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City Council Meeting 4-11-95
Santa Monica, californla
APR 1 1 1995
TO: Mayor and City council
FROM: City Attorney
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND REENACTING THE EARTHQUAKE RECOVERY ACT
INTRODUCTION
At its meeting on March 28, 1995, the City Council introduced for
first reading an ordinance amending the Earthquake Recovery Act to
facilitate reconstruction by allowing greater flexibility in the
lot coverage and setback standards appllcable to rebuilding single-
family residences and in the maximum height standards appllcable to
certa in commercial replacement proj ects.
The ordinance is now
presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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APR 1 1 1995
..
CA:f\atty\munl\laws\mhs\eqrech2
City Counc1l Meeting 4-11-95
Santa Monical Californ1a
ORDINANCE NUMBER 1796 (CCS)
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND REENACTING
THE EARTHQUAKE RECOVERY ACT
WHEREAS, on Apr1l 19, 1994 the Clty Counc1l adopted Ordinance
Number 1736(CCS), the Earthquake Recovery Act, establishing
procedures and standards for repa1r and reconstruction of
earthquake damaged structures; and
WHEREAS 1 on July 261 1994 and August 91 1994 the C1ty counc11
adopted Ord1nance Nos. 1755(CCS) and 1764(CCS) adding and amend1ng
part1cular sect10ns of the Earthquake Recovery Act; and
WHEREAS, lt 15 necessary to amend the Earthquake Recovery Act
to allow greater flexib1ll.ty 1n development restrictions under
certaln c1rcumstances for the reconstruction of earthquake damaged
bUlldlngs; and
WHEREAS, for clarity, ease of adm1n1stration; and publ1C
convenience, lt 1S desirable to reenact the Earthquake Recovery Act
ln 1ts ent1rety to reflect previous and current amendments;
1
,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The city Council finds and
declares:
(a) Numerous residential and commercial buildings 1n the City
of Santa Monica experienced substantial damage due to the January
17, 1994 Northridge earthquake and its aftershocks. Citywide, more
than 2000 dwelling units and 135 non-residential structures were
significantly damaged. As a result, resldents have been dlsplaced
from their homes and businesses, and owners face the task of
rebuildlng damaged structures. Wlthout a streamll.ned permit
process, fam1lies may be left homeless, neighborhoods will continue
to exper1ence the negative effects of unrepaired build1ngs, and
economlC hardships wlll result from the delay 1n reconstruct~on.
(b) Many of the build1ngs wh~ch were damaged are currently
nonconform1ng with respect to density, setbacks, height, floor area
rat~a, or other code requlrements. Under existlng zonlng ordlnance
provlsions, if damage to a structure equals or exceeds one-half of
replacement costs immediately prlor to such damage, the structure
must conform to current ZODl.ng upon rebuildlng. Adherence to these
zonlng provisions would sl.gn~ficantly delay rebuilding and
recovery.
(c) In addition, numerous
houslng unlts than allowed by
damaged build1.ngs
current zoning.
contain more
If current
2
.,
rebu1lding provisions were followed, there 1S the potent1al for a
loss of housing units on these sites.
(d) In order to preserve the city's hous1ng stock, to
encourage rapld rebu1ld1ng of res1dential and commercial
structures, to maintain the city's existing res1dent1al and
commercial character, and to otherwise promote the public welfare,
~t 1S necessary to adopt an expedited permit process for
rebu1ld1ng, and reconstruction standards which encourage
rebuilding.
(e) This Ordinance creates a new permit, an Earthquake
Recovery Perm1 t, which w1ll be ava1lable until April 19, 1996. An
Earthquake Recovery Perrn1t w1lI author1ze repair and reconstruction
of earthquake damaged structures to the1r pre-earthquake cond1 tion.
The Ord1nance also establishes an expedited review process, 1n
Wh1Ch the level of reVlew depends upon the extent of damage to the
structure and the overall Slze of the proJect. This Ordlnance sets
property development standards, allowlng In-k1nd repa1r or
reconstruct1on of legal nonconform1ng structures w1thout complYlng
w1th current zon1ng requirements. The Ordinance also delineates
the bUllding standards appl1cable to repair and reconstruct1on/
Wh1Ch depend upon the magnitude of damage to the structure. The
ordinance establishes reoccupancy r1ghts for d1splaced res1dential
tenants of bU1ld1ngs requlr1ng repalr or reconstruction.
(f) In order to preserve some level of affordability of
res1dentlal rental units, and at the same time prov1de an incent1ve
to rebulld, thlS Ordinance allows residential rental structures
3
i
which are demolished and reconstructed to increase in Slze by
fifteen percent (15%). An affordable houslng obligat1on is also
created for structures requiring a removal permlt from the Rent
Control Board. The obllgation may be satlsfied by complying with
any Rent Control Board imposed affordable housing obligatlon, or by
deed restricting twenty-five percent (25%) of the units to be
affordable to low and moderate 1ncome households, with the
remainder of the units uncontrolled at market rents.
