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O1875 CA:f\atty\mun1\laws\mhs\eqrechS City Council Meeting 3-18-97 Santa Monica, Californ1a ORDINANCE NUMBER 1875 (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, April 11, 1995, and October 17, 1995/ the City Council adopted Ordinance Nos. 1755 (CCS) , 1764 (CCS) , 1796 (CCS) , and 1823 (CCS) add1ng and amending particular sections of the Earthquake Recovery Act; and WHEREAS, the Earthquake Recovery Act provides that the rights granted by an Earthquake Recovery Permit expire if a building permit for the project is not obta1ned by April 19, 1997; and WHEREAS, a number of projects will have received, or will have filed a complete application for an Earthquake Recovery Perm1t prior to April 19, 1997 ("Pend1ng Projects"), but will have had 1nsuffic1ent time to obtain a build1ng permit by that date; and WHEREAS, the City Council w1shes to extend the r1ghts granted by an Earthquake Recovery Permit for Pending Projects only; and WHEREAS, extending the rights granted by an Earthquake 1 Recovery Permit for Pending Projects will facilitate recovery from the devastating effects of the earthquake but not unduly prolong the amount of time in which recovery efforts must be undertaken in order to take advantage of the substantial rights granted by the Earthquake Recovery Act, including the right to reconstruct nonconform~ng buildings; and WHEREAS, for clarity, ease of administrat~on, and public convenience, it is desirable to reenact the Earthquake Recovery Act in its entirety to reflect previous and current amendments, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinas and Puroose. The City Council finds and declares: (a) Numerous resident~al 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 bus~nesses, and owners face the task of rebuilding damaged structures. Without a streamlined permit process, families may be left homeless, ne~ghborhoods will continue to eXper~ence 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 nonconform~ng with respect to density, setbacks, height, floor area 2 ratlo, or other code requirements. Under existing zoning ordinance provlsions, if damage to a structure equals or exceeds one-half of replacement costs immediately prior to such damage, the structure must conform to current zonlng upon rebuilding. Adherence to these zoning provisions would significantly delay rebuilding and recovery. (c) In addi t ion, numerous damaged bui ldings 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 rapld rebuilding of residentlal and commercial structures, to malntain the City's existing residentlal 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, a substantlally complete application for which must be filed by April 19, 1997. An Earthquake Recovery Permit will authorize repair and reconstructlon of earthquake damaged structures to their pre-earthquake condition. The Ordinance also establlshes 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 proj ect. This Ordlnance sets property development standards, allowing in-klnd repair or reconstruction of 3 legal nonconforming structures without complying with current zoning requirements. The Ordinance also delineates the building standards applicable to repa1r and reconstruction, which depend upon the magnitude of damage to the structure. The Ordinance establishes reoccupancy rights for displaced residential tenants of buildings requir1ng repair or reconstruct1on. (f) In order to preserve some level of affordability of residential rental units, and at the same time provide an incentive to rebuild, th1S 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 requ1rlng 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, wlth the rema1nder of the units uncontrolled at market rents. SECTION 2. Definitions. Words used 1n this Ordinance shall be defined as provided in thlS Section. Words not spec1flcally defined in this Ordinance shall be defined as set forth 1n the 20n1ng Ordlnance. (a) Affordable Housina Unit. A rental unlt meeting the requ1rements of Section 5 of this Ordinance which is affordable to a household w1th low or moderate income. 4 (b) Chancre 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 earthquakej for non- residential structures, any use with a different parking requirement. (c) Cost of Reoair. 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 Dama~ed Structures. Structures damaged by the Northridge earthquake or its aftershocks for which the cost of repa~r exceeds $1.00 per square foot of building area. (f) Earthauake Recoverv Permit. - - A permit to repair, or remove and reconstruct, earthquake damaged structures or port~ons of earthquake damaged structures, issued pursuant to th~s 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 provis~ons: 5 (1) The square footage of the proposed structure does not exceed the amount which existed in the building pre-earthquakei (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}i (3) The he~ght 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 prov~ded 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-earthquakei (7) Landscaping, trash and recycling