HomeMy WebLinkAbout2022-01-26 Planning & transportation commission Agenda Packet_______________________
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
3. The Chair may reduce the allowed time to speak from five (5) to three (3) minutes to accommodate a larger number
of speakers.
Planning & Transportation Commission
Regular Meeting Agenda: January 26, 2022
Virtual Meeting
6:00 PM
****BY VIRTUAL TELECONFERENCE ONLY***
https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833
To prevent the spread of Covid-19, this meeting will be held by virtual
teleconference only, with no physical location. The meeting will be broadcast live
on Cable TV and through Channel 26 of the Midpen Media Center at
bit.ly/MidPenwatchnow.
Members of the public may comment by sending an email to
planning.commission@cityofpaloalto.org or by attending the Zoom virtual
meeting to give live comments. Instructions for the Zoom meeting can be found
on the last page of this agenda. Visit bit.ly/PApendingprojects to view project
plans and details.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Commission reserves the right to use more or less time on any item,
to change the order of items and/or to continue items to another meeting. Particular items may
be heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public.
Call to Order / Roll Call
Oral Communications
The public may speak to any item not on the agenda. Three (3) minutes per speaker.1
Agenda Changes, Additions, and Deletions
The Chair or Commission majority may modify the agenda order to improve meeting management.
_______________________
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
3. The Chair may reduce the allowed time to speak from five (5) to three (3) minutes to accommodate a larger number
of speakers.
City Official Reports
1.Directors Report, Meeting Schedule and Assignments
Action Items 6:15 PM – 7:15 PM
Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal.
All others: Five (5) minutes per speaker.2,3
2.PUBLIC HEARING: Recommendation for City Council Adoption of an Ordinance
Amending Palo Alto Municipal Code (PAMC) Section 9.68.035 (Relocation Assistance
for No-fault Evictions) to Apply to Structures or Lots Containing Ten (10) or More
Units, Instead of 50 or More Units.
3.PUBLIC HEARING/LEGISLATIVE: Review and Discuss Potential Ordinance Changes to
Palo Alto Municipal Code Chapter 18.09, Accessory and Junior Accessory Dwelling
Units. Environmental Assessment: Exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section
21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305.
Moved to February 9th, 2022
Committee Items
Commissioner Questions, Comments, Announcements or Future Agenda Items
Adjournment
_______________________
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
3. The Chair may reduce the allowed time to speak from five (5) to three (3) minutes to accommodate a larger number
of speakers.
Palo Alto Planning & Transportation Commission
Commissioner Biographies, Present and Archived Agendas and Reports are available online:
http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are:
Chair Ed Lauing
Vice Chair Doria Summa
Commissioner Bryna Chang
Commissioner Bart Hechtman
Commissioner Keith Reckdahl
Commissioner Giselle Roohparvar
Commissioner Carolyn Templeton
Get Informed and Be Engaged!
View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel
26.
Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org.
Material related to an item on this agenda submitted to the PTC after distribution of the
agenda packet is available for public inspection at the address above.
Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a
manner that is readily accessible to all. Persons with disabilities who require materials in an
appropriate alternative format or who require auxiliary aids to access City meetings, programs,
or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing
ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least
24 hours in advance of the meeting, program, or service.
_______________________
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
3. The Chair may reduce the allowed time to speak from five (5) to three (3) minutes to accommodate a larger number
of speakers.
Public Comment Instructions
Members of the Public may provide public comments to teleconference meetings via email,
teleconference, or by phone.
1. Written public comments may be submitted by email to
planning.commission@CityofPaloAlto.org
2. Spoken public comments using a computer will be accepted through the
teleconference meeting. To address the Board, click on the link below. Please read the
following instructions carefully.
• You may download the Zoom client or connect to the meeting in-browser. If
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• When called, please limit your remarks to the time limit allotted.
• A timer will be shown on the computer to help keep track of your comments.
3. Spoken public comments using a smart phone will be accepted through the
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Meeting ID: 916 4155 9499
Phone number: 1 669 900 6833
(you may need to exclude the initial “1” depending on your phone service)
Planning & Transportation Commission
Staff Report (ID # 13959)
Report Type: City Official Reports Meeting Date: 1/26/2022
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: City Official Report
Title: Directors Report, Meeting Schedule and Assignments
From: Jonathan Lait
Recommendation
Staff recommends that the Planning and Transportation Commission (PTC) review and
comment as appropriate.
