imposition of rent stabilization regulations contained herein are necessary in order to avoid the potentially excessive and unreasonable rent increases that may otherwise occur in the absence of the immediate effectiveness of this Ordinance.
O. Based on the foregoing facts, and the facts presented to the City Council at the meeting at which this Ordinance is introduced and adopted, the City Council finds that allowing owners of residential real property to have unfettered discretion to increase rents would pose a threat to the public health, safety, and welfare, and that a prohibition of rent increases (and corresponding security deposit increases), except as allowed herein, is therefore necessary.
P. The City Council hereby adopts these regulations in order to address the threats set forth below.
1. Absent the adoption of this Ordinance, as a result of the economic conditions and recognized housing shortage in Southern California, significant rent and security deposit increases will impact a substantial number of residents in Palm Springs and constitute a threat to public health, safety, and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City;
2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an urgency ordinance stabilizing rents for all of the reasons set forth in the recitals above, which are hereby incorporated by reference; and
3. Certain aspects of public health, safety, and welfare are not adequately protected by the City’s existing rent stabilization ordinance because of that ordinance’s limited scope, and it is in the interest of the City, owners, residents, and the community as a whole that the City adopt regulations to protect affordable housing within the City, including, but not limited to, rent stabilization regulations applicable to residential real property generally.
Q. A ny amendments or supplements, and oral testimony, shall constitute t he necessary findings for this Ordinance.
R. The City Council finds, determines, and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of this Ordinance.
Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constit ute a substantive part of this Ordinance, and are incorporated herein by this reference.
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Section 3. Chapter 4.10, is hereby added in its entirety to the Palm Springs Municipal Code to read as follows:
“Chapter 4.10: RENT STABILIZATION
4.10.010. Citation.
This chapter shall be known as the “ 2022 Rent Stabilization Ordinance.”
4.10.020. Application.
This chapter shall supplement the C ity’s current rent control measures in place at Chapter 4.08 by enforcement, interpretation, and further regulation pursuant to 4.08.140. Chapter 4.08 shall continue to apply for those residential rental units covered by Chapter 4.08. For those residential rental units exempt or otherwise excluded under Chapter 4.08, this chapter shall apply unless such residential rental units are exempt as provided by this chapter.
4.10.030. Prohibited Increases; Restrictions on Security Deposits.
Increases in rent on residential real property in the C ity of Palm Springs in excess of ten percent ( 10%), or five percent (5%) plus local consumer price index, whichever is lower, and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa- Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq.
Increases in security deposits shall be subject to the above prohibition on rent increases. In additio n, a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one (1) months’ rent, in the case of unfurnished residential property, and an amount equal to two (2) months’ rent, in the case of furnished residential property.”
4.10.040. Reasonable Rate of Return.
This ordinance allows for an annual adjustment of residential real property rent of up to ten percent (10%) , or five percent (5%) plus local consumer price index, whichever is lower. Such an increase is found and determined to provide a just and reasonable return on an owner’s property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose Item 3C - Page 13
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of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any owner of residential real property who contends that the limit on rental increases set forth in 4.10.030 above will prevent the owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 4.10.0 30 pursuant to the procedures set forth in section 4.10.050.
4.10.050. Fair Return Petition for Rent Increase.
(A) An owner of residential real property may petition for a rent increase in excess of that provided in section 4.10.03 0 in order to obtain a fair and reasonable return on their property (“Fair Return Petition”). Such Fair Return Petition shall be on an application form prescribed by the City and shall be decided by the Rent Review Commission. Owner shall provide a copy of any Fair Return Petition submitted to the City to the applicable tenant(s) and provide City with proof of completing such service to the applicable tenant(s). The tenant(s) will then have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition. The applicant shall bear the burden of establishing that a rate increase in excess of that provided in section 4.10.030 is necessary to provide the applicant with a fair and reasonable return on their property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
(B) Applicant shall be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the Rent Review Commission shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the applicant’s request. If the Rent Review Commission so determines, the Re nt Review Commission shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the applicant, and the Fair Return Petition shall not be processed until the applicant has paid to the city the estimated cost of the complete analysis. City will provide applicant with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the applicant. If additional funds are required, payment will be required before applicant receives the determination on the Fair Return Petition from the City.
(C) The factors the Rent Review Commission may consider in deciding a Fair Return Petition may include, but not be limited to:
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(1) Changes in the most local Consumer Price Index
published by the Bureau of Labor Statistics.
(2) The rent lawfully charged for comparable residential real property or mobile home spaces in the city.
(3) The length of time since the last determination by the Rent Review Commission on a rent increase
application, or the last rent increase if no previous rent increase application has been made.
(4) The completion of any capital improvements or
rehabilitation work related to the residential real
property or mobile home space or spaces specified in
the Fair Return Petition, and the cost thereof, including materials, labor, construction interest, permit fees, and other items the Rent Review Commission deems
appropriate.
(5) Changes in property taxes or other taxes related to the subject residential real property or mobile home park.
(6) Changes in the rent paid by the applicant for the lease of the residential real property or land on which the
subject mobile home park is located.
(7) Changes in the utility charges for the subject residential real property or mobile home park paid by the
applicant, and the extent, if any, of reimbursement from the tenants.
(8) Changes in reasonable operating and maint enance
expenses.
(9) The need for repairs caused by circumstances other
than ordinary wear and tear.
(10) The amount and quality of services provided by the applicant to the affected tenant(s).
(11) Any existing written lease lawfully entered into between the applicant and the affected tenant(s).
(D) A Fair Return Petition shall be decided by the Rent Review Commission within ten (10) days following the close of evidence, including proof of service of the Fair Return Petition on the applicable tenant(s) . The Item 3C - Page 15
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decision shall be emailed and sent by mail, with proof of mailing to the subject property owner, the owner's designated representative(s) for the Fair Return Petition, and a designated representative of the tenant(s). The decision of the Rent Review Commission shall be final and not appealable.
(E) If the Rent Review Commission is unavailable for any reason, the Fair Return Petition shall be decided by a hearing officer , selected by the City Manager, which hearing officer shall conduct its review pursuant to the procedures set forth in this section.
(F) Notwithstanding any provision contained in this Code, the decision of the Rent Review Commission or hearing officer shall be the final administrative decision of the City, with no right of review by the City Council.
4.10.060. Exemptions.
(A) Pursuant to the Costa- Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa- Hawkins Rental Housing Act addressing exemptions, as applicable.
(B) Pursuant to the Tenant Protection Act of 2019, California Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12,
inclusive, school.
(C) The provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) A unit subject to City Code Chapter 4.08.
(2) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to
transient guests for a period of less than 30 days; and other transient occupancies as defined i n California
Civil Code section 1940, subdivision (b).
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(3) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless
persons as defined in California Civil Code section
1954.12; a convent or monastery owned and operated
by a religious organization; and a fraternity or sorority house affiliated with a college or university.
(4) Housing accommodations which a government agency
or authority owns, operates, or manages, or that state
or federal law or administrative regulation specifically preempt from municipal rent regulation.
(5) A unit that the owner or the owner’s immediate family occupied as their principal place of residence at the
beginning of the tenancy so long as the owner or the
owner’s immediate family continues in occupancy.
Immediate family is limited to the owner’s spouse,
parents, children, grandparents, gr andchildren,
brothers, sisters, aunts, uncles, nieces, and nephews.
4.10.070. Rent Increase Ineffective.
No rent increase shall be effective if the owner:
(A) Fails to substantially comply with all provisions of this chapter, including but not limited to the failure to provide notices as required by this chapter; or
(B) Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10 as determined as determined by the City or court of competent jurisdiction; or
(C) Fails to make repairs ordered by the City or court of competent jurisdiction.
4.10.080. Notice Requirements.
(A) An owner of any residential real property subject to this chapter shall, on or before the date of commencement of a tenancy, give the tenant a written notice which must include the following information:
(1) The existence and scope of this Chapter 4.10 of the City Code; and
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(2) The tenant’s right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 4.10.050.
(B) As part of any notice to increase rent, an owner must include:
(1) Notice of the existence of this Chapter 4.10 of the City Code; and
(2) The tenant’s right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 4.10.050 unless such rent increase is pursuant to an approved Fair Return Petition.
(3) No rent increase shall take effect until the requirements of this chapter have been met.
(C) The owner must give notices to the tenant in the language that the owner and tenant used to negotiate the terms of the tenancy.
4.10.090. Definition of Rent.
For the purposes of this chapter, “Rent” means all periodic payments, as well as any security deposit, and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the owner under an agreement concerning the use or occupancy of residential real property, including all payment and consideration demanded or paid for parking, pets, furniture, and subletting.
4.10.100. Violations.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this chapter . The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in City Code Chapter 1.10.
(b) Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this chapter shall be liable in a civil action to the tenant from whom such payment is demanded, accepted, or retained for damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court.
4.10.110. Fee Established.
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Those subject to this Ordinance shall pay the rent stabilization fee as established by City Council resolution. The rent stabilization program fee is to fund the City’s cost to implement and enforce the provisions of this Ordinance.
4.10.120. Administrative Regulations.
The City Manager and their designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.”
Section 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines.
Section 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.
Section 6. The City Council hereby declares that this Ordinance is necessary as an urgency measure in order to provide for the immediate preservation of the public peace, health and safety based upon the findings of fact hereinbefore made. Therefore, this Ordinance is hereby declared to be an urgency measure and shall become effective immediately upon its adoption in accordance with Government Code Section 36937(b).
Prior to the expiration of fifteen (15) days from the passage of this Ordinance, the Ordinance, or a summary of the Ordinance, shall be published at least once in a newspaper of general circulation within the City.
Section 7. The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Palm Springs, State of California, held on the 178th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Lisa Middleton, Mayor
ATTEST:
Brenda Pree, City Clerk
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROHIBITING ANNUAL
RESIDENTIAL REAL PROPERTY RENTAL RATE
INCREASES THAT EXCEED TEN PERCENT (10%) , OR
FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE
INDEX, WHICHEVER IS LOWER
City Attorney’s Summary
This ordinance establishes a residential rental increase cap of ten percent (10%), or 5% plus local consumer price index , whichever is lower, subject to some exceptions contained in this ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of Palm Springs hereby finds, determines, and declares as follows:
A. There is a shortage of and an increasing demand for all types of housing in the City of Palm Springs (“Palm Springs” or “City”). This circumstance, coupled with the rising cost of developing new housing, the unavailability of land, and other factors, has put substantial upward pressure on residential rents.
B. The increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families, which may result in eviction and displacement.
C. Studies have shown that evictions play an impactful role in the lives of low-income renter households and can also contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children.
Moreover, an eviction can remain on a renter’s credit history for at least seven years, impacting one’s ability to rent and find employment opportunities.
