HomeMy WebLinkAbout220426_Ordinance 6.22 Amending Article XIII of Chapter 36 Tenant Relocation AssistanceOil +IR'TI ETTCITTCODE KtLA1 W 1U • • i i "•
TENANT RELOCATION ASSISTANCE BENEFITS AND A FIRST RIGHT OF RETURN TO MOBILE HOME
TENANTS O RENT i MOBILE HOME• •:ILE HOME PARK,1
FINDING ORDINANCE TO BE EXEMPTFROM i•NIA ENVIRONMENTAL QUALITY
ACT UNDER CEQA GUIDELINES SECTION1.
WHEREAS, the procedures set forth in Chapter 36, Article XVI, Division 13 of the Mountain
View City Code (City Code or Code), whereby the City can amend Chapter 36, have been
executed; and
WHEREAS, Chapter 36 of the Mountain View City Code requires the Environmental Planning
Commission and City Council each hold a duly noticed public hearing regarding any proposed
amendment to Chapter 36; and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on
March 2, 2022 and recommended the City Council approve the amendments to Chapter 36 in
this Ordinance; and
WHEREAS, the City Council held a public hearing on April 12, 2022 and received and
considered all information presented at said hearing regarding the amendments to Chapter 36,
including the recommendation from the Environmental Planning Commission, the City Council
report, oral comments, and written materials submitted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY
ORDAIN AS • •
Section 1. Council Findings. The City Council finds and determines that Chapter 36 (Zoning)
of the Mountain View City Code should be amended as set forth in this Ordinance, pursuant to
the required findings in Section 36.52.70 of the City Code, based on all evidence and information
in the record:
1. The proposed text amendments are consistent with the General Plan;
2. The proposed text amendments would not be detrimental to the public interest,
health, safety, convenience or welfare of the City;
Ordinance No. 6.2
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3. The proposed text amendments are in compliance with the provisions of the
California Environmental Quality Act (CEQA); and
4. The proposed text amendments are internally consistent with Chapter 36.
Section 2. Chapter 36, Article XIII, "Tenant Relocation Assistance," of the Mountain View
City Code is hereby amended to read as follows:
"ARTICLE XIII.
TENANT RELOCATION ASSISTANCE.
SEC. 36.38. - Statement of purpose.
The purpose of this Article is to help mitigate the adverse health, safety and economic
impacts experienced by moderate- to very low-income tenants of rental housing who are
displaced from their residences due to a demolition of a rental unit, a remodel or redevelopment
of rental unit, a conversion of rental unit to a condominium unit Ora change of use of real
property from a residential use to a nonresidential use by requiring the property owner to
mitigate the impact on these tenants consistent with this Article, the Community Stabilization
andFairRentAct,KAountainViexvK4unidpa|CharterArtideXV||("CSFRA")andtheK4nbi|eHonne
Rent Stabilization Ordinance, Mountain View City Code Chapter 46 ("K4HRSO"). The protections
provided by this Article apply to tenants of any residential building or structure including tenants
renting a mobile home. The protections of this Article do not apply to the rental of mobile home
spaces from apark owner bymobile home owners, assuch terms are defined inSec. 46.2,but do
apply to the rental of the mobile home itself from a mobile home owner by a tenant.
SEC. 36.38.15. - Definitions.
Throughout this Article, the following words and phrases shall have the meaning ascribed in
this Section. The definitions in the CSFRA or the MHRSO, whichever is applicable, shall apply to
terms not otherwise defined in this Section.
a. Application. An application required to be submitted tothe city for discretionary 0r
ministerial approval of land use Change or improvement of real property that will result in a
permanent displacement ofaresidential household.