Background
This document includes the following items:
• PTC Meeting Schedule
• PTC Representative to City Council (Rotational Assignments)
• Tentative Future Agenda
Commissioners are encouraged to contact Madina Klicheva
(Madina.Klicheva@CityofPaloAlto.org) of any planned absences one month in advance, if
possible, to ensure availability of a PTC quorum.
PTC Representative to City Council is a rotational assignment where the designated
commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi-
judicial and legislative matters. Representatives are encouraged to review the City Council
agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their
respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are
available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards-
and-commissions/planning-and-transportation-commission.
The Tentative Future Agenda provides a summary of upcoming projects or discussion items.
Attachments:
• Attachment A: January 26, 2022 PTC Meeting Schedule and Assignments (DOCX)
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Planning & Transportation Commission
2022 Meeting Schedule & Assignments
2022 Schedule
Meeting Dates Time Location Status Absences/Notes
01/12/2022 6:00 PM Virtual Meeting Regular
01/19/2022 6:00 PM Virtual Meeting Special
01/26/2022 6:00 PM Virtual Meeting Regular
02/09/2022 6:00 PM Virtual Meeting Regular
02/23/2022 6:00 PM Virtual Meeting Regular
03/09/2022 6:00 PM TBD Regular
03/30/2022 6:00 PM TBD Regular
04/13/2022 6:00 PM TBD Regular
04/27/2022 6:00 PM TBD Regular
05/11/2022 6:00 PM TBD Regular
05/25/2022 6:00 PM TBD Regular
06/08/2022 6:00 PM TBD Regular
06/29/2022 6:00 PM TBD Regular
07/13/2022 6:00 PM TBD Regular
07/27/2022 6:00 PM TBD Regular
08/10/2022 6:00 PM TBD Regular
08/31/2022 6:00 PM TBD Regular
09/14/2022 6:00 PM TBD Regular
09/28/2022 6:00 PM TBD Regular
10/12/2022 6:00 PM TBD Regular
10/26/2022 6:00 PM TBD Regular
11/09/2022 6:00 PM TBD Regular
11/30/2022 6:00 PM TBD Regular
12/14/2022 6:00 PM TBD Regular
12/28/2022 6:00 PM Cancelled Cancelled 3 Days Before NYE
2022 Assignments - Council Representation (primary/backup)
January February March April May June
Doria Summa Bryna Chang Bart Hechtman Ed Lauing Cari Templeton Giselle Roohparvar
Giselle Roohparvar Cari Templeton Keith Reckdahl Giselle Roohparvar Doria Summa Bart Hechtman
July August September October November December
Bryna Chang Doria Summa Bart Hechtman Keith Reckdahl Cari Templeton Ed Lauing
Ed Lauing Keith Reckdahl Cari Templeton Ed Lauing Bryna Chang Keith Reckdahl
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Planning & Transportation Commission
2022 Tentative Future Agenda
The Following Items are Tentative and Subject to Change:
Meeting Dates Topics
February 9, 2022
• ADU Code Changes to PAMC Chapter 18.09
• 985 Channing Avenue: Preliminary Parcel Map to Remove Height
Restriction
Upcoming Items:
Topics
• Review of 2021 Comp Plan and Housing Element Progress Report
• Downtown In-Lieu Parking Ban
• Senate Bill 9 Permanent Ordinance
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Planning & Transportation Commission
Staff Report (ID # 13877)
Report Type: Action Items Meeting Date: 1/26/2022
City of Palo Alto
Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: Action Item: Amend Tenant Relocation Assistance Threshold
Title: PUBLIC HEARING: Recommendation for City Council Adoption
of an Ordinance Amending Palo Alto Municipal Code (PAMC)
Section 9.68.035 (Relocation Assistance for No-fault Evictions)
to Apply to Structures or Lots Containing Ten (10) or More
Units, Instead of 50 or More Units.
From: Jonathan Lait
Recommendation
Staff recommends the Planning and Transportation Commission (PTC) take the following
action(s):
1. Recommend the City Council adopt an ordinance (Attachment A) amending Palo Alto
Municipal Code (PAMC) Section 9.68.035 (Relocation Assistance for No-fault Evictions)
to apply to structures or lots containing ten (10) or more units, instead of 50 or more
units.
Report Summary
Per City Council direction, staff has prepared a draft ordinance amending the existing tenant
relocation assistance threshold from 50 units to 10 units; no other changes are proposed to the
existing provisions. This Council direction is part of the Rental Protections Policies Council
discussed and supported on November 29, 2021.
