O1755
CA:f\atty\muni\laws\mhs\eqreca5
city Council Meeting 7-26-94
Santa Monica, California
ORDINANCE NUMBER 1755 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
THE EARTHQUAKE RECOVERY ACT CONCERNING ELLIS
ACT WITHDRAWN PROPERTIES AND THE REOCCUPANCY
RIGHTS OF DISPLACED TENANTS
WHEREAS, on April 19, 1994 the city Council adopted
Ordinance Number 1736 (CCS) ,
the Earthquake Recovery Act,
establishing procedures and standards for repair and reconstruction
of earthquake damaged structures; and
WHEREAS, it is necessary to amend the Earthquake Recovery
Act to clarify its application to residential projects which have
removed units from the residential rental market pursuant to the
Ellis Act; and
WHEREAS, it is also necessary to amend the Earthquake
Recovery Act to revise the timing requirements for tenants to
notify owners of their desire to reoccupy their unit after
reconstruction or repair and to clarify the application of certain
other provisions governing the reoccupancy rights of displaced
tenants;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 2 of Ordinance Number 1736 (CCS), the
Earthquake Recovery Act is amended to read as follows:
SECTION 2. Definitions. Words used in this
Ordinance shall be defined as provided in this section.
Words not specifically 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) Chanqe of Use. For residential structures, a
change to non-residential use, a change from apartments
to condominiums, or withdrawal from the rental housing
market pursuant to the Ellis Act after the January 17,
1994 Northridge earthquake; for non-residential
structures, any use wi th 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.
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(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) Earthauake Damaged 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) Earthquay.e Recovery Permit. A parmi t to
repair, or remove and reconstruct, earthquake damaged
structures or portions of earthquake damaged structures,
issued pursuant to this Ordinance.
(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 (al though 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;
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(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;
(3) Designated as a City Landmar~;
(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 ~art of
a district or (b) eligible for designation as a City
Landmark.
(i)
New Construction.
For non-residential
structures, any construction ~hich is not in-kind; for
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residential structures, any construction which, excluding
any Size Incentive allowed by this ordinance, is not in-
kind.
(j) Pre-earthauake. The
immediately pr ior to the January
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.
conditions existing
17, 1994 Northridge
(l) 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 Project. 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 final City
approval shall not be considered a Residential Rental
Project.
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(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 2. section 50f Ordinance Number 1736 (CCS) , the
Earthquake Recovery Act is amended to read as follows:
SECTION 5. Affordable Housing Obligation. The
provisions of the City's Inclusionary Housing Program,
Chapter 9.28 of the Municipal Code, shall not apply to
any proj ect 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 obligations shall apply:
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(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 Income
2 0 1
3 0 1
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
7
14
15
16
17
18
19
20
2
2
2
2
2
2
2
2
2
2
2
3
3
3
For more than twenty (20) uni ts, 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.
(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 the affordable
units is equal to average market unit size, or satisfies
the following minimum total floor area, whichever is
smaller:
8
o 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.
(g) Applicabilitv of this section to Properties
withdrawn Pursuant to the Ellis Act. Any project
involving a parcel containing two or more dwelling units
which, at the time of the January 17, 1994 Northridge
earthquake, had been withdrawn from the rental market
pursuant to the Ellis Act and which otherwise qualifies
for and obtains an Earthquake Recovery Permit shall
comply with the 25% affordable housing obligation of this
Section 5 should any of the units be rented after repair
or reconstruction.
SECTION 3. Section 10 of Ordinance Number 1736 (CCS), the
Earthquake Recovery Act is amended to read as follows:
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SECTION 10. Riqht of Displaced Tenant to Reoccupy
Residential Housinq 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
offer shall be made in the manner established by
subdivisions (b) and (c) of this section and shall only
be required if the tenant has previously provided the
owner with written notice indicating his or her desire
to renew or reestablish the tenancy and providing an
address to which the owner should mail the offer. That
tenant should advise the owner at any time during the
displacement period of a change of address to which the
offer should be sent.
(b) Within fifteen (15) days after final City sign-
off on the building permit authorizing the
reconstruction, the owner shall submit a good fai_th 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
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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 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) within five (5) days after final City sign-off
on the building permit authorizing the repair of an
earthquake damaged structure, any owner who recovered
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. This
notification shall be made in the manner established by
subdivision (e) of this section and shall only be
required if the displaced tenant has previously provided
the owner with written notice indicating his or her
desire to reoccupy the unit and providing an address to
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which the owner should notify the tenant that the unit is
available for reoccupancy. That tenant should advise the
owner at any time during the displacement period of a
change of address to which the notification should be
sent.
(e) The notification to a displaced tenant that
his/her unit is ready for reoccupancy as required by
subdivision (d) of this Section shall be deposited in the
united States mail, by registered or certified first
class mail with vostage prepaid, addressed to the
displaced tenant at the address furnished to the owner
and shall state the current maximum allowable rent for
the unit.
(f) The City shall make available official forms to
tenants entitled "Notice of Desire to Renew Tenancy or
Reoccupy unit" and "Notice of Change of Address" which
may be utilized by tenants to meet the notice
requirements of subdivisions (a) and (d) of this section.
(g) A copy of any notice required to be provided to
an owner or a displaced tenant under this section shall
be provided to the Santa Monica Rent Control Board wi thin
five (5) business days after it is provided to the owner
or displaced tenant.
(h) 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
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with the terms of this section or is otherwise excused
from complying with this section.
(i) 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.
(j) The right of a displaced tenant to renew a
tenancy or reoccupy a residential housing unit as
established in this section is in addition to any right
to reoccupancy or renewal that may otherwise be
authorized by law or contract.
(k) Notwithstanding 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 administrative
regulation to be adopted by the City' 5 Housing and
Redevelopment Division.
SECTION 4. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
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unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6. 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
wi thin 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 26th day of July, 1994.
Mayor C}t tS ~
I hereby certify that the foregoing Ordinance No. 1755 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 26th day of July, 1994; . by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen,
Rosenstein, Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
4fier(O~