O2253f:\atty\m u n i\laws\ba rry\bootlegsC ityCou nci ICod eC ha nge2d-25-O8
City Council Meeting 3-25-08 Santa Monica, California
2253 (CCS)
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
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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
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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
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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
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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 SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04..18.075 is hereby added to the Santa Monica
Municipal Code to read as follows:
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
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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.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall be effective 30
days from its adoption.
APPROVED AS TO FORM:
~ ~, ~
MA SHA JON MOUTRIE
City Attorney
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Approved and adopted this 25th day of M
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2253 (CCS) had its introduction on o27267os and was
adopted at the Santa Monica City Council meeting held on o /25/os , by the
following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2253 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria M. Stewart, ity Clerk