D. The Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq. (the “Costa-Hawkins Rental Housing Act”) , limits but does not preempt the applicability of local rent stabilization policies . See, e.g., People v. Tannenbaum (1994) 23 Cal.App.4th Supp. 6 , 10 (no preemption of local regulation on rental security deposits). The Costa-Hawkins Rental Housing Act does, however, prohibit local jurisdictions from applying rent stabilization to certain residential rental properties. This Ordinance intends to comply with the Costa- Hawkins Rental Housing Act, and all other applicable state and federal laws.
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E. Increasing the number of homeless residents in Palm Springs, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk.
F. The economic conditions and recognized housing shortage in Southern California have the potential to detrimentally impact a substantial number of residents in Palm Springs, and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in Palm Springs.
G. The City finds it necessary to implement this Ordinance to facilitate the establishment of fair and reasonable rents within the City, to maintain the character and quality within the City, to prevent excessive and unreasonable rent increases, and for residential real property owners to receive a fair and reasonable return on their investment.
H. The Mobilehome Residency Law (“MRL”), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions.
I. Through Palm Springs Municipal Code (“ City Code ”) Chapter 4.08, the City previously established a rent stabilization system for mobile home parks, and the City Council desires to leave that system intact.
J. The City previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to amend the rent stabiliz ation policies to protect residents from unreasonable rent increases, while ensuring that the owners of residential real property may earn a fair and reasonable return on their property.
K. The definition of “Rent” in Chapter 4.02 includes, among other things, security deposits. See City Code Section 4.02.020(2).
L. Pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, as well as the City’s charter city authority under Article XI, section 5, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.
M. A ny amendments or supplements, and oral testimony, shall constitute t he necessary findings for this Ordinance.
N. The City Council finds, determines, and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of this Ordinance.
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Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constit ute a substantive part of this Ordinance, and are incorporated herein by this reference.
Section 3. Chapter 4.10, is hereby added in its entirety to the Palm Springs Municipal Code to read as follows:
“Chapter 4.10: RENT STABILIZATION
4.10.010. Citation.
This chapter shall be known as the “ 2022 Rent Stabilization Ordinance.”
4.10.020. Application.
This chapter shall supplement the C ity’s current rent control measures in place at Chapter 4.08 by enforcement, interpretation, and further regulation pursuant to 4.08.140. Chapter 4.08 shall continue to apply for those residential rental units covered by Chapter 4.08. For those residential rental units exempt or otherwise excluded under Chapter 4.08, this chapter shall apply unless such res idential rental units are exempt as provided by this chapter.
4.10.030. Prohibited Increases; Restrictions on Security Deposits.
Increases in rent on residential real property in the C ity of Palm Springs in excess of ten percent ( 10%), or five percent (5%) plus local consumer price index, whichever is lower, and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa- Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq.
Increases in security deposits shall be subject to the above prohibition on rent increases. In addition, a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one (1) months’ rent, in the case of unfurnished residential property, and an amount equal to two (2) months’ rent, in the case of furnished residential property.”
4.10.040. Reasonable Rate of Return.
This ordinance allows for an annual adjustment of residential real property rent of up to ten percent (10%) , or five percent (5%) plus local consumer price index, whichever is lower. Such an increase is found and determined to provide a just and reasonable return on an owner’s property, Item 3C - Page 23
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and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of c urtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any owner of residential real property who contends that the limit on rental increases set forth in 4.10.030 above will prevent the owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 4.10.0 30 pursuant to the procedures set forth in section 4.10.050.
4.10.050. Fair Return Petition for Rent Increase.
(A) An owner of residential real property may petition for a rent increase in excess of that provided in section 4.10.03 0 in order to obtain a fair and reasonable return on their property (“Fair Return Petition”). Such Fair Return Petition shall be on an application form prescribed by the City and shall be decided by the Rent Review Commission. Owner shall provide a copy of any Fair Return Petition submitted to the City to the applicable tenant(s) and provide City with proof of completing such service to the applicable tenant(s). The tenant(s) will then have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition. The applicant shall bear the burden of establishing that a rate increase in excess of that provided in section 4.10.030 is necessary to provide the applicant with a fair and reasonable return on their property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
(B) Applicant shall be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the Rent Review Commission shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the applicant’s request. If the Rent Review Commission so determines, the Rent Review Commission shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the applicant, and the Fair Return Petition shall not be processed until the applicant has paid to the city the estimated cost of the complete analysis. City will provide applicant with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the applicant. If additional funds are required, payment will be required before applicant receives the determination on the Fair Return Petition from the City.
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(C) The factors the Rent Review Commission may consider in deciding a Fair Return Petition may include, but not be limited to:
(1) Changes in the most local Consumer Price Index
published by the Bureau of Labor Statistics.
(2) The rent lawfully charged for comparable residential real property or mobile home spaces in the city.
(3) The length of time since the last determination by the Rent Review Commission on a rent increase
application, or the last rent increase if no previous rent increase application has been made.
(4) The completion of any capital improvements or
rehabilitation work related to the residential real
property or mobile home space or spaces specified in
the Fair Return Petition, and the cost thereof, including materials, labor, construction interest, permit fees, and other items the Rent Review Commission deems
appropriate.
(5) Changes in property taxes or other taxes related to the subject residential real property or mobile home park.
(6) Changes in the rent paid by the applicant for the lease of the residential real property or land on which the
subject mobile home park is located.
(7) Changes in the utility charges for the subject residential real property or mobile home park paid by the
applicant, and the extent, if any, of reimbursement from the tenants.
(8) Changes in reasonable operating and maintenance
expenses.
(9) The need for repairs caused by circumstances other
than ordinary wear and tear.
(10) The amount and quality of services provided by the applicant to the affected tenant(s).
(11) Any existing written lease lawfully entered into between the applicant and the affected tenant(s).
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(D) A Fair Return Petition shall be decided by the Rent Review Commission within ten (10) days following the close of evidence, including proof of service of the Fair Return Petition on the applicable tenant(s). The decision shall be emailed and sent by mail, with proof of mailing to the subject property owner, the owner's designated representative(s) for the Fair Return Petition, and a designated representative of the tenant(s). The decision of the Rent Review Commission shall be final and not appealable.
(E) If the Rent Review Commission is unavailable for any reason, the Fair Return Petition shall be decided by a hearing officer , selected by the City Manager, which hearing officer shall conduct its review pursuant to the procedures set forth in this section.
(F) Notwithstanding any provision contained in this Code, the decision of the Rent Review Commission or hearing officer shall be the final administrative decision of the City, with no right of review by the City Council.
4.10.060. Exemptions.
(A) Pursuant to the Costa- Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa- Hawkins Rental Hous ing Act addressing exemptions, as applicable.
(B) Pursuant to the Tenant Protection Act of 2019, California Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12,
inclusive, school.
(C) The provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) A unit subject to City Code Chapter 4.08.
(2) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to
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transient guests for a period of less than 30 days; and other transient occupancies as defined in California
Civil Code section 1940, subdivision (b).
(3) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless
persons as defined in California Civil Code section
1954.12; a convent or monastery owned and operated
by a religious organization; and a fraternity or sorority house affiliated with a college or university.
(4) Housing accommodations which a government agency
or authority owns, operates, or manages, or that state
or federal law or administrative regulation specifically preempt from municipal rent regulation.
(5) A unit that the owner or the owner’s immediate family occupied as their principal place of residence at the
beginning of the tenancy so long as the owner or the
owner’s immediate family continues in occupancy.
Immediate family is limited to the owner’s spouse,
parents, children, grandparents, gr andchildren,
brothers, sisters, aunts, uncles, nieces, and nephews.
4.10.070. Rent Increase Ineffective.
No rent increase shall be effective if the owner:
(A) Fails to substantially comply with all provisions of this chapter, including but not limited to the failure to provide notices as required by this chapter; or
(B) Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10 as determined as determined by the City or court of competent jurisdiction; or
(C) Fails to make repairs ordered by the City or court of competent jurisdiction.
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4.10.080. Notice Requirements.
(A) An owner of any residential real property subject to this chapter shall, on or before the date of commencement of a tenancy, give the tenant a written notice which must include the following information:
(1) The existence and scope of this Chapter 4.10 of the City Code; and
(2) The tenant’s right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 4.10.050.
(B) As part of any notice to increase rent, an owner must include:
(1) Notice of the existence of this Chapter 4.10 of the City Code; and
(2) The tenant’s right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 4.10.050 unless such rent increase is pursuant to an approved Fair Return Petition.
(3) No rent increase shall take effect until the requirements of this chapter have been met.
(C) The owner must give notices to the tenant in the language that the owner and tenant used to negotiate the terms of the tenancy.
4.10.090. Definition of Rent.
For the purposes of this chapter, “Rent” means all periodic payments, as well as any security deposit, and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the owner under an agreement concerning the use or occupancy of residential real property, including all payment and consideration demanded or paid for parking, pets, furniture, and subletting.
4.10.100. Violations.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this chapter . The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infract ion, or civil injunction as provided in City Code Chapter 1.10.
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(b) Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this chapter shall be liable in a civil action to the tenant from whom such payment is demanded, accepted, or retained for damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court.
4.10.110. Fee Established.
Those subject to this Ordinance shall pay the rent stabilization fee as established by City Council resolution. The rent stabilization program fee is to fund the City’s cost to implement and enforce the provisions of this Ordinance.
4.10.120. Administrative Regulations.
The City Manager and their designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.”
Section 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines.
Section 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.
Section 6. T his Ordinance shall become ef fective thirty (30) days following its adoption.
Section 7. The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Palm Springs, State of California, held on the ____ day of ____________________, 2022, by the following vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
Lisa Middleton, Mayor
ATTEST:
Brenda Pree, City Clerk
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger
Item 3C - Page 30
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2022 BUSINESS AND LEGISLATIVE
SUBJECT: CONSIDERATION AND POSSIBLE ADOPTION OF A TEMPORARY
MORATORIUM ORDINANCE REGARDING VACATION RENTAL
PERMITS, AND PROVIDE DIRECTION REGARDING POSSIBLE
ADDITIONAL VACATION RENTAL REGULATIONS
FROM: Teresa Gallavan, Interim City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:
At the March 29 and September 29, 2022 City Council meetings, the City Council heard information and considered whether additional regulation of vacation rental uses within the City would be appropriate.
At the September 29, 2022 Council meeting, the Council requested additional information that the City Council believed would be helpful in the Council’s consideration and study of potential additional vacation rental regulations.