enclosures are substantially similar to those existing pre-earthquakei and (8) There ~s no change in use except as specifically allowed by this Ordinance. (h) Landmark eliaible. A structure meeting one or more of the following criteria: (1) Listed on the National Register of H~storic Placesi (2) Listed on the Californ~a Register of Historical Resources; (3) Designated as a City Landmarki (4) Identified ~n the City of Santa Monica H~storic Resources Inventory Volumes I, II, and III, and evaluated as: (a) 6 eligible for the National Register of Historic Places as an individual structure or as part of a dlstrict or (b) eligible for designation as a City Landmark. (i) New Const:ruction. For non-residential structures, any construction which is not In-kindi for residential structures, any construction which, excluding any Slze Incentlve allowed by this Ordlnance, is not in-klnd. (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 more than 50% of the exterior walls are removed to the foundation. (1) Reoair. The in-kind restoration of an earthquake damaged structure in WhlCh no more than fifty percent (50%) of the exterior walls are removed to the foundation. (m) ReDlacement 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) Resldential Rental Project. A parcel containing two or more rental dwelllng units not held in condominium or cooperative ownership. Any project for whlch a TORCA application has recelved final City approval shall not be consldered a Residentlal Rental Project. 7 (0) Siqnificant Desiqn Change. The architectural style of a building, building footprint, or the majority of the exterJ..or building materJ..als 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 unlt pursuant to a rental housing agreement. SECTION 3. Aoolicabilitv. This Ordlnance authorizes the issuance of an Earthquake Recovery Permit only for In-klnd repair or reconstruction of earthquake damaged structures. Any application for repair, demolition, or replacement of earthquake damaged structures lnvolving other than in-klnd 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 provislons of this Ordinance shall not apply to applications for New Construction except as provided ln Section 4(f). An application for New Construction shall be processed and evaluated under applicable Municipal Code provisions, including 8 Subchapter 9.04.18 of the Zoning Ordlnance concerning the repair and alteration of nonconforming buildlng and uses. SECTION 4. Earthquake Recovery Permlt Development Stan~ards and Use Restriction9' An Earthquake Recovery Permlt authorizes In- kind repair or reconstruction, subject to the follow~ng provisions: (a) Nonconformina Buildinas 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. Resldential Rental Projects which are reconstructed pursuant to this Ordinance and which contain one or more bootleg unlts may count those units in the total number of units which may be reconstructed provided all reconstructed unlts 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 conformlng use; however, in no circumstance may the parking requirement for the new use exceed the parking requ~rement for the pre-earthquake use. Notwithstanding the above, nonconforming office use shall not be replaced with nonconforming 9 retail use, and nonconforming retail use shall not be replaced with nonconforming office use. Notwithstanding the provisions of Section 2(g) (2), a nonconform1ng nonresidential use in a residential d1strict 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 1n the project does not exceed the number of dwelling units authorized for new construction in the zoning district in which the proj ect 1S located; (2) The Planning Commission, or City Counc~l on appeal approves such change of use based upon the findlngs contained 1n Section a(c) of this Ordinance; (3) The project complies with either the affordable housing obligat1ons of Section 5 of this Ordinance or, at the applicant's opt1on, the provisions of Municipal Code Chapter 9.28, the Cityrs Inclusionary Hous~ng Program. (4) If a condom1n1um project, a tentative parcel map or tract map is processed and approved concurrently with the Earthquake Recovery Permit. (c) Size Incentive. A Resident1al Rental Project qualifYlng for an Earthquake Recovery Permit is entltled to a Size Incentive A Slze 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 10 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 ex~st~ng nonconformity in lot coverage or setbacks be increased. Not wi thstanding the above, a reconstructed building qualifying for a size Incentive may create or increase a nonconformity in lot coverage or FAR, if the total ~ncrease 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 incent~ve may be used only for the residential portion. (d) parkina Incentive. A Resident~al 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 w~th current Zoning Ordinance prov~sions The square footage of the additional parking shall not count toward the fifteen percent (15%) square footage increase allowed under a Size Incentive. (e) He~crht Mod~ficat~ons. 