O1736
CA:atty\muni\laws\mhs\eqrec2
City council Meeting 4-19-94
Santa Monica, California
ORDINANCE NUMBER
1736
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ENTITLED "THE EARTHQUAKE RECOVERY ACT,"
ESTABLISHING PROCEDURES AND STANDARDS
FOR REPAIR AND RECONSTRUCTION
OF EARTHQUAKE DAMAGED STRUCTURES AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and
declares:
(a) Numerous residential and commercial buildings in the city
of Santa Monica experienced substantial damage due to the January
17, 1994 Northridge earthquake and its aftershocks. Citywide, more
than 2000 dwelling units and 135 non-residential structures were
significantly damaged. As a result, residents have been displaced
from their homes and businesses, and owners face the task of
rebuilding damaged structures.
Without a streamlined permit
process, families may be left homeless, neighborhoods will continue
to experience the negative effects of unrepairedbuildings, and
economic hardships will result from the delay in reconstruction.
1
(b) Many of the buildings which were damaged are currently
nonconforming with respect to density, setbacks, height, floor area
ratio, or other code requirements. Under existing zoning ordinance
provisions, if damage to a structure equals or exceeds one-half of
replacement costs immediately prior to such damage, the structure
must conform to current zoning upon rebuilding. Adherence to these
zoning provisions would significantly delay rebuilding and
recovery.
(c) In addition, numerous damaged buildings contain more
housing units than allowed by current zoning. If current
rebuilding provisions were followed, there is the potential for a
loss of housing units on these sites.
(d) In order to preserve the City's housing stock, to
encourage rapid rebuilding of residential and commercial
structures, to maintain the city's existing residential and
commercial character, and to otherwise promote the public welfare,
it is necessary to adopt an expedited permit process for
rebuilding, and reconstruction standards which encourage
rebuilding.
(e) This Ordinance creates a new permit, an Earthquake
Recovery Permit, which will be available for the next two years.
An Earthquake Recovery Permit will authorize repair and
reconstruction of earthquake damaged structures to their pre-
earthquake condition. The Ordinance also establishes an expedited
review process, in which the level of review depends upon the
extent of damage to the structure and the overall size of the
2
proj ect. This Ordinance sets property development standards,
allowing in-kind repair or reconstruction of legal nonconforming
structures without complying with current zoning requirements. The
Ordinance also delineates the building standards applicable to
repair and reconstruction, which depend upon the magnitude of
damage to the structure. The Ordinance establishes reoccupancy
rights for displaced residential tenants of buildings requiring
repair or reconstruction.
(f) In order to preserve some level of affordability of
residential rental units, and at the same time provide an incentive
to rebuild, this Ordinance allows residential rental structures
which are demolished and reconstructed to increase in size by
fifteen percent (15%). An affordable housing obligation is also
created for structures requiring a removal permit from the Rent
Control Board. The obligation may be satisfied by complying with
any Rent Control Board imposed affordable housing obligation, or by
deed restricting twenty-five percent (25%) of the units to be
affordable to low and moderate income households, with the
remainder of the units uncontrolled at market rents.
(g) Finally, this Ordinance repeals the majority of the
emergency ordinances adopted since the Northridge earthquake, and
incorporates key provisions of those ordinances which are intended
to remain in effect.
SECTION 2. Definitions. Words used in this Ordinance shall be
defined as provided in this section. Words not specifically
3
defined in this Ordinance shall be defined as set forth in the
zoning Ordinance.
(a) Affordable Housinq unit. A rental unit meeting the
requirements .of section 5 of this Ordinance which is affordable to
a household with low or moderate income.
(b) Change of Use. For residential structures, a change to
non-residential use or a change from apartments to condominiums;
for non-residential structures, any use with a different parking
requirement.
(c) Cost of Repair. The estimated cost to repair or
reconstruct to be determined by the City based upon information
provided pursuant to Section 6 (a) .of this Ordinance. Cost of
repair shall include the cost of including any additional square
footage allowed as a size incentive pursuant to this Ordinance.