b. Displace or displacement. The vacating ofarental unit (as defined below) covered bv
the CSFRA or the MHRSO or the vacating of three (3) or more rental units on a parcel for those
rental units that are not covered by the CSFKA or the MHR3C>, including rental units that are
exempt from the MHRSO pursuant to Sec. 46.4(d), by residential households within a one (1) year
period upon notice from the landlord as the result of or to enable any of the following:
1. The landlord seeks in good faith to recover possessiontowithdraw all rental
Ordinance No. 6.22
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the rental housing market asprovided inGovernment Code § 7O60,etseq,orother applicable
law, if any;
2. The landlord, having obtained all necessary permits from the city, seeks ingood
faith to recover possession to remove the rental unit permanently from rental housing use
through demolition;
3. The landlord, after having obtained all necessary permits from the city or where
applicable the state, seeks in good faith to undertake substantial repairs that are necessary to
bring the rental unit into compliance with applicable codes and |avvS affecting the health and
safety of tenants of the rental unit or otherwise to remodel, renovate or rehabilitate the rental
unit which will render the rental unit uninhabitable for a period of thirty (30) days or more,
resulting inthe displacement Dftenants;
4` The landlord seeks the conversion of a building into a condominium, community
apartment or stock cooperative, as those terms are defined in California Government Code and
Business and Professions Code;
5. Achange of use of real property from a residential use to o nonresidential use
that requires a permit or approval from the city;
G. The change from rental to ownership units where the units were rented out for
a period of time after being approved for sale; or
7. The landlord seeks torecover possessionufthe rental unit ingood faith for use
and occupancy as a primary residence by the landlord, or the landlord's spouse, domestic
partner, children, parents or grandparents. For purposes of this Section, landlord shall only
include a landlord that is a natural person and has at least a fifty (50) percent recorded ownership
inthe property.
For the purposes of this Article, adisplacement does not include avacation ofarental
unit as the result of the following:
A. AoVDver5iVn of any portion of mobile home park regulated and processed
pursuant to Chapter 28 of this code; provided, however, the vacation of rental units by tenants
of any Such mobile home park who are not mobile home owners, as that term is defined in
Chapter 46, is displacement and entitled to the protections of this Article;
B. A landlord's compliance with an enforcement order of the city chief building
official for which the property owner has been ordered to pay relocation expenses pursuant to
Health and Safety Code 617975,ets*q.,urany other state orfederal law;
C. A vacation of a rental unit resulting from the damage or destruction of the unit
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D. Temporary displacement due to substantial repairs, remodeling, renovations or
rehabilitation of rental units which will render the rental unit uninhabitable for a period of thirty
(30) days or more, in those instances when the landlord provides the tenant and the tenant elects
to accept an offer to move to a comparable vacant rental unit owned by the landlord at the same
rent on-site urnearby; or
E. The residential household hes not paid rent as required by the rental housing
agreement or was found to have committed an unlawful cletainer pursuant to Subdivisions 2, 3,
4 or 5 of § 1161 of the Code of Civil Procedure as evidenced by a final judgment of court of
competent jurisdiction.
C. Eligible residential household. A displaced residential household provided the annual
household income does not exceed one hundred twenty (120) percent of the median household
income for the county as adjusted for household size according to the state Department of
Housing and Community Development as adjusted annually plus five thousand dollars ($5,000).
d. Landlord. An owner, lessor orsublessor orany other person entitled to receive rend
for the use and occupancy Vfany rental unit, or the agent, representative, predecessor or
successor of any of the foregoing. With respect to mobile homes, the landlord means the owner
of the mobile home, which may or may not be the same as the owner of the mobile home space.
e. Property. All rental units unaparcel orlot orcontiguous parcels orcontiguous lots or
within a mobile home park under common ownership.
t Relocation assistance. Relocation assistance bprovided per rental unit, not per
tenant. If multiple residential households u/individuals occupy asingle rental unit, relocation
assistance shall be paid to the household or individual entitled to occupy a rental unit under a
valid rental housing agreement with the landlord.
l. Relocation assistance shall include all ofthe following:
(a) Afull refund ofatenant's security deposit, except for funds that may be
necessary to repair tenant's damage to property in rental units that will be reoccupied prior to
undergoing renovation ordemolition.
