The fate of zoning information reports will be in the hands of the Santa Barbara City Council on Tuesday, the next chapter in a complicated story that dates back a decade.
A week ago the council voted 5-2 to put on the agenda an option of eliminating zoning information reports, which are required for homeowners at the time of sale.
Real estate agents and property ownership interests gathered 7,000 signatures and qualified for the November ballot an initiative that proposes repealing the reports.
City Attorney Ariel Calonne outlined the city’s many options for action in a 10-page staff report leading up to the council meeting.
The city could follow through with its plan by either adopting an ordinance to repeal the report requirement, or putting it on the November ballot.
Calonne wrote that the city could face legal challenges if the initiative is passed and adopted, because it is inconsistent with the city’s General Plan.
He said the council could vote to suspend the zoning information report requirement while amending the General Plan, if they go the ordinance route, and the council could also initiate a General Plan amendment before the November election.
However, if the initiative passes before the amendment is complete, the city would remain vulnerable to legal challenge, he noted.
Zoning information reports are currently required by the city of the homeowner at the time of a sale. They are intended to flag past city permits and approvals of any work done on the property as well as any potential violations of city ordinances on the site.
The information reports cost about $500 for an interior review and $400 for an exterior review, and the fees are doubled for an expedited review.
Members of the real estate community claim the zoning information reports are inconsistent and have the potential of tanking an entire house sale.
If a report uncovers illegal dwelling units or unpermitted work on the site, the city requires that the work be fixed, repaired or demolished. Such problems often spook potential buyers, who would be reluctant to buy a piece of property with known illegal work that could cost tens of thousands of dollars to repair.
Some homeowners are shocked when they receive a report of a permit problem, because nothing was uncovered in a previous report conducted when they purchased the home, according to supporters of the ballot initiative.
Critics of the city’s zoning information reports have also said the quality of the reports varies greatly from inspector to inspector.
Calonne said the council’s options for action Tuesday include:
» Place the zoning information report initiative on the November ballot, despite the possibility of a legal challenge if it passes and does not comply with the city General Plan
» Initiate a General Plan amendment to eliminate the zoning information report requirement and then “suspend” the ordinance, which would effectively repeal it
The council could also do nothing and refuse to put the measure on the ballot.
The Tuesday City Council meeting starts at 2 p.m. at City Hall, at 735 Anacapa St. and is expected to draw a strong showing of local realtors and members of neighborhood association groups, who support zoning information reports and say they minimize illegal dwellings.
— Noozhawk staff writer Joshua Molina can be reached at jmolina@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