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 ~n a commercial district; 11 (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 max~mum height permitted in the zon~ng district, whichever is less. (f) Single family home reconstruct~on and new construction. (1) Notwithstanding the provis1ons of Sect10n 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 Ord~nance. (2) Notwithstanding 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 demo11shed as part of the new construction. SECTION 5. Affordable Housing Obligat~on. The provisions of the City r s Inclusionary Hous~ng 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 12 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 obligatlons shall apply: (a) If the proJect has an affordable housing obligation imposed by the Rent Control Board, such obllgation 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 modlflcation of development standards and waiver of fees authorized by this Ordinance, 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 3 0 4 0 5 0 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 1 1 1 1 1 1 1 1 2 2 2 2 13 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 ) uni t s , the number of affordable units required shall equal twenty-five percent (25%) of the number of units builti any dec~mal fract~on 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 ~dentifiable differences between the affordable units and market rate units v~sible from the exterior of the dwelling units, and the size of each of the affordable un~ts is equal to average market unit size, or satisfies 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 substant~ally similar to the mix of bedroom sizes of the market rate units in the project. (f) Affordable units shall also comply w~th the requirements for incluslonary units set forth in Santa Mon~ca Municipal Code Sections 9 28.060(c), 9.28.100, 9.28.110, 9.28.130, and 9.28.140 14 (g) Applicability 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 tlme of the January 17, 1994 Northridge earthquake, had been withdrawn from the rental market pursuant to the Ellis Act and whlch 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 repalr or reconstructlon. SECTION 6. Earthauake Recoverv Permlt Aoolication. To request an Earthquake Recovery Permit, the appllcant must submit a complete application on a form provided by the Planning and Zoning Division in addition to any other material, reports, dlmenSloned plans, or other information required to take actlon on the applicatlon. Each appllcation shall also include: (a) Two estimates of the cost of repair or reconstruction from properly licensed contractors. The estimates must contain sufficient detail to ascertaln the scope of the proposed work and include the contractorTs profit, overhead and insurance cost. (b) For structures that have been posted with either a no entry notlce (Red-tagged) or limited entry notice (Yellow-tagged), a written structural analysis of the structure prepared by a llcensed 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 15 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 informatl0nj certified property appraisals j Sanborn maps; reports or drawings prepared by an l.nsurance company to support damage claims; photographsj City planning records; or any other verifiable information. SECTION 7. Review orocess. Each application for an Earthquake Recovery Permit shall require plan check approval as the final reVl.ew prior to issuance of the Earthquake Recovery Permit. In addition, the following procedures shall apply: (a) Where the cost of repair 1S 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 orl.gl.nal design, plan check only. (2) If the project includes a Size Incentive, Administrative Approval (IIAAn) is required. (3) If there is a sign1ficant design change, Architectural Review Board (IIARBII) review is required. Single faml.ly homes are not subj ect to ARB reV1ew pursuant to this subsection unless the structure is also landmark eligible. 16 If an application requ1res 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 f1fty 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 requ1red. If the project 1ncludes 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 parcells 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 requ1ring Plann1ng Commission review. (d) Hear1nas and Not1ce. ReV1ew by the ARB or Planning Commission shall require a public hearing, to be noticed and conducted substantially in compliance with the prov1s1ons 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, not1ce 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. 