(d) Current Technical Codes. The provisions of Santa Monica
Municipal Code Chapter 8.04, and any other construction related
technical codes adopted by the City, in effect at the time of
issuance of the building permit.
(e) Earthquake Damaqed structures. structures damaged by the
Northridge earthquake or its aftershocks for which the cost of
repair exceeds $1.00 per square foot of building area.
(f) Earthquake Recovery Permit. A permit to repair, or
remove and reconstruct, earthquake damaged structures or portions
of earthquake damaged structures, issued pursuant to this
Ordinance.
4
(g) In-kind. In-kind means that, excluding any Size
Incentive allowed by this Ordinance, and except as necessary to
comply with required Current Technical Code provisions:
(1) The square footage of the proposed structure does
not exceed the amount which existed in the building pre-earthquake;
(2) The number of dwelling units is the same as the
number existing pre-earthquake (although the number of bedrooms or
configurations of units may vary);
(3) The height of the structure is no greater than that
which existed pre-earthquake;
(4) The setbacks are no less than those which existed
pre-earthquake;
(5) The number of parking spaces provided is no less
than the parking provided pre-earthquake (unless the structure is
located in the Downtown Parking Assessment District);
(6) Lot coverage is no greater than that which existed
pre-earthquake;
(7) Landscaping, trash and recycling enclosures are
substantially similar to those existing pre-earthquake; and
(8) There is no change in use except as specifically
allowed by this Ordinance.
(h) Landmark eligible. A structure meeting one or more of
the following criteria:
(1) Listed on the National Register of Historic Places;
(2) Listed on the California Register of Historical
Resources;
5
(3) Designated as a City Landmark;
(4) Identified in the City of Santa Monica Historic
Resources Inventory Volumes I, II, and III, and evaluated as: (a)
eligible for the National Register of Historic Places as an
individual structure or as part of a district or (b) eligible for
designation as a City Landmark.
(i) New Construction. For non-residential structures, any
construction which is not in-kind; for residential structures, any
construction which, excluding any Size Incentive allowed,by this
Ordinance, is not in-kind.
(j) Pre-earthquake. The conditions existing il1Ul1ediately
prior to the January 17, 1994 Northridge earthquake.
(k) Reconstruction. The in-kind restoration or rebuilding of
an earthquake damaged structure in which more than 50% of the
exterior walls are removed to the foundation.
(1) Repair. The in-kind restoration of an earthquake damaged
structure in which no more than fifty percent (50%) of the exterior
walls are removed to the foundation.
(m) Replacement Value. The estimated cost of replacing the
earthquake damaged structure, to be determined by the City using
the most current Building Valuation Table published by the
International Conference of Building Officials.
(n) Residential Rental Proiect. A parcel containing two or
more rental dwelling units not held in condominium or cooperative
ownership. Any project for which a TORCA application has received
6
final City approval shall not be considered a Residential Rental
Project.
(0) Siqnificant Desiqn Chanqe. The architectural style of a
building, building footprint, or the majority of the exterior
building materials are substantially different from that which
existed pre-earthquake.
(p) Size Incentive. An incentive allowing a total square
footage increase of up to fifteen percent (15%) over pre-earthquake
square footage on the parcel, and a total height increase of five
feet per structure on the parcel; but not allowing any increase in
the number of dwelling units.
(q) Tenant. Any tenant, subtenant, lessee, sublessee, or any
other person occupying a rental housing unit pursuant to a rental
housing agreement.
SECTION 3. Applicability. This Ordinance authorizes the
issuance of an Earthquake Recovery Permit only for In-kind repair
or reconstruction of earthquake damaged structures. Any
application for repair, demolition, or replacement of earthquake
damaged structures involving other than in-kind repair or
reconstruction shall be considered an application for New
Construction.
An application for an Earthquake Recovery Permit shall be
processed and evaluated pursuant to the provisions of this
Ordinance. The provisions of this Ordinance shall not apply to
applications for New Construction. An application for New
7
Construction shall be' processed and evaluated under applicable
Municipal Code provisions, including Subchapter 9.04.18 of the
Zoning Ordinance concerning the repair and alteration of
nonconforming building and uses.
