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including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days"
(Civ. Code§ 1946.2(b)(2)(D)(ii)); and
WHEREAS, AB 1482's just cause eviction provisions specify that "[c]osmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation" (Civ. Code§ 1946.2(b)(2)(D)(ii)); and WHEREAS, AB 1482 permits a landlord to evict a tenant to "substantially remodel" the rental unit and then raise rents above AB 1482's rent caps when a new tenancy begins; and
WHEREAS, AB 1482's just cause eviction provisions expressly authorize local agencies (like the City of Burbank) to adopt ordinances that are "more protective" than AB 1482's just cause eviction provisions, in which case, the "more protective" local ordinance will apply to non-exempt residential real property (Civ. Code§ 1946.2(g)(1 )(B)); and WHEREAS, like many cities in Los Angeles County, the City of Burbank is experiencing a housing affordability crisis and a humanitarian crisis of homelessness that would be exacerbated by the displacement of renters; and WHEREAS, the City is concerned that, without "more protective" local just cause eviction provisions, "substantial remodel" evictions will result in displaced tenants becoming homeless.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this urgency ordinance.
SECTION 2. Environmental Review
The City Council finds and determines that the adoption of this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Urgency Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Urgency Ordinance will have a significant effect on the environment.
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