(g) Finally, this Ordinance repeals the major1ty of the
emergency ordinances adopted since the Northridge earthquake, and
lncorporates key provislons of those ordinances which are 1ntended
to remain 1n effect.
SECTION 2. Definitions. Words used in this Ordinance shall be
defined as provided ln this Section. Words not spec1fically
defined in this Ord1nance shall be def1ned as set forth in the
zon1ng Ordinance.
(a) Affordable Houslng Unit. A rental unlt meetlng
the requlrernents of Sectlon 5 of this Ordlnance Wh1Ch 1S
affordable to a household with low or moderate lncome.
(b) Chanqe of Use. For residential structures, a
change to non-resldential use, a change from apartments
to condomlniums, or withdrawal from the rental hous1ng
market pursuant to the Ellis Act after the January 17,
1994 Northridge earthquake; for non-resident1al
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..
structuresr
any
use with
a
different
park1ng
requirement.
(c) Cost of Repair. The estimated cost to repa1r
or reconstruct to be determined by the City based upon
information provlded pursuant to section 6(a) of th1s
Ordinance. Cost of repair shall include the cost of
including any addit10nal square footage allowed as a size
1ncent1ve pursuant to this Ord1nance.
(d) Current Technlcal Codes. The prov1s1ons of
Santa Monica Mun1cipal Code Chapter 8.04, and any other
construction related technical codes adopted by the C1ty,
1n effect at the t1me of issuance of the bUl1ding perm1t.
( e) Earthquake Damaqed Structures. structures
damaged by the Northridge earthquake or ltS aftershocks
for which the cost of repa1r exceeds $1.00 per square
foot of building area.
( f) Earthquake Recovery Permit. A perml t to
repa lr , or remove and reconstruct r earthquake damaged
structures or portions of earthquake damaged structures,
1ssued pursuant to thlS Ordlnance.
(g) In-kind. In-k1nd means that, exclud1ng any
Slze Incent1ve allowed by this Ord1nancer and except as
necessary to comply with requlred Current Technlcal Code
provislons:
5
,
(1) The square footage of the proposed
structure does not exceed the amount which ex~sted in the
buildlng pre-earthquake;
(2) The number of dwelling un1ts is the same
as the number eX1sting 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;
(4) The setbacks are no less than those which
existed pre-earthquake;
(5) The number of parking spaces provided 1S
no less than the parking provided pre-earthquake (unless
the structure is located ln the Downtown Parking
Assessment District);
(6) Lot coverage is no greater than that which
eXlsted pre-earthquake;
(7) Landscaplng, trash and recycling
enclosures are substantially similar to those exist1ng
pre-earthquake; and
(8) There 15 no change in use except as
spec1f1cally allowed by th1S Ordinance.
(h) Landmark ellqible. A structure meeting one or
more of the following criteria:
(1) Listed on the National Register of
Historic Places;
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(2) Listed on the California Register of
Hlstorlcal Resourcesj
(3) Designated as a city Landmarkj
(4) Ident1f1ed In the City of Santa Monica
Hlstor1c Resources Inventory Volumes II II, and III, and
evaluated as: (a) eligible for the Natlonal Reg1ster of
Hlstoric Places as an individual structure or as part of
a d1strlct or (b) eligible for designation as a city
Landmark.
(i)
New
Construction.
For
non-res1dential
structures, any construction WhlCh 1S not 1n-klndj for
residential structures, any construction Wh1Ch, excluding
any Slze Incentive allowed by this Ordlnance, 15 not In-
klnd.
()) pre-earthquake. The conditions existing
immed1ately prior to the January 17 I 1994 Northrldge
earthquake.
(k) Reconstructlon. The in-klnd restoratlon or
rebu1lding of an earthquake damaged structure In which
more than 50% of the exterior walls are removed to the
foundation.
(1) Repa1r. The 1n-klnd restoratlon of an
earthquake damaged structure ln which no more than flfty
percent (50%) of the exter10r walls are removed to the
foundatlon.
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(m) Replacement Value. The estimated cost of
replaclng the earthquake damaged structure, to be
determined by the City using the most current BUllding
Valuation Table published by the International Conference
of Build1ng Officials.
(n) Resldential Rental Prolect. A parcel
contain~ng two or more rental dwelling units not held in
condominlum or cooperative ownership. Any project for
which a TORCA applicat10n has received final City
approval shall not be cons~dered a Resident1al Rental
Project.
(0) Significant Des1gn Change. The archltectural
style of a building, building footprlnt, or the majorlty
of the exterior buildJ.ng materials are substantially
different from that which existed pre-earthquake.
