O2149
f:\atty\muni\laws\barry\bootlegsextend05-12d .wpd
Council Meeting 2-8-05 Santa Monica, California
ORDINANCE NUMBER 2149 (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 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.
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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 thatthese 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 unitfrom a complaint raised aboutthe 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.
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(k) An owner of a bootlegged unit may seek a removal permit from the Rent Control
Board ifthe 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 of the City's zoning
requirements.
(I) This conflict between City laws creates an untenable situation both forthe 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 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 bootlegged units ifthese units meetorcan
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.
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(p) In Iightofthese concerns, the City Council adopted Ordinance Number2100 (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 priortoApril
22,2003. The City Council then adopted Ordinance Number2113 (CCS) which extended the
terms of Ordinance 2100 (CCS) on January 27,2004. However, Ordinance Number 2113
(CCS) will expire on March 11, 2005 unless it is 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 in conjunction with the Land Use
Element/Zoning Ordinance update.
(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 Number2113 (CCS) up
to and including March 11,2007, 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 priortoApril22,
2003, which was built or created without City planning or building permits shall not be required
to meet the set back and density requirements ofthe City's Zoning Ordinance ifthe unit is or
can be made habitable as determined by the City's Building Official.
(b) A rental unit exemptfrom set back and density requirements pursuantto subsection
(a) of this Section shall be required to provide parking forthe unit pursuant to Santa Monica
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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 notfeasible. 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. This Ordinance shall be of no further force or effect after March 11,2007,
unless priorto 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 ofthis Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to affectthe provisions ofthis
Ordinance.
SECTION 4.lfanysection, subsection, sentence, clause, orphraseofthis 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
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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 ofthe 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:
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Approved and adopted this 8th day of February, 2005.
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Pam O'Connor, 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. 2149 (CCS) had its introduction on January 25,2005, and was
adopted at the Santa Monica City Council meeting held on February 8,2005, by the
following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz,
Bloom, Genser, Holbrook, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
- ~1 .:~~ .~J-
Maria M. Stewart, ity Clerk
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