In addition, the City Council requested weekly updates regarding the number of vacation rental permits applied for and issued, in order to monitor whether the City’s public indications of its intent to study possible additional regulations might instigate a “rush” on vacation rental applications. As of October 6, 2022, there wer e a total of 2,519 vacation rental permits issued within the City, with 255 new vacation rental permit applications yet to be processed. And, since September 22, 2022 (the day that the September 29, 2022 City Council agenda was posted to the public), the C ity has received 79 new vacation rental permit applications.
This agenda item provides the City Council with the opportunity to consider establishing a temporary pause on the issuance of additional vacation rental permit s, pending the City’s study and evaluation of possible additional vacation rental regulations. In addition, this agenda item provides an opportunity for Council direction regarding what additional vacation rental regulations, if any, would be appropriate.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and Item 3D - 1
2. Introduce on first reading Ordinance No. ____, “ AN INTERIM URGENCY
ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE
ISSUANCE OF VACATION RENTAL (VR) PERMITS WITHIN THE CITY OF
PALM SPRINGS, PENDING A STUDY OF THE CITY OF PALM SPRINGS VACATION RENTAL REGULATIONS”; and
3. Provide direction regarding additional or different vacation rental regulations.
BACKGROUND:
The City of Palm Springs Zoning Code allows, with regulation, vacation rentals (sometimes called “VRs”) within residential zoning districts, subject to the requirements of Palm Springs Municipal Code Chapter 5.25. That Chapter includes a requirement for a vacation rental permit, as well as signific ant operational requirements, standards, and a rigorous vacation rental enforcement program.
As indicated at the March 29, 2022 and September 29, 2022 City Council meetings, the City Council of the City of Palm Springs is, with the input of the community and stakeholders, considering and studying whether different or additional regulations would be appropriate to avoid allowing vacation rentals to become a nuisance.
STAFF ANALYSIS:
Temporary Vacation Rental Permit Moratorium
There is concern that applications for vacation rental permits within Palm Springs will increase in response to the City Cou ncil’s public indications of its planned study of potential vacation rental regulations. More specifically, as of October 6, 2022, there were a total of 2,519 vacation rental permits issued within the City, with 255 new vacation rental permit applications yet to be processed. And, since September 22, 2022 (the day that the September 29, 2022 City Council agenda was posted to the public), the City has received 79 new vacation rental permit applications.
California’s Zoning and Planning Law provides for a me thod of establishing a temporary “pause” on the issuance of certain use permits, such as vacation rentals, while the City considers or studies possible ordinance changes. Specifically, California Government Code section 65858 provides that, w ithout following the procedures normally required prior to the adoption of a zoning ordinance (i.e., a planning commission consideration, a first reading, a second reading, and a thirty day effective date period) , the City C ouncil may, in order to protect the public saf ety, health, and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated zoning prop osal that the Council is considering or studying or intends to study.
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Such an urgency measure requires a 4/5 vote of the City Council for adoption. And, the interim moratorium will be of no further force or effect 45 days following its date of adoption. After a noticed public hearing, the City Council may extend the interim ordinance for 10 months and 15 days and may also subsequently extend the interim ordinance for one year. Any extension shall also require a four -fifths vote for adoption.
Not more than two extensions may be adopted.
Based on the foregoing, City staff believes that issuing additional vacation rental permits within the City, prior to the City’s study and evaluation of possible additional or different regulation of vacation rentals would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits is thus necessary. Therefore, should the City Council agree with this conclusion, it would be appropriate for the City Council to adopt the accompanying ordinance.
One significant issue to be decided would be the scope of the temporary moratorium, in terms of which pending applications it would apply to. The ordinance’s moratorium would not apply to those properties that have already been granted a vacation rental permit.
Additionally, the mo ratorium, as proposed, would not apply to homeshare permits, i.e., those short-term rentals for which the property owner resides and stays at the site while the property is being rented. But, with regard to those properties for which a permit has not been issued, but for which an application has been made, some options might include pausing the issuance of vacation permits that were applied for after the following dates:
• September 22, 2022 (the date that the September 29, 2022 Council agenda was posted)
• September 29, 2022 (the date of the City Council discussion of possible additional vacation rental regulations)
• October 10, 2022 (the date that the agenda for this agenda item was posted) • October 17, 2022 (the date of this agenda item)
These are but a few options that the City Council has with regard to the scope of the proposed moratorium.
Direction Regarding Vacation Rental Ordinance Revisions
As referenced above, this agenda item also provides the City Council with an opportunity to provide direction to City staff and the City Attorney, with regard to possible amendments to the City’s vacation rental ordinance, Palm Springs Municipal Code Chapt er 5.25.
Accompanying this staff report, as Attachment B, is the report that was presented to the City Council on September 29, 2022. The report was generated by the Vacation Rental Workgroup, which was convened following the March 29, 2022 City Council meeting.
Therefore, City staff and City Attorney seek direction from the City Council with regard to which, if any, revisions to the City’s vacation rental program would be warranted.
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ENVIRONMENTAL ASSESSMENT:
This Ordinance is not subject to the Californ ia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 ) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the con templated zoning study, and thereby maintains the status quo.
ALIGNMENT WITH STRATEGIC PLANNING:
This action is alignment with the City Council’s adopted Strateg ic Plan, Item 1E – Neighborhood Issues, which calls for a review of the City’s vacation program.
FISCAL IMPACT:
This action is not likely to have a significant fiscal impact on the City. The City may see a loss of additional transient occupancy tax from those properties that are prohibited from renting while the moratorium is in effect. However, this amount is not significant in the context of the City’s overall budget. And, assuming the moratorium ends at some point without a cap on the number of vacation rental permits, such a loss would be temporary.
REVIEWED BY:
Department Director: Veronica Goedhart
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Urgency Moratorium Ordinance
B. Vacation Rental Work Group Overview and Recommendations
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ATTACHMENT A
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INTERIM URGENCY ORDINANCE NO. _______
AN INTERIM URGENCY ORDINANCE ESTABLISHING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF
VACATION RENTAL (VR) PERMITS WITHIN THE CITY OF
PALM SPRINGS, PENDING A STUDY OF THE CITY OF
PALM SPRINGS VACATION RENTAL REGULATIONS
City Attorney’s Summary
This ordinance establishes a temporary (45 day) moratorium on the issuance of new vacation rental (VR) permits,
pending the completion of a study of potentially additional regulations on vacation rentals within the City.
WHEREAS, the City of Palm Springs Zoning Code allows, with regulation, vacation rentals (VRs) within residential zoning districts, subject to the requirements of Palm Springs Municipal Code Chapter 5.25, which includes a requirement for a vacation rental permit, as well as significant operational requirements and standards and a rigorous vacation rental enforcement program; and
WHEREAS, as indicated at the March 29, 2022 and September 29, 2022 City Council meetings, the City Council of the City of Palm Springs is, with the input of the community and stakeholders , considering and studying whether different or additional regulations would be appropriate to avoid allowing vacation rentals to become a nuisance; and
WHEREAS, there is concern that applications for vacation rental permits within Palm Springs will increase in response to the City Council’s public indications of its planned study of potential vacation rental regulations; and
WHEREAS, more specifically, a s of October 6, 2022, there were a total of 2,51 9 vacation rental permits issued within the City, with 255 new vacation rental permit applications yet to be processed; and
WHEREAS, since September 22, 2022 (the day that the September 29, 2022 City Council agenda was posted to the public) , the City ha s received 79 new vacation rental permit applications; and
WHEREAS, based on the foregoing, the City Council finds that issuing additional vacation rental permits within the City, prior to the City’s study and evaluation of possible additional or differe nt regulation of vacation rentals would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits is thus necessary.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES H EREBY ORDAIN AS FOLLOWS:
SECTION 1. Imposition of Temporary Moratorium and Findings.
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A. In accordance with the authority granted to the City of Palm Springs under Government Code Section 65858, f rom and after the date of this Ordinance, no new vacation rental permit shall be approved or issued for a short-term residential rental for a period of forty-five (45) days, except as provided below:
(1) Annual renewals of existing permits shall be permitted under Palm Springs Municipal Code Chapter 5.25; and
(2) Homeshare permits shall be permitted under Palm Springs Municipal Code Chapter 5.25.
B. This Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Palm Springs by Government Code Section 65858 and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are:
(1) as the density and frequency of vacation rentals have grown, neighboring Coachella Valley cities have received an increasing number of public nuisance complaints emanating from vacation rentals and have recently taken actions to ban or limit such rentals;
(2) excessive density and frequency of vacation rental s within the City may threaten the character of existing residential neighborhoods;
(3) the density and frequency of vacation rentals has gradually grown over the last several years; recent limits placed elsewhere in the Coachella Valley , as well as the City of Palm Springs own indications of potential additional regulation s, may cause a significant increase in applications for vacation rental permits in the City;
(4) the City requires time to study and evaluate the potential impacts of vacation rental s, including involving the public, to determine the necessary regulato ry re quirements to ensure that vacation rentals do not fundamentally alter the character of existing residential neighborhoods.
C. This moratorium shall not apply to properties for which an existing vacation rental permit has been issued and not revoked.
D. The City finds and declares that this moratorium is a reasonable and necessary measure designed to protect the important public purpose of the preservation of the public health, safety, and welfare.
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SECTION 2. Compliance with California Environm ental Quality Act. The City Council finds that this O rdinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change i n the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, dir ectly or indirectly; it prevents changes in the environment pending the completion of the contemplated zoning study, and thereby maintains the status quo.
SECTION 3. Severability. If any sente nce, clause, or phrase of this O rdinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each sentence, clause, or phrase thereof, irrespective of the fact that any one or more sentence, clause, or phrase be declared unconstitutional.
SECTION 4. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at a least four -fifths (4/5) vote of the Cit y Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in the Government Code.
SECTION 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Palm Springs.
SECTION 6. Report. City staff is instructed to prepare the report required by Government Code Section 6585 8 (d) describing the measures taken to alleviate the condition that led to this O rdinance’s adoption for presentation to the City Council no later than ten days prior to the expiration of this Ordinance.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS C ITY COUNCIL THIS 17TH DAY OF OCTOBER 2022
LISA MIDDLETON
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on October 17, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2022
Brenda Pree, City Clerk
City of Palm Springs, California
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ATTACHMENT B
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Department of Special Program Compliance
Vacation Rental and Homeshare Work Group
The Department of Special
Program Compliance
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1 Table of Contents
Summary ........................................................................................................................................................................... 2 Vacation Rental Work Group – Overview ......................................................................................................................... 3 Workgroup Sessions and Recommendations ................................................................................................................... 6 Additional Concerns ........................................................................................................................................................ 10
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2 Summary
At the March 29, 2022, Council Study Session, City staff presented to City Council a comprehensive report on the State of Vacation Rentals. The report included data compiled by staff at the request of City Council.