/b\ Unlimited access to a subscription service to a n8nt8| agency until the
earlier of the tenant securing alternative housing or the termination of the tenancy.
(c) Relocation advisory services of the third -party agency, including extended
advisory and personalized replacement housing assistance based on a household's preferences,
housing budget, preferred location and other requirements, and providing up to five (5) rounds
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of referrals through analysis of available rental housing, including intmrne1 listings, contact with
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property management companies, available affordable housing options, including wait -list
opportunities, and other leads onhousing.
(d) The cash equivalent of three /3\ months' rent, based On the median
monthly rent for 8 similar -sized unit with the same number of bedrooms and bathrooms as
determined by a survey taken at least once a year of apartment rents in Mountain View.
/e\ Anadditional eight thousand dollars per rental unit forspecial-
circumstances households adjusted annually for inflation based on the Consumer Price Index for
the San Francisco Bay Area. The adjustment shall be made at the beginning of the calendar year.
2. For those residential households receiving written notice prior to entering into
e written or oral agreement to become a tenant, that an application to convert their rental unit
to another use was on file with the city or had already been approved and would result in their
displacement, relocation assistance shall only include a sixty (50) day subscription to a rental
agency.
3. Iftenants are eligible forre|omatonbenefitsunderstateorfcdena||avv tenant's
relocation benefits shall be consistent with whichever law provides the greatest level of benefit.
g. Rental housing agreement. An agreement, ons| or written, or inn9|ied, between a
landlord and tenant for use or occupancy of a rental unit and for housing services.
h. Rental unit. Any building, structure or part thereof,or mobile home in a mobile home
park and land appurtenant thereto, or any other property rented or offered for rent for
residential purposes, together with all housing services connected with use or occupancy of such
property, such as common areas and recreational facilities held out for use by the tenant.
Exemptions: For purposes of this Article, arental unit shall not include:
1. Rental units in hotels, motels, inns, tourist homes and rooming and boarding
houses which are rented primarily to transient guests for a period of fewer than thirty (30) days
as defined in Mountain View City Code subsection 33.1.d.
2. A room or any other portion of any rental unit which is occupied by the landlord
or a member of the landlord's immediate family.
3. Asingle-family dwelling other than amobile home, except where three /3Jur
more dwelling units are located on one (1) lot.
/L A unit in a common -interest development where units are owned by different
Ordinance No6.22
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5. A mobile home space that is rented to a mobile home owner except to the
extent that such space is included as part of the rental of the mobile home.
i Residential household. Any person or group of persons entitled by rental housing
agreement to use or occupy a rental unit to the exclusion of others.
i Special -circumstances households. Aneligible residential household with any ofthe
following characteristics:
l. Atleast one (1) member issixty-two (62) years ofage orolder;
2. At least one (1) member qualifies as disabled as defined by Title 42, United
States Code, Section 423 or in Government Code Section 12955.3; or
3. Is a household with one (1) or more minor children (nineteen (19) years of age
or under) who are legally dependent (as determined for federal income tax purposes).
k. Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled under the
terms of a rental housing agreement to the use or occupancy of any rental unit.
l. Third -party agency. Relocation assistance specialist, agency and/or other third -
party agency hired by the city and paid for by the landlord to assist with the relocation assistance
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process set forth inthis Article.
SEC. 36.38.20. - Requirement to provide relocation assistance.
No landlord shall cause the displacement of residential households without paying
relocation assistance to eligible residential households in accordance with the provisions ofthis
SEC. 36.38'25' - Relocation assistance procedure.
a. Displacement related to development and building permits of three (3) or more
rental units within one (1) year other than mobile homes.
1. Notice of intent.
(a) Landlord required to provide notice of intent Landlord shall provide a
notice ofintent on e dtv-pre8pproved form to residential households residing on the property
within thirty (30) days of filing an application for discretionary or ministerial approval of land
use change or improvement of real property bxthe city that will result in a displacement of
residential household. The notice of intent shall be personally delivered or served by mail, in the
manner required by Code of Civil Procedure § 1162. Landlord shall also provide a copy of the
notice ofintent tothe city.
