O1823
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CA:f\atty\muni\laws\mhs\eqrech3
city Council Meeting 10-17-95
Santa Monica, California
ORDINANCE NUMBER 1823 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND REENACTING
THE EARTHQUAKE RECOVERY ACT
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, on July 26, 1994, August 9, 1994, and April 11, 1995
the city council adopted Ordinance Nos. 1755(CCS), 1764(CCS), and
1796(CCS) adding and amending particular sections of the Earthquake
Recovery Act; and
WHEREAS, it is necessary to amend the Earthquake Recovery Act
to allow greater flexibility in changing nonresidential uses to
residential uses under certain circumstances for the reconstruction
of earthquake damaged buildings; and
WHEREAS, for clarity, ease of administration, and public
convenience, it is desirable to reenact the Earthquake Recovery Act
in its entirety to reflect previous and current amendments;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findinqs 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 unrepaired buildings, and economic
hardships will result from the delay in reconstruction.
(b) Many of the buildings which were damaged are
currently nonconforming wi th respect to densi ty,
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.
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(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 until
April 19, 1997. 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
project. 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
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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
defined in this Ordinance shall be defined as set forth in the
Zoning Ordinance.
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(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) Chanoe 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 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) Earthauake Recovery permi t . A permit to
repair, or remove and reconstruct, earthquake damaged
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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 (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
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(8) There is no change in use except as
specifically allowed by this Ordinance.
(h) Landmark eliqible. 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 Landmark;
( 4) Identif ied 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
immediately prior to the January 17, 1994 Northridge
earthquake.
(k) Reconstruction. The in-kind restoration or
rebuilding of an earthquake damaged structure in which
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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 final City
approval shall not be considered a Residential Rental
Project.
(0) Sianificant 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
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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. Appl icabi 1 i ty . This Ordinance author iz es 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 except as provided in Section
4(f). An application for New 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. Earthquake Recovery Permit Development Standards
and Use Restrictions. An Earthquake Recovery Permit authorizes In-
kind repair or reconstruction, subject to the following provisions:
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(a) Nonconforminq Buildinqs and structures. Any
legal nonconforming building or structure otherwise
qualifying for an Earthquake Recovery permi t 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 unittl), 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) Chanoe 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 parking requirement for the pre-earthquake
use. Notwithstanding the above, nonconforming office use
shall not be replaced with nonconforming retail use, and
nonconforming retail use shall not be replaced with
nonconforming office use.
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Notwithstanding the provisions of Section
2(g)(2), a nonconforming nonresidential use in a
residential district may be changed to a residential use,
provided all other provisions of this Ordinance are met,
and provided the following criteria are met:
1. The number of dwelling units provided
in the project does not exceed the number of
dwelling units authorized for new construction
in the zoning district in which the project is
located;
2. The Planning Commission, or city
council on appeal approves such change of use
based upon the findings contained in section
8(c) of this Ordinance;
3. The project complies with either the
affordable housing obligations of section 5 of
this Ordinance or, at the applicant's option,
the provisions of Municipal Code Chapter 9.28,
the City's Inclusionary Housing Program.
4. If a condominium project, a tentative
parcel map or tract map is processed and
approved concurrently with the Earthquake
Recovery Permit.
(e) Size Incentive. A Residential Rental Project
qualifying for an Earthquake Recovery Permit is entitled
to a Size Incentive. A size Incentive allows a total
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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. Notwithstanding the above, a
reconstructed building qualifying for a Size Incentive
may create or increase a nonconformity in lot coverage or
FAR, 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. In mixed-use
projects, the size incentive may be used only for the
residential portion.
(d) parkina 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
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shall not count toward the fifteen percent (15%) square
footage increase allowed under a Size Incentive.
(e) Heiaht Modifications. Notwithstanding Section
2(g) (3) of this Ordinance, the height of a reconstructed
commercial structure may be increased above the pre-
earthquake height subject to the following conditions:
(1) The structure is located in a commercial
district;
(2) The structure is not adjacent to, or
separated by an alley from any residential use;
(3) The pre-earthquake structure was varied in
height;
(4) The height of the reconstructed structure
does not exceed the maximum height of the highest portion
of the pre-earthquake structure, or the maximum height
permitted in the zoning district, whichever is less.
(f) Sinqle family home reconstruction and new
construction.
