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HomeMy WebLinkAboutCode Amendment 85-19 - Proposed Ordinance 2525-A - FAILED - Page 5 - Council Minutes - 3/3/86 .r Roy Pearce, Manager of the Driftwood Mobilehome Park, addressed Council and spoke in favor°of the project and requested a security fence, lights and f oil- age cleared away. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and the Director of Community Services regarding the adjacent residents concerns. The Director of Community Ser- vices stated that a six foot chain link fence with an additional three feet of barbed wire would be placed between the camping facility and the mobilehome park; that a 10:00 P.M. curfew would be imposed and there would be security measures at the facility. A motion was made by MacAllister, seconded by Bailey, to approve the temporary overnight camping facility at Beach Boulevard and Pacific Coast Highway in concept; and authorize staff to proceed with acquiring all necessary permits. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas . NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT 85-19 - FAILED - RESIDENTIAL BUILDING RECORDS - ORD NO 2825-A - INTRODUCTION FAILED The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 85-19 which would add new article 919 'to the Hunting ton Beach Ordinance Code, "Residential Building Records" which would set up a procedure for property owners to request that a report be made prior to the transfer of sale of a residential structure. Such report would include the authorized use,. occupancy and zoning classification of the property. A phys- ical inspection could also be performed as part of the report by the Depart- ment of Development Services. The Deputy City Clerk .announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions or written protests to the matter. The Mayor declared the hearing open. Judith Severy read a letter dated March 3, 1986 from "Kirk" Kirkland, Presi- ent o t e Huntington Beach/Fountain Valley Board of Realtors in support of Code Amendment No. 85-19, Alternative #1 and proposed Ordinance No. 2825-A pertaining to residential building records. She presented copies of the .let- ter to Council and the Deputy City Clerk. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Deputy City Clerk presented Ordinance No. 2825-A for introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 919 ENTITLED, 'RESIDENTIAL BUILD- ING RECORDS. REQUE%"-> I FOR CITY C UNCIPACTION Date r rh 3 19 A 6 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator W Prepared by: James W. Palin, Director, Development Service Subject: CODE AMENDMENT NO. 85-19 , RESIDENTIAL BUILDIN ECORD REPORT AND PRE-SALE INSPECTIONS Consistent with Council Policy? [ ] Yes P4 New Policy or Exception .����5 A Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: The Planning Commission and City Council have discussed on several occasions the need for inspections prior to the sale of residential structures . It was first brought up in conjunction with the public hearings held for the new Oldtown/Townlot provisions (Code Amendment No. 85-2) . The document being discussed at that time was an ordinance adopted by the City of Newport Beach requiring inspections upon the transfer of sale of any residential structure within that City. The preliminary discussion by the Planning Commission was to require such inspections for residential structures within the Oldtown, Townlot , and Downtown Specific Plan districts only. The reason these areas were singled out was due to the number of illegal "bootleg" units suspected to be in existence. An ordinance that would implement such a mandatory inspection program is attached to this report as Alternative #2. A fee for the request would be adopted by resolution of the City Council . (The Board of Realtors has given a figure of 1 ,345 as the number of single family homes sold within the Huntington Beach area in 1985 . ) Staff has prepared and the Planning Commission has approved, an alternative voluntary residential inspection program that would be implemented City-wide for any residential structure of four units or less . The ordinance attached to this report as Alternative #1 sets up a procedure for property owners to request that a report and inspection be conducted prior to sale. Although the planning and building divisions currently respond to requests for information on specific properties , the ordinance would formalize the process by requiring a written application as well as a fee to cover the expense of researching building permit records , planning files and conducting the field inspection. RECOMMENDATION: Planning Commission action and recommendation on February 4 , 1986 : O PIO 4/84 ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT 85-19 ALTERNATIVE NO. 1 AND RECOMMEND ADOPTION