17 (e) Issuance of Buildina Permit. A building permlt 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 obtalning 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) Demolitlon Permlt. ProJects receiving a Earthquake Recovery Permit pursuant to this Ordinance shall not require a separate demolition permit. Demolition may occur at any tlme 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 appllcable Municipal Code provisions unless the demolition was ordered by the City1s Nuisance Abatement Board. (g) Anneals. Action of the ARB and Planning Commission shall be appealable pursuant to the provisions of Section 9.32.l60 of the Municipal Code and Part 9.04.24 of the Zoning Ordinance, except that the appeal of any rullng of the ARB or Planning Commission must be made within five (5) days of the date that such ruling is made. SECTION 8. shall govern the Recovery Permlt: Standards for Review. The followlng standards review of an application for an Earthquake l8 (a) AA Review. AA approval shall be granted if the proJect plans reflect in-kind repa~r 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 structure1s archltectural 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 ellg~ble, the repair will not comprom~se the architectural or historical integrity of the structure or potential dlstrlct; or, if reconstruction is involved, based upon an estimate from a professlonal experienced in rehabilitation of historic structures, it is not economically feas~ble to repair the structure (c) Plannina Commission Review. The Plann~ng Commission, or City Council on appeal, shall grant approval lf all of the follow~ng findings can be made: (1) The structure's architectural design 1S substantially similar to the pre-earthquake design; or, if a significant design change ~s involved, the structure's archltectural design is compatible with the general area in wh~ch it is located. 19 (2) The plan for the proposed buildlng or structure is expreSSlve of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity and indlvlduality. (3) The proposed building or structure is not of inferior quallty such as to cause the nature of the local neighborhood or environment to materlally depreciate in appearance and value. (4) If the structure is landmark eligible, the repair will not compromlse the architectural or historical integrity of the structure or potential dlstrict, or, if reconstruction is involved, based upon an est1mate from a professional experienced in rehabllitation of historic structures, lt 1S not economically feasible to repair the structure. (d) Plan Check. Plan check reVlew will be limited to the issue of whether the proJect compl1es with the requirements of thlS Ordlnance. (e) Condltlons of Aooroval. In grantlng 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. A substantlally complete applicatlon must be filed by April 19, 1997 in order to obtain an 20 Earthquake Recovery Permit. No Earthquake Recovery Permit shall be granted for any project which does not meet this requirement. The rights granted by an Earthquake Recovery Permit shall expire if a building permit is not issued by April 19, 1998, or if the building permit expires. No extens~ons 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. ComDosition 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 Commiss~on, 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. Plannina Commission Review. For purposes of Planning Commission review of an application for an Earthquake Recovery Permit, one {1} member of the Arch~tectural Review Board, appointed by that body, shall sit with the Planning Commission and may vote on that permit. Five (5) aff~rmative votes shall be required for approval. 21 SECTION 12. Buildina Standard Comnliance. The following pursuant to an building standards govern any work performed Earthquake Recovery Permlt: (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 condltlon without complying with Current Technical Codes. Notwithstanding the above, when the repair includes repalr 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 assoclated with the damaged elements, shall be brought into conformance with the structural requirements of the Current Technical Codes. (c) (50%) of When the cost of repalr equals or exceeds fifty percent the replacement value of the structure, the entire shall be brought into conformance with the Current structure Technical Codes. (d) Landmark eligible buildings shall comply with subsections (a) through (c) abovei 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 Historlcal Building Code. 22 (e) Notwithstanding (a) (c) above, the provlsions 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 thlS Section shall constitute minimum standards. Nothing in this Sectlon 12 shall be construed to prohiblt an owner from repairing or reconstructing a structure to a hlgher 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 lIin-kindl1 only lf it is the sole means by which compliance with this Section can be achieved SECTION 13. Comoliance Wlth Other Laws. Except as otherwise specifically provided in this Ordinance, projects obtaining an Earthquake Recovery Permit shall not be requlred to comply with the following provisions of the Santa Monica Municipal Code: (a) Chapter 7.10 concernlng 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 Hlstoric Districts; and 23 (f) Chapter 9.40 concerning the Third Street Neighborhood Historic District Standards. Except as specifically exempted in this Section, pro] ects 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 Monlca Sign Ordlnance, 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. Riaht of Disolaced Tenant to Reoccuov Residential - ~ Housing