O2278F:\MuniciaplLaw\Share\LAWS\BARRY\substantial remodel ordinance CC 11-25-08ord2d
City Council Meeting 11-25-08 Santa Monica, California
ORDINANCE NUMBER 2278. (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.02.030.825 AND 9.04.20.34.030 AND ADDING SECTION 9.04.18.085 TO THE
ZONING ORDINANCE TO MODIFY THE THRESHOLD AT WHICH A STRUCTURE IS
DETERMINED TO BE SUBSTANTIALLY REMODELED AND ESTABLISHING THE
PROCEDURES FOR EXCEPTIONS AND ADJUSTMENTS IN SPECIFIED
CIRCUMSTANCES
WHEREAS, a legal, non-conforming building has been substantially remodeled
when it has been added to or altered to such a degree that the entire building must
conform to all current applicable zoning regulations; and
WHEREAS, the substantial remodel provisions in the City's Zoning Ordinance
are intended to balance the .City's goal-for the orderly termination of nonconforming
buildings in order to promote the public health, safety and general welfare with the City's
desire to promote structural improvement of existing buildings and allow the modest
alteration or expansion of nonconforming structures; and
WHEREAS, the substantial remodel provisions contained in the City's Zoning
Ordinance are difficult to interpret and implement; and
WHEREAS, even when properly implemented, these provisions can lead to
unintended results; the City had prior to the adoption of the interim ordinances
described below approved commercial projects that have permitted the owner. to
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essentially reconstruct entire nonconforming buildings without complying with new
development standards because the projects had not been substantially remodeled
under current law; and
WHEREAS, historic structures contribute individually and collectively to the City's
historic, aesthetic and cultural heritage; and
WHEREAS, the need to repair or replace cripple walls, footings, and foundations
of landmarked structures may be appropriate to ensure a safe building, but may be
hindered by the substantial remodel provision which vvould require that the entire
property be brought into compliance with .current Zoning Code; and
WHEREAS, homeowners of potentially significant resources are increasingly
choosing to demolish these resources rather than simply remodel them due to
difficulties they encounter in complying with the substantial remodel provisions; and
WHEREAS, the current substantial remodel provisions may also. make it difficult
for homeowners of nonconforming structures generally to reasonably improve the safety
and functionality of their home; and
WHEREAS, due to these circumstances, homeowners may elect not td make the
safety upgrades or chose to demolish .existing improvements and rebuild rather than
maintain the existing structure; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2136. (CCS) on August 10, 2004, Ordinance Number- 2143 (CCS) on
September 28, 2004, and Ordinance Number 2202 (CCS) on October 28, 2006 which
modified the threshold at which a structure is determined to be substantially remodeled,
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established exceptions to the substantial remodel requirements, and authorized the
Zoning Administrator to grant adjustments in specified circumstances; and
WHEREAS, on September 3, 2008, the Planning Commission adopted a
Resolution of Intention to initiate this Zoning Ordinance text amendment; and
WHEREAS, on October 15, 2008, the Planning Commission held a public
hearing on the proposed text amendment and recommended to the City Council that it
adopt the proposed amendment with certain specified modifications; and
WHEREAS, the City Council held a public hearing on this proposed ordinance on
November 11, 2008; and
WHEREAS, the proposed. ordinance is consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan in
that Policy 1.2 of the General Plan Safety Element (1995) provides that "the City shall
strengthen the project permit and review process to ensure that proper actions are
taken to mitigate the impact of seismic hazards, to encourage structural and non-
structural seismic design and construction practices that minimize earthquake damage
in critical facilities and to prevent the total collapse of any structure designed for human
occupancy," Policy 1.3.2 of the General Plan Historic Preservation Element (200) states
that the City should "ensure that municipal regulations are compatible with
preservation," and Policy 3.1.3 of the General Plan Land Use Element (1984) which
states that the City should "encourage retention of historic and architecturally significant
resources," and,
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed ordinance in that the Zoning
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Ordinance modification will assist the City in enforcing Building Code provisions that
ensure safe construction of new and remodeled buildings, .encouraging owners of
existing older buildings throughout the City to improve their structural safety, and
enhancing the Zoning Ordinance's compatibility with preservation objectives by giving
priority to historic character instead of property development standards thereby
promoting the retention of historic resources,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.02.030.825 is hereby
amended to read as follows:
9.04.02.030.825. Substantial Remodel.
The alteration of or addition to an existing legal nonconforming
building to such a degree that the entire building must conform to all
current, applicable zoning regulations including, but not limited to, land
use approvals, setbacks, height, and parking. Structures substantially
remodeled shall also be. considered demolished and subject to Part
9.04.10.16 of Subchapter 9.04.10 of the Zoning Ordinance.
SECTION 2. Section 9.04.18.085 is hereby added to the Santa Monica. Municipal
Code to read as follows:
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9.04.18.085. Substantial Remodel.
(a) An existing nonconforming building that constitutes a
substantial remodel pursuant to Section 9.04.02..030.825 shall lose any
legal, non-conforming status which it may have had and may only be
replaced or rebuilt if the entire structure is made to comply with all current,
applicable Zoning Code requirements.