The report included:
Maps
• Printed, detailed, with visual representation of vacation rental numbers and saturation • Breakdown by neighborhood or council district
• Density/impact of short-term vacation rentals (STVR)
Permits
• Growth by year and by neighborhoods
• What percentage of housing are used for STVR
• Breakdown of permits held by single family residences (SFR), Condos, Estate properties • Total permits processed by month
• Track and report original and renewal permit dates
• Information that would track trends – are new permits similar or different than older ones Contract Summaries
• Average number of contracts (agency and individual)
• Average length of stay
TOT
• History of STVR TOT
• STVR TOT by month and year
• How is STVR TOT utilized
Citations
• Breakdown by neighborhood and type
• Breakdown by year/month
• Percentage of complaints that result in citations
• Total number of suspensions and properties deemed permanently ineligible to operate Hotline
• Complaints – Nuisance vs non-nuisance
• Complaints – Registered STVR vs non-STVR
Following a presentation by staff, Council discussed the current state of vacation rentals and staff subsequently created a work group to review additional data and draft recommendations to allow policy choices.
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3 Vacation Rental Work Group – Overview
On July 6, 2022, the City of Palm Springs released a press release and utilizing the City’s social media platforms announced the recruitment of working group members to participate in a rounded discussion and generate balanced recommendations on vacation rental policies. The group consists of 11 volunteers. Members included real estate professionals, vacation rental industry stakeholders, ONE-PS members, and community members. A total of three members were selected and the remaining eight members were randomly selected. A total of 124 applications were received.
Members volunteered to assist with discussion items around the Vacation Rental Ordinance and provide recommendation for future policy considerations. The work group mission is to:
• Provide input on items regarding
o Vacation Rental density
o Vacation Rentals as an ancillary or secondary use of one’s property o Impacts towards housing supply
• Encourage public participation from the community
• Create consensus and provide recommendations
Work group members were advis ed of required time commitment, Rules of Engagement and Ground rules for an effective and res pectful communication and decis ion making 1, Attachment “A”.
P articipants included:
Michael Flannery
I Moved to Palm Springs in 2002, after 12 years in Silicon Valley in Tech Sales & Marketing. I found a new home; I love Palm Springs. Upon arrival, I began flipping homes, eventually became a general contractor, founding Solterra Builders. Solterra went on to be become synonymous with Mid Century revitalization projects, as well as one of the largest residential for hire builder in the Valley from 2007 to 2013. In 2009, I founded Acme House Company, with the idea that responsible vacation rental management was needed and marketable. By 2013 I downsized the construction & development, focusing all my time on Acme which had grown to over 100 homes under management. Today we manage 170 luxury properties valley wide, employing a team of over 50, providing an average salary of $70,000. I was instrumental in working with the city for ordinance changes during 2016/17, while President of the industry group Vacation Rental Tourism Association, which I helped roll into VRON in 2018. I now hold a board seat on VRON. I am also a board member of Palm Springs Hospitality Association. In 2019 I renovated the old B of A building at 750 N Palm Canyon Dr. into a mixed thriving project called the Flannery Exchange. At the Flannery Exchange, we run an events business on the rooftop deck, offer co working, daily office rentals, conference rooms and business events space, and office leases, as well as being home to 5 retailers and restaurants. With my wife, we own Cafe La Jefa and Bar Chingona in the Flannery Exchange.
1 City of Palm Springs Rules of Engagement and Ground Rules for Communication and Decision Making, Attachment “A”.
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4 Jim Gazan
Homeowner; Resident. Jim Gazan has lived as a full-time resident in palm springs for twelve years. In that time, he has volunteered and held positions in marquee events such as the Palm Springs International Film Festival, Modernism Week and held positions on his neighborhood board, OnePS and the Measure J Commission.
Jim feels strongly in moderation as it relates to the Short-Term Rental Industry. Now that Palm Springs is one of the remaining cities in the Valley to permit STR’s it is critical to put a limit on rentals before the industry takes over neighborhoods.
Jim has been impacted positively and negatively from neighboring STR’s, and lives in a neighborhood with one of the highest concentrations of rentals. He knows first had the loss of community that rental saturation can have on a neighborhood.
Bruce Hoban
Homeowner, Resident, President, Co-Founder and Board of Directors of VRON-PS, On the Board of Directors for Palm Springs Hospitality Association, Palm Springs Resorts, and Plaza Theater Foundation Bruce Juenger
Bruce Juenger lives in the Miralon development and is on the Board of Directors for the Miralon Community Corporation (Homeowners Association). His background is in Real Estate Asset Management. He has resided in Palm Springs either full or part time since 1990.
Jeffrey Mauk
A San Francisco California resident for 30 years before moving to the Palm Springs Escena community in 2019 with my husband of 25 years. I am a member of the Escena Neighborhood Organization, and current Vice Chairperson, under the One-PS community group. A graduate of the Mayo Clinic School of Physical Therapy, I am now a semi-retired Physical Therapist. I have a 5 decade-long career in health care management, electronic medical record content development and direct patient care. Spanning across MN, OH, TX and CA. Including 23 years practicing as a community home health Physical Therapist in San Francisco. With a strong focus on home safety assessments for homebound clients and their unique living environments. I have owned homes when living in San Francisco and now Palm Springs, both cities with strong tourism-driven economies. And thus have a strong interest in the city’s need for managing the seasonal tourism economy, while at the same time, respecting and sustaining the quality of life for all permanent residents who exist here year-round.
Shannon Metcalf
Shannon Metcalf is the owner of a boutique Co-hosting & Concierge business, Host with the Most since the end of 2016 and is a full time Palm Springs resident. Shannon has served on the Board of Directors of Ocotillo Lodge HOA and Twin Palms Neighborhood Organization, is a member of VRON and has been a volunteer for Modernism Week events since 2014.
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5 James O’Keefe
Homeowner, Resident, Works in Realty.
Hank Plante
Hank Plante is a TV and print journalist who spent three decades reporting on California issues for the CBS TV stations in San Francisco and Los Angeles. Hank's work has received several honors, including six Emmy Awards and broadcasting's highest honor, the George Foster Peabody Award. Hank and his husband have been Palm Springs homeowners for more than 20 years.
Gregory Roberts
After living in many cities around the country, there is no doubt that Palm Springs is home. The life blood of our city is its residents, businesses, tourists, public services, and resident volunteers. I am committed to the betterment of Palm Springs, so I volunteer and serve on a City Commission and on my neighborhood HOA. I am proud to be a member of the Vacation Rental & Homeshare Workgroup.
Visitors and tourists are key drivers of our economy, and it is crucial that we understand and balance our hospitality with the peaceful enjoyment of our neighborhoods and residents. As a part of this Workgroup, I will do my best to make sure that all the stakeholders are heard, and I will do my best to influence and formulate recommendations to the City Council that serve the greater good in keeping Palm Springs the vibrant and robust city that it is and can be.
Chris Ruetz
Six-year resident of Palm Springs who decided to rent his primary home for ancillary income due to the onset of the Covid pandemic. Now operates a boutique property concierge service for vacation rentals, along with serving on various boards. (VRON, OnePS, and the Movie Colony East NOrg as President) Joe Wild
I am an 18-year full time resident of Palm Springs. The advent of STVRs has drastically changed the landscape of housing opportunities in our village. Single family homes are too expensive for typical families with children. Our “snowbird” population finds it difficult to locate affordable seasonal housing.
And, most importantly, we can do something about it. That is why I am volunteering my time to serve on the task force.
The work group was facilitated by Interim City Manager, Teresa Gallavan; Director of Special Programs, Veronica Goedhart; and, Executive Program Manager, Patrick Clifford.
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6 Workgroup Sessions and Recommendations
Work group sessions were held to elicit feedback and recommendations. Recommendations were made utilizing the rule of majority consensus.
VACATION RENTAL DENSITY
What started as general discussion quickly morphed into very specific data mining as members asked to learn more details on vacation rental properties. Some important topics rose to the surface that specifically had the potential to be addressed in the Vacation Rental Ordinance when reviewed and updated.
In researching the effects of vacation rentals on the community, multiple conflicting issues come into play. How land-use policy comes up against the need for revenue. How property rights square up with neighbor’s rights. How a lucrative hospitality industry, when introduced into a neighborhood of family homes, can potentially impact the quality of life for those who live there year-round. This seems true especially when vacation rentals are not managed in accordance with the rules and regulations as set forth in the City’s ordinance.
The quality-of-life issues mentioned above seemed to be primarily focused on noise and parking issues.
Aside from the household that does not like strangers in their neighborhoods, those are the top two complaints. The City’s strict rules and enforcement has assisted in mitigating these issues for many neighborhoods.
The other issue that looms large not just in our region, but across the globe, is how any increase in vacation rentals invariably removes housing stock from a community. That in turn can be a factor in driving up housing prices and drive out working-class people. Affordable housing is a big issue for Palm Springs.
The inaugural meeting on July 19, 2022, focused primarily on data sources and statistics for vacation rental properties in the City. Local data compiled by City staff was presented to the workgroup for their review and comment. The group unanimously determined that a vacation rental cap was needed; however, requested additional information prior to discussing numbers.
At the August 9, 2022, meeting, the group received additional data regarding updated Vacation Rentals numbers in neighborhoods, an accepted number of households in Palm Springs based on the Housing Element Study, growth of Vacation Rental Applications, condominium data, and statistics on hotels, Attachment “B”2.
On August 9, 2022, after review and discussion, the group voted on a city-wide vacation rental permit cap of 2,5003. Four (4) members voted in favor, two (2) members voted for a lower number and four (4)
2 Attachment “B” includes multiple data points. Vacation Rentals by organized neighborhood is as of July 28, 2022. Household unit count was sourced from the City of Palm Springs Housing Element Study. Vacation Rental application growth and condominium data was sourced from the Department of Special Program Compliance. Statistics on hotels was sourced from a 2019 Desert Sun Report and Visit Greater Palm Springs
3 The current number of vacation rental permits is 2,477 with 200 pending new applications. The group recognizes that the cap will be exceeded upon adoption of the revised Ordinance.
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7 voted for a higher cap number (One (1) member was absent). The group recommends that all submitted applications would be processed as well as properties that closed escrow within 30 days of the adoption of the ordinance.
At the August 16, 2022, meeting the group requested a second vote on a city-wide cap of 2,500 based on the additional data presented, this vote resulted in 9 members in favor and 1 member abstaining (1 member was absent).
The group also addressed the over-saturation of vacation rentals in specific neighborhoods throughout the City. The group specifically addressed concerns relating to the question, is there a maximum percentage of vacation rental properties in a “neighborhood” that neighbors can still feel they are in a residential community as opposed to a commercial district. The group discussed various methods to address neighborhood saturation, including a neighborhood percentage cap based on housing stock, district percentage cap based on housing stock, and mandatory separation distances between rentals.
