O1909
CA f\atty\mum\laws\mJm\health eq
City Council Meeting 4-14-98
Santa Monica, California
ORDINANCE NUMBER 1909 (CCS)
(City Council Serres)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND REENACTING
THE EARTHQUAKE RECOVERY ACT AND DECLARING
THE PRESENCE OF AN EMERGENCY
WHEREAS, on Aprr119, 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
WH EREAS, 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) adding and amending particular sections of the Earthquake Recovery Act, and
WHEREAS, the Earthquake Recovery Act proVides that the nghts granted by an
Earthquake Recovery Permit expire If a bUilding permit for the project IS not obtained by
Apn119, 1997, and
WHEREAS, a number of projects Will have received. or Will have filed a complete
application for an Earthquake Recovery Permit pnor to Apn119, 1997 ("Pending Projects"),
but Will have had inSUffiCient time to obtain a bUilding permIt by that date, and
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WHEREAS, the City Council wishes to extend the rrghts granted by an Earthquake
Recovery Permit for Pending Projects only, and
WHEREAS, extendIng the nghts granted by an Earthquake 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 nghts granted by the Earthquake Recovery Act,
including the rrght to reconstruct nonconforming bUildings, and
WHEREAS, for c1anty, ease of administration, 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 Emdln9s and Purpose The City CounCil finds and declares
(a) Numerous residential and commercIal bUildings In the City of Santa Monica
expenenced substantial damage due to the January 17. 1994 Northndge 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 experrence the negative effects of unrepalred bUildings, and economic
hardships Will result from the delay In reconstruction
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(b) Many of the bUildings which were damaged are currently nonconforming with
respect to density, setbacks, height, floor area ratio, or other code requirements Under
eXisting zOning ordinance provIsions, If damage to a structure equals or exceeds one-half
of replacement costs Immediately pnor to such damage, the structure must conform to
current zoning upon rebuilding Adherence to these zoning provIsions would significantly
delay rebUilding and recovery
(c) In addition, numerous damaged bUildings contain more hOUSing units than
allowed by current zOning If current rebuilding provIsions were followed, there IS the
potential for a loss of hOUSing units on these sites
(d) In order to preserve the City's hOUSing stock, to encourage rapid rebUilding
of residential and commercial structures, to maintain the City's eXisting residential and
commercial character, and to otherwise promote the public welfare, It IS necessary to adopt
an expedited permit process for rebUilding, and reconstruction standards which encourage
rebUilding
(e) ThIS Ordinance creates a new permit, an Earthquake Recovery Permit, a
substantially complete application for which must be filed by Apnl 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
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delineates the bUIlding standards applicable to repaIr and reconstructIon, whIch depend
upon the magnitude of damage to the structure The Ordinance establishes reoccupancy
nghts for displaced residential tenants of bUildings requIring repair or reconstruction
(f) In order to preserve some level of affordablhty 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 restnctlng 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
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 Zonrng Ordinance
(a) Affordable Housing Unit A rental unit meeting the reqUirements of Section
5 of thiS Ordinance which IS affordable to a household With low or moderate Income
(b) Change of Use For reSidential structures, a change to non-residential use,
a change from apartments to condominiums, or Withdrawal from the rental hOUSing market
pursuant to the ElliS Act after the January 17. 1994 Northrrdge earthquake, for non-
reSidential structures, any use With a different parking requirements
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(c) Cost of RepaIr. The estrmated 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 Munrclpal Code
Chapter 8 04, and any other construction related technrcal codes adopted by the City, In
effect at the time of Issuance of the bUilding permit
(e) Earthauake Damaged Structures Structures damaged by the Northndge
earthquake or Its aftershocks for which the cost of repair exceeds $1 00 per square foot
of bUilding area
(f) Earthquake Recovery Permit A permit to repair, or remove and reconstruct,
earthquake damaged structures or portions of earthquake damaged structures, Issued
pursuant to this Ordinance
(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 unrts may vary),
(3) The height of the structure IS no greater than that which eXisted pre-
earthquake,
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(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 Dlstnct),
(6) Lot coverage IS no greater than that which eXisted pre-earthquake,
(7) Landscaping, trash and recyclrng enclosures are substantially simIlar
to those eXisting pre-earthquake, and
(8) There IS no change In use except as speCifIcally allowed by thiS
Ordinance