(b) An alteration of or addition to an existing legal nonconforming
building shall constitute a substantial remodel if any of the following occurs
at any time over a five year period:
(1) More than fifty percent of the exterior walls are removed or are
no longer a necessary and integral structural component of the overall
building. Elements of the exterior wall include columns, studs, cripple
walls, or similar vertical load-bearing elements and associated footings.
However, existing exterior walls supporting a roof that is being modified to
accommodate a new floor level or roofline shall continue to be considered
necessary and integral structural components, provided the existing wall
elements remain in place and provide necessary structural support to the
building upon completion of the roofline modifications.
The calculation for determining whether a structure is substantially
remodeled shall be based on a horizontal measurement of the perimeter
exterior wall removed between the structure's footings and the ceiling of
the first story, as defined in Chapter 8.12 of the Santa Monica Municipal
Code.
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(2) In commercial or industrial buildings not principally supported
by exterior bearing walls, more than fifty percent of the principal support
structure including columns, structural frames and other similar primary
structural elements, is removed or no longer a necessary and integral
structural component of the overall building.
(3) New floor area is added to a commercial or industrial building
that exceeds fifty percent of the existing floor area of the building.
(c) Notwithstanding subsection (b) ofthis-Section, an existing
nonconforming building shall not lose its legal nonconforming status if:
(1) The existing building is a historic resource including, but not
limited to, structures listed on the City's Historic Resources Inventory that
have been updated in the last five years, provided the alteration or
addition conforms with the Secretary of the Interior's Standards for
Rehabilitation and Illustrated Guidelines fot Rehabilitating Historic
Buildings.
(2) The existing building is commercial or industrial and is altered in
accordance with all of the following criteria:
(A) The alterations only involve the replacement of the footings,
cripple walls, stem walls, or similar structural components between the
structure's footings and the finished floor of the first story as defined ih
Chapter 8.12 of the Santa Monica Municipal Code,
(B) The alterations are only undertaken to the minimum extent
necessary to maintain a safe structure
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(C) The existing exterior wall elements or principal support structure
remain in place at all times and provide necessary structural support to the
building upon completion of the alterations.
(D) No new floor area is added
(3) The existing building is residential and is altered or added to in
accordance with all of the following criteria:
(A) The alterations or additions to the existing residential building
include the replacement of the footings, cripple walls, stem walls, or
similar structural components between the structure's footings and the
finished floor of the first story as defined in Chapter 8.12 of the Santa
Monica Municipal Code.
(B)The existing first story exterior wall elements remain in place at
all times and provide necessary structural support to the building upon
completion of the alteration or addition.
SECTION 3. Santa Monica Municipal Code Section 9.04.02.34.030 is hereby amended
to read as follows:
9.04.20.34.030. Applicability.
Zoning Administrator may grant an adjustment from the
requirements of this Chapter to:
(a) Allow modification of parcel coverage regulations by up to five
percent of the total lot area for additions to existing structures;
(b) Allow modification of the number of required parking spaces by
up to one percent of the number of required spaces;
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(c) Allow the modification of fence heights by up to one foot;
(d) Allow the modification of side yard setback requirements by up
to six inches, but in no case resulting in a setback of less than four feet;
(e) Allow the modification of building heights by up to six inches on
parcels which have a grade differential of five feet or more, as measured
from either any. point on the frorit parcel line to any point on the rear parcel
line, or from any point on a side parcel line to any point on the opposing
side parcel line;
(f) Allow a garage accessory building to extend up to the rear
property line of the parcel on which it is located where otherwise
prohibited;
(g) Allow a building to retain nonconforming setbacks when
substantially remodeled provided all of the following criteria are met:
(1) The nonconformity of the setback(s) and building may not
be increased,
(2) At least thirty-five percent of the exterior walls of the
building subject to the adjustment shall remain as defined in Section
9.04.02.030,
(3) There has been no prior addition under this Section.
(h) Allow a building to retain noncohforming setbacks when
substantially remodeled provided that the applicant demonstrates that all
of the following criteria are met:
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{1) the exterior walls are required to be replaced due to concealed
structural damage caused by dry rot, termites, or other factors.
(2) the structural damage was unforeseeable through reasonable
due diligence prior to the issuance of a building permit for the alteration or
addition,
(3) the structural damage was only discovered during the course of
construction,
(4) the structural damage was verified after inspection by the
Building Officer; or designee, while the damaged exterior walls are still in
place, and
The criteria established by this subsection (h) shall be in lieu of the
findings otherwise required by Section 9.04.20.34.060.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed. or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. 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 competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,.
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
MA A JO E MOUT IE
City ttorney
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Approved and adopted this 25th day of November, 2008.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
ayor
I, Maria Stewart,- City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2278 (CCS) had its introduction on November 11th, 2008, and
was adopted at the Santa Monica City Council meeting held on November 25th, 2008,
by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Katz, Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2278 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria Stewart, City Clerk'