BY, THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Winchell , Schumacher, Livengood, Mirjahangir NOES: Rowe ABSENT: Erskine, Porter ABSTAIN: None Staff recommendation is identical to that of the Planning Commission . ANALYSIS: Since passage of California Government Code Article 6 .5 that went into effect July 1 , 1985, the residential report/inspection is likely to become a more frequent request . The law requires sellers of properties with four units or less to provide the buyer with a description of any improvements or alterations made without benefit of permit and imposes a liability on the part of the seller if this disclosure is incomplete. With respect to the Oldtown, Townlot , and Downtown Specific Plan residential districts and the problem of bootleg alterations , staff feels that since the new provisions for these districts have been adopted, adequate protection exists so as not to make mandatory pre-sale inspections necessary. The provisions of Article 913 of the Huntington Beach Ordinance Code, which went into effect in September of 1985 , have helped to regulate and control the design of new single family dwellings to prevent their ready conversion to additional rental units . Further , there is already a provision that protects the City and subsequent buyers within this article. Section 9130 .13 (e) (4 ) states as follows: The Director of Development Services shall require that the owner/developer of the property provide to the Development Services Director prior to final inspection a notarized declaration stating that the building was constructed pursuant to approved plans and shall be limited for use as a single unit building. Furthermore, any subsequent purchaser from owner/builder shall also be provided with a copy of said declaration . For these reasons , the recommendation by staff and the Planning Commission is the Alternative #1 ordinance, setting up a voluntary inspection program City-wide . ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . RCA - 3/3/86 -2- (4265d) FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Approve Alternative No . 2 requiring mandatory inspection. ATTACHMENTS: 1 . Ordinance 2 . Planning Commission staff report dated 2/4/86 . WP:JA:kla RCA - 3/3/86 -3- ( 4265d) Publi 2/13/86 � NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 85-19 RESIDENTIAL BUILDING RECORDS NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, March 3, 1986 TIME: 7:30 P.M. IDENTIFICATION NUMBER: Code Amendment No. 85-19 LOCATION: City-wide PROPOSAL: To add new Article 919 to the Huntington Beach Ordinance Code, "Residential Building Records" which would set up a procedure for property owners to request that a report be made prior to the transfer of sale of a residential structure. Such report would include the authorized use, occupancy and zoning classification of the property. A physical inspection could also be performed as part of the report by the Department of Development Services. ENVIRONMENTAL STATUS: The proposed project is categorically excluded from the provisions of the California Environmental Quality Act. ON. FILE: A copy of the proposed ordinance is on file in the Department of Development Services. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 Dated 2/10/86 ?0 Aul,horized to Publish Advertisements of all kinds including public noti`�.es by Decree of the Superior Court of Orange County, Calif:rnia, Number A-6214, dated 29 September, 1961, and A-24831, dated 11 June, 1963. I PUBLIC NOTICE STATE OF CALIFORNIA PUBLICNOTICE HEARING CODE AMENDMENT NO:W49 County of Orange Public Notlee Advonaunp Covered RESIDENTIAL r by this athdewl IS sot in point BUILDING RECORDS with 10 pica Column w+dth I NOTICE .IS HEREBY. GIVEN that.the Huntington; Beach Planning Commission' Will hold a public hearing In the Council Chamber at the I am a Citizen of the United States and'a resident of !Huntington Beach Civic (Center, 2000 Main Street, the County aforesaid; I am over the age of eighteen Huntington Beach, Cali- fornia,on the date and at the years, and not a party to or interested in-the below time indicated below to re ceive and consider the state- •M- { entitled matter. I am a principal clerk of the Orange Tents.of.au.persons who Tents be heard relative to Coast DAILY PILOT, with which is combined the the--application described below. { NEWS-PRESS, a newspaper of general circulation, DATE:Monday, March 3, printed and 1 TIME:7:30 P.m. p published in the City of Costa Mesa, 1 D E N T 1 F 1 C A T 10.b County of Orange, State of California, and that a NUMBER: Code Amend ment No.85-19' Notice of PTTRT.TC 14EARING LOCATION:Citywide,, PROPOSAL:To add new Articie919tothe Huntington � "' Beach Ordinance Code, ! "Residential Building Re- I cords"which would set up a i of which copy attached hereto is a true and complete prs to requespropertyown- '2 ers to request that a report