LAMP/septic systems

Monterey County has received final approval of the changes to the County’s Onsite Water Treatment Systems (OWTS)/septic systems requirements. The County Department of Environmental Health is working to update County ordinances to reflect those new requirements. There are significant changes from before.

We have posted a link to a summary of changes as well as the entire LAMP document for your review. If you or your clients have specific questions about existing septic systems, pump outs, repairs or replacements please contact Nicki Fowler:

Directly at fowlerne@co.monterey.ca.us or call her at (831) 755-4584.

Summary of Change Based on Jan 24, 2018

Final LAMP 2018

 

 

 

 

 

NEW! AB 646 Rental Disclosures Act

Heads Up for MCAR Members,

 

As of July 1, 2018 landlords and sellers must disclose if a rental property is located in a flood zone or flood hazard area. AB 646 requires certain information to be included in any new lease or contract renewal.

 

The required information that must be provided to potential and current tenants is not complicated. Please review the extract of AB 646 to ensure your disclosure paragraph meets the law’s requirements. Check with CAR legal or your attorney if you have additional questions.

 

 

 

 

 

 

Legislative Update

By Scott Dick, Ed.D.

(Excerpted from car.org): Friday, June 1, 2018 was the Legislature’s “House of Origin” deadline. Any measure that did not pass over to the other house by that date will not move forward this session.

Here are a few highlights from last week, as the Legislature moves closer to summer:

Defeated: AB 2364 (Bloom and Chiu) Ellis Act
 – Enacted by the Legislature in 1985, and sponsored by C.A.R., the Ellis Act prohibits local government agencies from forcing property owners to continue to operate their private properties as rental businesses when they wish to stop doing so. Specifically, the Ellis Act, among other things, requires properties returned to the rental market before a 5 year “seasoning” period expires to include any deed-restricted or rent-controlled units previously located on the property. C.A.R. opposed AB 2364: it would effectively double that “seasoning” time period from 5 to 10 years. This, in turn, would have made it less likely that properties would be returned to the rental market, further aggravating California’s rental housing supply problems.

AB 2364 was defeated on the Assembly Floor thanks to the efforts of REALTORS® who responded to a C.A.R. Red Alert. The bill secured only 25 YES votes with 36 Assembly Members voting NO and the remainder not voting.

Defeated: AB 2925 (Bonta) Just Cause 
– Existing law allows landlords to provide a 30- or 60-day notice to a tenant without stating a reason for the termination of the tenancy. This bill would have prohibited a landlord from providing this notice unless the landlord had “just cause” and enumerated the reasons for termination in the notice.C.A.R. opposed AB 2925: it would have put good tenants in danger by making it extremely difficult to remove bad tenants who engage in behavior that violates the terms of their lease. AB 2925 was defeated on the Assembly Floor.

Tabled: AB 2618 (Bonta) Mandatory Property Management Certification Program – AB 2618 would have created a new property management certification program, and would have mandated all landlords and property managers who own or manage rental units to complete the program every two years. C.A.R. opposed AB 2618: it would have required real estate licensees to complete a mandatory property management certification program to perform property management services that they are already licensed to provide.

Thanks to the efforts of REALTORS® on Legislative Day, AB 2618 was held in the Assembly Appropriations Committee and will not move forward this session.

Moving forward: AB 2368 (Calderon) California Online Notary Act – Current law requires that specified documents related to a transaction be notarized in person. AB 2368 requires the Secretary of State to adopt standards that authorize the online notarization of documents. C.A.R. supports AB 2368: it seeks to improve and update the home purchasing process by making document notarization more convenient while providing necessary safeguards. AB 2368 passed off the Assembly Floor this past week.

Moving forward: AB 2890 (Ting) Accessory Dwelling Units (ADUs) 
– This measure seeks to prohibit local ordinances from adopting restrictive requirements (i.e. minimum lot size, lot coverage, or floor area ratio) on the construction of ADUs. The bill reduces the timeframe in which local governments must approve or disapprove an ADU to 60 days. Finally, this measure gives the Department of Housing and Community Development review and oversight authority over local ADU ordinances. C.A.R. supports AB 2890: it will help alleviate our housing shortage by streamlining the statewide development of accessory dwelling units. AB 2890 passed off the Assembly Floor last week.

Moving forward: SB 1087 (Roth) PACE: Program Administrators – In 2017, the Legislature passed AB 1284 (Dababneh) which required the licensing and regulation of Property Assessed Clean Energy (PACE) program administrators and the solicitors and solicitor agents. Under these requirements, program administrators must be licensed by the Commissioner of Business Oversight. SB 1087 seeks to provide more clarity within the PACE program by implementing various substantive and technical changes including the following provisions: 1) establishing “good faith” determination of the borrower’s ability to pay, 2) improving safeguards on a consumer’s personal information by adding further specifications to the role of program administrators, 3) ensuring that DBO can take immediate action to discipline PACE solicitors and solicitor agents. C.A.R. supports SB 1087: it increases consumer protection with PACE transactions. SB 1087 passed off the Senate Floor this past week.