(1) Notwi thstanding the provisions of section
2(g) (4) and 2(g)(6) of this Ordinance, a reconstructed
single family home may have greater lot coverage or
decreased setbacks from those existing pre-earthquake,
provided no pre-earthquake nonconformity is increased or
new nonconformity created, and the structure otherwise
complies with all other provisions of this Ordinance.
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(2) Notwi thstanding Municipal Code Section
9.04.20.10.030(d), a project involving new construction
of an earthquake damaged single family home may apply for
a variance to be processed pursuant to Part 9.04.20.10 of
the Municipal Code in order to retain pre-earthquake
nonconforming setbacks, if the portion of the structure
which creates the nonconformity is retained rather than
demolished as part of the new construction.
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 obtains a removal permit from the Santa Monica Rent
Control Board. The following affordable housing obligations 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, in exchange for the
modification of development standards and waiver of fees
authorized by this Ordinance, not less than twenty-five
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percent (25%) of the total number of dwelling units in
the Residential Rental proj ect 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.
(e) 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
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 O. 5 rounded down to
the nearest whole number.
The first affordable unit
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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 signif icant
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:
o bedroom
1 bedroom
2 bedrooms
3 bedrooms
4 bedrooms
500 square feet
600 square feet
850 square feet
1080 square feet
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) Applicability of this section to Properties
Wi thdrawn Pursuant to the Ellis Act. Any proj ect
involving a parcel containing two or more dwelling units
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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 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 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.
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(e) 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 permits;
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:
(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.
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(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 proj ect 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.
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(d) Hearinqs and Notice. Review by the ARB or
Planning Commission shall require a public hearing, to be
noticed and 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 wi thin
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 proj ect may apply for an
Earthquake Recovery Permit before obtaining a removal
permi t 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
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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.
(9) 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 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
review of an application for an Earthquake
shall govern the
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
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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.
(e) Planning Commission Review. The Planning
Commission, or City council on appeal, shall grant
approval if all 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) The plan for the proposed building or
structure is expressive of good taste, good design, and
in general contributes to the image of Santa Monica as a
place of beauty, creativity and individuality.
(3) The proposed building or structure is not
of inferior quality such as to cause the nature of the
local neighborhood or environment to materially
depreciate in appearance and value.
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(4) 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.
(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 a building permit is not
issued by April 19, 1997, 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.
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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. Planning Commission Review. For purposes of
Planning commission review of an application for an Earthquake
Recovery Permit, one (1) member of the Architectural Review Board,
appointed by that body, shall sit with the Planning commission and
may vote on that permit. Five (5) affirmative votes shall be
required for approval.
SECTION 12. Buildinq Standard Compliance.
building standards govern any work performed
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 following
pursuant to an
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the repair includes repair to suspended ceiling systems,
the repair must comply with Current Technical Codes.
(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 modif ication 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.
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(f) The standards of this Section shall constitute
minimum standards. Nothing in this Section 12 shall be
construed to prohibit an owner from repairing or
reconstructing a structure to a higher standard than set
forth in this section.
(g) When compliance with this section 12 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 13. 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
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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.
SECTION 14. Right 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
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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 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
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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
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 postage 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 IINotice 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
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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
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's Housing and
Redevelopment Division.
SECTION 15. 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
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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
shall not apply. The provisions of this Section 15 shall no longer
be effective after April 19, 1996.
SECTION 16. certificate of Economic Hardship. An application
for a certificate of Economic Hardship for any Landmark, or
building or structure within a Historic District, which is filed in
connection with an application for a demolition permit for a
structure which has been posted with a no-entry (red-tagged) or
limited entry (yellow-tagged) notice as a result of damage caused
by the January 17, 1994 Northridge Earthquake or its aftershocks
("Earthquake") shall be subject to the provisions of Chapter 9.36
of the Municipal Code, except as amended below:
(a) Timelines.
(1) Any application filed pursuant to section
9.36.170 shall be deemed complete or incomplete within
seven (7) working days after the Planning Division
receives a substantially complete application together
with all information, plans, specifications, statements
of work, and any other materials and documents required
by the application form supplied by the city.
(2) The public hearing required by Section
9.36.170(c) shall be held within forty-five (45) days of
the date on which an application for a certificate of
Economic Hardship was deemed complete.
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(3) The notice of public hearing required by
section 9.36.170{c) shall be given not less than seven
(7) days before the date scheduled for the hearing.
( 4) The time in which the Commission must
render a decision on the application pursuant to Section
9.36.170(d) shall be not later than sixty (60) days after
the application was deemed complete.