SECTION 4. Earthauake Recoverv Permit Development Standards
and Use Restrictions. An Earthquake Recovery Permit authorizes In-
kind repair or reconstruction, subject to the following provisions:
(a) Nonconforminq Buildinqs and structures. . Any legal
nonconforming building or structure otherwise qualifying for an
Earthquake Recovery Permit may be reconstructed to its previous
nonconforming status. Any residential unit created without a
building permit, and registered with the Santa Monica Rent Control
Board (a "bootleg unit"), may be repaired provided the unit meets
minimum habitability standards. Residential Rental Projects which
are reconstructed pursuant to this Ordinance and which contain one
or more bootleg units may count those units in the total number of
units which may be reconstructed provided all reconstructed units
meet the requirements of the Current Technical Codes.
(b) Change in Use. No change in use shall be allowed for a
residential structure. For a non-residential structure, a
nonconforming use may be resumed after repair or reconstruction, or
may be replaced with a conforming use, and a conforming use may be
changed to another conforming use; however, in no circumstance may
the parking requirement for the new use exceed the par.idng
requirement for the pre-earthquake use. Notwithstanding the above,
8
nonconforming office use shall not be replaced with nonconforming
retail use, and nonconforming retail use shall not be replaced with
nonconforming office use.
(c) Size Incentive. A Residential Rental Project qualifying
for an Earthquake Recovery Permit is entitled to a Size Incentive.
A Size Incentive allows a total square footage increase of up to
fifteen percent ( 15% ) over pre -earthquake square footage on the
parcel, and a total height increase of five (5) feet per structure
on the parcel, but does not allow any increase in the number of
dwelling units. A reconstructed building qualifying for a Size
Incentive may have lot coverage or setbacks which vary from those
of the pre-earthquake structure, but no new nonconformity in lot
coverage or setbacks may be created, or any existing nonconformity
in lot coverage or setbacks be increased. Notwi thstanding the
above, a reconstructed building qualifying for a Size Incentive may
create or increase a nonconformity in lot coverage, if the total
increase in square footage at the ground level does not exceed five
hundred (500) square feet, and the addition does not create or
increase any other nonconformity. A size incentive may not be used
to construct an additional structure or structures on the parcel
which did not exist pre-earthquake.
(d) Parkinq Incentive. A Residential Rental project
qualifying for an Earthquake Recovery Permit which is nonconforming
with respect to parking, may add additional covered parking spaces
provided the additional spaces otherwise comply with current Zoning
Ordinance provisions. The square footage of the additional parking
9
shall not count toward the fifteen percent (15%) square footage
increase allowed under a Size Incentive.
SECTION 5. Affordable Housinq Obliqation. The provisions of
the City's Inclusionary Housing Program, Chapter 9.28 of the
Municipal Code, shall not apply to any project obtaining an
Earthquake Recovery Permit, except as specifically incorporated in
this Section. An affordable housing obligation shall apply to any
Residential Rental project obtaining an Earthquake Recovery Permit
which also requires a removal permit from the Santa Monica Rent
Control Board. The following affordable housing obligation shall
apply:
(a) If the project has an affordable housing obligation
imposed by the Rent Control Board, such obligation shall be deemed
to satisfy the requirements of this section.
(b) If no affordable housing obligation is imposed by the
Rent Control Board, not less than twenty-five percent (25%) of the
total number of dwelling units in the Residential Rental Project
shall be affordable to low and moderate income households. Low and
moderate income levels shall be defined as set forth in Santa
Monica Municipal Code Section 9.28.020.
(c) In determining the number of affordable units required,
the following chart shall be utilized:
No. of Units
Reconstructed Low Income
Moderate Incom.e
2 0
1
3 0
1
10
4 0 1
5 0 1
6 1 1
7 1 1
8 1 1
9 1 1
10 1 2
11 1 2
12 1 2
13 1 2
14 2 2
15 2 2
16 2 2
17 2 2
18 2 3
19 2 3
20 2 3
For more than twenty (20) units, the number of affordable
units required shall equal twenty-five percent (25%) of the number
of units built; any decimal fraction of 0.5 or more rounded up to
the nearest whole number, and any decimal fraction of less than 0.5
rounded down to the nearest whole number. The first affordable
unit required may be affordable to low or moderate income
households, and alternating thereafter.
