Except where the context or particular provisions require otherwise,
the following definitions shall govern the construction of this chapter.
Application.
Any application required to be submitted to the City of Santa
Barbara for discretionary or ministerial approval of a land use change
or improvement of real property that will result in a displacement
of a resident household.
Displacement.
The vacating of a rental unit by a resident household upon notice from the property owner as the result of or to enable any of the following: (1) the demolition of any rental unit on the lot; (2) the alteration of any structure on the lot in a manner that requires a permit from the City and which reduces the number of rental units on the lot; (3) the conversion of a single residential unit to a condominium unit; or (4) a change of use of real property from a residential use to a nonresidential use that requires a permit from the City. For purposes of this chapter, a displacement does not include a vacation of a rental unit as the result of the following: (1) a condominium conversion regulated and processed pursuant to Chapter
28.88 of this code; (2) a conversion of any portion of a mobilehome park or a permanent recreational vehicle park regulated and processed pursuant to Chapter
28.78 of this code; (3) a property owner's compliance with an enforcement order of the City Building Official for which the property owner has been ordered to pay relocation expenses pursuant to
Health and Safety Code Section 17980.7 or any other state or federal law; or (4) a vacation of a rental unit resulting from the damage or destruction of the unit which is caused by a natural disaster.
Eligible Resident Household.
A resident household occupying a rental unit at the time
an application is filed with the City. There shall be a rebuttable
presumption that any resident household which received a notice to
quit pursuant to Section 1946 of the
Civil Code within the six month
period preceding the filing of an application is an eligible resident
household for purposes of receiving displacement assistance pursuant
to this chapter. The presumption specified in the preceding sentence
shall not apply where the property owner provides evidence of either
of the following: (1) the resident household's occupancy ended due
to the expiration of a term lease and the tenancy was not extended
by the operation of Section 1945 of the
Civil Code; or (2) the resident
household was found to have committed an unlawful detainer pursuant
to Subdivisions 2, 3, 4 or 5 of Section 1161 of the Code of Civil
Procedure as evidenced by a final judgment of a court of competent
jurisdiction.
Immediate Family.
Immediate family includes a spouse, registered domestic partner,
children, parents, and the spouses or registered domestic partners
of children of a property owner.
Median Advertised Rental Rate.
An estimate of rental rates for residential rental units
within the City prepared annually by the staff of the Community Development
Department. For the purposes of this chapter, the median advertised
rental rate shall be calculated annually based on the median of a
representative sample of rental units advertised in a newspaper of
general circulation for one Sunday during the month of April. The
median advertised rental rate shall be published by the City each
May 1 and shall remain in effect for the next 12 months or until a
new median advertised rental rate is provided by the City. The median
advertised rental rate shall be calculated and published for the following
categories of rental units: (1) studio units (no bedrooms), (2) one
bedroom units, (3) two bedroom units, and (4) units with three or
more bedrooms. As used in this chapter, the applicable median advertised
rental rate shall be determined based on the number of bedrooms in
the rental unit to be vacated by the residential household. The methodology
for calculating the median advertised rental rate shall be approved
by the Community Development Director and described in detail in the
City's Affordable Housing Policies and Procedures.
Rental Unit.
A structure (or part thereof) used as a place of permanent
or customary and usual abode of a resident household. A rental unit
shall not include a room or any other portion of any residential unit
which is occupied by the property owner or a member of the property
owner's immediate family.
Resident Household.
Any person or group of persons entitled to occupy a rental
unit under a valid lease or rental agreement (written or oral) including
all persons who are considered residents under the
Civil Code, but
not including the owner of the rental unit or members of the owner's
immediate family.
Special Needs Resident Household.
An eligible resident household with any of the following
characteristics: (1) at least one member who is 62 years of age or
older, (2) at least one member qualifies as a disabled person pursuant
to Section 295.5 of the
Vehicle Code, or (3) the household qualifies
as a low income household pursuant to the City's Affordable Housing
Policies and Procedures.
(Ord. 5401, 2006)
Prior to any displacement or the issuance of any permit pursuant to the application, whichever occurs first, the property owner shall provide the Community Development Director with either: (1) a copy of a cancelled check evidencing payment of the displacement assistance required by this chapter to the members of the eligible resident household or (2) a copy of a written waiver or modification of the displacement assistance obligation executed by the property owner and all of the members of the eligible resident household. In order to satisfy the requirements of this section
28.89.040, the written waiver must be executed after the members of the resident household have received notice of the application and the provisions of this chapter pursuant to Section
28.89.020.
(Ord. 5401, 2006)