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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 1 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, 2 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 3 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: 4 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. 5 (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 6 (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; 7 (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: 8 {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,. 9 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 10 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'