t. copy, was printed and published in the Costa Mesa, be olds lerofrtoesdenns-al - structure.Such report would Newport Beach, Huntington Beach, Fountain Valley, include the authorized use, Irvine, the South Coast communities and Laguna occupancy of the prop- 1 .time any. A physical inspection Beach issues of said newspaper for could also.be performed as � tX to wit the issue(s) of partmentart of e report of Development Services. ENVIRONMENTAL I STATUS:The proposed pro- Iject is categorically ex- cluded from the provisions February 13 6 of the California En-i 198 vironmental_Quality Act.. ON FILE: A copy of the proposed ordinance is on file in the Department of De- 198 velopment Services. ALL INTERESTED PER- SONS are invited to attend 198 said. hearing and express opinions or submit evidence for or against the application as outlined above.All appli- cations,. exhibits, .and de- 198 scriptions of this proposal are on file with the Office of the City Clerk, .2000 Main Street, Huntington Beach, - 198 California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL, By: Allcla M. W ntatorth, City Clerk I declare under penalty of perjury, that the Phone(714)s3s-saos + P Y P 1 rY+ Dated 2/10/86 foregoing is true and correct. Published Orange Coast Daily Pilot February 13,198E Th-630' February 13 6 Executed on , 198 _ at Costa Mesa, California. kj Signature 9 NOTICE TO CLERK TO SCHEDULE PU/BLIC HEARING ITEM TO: CITY CLERKS OFFICE. DATE. - .. • - ,6. FROM: -- ; ' PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE. FOR THE DAY OF 198 AP's are: attached AP' s will follow No AP' s Initiated. by: Planning Commission G� Planning Department Petition * Appeal Other Adoption of Environmental Status (x) �,-- EIR ND NONE Has City Attorney' s Office been YES NO informed of forthcoming public hearing? Refer to Planning Department 7 Extensions" v for additional information. * If appeal , please transmit exact wording to be required in the legal : v NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 85-19 RESIDENTIAL BUILDING RECORDS NOTICE IS HEREBY GIVEN that the Huntington Beach Planning Commission will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center , 2000 Main Street, Huntington Beach , California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: F y-' , 1986 - 7:30 PM APPLICATION NUMBER: Code Amendment No. 85-19 APPLICANT: City of Huntington Beach REQUEST: To add new Article 919, "Residential Building Records" which would set up a procedure for property owners to request that a report be made prior to the transfer of sale of a residential structure . Such report would include the authorized use, occupancy and zoning classification of the property. A physical inspection could also be performed as part of the report by the Department of Development Services . ENVIRONMENTAL STATUS: The proposed project is categorically excluded from the provisions of the California Environmental Quality Act . ON FILE : A copy of the proposed ordinance is on file in the Department of Development Services, 2000 Main Street , Huntington Beach, California 92648 , for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Jeff Abramowitz , Assistant Planner at 536-5271 . James W. Palin, Secretary Huntington Beach Planning Commission ( 4084d-2 ) Publis.. 2/13/86 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 85-19 RESIDENTIAL BUILDING RECORD' NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: March 3, 1986 TIME: 7:30 P.M. IDENTIFICATION NUMBER: Code Amendment No. 85-19 LOCATION: City-wide iA PROPOSAL: To add new Article 919,,4 "Residential Building Records" which would set up a procedure for property owners to request that a report be made prior to the transfer of sale of a residential structure. Such report would include the authorized use, occupancy and 'zoning classification of the property. A physical inspection could also be performed as part of the report by the Department of Development Services. ENVIRONMENTAL STATUS: The proposed project is categorically excluded from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed ordinance is on file in the Department of Development Services. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 Dated 2/10/86 AGENDA ROUTING SLIP INITIATING DEPARTMENT SUBJECT S e� l AGENDA DEADLINE DATE ZI19,6 To Administration MEETING DATE 27 co [ LEGAL DEPARTMENT WITH EXHIBITS INITIATING DEPARTMENT — REVIEW/APPROVAL BY: Yes No [ ] Ordinance Exhibits ] [ Resolution [ ] Exhibits [ ] [ Contract or Agreement [ ] Exhibits Financial Impact Statement —Unbudgeted items over$1,000 E ] INSURANCE REQUIRED [ ] BONDS REQUIRED [ ] RCA ADMINISTRATION CITY CLERK FOR AGENDA COMMENTS: P10 12/84 I CODE AMENDMENT NO. 85-19 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 919 ENTITLED, "RESIDENTIAL BUILDING RECORDS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new article 919 , entitled "Residential Building Records , " to read as follows: 9190 . 