Background
In 2017, a Colleagues’ Memorandum1 highlighted the importance of protecting renters and
continuing to create renter protection policies that help keep renters housed. The subsequent
eviction of many renters when a Downtown building converted to a hotel further highlighted
the need for renter protections. This led to Council action to codify tenant relocation assistance
for no-fault evictions in fall 2018 (Ordinance #5451). At the same time, another Colleagues
1 2017 Colleagues Memorandum: https://www.cityofpaloalto.org/civicax/filebank/documents/61406
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City of Palo Alto
Planning & Development Services Department Page 2
Memorandum2 was issued, emphasizing City Council’s desire to work on the issues of housing
affordability through renter protections.
In 2020, staff began working on research and analysis of renter protection policies and
programs. Staff started the policy dialogue and introduced renter protection concepts to the
PTC in September 2020 and the Human Relations Commission (HRC) in February 2021. Staff
returned to the PTC and HRC with draft policies for formal recommendation to the City Council.
On November 29, 2021, the City Council took action to support a package of rental protection
policies. As part of their motion, Council directed staff to amend the rental relocation
assistance ordinance (PAMC Section 9.68.0353) to lower the threshold of applicability; this
action was given a high priority. The attached draft ordinance (Attachment A) is in response to
that direction. For more information on all the rental protection policies please review the
Council staff report.
Existing Tenant Relocation Assistance Provisions
The existing tenant relocation assistance (TRA) provisions are part of PAMC Chapter 9.68,
Rental Housing Stabilization. This chapter includes requirements for offering a one-year written
lease and relocation assistance for no-fault evictions. The TRA applies to properties with 50 or
more rental units.
A no-fault eviction is an eviction where the tenant is evicted through no fault of their own.
PAMC Section 9.68.035(b) states that a no-fault eviction “shall include, without limitation,
actions in which the landlord seeks in good faith to recover possession of the rental unit:
1. To demolish or otherwise permanently withdraw the rental unit from offer for rent or
lease pursuant to California Government Code sections 7060-7060.7.
2. To perform work on the building or buildings housing the rental unit that will render the
rentable unit uninhabitable;
3. For use and occupancy by the landlord or the landlord's spouse, grandparents, brother,
sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents
provided the landlord is a natural person.
4. For no specified cause.”
A no-fault eviction does not include circumstances such as the tenant failing to pay rent, being a
nuisance, or damaging the property/unit.
The amount of TRA is based on a unit’s bedroom count and, beginning in 2019, is required to be
updated annually “at the rate of increase in the ‘rent of primary residence’ expenditure
category of the Consumer Price Index (CPI) for all urban consumers in the San Francisco-
2 2018 Colleagues Memorandum:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=65189.46&BlobID=66602
3PAMC Section 9.68.035: https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-
66765#JD_Chapter9.68
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City of Palo Alto
Planning & Development Services Department Page 3
Oakland-San Jose Region for the preceding calendar year.” Table 1 reflects the initial TRA
amounts that were codified in 2018 and includes the 2021 TRA payment amounts; 2022
amounts have not been calculated yet.
Table 1: Tenant Relocation Assistance Payment
Unit Type 2018 2021
0 bedrooms $7,000 $7,611.85
1 bedroom $9,000 $9,786.67
2 bedrooms $13,000 $14,136.31
3 or more bedrooms $17,000 $18,485.94
The existing TRA provisions also include a supplemental payment for low-income households, a
tenant who is 60 years of age or older, a tenant who is disabled, or a tenant who is a minor
(2018 amount $3,000).
Discussion
Proposed Code Amendment
On November 29, 2021, the City Council directed staff to amend the TRA ordinance to lower
the threshold of applicability from 50 units to 10 units. In Palo Alto, properties with 50 or more
rental units equates to approximately 22% of the rental housing units, leaving the majority of
renter households ineligible for assistance. Outside of the 2018 conversion of the Hotel
President apartments to a hotel use, tenant relocation assistance has not been triggered.
Per Council’s direction, lowering the threshold to properties with 10 or more units would result
in more than double the number of rental units covered. This shift would incorporate the
medium sized properties in Palo Alto and cover a total of 45% of all rental units in the City. A
summary of the rental City’s housing inventory by unit type and percentage is in Table 2.