11
(d) Affordable units may have reduced size or amenities as
long as there are no significant identifiable differences between
the affordable units and market rate units visible from the
exterior of the dwelling units, and the size of each of ':he
affordable units is equal to average market unit size, or satis.. ies
the following minimum total floor area, whichever is smaller:
0 bedroom 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1080 square feet
4 bedrooms 1200 square feet.
(e) The mix of bedroom sizes of affordable units shall be
substantially similar to the mix of bedroom sizes of the market
rate units in the project.
(f) Affordable units shall also comply with the requirements
for inclusionary units set forth in Santa Monica Municipal Code
Sections 9.28.060(c), 9.28.100, 9.28.110, 9.28.130, and 9.28.140.
SECTION 6. Earthquake Recovery Permit Application. To
request an Earthquake Recovery Permit, the applicant must submit a
complete application on a form provided by the Planning and zoning
Division in addition to any other material, reports, dimensioned
plans, or other information required to take action on the
application. Each application shall also include:
(a) Two estimates of the cost of repair or reconstruction
from properly licensed contractors. The estimates must contain
12
sufficient detail to ascertain the scope of the proposed work and
include the contractor's profit, overhead and insurance cost.
(b) For structures that have been posted with either a no
entry notice (Red-tagged) or limited entry notice (Yellow-tagged),
a written structural analysis of the structure prepared by a
licensed engineer in accordance with the standards provided by the
Building and Safety Division.
(c) Two sources of documentation of the pre-earthquake
condition of the property or structure sufficient to enable the
city to determine whether the project involves in-kind repair or
reconstruction. Documentation may include: approved building
permi ts; approved construction drawings; surveys from licensed
surveyors; county assessor information; certified property
appraisals; Sanborn maps; reports or drawings prepared by an
insurance company to support damage claims; photographs; city
planning records; or any other verifiable information.
SECTION 7. Review process. Each application for an
Earthquake Recovery Permit shall require plan check approval as the
final review prior to issuance of the Earthquake Recovery Permit.
In addition, the following procedures shall apply:
(a) Where the cost of repair is less than fifty percent (50%)
of the replacement value of the structure, or where less than fifty
percent (50%) of the exterior walls are removed to the foundation
(regardless of cost of repair), the fOllowing review or reviews
will be required:
13
(1) If there is not a significant design change from the
original design, plan check only.
(2) If the project includes a Size Incentive,
Administrative Approval ("AA") is required.
(3) If there is a significant design change,
Architectural Review Board ("ARB") review is required. Single
family homes are not subject to ARB review pursuant to this
subsection unless the structure is also landmark eligible.
If an application requires both AA and ARB review, AA review
shall precede ARB review.
(b) Where the cost of repair equals or exceeds fifty percent
(50%) of the replacement value of the structure, and fifty percent
(50%) or more of the exterior walls are removed to the foundation,
but the development on the parcel is below the development review
threshold for the district in which it is located, ARB review shall
be required. If the project includes a Size Incentive, AA Review
shall also be required prior to ARB review.
(c) Where the cost of repair equals or exceeds fifty percent
(50%) of the replacement value and fifty percent (50%) or more of
the exterior walls are removed to the foundation, and the
development on the parcel is above the development review threshold
for the district in which it is located, Planning commission review
is required prior to plan check. ARB review shall not be required
for any project requiring Planning Commission review.
(d) Hearinqs and Notice. Review by the ARB or Planning
Commission shall require a public hearing, to be noticed and
14
conducted substantially in compliance with the provisions of
Section 9.32.180 of the Municipal Code for ARB hearings, and Part
9.04.20.22 of the Zoning Ordinance for Planning commission
hearings. For Planning Commission hearings, notice shall be given
to all owners and residential and commercial tenants of property
within a radius of 300 feet from the exterior boundaries of the
property involved in the application.
