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SR-400-005-19 PCD:BS:TM:F:\BLDGSAF\ADMIN\Administration\City Council\Bootleg City Council Meeting 11-25-03 Santa Monica, California To: City Council From: City Staff Subject: Introduce For First Reading An Interim Ordinance Waiving Certain Development Standards For Rental Units Which Were Built Or Created Without Permits And Registered With The Rent Control Board Prior To April 22, 2003 Introduction This staff report supplies information relating to controlled rental units that were built or created without permits (i.e. bootlegged), discusses issues relating to bootlegged units and code compliance, and includes a recommendation that the City Council introduce for first reading the attached interim ordinance to waive certain development standards for bootlegged units while requiring that typical development related costs are covered. Council discussed these issues on April 23, 2003 and directed staff to return with code amendments for its consideration. Background On April 10, 1979, the voters of Santa Monica amended the City Charter by adopting Article 18, the City’s Rent Control Law. It includes a provision that required owners to register all rental units used as residential dwellings with the newly created Rent Control 1 Board. Eventually, approximately 40,000 units were registered. Some of those units had been constructed or created without building permits or other approvals. That class of controlled rental units is commonly referred to as “bootlegged units”. The fact that these units were constructed or created without permits does not affect their status as controlled units. A tenant’s rights to protection against unlawful rents are the same whether or not the property owner complied with the law in building or creating the unit. Nonetheless, because bootlegged units are unpermitted, they may raise issues relating to individual safety and public welfare. Such issues run the gambit from basic life safety risks attendant upon seriously defective electrical wiring to neighborhood quality of life concerns like insufficient parking. To estimate the total number of controlled, bootlegged units, Building & Safety staff compared records from the County Assessor and the Rent Control Board on the assumption that the county’s records reflect permitted units, while the Board’s records reflect actual existing units. This comparison shows that there are approximately 1,000 more registered units than there are units on the assessment roles. These 1,000 units are situated on about 750 properties. By definition, the bootlegged units were created and occupied without the benefit of an official determination that they meet safety and habitability standards set by state law. Indeed, they often come to staff’s attention because of a complaint about habitability made 2 by the occupant or upon referral from County Health inspectors. Staff’s experience indicates that habitability violations are frequent in such units. These violations include lack of heat and hot water, improper electrical wiring, compromised water, improper gas and waste connections, and improper exits. All of these are serious safety hazards. Fortunately, the serious hazards can usually be eliminated through repairs, and the units can be made safe. In rare cases, the unit cannot be made habitable. At the other end of the spectrum is a larger group of controlled bootlegs that meet state habitability standards but do not comply with local zoning requirements, particularly parking, density and set back requirements. Occupants of these units are safe. Neighborhood welfare may be impacted by the failure to meet zoning requirements. On the other hand, most of these units have been in existence for well over twenty years; and neighbors have presumably adjusted to the impacts. Building & Safety staff must and does process complaints and conduct inspections of residential units without regard to controlled or uncontrolled status. Once cited, owners of controlled bootlegs that are extremely substandard and cannot be made habitable may seek removal permits from the Rent Control Board. However, this is a small subset of bootlegs. Removal permits are not available for units that can be made habitable. Thus, most owners have no option but to bring the units into compliance with habitability and other legal requirements. Under present law, that is frequently not possible, particularly with regard to parking and density requirements. 3 On April 22, 2003, City Council considered these facts and directed staff to prepare municipal code amendments for Council consideration. This report contains the first of these proposed amendments as an interim ordinance. An interim measure will allow a test period to evaluate the proposed permanent regulations and allow certain pending code enforcement cases to reach closure and resolution. Discussion City staff believes that the most appropriate course is to waive certain current development standards for bootlegged units registered with the Rent Control Board as of April 22,2003. This would allow these bootlegged controlled units to remain in use if they meet or can be made to meet habitability standards. More specifically, the proposed interim ordinance waives the Zoning Ordinance’s set back and density requirements for a bootlegged unit registered prior to April 22, 2003 if the unit is or can be made habitable as determined by the City’s Building Officer. This unit will also not be required to provide parking as required by current codes unless the City’s Parking and Traffic Engineer determines that the provision of parking is feasible. Parking which would result in a significant reduction in yard space shall not be considered feasible. The location of any parking must be consistent with the City’s Municipal