End of September, MCAR 2017 Legislative update

Source: California Association of REALTORS® (CAR)

The Legislature has passed and forwarded a package of bills to Governor Jerry Brown. The legislation is designed to attempt to streamline the construction of new housing in the state. The bills are:

AB 72 (Santiago and Chiu) Enforcement of California Housing Laws – The Housing Accountability Act (HAA) only permits a local government to deny a proposed housing development that complies with general plan and zoning standards if the project would adversely impact public health or safety.

AB 73 (Chiu) Housing Sustainability Districts – AB 73 would permit developers to voluntarily use an alternate project approval process in a housing sustainability district.

AB 678 (Bocanegra) and SB 167 (Skinner) Housing Accountability Act (HAA) Expansion and Enforcement – These bills would ensure that local agencies cannot disapprove housing projects without a preponderance of evidence proving that the project adversely impacts public health or safety.

AB 879 (Grayson) Housing Element: Developers – The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element.

SB 2 (Atkins) Recording Tax – SB 2 seeks to fund affordable housing by imposing a flat $75 per document recording fee on every real estate instrument not part of a sales transaction.

SB 35 (Wiener) Streamlining Affordable Housing Production – SB 35 would create a streamlined “by-right” approval process for infill projects with two or more residential units or Accessory Dwelling Units in localities that have failed to produce sufficient housing to meet their Regional Housing Needs Assessment goals

SB 540 (Roth) Workforce Housing Opportunity Zones – This bill would authorize local governments to establish Workforce Housing Opportunity Zones by preparing an Environmental Impact Report pursuant to the California Environmental Quality Act. SB 540 would prohibit local governments from denying developments proposed within that zone for 5 years.

SB 173 (Dodd) This bill reestablishes the Department of Real Estate as a separate entity. Last week the bill moved forward as the C.A.R.-sponsored legislation passed the legislature with unanimous floor votes in both houses (in 2012, the Department of Real Estate was moved to the Business, Consumer Services, and Housing Agency in an attempt to save money).

Septic systems, Sewer Laterals, Short-term Rentals and Legislation Day

March 28, 2017

Septic Systems

Public policy is easier to shape than it is to fix. In that regard multiple members of MCAR are volunteering their time to help shape policy in Monterey County and our local cities.

One member is involved with Monterey County’s Local Agency Management Program (LAMP). The LAMP is responsible for updating the County’s Department of Health regulations that will become ordinances covering onsite wastewater treatment systems (OWTS) – also known as septic systems. The State Water Resources Control Board (SWRCB) has mandated that every county update local regulations covering OWTS. The State continues to seek improvements in water quality both for surface water and groundwater and the Department of Health anticipates providing the draft language to the County Supervisors to approve as ordinances as early as 2018.

Under the new guidelines it is proposed that each time an OWTS servicer pumps out a septic tank, the servicer must provide a written report to the Department of Health regarding the efficiency of the system and whether the system should be repaired or replaced. This report alone may be enough to trigger a review of the system and possibly generate the expensive installation of a new type of OWTS that may be two-to-three times as expensive as a traditional septic tank, pit or drain-field repair or replacement. The new ordinances may significantly alter the OWTS’ method and cost of replacing failed or failing septic systems so don’t wait if you or your client has a troublesome septic system.

Sewer Laterals

Another team of members is working with the City of Monterey to rewrite the sewer lateral regulations that are currently in effect for both Pacific Grove and Monterey. The team met with the chief inspector to develop proposed language on when and under what circumstances homeowners, either sellers or buyers, are responsible for repairing sewer laterals.  The team has met once with the inspector and as the process unfolds MCAR will continue to participate and monitor the drafting of the proposed regulations.

Short-term Rentals

Another team of members are working with Monterey County to draft fair and reasonable ordinances regarding short-term rentals in the inland areas of Monterey County. The team has met over the last two years with numerous officials and participated in outreach and working sessions to help craft the language. The process has been slow and the county now anticipates the release of the new language sometime in 2017.

Legislative Day Sacramento May 3, 2017

The first quarter of 2017 has been busy for advocacy and outreach (A&O) and as the State Legislature continues to meet more proposed legislation will need our attention. As such, members of the Local Government Relations committee are planning participation in the annual California Association of REALTORS® (CAR) Legislative Day in Sacramento. Last year MCAR volunteer leadership met personally with Senate Majority Leader – Bill Monning, Senator Anthony Canella, Assemblymember Luis Alejo and Assemblymember Mark Stone.

The Legislative Day is held during the Spring Meetings in Sacramento and our volunteer leadership will participate both in CAR committee meetings and in visits with our senators and assembly members during the week of May 1-5, 2017.

Dr. Scott Dick

Why RAF Matters – by Scott Dick

One of the most important services to you as an MCAR member is organized real estate representation at the local, state and federal level. Your contribution to the REALTOR® Action Fund (RAF) ensures that you a have all the tools you need to protect yourself, your business and your clients from policy makers and local government staff who may not understand all the issues related to professional real estate.

Last year CAR saved REALTORS® $9,905 each; a pretty good return on the investment of an additional voluntary contribution of $49. We estimate the true cost of doing business at the local, state and federal level is $148 per year, but we are only asking for a voluntary additional contribution of $49. If you would like to discuss this further please email me Scott Dick Government Affairs Director (GAD) at scott@mcar.com or call 831-393-8677.