City Council Meeting 3-25-08
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9.04.18.075 TO THE SANTA MONICA MUNICIPAL CODE TO WAIVE CERTAIN DEVELOPMENT STANDARDS FOR RENTAL UNITS WHICH WERE BUILT OR CREATED WITHOUT PERMITS AND REGISTERED WITH THE SANTA MONICA RENT CONTROL BOARD
WHEREAS, on April
10, 1979, the voters of Santa Monica amended the City Charter by adopting
Article 18, the City’s Rent Control Law; and
WHEREAS, Section
1800(c) of the Rent Control Law, with specified exceptions, defines controlled
rental units as all residential rental units in the City of Santa Monica
including mobile homes and, in general terms, the Rent Control Law governs
residential units rented or offered for rent prior to April 10, 1979; and
WHEREAS, Section
1803(q) of the Rent Control Law requires owners to register all controlled
residential rental units with the Rent Control Board; and
WHEREAS, some of
the units registered have been constructed or created without building permits
or other City approvals and these units are commonly referred to as bootlegged
units; and
WHEREAS, although
bootlegged units may constitute controlled rental units, these units’ condition
nevertheless may raise issues relating to individual safety and public welfare;
and
WHEREAS, the City
estimates that there are approximately 1,000 more units registered with the
City’s Rent Control Board than are included on the County Assessor’s roll and
assumes that most of this class of registered units constitute bootlegged units;
and
WHEREAS, since
bootlegged units were built without required permits, there was no official
determination at the time of construction that these units met safety and
habitability standards established by State and local law and there has likely
been no such determination since the time of their construction; and
WHEREAS, Staff
often learns of a bootlegged unit from a complaint raised about the unit made
by the unit’s occupant or a neighbor; and in responding to such complaints,
Building and Safety staff frequently discover habitability violations, including
lack of heat and hot water, improper electrical wiring, compromised water,
improper gas and waste connections, and improper exits; and
WHEREAS, these
serious hazards can usually be remedied and the units rendered habitable; and
WHEREAS, apart
from this subset of units that have habitability problems, most bootlegged units do not comply with local
zoning requirements, particularly parking, density and set back requirements;
and
WHEREAS, while the
failure to comply with such zoning requirements can impact the neighborhood
welfare, these conditions have now been present for over twenty years; and
WHEREAS, once a
complaint regarding a bootlegged unit is received by Building & Safety
staff, an inspection is undertaken and citation issued if warranted; and
WHEREAS, an owner of a bootlegged unit may
seek a removal permit from the Rent Control Board if the unit is extremely
substandard and cannot be rendered habitable; removal permits are not available
for units which can be made habitable; and
WHEREAS, while
owners of these latter units must bring them into compliance with habitability
and other legal requirements, they are frequently unable to do so since these
units do not and cannot meet all of the City’s zoning requirements; and
WHEREAS, this
conflict between City laws creates an untenable situation both for the property
owner and for City staff; and
WHEREAS, in light
of these circumstances, the City Council found and declared that the public
health, safety and general welfare required adoption of an interim ordinance to
waive certain current development standards that govern bootlegged units if
these units meet or can be repaired to meet habitability standards and these
units are registered with the Rent Control Board in accordance with the Rent
Control Law; and
WHEREAS, the City
Council further found that the City's zoning and planning regulations should be
revised to waive certain current development standards that govern bootlegged
units if these units meet or can be repaired to meet habitability standards and
these units are properly registered with the Rent Control Board; and
WHEREAS, pending
completion of these permanent revisions, in order to protect the public health,
safety, and welfare, it was necessary on an interim basis to change current development
standards as they relate to the development standards that govern bootlegged
units; and
WHEREAS, in light
of these concerns, the City Council adopted Ordinance Number 2100 (CCS) on
December 16, 2003, which waived certain development standards for rental units
which were built or created without permits and registered with the Rent
Control Board and extended this ordinance by adopting Ordinance Number 2113 (CCS) on January 27,
2004, by adopting Ordinance Number 2149 (CCS) on February 8, 2005 and by
adopting Ordinance Number 2193 on July 11, 2006; and
WHEREAS, Ordinance
Number 2193 will be of no further force and effect after May 31, 2008; and
WHEREAS, the
proposed amendment is consistent in principle with several of the goals,
objectives and policies of the General Plan in that the amendment is consistent
with the Land Use Element Policy 1.1 which maintains the following objectives:
To protect the quality of life in all residential neighborhoods; to improve the
match of low and moderate income persons and families with units they can
afford; to ensure fair treatment of property owners and residents in the City;
and to provide adequate housing for City residents of all incomes in that the
ordinance allows for the retention of existing rent controlled bootlegged units
provided minimum building and safety standards are met; and
WHEREAS, the
public health, safety and general welfare requires the adoption of the
provisions to waive certain current development standards that govern
bootlegged rent controlled units in that the ordinance provides for the
protection and preservation of rent controlled bootlegged housing units while
ensuring any hazards that exist within the units can be remedied and the units
rendered habitable,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
9.04.18.075 Rent Control Bootleg Units.
(a) A rental unit registered with the Santa Monica Rent Control Board which was built or created without City planning or building permits shall not be required to meet the set back and density requirements of the City’s Zoning Ordinance if the unit is or can be made habitable as determined by the City’s Building Official.
(b) A rental unit exempt from set back and density requirements pursuant to subsection (a) of this Section shall be required to provide parking for the unit pursuant to Santa Monica Municipal Code Section 9.04.10.08.040 unless the City’s Parking and Traffic Engineer determines that the provision of parking is not feasible. Parking which would result in a significant reduction in yard space is not feasible. The location of any feasible parking shall comply with the City’s Municipal Code except the City’s Parking and Traffic Engineer may authorize a reduction in parking space dimensions so long as the space remains accessible and safe.
(c) A rental unit that meets the requirements of this Section shall be considered a legal, non-conforming unit.
_________________________
MARSHA
JONES MOUTRIE
City
Attorney