Additional information was requested by the group, including a map with vacation rentals by council member district4, Attachment “C”. The discussion proved to be the most challenging for the group with the discussion tabled pending additional data and information. On August 30, 2022, the group reached a majority consensus, without a vote, to include a neighborhood density percentage. The group determined that a percentage cap by district would not address the immediate problem of neighborhood saturation and opted to vote on a percentage cap to be implemented for every identified neighborhood.
The percentages presented to the group for discussion ranged from 6% to 20%. Two votes were conducted, the first for a neighborhood cap of 10% with 6 members voting in favor and 3 against; the second vote was for a 20% neighborhood cap, with 3 members voting in favor and 6 against. (Two members were not present to vote).
Work Group Recommendation
Based on majority consensus, the group recommends a 2,500 city-wide vacation rental permit cap.
Additionally, a 10% neighborhood density cap within the 2,500 permit limitations was recommended.
VACATION RENTALS AS AN ANCILLARY USE OR SECONDARY USE
The group reviewed the data presented, such as, Ordinance 1918 – 5.25.020 Findings, Vacation Rental Contract Summary Data from the March 29, 2022, study session, Ordinance 1918 restrictions with conditions, covenants, or restrictions, and discussed topics regarding annual contract limits per Vacation Rental, minimum night stays, and owner occupancy requirements. The group was presented by a work group member, Judge Chad Firetag’s Protect Our Neighborhoods v. City of Palm Springs, et al., Decision5 in which the Court of Appeal affirmed a trial court's finding that the City of Palm Springs' short- term rental ordinances were consistent with the City's Zoning Code, Attachment “D”. The section provided specifically addressed the ordinance language of ancillary and secondary use of homes. It was
4 District data was provided utilizing the cities GIS system, Attachment “C” 5 Work group member Bruce Hoban presented to the group a page of California Fourth District Court of Appeals, Honorable Chad Firetag’s Opinion, Attachment “D”.
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8 represented by the work group member that the ruling determined that the issue of secondary and ancillary use has withstood judicial litigation and therefore a moot issue6. There was minimal discussion occurring prior to the determination to not make a recommendation for changes to the current ordinance.
Specific concerns addressed by the group included limitations on how the city could enforce an owner occupancy requirement. The group agreed that that the limitation on contracts annually encourages a minimum night stay and ancillary use as owners are unable to rent a property more than a maximum 36 times a year.
Work Group Recommendation:
Based on majority consensus the group recommended no changes to the present language in Ordinance 1918 regarding secondary and ancillary use.
IMPACTS ON HOUSING SUPPLY
The rise and growth of vacation rental platforms such as Airbnb, HomeAway and Flipkey has created plenty of debate amongst local governments, the hotel industry, the real estate lobby, housing activists and residents about the impact of such rentals on the availability of long-term rental housing. Given that the vacation rental industry continues to grow, people are concerned about the industry’s impact on the affordability and availability of long-term rental housing.
The group reviewed a variety of data sources and articles 7 from both staff and group members on this subject. Articles were presented on both sides of the argument of the impact of vacation rentals on housing. The group discussed the need for affordable housing stock in the City citing those new developments in the City are simply not affordable for the working class. The group agreed that vacation rental homes should continue to be an ancillary and secondary use with continued enforcement against corporate investment vacation rental properties; however, no specific recommendation was reached on this. As stated best by one group member, “All opinions could be supported if you look hard enough”.
The articles and references reviewed on impacts of the housing supply are listed below:
• From Forbes: "The Airbnb Effect on Housing & Rent"
https://www.forbes.com/sites/garybarker/2020/02/21/the-airbnb-effect-on-housing-and- rent/?sh=7b99799e2226
6 This represents information directly related to the Palm Springs Ordinance language; however, there are other legal opinions in other municipalities and States with differentiating opinions. 7 Articles and reports reference in discussion: The Effect of Homes-Sharing on House Prices and Rents: Evidence from Airbnb, (2019) Barron, Kung, Proserpio; The economic costs and benefits of Airbnb, (2019) Economic Policy Institute, Bivens; Staying Power: The Effects of Short-Term Rentals on California’s Tourism, Economy and Housing Affordability (2022), Milken Institute, Dubetz, Horton, Kesteven; The Airbnb Effect on Housing & Rent (2020) Forbes.com; Research: When Airbnb Listings in a City Increase, So Do Rent Prices (2019), Barron, Kung, and Proserpio.
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9 • From the Economic Policy Institute (a non-partisan think tank):
https://www.epi.org/publication/the-economic-costs-and-benefits-of-airbnb-no-reason-for-local- policymakers-to-let-airbnb-bypass-tax-or-regulatory-obligations/
• From the Harvard Business Review
https://hbr.org/2019/04/research-when-airbnb-listings-in-a-city-increase-so-do-rent-prices
• From the Milken Institute
https://milkeninstitute.org/report/short-term-rentals-california-tourism-housing
Work Group Recommendation:
Based on majority consensus the group recommends a 2,500 city-wide vacation rental permit cap and a 10% neighborhood cap.
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Additional Concerns
During work group discussions, several issues were raised by the group, which had not been directed by the City Council to be looked at. A summary is provided below:
• Ancillary and Secondary Use: While no recommendation was made, the concern regarding owners who use their vacation rental properties as investment properties is inconsistent with the findings of the Ordinance.
• Impacts on Housing Supply: The group discussed the shortage of affordable housing in Palm Springs. While no recommendation was made, the sentiment of primary concern is availability for affordable housing, the solution should start with the construction of more affordable housing, such as multi-family housing.
• American with Disabilities Act ("ADA"): Some members of the working group asked whether vacation rental properties are required to be ADA compliant. Based on a review of the applicable ADA regulations, it appears that a short-term rental of a single-family residence is not required to be ADA compliant if it does not contain more than five rooms for rent and is occupied by the owner of the establishment as his/her residence. If the short-term rental is not owner-occupied or there are more than five rooms, the analysis must be applied to determine if the short-term rental would be considered a place of lodging subject to the ADA. However, regardless of whether residential property owners are, or are not, required to make their properties ADA compliant, the City's current regulatory approach does not impose any legal requirements or liability on the City. If the City Council would like to investigate this issue further, the Council can instruct the City Attorney to conduct further research into the matter. • Loss of Community: During the discussion, a working group member presented a pinhead map demonstrating the number of second homes in Palm Springs that are not permitted vacation rentals. As explained by the group member, the intent of the introduction of the map was demonstrate that the number of second homes vary greatly by neighborhood, with some neighborhoods having a large number that may contribute to the "loss of community".
ATTACHMENT "E" 8.
8 Work group member Bruce Hoban presented to the group a map prepared by National Demographics Board, prepared at the request of Vacation Rentals Owners and Neighbors Palm Springs. The map demonstrates second homes in Palm Springs that are not permitted as vacation rentals. Permitted vacation rentals are a subset of the consensus defined "vacant" second homes. 10
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Attachment ''A''
Page3
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RULES OF ENGAGEMENT
• Each workgroup will have a facilitator.
• Each workgroup member should attend all meetings for the entire term of the workgroup.
The workgroups will adhere to the agreed upon timeline and produce work products in a timely fashion.
Participants will agree to ground rules to facilitate the quality of the communication, including:
Ground rules for an effective and respectful communication • Only one person may speak at a time.
• Resist defending positions; rather look for common ground and areas of agreement. • Agree on what important words mean.
• When speaking explain the reasons behind your statements and ask for feedback from the group.
• Speak to be understood, not to win.
• Ask questions to understand the rationale and data behind the position of others. • Test your assumptions and inferences by asking questions. • Don't assume motives behind the statement of others. Assume positive intent. • Be sensitive to differences in perspectives.
• Avoid debating issues (discussion, not debate) and assigning blame. • Do not interrupt others or monopolize the communication. Raise your hand to speak and the facilitator will keep a list with the order (all members are expected to participate with their perspective).
• Avoid personal attacks, cheap shots or loaded questions. Use open-ended questions. • Keep discussion focused.
• Keep the focus on agenda items.
• When speaking be brief and to the point (try to give examples). Attend all meetings. • Be on time for meeting.
Ground rules for decision-making
The Working Group will use the procedure of Consensus with Qualification to make decisions.
Here consensus does not mean 100 percent agreement on everything by all participants, it means that each individual is able to accept a proposal or idea of the majority of participants and are willing to completely accept a proposal or idea. It also means is that all concerns have been addressed and everyone has been heard and understood. Thus, consensus can be defined as a state of mutual agreement among members of a group where all legitimate concerns of participants have been addressed to the satisfaction of the group. Consensus with qualification works like this:
Page4
Item 3D - 23
An agenda is developed in advance containing three types of topics:
• Reports (recent events of work)
• Open Discussion (problem solving and brainstorming)
• Proposals (for group decision)
Proposals are presented and clarified to the group. Participants grade the proposal as:
• Completely agree
• Can live with it
• Have legitimate concerns (possible consequences of the proposal that are contrary to the goals of the group)
Concerns are listed and addressed by the group. Changes can be introduced to the proposal.
If there isn't consensus, participants will clarify their objections while searching for areas of agreement. The goal is to reach consensus or a broad majority wherever is possible. However, staff reports given to the City Council will also outline the points of significant disagreement or alternatives as appropriate.
After each meeting staff will prepare a summary of the meeting, which will be made available to participants before the next meeting if at all possible.
Facilitators: Help participants and the group to follow ground rules, identify, clarify and reframe issues, test parties' assumptions/ inferences, help resolve disputes, make presentations.
Participants: Actively participate in the discussion, follow the ground rules, work hard on the issues not the people, and provide feedback on reports and future agendas.