(e) Issuance of Buildinq Permit. A building permit shall be
issued only after the application has received all approvals
required under this section, and after approval is granted from the
California Coastal Commission if required. A project may apply for
an Earthquake Recovery Permit before obtaining a removal permit or
determination that a removal permit is not required from the Rent
Control Board. A building permit shall not issue, however, until
such removal permit or determination is granted.
(f) Demolition Permit. Projects receiving a Earthquake
Recovery Permit pursuant to this Ordinance shall not require a
separate demolition permit. Demolition may occur at any time after
the building permit is granted, and while the building permit is
still valid. Demolition other than pursuant to an Earthquake
Recovery Permit shall require a demolition permit pursuant to
applicable Municipal Code provisions unless the demolition was
ordered by the City's Nuisance Abatement Board.
(g) Appeals. Action of the ARB and Planning Commission shall
be appealable pursuant to the provisions of section 9.32.160 of the
Municipal Code and Part 9.04.24 of the Zoning ordinance, except
15
that the appeal of any ruling of the ARB or Planning Commission
must be made within five (5) days of the date that such ruling is
made.
SECTION 8. Standards for Review. The following standards
shall govern the review of an application for an Earthquake
Recovery Permit:
(a) AA Review. AA approval shall be granted if the project
plans reflect in-kind repair or reconstruction, and any additional
square footage, height or FAR complies with the Size Incentive
requirements of this Ordinance.
(b) ARB Review. The ARB, or Planning Commission on appeal,
shall grant approval if both of the following findings can be made:
(1) The structure's architectural design is
substantially similar to the. pre-earthquake design; or, if a
significant design change is involved, the structure's
architectural design is compatible with the general area in which
it is located.
(2) If the structure is landmark eligible, the repair
will not compromise the architectural or historical integrity of
the structure or potential district; or, if reconstruction is
involved, based upon an estimate from a professional experienced in
rehabilitation of historic structures, it is not economically
feasible to repair the structure.
16
(c) Planninq commission Review. The Planning commission, or
City Council on appeal, shall grant approval if both of the
following findings can be made:
(1) The structure's architectural design is
substantially similar to the pre-earthquake design; or, if a
significant design change is involved, the structure's
architectural design is compatible with the general area in which
it is located.
(2) If the structure is landmark eligible, the repair
will not compromise the architectural or historical integrity of
the structure or potential district; or, if reconstruction is
involved, based upon an estimate from a professional experienced in
rehabili tation of historic structures, it is not economically
feasible to repair the structure.
(d) Plan Check. Plan check review will be limited to the
issue of whether the project complies with the requirements of this
Ordinance.
(e) Conditions of Approval. In granting approval of an
Earthquake Recovery Permit, the ARB, Planning Commission, or City
council on appeal, may impose only such conditions as may be deemed
necessary to bring the project into compliance with this Ordinance,
or as necessary to enable the required findings for approval to be
made.
SECTION 9. Duration of Permit. The rights granted by an
Earthquake Recovery Permit shall expire if abuilding permit is not
17
issued within two (2) years of the effective date of this
Ordinance, or if the building permit expires. No extensions of an
Earthquake Recovery Permit shall be granted. After expiration of
an Earthquake Recovery Permit, any subsequent application shall be
considered an application for New Construction.
SECTION 10. Composition of ARB. For purposes of ARB review of
an application for an Earthquake Recovery Permit involving a
landmark eligible structure, structure of merit, structure within
a historic district, or structure identified on the City Historic
Resources Inventory, Volumes 1, 2, and 3 as of January 17, 1994,
two (2) members of the Landmarks Commission, appointed by that
body, shall serve as additional voting members of the Architectural
Review Board. Five (5) affirmative votes shall be required for
approval.
SECTION 11. Buildinq standard Compliance. The following
building standards govern any work performed pursuant to an
Earthquake Recovery Permit:
(a) When the cost of repair does not exceed ten percent (10%)
of the replacement value of the structure, only the damaged portion
of the structure may be restored to the pre-earthquake condition
without complying with Current Technical Codes. Notwithstanding
the above, when the repair includes repair to suspended ceiling
systems, the repair must comply with Current Technical Codes.