(h)l,.gndmark eligIble. A structure meetmg one or more of the following cnteria
(1) Listed on the National Register of Hlstonc Places,
(2) Listed on the California Register of HIstorical Resources,
(3) DeSIgnated as a City Landmark,
(4) Identified In the City of Santa Monica Hlstonc Resources Inventory
Volumes I, II, and III, and evaluated as (a) eligible for the National Register of Hlstonc
Places as an IndiVidual structure or as part of a dlstnct 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 tn-kmd
(J) Pre-earthauake The conditions eXisting Immediately prior to the January 17,
1994 Northndge earthquake
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(k) ReconstructIon The in-kInd restoratIon or rebuildIng of an earthquake
damaged structure In which more than 50% of the extenor walls are removed to the
foundation
(I) Reoalr 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) Reolacement 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 Prolect 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) Significant Design Change The architectural style of a bUilding, bUilding
footpnnt, or the majority of the exterior bUilding matenals are substantially different from
that which eXisted pre-earthquake
(p) Size Incentive An incentive allOWing a total square footage Increase of up
to fifteen percent (15%) over pre-earthquake square footage on the parcel, and a total
height Increase of five feet per structure on the parcel, but not allOWing any Increase In the
number of dwelling Units
(q) Tenant. Any tenant, subtenant, lessee, sublessee, or any other person
occuPYing a rental hOUSing Unit pursuant to a rental housmg agreement
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SECTION 3 Aoohcabllltv This Ordinance authorrzes the Issuance of an
- - -
Earthquake Recovery Permit only for In-kind repair or reconstruction of earthquake
damaged structures Any applrcatlon 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 10 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 Earthauake Recovery Permit Development Standards and Use
Restnctlons An Earthquake Recovery Permit authorrzes In-kind repair or reconstruction,
subject to the following proVIsions
(a) Nonconforming BUildIngs and Structures Any legal nonconformIng bUIlding or
structure otherwise qualifYing for an Earthquake Recovery Permit may be reconstructed
to ItS prevIous nonconforming status Any residential Unit created Without a bUilding
permit, and registered With the Santa MOnica Rent Control Board (a "bootleg Unit"), may
be repaired provided the Unit meets minimum habItability standards ReSidential Rental
Projects which are reconstructed pursuant to thiS Ordinance and which contain one or
more bootleg Units may count those units In the total number of units which may be
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reconstructed provided all reconstructed units meet the requirements of the Current
Technical Codes
(b) Change In Use. No change In use shall be allowed for a residential structure
F or 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
Notwithstanding the provIsions of Section 2{g)(2), a nonconforming nonresidential
use In a reSidential dlstnct may be changed to a reSidential use, prOVided all other
provIsions of thIS Ordinance are met, and provided the follOWing cntena 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 dlstnct 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 compiles 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 Incluslonary HOUSing Program
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(4) If a condominium project, a tentative parcel map or tract map IS
processed and approved concurrently with the Earthquake Recovery Permit
(c) Size Incentive A Residential Rental Project qualifYing for an Earthquake
Recovery Permit IS entitled to a Size Incentive A Size Incentive allows a total square
footage Increase of up to fifteen percent (15%) over pre-earthquake square footage on the
parcel, and a total height Increase of five (5) feet per structure on the parcel, but does not
allow any Increase In the number of dwelling unrts 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 Incentrve 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) Parking 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 shall not count
toward the fifteen percent (15%) square footage Increase allowed under a Size Incentive
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(e) Height 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 dlstrrct,
(2) The structure IS not adjacent to, or separated by an alley from any
reSidential use,
(3) The pre-earthquake structure was vaned 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) $lOgle family home reconstruction and new construction
(1) Notwithstanding 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
(2) Notwithstanding MUnicipal Code Section 90420 10 030(d), a project
Involving new construction of an earthquake damaged single family home may apply for
a varrance 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
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SECTION 5 Affordable Housing ObligatIon. The provIsions of the City's
Incluslonary 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 obllgatlon 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 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
3
4
5
6
7
o
o
o
o
1
1