Code except the City’s Parking and Traffic Engineer may authorize a reduction in the dimensions of a parking space so long as the space remains accessible and safe. Staff proposes an April 22, 2003 4 cutoff date to preclude the possibility of an owner creating new illegal units to take advantage of this interim ordinance. A bootleg unit that meets the requirements of the Ordinance will be considered a legal, non-conforming use. Budget/Financial Impacts Budget and financial impacts will depend on the rate at which property owners seek permits for their bootlegged units based on their voluntary compliance or staff code enforcement efforts. Development fees are based on the City costs to provide services and related infrastructure. Over time, if all estimated 1,000 bootleg units were to obtain permits, the City could expect to collect and spend an estimated $7.84 million in fees. as estimated below for a typical unit, and incur as much in costs. Plan Check $2,269 Building Permit $ 800 Water Meter $3,405 Water Demand Mitigation $ 375 Wastewater $ 991 Estimated Total Permit Fees Per Unit:* $7,840 Recommendation Staff recommends that the Council introduce for first reading the attached interim ordinance. 5 PREPARED BY: Marsha Jones Moutrie, City Attorney Barry Rosenbaum, Senior Land Use Attorney Tim McCormick, Building Official 6 f:\atty\muni\laws\barry\bootlegs-1.wpd Council Meeting 11-25-03 Santa Monica, California ORDINANCE NUMBER ____ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING CERTAIN DEVELOPMENT STANDARDS FOR RENTAL UNITS WHICH WERE BUILT OR CREATED WITHOUT PERMITS AND REGISTERED WITH THE RENT CONTROL BOARD PRIOR TO APRIL 22, 2003 THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) On April 10, 1979, the voters of Santa Monica amended the City Charter by adopting Article 18, the City’s Rent Control Law. (b) 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. In general terms, the Rent Control law governs residential units rented or offered for rent prior to April 10, 1979. (c) Section 1803(q) of the Rent Control Law requires owners to register all controlled residential rental units with the Rent Control Board. (d) Some of the units registered had been constructed or created without building permits or other City approvals. These units are commonly referred to as bootlegged units. (e) Although bootlegged units may constitute controlled rental units, these 7 units’ condition nevertheless may raise issues relating to individual safety and public welfare. (f) 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 bootleg units. (g) Since bootleg 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. (h) Staff often learns of a bootleg 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 exists. However, these serious hazards can usually be remedied and the units rendered habitable. (i) Apart from this subset of units that have habitability problems, most bootleg units do not comply with local zoning requirements, particularly parking, density and set back requirements. While the failure to comply with such zoning requirements can impact the neighborhood welfare, these conditions have now been present for over twenty years. (j) Once a complaint regarding a bootleg unit is received by Building & Safety staff, an inspection is undertaken and citation issued if warranted. 8 (k) An owner of a bootleg 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. 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 the City’s zoning requirements. (l) This conflict between City laws creates an untenable situation both for the property owner and for City staff. Consequently, the City Council finds and declares that the public health, safety and general welfare requires adoption of an interim ordinance to waive certain current development standards that govern bootleg units if these units meet or can be repaired to meet habitability standards and these units were registered with the Rent Control Board prior to April 22, 2003 when the City Council gave policy direction on this issue. (m) Therefore, the City's zoning and planning regulations should be revised to waive certain current development standards that govern bootleg units if these units meet or can be repaired to meet habitability standards and these units were registered with the Rent Control Board prior to the cut-off date. (n) Establishing April 22, 2003 as the cutoff date will preclude the possibility of an owner creating new illegal units to take advantage of this program. (o) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to change current 9 development standards as they relate to the development standards that govern bootleg units. (p) As described above, there exists a current and immediate threat to the public safety, health, and welfare should this interim ordinance not be adopted. Consequently, it is necessary for this ordinance to establish on an interim basis the following development standards: SECTION 1. Bootleg Units. (a) A rental unit registered with the Santa Monica Rent Control Board prior to April 22, 2003 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 not 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 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. 10 SECTION 2. This Ordinance shall be of no further force or effect sixty days after its effective date unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. 11 SECTION 3. 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, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. 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 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. SECTION 5. 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 become effective 30 days from its adoption. APPROVED AS TO FORM: ____________________________ MARSHA JONES MOUTRIE City Attorney 12