Table 2: Palo Alto Rental Housing Stock by Type
Single
Family
Detached
Single
Family
Attached
Duplex
Triplex
and
Fourplex
Small
Apartment
(5 to 9
units)
Medium
Size
Apartment
(10 to 19
units)
Medium
Size
Apartment
(20 to 49
units)
Large
Apartment
Complex
(50+ units)
Total
Number
of Units 3,234 489 294 1,002 1,362 1,228 1,579 2,576 11,764
% of
Total
Units
27.49% 4.16% 2.50% 8.52% 11.58% 10.44% 13.42% 21.90% 100.00%
Covered by Current Ordinance
Covered by Draft Ordinance
Source: American Community Survey
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City of Palo Alto
Planning & Development Services Department Page 4
Other Tenant Relocation Assistance Programs in Bay Area
As shown in Table 3, these surveyed cities require relocation assistance through a variety of
standards and eligibility criteria. All cities in the table require relocation assistance for all rental
units, regardless of how many units exist on a property. Typically, any long-term tenants at risk
of displacement from their homes due to removal from the rental market are awarded some
help for being evicted through no fault of their own. Providing relocation assistance helps
impacted tenants with the large costs associated with moving into a new unit. Assisting with
funding gives tenants a greater chance to stay within the community when searching for and
moving into a new home.
Table 3: Cities with Tenant Relocation Assistance
City Population Payment
Berkeley, CA 120,926 Based on relocation duration
Concord, CA 129,183 2x Monthly Rent or $5,000
Mountain View, CA 82,379 Based on eligibility criteria
Oakland, CA 433,031 Based on eligibility criteria
San Francisco, CA 802,235 Based on eligibility criteria
San Jose, CA 1,002,000 Based on eligibility criteria
Santa Cruz, CA 64,608 2x or 3x Monthly Rent
Cost Burden and Displacement
According to 2019 5-Year Estimate data from American Community Survey (ACS), the median
rent in Palo Alto across all unit types is $2,569. A rent is considered affordable if a household is
spending 30% of their income or less on the rent. If a household is paying more than 30% of
their household income, the household is considered cost burdened. 37.48% of Palo Alto renter
households are considered cost burdened, meaning not only is it difficult to pay rent but it
would be even more difficult to pay for the associated initial costs of moving into a new unit.
Table 4: Rental Household Income and Cost Burden4
Income Level
Number
of Units
Percent of
Total Renter
Units
Cost
Burdened
Units
Percent of Cost
Burdened Units in
Income Tier
Less than $20,000 1,344 11.4% 1,135 84.45%
$20,000 to $34,999 752 6.4% 672 89.36%
$35,000 to $49,999 600 5.1% 449 74.83%
$50,000 to $74,999 1,319 11.2% 968 73.39%
4 2019 5-Year Estimate data from American Community Survey
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City of Palo Alto
Planning & Development Services Department Page 5
Income Level
Number
of Units
Percent of
Total Renter
Units
Cost
Burdened
Units
Percent of Cost
Burdened Units in
Income Tier
$75,000 or more 6,958 59.1% 1,185 17.03%
Zero or Negative Income 369 3.1%
No Cash Rent 422 3.8%
TOTAL UNITS 11,764 100% 4,409 37.48%
For renter households making less than $75,000, 80.1% of those households are considered
cost burdened. This number is reached by the total number of cost burdened units in orange by
the total number of rental households making less than $75,000. This means that most of the
lowest income renter households are at a serious disadvantage when attempting to find new
homes because they have been evicted through no fault of their own. Lowering the unit per
property threshold to ten would help displaced tenants relocate, helping with moving
expenses, security deposits, and other costs. Depending on their income, the displaced
household may not be able to relocate in Palo Alto.
It should be noted that, under SB 330, tenants displaced from their housing for the construction
of new housing, do have some rights to return and relocation payments. The rental rates,
however, may increase if they return to the redeveloped project.
Affirmatively Furthering Fair Housing
Affirmatively Furthering Fair Housing (AFFH) has been identified as a high priority by the
California Department of Housing and Community Development (HCD) during the next cycle of
the Regional Housing Needs Assessment (RHNA) and the Housing Element process. AFFH seeks
to combat housing discrimination, eliminate racial bias, undo historic patterns of segregation,
and lift barriers that restrict access in order to foster inclusive communities and achieve racial
equity, fair housing choice, and opportunity for all residents.