18
(b) When the cost of repair is greater than ten percent (10%)
but less than fifty percent (50%) of the replacement value of the
structure, the damaged elements, as well as the essential ties and
support elements associated with the damaged elements, shall be
brought into conformance with the structural requirements of the
Current Technical Codes.
(c) When the cost of repair equals or exceeds fifty percent
(50%) of the replacement value of the structure, the entire
structure shall be brought into conformance with the Current
Technical Codes.
(d) Landmark eligible buildings shall comply with subsections
(a) through (c) above; however, an owner may request a modification
of the above standards which shall be granted so long as the
requested modification is consistent with Part 8, Title 24,
California Code of Regulations, the state of California Historical
Building Code.
(e) Notwithstanding (a) (c) above, the provisions of
Ordinance Number 1729(CCS) concerning repair and reconstruction
criteria for unreinforced chimneys and walls over 42 inches in
height shall apply to any project obtaining an Earthquake Recovery
Permit.
(f) The standards of this section shall constitute minimum
standards. Nothing in this Section 11 shall be construed to
prohibit an owner from repairing or reconstructing a structure to
a higher standard than set forth in this section.
19
(g) When compliance with this section 11 requires
modification to pre-earthquake square footage, height, setbacks, or
other pre-earthquake conditions, such modification shall be deemed
to be "in-kind" only if it is the sole means by which compliance
with this Section can be achieved.
SECTION 12. Compliance With other Laws. Except as otherwise
specifically provided in this ordinance, projects obtaining an
Earthquake Recovery Permit shall not be required to comply with the
following provisions of the Santa Monica Municipal Code:
(a) Chapter 7.10 concerning Urban Runoff Pollution;
(b) Chapter 9.04 concerning Zoning Regulations;
(c) Chapter 9.28 concerning Inclusionary Housing;
(d) Chapter 9.32 concerning Architectural Review;
( e) Chapter 9. 36 concerning Landmarks and Historic Districts;
and
(f) Chapter 9.40 concerning the Third street Neighborhood
Historic District standards.
Except as specifically exempted in this Section, projects
obtaining an Earthquake Recovery Permit shall comply with the
Municipal Code and all other applicable laws and regulations. For
purposes of Chapter 9.52, the Santa Monica Sign Ordinance,
nonconforming signs removed during work performed pursuant to an
Earthquake Recovery Permit shall not be replaced, or. shall be
modified to conform to the requirements of the Sign Ordinance.
20
SECTION 13. Riqht. of Displaced Tenant to Reoccupy Residential
Housing Unit. A tenant displaced from a residential housing unit
in an earthquake damaged structure shall be entitled to reoccupy
the unit in accordance with the following provisions:
(a) Any owner who reconstructs a residential housing unit
pursuant to an Earthquake Recovery Permit shall first offer the
reconstructed unit for rent or lease to any tenant who has been
displaced from the unit due to the need to undertake the
reconstruction. This requirement shall apply only if the tenant
within thirty (30) days of the displacement or the adoption of this
Ordinance, whichever is later, has provided the owner with written
notice of his or her desire to consider an offer to renew the
tenancy and has furnished the owner with an address to which that
offer is to be directed. That tenant may advise the owner at any
time during the displacement period of a change of address to which
an offer is to be directed.
(b) Within fifteen (15) days after final City sign-off on the
building permit authorizing the reconstruction, the owner shall
submit a good faith offer to renew a rental agreement or lease on
terms permitted by law to any displaced tenant who has complied
with the requirements of subdivision (a) of this Section. The
owner shall also inform the tenant of the expected date that the
unit will be available.
(c) This offer shall be deposited in the united States mail,
by registered or certified first class mail with postage prepaid,
addressed to the displaced tenant at the address furnished to the
21
owner as provided in this Section and shall describe the terms of
the offer. The displaced tenant shall have thirty (30) days from
the deposit of the offer in the mail to accept the offer by
personal delivery of that acceptance or by deposit of the
acceptance in the United States mail by registered or certified
first class mail with postage prepaid.