1
1
1
1
1
1
12
8
9
10
11
12
13
14
1S
16
17
18
19
20
1
1
1
1
1
1
2
2
2
2
2
2
2
1
1
2
2
2
2
2
2
2
2
3
3
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 05 or more
rounded up to the nearest whole number, and any decimal fraction of less than 05
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 Unlts may have reduced size or amenities as long as there are no
Significant Identifiable differences between the affordable units and market rate units
vIsible from the exterior of the dwelling Unlts, 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
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(f) Affordable unrts shall also comply With the requirements for lncluslonary Units
set forth In Santa Monica MUnicipal Code Sections 928 060(c), 928100, 928110,
928130, and 9 28 140
(g) Applicability of this Section to Properties Withdrawn Pursuant to the Ellis Act
Any project Involving a parcel containing two or more dwelling umts which, at the time of
the January 17, 1994 Northndge 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 matenal, 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 wrrtten 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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(c) Two sources of documentation of the pre-earthquake condition of the property
or structure sufficient to enable the City to determine whether the project Involves In-kind
repair or reconstruction Documentation may Include approved bUilding 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 venflable Information
SECTION 7 ReView orocess Each application for an Earthquake Recovery Permit
shall require plan check approval as the final review prror 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 extenor 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 angInal deSIgn, plan
check only
(2) If the project Includes a Size IncentIVe, Administrative Approval ("M")
IS reqUired
(3) If there IS a Significant deSign change, Architectural ReView Board
("ARB") review IS reqUired Single family homes are not subject to ARB review pursuant
to thiS subsection unless the structure IS also landmark eligible
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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 dlstnct In which It IS located, ARB review shall be
reqUired. If the project Includes a Size Incentive, AA Review shall also be required pnor
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 extenor walls are removed to the
foundation, and the development on the parcel IS above the development review threshold
for the dlstnct In which It IS located, Planning Commission review IS reqUired prior to plan
check ARB review shall not be reqUired for any project requIring Planmng Commission
review
(d) Heanngs and Notice. Review by the ARB or Planning Commission shall require
a public heanng, to be noticed and conducted substantially In compliance With the
prOVIsions of Section 9 32 180 of the Municipal Code for ARB heanngs, and Part
9 04 20 22 of the ZOning Ordinance for Planning Commission heanngs For Planning
Commission heanngs, notice shall be given to all owners and reSidential and commercial
tenants of property Within a radiUS of 300 feet from the extenor boundaries of the property
Involved In the application
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(e) Issuance of BUilding Permit A bUilding permit shall be Issued only after the
application has received all approvals required under this Section, and after approval IS
granted from the California Coastal Commission If required A project may apply for an
Earthquake Recovery PermIt before obtaining a removal permit or determination that a
removal permit IS not required from the Rent Control Board A building permit shall not
Issue, however, until such removal permIt or determinatIOn IS granted
(f) Demolition Permit Projects receiving a Earthquake Recovery Permit pursuant
to thiS OrdInance shall not reqUire a separate demolition permIt DemolItIon may occur at
any time after the building permit IS granted, and while the building permIt IS stili valid
Demolition other than pursuant to an Earthquake Recovery Permit shall require a
demolition permit pursuant to applicable Municipal Code prOVISions unless the demolitIon
was ordered by the City's NUisance Abatement Board
(g) Appeals Action of the ARB and Planning Commission shall be appealable
pursuant to the proVIsions of Section 9 32 160 of the Municipal Code and Part 9 04 24 of
the Zoning Ordinance, except that the appeal of any ruling of the ARB or Planning
Commission must be made Within five (5) days of the date that such ruling IS made
SECTION 8 Standards for RevIew The follOWing standards shall govern the
review of an applicatIon for an Earthquake Recovery Permit
(a) AA Review AA approval shall be granted If the project plans reflect in-kind
repair or reconstruction, and any additional square footage, height or FAR complies With
the Size Incentive requirements of thiS Ordinance
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(b) ARB Review, The ARB, or Plannrng Commission on appeal, shall grant
approval If both of the following findings can be made
(1) The structure's architectural design IS substantially similar to the pre-
earthquake design, or, If a significant design change IS Involved, the structure's
architectural design IS compatible with the general area In which It IS located
