As per the California Grand Jurors’ Association, “With regard to its watchdog authority, the grand jury is well suited to the effective investigation of local governments because it is an independent body, operationally separate from the entities and officials it investigates. It conducts its investigations under the auspices of the Superior Court and has broad access to public officials, employees, records and information.
“The grand jury’s fact-finding efforts result in written reports that contain specific recommendations aimed at identifying problems and offering recommendations for improving government operations and enhancing responsiveness. In this way, the grand jury acts as a representative of county residents in promoting government accountability.”
Having received several requests to investigate the accuracy and reliability of the Zoning Information Reports prepared by the City of Santa Barbara, the Santa Barbara Grand Jury interviewed Community Development Department staff, real estate agents and brokers, homeowners, a private-sector consultant and other real estate industry-related professionals as well as reviewing minutes from an ad hoc Working Group and various drafts for proposed changes. They also attended the Planning Commission meeting and City Council meeting where the recommendations of the Working Group were reviewed.
“After a vigorous investigation, the 2014-15 Santa Barbara County Grand Jury concludes that while Zoning Information Reports had an important role to play in preserving neighborhoods from overcrowding, time has caught up with them and they no longer hold the relevance they once had. When it became possible to access previous history, the ZIR process changed and staff began to play catch-up with often disastrous unintended consequences.”
Their recommendations are:
» That the City of Santa Barbara declare Zoning Information Reports voluntary, and used for informational purposes only.
» That the City of Santa Barbara Community Development Department institute a policy that if staff cannot prove that the property was altered during the current ownership, the city presumes the alteration previously existed.
» That if the alleged violations prove to be incorrect, the City of Santa Barbara reimburse the homeowner for all costs incurred in the subsequent investigation.
» That the City of Santa Barbara provide certainty to the buyer by certifying each Zoning Information Report as accurate.
» If a Zoning Information Report violation is found to be incorrect, that violation be removed entirely from the report.
a. That the City of Santa Barbara establish an appeals process that requires an outside mediator.
b. That the Zoning Information Report include a prominently stated and documented appeal process.
» The Planning Technician II inspector review all relevant files prior to a site visit.
» The price for a Zoning Information Report should be consistent with other municipalities.
» That the city rewrite this parking ordinance requirement in a more flexible manner while keeping on-street parking under control.
» That the City of Santa Barbara write a detailed training manual defining the research policies, inspections and procedures.
The Santa Barbara Association of Realtors applauds the diligent and in-depth fact-finding of the Grand Jury that echoes our own concerns. It is up to the City Council to take responsible and meaningful steps.
It’s time to make the ZIRs voluntary and rein in an unfair, unregulated and unnecessary point of sale requirement.
* Taken from the 2014-15 Santa Barbara County Grand Jury City of Santa Barbara Zoning Information Report. Click here to read the entire report.
— Reyne Stapelmann is a broker associate with Berkshire Hathaway Home Services, California Properties and the 2015 president of the Santa Barbara Association of Realtors. Contact her at reynestapelmann@cox.net or 805.705.4353. The opinions expressed are her own.