(5) Any notice of appeal filed pursuant to
section 9.36.180(b) concerning Commission determination
on an application for a certificate of Economic Hardship
must be filed within five (5) working days of the date
that such determination was made or deemed approved or
disapproved.
(6) The hearing required by section
9.36.180(c) shall be held within thirty (30) days after
the notice of appeal is properly filed with the Director
of Planning and the city Clerk.
(7) The notice of public hearing required by
Section 9.36.180(d) shall be given not less than seven
(7) days before the date scheduled for the hearing.
(8) The investigation, recommendation, and
other actions required by section 9.36.160(d) shall not
cause a delay in the application, but shall be completed
within the time specified in subsection (a) (4) above.
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(9) The time periods specified in subsections
(a) (1) through (a) (8) above may be extended upon mutual
agreement of the Commission and applicant.
(b) Evidence on Aooeal. Except for additional
evidence or testimony specif ically requested by the City
council, the City Council on appeal shall rely on the
evidence presented to the Landmarks Commission.
Additional evidence may be submitted to the City Council
only if such evidence could not feasibly have been
presented to the Landmarks Commission. Nothing in this
Section is intended to affect the ability of the public
to testify at the public hearing on the appeal, or to
prevent the submittal of rebuttal testimony the necessity
of which would not have been evident prior to the
Landmarks Commission hearing.
SECTION 17. California Environmental Quality Act ("CEOA")
Exemption . Notwithstanding existing City CEQA Guidelines, 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 18. 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
33
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necessary for the repair and reconstruction of earthquake damaged
buildings or structures, if the City Manager 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, and if the City Manager finds such
waiver to be consistent with the financial responsibilities of the
City.
SECTION 19. Ordinance Numbers 1720(CCS), 1722(CCS),
1725(CCS), 1730(CCS), 1736(CCS), 1755(CCS), 1764(CCS), and
1796(CCS) are hereby repealed.
SECTION 20. 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
and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 21. 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.
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SECTION 22. 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 30 days from its adoption.
APPROVED AS TO FORM:
~~ U~;J h([\{fu{
MARSHA JONES M UTRIE
City Attorney'
35
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tJ~
Mayor
State of CalIforma )
County of Los Angeles) ss
CIty of Santa Moruca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa Moruca, do hereby certIfy that the foregomg
Ordmance No 1823 (CCS) had Its ftrst readmg on October 10. 1995 and had Its second readmg
on October 17. 1995 and was passed by the followmg vote
Ayes
Councd members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
COUlled members
None
Abstam
COUllell members
None
Absent
Counell members
None
'---
A IIEST
~~
CIty Clerk
PROOF OF PUBLiCAtiON
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entltled matter. I
am the principal derk of the printer of the
...~..a.....................W..~......"".'.".""
THE OUTLOOK
.........,~~......................,.................
a newspaper of general circulation, printed
and published :.Q.~,.I.ltXJH~~t:.I?^.~J!n}?AX. f
In the City of . Mtl.T h. ,.'9 NJ{:;^. . . .. . .. .. . . r
County of Los Angeles, and which 1
newspaper has been adjudged a newspaper
of general Circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of.1~~ .~~ 19 .~~.,
Case Number ..~.l~.~J.!!.....; that the notice,
of which the annexed Is a printed copy (set
in type not smaller than nonpareil), has
been publ ished in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to.wit:
OCT 28
...~...~~....~~,..~.,.~....~....&...............I'"
95
all In the year 19......
I certify (or declare) under penalty of
perlury that the foregoing is true and
correct.
Dated at... ~~.~.r.~. ~~.9.~.Ir;.~... . ... .. . .......
· th"..:~.~.......~a~lk'" ~~.'~.~'.'
Signature ~
fIIr.. COPll$Oftl\l1 b..nlt form may 1M ,L~ from
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertiSing Cleartng House
POBox 31
Los Angeles CA 90053 Telepnone 625.254l
PlUSII rllOUlls1 GENERAL. Proot lit Putllit.tlOIl I
wilen orderlna this form
Calif
This space is for the co. Clerk's Filing Stamp
Proof of Publ ication of
............. ...6......~.................................