(2) If the structure IS landmark eligible, the repair Will not compromise the
architectural or hlstoncal Integrrty of the structure or potential dlstrrct, or, If reconstruction
IS Involved, based upon an estimate from a professional experrenced In rehabilitation of
hlstorrc structures, It IS not economically feasible to repair the structure
(c) 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 genera! 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 contnbutes to the Image of Santa MOnica as a place of
beauty, creativity and individualIty
(3) The proposed bUilding or structure IS not of Inferror quality such as to
cause the nature of the local neighborhood or environment to materially depreciate In
appearance and value
(4) If the structure IS landmark eligible, the repair Will not compromise the
architectural or hlstoncal Integrrty of the structure or potential district, or, If reconstruction
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IS Involved, based upon an estimate from a professional expenenced In rehabilitation of
hlstonc 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 Aporoval 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 bnng 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 substantially complete application must be filed
by Apnl 19, 1997 In order to obtain an 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 Apnl 19, 1998, or If the bUilding permit expires Except health care
replacement faCIlities governed by the Office of Statewide Health Planning and
Development (OSHPD) shall obtain a bUilding permit by October 19, 1998
No extensions of an Earthquake Recovery Permit shall be granted After expiratIon
of an Earthquake Recovery Permit, any subsequent application shall be consIdered an
application for New Construction
SECTION 10 C.omoosltlon of ARB For purposes of ARB review of an application
for an Earthquake Recovery Permit InvolVing a landmark eligible structure, structure of
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ment, structure within a hlstorrc dlstnct. or structure Identified on the City Hlstonc
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. Plannlna 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 Building Standard Comollance The following bUilding standards
govern any work performed pursuant to an Earthquake Recovery Permit
(a) When the cost of repair does not exceed ten percent (10%) of the replacement
value of the structure, only the damaged portion of the structure may be restored to the
pre-earthquake condition Without complyrng With Current Technical Codes
Notwithstanding the above, when 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
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be brought Into conformance with the structural requirements of the Current Technical
Codes
(c) When the cost of repair equals or exceeds fifty percent (50%) of the
replacement value of the structure, the entire structure shall be brought Into conformance
with the Current Technical Codes
(d) Landmark eligible bUildings shall comply With subsections (a) through (c) above,
however, an owner may request a modification of the above standards which shall be
granted so long as the requested modification IS consistent With Part 8, Title 24, California
Code of RegulatIons, the State of California Hlstorrcal BUilding Code
(e) NotWithstanding (a) - (c) above, the provISions of Ordinance Number
1729(CCS) concerning repair and reconstruction crrtena for unrelnforced chimneys and
walls over 42 Inches In height shall apply to any project obtaining an Earthquake Recovery
Permit
(f) The standards of thiS Section shall constitute minimum standards Nothing In
thiS Section 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
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SECTlON 13 Comohance 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 Incluslonary HOUSing,
(d) Chapter 932 concerning Architectural ReView,
(e) Chapter 9 36 concerning Landmarks and Hlstonc Dlstncts, and
(f) Chapter 9 40 concermng the Third Street Neighborhood Histone Dlstnct
Standards
Except as speCifically exempted In thIS SectIon, projects obtaining an Earthquake
Recovery Permit shall comply with the MuniCipal Code and all other applicable laws and
regulations For purposes of Chapter 952, the Santa MonIca Sign Ordinance,
nonconforming signs removed dunng 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 Reoccuoy ReSidential Hou$lng 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
22
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 mall the offer That tenant should
adVise the owner at any time dUring the displacement penod of a change of address to
which the offer should be sent
(b) Within fifteen (15) days after final City sign-off on the bUilding permit authorizing
the reconstruction, the owner shall submit a good faith offer to renew a rental agreement
or lease on terms permitted by law to any dIsplaced tenant who has compiled 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 matI, by regIstered or certified
first class mall With postage prepaid, addressed to the displaced tenant at the address
furnished to the owner as proVided In thiS Section and shall descnbe the terms of the offer
The displaced tenant shall have thirty (30) days from the deposIt of the offer In the mall to
