SR-062706-7C (2)
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Santa Monica"
City Council Report
City Council Meeting: June 27, 2006
Agenda Item: 1-C-
To:
Mayor and City Council
From:
Marsha Jones Moutrie, City Attorney
Subject:
Interim Ordinance Modifying an Interim Ordinance to Eliminate the Cut Off
Date for Registration of Bootleg Units with the Rent Control Board and
Extending it to May 31,2008
Recommended Action
This staff report recommends that the City Council consider for first reading an
ordinance modifying interim Ordinance Number 2149 (CCS) to eliminate the cut off date
for registration of bootleg units with the Rent Control Board and extending the interim
ordinance to May 31,2008.
Executive Summary
The attached, proposed ordinance would eliminate the April 22, 2003 cut off date for
registration of bootleg units (i.e., residential units that were constructed or created
without building permits or other approvals) with the Rent Control Board that currently
exist in Ordinance Number 2149 (CCS). It would also extend the ordinance until May
31, 2008. There would be no costs associated with the implementation of the
Ordinance.
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Discussion
Backqround
On April 10, 1979, the voters adopted Santa Monica's Rent Control Law, which includes
a provision requiring the Rent Control Board to require registration of "controlled rental
units" within 60 days of the law's adoption. The term "controlled rental unit" is defined to
exclude units constructed after the Rent Control Law's adoption. Santa Monica City
Charter Section 1801 (c)(5).
On December 16, 2003, the City Council adopted interim Ordinance Number 2100
(CCS) to address the reality that there were a significant number of units in the City
which were registered with the Board, but which were illegally constructed or created
without building permits or other approvals and therefore might pose risks to individual
safety and public welfare. In order to address both safety concerns and legal issues,
staff recommended and Council agreed to waive certain development standards for
bootlegged units registered with the Rent Control Board as of April 22, 2003. Thus,
Ordinance 2149 (CCS) allowed bootlegged, controlled units to remain in use if they
could be made to meet habitability standards as opposed to zoning requirements. The
ordinance included an April 22, 2003 deadline for registration of such units to preclude
the possibility of an owner creating new illegal units to take advantage of the relaxed
zoning standards authorized by the interim ordinance. The initial interim ordinance was
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then extended by Ordinance Number 2113 (CCS), adopted January 27, 2004, and by
Ordinance Number 2149 (CCS), adopted February 8, 2005.
The Rent Control Board has requested that the registration deadline be eliminated. The
Board believes that it is able to determine whether a bootleg unit was in existence or not
as of the Rent Control Law's registration deadline and fear that the cutoff date may
preclude the legalization of authentic bootleg units which were extant in 1979.
Making the provisions of the ordinance permanent will occur in conjunction with the
Land Use Element/Zoning Ordinance Update. Since the completion of the update has
been postponed to the Spring of 2008, it is necessary to extend the provisions of the
ordinance to May 31, 2008.
Alternatives
Alternatively, the Council could reject the Rent Control Board's proposal to eliminate the
cut off date. This approach would reduce any possibility of property owners
circumventing current parking and setback standards by illegally creating and
registering new units claiming they were in existence in 1979.
Budqet/Financial Impact
There are no costs associated with the implementation of the proposed ordinance.
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Prepared by: Marsha Jones Moutrie
Attachment: Ordinance
Approved:
Forwarded to Council:
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Council Meeting 6-27-06
Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MODIFYING AND EXTENDING 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 TO ELIMINATE THE CUT OFF DATE FOR
REGISTRATION OF UNITS WITH THE RENT CONTROL BOARD
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs 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 1 0, 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.
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(e) Although bootlegged units may constitute controlled rental units, these 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 bootlegged units.
(g) 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.
(h) 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. 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 bootlegged
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.
0) Once a complaint regarding a bootlegged unit is received by Building & Safety
staff, an inspection is undertaken and citation issued if warranted.
(k) 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
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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 of the
City's zoning requirements.
(I) 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 require 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.
(m) Therefore, 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.
(n) Pending completion of these permanent revisions, which will be implemented in
conjunction with the Land Use Element/Zoning Ordinance Update, in order to protect the
public health, safety, and welfare, it is necessary on an interim basis to change current
development standards as they relate to the development standards that govern
bootlegged units.
(0) 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 prior
to April 22, 2003. On January 27,2004, the City Council then adopted Ordinance Number
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2113 (CCS) which extended the terms of Ordinance 2100 (CCS) to March 11, 2005. On
February 8, 2005, the City Council then adopted Ordinance Number 2149 (CCS) which
extended the terms of Ordinance 2100 (CCS) to March 11, 2007.
(p) Elimination of the April 22, 2003 cutoff date for registration of bootleg units is
warranted since it will enable the Rent Control Board to legalize authentic bootleg units
which were extant in 1979.
(q) Consequently, it is necessary for this ordinance to modify and extend the
provisions of Ordinance Number 2100 (CCS), Ordinance Number 2113 (CCS) and
Ordinance Number 2149 (CCS) up to an including May 31,2008, to establish on an interim
basis the following development standards:
SECTION 2. Bootleq 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.
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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