(p) Size Incentive. An incentlve allowing a total
square footage increase af 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 houslng
unit pursuant to a rental housing agreement.
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SECTION 3. Appllcability.
ThlS Ordlnance authorizes the
lssuance of an Earthquake Recovery Perrn1t only for In-klnd repalr
or reconstruction of earthquake damaged structures. Any
appllcat10n for repa1r, demol1tion, or replacement of earthquake
damaged structures involving other than in-k1nd repair or
reconstruction shall be considered an application for New
Construction.
An applicat10n for an Earthquake Recovery Perrnlt shall be
processed and evaluated pursuant to the prov1sions of this
Ordinance. The provlsions of thlS Ordlnance shall not apply to
applications for New Construction except as provlded ln Section
4(f). An application for New Construction shall be processed and
evaluated under appllcable Municlpal Code provisions, 1ncluding
Subchapter 9.04.18 of the Zon1ng Ordlnance concern1ng the repalr
and alteration of nonconformlng bU1lding and uses.
SECTION 4. Earthquake Recovery Permit Development Standards
and Use Restr1ctions. An Earthquake Recovery Permlt authorlzes In-
klnd repalr or reconstruct1on, subJect to the followlng prov1Slons:
(a) Nonconforrn1ng BU1ldinqs and structures. Any
legal nonconforrnlng building or structure otherwise
gualifYlng for an Earthquake Recovery Perrnlt may be
reconstructed to lts prevlous nonconforrnlng status. Any
residentlal unlt created without a building perrn1t, and
registered with the Santa Monlca Rent Control Board (a
"bootleg unit"), may be repaired provided the unlt meets
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minimum habitability standards. Residential Rental
proJects which are reconstructed pursuant to th1S
Ordinance and whJ.ch contain one or more bootleg units may
count those units ln the total number of un1ts which may
be reconstructed provided all reconstructed units meet
the requJ.rements of the Current Technical Codes.
(b) change in Use. No change in use shall be
allowed for a residential structure. For a non-
residentJ.al structure, a nonconfornung use may be
resumed after repa1r or reconstruction, or may be
replaced WJ.th a conformlng use, and a conformlng use may
be changed to another conformlng use; however, ~n 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 nonconformlng retail use, and
nonconformlng retail use shall not be replaced Wl. th
nonconforming office use.
(c) Size Incentlve. A Residential Rental ProJect
qualifying for an Earthquake Recovery Permit is entitled
to a Size Incentive. A Size Incent1ve allows a total
square footage 1ncrease 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 units. A reconstructed building qualifying
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for a Size Incentive may have lot coverage or setbacks
which vary from those of the pre-earthquake structure,
but no new nonconformity 1n lot coverage or setbacks may
be created, or any eXlsting nonconforml ty 1n lot coverage
or setbacks be increased. Notwithstand1ng the above, a
reconstructed building qualifying for a Size Incentive
may create or 1ncrease a nonconformity in lot coverage or
FAR, lf the total increase in square footage at the
ground level does not exceed f1ve hundred (500) square
feet, and the addition does not create or 1ncrease any
other nonconformlty. A S1ze incentive may not be used to
construct an add~tlonal structure or structures on the
parcel Wh1Ch did not exist pre-earthquake. In mixed-use
proJects, the Slze lncentive may be used only for the
res1dent1al portion.
(d) Parkinq Incentive. A ReSldent1al Rental
ProJect quallfying for an Earthquake Recovery Permit
Wh1Ch is nonCOnfOrID1ng with respect to parking, may add
addi t10nal covered parking spaces provided the addl tlonal
spaces otherwise comply with current Zoning Ord1nance
prov1s1ons. The square footage of the additional park1ng
shall not count toward the f~fteen percent (15%) square
footage 1ncrease allowed under a Size Incentive.
(e) Heiqht Modlf1cations. Notwlthstandlng Sectlon
2(g) (3) of thlS Ordinance, the height of a reconstructed
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commercial structure may be increased above the pre-
earthquake height subject to the followlng conditions:
(1) The structure is located 1n a commercial
dlstrict;
(2) The structure is not adjacent to, or
separated by an alley from any res1dential use;
(3) The pre-earthquake structure was varied In
helghti
( 4 ) The height of the reconstructed structure
does not exceed the maximum height of the highest portion
of the pre-earthquake structure, or the maXlmum height
permitted in the zoning district, whichever is less.
(f) single family home reconstruction and new
construction.
(1) Notwlthstanding the provislons of Sect~on
2(g) (4) and 2(g) (6) of th1s Ordinance, a reconstructed
single family home may have greater lot coverage or
decreased setbacks from those existing pre-earthquake,
provided no pre-earthquake nonconformlty is 1ncreased or
new nonconformlty created, and the structure otherW1se
complies with all other provisions of this Ordinance.