EO 10..156
City of Suua Manu:a
Ordmance Number 1823 (CCS)
CClty Council Benes)
AN ORDINANCE 011' THE CITY' COUNCn. OF TIlE (;ur
OF SANTA MONICA AMENDING AND Jl~'''dWG THE
EARTHQUAKE RECOVERY ACr
The folloWUlg lS a summary of Ordmanee Number 1828 CCCS) prepared by the
Oft'ice of th& Clty Attorney
Ordinance Number 1823 (CCS) (the "Ordmance") reenactll the CIty'S Earlhquake
Recovery }.ct (Ordinance Number 1736 (ecs) (the ~M") and amends It In the follow-
mg Wayll
(1) Secbon 1(e) of the Act III amended to provIde that all pnmllOl:IlI of the Act, WIth
the exception of the modIfied const:uctlon prov1II1OJl8, UJI1l'& on Apnl19, 1997, a one
year extell8lDn.. The modtfied oonatruction pl'Ovwons conta!Jlecl In Sectton 15 oC the
Act will espll'Bll on Apnl 19, 1996
(2) Sectlon 4(b) of the Act I.lI amended to provu:l.e that notwlthstandmg the proVl-
810ns of Sect10n 2(g)(2), a nonconfornung nonres1dentlal use In a remdent1al durtnct
may be changed to a residential use, proVided aU other provuilons of the Act are me I ,
and proVlded that the followt~ cnterla are met. (1) the number of dwelling umts
proVided III the pl'OJect doe" not exceed tbe number of dwelling umts authonzed Cor
new rolllltructJ.on In the ZOning distnct In which the proJect IS located, '(2} the Plan-
nIng ComtnlllSlon, or Clty Counctl on appeal, approves Buch cbanp of use hued upon
the findmgs contallled In Sectlon 6{c) of the Act, (3) the proJect comphes 'iVlth eltber
the affordable hOl1elng obh~ollll of Becbon 5 of the Act or, ai the apphcant's optlon,
the proVIIIIOns of MUDlClplll Code Chapter 9 28, the CIty', Inclwllon8ry Howllng Pro-
gram, and (.4) If a COndol1lllllWD prq)ect, a teDtatlve parcel map or tract map III pro-
ceaeed and approved concurrently Wlth the Earthquake Recowry Pemnt
(3) SectlOD 5 of the Act III amended to clan(y the te1atwnslup between the afford-
able housmg obhgatLon and the benefits afforded the developer under the Act Subeec-
tlDn (b) now pl'llVldea tha.t if lID s!fordable OOulllng obligatiOn ill impoeed by the Rent
CoIlP"ol Board, 1n exebange for the mod1fIeatlDn of developm4lllt BtandaFds and W81ver
offee8 authonzed by the Act, not IBSII tban 25% of the total number of dwelling units
m.$8 Resldenttal Rental Project shall be affordable to low and moderate Income
houeholds
(4) SectJon 9 of the Act UI amended to provtde that the nghts granted by an Earth-
quale Recovery PerMlt WIll expire if a butldmg permlt UI not l118Ued by Apr1l19, 1997
Dr ~ the bulIdmg pemntll explrell
WI SectJ.on 11, formerly enbtled "CompDSltwn of Planmng Conunt8lnDD, ~ hall been
reJUUDed "PJanmng Comtnl88lon Review n
- '1ifl SectJon 18, "Fee W81VBl'8," IS amended to add one further cntena whieh must be
mel before the City Manqer may grant a fee W81VBr under the Act The new conch-
Uol!. Ui that the Clty Manager must find that the fee Wlllver III oonsllltent Wlth the
firuptC18l respoDSlbllitJes of the City
Onhnance Number 1823 (CCS) WBli adopted on October 17, 1995, and shall become
efl9ctIVB 30 days from Its adoption
_ L Mana M Stew1lrt, CIty Clerk, do hereby CllmfY that Ordmmce Number IB2S
(CCS) had lts flnlt readmg on October 10, 1996. and had ltll second readmg on Octo-
per 17, 1995, and WBli pa68ed by the foUowmg vote
Ayes CounCIl members' Ahdo, Ebner. GenaeI', Greenberg, Holbrook,
O'Connor, RoBellllteln
Counetl members None
Councl membeJ'll NOM
CaUDell :r:nembers Nne
N~
'&Illte.m
.AbIlInt
I8iMARIA M. STEWART
City Clerk
'l:hL.full teJ:t of the above Ordmance 18 ava1lBbIe upon reqWl8t from the office of the
elty Clerk, located at 1685 Main Street, Room 102. Santa Mom.e8 phone (310)
458-8211
Pub- October 28, 1995
-- ~