(d) The city shall make available official forms to tenants
entitled "Notice of Desire to Renew Tenancy" and "Notice of Change
of Address" which may be utilized by tenants to meet the requisite
notice requirements of this Section.
(e) Within five (5) days after final city sign-off on the
building permit authorizing the repair of an earthquake damaged
structure, any owner who was required to recover possession of a
residential housing unit due to the need to undertake the repairs
shall notify the displaced tenant that the unit is ready for
reoccupancy. Any tenant who has been displaced from such a unit
for a period exceeding fourteen (14) days shall have fourteen (14)
days from the receipt of the owner's notice to reoccupy the unit
and recommence rent payments. . Prior to displacement or within
thirty (30) days after adoption of this ordinance, whichever is
later, the owner shall obtain an address to which the tenant
notification is to be directed. An owner shall be relieved of the
obligations specified in this subsection onlY if the tenant has
terminated his or her tenancy during the displacement period.
(f) A copy of any notice required to be provided to an owner
or a displaced tenant under this section shall be provided to the
22
Santa Monica Rent Control Board within two (2) business days after
it is provided to the owner or displaced tenant.
(g) No owner or agent of the owner shall rent a residential
housing unit in an earthquake damaged structure to a new tenant
unless the owner has complied with the terms of this section or is
otherwise excused from complying with this section.
(h) Any displaced tenant may prosecute a civil action to
enforce this section. The relief available to the tenant in such
an action shall include money damages, equitable relief, and
reasonable attorneys' fees.
(i) The right of a displaced tenant to reoccupy a residential
housing unit as established in this section is in addition to any
right to reoccupancy that may otherwise be authorized by law or
contract.
(j) Notwi thstanding any provision of section 5 of this
Ordinance to the contrary, a displaced tenant may have priority for
the rental of affordable housing units. This priority will be
established by administrati ve regulation to be adopted by the
City's Housing and Redevelopment Division.
SECTION 14. Construction Hours and Construction Rate Proqram.
Construction hours for all construction, whether pursuant to an
Earthquake Recovery Permit or otherwise, shall be 7:30 a.m. to 7
p.m. Monday through Friday, and 9 a.m. through 6 p.m. on saturday.
The provisions of the North of Wilshire Construction Rate Program
23
shall not apply. The provisions of this section 14 shall no longer
be effective two years from the effective date of this Ordinance.
SECTION 15. California Environmental Quality Act ("CEQA")
Exemption. Notwithstanding existing City CEQAGuidelines, pursuant
to Section 15269 of the State CEQA Guidelines and the State of
Emergency declared by the Governor of California, projects
undertaken pursuant to an Earthquake Recovery Permit shall be
considered categorically exempt from the requirements of CEQA.
SECTION 16. Fee Waivers. The City council authorizes the
City Manager or his or her designee to waive payment of any permit
processing fees or such other applicable fees as may otherwise be
necessary for the repair and reconstruction of earthquake damaged
buildings or structures, if the City Manager in his or her sole
discretion deems such waiver appropriate to facilitate the speedy
repair or reconstruction of any building or other structure damaged
by the January 17, 1994 earthquake or its aftershocks.
SECTION 17. Ordinance Numbers 1720 (CCS) ,
1725(CCS), and 1730(CCS) are hereby repealed.
1722(CCS),
SECTION 18. Any provision or provisions of the Santa Monica
Municipal Code or appendices thereto, inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies
24
and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 19. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public health, safety, or welfare as set forth in the Findings and
Purpose section of this Ordinance.
SECTION 20. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of all
remaining portions of this Ordinance. The City Council hereby
declares that it would not have passed this Ordinance if any
portion, section, subsection, sentence, clause, or phrase would
subsequently be declared invalid or unconstitutional.
25
SECTION 21. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall be
effective upon its adoption.
APPROVED AS TO FORM:
26
Adopted and approved this 19th day of April, 1994.
~,~
Ma or
I hereby certify that the foregoing Ordinance No. 1736 (CCS) was duly and regularly
adopted at a meeting of the City Council on the 19th day of April, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Rosenstein,
Vazquez
Noes:
Councilmembers:
Olsen
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
1~.t:A~
City Clerk