1 GENERAL PROVISIONS. .. Pursuant to Article 6 . 5 , Chapter 10 , a�-7, Division 3 , Title-4 of the California Government Code, commencing with section 38780 , this article is included herein to assure that any property owner involved in the sale of any residential building of four units or less is furnished a report upon request of this City including information on record related to the authorized use , occupancy and zoning classification of such real property prior to any sale or exchange. Said report shall be valid for six months from the date of issue. 91 0 . 2 DEFINITIONS. The following words and phrases shall have t e meanings set forth unless from the context in which they are used a different meaning is apparent: (a ) "Owner" shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) "Residential building" shall mean any improved real property, designed or permitted to be used for dwelling purposes , including any building or structure located on said improved real property. (c ) "Agreement of sale" shall mean any agreement, deed or written instrument which transfers title of any real property from the owner to another person. 9190. 3 APPLICATION. Upon application of the owner , or his authorized agent , and payment of a fee as set by resolution of the City Council , the Director of Development Services shall review pertinent city records and shall make, or cause to be made, a physical inspection of the real property. A residential building record report shall be delivered to the applicant which shall contain the following information, if available: t (a ) The street address and legal description of subject property; (b ) The district classification and uses authorized by this code; ( c ) The occupancy indicated and established by permits on record; (d ) The granting of any variances, conditional use permits , exceptions , or other pertinent recorded information; and (e ) Any special restrictions on the use or development of the subject property. ( f ) Any information acquired from the physical inspection of the property. 9190 .4 DELIVERY OF REPORT. The residential building record report s all be delivered by-the owner, or his or her authorized representative, to the buyer or transferee prior to the consummation of the sale or exchange of the residential building. SECTION 2. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1986. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: 'Di�recorof-'5-ev-elop0e—hr TIATED AND APPROVED: City Administrator t Services (1206L) lcp ' N � CODE AMENDMENT No. No.��(85-19 A/e`h-'�-� 've-02 ORDINANCE NO. � " AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 919 ENTITLED, "RESIDENTIAL BUILDING RECORDS" The City Council of the City of Huntington Beach does ordain 'as follows: SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new article 919, entitled "Residential Building Records, " to read as follows : 9190.1 INTENT. Pursuant to Article 6. 5, Chapter 10, Part 2 , Div isi on 3, Title 4 of the California Government Code, com- mencing with section 38780, this article Ts-1nc ru e erein to assure that all parties to a transaction involving the sale of a residential building in the Oldtown, Townlot and. Downtown Specific Plan districts are furnished a report of any informa- tion on record with this city related to the authorized use, occupancy and zoning classification of such real property prior to any sale or exchange. The purpose of the report is to pre- clude or reduce violations which may occur with respect to real property in the specific plan locations specified herein. 9190. 2 DEFINITIONS. The following words and phrases shall have the meanings set forth unless from the context in which they are used a different meaning is apparent : (a) "Owner" shall mean any person, copartnership, associa- tion, corporation or fiduciary having legal or equitable title or any" interest in any real property. (b) "Residential building" shall mean any improved real property, designed or permitted to be used for dwelling pur- poses, including any building or structure located on said im- proved real property. (c) "Agreement of sale" shall mean any agreement, deed or written instrument which transfers title of any real property from the owner to another person. 9190.3 REPORT REQUIRED. Prior to entering into any 1. agreement to sell or exchange any residential building, the owner, or his authorized representative, shall obtain from the city a residential building record report showing the regularly authorized use, occupancy, and zoning classification of such property. Said report shall be valid for a period not to ex- ceed six (6) months from date of issue. 