According to HCD, renter protections are an example of AFFH because they are a strong anti-
displacement tool. One example given by HCD of renter protections is tenant relocation
assistance and, therefore, an example of AFFH. The expansion of the TRA provisions would
support the AFFH direction furthering the City’s compliance.
Denotes More than 50% of Units are Cost Burdened
Denotes Less than 50% of Units are Cost Burdened
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City of Palo Alto
Planning & Development Services Department Page 6
Possible Impacts of Expanding TRA Applicability
Developers have highlighted that a drawback to lowering the TRA threshold could be an extra
cost to developers and landlords in Palo Alto. According to developers, this could deter some
development. While the TRA only applies at the time of the no-fault eviction, property owners
could increase monthly rental rates to provide reserves should they need to make a relocation
payment.
The tenant relocation assistance provision could also deter or delay the renovation of existing,
occupied housing units. Delay of renovations could decrease the quality of housing stock in Palo
Alto. Given, however, that many cosmetic and other renovations can occur without the need of
vacating a unit, the PTC should not expect wholesale diminishment in the quality of rental
housing stock.
Summary of Key Issues
On balance, lowering the tenant relocation assistance threshold would align with the City’s
interests and priorities.
• The 10-unit threshold will cover 45% of rental units, which more than doubles the
existing protections.
• The code amendment is consistent with Council direction and Comprehensive Plan
goals.
Policy Implications
The Comprehensive Plan is the primary tool for guiding preservation and development in Palo
Alto. The Plan reflects community values and provides a collective vision that both guides
preservation and growth and change. Goal L-2 in the Comprehensive Plan5 is “[a]n enhanced
sense of community, with development designed to foster public life, meet citywide needs and
embrace the principles of sustainability.” With that in mind, one of the implementations for
that section of the Comprehensive Plan was to “conduct a study to evaluate various possible
tools for preventing displacement of existing residents.” Tenant relocation is one such tool, as it
helps those evicted from their homes through no fault of their own cope with the difficulties
and costs associated with renting a new unit. The expansion of TRA provisions is consistent with
the Comprehensive Plan.
Environmental Review
The recommendation in this report is not subject to the provisions of the California
Environmental Quality Act as it does not meet the definition of a ‘project’ as defined in Public
Resource Code Division 13, Section 21065.
5 2030 Comprehensive Plan: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Long-
Range-Planning/2030-Comprehensive-Plan
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City of Palo Alto
Planning & Development Services Department Page 7
Public Notification, Outreach & Comments
Notification to the Daily Post newspaper occurred on January 14, 2022 for this meeting. As of
the writing of this report, no correspondence was received. All individuals and organizations
that made public comment about renter protections during the November 2021 City Council
discussion have been notified of this meeting.
Next Steps
Following PTC’s recommendation, the draft ordinance will be forwarded to City Council for
action, which is anticipated for March 2022.
Report Author & Contact Information PTC6 Liaison & Contact Information
Lauren Bigelow, PBF Fellow Rachael Tanner, Assistant Director
(510) 663- 4387 (650) 329-2167
lauren.bigelow@cityofpaloalto.org rachael.tanner@cityofpaloalto.org
Attachments:
• Attachment A - Ordinance Amending Ch 9.68 Relocation Assistance for No-Fault
Eviction (PDF)
6 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org
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*NOT YET APPROVED*
0160061_20220118_ay16 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 9.68
(Rental Housing Stabilization) of Title 9 (Public Peace, Morals, and Safety) of
the Palo Alto Municipal Code to Extend Relocation Assistant Requirements
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Renters occupy 45% of the housing units in Palo Alto and 37% are rent burdened,
particularly those households in which the household would be considered low income
under Santa Clara County’s area median income.
B. Tenants evicted in Palo Alto are forced to incur substantial costs related to new housing
including, but not limited to, move-in costs, moving costs, new utility hook-ups,
payments for temporary housing, and lost work time seeking housing.
C. Move-in costs commonly include first and last month's rent plus a security deposit equal
to one month's rent, leading to total relocation expenses in excess of three months'
rent.
D. Tenants who do not have adequate funds to move and who are forced to move
pursuant to no-fault eviction notice face displacement and great hardship
E. The impacts of these no-fault evictions are particularly significant on low-income,
elderly, and disabled tenants, and tenants with minor children, justifying an additional
payment for households with these tenants.
F. On November 29, 2021, the City Council held a public meeting to discuss a variety of
renter protection measures and directed staff to lower the number of units in the
previous tenant relocation assistance ordinance from properties with 50 units or more to
properties with ten units or more.