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/b\ Contents. The notice of intent shall contain all of the following
/1\ The name and address of the current property owner and/or
developer of the project on the property;
(2) If applicable, a description of the application(s) being filed and a
general time frame for the project approval and the residential household's right to receive
written notice for each hearing and right to appear and be heard at the land use hearing;
(3) An explanation of the relocation assistance available to eligible
residential households and special -circumstances households, information on eligible residential
household incomes and the procedure for submitting claims for relocation assistance; and
(4) Other information deemed necessary or desirable by the city.
(c] Notice of intent verification. Within forty-five N5\days ofthe filing nfan
application for discretionary or ministerial approval of a land use change or improvement of real
property, the landlord or agent of the landlord shall submit to the community development
department a duplicate copy of the notice of intent given to each residential household and a
declaration indicating that each notice was personally delivered or served by mail, in the manner
required by Code of Civil Procedure § 1162.
(d) Notice to third -party agency' Landlord shall provide the following
information tothe third -party agency under penalty ofperjury: th9address the number ofeach
rental unit being displaced, monthly rents for those units, the number of bedrooms and
bathrooms of each rental unit, the names of every member of the residential household who is
a signatory on the rental housing agreement for the rental unit, the household income as shown
On any rental housing agreement -related documents and the number ofhousehold members,
including children. Where there is no written rental housing agreement, the landlord shall
provide the name of every person the landlord considers to be 8 resident under an oral rental
housing agreement.
2. Payments escrow account. The landlord shall open anescrow account and
deposit relocation assistance funds into that account no later than thirty (30) days after filing an
application that will be used by the third -party agency for relocation assistance payments to
eligible residential households. The amount of the deposit shall be determined by the community
development department, and unused funds shall be returned to the landlord after all relocation
assistance has been paid asverified bythe third -party agency.
3. Claim form. To qualify for relocation assistance, tenants must complete 8 claim
form and provide it to the third -party agency who will determine their eligibility for relocation
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assistance. Residential households must file e claim before the date tovacate as stated on the
Ordinance No. 6.22
Page 8ofl4
notice of termination in order to be eligible for relocation assistance payments. After
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determination of eligibility, one-half /I/2\ of the relocation assistance shall be paid to eligible
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residential households within fifteen (15) days ofthe date the claim form is submitted to the
third -party agency and the remaining one-half (1/2) shall be paid when the household secures
alternative housing as evidenced by a signed rental agreement or other documentation or
vacates the rental unit, whichever occurs first.
/i Fees. The landlord shall pay a fee to the city for the cost of the assistance of the
third -party agency b) provide relocation assistance pursuant tothis Article in an amount set by
resolution ofthe city council.
5. Verification of compliance. Prior to issuance of demolition permits, building
permits or other city permits that would result in the displacement of tenants from a rental unit
subject to this Article, the city must receive verification from the third -party agency that all
eligible residential households who applied and qualified for assistance have received relocation
assistance. This verification shall be submitted in a form acceptable to the city.
6. Notice of termination.
(a) For the withdrawals of the unit permanently from the rental market,
landlord shall provide a written notice of termination to all tenants subject to displacement at
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least one hundred twenty /130>days orone (l)year inthe case tenants are defined a3senior or
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disabled under Government Code § 12955.3 prior tothe date u tenant must vacate the rental
unit pursuant to Government Code § 7060.4. The date to vacate shall not be prior to the city's
determination that the landlord has complied with this Article.
(b) For all other displacements, landlord shall provide written notice of
termination to all tenants subject to displacement pursuant to Civil Code §§ 1945, 1946.1 and
1946.2. The date to vacate shall not be prior to the city's determination that the landlord has
complied with this Article.
b. Displacement from any mobile home rental unit or fewer than three (3) rental units.
