O2113
f:\atty\mu ni\laws\barry\bootlegsextend2d-1 . wpd
Council Meeting 1-27-04 Santa Monica, California
ORDINANCE NUMBER2~ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE INITIAL 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
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 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.
1
(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 ,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.
U) 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
2
permits are not available for units which can be made habitable. While owners of these
IlftJ.tti.~"~mi~lOl"rnpliance with .habitabitity and other lfmaJ requ~.
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 were registered with
.....~ntrol Board prior to April ~2. 2003, When the City Council gave policy d~
on this issue.
(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 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
(0) 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
development standards as they relate to the development standards that govern
bootlegged units
(p) 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
3
which were built or created without permits and registered with the Rent Control Board prior
to April 22, 2003. However, this ordinance will expire on March 15,2004, unless extended.
Adoption of the proposed extension ordinance will allow sufficient time for a
comprehensive planning process to revise these development standards on a permanent
basis,
(q) 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 extend the provisions of Ordinance Number 2100
(CCS) up to and including March 1, 2005, establishing 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 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
4
~"',~e a teducti,~,,, parki...., space dimensions so long as ",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. This Ordinance shall be of no further force or effect after March 11,
2005, 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',
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
'nconsistencies 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 withoutregard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional
5
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
6
Approved and adopted this 27th day of January, 2004.
Richard Bloom, Mayor
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. 2113 (CCS) had its introduction on January 20,2004, and was
adopted at the Santa Monica City Council meeting held on January 27,2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, O'Connor,
Katz, Feinstein, Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
"""-
\ ~'-
~~. \.u .~lO~
Maria M. Stewart, City Clerk
7