Page5
Item 3D - 24
Attachment ''B11
Item 3D - 25
Vacation Rental Neighborhood Information
• • ••111••· IThl!m n:;mJ [E:5JI!l ,I~ ~!l.ltm!I m ~ ~ ~ ~ (:m, ~ ~ a mm Racquet Club Estates 540 208 38.52 16.2 27 32.4 37.8 -170 .2 43 .2 48 .6 54 81 108 Sunmor 142 40 28.17 4.26 7.1 8.52 9.94 -30.06 11.36 12.78 14.2 21.3 28.4 Twin Palms 329 90 27.36 9.87 16.45 19.74 23.03 -66 .97 26.32 29.61 32.9 49 .35 65.8 El Rancho Vista Estates 114 31 27.19 3.42 5.7 6 .84 7.98 -23.02 9.12 10 .26 11.4 17.1 22.8 El Mirador 158 37 23.42 4.74 7.9 9.48 11.06 -25 .94 12.64 14.22 15.8 23.7 31.6 Desert Park Estate s 465 102 21.94 13.95 23.25 27 .9 32.55 -69.45 37.2 41.85 46.5 69.75 93 Movie Colony East 773 166 21.47 23.19 38.65 46.38 54.11 -111 .89 61.84 69.57 77.3 115 .95 154.6 Tahquitz River Estates 613 126 20.55 18.39 30.65 36.78 42 .91 -83.09 49 .04 55 .17 61.3 91.95 122.6 Ranch Club Estates 360 64 17.78 10.8 18 21.6 25.2 -38 .8 28.8 32.4 36 54 72 Gene Autry 608 108 17.76 18.24 30.4 36.48 42.56 -65.44 48 .64 54.72 60.8 91.2 121.6 Sunrise Park 705 125 17.73 21.15 35.25 42 .3 49 .35 -75.65 56.4 63 .45 70.5 105 .75 141 The Movie Colony 199 34 17.09 5.97 9.95 11.94 13.93 -20.07 15.92 17.91 19.9 29.85 39.8 Vista Las Palmas 419 69 16.47 12.57 20.95 25.14 29.33 -39.67 33.52 37.71 41.9 62.85 83 .8 Demuth Park 683 101 14.79 20.49 34.15 40.98 47 .81 -53.19 54.64 61 .47 68.3 102.45 136.6 Deepwell Estates 451 66 14.63 13.53 22.55 27.06 31.57 -34.43 36.08 40 .59 45 .1 67.65 90.2 Little Beverly Hills 178 25 14.04 5.34 8.9 10.68 12.46 -12.54 14.24 16.02 17.8 26.7 35.6 Lawrence Crossley 79 11 13.92 2.37 3.95 4.74 5.53 -5.47 6.32 7.11 7.9 11.85 15.8 Vista Norte 1069 143 13.38 32.07 53 .45 64.14 74 .83 -68.17 85.52 96 .21 106.9 160.35 213.8 The Mesa 277 37 13.36 8.31 13.85 16.62 19.39 -17.61 22.16 24 .93 27.7 41.55 55.4 Indian Canyons 452 53 11.73 13.56 22.6 27.12 31.64 -21.36 36.16 40 .68 45 .2 67.8 90.4 Racquet Club West 858 97 11.31 25.74 42 .9 51.48 60 .06 -36.94 68.64 77 .22 85.8 128 .7 171.6 Warm Sands 479 50 10.44 14.37 23.95 28.74 33 .53 -16.47 38.32 43 .11 47 .9 71.85 95.8 Oasis del Sol 562 56 9.96 16.86 28.1 33.72 39.34 -16.66 44 .96 50.58 56.2 84.3 112.4 Little Tuscany 690 68 9.86 20 .7 34.S 41 .4 48 .3 -19 .7 55 .2 62.1 69 103.S 138 Old Las Palmas 408 38 9.31 12.24 20.4 24.48 28.56 -9.44 32.64 36.72 40.8 61 .2 81.6 Los Compadres 516 44 8.53 15.48 25.8 30.96 36.12 -7.88 41.28 46 .44 51.6 77 .4 103.2 Araby Cove 109 7 6.42 3.27 5.45 6.54 7.63 0.63 8.72 9.81 10.9 16.35 21.8 Tahquitz Creek Golf 1150 71 6.17 34.5 57.5 69 80.5 9.5 92 103 .5 115 172.S 230 Sonora Sunrise 1678 85 5.07 50.34 83.9 100.68 117.46 32 .46 134.24 151.02 167 .8 251.7 335 .6 Midtown 1036 51 4.92 31.08 51.8 62.16 72 .52 21.52 82.88 93.24 103.6 155.4 207.2 Upper Westside 1247 55 4.41 37.41 62 .35 74.82 87 .29 32 .29 99.76 112 .23 124.7 187 .05 249.4 Historic Tennis Club 518 16 3.09 15.54 25.9 31.08 36.26 20.26 41.44 46 .62 51.8 77 .7 103.6 Araby Commons 732 19 2.60 21.96 36.6 43 .92 51 .24 32 .24 58.56 65 .88 73.2 109 .8 146.4 Andreas Hills 753 19 2.52 22.59 37.65 45 .18 52 .71 33 .71 60.24 67 .77 75.3 112 .95 150.6 Whitewater Club 211 5 2.37 6.33 10.55 12.66 14.77 9.77 16.88 18.99 21.1 31.65 42 .2 Desert Highland/Gateway 480 11 2.29 14.4 24 28.8 33.6 22.6 38.4 43 .2 48 72 96 Baristo 1147 25 2.18 34.41 57.35 68.82 80 .29 55 .29 91.76 103 .23 114.7 172 .05 229.4 Rogers Ranch 431 9 2.09 12.93 21.55 25.86 30.17 21.17 34.48 38.79 43 .1 64.65 86.2 Canyon Palms 445 7 1.57 13.35 22.25 26 .7 31.15 24 .15 35 .6 40 .05 44.S 66.75 89 Melody Ranch 826 10 1.21 24.78 41.3 49.56 57.82 47.82 66.08 74.34 82.6 123 .9 165 .2 Canyon Corridor 1063 10 0.94 31.89 53 .15 63.78 74 .41 64 .41 85.04 95 .67 106.3 159.45 212.6 N/A 8709 55 0.63 261.27 435.45 522.54 609 .63 554 .63 696 .72 783 .81 870 .9 1306 .35 1741 .8 Gateway 584 1 0.17 17.52 29.2 35.04 40 .88 39.88 46.72 52.56 58.4 87.6 116.8 Four Seasons 538 0 0.00 16.14 26.9 32.28 37.66 37.66 43 .04 48 .42 53.8 80.7 107.6 Escena 587 0 0.00 17.61 29.35 35 .22 41 .09 41 .09 46.96 52.83 58.7 88.05 117.4 West Gate PS 319 0 0.00 9.57 15.95 19.14 22.33 22.33 25.52 28.71 31.9 47 .85 63.8 Rimrock 61 0 0.00 1.83 3.05 3.66 4.27 4.27 4.88 5.49 6.1 9 .15 12 .2 Mountain Gate 509 0 0.00 15.27 25 .45 30.54 35.63 35.63 40.72 45 .81 50.9 76.35 101 .8 Palm Springs Villa II 461 0 0.00 13.83 23.05 27.66 32.27 32.27 36.88 41.49 46.1 69.15 92.2 Total 35721 2445 0.07 1071.63 1786.05 2143.26 2500.47 I 2857.68 3214.89 3572.1 5358.15 7144.2
Item 3D - 26
Vacation Rental Neighborhood Information
.. ... 1:r;rrr,f:l:r.,r.1 . ' . ': . ' . •· '"' "' : l.~'111'iT:11 : \1.~-~ 11..\,J:uo11:1:1 Gene Autry 608 45 54 63 66 91 93108
-----
63 140.00 17.76
Demuth Park 683 38 47 61 66 91 89 101
---
63 165.79 14.79
Vista Norte 1069 81 81 99 106 120 124 143
-
62 76 .54 13.38
Desert Park Estates 465 44 52 68 79 93 98 102
---
58 131.82 21.94
Racquet Club Estates 540 153 155 174 180 189 198 208
-
55 35.95 38.52
Ranch Club Estates 360 32 37 48 51 63 58 64
------
32 100.00 17.78
Sunrise Park 705 96 102 101 112 119 122 125
-------
29 30.21 17.73
Movie Colony East 773 139 137 143 138 161 149 166 - ,,,,--....,,,- 27 19.42 21.47 Upper Westside 1247 32 28 30 32 46 48 55 _,,,- 23 71.88 4.41 Racquet Club West 858 74 87 101 92 98 95 97
----
23 31.08 11.31
Tahquitz Creek Golf 1150 51 42 47 47 60 61 71
------
20 39.22 6.17
Tahquitz River Estates 613 106 102 119 113 126 128 126 .,,-- 20 18.87 20.55 Little Tuscany 690 51 48 48 53 60 60 68
----
17 33.33 9.86
Twin Palms 329 73 75 83 78 90 91 90 --------./ 17 23.29 27.36 El Mirador 158 23 22 27 27 33 33 37
--------
14 60.87 23.42
Oasis del Sol 562 42 40 43 40 52 53 56 - ~ 14 33.33 9.96 Desert Highland/Gateway 480 1 1 1 3 9 10 11 /' 10 1000.00 2.29 Deepwell Estates 451 57 51 58 57 64 63 66 ~
---------
9 15.79 14.63
Lawrence Crossley 79 2 2 4 8 9 10 11
-----
9 450 .00 13.92
The Mesa 277 30 35 34 33 34 32 37 ./
~
7 23.33 13.36
Andreas Hills 753 12 13 16 15 17 18 19 ~- 7 58.33 2.52
Little Beverly Hills 178 18 18 23 24 24 27 25 ~ 7 38.89 14.04 El Rancho Vista Estates 114 25 24 28 25 26 27 31
------
6 24.00 27.19
Melody Ranch 826 4 4 4 7 10 10 10 ~ 6 150.00 1.21
Sonora Sunrise 1678 80 56 68 65 76 76 85 '- ----------
5 6 .25 5.07
Araby Commons 732 14 14 15 15 14 15 19 ./ 5 35.71 2.60
Sunmor 142 35 37 40 42 40 42 40 ~ 5 14.29 28.17
The Movie Colony 199 30 31 30 33 33 43 34 ~ '-, 4 13.33 17.09 Warm Sands 479 48 45 46 42 43 44 50
-------------
./' 2 4.17 10 .44
Los Compadres 516 42 28 32 32 38 44 44 '- ----
2 4.76 8.53
Canyon Palms 445 6 7 7 6 5 57 ..--
-----------
/ 1 16.67 1.57
Rogers Ranch 431 8 6 4 6 7 79 ._____ ------ 1 12.50 2.09 Araby Cove 109 6 6 15 7 7 77 /'- 1 16.67 6.42
Four Seasons 538 0 0 0 0 0 00 0 0.00 0.00
Escena 587 0 0 1 0 0 00 /',.. 0 0 .00 0.00
Gateway 584 1 1 1 1 1 11 0 0.00 0.17
Whitewater Club 211 5 3 2 2 4 5 5 ......___ _/" 0 0 .00 2.37 Canyon Corridor 1063 10 6 7 10 9 1110 '--- ------
0 0.00 0.94
West Gate PS 319 1 0 0 0 0 00 '-- -1 -100.00 0.00
Rimrock 61 1 0 0 0 0 00 '- -1 -100.00 0.00
Vista Las Palmas 419 70 73 77 73 71 72 69
----- --------
-1 -1.43 16.47
Mountain Gate 509 2 1 0 0 0 00 ~ -2 -100.00 0.00
Did Las Palmas 408 41 39 41 53 37 37 38 _/ '- -3 -7 .32 9.31 Indian Canyons 452 56 56 57 57 56 55 53
-------
-3 -5.36 11.73
Midtown 1036 57 so 52 47 49 49 51
---------------
~ -6 -10.53 4.92
