Chapter 14.73 — RESIDENTIAL RENTAL UNIT DEMOLITION

The purpose of this chapter is to set forth conditions and procedures relating to the demolition of rental housing units in the city. The need for these provisions is based on the following findings:

A.

Existing rental stock in the city, which is in limited supply, provides a substantial portion of the housing opportunities for low and moderate income households. Thus, the existing rental stock, especially that occupied by low and moderate income households, needs to be preserved.

B.

Demolition of dilapidated rental housing, although sometimes required for health and safety reasons, can result in the displacement of low or moderate income households and that mitigation of such action is desirable and consistent with the policies set forth in the local coastal plan.

C.

Replacement of demolished low and moderate income housing units, consistent with the policies set forth in the local coastal plan, is necessary to preserve housing opportunities.

(Ord. 315 § 1 (part), 1981)

A.

A demolition permit, as approved by the planning commission or the city council on appeal and issued by the community development department, shall be required prior to the demolition of existing rental dwelling units.

B.

Application to demolish any rental residential unit or structure, in conformance with the provisions of Attachment A of the ordinance codified in this title, shall be made to the community development department. The community development department may require the provision of additional information as necessary to evaluate the proposal in terms of the criteria set forth in this title. The fee for this procedure shall be as established by resolution of the city council.

(Ord. 315 § 1 (part), 1981)

A.

City action(s) to abate a nuisance for reasons of public health, safety and welfare as provided for under Chapter 8.40 shall be exempt from the provision of this title.

B.

Nonprofit organizations, churches, public agencies, special districts (e.g., fire, sanitary, water), and the Carpinteria unified school district shall be exempt from the provisions of this title, subject to the following provisions:

1.

Not more than three (3) residential rental units shall be demolished on any one site.

2.

All tenants of any residential unit being proposed for demolition shall be provided with a notice of intention to demolish and relocation assistance in accordance with Sections 14.73.050(F)(1) and (2).

3.

All requests for exemption under this section shall be reviewed and approved by the city council prior to issuance of a demolition permit.

4.

The city council finds that such demolition will not be detrimental to the health, safety and general welfare.

(Ord. 521 § 1 (part), 1996: Ord. 315 § 1 (part), 1981)

A.

Not less than ten (10) working days prior to the public hearing on the demolition permit application, the applicant shall give all tenants of the building(s) proposed for demolition a written notice in nontechnical language in both English and Spanish. Evidence of delivery (i.e., tenant signature, certified mail receipt) shall be submitted to the community development department. Such notice shall indicate: that the applicant intends to demolish the building; the date and location of the public hearing; the steps and actions the applicant and others, including governmental agencies, will or must take in order for the building to be demolished. Such notice shall further specify that:

1.

The tenant will be permitted to terminate any lease or rental agreement without penalty upon notifying the property owner/applicant in writing thirty (30) days in advance of such termination;

2.

The provision for relocation assistance specified in Section 14.73.050(F)(2) is applicable;

3.

No tenant will be evicted during a period beginning with the date of application for a demolition permit and ending ninety (90) days after the issuance of the notice of intention to demolish or abate (see Section 14.73.050(F)(1)) except for reasons of default under the obligations of the rental agreement or lease under which he/she occupies his/her unit.

B.

Written notice of the public hearing shall also be provided to the adjacent property owners and shall be published in at least one newspaper of general community circulation.

(Ord. 315 § 1 (part), 1981)

A.

No application to demolish a residential rental unit or structure shall be approved unless the following criteria are met:

1.

Units are beyond reasonable repair (e.g., costs of rehabilitation exceed fifty (50) percent of the market value of the unit in its present deteriorated condition). This determination shall be made by the community development director based upon any technical and professional information that may be required of the applicant as well as housing code compliance costs as estimated by the city building official; and

2.

Demolition is required for health and safety reasons, that is the unit(s) is structurally unsafe or constitutes a hazard to safety, health or public welfare as determined by the community development director based on information supplied by the city building official; or

3.

The city council finds that the demolition serves a valid public purpose.

B.

Where low-moderate income units are to be demolished under subsections (A)(1) and (2) of this section, then replacement of the units either on the original site or an alternative site provided by the applicant within the city, shall be required in any redevelopment of the property at a minimum of one replacement unit for every two (2) demolished. Where low-moderate income units are to be demolished under Section 14.73.050(A)(3), then replacement of the units either on the original site or an alternative site provided by the applicant within the city shall be required in any redevelopment of the property at a minimum of one replacement unit for every one demolished.

C.

Where only one low-moderate income unit in a multi-unit development or one low-moderate income singlefamily unit is to be demolished, replacement of the unit either on the original site or an alternative site provided by the applicant within the city, shall be required in any redevelopment of the property.

D.

Where the low-moderate income units proposed for demolition are legally nonconforming structures on nonresidentially zoned property, the city shall make a determination on whether to:

1.

Rezone the property as necessary for new residential development; or

2.

Apply mixed use zoning provisions to new development; or

3.

Maintain the existing zoning and require replacement of low-moderate income units on an alternative site provided by the applicant.

E.

Low-moderate income replacement units are to be retained and administered as low-moderate income units through either the county housing authority or other appropriate housing assistance agency(s) designated by the city.

F.

Where existing tenants are to be displaced, the applicant is responsible to ensure the following:

1.

Following approval of the demolition permit, each tenant shall be given a ninety (90) day notice of intention to demolish or abate prior to termination of his or her tenancy and initiation of demolition activities. Evidence of delivery (i.e., tenant-signature, certified mail receipt) shall be submitted to the community development department;

2.

Relocation assistance is to be provided by supplying the tenants, through a tenant referral service, with at least two (2) referrals for replacement housing comparable in location and within the tenant's economic means, if provision of such referrals is feasible. Where low-moderate income tenants are to be displaced, the applicant shall also, with the assistance of the city, formally petition the county housing authority (or other appropriate housing assistance agencies) on behalf of the displaced tenants for priority consideration under regular and/or emergency assistance procedures.

G.

The community development director may exercise the authority to approve and issue an immediate permit for demolition under extreme emergency conditions such as destruction by natural forces (fire, flood, etc.). All applicable unit replacement requirements under this section shall apply to any redevelopment of the property or structures.

(Ord. 521 § 1 (part), 1996; Ord. 315 § 1 (part), 1981)

Application for a demolition permit shall include the following information:

Applicant:

Name Address Telephone Persons representing applicant: Name Address

Telephone Location of proposed structure to be demolished: Street address Parcel number

Characteristics of property:

Zoning Existing uses (attach map) Proposed use Adjacent uses

Characteristics of unit(s) to be demolished:

Number of units Type of unit Age of unit Condition of unit Value of unit (submit appraisal if required) Existing tenants, number Previous 12-month rental rate history (rental payment receipts or tax information) Relocation and public housing assistance to displaced tenant(s).

(Ord. 315 § 1 (part), 1981)