G. On January 26, 2022, the Planning and Transportation Commission considered the
ordinance and recommended adoption to the City Council.
SECTION 2. Section 9.68.035 (Relocation Assistance for No Fault Eviction) of Chapter
9.68 (Rental Housing Stabilization) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto
Municipal Code is amended as follows (strikethrough text is deleted, underlined text is added):
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*NOT YET APPROVED*
0160061_20220118_ay16 2
9.68.035 Relocation Assistance for No Fault Eviction.
a) This section shall be applicable only to structures or lots containing 50 10 or more rental
units.
b) For the purposes of this section, a "no-fault eviction" means an action by a landlord to
recover possession of a rental unit for any reason other than the following:
1. The tenant has failed to pay rent to which the landlord is legally entitled.
2. The tenant has violated a lawful obligation or covenant of the tenancy.
3. The tenant has refused the landlord reasonable access to the unit for the purposes
of making repairs or improvements, for any reasonable purpose as permitted by
law, or for the purpose of showing the rental unit to any prospective purchaser or
tenant.
4. The tenant is permitting a nuisance to exist in, or is causing damage to, the rental
unit.
5. The tenant is using or permitting a rental unit to be used for any illegal purpose.
6. The landlord seeks in good faith to recover possession of the rental unit in order
to comply with regulations relating to the qualifications of tenancy established by
a governmental entity, where the tenant is no longer qualified.
No fault evictions shall include, without limitation, actions in which the landlord
seeks in good faith to recover possession of the rental unit:
7. To demolish or otherwise permanently withdraw the rental unit from offer for
rent or lease pursuant to California Government Code sections 7060-7060.7.
8. To perform work on the building or buildings housing the rental unit that will
render the rentable unit uninhabitable;
9. For use and occupancy by the landlord or the landlord's spouse, grandparents,
brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law,
children, or parents provided the landlord is a natural person.
10. For no specified cause.
c) Whenever a landlord seeks a no-fault eviction, as defined in this section, other than
temporary displacement of 31 days or fewer, the landlord shall provide a relocation
assistance payment as follows:
1. Unit Type Amount
0 bedrooms $7,000
1 bedroom $9,000
2 bedrooms $13,000
3 or more bedrooms $17,000
If the rental unit is occupied by two or more tenants, the landlord shall provide
each tenant with a proportional share of the required payment. One half of the
payment shall be paid at the time that the landlord provides notice of its intent to
seek no-fault eviction; the remainder of the payment shall be paid to each tenant
when that tenant vacates the unit.
2. Notwithstanding subsection (d)(1), each rental unit that, at the time the landlord
provides notice of its intent to seek no-fault eviction, is occupied by a low-income
household as defined in Chapter 16.65, a tenant who is 60 years of age or older, a
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tenant who is disabled within the meaning of Government Code section 12955.3,
or a tenant who is a minor, shall be entitled to a single additional relocation
payment of $3,000. This amount shall be divided equally among the qualifying (i.e.
low-income, elderly, disabled, or minor) tenants. In order to receive this additional
payment a qualifying tenant must provide written notice to the landlord of his or
her eligibility along with supporting evidence within 15 days of receiving the
landlord's notice. The entirety of this additional payment shall be paid within 15
days of the tenant's written notice to the landlord.
d) Prior to or at the same time that the landlord provides notice of its intent to seek no-fault
eviction, the landlord shall serve on the tenant a written notice describing the rights
described in this section. The failure to provide this notice shall not operate as a
substantive defense to an eviction pursuant to California Government Code sections
7060-7060.7.
e) Commencing July 1, 2019, the relocation payments specified in this section shall increase
annually at the rate of increase in the "rent of primary residence" expenditure category
of the Consumer Price Index (CPI) for all urban consumers in the San Francisco-Oakland-
San Jose Region for the preceding calendar year. Current rates shall be published on the
city's website.
f) A landlord may request a waiver or adjustment of the relocation assistance payment
required by this section only upon a showing that strict application of its requirements
would effectuate an unconstitutional taking of property or otherwise have an
unconstitutional application to the property. Requests for waiver or adjustment must be
submitted in writing to the director of planning and development services together with
supporting documentation at least 90 days before the proposed termination of tenancy.
Requests shall be acted on by the city council.
g) The director of planning and development services may issue regulations implementing
this section.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
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SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
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