Baristo 1147 31 24 25 22 24 25 25 "'- -6 -19.35 2.18
Historic Tennis Club 518 25 24 22 19 18 18 16
--------
-9 -36.00 3.09
N/A 7782 71 49 38 42 51 45 55 ......___ -16 -22.54 0.71 Palm Springs Villa II 461 19 1 1 0 0 00 '- -19 -100.00 0.00 Total 34794 1888 1814 2004 2026 2268 2298 2445
Item 3D - 27
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Item 3D - 28
Vacation Rental Application Information
Actl~ ty t.a_ Actl~ ty-2 Net3 ~ d~ dual otalActivlty+ Total Activity • Total Registrants Change (42 .00) 2.00 1011 .00 70.00 (25 .00) 4S.00 1124.00 (67 .00) (50 .00) (39 .00) 972.00 14.00 (23.00) (9.00) 1115.00 (73.00)
4.00 (7.00) (3.00) 969 .00 21.00 (38 .00) (17 .00) 1093 .00 25.00 (45 .00) 2067 .00 Jul-1720 17 32.00 (19.00) 13.00 982 .00 4.00 (29.00) (25.00) 1073.00 36.00 (48.00) 2055 .00 Aug-17 2017 14.00 (18.00) (4.00) 978 .00 13.00 (25.00) (12.00) 1061.00 27.00 (43.00) 2039 .00 Sep-172 017 S.00 (8.00) (3.00) 975 .00 22.00 (32.00) (10.00) 1051.00 27.00 (40.00) 2026 .00 Oct-1720 17 24 .00 (33.00) (9.00) 966 .00 50.00 (40.00) 10.00 1061.00 74.00 (73 .00) 2027 .00 Nov-17 2017 4.00 (17.00) (13.00) 953 .00 13.00 (42.00) (29.00) 1032.00 17.00 (59.00) 1985.00 Dec-17 20 17 32 .00 (30.00) 2.00 9SS .00 16.00 (17.00) (1.00) 1031.00 48.00 (47 .00) 1986.00 Jan-18 2018 19.00 (26.00) (7.00) 948 .00 37.00 (22.00) 15.00 1046.00 56.00 (48.00) 1994 .00 8.00 Feb-18 20 18 5.00 (14.00) (9.00) 939 .00 26.00 (21.00) 5.00 1051.00 31.00 (35 .00) 1990 .00 (4.00) Mar-182018 28.00 (54.00) (26.00) 913.00 19.00 (44.00) (25 .00) 1026.00 47.00 (98 .00) 1939 .00 (51 .00) Apr-18 20 18 21.00 (53.00) (32.00) 881.00 15.00 (22.00) (7.00) 1019 .00 36.00 (75 .00) 1900 .00 (39 .00) May-18 2018 28.00 (72 .00) (44 .00) 837 .00 24.00 (59.00) (35 .00) 984.00 52.00 (131 .00) 1821 .00 (79 .00) Jun-18 20 18 17.00 (42.00) (25.00) 812 .00 17.00 (26 .00) (9.00) 975 .00 34.00 (68 .00) 1787 .00 (34.00) Jul-18 2018 21.00 (32.00) (11.00) 802 .00 20.00 (19.00) 1.00 976.00 41 .00 (51 .00) 1n8.00 (9.00) Aug-18 20 18 9.00 (20.00) (11.00) 791 .00 18.00 (16 .00) 2.00 978 .00 27.00 (36 .00) 1769 .00 (9.00) Sep-18 2018 11.00 (8.00) 3.00 794 .00 11.00 (21.00) (10 .00) 968 .00 22.00 (29 .00) 1762 .00 (7.00) Oct-18 20 18 26.00 (16.00) 10.00 804 .00 22.00 (22.00) 0.00 968 .00 48.00 (38 .00) 1n2.oo 10.00 Nov-18 2018 25.00 (5.00) 20.00 824 .00 11.00 (15.00) (4.00) 964.00 36.00 (20 .00) 1788 .00 16.00 Dec-18 20 18 60.00 (35.00) 25.00 849 .00 62.00 (26.00) 36.00 1000.00 122.00 (61.00) 1849 .00 61.00 Jan-1920 19 33.00 (21.00) 12.00 861 .00 30.00 (28.00) 2.00 1002.00 63.00 (49 .00) 1863 .00 14.00 Feb-192019 10.00 (12.00) (2.00) 859 .00 9.00 (11.00) (2.00) 1000.00 19.00 (23.00) 1859 .00 (4.00) Mar-192019 21.00 (13.00) 8.00 867 .00 28.00 (8.00) 20.00 1020.00 49.00 (21 .00) 1887 .00 28.00 Apr-19 20 19 20.00 (12.00) 8.00 875 .00 37.00 (4.00) 33.00 1053.00 57.00 (16 .00) 1928 .00 41.00 May-192019 19.00 (34 .00) (15 .00) 860 .00 33.00 (15 .00) 18.00 1071 .00 52.00 (49 .00) 1931.00 3.00 Jun-1920 19 28.00 (29 .00) (1.00) 859 .00 31.00 (17.00) 14.00 1085 .00 59.00 (46.00) 1944 .00 13.00 Jul-1920 19 18.00 (18 .00) 0.00 859 .00 18.00 (11 .00) 7.00 1092 .00 36.00 (29 .00) 1951 .00 7.00 Aug-19 20 19 31.00 (24 .00) 7.00 866 .00 30.00 (21.00) 9.00 1101.00 61.00 (45.00) 1967 .00 16.00 5ep -192019 18.00 (25 .00) (7.00) 859.00 6.00 (19 .00) (13.00) 1088 .00 24.00 (44 .00) 1947 .00 (20 .00) Oct-1920 19 42.00 (16 .00) 26.00 885 .00 31.00 (16.00) 15.00 1103 .00 73.00 (32.00) 1988 .00 41.00 Nov-19 2019 32.00 (16 .00) 16.00 901 .00 16.00 (10.00) 6.00 1109.00 48.00 (26 .00) 2010.00 22.00 Dec-19 20 19 10.00 (9.00) 1.00 902 .00 8.00 (11.00) (3.00) 1106.00 18.00 (20.00) 2008 .00 (2.00) Jan-20 2020 36.00 (19.00) 17.00 919.00 35.00 (20.00) 15.00 1121 .00 71.00 (39 .00) 2040.00 32.00 Feb-20 2020 29.00 (11.00) 18.00 937.00 30.00 (13.00) 17.00 1138.00 59.00 (24.00) 2075 .00 35.00 Mar-202020 20.00 (17.00) 3.00 940.00 18.00 (19 .00) (1.00) 1137 .00 38.00 (36 .00) 2077 .00 2.00 Apr-20 2020 10.00 (34 .00) (24 .00) 916.00 13.00 (34.00) (21.00) 1116.00 23.00 (68.00) 2032 .00 (45.00) May-20 2020 7.00 (20 .00) (13 .00) 903.00 4.00 (24 .00) (20 .00) 1096 .00 11.00 (44 .00) 1999 .00 (33 .00) Jun-20 2020 11.00 (13 .00) (2.00) 901 .00 36.00 (5.00) 31.00 1127.00 47.00 (18.00) 2028 .00 29.00 Jul-20 2020 2.00 (11.00) (9.00) 892 .00 21.00 (22.00) (1.00) 1126 .00 23.00 (33.00) 2018.00 (10 .00) Aug-20 2020 18.00 (7.00) 11.00 903 .00 10.00 (17.00) (7.00) 1119.00 28.00 (24.00) 2022 .00 4.00 5ep -20 2020 16.00 (23.00) (7.00) 896 .00 34.00 (27.00) 7.00 1126 .00 50.00 (50 .00) 2022.00 0.00 Oct-20 2020 34.00 (26 .00) 8.00 904 .00 47.00 (26.00) 21.00 1147.00 81.00 (52.00) 2051 .00 29.00 Nov-20 2020 16.00 (15 .00) 1.00 905 .00 24.00 (12.00) 12.00 1159.00 40.00 (27 .00) 2064 .00 13.00 Dec-20 2020 15.00 (21.00) (6.00) 899.00 31.00 (25.00) 6.00 1165.00 46.00 (46.00) 2064 .00 0.00 Jan-212021 17.00 (19.00) (2.00) 897 .00 30.00 (17 .00) 13.00 1178 .00 47.00 (36 .00) 2075.00 11.00 Feb-212021 15.00 (16 .00) (1.00) 896 .00 29.00 (7.00) 22.00 1200.00 44.00 (23.00) 2096 .00 21.00 Mar-212021 32.00 (10 .00) 22.00 918.00 18.00 (13.00) 5.00 1205.00 50.00 (23.00) 2U3.00 27.00 Apr-212021 24.00 (12 .00) 12.00 930.00 38.00 (16.00) 22.00 1227.00 62.00 (28.00) 2157.00 34.00 May-212021 11.00 (7.00) 4.00 934.00 14.00 (10.00) 4.00 1231.00 25.00 (17 .00) 2165.00 8.00 Jun-212021 49.00 (19.00) 30.00 964.00 49.00 (19.00) 30.00 1261.00 98.00 (38.00) 2225 .00 60.00 Jul-212021 24.00 (20 .00) 4.00 968.00 40.00 (35.00) 5.00 1266 .00 64.00 (55 .00) 2234.00 9.00 Aug-212021 31.00 (15.00) 16.00 984.00 22.00 (16.00) 6.00 1272.00 53.00 (31.00) 2256 .00 22.00 5ep-212021 30.00 (23 .00) 7.00 991 .00 39.00 (31.00) 8.00 1280 .00 69.00 (54 .00) 2271 .00 15.00 Oct-212021 16.00 (39.00) (23 .00) 968.00 19.00 (7.00) 12.00 1292.00 35.00 (46.00) 2260 .00 (11.00) Nov-212021 22.00 (23 .00) (1.00) 967.00 24.00 (17.00) 7.00 1299 .00 46.00 (40 .00) 2266.00 6.00 Dec-212021 31.00 (34.00) (3.00) 964.00 44.00 (19.00) 25.00 1324.00 75.00 (53.00) 2288 .00 22.00 Jan-222022 24.00 (14 .00) 10.00 974.00 30.00 (11.00) 19.00 1343 .00 54.00 (25 .00) 2317 .00 29.00 Feb-222022 14.00 (15.00) (1.00) 973.00 15.00 (12.00) 3.00 1346.00 29.00 (27.00) 2319 .00 2.00 Mar-222022 21.00 (13.00) 8.00 981.00 26.00 (6.00) 20.00 1366 .00 47.00 (19 .00) 2347 .00 28.00 Apr-22 2022 17.00 (7.00) 10.00 991.00 12.00 (10.00) 2.00 1368.00 29.00 (17.00) 2359 .00 12.00 May-222022 83.00 (66 .00) 17.00 988.00 36.00 (18.00) 18.00 1386 .00 119.00 (84 .00) 2374 .00 15.00 Total registrant s 4/2017-05/ 22
Miy-22,2374 .00
..; Ap,-17.2135.00
Mar-2<1,20n.oo
Mav-2<1,1999.00
Sep-18,1762.00
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(50 .00J
(131.00 )
(150,001
Item 3D - 29
Vacation Rental Condominium Information
Status Active
Property Type (Multiple Items)
Total Beds
Count of HOA Mgmt Co Column Labels Condo HOA Count 40
Row Labels 1 2 3 4 Grand Total Total 1 Bedroom 142 142
247 W Stevens HOA 1 1 2 Total 2 Bedroom 199 398
Club Condominiums 3 4 1 8 Total 3 Bedroom 34 102
Coco Cabana 3 4 1 8 Total 4 Bedroom 2 8
Colony Palms 1 1
Desert Seville HOA 1 1 Total VR Condo 377
Estados South 1 1 3 5 Total VR Condo Beds 650
Little Tuscany Townhouse Two 1 1
Los Pueblos Association 6 4 10
Mesquite CC 9 64 73
Mountain Shadows 1 11 2 14
Oasis Villa 9 9
Oceo Master & Condo Assoc 1 1
Ocotillo Lodge 43 1 44
Palm 2150 2 2 4
