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PCD SF KG AS f \plan\share\council\strpt\eqord2 Council Mtg Apnl 14, 1998 Santa MOnica, California TO Mayor and City Council FROM City Staff SUBJECT Recommendation to Introduce for First ReadIng an Emergency Ordinance Amending Ordinance 1875 (CCS) to Extend the ProvISions of the Earthquake Recovery Act INTRODUCTION This report recommends that the City Council adopt an emergency ordinance to amend Ordinance 1875 (CCS) (the "Earthquake Recovery Act") to extend the bUilding permit Issuance date for approved health care replacement facilities governed by the Office of Statewide Health Planning and Development (OSHPD) As proposed, the nghts granted by the Earthquake Recovery Permits for these type of projects would expire If a bUilding permit IS not Issued by October 19, 1998 The current ordinance requires a bUilding permit to be Issued by April 19, 1998 and does not distinguish between projects subject to OSPHD The proposed ordinance IS contained In Attachment A BACKGROUND Ordinance 1875 (CCS) was adopted on February 25, 1997 as part of the City's continUing efforts to facilitate earthquake recovery ThiS ordinance, which reenacted prior earthquake-related ordinances, established procedures and standards for the repair and reconstruction of earthquake-damaged structures <gB - 1 - t.i'R lit 'F. -: ., f_,J On Apnl 1, 1998 Eileen Hecht addressed the City Council on behalf of VIsta Convalescent Hospital at 1338 20th Street which was demolished as a result of damage sustained from the 1994 earthquake The owners received approval from the PlannIng Commission on September 8, 1997 (EQPC 97-002) to reconstruct thiS facility Condition 26 of thiS approval requires the applicant to obtaIn a bUilding permit by Apnl 19, 1998 which IS consIstent with Ordinance 1875(CCS) Although the applicant has diligently pursued obtaining a bUilding permit, thiS project IS also subject to approval by OSHPD, and the applicant was Informed by OSHPD In February, 1998 that It Will take SIX months to process the permit application Therefore, the Apnl 19th deadline cannot feaslblely be met In response to thiS Issue, City Council directed staff to prepare an ordinance amending thiS proVISion of Ordinance 1875(CCS) to proVide additional fleXibility for health care replacement faCilities subject to OSHPD approval BUDGET/FINANCIAL IMPACT The recommendatIon presented In thiS report does not have Significant budget or fIscal Impact RECOMMENDATION It IS respectfully recommended that the City CounCil adopt the attached emergency - 2 - ordinance to amend the Apnl19, 1998 deadline date for obtaining a buildmg permIt under Ordinance 1875(CCS) for health care replacement facilities governed by OSHPD Prepared by Suzanne Fnck, PCD DIrector Karen Ginsberg, Planning Manager Attachments A Proposed Ordinance - 3 - CA f\atty\munl\laws\mJm\health eq CIty Council Meeting 4-14-98 Santa MOnica, California ORDINANCE NUMBER 1909 (CCS) (City CouncIl Senes) 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 Apnl19, 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, Apnl 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 fights granted by an Earthquake Recovery Permit expire If a building permit for the project IS not obtained by Apnl 19, 1997, and WHEREAS, a number of projects Will have received, or Will have filed a complete applicatIon for an Earthquake Recovery Permit pnor to Apnl 19, 1997 ("Pending ProJects"), but Will have had InsuffiCient time to obtain a bUilding permit by that date, and 1 WHEREAS, the CIty CouncIl wishes to extend the nghts 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 substantral nghts granted by the Earthquake Recovery Act, including the right to reconstruct nonconforming bUildings, and WHEREAS, for clanty, 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 Fmdlng$ and Purpose The City Council finds and declares (a) Numerous residential and commercIal buildings In the City of Santa Momca experrenced substantial damage due to the January 17, 1994 Northndge earthquake and rts aftershocks CitYWide, more than 2000 dwelling unrts and 135 non-reSIdential structures were slgmflcantly damaged As a result, reSidents have been displaced from their homes and businesses, and owners face the task of rebUilding damaged structures Without a streamlrned permit process, famllJes 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 2 (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 prior 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 April 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 3 delineates the bUlldmg standards applicable to repair and reconstruction, whlch depend upon the magnitude of damage to the structure The Ordinance establishes reoccupancy nghts for displaced reSidential tenants of bUlldmgs requIring repaIr or reconstruction (f) In order to preserve some level of affordablllty 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 housmg obligation IS also created for structures reqUlnng 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, With the remainder of the umts 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 ZOning Ordinance (a) Affordable Houslna 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 EIlts Act after the January 17, 1994 Northndge earthquake, for non- reSidential structures, any use With a different parking requirement 4 (c) Cost of Repair 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 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) Earthauake 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 burldlng 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 Units may vary), (3) The height of the structure IS no greater than that which eXisted pre- earthquake, 5 (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 recycling 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) Landmark eligible A structure meeting one or more of the following crltena (1) Listed on the National Register of HIstOriC Places, (2) Listed on the California RegIster of Historical Resources, (3) DeSIgnated as a City Landmark, (4) Identified In the City of Santa MOnica HIstone 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 district 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 in-kInd (J) Pre-earthauake The conditIons eXisting Immediately pnor to the January 17, 1994 Northndge earthquake 6 (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) Repair The In-kInd restoration of an earthquake damaged structure In whJch no more than fifty percent (50%) of the extenor walls are removed to the foundation (m) Replacement 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 Project A parcel contalnlng two or more rental dwelling units not held In condominium or cooperative ownership Any project for whJch a TORCA application has received final City approval shall not be consIdered a ReSidential Rental Project (0) SIgnificant DeslC;m Change The architectural style of a bUilding, bUilding footpnnt, or the maJonty 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 offive feet per structure on the parcel, but not allOWing any Increase In the number of dwelling Units (q) Tenant Any tenant, subtenant, Jessee, sublessee, or any other person occupYing a rental hOUSing Unlt pursuant to a rental hOUSing agreement 7 SECTION 3 Aoollcablllty This Ordinance authorizes the Issuance of an Earthquake Recovery Permit only for In-krnd repair or reconstruction of earthquake damaged structures Any application for repair, demolltlOn. or replacement of earthquake damaged structures Involvmg other than In-kmd 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 Ordmance shall not apply to applications for New Construction except as provided In SectIon 4(f) An application for New Constructron shall be processed and evaluated under applicable Municipal Code provIsions, Including Subchapter 9 04 18 of the Zonrng Ordinance concernIng the repair and alteration of nonconforming bUIlding and uses SECTION 4 Earthauake Recoverv PermIt Development Standards and Use . - . RestrictIons An Earthquake Recovery Permit authorizes In-kind repair or reconstructron, subject to the following provIsions (a) Nonconformrna 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 resldentlal 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 unrts In the total number of unIts which may be 8 reconstructed provided all reconstructed units meet the requirements of the Current Techntcal 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 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 retall 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 district 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 umts authorized for new construction In the zomng 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 complies with either the affordable housing obligatIons of Section 5 of thiS Ordinance Of, at the applicant's option, the prOVISions of MUnicIpal Code Chapter 9 28, the City's Incluslonary Housing Program 9 (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 offive (5) feet per structure on the parcel, but does not allow any Increase In the number of 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 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 Jot coverage or FAR, If the total Increase In square footage at the ground level does not exceed five hundred (SOD) 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 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 10 (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 diStrict, (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) Single famlly home reconstruction and new construction (1) Notwithstanding the provIsions of Section 2(g)(4) and 2(g)(6) of thiS Ordmance, a reconstructed smgle 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 vanance 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 11 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 obligation 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 modlflcatJon of development standards and waJver 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 15 16 17 16 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 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 Identifiable differences between the affordable Units and market rate units VISible from the exterior of the dwelling units, 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 13 (f) Affordable units shall also comply with the requirements for IncJuslonary Units set forth In Santa MonIca MunIcIpal Code Sections 928 060(c), 928 100, 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 Units 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 Sectton 5 should any of the Units be rented after repair or reconstructIon SECTION 6 EarthQuake Recovery Permit Apollcatron 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 Informatton required to take actlon 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 ascertam 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 nottce (Yellow-tagged), a wntten structural analysIs of the structure prepared by a licensed engineer In accordance with the standards prOVided by the BUilding and Safety DIVIsion 14 (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 process Each application for an Earthquake Recovery Permit shall require plan check approval as the final review prior 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 ("AA") 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 15 If an appllcatlon 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 extenor 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 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 exterror walls are removed to the foundation, and the development on the parcells above the development review threshold for the dlstrrct In which It IS located. Planning Commission review IS required pnor to plan check ARB review shal] not be reqUired for any project requIring Planning Commission review (d) Heanngs and Notice. ReView by the ARB or Planning CommissIon shall reqUire a publiC hearrng. to be noticed and conducted substantially In complIance With the prOVIsions of Section 9 32 180 of the MunicIpal Code for ARB hearrngs, and Part 9 042022 of the ZonIng Ordinance for Planning Commission hearrngs For Planmng Commission hearrngs, notice shall be given to all owners and reSidential and commercial tenants of property Within a radius of 300 feet from the exterror boundarres of the property Involved In the applicatIOn 16 (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 compiles With the Size Incentive requirements of thiS Ordinance 17 (b) ARB Review The ARB. or Planning 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 hlstoflcallntegnty of the structure or potential dlstnct or, If reconstruction IS Involved, based upon an estimate from a professional expenenced In rehabilitation of hlstonc 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 slgnrflcant design change IS Involved, the structure's architectural design 15 compatible with the general 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 Infenor 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 Integnty of the structure