1. Notice of termination.
(a) Landlord required to provide notice of termination. A landlord who
intends to provide a residential household with a notice of termination for any displacement from
a mobile home rental unit or from fewer than three (3) rental units shall file a copy of such notice
to the city within three (3) days after serving the notice on the tenant. The notice shall be
personally delivered to the residential households or served by mail, in the manner required by
Code ufCivil Procedure §ll6Z.
Ordinance No. 62Z
Page gof14
/b\ Contents. The notice of termination must state with specificity the basis
on which the landlord seeks to terminate the tenancy and notify the tenants of their rights under
this Article.
ki Third'sartyagency. Within five (5) business days of providing copy of a
notice of termination to the city, the landlord is required to provide to the third -party agency as
identified by the city: the address of each rental unit being displaced, the number of bedrooms
and bathrooms of each rental unit, the names of every member of the residential household who
are a signatory on the rental housing agreement for the rental unit, the household income as
shown on rental housing aBreernen1-re|eted documents, and the number of household
members, including children. Where there is no written rental housing agreement, the landlord
shall provide the name of every person the landlord considers to be a tenant under an oral rental
housing agreement.
2. Claim form. To qualify for relocation assistance, tenants must complete a claim
form and provide it to the third -party agency before the actual termination date in order to be
eligible for n2|nc81ion assistance payments. The third -party agency will determine their eligibility
for relocation assistance. After determination of eligibility, and within fifteen (15) days of the
date the claim form is submitted to the third -party agency, the full amount of relocation
assistance shall be paid directly by the landlord to the residential household. The third -party
agency will confirm issuance of payment by means of an acknowledgement of payment form.
3. Payment. Landlord shall directly pay the full amount of relocation assistance as
determined bvthe third -party agency toeligible residentia|househu|dsvvithinfifteen(15)days
of the date a tenant submits a claim form and provide proof of payment to the third -party agency.
4. Fees. The landlord shall pay afee to the city for the cost of the assistance of the
third -party agency to provide relocation assistance pursuant to this Article in an amount set by
resolution of the city council.
5. Verification of compliance. Within five (5) days ufreceiving verification from the
third -party agency, the city shall review landlord's compliance with this Article.
C. Translation of documents for those with limited English proficiency. Documents
related to this Section regarding relocation assistance that are to be provided to the tenant,
including the notice of intent, notice of termination and claim forms, shall also be provided in
Spanish, Chinese and/or Russian, as needed, or other languages as requested that is responsive
to the needs of the tenant population who have limited English proficiency and in accordance
with this program's language access plan inthe administrative guidelines.
Ordinance No. 6J2
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SEC. 36 -38'30. -First right of return—The Community Stabilization and Fair Rent Act and Mobile
Home Rent Stabilization Ordinance.
a. Purpose and scope. The Community Stabilization and Fair Rent Act ("CSFRA") and
Mobile Home Rent Stabilization Ordinance /"K4HRSO"\ both require etenant whose tenancy k;
terminated when a covered rental unit or mobile home is permanently withdrawn from the
residential rental market to have the first right of return to the covered rental unit or mobile
home if that rental unit or mobile home is returned to the residential rental market by the owner
(as defined below) or successor owner. The city hereby arts pursuant to Government Code
§ 7060, et seq., to establish certain requirements, procedures and mitigations regarding the first
right of return when a building containing covered rental units, Or all of the mobile home rental
units owned bythe owner located within amobile home park, are permanently withdrawn from
the residential rental market.
b. Definitions. For purposes of Sec. 36.38.30 through 36.38/40, the definitions in the
CSFRA or the MHRSO, whichever is applicable, shall apply to terms not otherwise defined in this
Section or Sec. 36.38.15.
Accommodations shall mean either ofthe following:
(a) The residential rental units in any detached physical structure containing
four (4)Vrmore residential rental units.
(b) With respect to a detached physical structure containing three (3) or fewer
residential rental units, the residential rental units in that structure and in any other structure
located onthe same parcel of land under common ownership, including any detached physical
structure specified insubparagraph (a)above.