9190.4 APPLICATION. Upon application of the owner, or his authoror ze- agent, and payment of a fee, set by resolution of the City Council, the Development Services Director shall review pertinent city records and deliver to the applicant a residential building record report which shall contain the fol- lowing information, if available: (a) The street address and legal description of subject property; (b) The district classification and uses authorized by this code; (c) The occupancy indicated and established by permits on record; (d) The granting of any variances, conditional use per- mits, exceptions, or other pertinent recorded information.L and (e) Any special restrictions on the use or development of the subject property. 9190. E INSPECTION. In addition to the information listed in section 9190.4, the Director of Development Services may make, or cause to be made, a physical inspection of the real property, and shall add any information acquired from such physical inspection to the residential building record report, including the fact, where applicable, that city personnel were denied entry by the owner, occupant, or person having control of such real property, and no physical inspection was made . 9190. 6 DELIVERY OF REPORT. The residential building rec- ord report shall be delivered by the owner, or his or her au- thorized representative, to the buyer or transferee prior to the consummation of the sale or exchange of the residential building. The buyer or transferee shall execute a receipt therefor , furnished by the City, and such receipt shall be de- livered to and filed in the Department of Development Services as evidence of compliance with the provisions of this article. 9190. 7 EXCEPTIONS. The provisions of this article shall not apply to the initial sale of a residential building, lo- cated in a subdivision in the Oldtown, Townlot or Downtown spe- cific plan areas, if a final map has been approved and recorded 2. in accordance with the Subdivision Map Act two years prior to the such sale. 9190. 8 PENALTY. (a) Any person violating any provision of this article shall be guilty of a MISDEMEANOR and upon con- viction thereof shall be punished by a fine of not more than five hundred dollars ($500) or by im risonment in the county jail for a period not to exceed six p(6) months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. (b) No sale or exchange of residential property shall be invalid solely because of the failure of any person to comply with the provisions of this article unless such failure consti- tutes an act or omission which could result in the initiation of a legal action by either of the parties to such sale or exchange. SECTION 2. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1985. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City, Attorney f REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator irector of De47eil&pment Services ahb; 11/20/85; 1/8/86 1048L/3792 3. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 919 ENTITLED, "RESIDENTIAL BUILDING RECORDS" The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto new article 919, entitled "Residential Building Records, " to read as follows: 9190.1 GENERAL PROVISIONS. Pursuant to California Government Code section 38780, this article is included herein to assure that any property owner involved in the sale of any residential building of four units or less may obtain a report including information of record related to the authorized use, occupancy and zoning classification of such real property prior to any sale, transfer, or exchange. Said report shall be valid for six months from the date of issue. 9120.2 DEFINITIONS. The following words and phrases shall have the meanings set forth unless from the context in which they are used a different meaning is apparent: (a) "Owner" shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) "Residential building" shall mean any improved real property, designed or permitted to be used for dwelling purposes, including any building or structure located on said improved real property. (c) "Agreement of sale" shall mean any agreement, deed or written instrument which transfers title of any real property from the owner to another person. 9190.3 APPLICATION. Upon application of the owner and payment of a fee as set by resolution of the City Council, the Director of Development Services shall review pertinent city records and shall make, or cause to be made, a physical inspection of the real property. A residential building record report shall be delivered to the applicant which shall contain the following information, if available: (a) The street address and legal description of subject property; (b) The district classification and uses authorized by this code; (c) The occupancy indicated and established by permits on record; (d) The granting of any variances, conditional use permits, exceptions, or other pertinent recorded information; and (e) Any special restrictions on the use or development of the subject property. ( f) Any information acquired from the physical inspection of the property. SECTION 2. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day Of--- 1986. Mayor ATTEST: APPROV D AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator erector of D elopment Services 2 . ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 919 ENTITLED, "RESIDENTIAL BUILDING RECORDS" The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto new article 919, entitled "Residential Building Records, " to read as follows: 9190. 1 INTENT. Pursuant to California Government Code section 38780, this article is included herein to require that all parties to a transaction involving the sale of a residential building in the Oldtown, Townlot and Downtown Specific Plan districts are furnished a report of any information of record with this city related to the authorized use, occupancy and zoning classification of such real property prior to any sale, transfer, or exchange. The purpose of the report is to identify, preclude, and/or reduce any land use violations on any real property in the specific pla locations specified herein. 9190.2 DEFINITIONS. The following words and .phrases shall have the meanings set forth unless from the context in which they are used a different meaning is apparent: (a) "Owner" shall mean any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) "Residential building" shall mean any improved real property, designed or permitted to be used for dwelling purposes, including any building or structure located on said improved real property. (c) "Agreement of sale" shall mean any agreement, deed or written instrument which transfers title of any real property from the owner to another person. � v 1 . 9190.3 REPORT REQUIRED. Prior to entering into any agreement to sell or exchange any residential building, the owner shall obtain from the city a residential building record report showing the regularly authorized use, occupancy, and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue. 9190.4 APPLICATION. Upon application of the owner, or his authorized agent, and payment of a fee, established by resolution of the City Council, the Development Services Director shall review pertinent city records and deliver to the applicant a residential building record report which shall contain the following information, if available: (a) The street address and legal description of subject property; (b) The district classification and uses authorized by this code; (c) The occupancy indicated and established by permits on record; (d) The granting of any variances, conditional use permits, exceptions, or other pertinent recorded information; and ( e) Any special restrictions on the use or development of the subject property. 9190. 5 INSPECTION. In addition to the information listed in section 9190.4, the Director of Development Services may make, or cause to be made, a physical inspection of the real property, and shall add any information acquired from such physical inspection to the residential building record report, including the fact, where applicable., that city personnel were denied entry by the owner, occupant, or person having control of such real property, and no physical inspection was made. 9190.6 DELIVERY OF REPORT. The owner or his authorized agent, shall deliver a copy of the residential building record report to the buyer or transferee prior to the consummation of the sale or exchange of the residential building. The buyer or transferee shall execute a receipt therefor, furnished by the City, and such receipt shall be delivered to and filed in the Department of Development Services as evidence of compliance with the provisions of this article. 9190.7 EXCEPTIONS. The provisions of this article shall not apply to the initial sale of a residential building, located in a subdivision in .the Oldtown, Townlot or Downtown specific plan areas, if a final map has been approved and recorded in accordance with the Subdivision Map Act two years prior to such sale. 2 . r 9190.8 PENALTY. (a) Any person violating any provision of this article shall be quality of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ( t500) or by imprisonment in the" county jail for a period not to exceed six (6) months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. (b) No sale, transfer, or exchange of residential property shall be invalid solely because of the failure of any person to comply with the provisions of this article unless such failure constitutes an act or omission which could result in the initiation of a legal action by either of the parties to such sale or exchange. SECTION 2 . This ordinance shall the effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1986. Mayor ATTEST : APPRO ED AS TO FORM: 2/.,gz-. A City Clerk City Attorney /lk� REVIEWED AND APPROVED: INITIATED AND APPROVED: e,.,4q ..