or potentIal district, or, If reconstruction 18 IS Involved, based upon an estimate from a professional experienced In rehabilitation of hlstonc structures, It IS not economically feasible to repair the structure (d) Plan Check Plan check review wdl be limited to the Issue of whether the proJect complies with the requirements of this Ordinance (e) Conditions of Approval 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 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 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 fights 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 Except health care replacement facIlities governed by the OffIce of Statewide Health Planmng 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 CompOSition of ARB For purposes of ARB review of an application for an Earthquake Recovery Permit involving a landmark eligible structure, structure of 19 ment, structure within a histone 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 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 Planning 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 Compliance 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 complYing With Current Technical Codes NONvlthstandlng 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 20 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 ofthe structure, the entire structure shall be brought Into conformance with the Current Technical Codes (d) Landmark eligible buildings shall comply with subsecllons (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 Historical BUilding Code (e) NotWithstanding (a) - (c) above. the provIsions of Ordinance Number 1729(CCS) concerning repair and reconstruction cntena 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 repalnng or reconstructing a structure to a hIgher standard than set forth In this Section (g) When compliance with this Section 12 reqUires mod Iflcatlon 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 21 079 2528 29th S1. $ 640.00 089 2449 29th St 640.00 096 2603 29th St. 640.00 099 2623 29th St. 640.16 101 2627 29th St. 640.16 102 2639 29th St. 4,608.00 103 290 1 Ocean Park 2,816.00 105-A 1218 23rd St. #A 160.00 105-1 1218 23rd St. #1 160.00 105-4 1218 23rd St. #4 160 00 117 1256 23rd St. 640.00 118-1 1260 23rd St. #1 160 00 121 2307 Anzona 64.00 123 1253 23rd St. 640.00 124-1 1249 23rd S1. #1 160.00 134-1 1223 23rd St #1 320.00 134- 3 1223 23rd St. #3 320.00 135 1217 23rd St 640.00 136 2300 WIlshIre 1.856.00 138 1134- A Princeton 178.79 138 1134-C Princeton 178.79 138 1134- D Prmceton 178.79 6 _,I L4.~~~___ _____ __ 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 dUring the displacement period 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 complied 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 mall, 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 mati by registered or certified first class mati 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 housIng untt 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 23 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 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 umt 15 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 hlsJher umt lS ready for reoccupancy as reqUired by subdivIsion (d) of thiS Section shall be deposited In the United 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 umt (f) The CIty shall make available offICial forms to tenants entitled "Notice of Desire to Renew Tenancy or Reoccupy Unlt" and "Nobee of Change of Address" whIch may be utilized by tenants to meet the notice reqUirements of subdiVIsions (a) and (d) of thIS Section (9) 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 Within five (5) business days after It IS proVided to the owner or displaced tenant 24 (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 wlth 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 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 fight 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 prlonty 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 Hardship An applicatIon for a Certificate of EconomIC HardshIp for any Landmark, or bUIldIng or structure Within a Hlstonc Dlstnct, 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 Northfldge Earthquake or Its aftershocks ("Earthquake") shall be subject to the prOVISIons of Chapter 9 36 of the MunIcipal Code, except as amended below (a) Timelinesse 25 ~ (1) Any applicatIon filed pursuant to Section 936 170 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 materials 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 application 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 936 170(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 flied Within five (5) working days of the date that such determination was made or deemed approved or disapproved (6) The heanng required by Section 9 36 180(c) shall be held within thIrty (30) days after the notice of appeal IS properly filed With the Director of Planmng 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 heanng 26 (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 peflods 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 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 hearing on the appeal, or to prevent the submittal of rebuttal testImony the necessity of which would not have been eVident prior to the Landmarks Commission hearing SECTION 16 California EnVironmental Quality Act ("CEQA") Compliance The City shall comply With the California EnVIronmental Quality Act m processmg 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 JUriSdiction, such deCISion shall not affect the valrdlty of all remaining portions of thiS Ordinance The City Council hereby declares that It would not have passed thiS Ordmance 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 pubhshed once In the official newspaper within 15 days after Its adoption This Ordinance shall be effective upon Its adoption APPROVED AS TO FORM '1 / r : , . ~-: //1 ........ , . ... I -~ 1_' , ..J.- -I ! , - [,...-_1 ! i '~~ -!'. '-' L."__ / v_ c:,. MARSHA JONES MOUTRIE CIty Attorney 29 tk-::!:f6- State of CalIfornIa ) County of Los Angeles) 55 CIty of Santa Monica ) I, Mana M Stewart, City Clerk of the CIty of Santa MOnIca, do hereby certlfy that the foregomg OrdlOaIlCe No 1909 (CCS) was introduced and adopted on Apnl 14, 1998, by the followmg vote Ayes Counctl members Femstem, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Council members None Abstam CouncIl members None Absent Council members Ebner ATTEST ~~ l~'-.~ , Maria M Stewart, CIty Clerk