accept the offer by personal delivery of that acceptance or by deposit of the acceptance
In the United States mall by registered or certified first class mall 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 houstng umt 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
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such a unit for a perrod exceeding fourteen (14) days shall have fourteen (14) days from
the receipt of the owner's notice to reoccupy the unit and recommence rent payments
This notification shall be made In the manner established by subdivIsion (e) of this Section
and shall only be required If the displaced tenant has previously provided the owner With
wntten notice Indicating his or her desire to reoccupy the unIt and providing an address
to which the owner should notify the tenant that the unrt IS available for reoccupancy That
tenant should adVise the owner at any tIme dunng the displacement penod of a change
of address to whIch the notificatIon should be sent
(e) The notification to a displaced tenant that his/her unrt IS ready for reoccupancy
as required by subdivIsion (d) of thiS Section shall be deposited In the Unrted States mall,
by registered or certified first class mall 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 "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 Monrca Rent Control Board Within five
(5) bUSiness days after It IS proVided to the owner or displaced tenant
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(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 compiled 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 nght of a displaced tenant to renew a tenancy or reoccupy a residential
housing umt 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 pnonty for the rental of affordable hOUSing units ThiS pnorlty
Will be established by adminIstratIve regulatIon to be adopted by the City's HOUSing and
Redevelopment DIVIsion
SECTION 15 CertIficate of Economic HardshlO An appl1catlon for a Certificate
of Economic Hardship for any Landmark, or bUIlding or structure withIn a Histonc 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 Northndge Earthquake or ItS aftershocks
("Earthquakefl) shall be subject to the provISions of Chapter 9 36 of the MUniCipal Code,
except as amended below
(a) Timeliness
25
(1) Any application filed pursuant to Section 936170 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 matenals and documents required by the application
form supplied by the City
(2) The public hearing required by Section 936 170(c) shall be held Within
forty-five (45) days of the date on whIch an appltcatlon for a Certificate of Economic
Hardship was deemed complete
(3) The notice of public hearing reqUIred by SectIon 936 170(c) shall be
given not less than seven (7) days before the date scheduled for the heanng
(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 flied With the Director of Plannrng and the
City Clerk
(7) The notice of public hearing required by Section 936 180(d) shall be
given not less than seven (7) days before the date scheduled for the hearing
26
(8) The InvestigatIOn, recommendation, and other actions required by
Section 9 36 160( d) shall not cause a delay In the appllcatron, but shall be completed
within the time specified In Subsection (a)(4) above
(9) The time periods specified In subsections (a)(1) through (a)(B) above
may be extended upon mutual agreement of the Commission and applicant
(b) EVidence on Aooeal Except for additional eVidence or testimony specifically
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 heanng on the appeal, or to prevent the submIttal of rebuttal
testimony the necessity of which would not have been eVident pnor to the Landmarks
Commission hearing
SECTION 16 Callfoml8 EnVironmental Quality Act ("CEQAtI) 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
27
SECTION 18 This Ordinance IS an emergency ordInance adopted pursuant to the
provIsions of Section 615 of the City Charter It IS necessary to preserve the public peace,
health or safety, and for the reasons set forth In the findings above
SECTION 19 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 20 If any section, subsection. sentence, clause, or phrase of thiS
Ordinance IS for any reason held to be Invalid or unconstitutional by a decIsion of any court
of any competent jUnSdlctlon, 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
28
SECTION 21 The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance The City Clerk shall cause this ordinance, or a summary thereof, to be
published once In the officIal newspaper Within 15 days after Its adoptIon ThIS Ordinance
shall be effective upon Its adoption
APPROVED AS TO FORM
ilL F tL <1' "1. IT
i /, if.... Ct I /D!.A"..,LJ I u.... tU_ f u-\.
MARSHA JONES'MOUTRIE
City Attorney
29
k;.- -LVL-/
Robert T Hol'o~~~;;-
State of Cahfomia )
County of Los Angeles) ss
Cay of Santa Momca )
I, Mana M Stewart, City Clerk of the City of Santa Momca, do hereby certify that the foregoIng
OrdInance No 1909 (CCS) was Introduced and adopted on Apn114. 1998, by the follOWIng
vote
Ayes
CouncIl members
Feinstein, Genser, Greenberg, Holbrook, O'Connor,
Rosenstein
Noes
CouncIl members
None
Abstain
Council members
None
Absent
Council members
Ebner
ATTEST
~.~ ~.._~
Mana M Stewart, CIty Clerk
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