The purpose of this chapter is to supplement the provisions of state law governing the rights and duties of owners and tenants of residential property in the city of Laguna Beach and to partially mitigate potential hardships created when residents are forced to seek new housing when an owner seeks to evict a tenant for the purpose of demolishing or substantially remodeling the rental property. The terms used in this chapter are as defined in Civil Code Section 1946.2.
(Ord. 1696, 3/12/2024)
"Substantial remodel"
means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:
(a) 
The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.
(b) 
The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.
A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws. Cosmetic 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 remodel. This term, and all others in this ordinance are as defined in California Civil Code Section 1946.2 and any corresponding state law provisions governing the hiring of real property.
(Ord. 1696, 3/12/2024)
(a) 
For a tenancy for which just cause is required to terminate the tenancy under tenant Protection Act of 2019 ("AB 1482"), codified in part in California Civil Code Section 1946.2 ("Section 1946.2"), the following additional requirements apply to any required notice to terminate Tenancy for just cause for intent to demolish or to substantially remodel the residential real property:
(1) 
The owner shall provide a copy of the required notice to terminate tenancy and, if applicable, copies of the permit(s) or signed contract to undertake the work identified in the notice, to the city of Laguna Beach. Owners shall file the documents with the city within three calendar days of the owner serving the notice and/or documents to the tenant. The owner shall file the notices via the online portal available through the city of Laguna Beach website. If the portal is unavailable, the notices shall be delivered to the city manager, or designee.
(2) 
If the tenant notifies the owner of acceptance of offer to re-rent the unit under Civil Code Section 1946.2(b)(2)(D)(iii)(IV) (as such offer to re-rent is required to be included in the subject written notice to terminate a tenancy), the owner shall provide a copy of the Tenant's notice to accept the offer to re-rent to the city of Laguna Beach within five days of receiving the notice.
(3) 
The owner of residential real property shall, in the notice to the tenant, inform the tenant that a copy of the tenancy termination notice will be provided to the city of Laguna Beach and shall become a publicly searchable record on the city of Laguna Beach's website.
(Ord. 1696, 3/12/2024)
(a) 
Failure to file the notices with the city shall be an affirmative defense to a cause of action for unlawful detainer.
(b) 
Failure to file notices with the city shall result in the city withholding inspections for the building permits for substantial remodels.
(Ord. 1696, 3/12/2024)
Neither the enactment of the ordinance codified in this chapter nor the preparation and delivery of any disclosure statement required hereunder shall impose any liability upon the city for any errors or omissions contained in the statement.
(Ord. 1696, 3/12/2024)