Prior to the consummation of a sale or exchange of real property situated within the city of Laguna Beach, the owner, or the authorized and designated representative of the owner, shall deliver the following disclosure statement to the buyer or transferee of the real property:
LOCAL OPTION
REAL ESTATE TRANSFER
DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS ___________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH LAGUNA BEACH MUNICIPAL CODE CHAPTER 14.77 AND CALIFORNIA CIVIL CODE SECTION 1102.6a. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
The Seller discloses the following information that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this disclosure to any person or entity in connection with any actual or anticipated sale of the property.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED IN THE CITY OF LAGUNA BEACH, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
The City of Laguna Beach has established a regulatory process to preserve the unique character and quality of life valued by the community. (See Section 25.05.040 of the Laguna Beach Municipal Code for details.) Because the existence and operation of this regulatory process is a material fact with respect to the use and enjoyment of privately owned property in Laguna Beach, the following features of the regulatory process for development of property, including new home construction and significant remodeling of existing homes, must be disclosed to all persons acquiring title to real property in Laguna Beach:
The Laguna Beach Municipal Code established a Design Review Board, which has the authority to regulate and permit use and development of real property in Laguna Beach. The members of the Design Review Board are appointed by the Laguna Beach City Council, and the proceedings of the Board are supported by professional staff of the City of Laguna Beach. Design Review Board actions can be appealed to the City Council.
The Design Review Board is authorized to exercise maximum flexibility and discretion to regulate and permit property development on a case-by-case basis, as determined and applied by the Board based on the particular issues raised and circumstances in effect at the time a development project is proposed.
The Laguna Beach design review process is enforced with respect to most development projects proposed by a property owner, including new home construction and significant remodeling of or improvements to existing structures.
An application for a development project must be made to the Design Review Board, and the process may include one or more public hearings on the application. Preservation of the City’s village atmosphere and scenic views are included in the criteria employed in the design review process. View preservation is one of several discretionary factors considered by the Design Review Board in determining the allowable development of a particular site.
Adjacent and nearby property owners, as well as members of the general public, are recognized by applicable law to have standing before the Design Review Board to be heard and to support or oppose any proposed development subject to the design review process.
The development actually permitted by the Design Review Board may be less than that allowable under the maximum standards established by the City’s applicable general zoning regulations, as determined by the Board based on its discretionary review and consideration of local circumstances and conditions identified in the design review process, which may justify more restrictive regulation of development and property use rights on a neighborhood-wide or site-specific basis.
(Ord. 1459 § 1, 2006)
Neither the enactment of the ordinance codified in this chapter nor the preparation and delivery of any disclosure statement required hereunder shall impose any liability upon the city for any errors or omissions contained in the statement.
(Ord. 1459 § 1, 2006)
No sale or exchange of real property shall be invalidated solely because of the failure of any person to comply with the provisions of this chapter, unless such failure is an act or omission that would be a valid ground for rescission of such sale or exchange in the absence of this chapter.
(Ord. 1459 § 1, 2006)