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Home My WebLink AboutD-4 Staff Report - RPRR Ordinance Code AmendmentSCHEDULED ITEM D-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT (“ECD”) DATE: AUGUST 21, 2023 SUBJECT: FIRST READING OF ORDINANCE MODIFYING ARTICLE XI OF THE AZUSA MUNICIPAL CODE- REAL PROPERTY RECORDS REPORT, SECTION 14-331 –EXCEPTIONS OF THE CITY OF AZUSA BACKGROUND: Article XI of the Azusa Municipal Code - Real Property Records Report, also referred to the Presale Report has been in effect since 1986, it was adopted as a consumer protection measure, as well as a continuing method to improve and maintain the quality of all properties within the City of Azusa. The process allows for the review of all property to ensure proper compliance with all applicable laws and ordinances such as, the Building Code, Zoning Code, property maintenance, and the Azusa Municipal Code, prior to entering into an agreement of sale. As part of the process, Community Improvement Staff are required to prepare and issue a real property records report to a buyer prior to entering into an agreement to sell land. During the February 21, 2023 City Council meeting, the Economic and Community Development Department provided a status update of the program. During this time, direction was provided to consider possible refinements or clarification to the applicability of the program. This evening, staff is returning with those recommendations. RECOMMENDATIONS: Staff recommends that the City Council take one of the following actions: 1)Find the requested project exempt from the California Environmental Quality Act (CEQA); and 2)Waive further reading and adopt Ordinance No. 2023-03; Approved City Council August 21, 2023 Municipal Code Amendment - Article XI – Real Property Record Report August 21, 2023 Page 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING A CODE AMENDMENT MODIFYING AND AMENDING ARTICLE XI – REAL PROPERTY RECORDS REPORT, SECTION 14-331 EXCEPTIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA ANALYSIS: Attached to this Staff Report is a draft Ordinances recommending changes to Article XI Real Property Records Report, Section 14-331 Exceptions. The City Council can move to adopt Ordinance No. 2023-03 if substantial information is provided supporting such recommendation. As adopted and codified in Chapter 14-326 of the Azusa Municipal Code, the Real Property Records Report is a pre-requisite for the sale or transfer of land in the City of Azusa. The process requires the disclosure of vital building and zoning records, useful document to be used in conjunction with the sale of land. Earlier this year staff provide council with an update on the program. Following, that presentation, direction was given to study any possible refinements to the Ordinance in order to focus with the expeditious processing of only necessary applications. This evening, and through this Ordinance, staff is requesting the first reading of an Ordinance to modify the applicability of this section to include additional exemption as noted below in bold and underlined: Sec. 14-331. Exceptions This article shall not apply to the following: 1. The first sale of residential or commercial buildings or condominiums located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale. 2. Mobilehomes and trailers occupying land on a month-to-month rental or annual lease agreement where land sales are not involved and the use is in compliance with local zoning requirements. 3. Buildings and properties acquired or conveyed by the city. 4. Condominiums, townhouses, dwellings with a planned unit development (PUD), units within a homeowners association (HOA). 5. Single Family Residences built after the year 2010. In its determination to include the two additional exemptions noted above, staff believes that a homeowner’s association typically will suffice as a de-facto enforcement entity and can monitor situations within their designated areas of authority on an ongoing basis. Furthermore, staff does not typically encounter code-related matters with newer housing stock. Therefore, staff believes that this too can be included in the Code amendment. Municipal Code Amendment - Article XI – Real Property Record Report August 21, 2023 Page 3 ENVIRONMENTAL REVIEW: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. FISCAL IMPACT: A request to undertake a First Reading of this Code Amendment will have no fiscal impacts. The Code Amendment is intended to provide clarification to the Real Property Records Report process. Prepared and Reviewed by: Jose D. Jimenez Director of Economic & Community Development Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Draft Ordinance No. 2023-03 ORDINANCE NO. 2023-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING A CODE AMENDMENT MODIFYING AND AMENDING ARTICLE XI – REAL PROPERTY RECORDS REPORT, SECTION 14-331 EXCEPTIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Article XI, Real Property Records Report was created in 1986 as a consumer protection measure, as well as a continuing method to improve and maintain the quality of all properties within the City of Azusa; and WHEREAS, the Real Property Records Report process allows for the review of all property to ensure proper compliance with all applicable laws and ordinances such as, the Building Code, Zoning Code, property maintenance, and the Azusa Municipal Code, prior to entering into an agreement of sale; and WHEREAS, on February 21, 2023, the City Council received a staff report on the applicability of the Real Property Records Report; and WHEREAS, during the February 21, 2023 meeting direction was provided to staff to provide clarity on the program, especially in situations where said property may be under constant monitoring such as a Home Owners Association (“HOA”); and WHEREAS, the City has a substantial interest in providing clarity especially during the transaction of land; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Additions to the Azusa Municipal code are shown in underlined and the deletions are denoted by strikethrough. Text underlined in blue font represent hyperlinks. SECTION 3. Sections 14-331 of the Azusa Municipal Code is hereby amended as shown below: Sec. 14-331. Exceptions Attachment 1 This article shall not apply to the following: (1) The first sale of residential or commercial buildings or condominiums located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale. (2) Mobilehomes and trailers occupying land on a month-to-month rental or annual lease agreement where land sales are not involved and the use is in compliance with local zoning requirements. (3) Buildings and properties acquired or conveyed by the city. (4) Condominiums, townhouses, dwellings with a planned unit development (PUD), units within a homeowners association (HOA). (5) Single Family Residences built after the year 2010. SECTION 4. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 213 E. Foothill Blvd., Azusa, CA 91702. The custodian of these records is the City Clerk. SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa, California, at a regular meeting of the City Council held on the 21st day of August, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City of Azusa ________________________________ Robert Gonzales, Mayor ATTEST: ________________________________ Jeffrey Cornejo, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP _______________________________ Marco A. Martinez, City Attorney CERTIFICATION I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at a regular meeting of said City Council on the _____ day of _______________, 2023 and was finally passed and adopted not less than five (5) days thereafter on the ____ day of _____________, 2023 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Jeffrey Cornejo, City Clerk