2. Owner shall mean only the holder of record title having the entire legal and
equitable title to the property, or the successor -in -interest thereto. It shall not include the lessor,
sublessor, agent or representative of the owner. With respect to mobile homes, "owner" shall
rn8on the owner of the mobile home, who may or may not be the same as the owner Vfthe
rnpbi|S home park. It is the intention of these Sections to permit only the "owner" as defined
herein to have and exercise the privileges and responsibilities set forth in this Article.
3. Withdrawal shall mean the eviction of all tenants from all residential rental units
onaparticular property, Vrinthe case ofmobile homes, the eviction ofall tenants from all mobile
homes under common ownership or control located in a mobile home park, through compliance
with the requirements of Sec. 36.30.40, et seq.
SEC. 3G.38.35' - Intentionally Omitted.
Ordinance No 5.22
Page 11 of 14
fum, the rental market.
Any accommodations which have been withdrawn from rent or lease and which were
subject to the CSFRA or the MHRSO, or which were exempt from the K4HRSO pursuant to
Sec. 46.4(d)atthe time ofwithdrawal shall besubject LVthe following conditions and restrictions
ifsaid accommodation isagain offered for rent orlease:
a. For all tenancies commenced during either of the time periods described in
subsections 1. and 2. below, the accommodations shall be offered and rented or leased at the
lawful rent in effect etthe time any notice ufintent to withdraw the accommodations was filed
with the city, plus annual adjustments available under the CSFRA, the MHRSO or any Accord as
that term isdefined inSec. 4G.2,whichever isapplicable:
l. The five /5\ year period after any notice of intent to withdraw the
accommodations is filed with the city, whether or not the notice of intent is rescinded or the
withdrawal of the accommodations is completed pursuant to the notice of intent.
2. The five (5) year period after the accommodations are withdrawn.
3. This subdivision shall prevail over any conflicting provision of law authorizing the
landlord to establish the rental rate upon the initial hiring of the accommodations.
4^ In the event that the owner fails to comply with this subsection, the owner shall
be liable to any affected tenant for punitive damages in an amount which does not exceed the
contract rent for six (6) months.
b. If the accommodations are offered again for rent or lease for residential purposes
within two /2\ years of the date the accommodations were withdrawn from rent or lease, the
following provisions shall apply:
l. The owner of the accommodations dlaU be liable to any tenant or lessee who
was displaced from the property by that action for actual and exemplary damages. Any action by
a tenant or lessee pursuant to this paragraph shall be brought within three (3) years of the
withdrawal of the accommodations from rentor lease. However, nothing in this paragraph
precludes a tenant from pursuing any alternative remedy available under the law.
2. The city may institute a civil proceeding against any ownerwho has again offered
accommodations for rent or lease subject to this Section, for exemplary damages for
displacement of tenants or lessees. Any action by the city pursuant to this paragraph shall be
brought within three (]) years nfthe withdrawal ufthe accommodations from rent orlease.
3. Any owner who offers accommodations again for rent orlease shall first offer
Ordinance No. 6.Z2
Page Dof14
the tenant has advised the owner in writing within thirty (]O) days of the displacement Of the
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tenant's desire to consider an offer to renew the tenancy and has furnished the owner with an
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address to which that offer is to be directed. That tenant or former tenant may advise the owner
at any time during the period of eligibility for renewed tenancy of any change in address to which
the offer is to be directed. The owner shall also notify the city of the owner's intent to again offer
the accommodations for rent orlease atthe time the tenant isnotified.
C. An owner who offers accommodations again for rent or lease within ten (10) years of
the date on which they are withdrawn, and which are subject to this subdivision, shall first offer
the unit to the tenant or lessee displaced from that unit bythe withdrawal, if that tenant or lessee
requests the offer in writing within thirty (30) days after the owner has notified the city ofen
intention to offer the accommodations again for residential rent or lease. A copy of the notice
served on the city or the city's designated agency shall also be mailed by the owner to each tenant
atthat tenant's last known address.