-....r City Administrator ment erector lo ep 4 Services 3 . huntington beach development services department Af CEP®It TO Planning Commission FROM: Development Services DATE: February 4, 1986 SUBJECT: CODE AMENDMENT NO. 85-19 , RESIDENTIAL BUILDING RECQRD REPORT AND PRE-SALE INSPECTIONS APPLICANT: City of Huntington Beach REQUEST: To add new Article 919, "Residential Building Records" which would set up a procedure for property owners to request that a report be made prior to the transfer of sale of a ,residential structure. 1 . 0 SUGGESTED ACTION: Approve Code Amendment. No. 85-19 Alternative #1 (Voluntary City-wide program) and recommend adoption by the City Council. 2.0 GENERAL INFORMATION: The Planning Commission has discussed the need for inspections prior to the sale of residential structures on several occasions. First brought up in conjunction with the public hearings held for the new Oldtown/Townlot provisions (Code Amendment No. 85-2 ) , the Planning Commission took a minute action on June 4, 1985, calling for a system requiring "inspection upon resale" that passed unanimously. 'The document being discussed at that time was an ordinance adopted by the City of Newport Beach requiring inspections upon the transfer of sale of any residential structure within that City. The preliminary discussion by the Planning Commission was to require such inspections for residential structures within the Oldtown, Townlot, and Downtown Specific Plan districts only. The reason these areas were singled out was due to the number of illegal. bootleg" units suspected to be in existence. 'An ordinance that would implement such a mandatory inspection program is attached to this report as Alternative #2. A fee for the request would be adopted .by resolution of the City Council . (The Board of Realtors has given a figure of 1 ,345 as the number of single family homes sold within the Huntington Beach area in 1985. ) Staff has prepared, as an alternative, a voluntary residential inspection program that would be implemented City-wide for any residential !structure of four units or less. The ordinance attached to this report as Alternative #1 sets up. a procedure for property, owners to request that a report and inspection be conducted prior to C, A-FM-23A sale. Although the planning and building divisions currently respond to requests for information on specific properties, the ordinance would formalize the process by requiring a written application as well as a fee to cover the expense of researching building permit records, planning files and conducting the field inspection. Since passage of California Government Code Article 6. 5 that went into effect July 1, 1985, the rest en a report/inspection is likely to become a more frequent request. The law requires sellers of properties with four units or less to provide the buyer with a description of any improvements or alterations made without benefit of permit and imposes a liability on the part of the seller if this disclosure is incomplete . In some cases, the sale can be invalidated if the buyer later becomes aware of illegal improvements. (The appropriate sections of the California Government Code are included as Attachment U . ) With respect to the Oldtown, Townlot , and Downtown Specific Plan residential districts and the problem of bootleg alterations, staff feels that since the new provisions for these districts have been adopted, adequate protection exists so as not to make mandatory pre-sale inspections necessary. The provisions of Article 913 of the , Huntington Beach Ordinance Code, which went into effect in September of 1985, have helped to regulate and control the design of new single family dwellings to prevent their ready conversion to additional rental units . Further, there is already a provision that protects the City and subsequent buyers within this article_. Section 9130. 13(e) ( 4 ) states as follows: The Director of Development Services shall require that the owner/developer of the property provide. to the Development Services Director prior to final inspection a notarized declaration stating that the building was constructed pursuant to approved plans and shall be limited for use as a single unit building. Furthermore, any subsequent purchaser from owner/builder shall also be provided with a copy of said declaration . For these reasons, staff is recommending that Alternative #1 , setting up a voluntary inspection program City-wide, be approved by the Commission ; however , both alternatives are provided for discuission and review. 3 . 0 . ENVIRONMENTAL STATUS : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. ATTACHMENTS: 1 . Ordinance, Alt. 1 2 . , Ordinance , Alt . 2 3 . Government Code, Article 6. 5 JWP:JA: k1a ;Staff Report - 2/4/86 -2- (4147d)