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.
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(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:
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(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)
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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.
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(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
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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
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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
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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;
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(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
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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.
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(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
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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.
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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.
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(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
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(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 ~