The purpose of this chapter is to require owners to provide to buyers of residential property a Zoning Information Report that consists of City records pertaining to the authorized use, occupancy, and zoning of residential property as contained in the City's street and planning files, and to provide owners with a convenient method of compiling and providing that information to purchasers.
(Ord. 5908, 2019)
The following definitions apply to this chapter:
Agreement of Sale.
Any agreement or written instrument for the purchase or sale of residential property.
Buyer.
The person or entity that will acquire title to residential property pursuant to an agreement of sale.
Owner.
Any person or entity that will convey title to residential property pursuant to an agreement of sale.
Residential Property.
Any improved real property located in the City, designed or permitted to be used for any residential purpose, including all structures located on the real property.
Zoning Information Report.
The records contained in the street files and planning files for residential property maintained by the City's Community Development Department, excluding any plans.
(Ord. 5908, 2019)
The provisions of this chapter shall apply to the transfer of title of any residential property except for the following:
A. 
The first sale of each separate residential building located in a subdivision where the final subdivision or parcel map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale.
B. 
The sale of any residential property on which a new home is under construction pursuant to a valid building permit.
C. 
The sale of any residential property where the final building permit inspection on a new home was issued within three months of the date on which the owner entered into the agreement for the sale of a home to the buyer.
D. 
The sale of a condominium unit.
(Ord. 5908, 2019)
A. 
It is unlawful for any owner to consummate the transfer of title of residential property subject to this chapter without providing the buyer with a Zoning Information Report.
B. 
Disclosure of Zoning Information Report. No later than seven days after entering into an agreement of sale of any residential property, the owner or owner's authorized representative shall provide to the buyer a Zoning Information Report. The owner may satisfy this requirement by providing a physical copy of the Zoning Information Report or a web link to the Zoning Information Report, at the owner's discretion. Upon request of the buyer, the owner may provide a physical copy the Zoning Information Report in an electronic format.
C. 
Obtaining a Zoning Information Report. An owner or an owner's authorized representative may obtain a Zoning Information Report by accessing the Zoning Information Report webpage on the Official City of Santa Barbara website. A physical copy or electronic copy of the Zoning Information Report may be requested by the owner by filing a request with the Community Development Department. If the request is for a physical copy, the owner or the owner's authorized representative must pay a reasonable fee not to exceed the actual cost of duplication. The Community Development Department will provide the Zoning Information Report within ten business days from receipt of a request.
D. 
Buyer's Obligation. A Zoning Information Report does not constitute a representation or warranty by the City. It is a buyer's obligation to review the report and take any necessary steps to interpret and understand the information contained therein. A buyer may, upon request, review, but not duplicate, the building plans of the residential property maintained by the building official.
E. 
Contents of Zoning Information Report. The Zoning Information Report is a copy of the records in the street and planning files maintained by the Community Development Department as of the date that the record is made, or in the event of a web link search, as of the date it is accessed by the buyer. The files are subject to change, including destruction of records as authorized pursuant to the City's records retention policy.
(Ord. 5908, 2019)
The failure to comply with the provisions of this chapter shall not invalidate the transfer or conveyance of real property to a bona fide purchaser or encumbrancer for value.
(Ord. 5908, 2019)