Ifthe owner offers the accommodations for rent orlease pursuant to this subdivision,
and the tenant has advised the owner of a desire to consider an offer to renew the tenancy, then
the owner shall offer to reinstitute a rental agreement or lease on terms permitted by law to that
displaced tenant.
This offer shall be deposited in the United States mail, by registered or certified mail
with postage prepaid, addressed to the displaced tenant at the address furnished to the owner
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as provided in this subsection, and shall describe the terms of the offer. A copy of the notice with
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proof that it has been mailed to the displaced tenant shall be filed with the city at the time notice
is mailed to the tenant. The displaced tenant shall have thirty (30) days from the deposit of the
offer inthe mail toaccept bypersonal delivery ofthat acceptance orbydeposit ofthe acceptance
in the United States mail by registered or certified mail with postage prepaid.
SEC. 36.30/45. -Alternate mitigation.
As an alternative tothe required relocation assistance, a landlord may submit an alternate
mitigation strategy that nnee1S the goals of this Section. An alternate strategy may include, but
shall not be limited to, providing other mitigation and concessions to tenants such as permanent
relocation of displaced tenants into similar apartments or mobile homes on-site or nearby,
ongoing rent concessions, suitable notice and other elements of mitigation that would serve the
goals and purposes of this Article. With each such alternate submission, the landlord shall provide
complete information as determined necessary by the community development director.
Alternate mitigation proposals must beapproved bythe city council.
SEC. 36.38.5D. - Administrative regulations.
The community development director may, from time to time, promulgate regulations
implementing the provisions of this Article, violations of which shall be considered a violation of
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this Section.
Ordinance No. Ei22
Page 13 of 14
Nothing in this Section shall be interpreted to interfere with the city's obi|hx and/or
obligation to require relocation assistance for displaced tenants who are not covered by this
A landlord's failure to cVnnpk/ with any requirement in this Article, including without the
required notices tothe city, is a complete affirmative defense in an unlawful detainerorother
action brought by the landlord to recover possession of the rental unit.
The city shall record a notice with the county recorder which shall specifically describe any
property subject to Sec. 36.38.40, the dates applicable for the tenant's first right of return
pursuant tnSec. ]6.88.4Oand the name 0fthe |and|urd."
Section 2. The provisions of this ordinance shall be effective thirty (30) days from and after
the date of its adoption.
Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the other
remaining portions Vfthis ordinance. The City Council hereby declares that itwould have passed
this 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
unconstitutional.
Section 4. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that
copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption
in three /3\ prominent places in the City and that a single publication be made to the nf[da|
newspaper of the City of a notice setting forth the title of the ordinance, the date of its
introduction, and a list of the places where copies of the proposed ordinance are posted.
Section 5. This ordinance is not subject to the California Environmental [\ua|bv Act
(°CE(}A") pursuant to Sections 15060(c)/2> of the CEQ\ Guidelines (Title 14, Chapter 3 of the
California Code ofRegulations) (the activity will not result inadirect orreasonable foreseeable
Ordinance No. 6.22
Page 14 of 14
defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in
physical change to the environment, directly or indirectly).
The foregoing ordinance was regularly introduced at the Regular Meeting of the City
Council of the City of Mountain View, duly held on the 12th day of April 2022, and thereafter
adopted at the Regular Meeting of said Council, duly held on the 26th day of April 2022, by the
following roll call vote:
AYES: Councilmembers Abe-Koga, Lieber, Matichak, Showalter, Vice Mayor
Hicks, and Mayor Ramirez
NOES: None
ABSENT: Councilmember Kamei
NOT VOTING: None
ATTEST: APPROVED:
RY A. MONX"
ASSISTANT CITY CLERK
Date of Attestation: 1��Z
LUCAS RAMIREZ
MAYOR
I do hereby certify that the foregoing ordinance was passed
and adopted by the City Council of the City of Mountain
View at a Regular Meeting held on the 26th day of April
2022, by the foregoing vote, and was published in the Doily
Post by reference on the 22nd day of April 2022, and posted
in three proTinent places in said Cly.
Assistant City Clerk/
City of Mountain ew