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HomeMy WebLinkAbout2009-06-23 - ORDINANCES - RESID HIGH OCCUPANCY LICENSING (2)ORDINANCE NO. 09-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY, AND WELL-BEING WITH RESPECT TO HIGH OCCUPANCY SINGLE DWELLING UNITS BY ADDING CHAPTER 23.50, "RESIDENTIAL HIGH OCCUPANCY LICENSING AND REGISTRATION" TO TITLE 23, OF THE SANTA CLARITA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council finds as follows: The City Council, based upon information provided in the staff report accompanying this Ordinance, as well as evidence and testimony presented at the meeting where this Ordinance was considered, that the renting of a residence to six or more adults creates unique parking demands upon neighborhoods that need to be addressed to avoid a situation where a property owner's use of their property does not unduly burden surrounding properties. Further, based upon the experience of the City's code enforcement staff, the renting of a residence to six or more adults increased the likelihood that interior modifications to the residence are made, such as the installation of additional walls, doors, locks, and the modification of electrical systems, without appropriate permitting. Such modifications involve inherent safety risks that jeopardize the safety of not only the occupants of such residences, but surrounding properties as well. Thus, a mechanism to allow for inspections of such residences is needed to protect both the health and safety of the occupants of such residences, as well as the neighborhood around such residences. SECTION 2. Chapter 23 of the Santa Clarita Municipal Code is amended to read as follows: "CHAPTER 23.50" RESIDENTIAL HIGH OCCUPANCY LICENSING AND REGISTRATION SECTIONS: 23.50.010 Purpose of Residential High Occupancy Permit 23.50.060 When a Residential High Occupancy Permit is Required How to Apply for a Residential High Occupancy Permit Decision on a Residential High Occupancy Permit Issuance of a Residential High Occupancy Permit Enforcement and Administrative Remedies 23.50.020 23.50.030 23.50.040 23.50.050 23.50.060 When a Residential High Occupancy Permit is Required How to Apply for a Residential High Occupancy Permit Decision on a Residential High Occupancy Permit Issuance of a Residential High Occupancy Permit Enforcement and Administrative Remedies 23.50.070 Enforcement by Designees 23.50.080 Violations Punishable Section 23.50.010 Purpose of Residential High Occupancy Permit The purpose of these procedures is to provide for annual review and inspection of high occupancy single-family dwelling units for conformance with the applicable zoning and building regulations by ensuring that high occupancy units provide adequate parking and minimize impacts to adjacent properties. Section 23.50.020 When a Residential High Occupancy Permit is Required (a) On and after July 23, 2010, a Residential High Occupancy Permit is required for any single-family dwelling unit that is rented or leased (in whole or in part) and is occupied by more than six persons that are eighteen years of age or older. (1) Prior to the rental or sale of a single dwelling unit, the property owner shall disclose the requirement for a Residential High Occupancy Permit to prospective tenants or buyers. (2) The Residential High Occupancy Permit requirement shall apply to a single dwelling unit regardless of whether six or more persons eighteen years of age and older resided in the dwelling unit prior to the effective date of this ordinance. (b) Notwithstanding the foregoing, a Residential High Occupancy Permit shall not be required for any dwelling unit that is exempt from such regulation by virtue of any state law. Section 23.50.030 How to Apply for a Residential High Occupancy Permit (a) Within thirty days of an increase in a single-family dwelling unit occupancy, that is rented in whole or in part, such that the occupancy meets or exceeds that set forth in Section 23.50.020 (a), a property owner shall apply for a Residential High Occupancy Permit in accordance with Section 23.50.040. (b) The Residential High Occupancy Permit application and applicable fees shall be resubmitted annually by the property owner to ensure compliance with the provisions of this division. (c) A fee waiver for economic hardship may be requested with the permit application and shall be granted where a property owner demonstrates to the satisfaction of the City Manager that their annual income is less than the area median income. (d) It is unlawful for any responsible person to violate any requirement of this Chapter. 2 Section 23.50.040 Application for a Residential High Occupancy Permit An application for a Residential High Occupancy Permit shall demonstrate on submitted plans that one off-street parking space per occupant eighteen years of age or older, will be accommodated on the premises. In cases where an occupant eighteen years of age or older does not have a vehicle or valid dnver's license, the applicant shall provide evidence to the satisfaction of the City Manager to demonstrate the need for a lower parking requirement, which shall be documented in the pen -nit record. The form of the application shall be approved by the City Manager, or his designee. Review of the application may include an inspection of the premises by designees of the City Manager for purposes of verifying the information contained in the application, as well as confirming that the dwelling unit is in compliance with the provisions of this Code. The application shall be submitted with the annual pen -nit fee, as set by City Council resolution. Section 23.50.050 Issuance of a Residential High Occupancy Permit (a) The City Manager shall issue the Residential High Occupancy Permit when the required fees have been paid (or a fee waiver is granted), a copy of the lease agreement(s) have been provided where applicable, and the permit has been approved. (b) A Residential High Occupancy Permit shall not be issued to a property with a pending code violation case. (c) The permit shall be valid for a twelve month period, except that an increase or the number of vehicles in excess of that authorized under the permit shall require a new permit application and fees. (d) Once a permit is issued, the permittee shall apply for a renewal of the permit prior to the permit's expiration. Such renewal shall require payment of the annual permit fee and may include an inspection of the single family dwelling, at the discretion of the City Manager or his designee. Section 23.50.060 Enforcement and Administrative Remedies (a) Violations of this Division are subject to the judicial and administr?tive-enforcement remedies identified in Title 23 of the Municipal Code. (b) Violations of this Division may also result in the revoCation, of a previously approved Residential High Occupancy Permit, in the event that two or more code violations, within the last twelve months, have been determined to exist either prior to or pursuant to the final adjudication of any of the enforcement remedies available under Title 23 of the Municipal Code. Section 23.50.070 Enforcement by Designees 3 Wherever in this Chapter enforcement authority is given to any City employee or officer, such authority may be exercised by designees of those officers and employees. Section 23.50.080 ' Violations Punishable Except as otherwise provided by this Chapter, violations of this Chapter are punishable as set out in Sections 1.01.200 through 1.01.260 of the Municipal Code. SECTION 3. This Ordinance shall not take effect until thirty (30) days from its passage and adoption. SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the 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 adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption, including the vote for and against the same, in accordance with Government Code § 36933. PASSED, APPROVED AND ADOPTED this 23rd day of June, 20 AYOR ATTEST: CITY CLERK y rd 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 09-10 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of June, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 23rd day of June, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Kellar, Weste, McLean, Ender, Ferry None None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 09-10 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 5 CITY CLERK a 1 4009 Dated STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 09-10, adopted by the City Council of the City of Santa Clarita, CA on June 23, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20 Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 1 1