Palm Canyon Villas 4 21 1 26
Palm Murray HOA 2 2
Palm Springs Biarritz 25 25
Palm Springs Biltmore 1 1 2
Palm Springs Country Club 1 1
Palm Springs Deauville 10 2 12
Palm Springs Villa Hermosa 3 1 4
Palm Springs Villas I 3 3
Plaza Villas 8 20 28
Racquet Club Colony 2 2
Racquet Club Cottages West 1 5 6
Racquet Club Garden Villas 2 2
Ranch Club Palm Estates 4 1 5
Rancho El Mlrador 2 2
Sandstone Villas 2 5 7
Sophia HOA 1 2 3
Sundance II 7 1 8
Sundance Villas 10 1 11
Sunkist Villas 2 2
Sunrise Racquet Club 4 4
The Desert Star 6 6
The Palms 1 1 2
Vacation Internationale 1 1
Ventana Del Sol 8 1 9
Villas de Las Flores 8 8
Zanjero Residences, Inc 1 1
Pending Entry 6 5 3 14
Grand Total 142 199 34 2 377
Item 3D - 30
Coachella Valley Hotel Information
Coachella Valley Hotel Room Existing Planned
Coachella Valley Hotel Rooms - 2019 desert Sun Reporting Cathedral City 719 100 7000
Coachella 250
DHS 561
Indian Wells 1,484 152
Indio 1,331 93
6000
~
La Quinta 1,095 608
Palm Desert 2,282 536 5000
Palm Springs 5,684 527
Rancho Mirage 1,728 4000
Total 14,884 2,266
3000
~
2000
1000
152 93
- -100 ~
-
719 250 561 1,484 1,33 1,095 2,282 5,684 1,728
o
Cathedral City Coachella DHS Indian Wells Indio La Quinta Palm Desert Palm Springs Rancho Mirage Existing Planned
Item 3D - 31
occ ADR
2018 January City of Palm Sprinqs, CA+ Total 62.4% $154.21 February City of Palm Sprinm. CA+ Total 75.9% $183.12
March City of Palm Sprinqs, CA+ Total 85.8% $209.66
April City of Palm Sprinqs, CA+ Total 74.4% $237.49
May City of Palm Sprinqs, CA+ Total 60.8% $165.58
June City of Palm Sprinqs, CA+ Total 52.8% $130.43
July City of Palm Sprinqs, CA+ Total 52.7% $116.75
Auqust City of Palm Sprinqs, CA+ Total 48.3% $118.14
September City of Palm Sprinqs, CA+ Total 54.3% $136.62 October City of Palm Sprinqs, CA+ Total 58.3% $155.19
November City of Palm Sprinqs, CA+ Total 65.3% $168.75
December City of Palm SprinAS, CA+ Total 59.3% $155.65
20 19 January City of Palm Sprinqs, CA+ Total 61 .2% $161.66 February City of Palm Sprinqs, CA+ Total 73.5% $186.19
March City of Palm Sprinqs, CA+ Total 83.7% $219.57
April City of Palm Sprinqs, CA+ Total 74.8% $237.43
May City of Palm SprinQS, CA+ Total 65.7% $170.95
June City of Palm Sprinqs, CA+ Total 57.2% $132.26
July City of Palm Sprinqs, CA+ Total 53.6% $121.45
AuQust City of Palm Sprinqs, CA+ Total 52.4% $124.47
September City of Palm Sprinqs, CA+ Total 55.5% $136.98 October City of Palm Sprinqs, CA+ Total 60.9% $158.69
November City of Palm SprinQs, CA+ Total 62.8% $167.50
December City of Palm Sprinqs, CA+ Total 52.9% $153.20
January City of Palm Sprinqs, CA+ Total 63.5% $163.35
February City of Palm Sprinqs, CA+ Total 74.2% $194.98
March City of Palm SprinQS, CA+ Total 34.1% $181.34
April City of Palm SprinQS, CA+ Total 21.4% $88.71
May City of Palm Sprinqs, CA+ Total 29.1% $88.62
June City of Palm Sprinqs, CA+ Total 34.1% $126.11
July City of Palm SprinQS, CA+ Total 40.4% $134.52
Auqust City of Palm SprinQs, CA+ Total 42.0% $132.33
September City of Palm Sprinqs, CA+ Total 44.9% $144.90 October City of Palm Sprinqs, CA+ Total 46.3% $159.86
November City of Palm Sorinqs, CA+ Total 43.8% $154.36
December City of Palm Sprinqs, CA+ Total 28.5% $120.12
2021 January City of Palm Sprinqs, CA+ Total 31 .8% $109.98 February City of Palm Sprinqs, CA+ Total 48.4% $149.96
March City of Palm Sprinqs, CA+ Total 59.8% $176.98
April City of Palm Sprinqs, CA+ Total 65.2% $206.56
May City of Palm Sprinqs, CA+ Total 59.4% $200.66
June City of Palm Sprinqs, CA+ Total 55.8% $162.40
July City of Palm Sprinqs, CA+ Total 54.5% $154.98
Auqust City of Palm Sprinqs, CA+ Total 50.0% $147.83
September City of Palm Sprinqs, CA+ Total 51.6% $166.99 October City of Palm Sprinqs, CA+ Total 63.6% $208.35
November City of Palm Sprinqs, CA+ Total 68.7% $202.18
December City of Palm Sprinqs, CA+ Total 62.4% $187.08
2022 January City of Palm Sprinqs, CA+ Total 58.7% $182.27 February City of Palm Sprinqs, CA+ Total 71.7% $241.23
Morch City of Palm Sprinqs, CA+ Total 77.l% $262.81
April City of Palm Sprinqs, CA+ Total 75.1% $309.50
Moy City of Palm Sorinqs, CA+ Total 60.9% $220.81
June City of Palm Sprinqs, CA+ Total 52.9% $162.00
Item 3D - 32
Attachment ''C''
Item 3D - 33
Registered Vacation Rental Properties by Council District Count of Vacation Rentals District % Total VR Council Representative -
202 ' 1 8.26% Grace Garner
922 2 37.69% Dennis Woods
551 3 22.53% Geoff Kors
287 4 11.73% Christy Holstege
484 s 19.79% Lisa Middleton
2446
Item 3D - 34
8/22/2022
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16 Item 3D - 35
Attachment ''D''
Item 3D - 36
While the ultimate interpretation of a statute is an exercise of judicial power, when an administrative agency is charged with enforcing a particular statute, its interpretation of the statute will be accorded great respect by the courts and will be followed if not clearly erroneous (No Oil vs. City of Los Angeles ( 1987) 196 Cal. App. 3d 223, 245-246). Given the great deference to be given to the City's historical interpretation of its own zoning ordinance, the Court finds there is no abuse of discretion, and denies the Petition in that regard. The Court finds that the City's adoption of the 2008, 2014, 2016 and 2017 Ordinances reflect its long-standing and consistent interpretation of its Zoning Code that the STRs are not a prohibited "commercial" use of residential property. That interpretation is entitled to deference, and Petitioner has failed to establish that it is clearly erroneous (No Oil, Inc. vs. City of Los Angeles ( 1987) 196 Cal. App. 3d 223, 245- 246).
Petitioner also argues that City abused its discretion because there is nothing in Ordinance No. 1918 to ensure or require that the SRTs are actually ancillary or secondary uses of the residential properties. In response, City notes that Ordinance 1918 does not require STRs to be "ancillary and secondary" to the residential use of a property: the Ordinance reaffirms the City's longstanding determination that STRs are ancillary and secondary uses of the properties (AR 754; 3266). Accordingly, the Court finds Petitioner's demands that the STRs have a ownership residency requirement to be without merit.
Finally, Petitioner argues that Ordinance No. 1918 and City's policy is inconsistent with Palm Springs' General Plan Policy HS 1.8 (AR 0558), which directs the City to "Protect established single-family residential neighborhoods from the transition, intensification, and encroachment of uses that detract and/or change the character of the neighborhood." Petitioner argues the widespread conversion of residential dwellings to SRTs results in intensification of uses that can cause profound changes in the character of residential neighborhoods. 6
Item 3D - 37
Attachment "E"
Item 3D - 38
•• . ,
Item 3D - 39
2010 to 2020 Housing by Type of Use
2010 2020 2010 2020 2010 2020 2010 2020
Neighborhood Housing Housing Owner Owner Housing Housing Vacant Vacant Full Time Full Time Units Units Occupied Occupied Rental Rental Units Units Citywide Totals 34,791 35,184 13,458 15,263 9,287 8,649 12,046 11,004 Change in# of Units 393 1,805 -638 -1,042
% Change 2010 to 2020 1.1% 13.4% -6.9% -8.7%
% of Total Housinsz 38.7% 43.9% 26.7% 24.9% 34.6% 31.6% Source: National Demographics Corp -2010 2020 Census/ACS
Item 3D - 40