HomeMy WebLinkAboutF-1 Staff Report - RPRR Code Amendment 2 Reading Ordinance No. 2023-03SECOND READING ORDINANCES
F-1
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: SEPTEMBER 18, 2023
SUBJECT: SECOND 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.
On August 21, 2023, staff from Economic and Community Development presented a request for
a First Reading of an Ordinance requesting to modify Article XI of the Azusa Municipal Code –
Real Property Records Report, Section 14-331, with one requested modification. The modification
expanded the exclusion of single-family residences built after 2010 to 2000.
Approved
City Council
September 18, 2023
Municipal Code Amendment - Article XI – Real Property Record Report
September 18, 2023
Page 2
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) Conduct a Second Reading;
3) Waive further reading and adopt 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
ANALYSIS:
Attached to this Staff Report is a draft Ordinance recommending changes to Article XI Real
Property Records Report, Section 14-331 Exceptions. This item was presented to the City Council
at their regular City Council meeting of August 23, 2023, and where the City Council conducted
a First Reading.
This evening, and through this Ordinance, staff is requesting the second 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 2000.
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
Municipal Code Amendment - Article XI – Real Property Record Report
September 18, 2023
Page 3
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 Second Reading of this Code Amendment will have no fiscal impact.
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 2000.
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 ___ day of ____, 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