Unit. A tenant displaced from a residentlal housing unit in an earthquake damaged structure shall be entitled to reoccupy the unit ln accordance with the following provisions: (a) Any owner who reconstructs a residential housing unit pursuant to an Earthquake Recovery Permlt 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 durlng the displacement period of a change of address to which the offer should be sent. 24 (b) Within fifteen (15) days after final City sign-off on the building permit authorlzlng the reconstruction, the owner shall submit a good faith offer to renew a rental agreement or lease on terms permitted by law to any dlsplaced tenant who has complied with the requirements of subdivision (a) of this Sectlon. The owner shall also inform the tenant of the expected date that the unit will be available. (c) ThlS 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 dellvery of that acceptance or by deposlt 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 authorlzlng the repalr 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 unlt is ready for reoccupancy. Any tenant who has been dlsplaced 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 thlS Bectlon and shall only be 25 required if the displaced tenant has prevlously provided the owner wlth written notice indicating his or her deslre to reoccupy the unit and provlding an address to which the owner should notify the tenant that the unlt 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 dlsplaced tenant that his/her unlt 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 Unitn and "Notice of Change of Addressll 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 wlthln five (5) business days after lt 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 wlth thlS Section. 26 (i) Any displaced tenant may prosecute a civil action to enforce this Section. The relief available to the tenant in such an action shall lnclude 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. Certificate of Economic Hardshin 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 demolltion 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 (IIEarthquakell) shall be subject to the provlsions of Chapter 9.36 of the Municipal Code, except as amended below: (a) Tlmeliness. (I) Any application filed pursuant to Section 9.36.170 shall be deemed complete or incomplete within seven (7) worklng 27 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 hearlng required by Section 9.36.170(c) shall be held within forty-five (45) days of the date on whlch an applicatlon for a Certificate of Economic Hardship was deemed complete. (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 applicat10n 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 Hardsh1P must be filed within f1ve (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 1S properly filed wlth the Dlrector of Plann1ng and the City Clerk (7) The notice of public hearing requlred by Section 9.36.180(d) shall be given not less than seven (7) days before the date scheduled for the hearing. 28 (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. (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 add~t~onal evidence or testimony specifically requested by the City Counc~l, the City Council on appeal shall rely on the evidence presented to the Landmarks Commission. Additional evidence may be subm~tted 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 rebut tal testimony the necessity of which would not have been evident prior to the Landmarks Commission hearing SECTION 16. California Environmental Oualitv Act ("CEOA") Compliance. The City shall comply with the California Environmental Quality Act In processing applications for Earthquake Recovery Permits, and each application shall be considered on an individual basis to determine whether the project is exempt, or whether, and what level of environmental review is required. SECTION 17. Ordinance Number 1823 (CCS) is hereby repealed. 29 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 and no further, are hereby repealed or modified to that extent necessary to effect the provisions of th~s Ordinance. SECTION 19. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent jur~sdictlon, such declsion 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 lf any portion, section, subsection, sentence, clause, or phrase would subsequently be declared invalid or unconstitutional. SECTION 20. 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 w~th~n 15 days after its adoption. This Ordlnance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~ 4-A-1 --':>)WLk~ MARSHA JONE~RIE City Attorney 30 . ~CJOM-- State of Cahforma ) County of Los Angeles) ss CIty of Santa Momca ) 1. Mana M Stevvart, CIty Clerk ofthe CIty of Santa ~lomca, do hereby certIfy that the foregomg Ordmance ~o 1875 (CCS) had Its first readmg on February 25. 1997, and had ns second readmg on March 18. 1997 and was passed by the followlng vote Ayes CouncIl members Femstem. Genser. O'Connor, Rosenstem Noes CouncIl members None Abstam CounCIl members None Absent CouncIl members Ebner. Greenberg, Holbrook ATTEST ~..~ Cny Clerk ~