(2) Notwl thstanding Municlpal Code section
9.04.20.1D.03D(d), a project involving new constructlon
of an earthquake damaged single family home may apply for
a variance to be processed pursuant to Part 9.04.20.10 of
the Municlpal Code in order to retaln pre-earthquake
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nonconforming setbacks, if the portion of the structure
Wh1Ch creates the nonconformlty 1S retained rather than
demolished as part of the new construction.
SECTION 5. Affordable Hous1nq Obl1qatlon. The provislons of
the C1ty'S Incluslonary Housing Program, Chapter 9.28 of the
Mun1c1pal Code, shall not apply to any proJect obta1n1ng an
Earthquake Recovery Perm1t, except as specifically 1ncorporated 1n
thlS Sectlon. An affordable houslng obligatlon shall apply to any
ReS1dent1al Rental Project obta1ning an Earthquake Recovery Permit
WhlCh also requires a removal perm1t from the santa Monlca Rent
Control Board. The following affordable housing obligatlons shall
apply:
(a) If the project has an affordable housing
obl1gation imposed by the Rent Control Board, such
obl1gatl.On shall be deemed to sat1sfy the requirements of
th1S Sect1on.
(b) If no affordable housing obl1gatlon 15 imposed
by the Rent Control Board, not less than twenty-flve
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 deflned as set forth 1n Santa Monica
Munlc1pal Code Sectlon 9.28.020.
(c) In determlnlng the number of affordable units
required, the followlng chart shall be utlllzed:
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No. of Units
Reconstructed Low Income Moderate Income
2 0 1
3 0 1
4 0 1
5 0 1
6 1 1
7 1 1
8 1 1
9 1 1
10 1 2
11 1 2
12 1 2
13 1 2
14 2 2
15 2 2
16 2 2
17 2 2
18 2 3
19 2 3
20 2 3
For more than twenty (20) units, the number of
affordable unl.ts requlred shall equal twenty-five percent
(25%) of the number of units bU1lti any dec1mal fraction
of 0.5 or more rounded up to the nearest whole number,
and any deClmal fraction of less than 0.5 rounded down to
the nearest whole number.
The first affordable unit
requ~red may be affordable to low or moderate income
households, and alternating thereafter.
(d) Affordable un1 ts may have reduced s lze or
amenities as
long as there are no
sign1ficant
identifiable differences between the affordable units and
market rate units visible from the exterlor of the
dwelling unlts, and the size of each of the affordable
units 15 equal to average market un1t Slze, or satisfies
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the follow1ng m1nimum total floor area, whlchever 1S
smaller:
o bedroom 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1080 square feet
4 bedrooms 1200 square feet.
(e) The mix of bedroom Slzes of affordable units
shall be substantially similar to the mlX of bedroom
Slzes of the market rate units in the project.
(f) Affordable units shall also comply with the
requirements for inclusionary un1ts set forth 1n Santa
Monica Municipal Code Sections 9.28.060(c), 9.28.100,
9.28.110, 9.28.130, and 9.28.140.
(g) Applicability of this Sectlon to Properties
Wlthdrawn Pursuant to the Ellis Act. Any project
~nvolv1ng a parcel contalnlng two or more dwelling units
WhlCh, at the tlme of the January 17, 1994 Northrldge
earthquake, had been w1thdrawn from the rental market
pursuant to the Ellis Act and which otherwise quallfies
for and obtains an Earthquake Recovery Permit shall
comply w1th the 25% affordable housing obligation of thlS
section 5 should any of the unlts be rented after repair
or reconstruct1on.
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SECTION 6. Earthquake Recovery Permlt Application. To
request an Earthquake Recovery Permit, the applicant must submit a
complete application on a form provlded by the Planning and Zon1ng
Dlvision in addition to any other mater1al, reports, dimens10ned
plans, or other lnformation 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
proflt, overhead and insurance cost.
(b) For structures that have been posted with
either a no entry notice (Red-tagged) or I1mited entry
notice (Yellow-tagged), a written structural analysls of
the structure prepared by a licensed englneer 1n
accordance with the standards provided by the BUllding
and Safety Division.
(c) Two sources of documentat1on of the pre-
earthquake condition of the property or structure
sufficient to enable the city to determine whether the
project involves in-kind repalr or reconstructlon.
Documentatlon may include: approved building perm1tsi
approved construction drawings; surveys from licensed
surveyors; county assessor information; cert~fied
property appralsals; Sanborn maps; reports or drawlngs
prepared by an insurance company to support damage
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claims; photographs; C1ty planning records; or any other
ver1fiable 1nformatlon.
SECTION 7. ReV1ew process. Each application for an
Earthquake Recovery Permit shall require plan check approval as the
final review pr~or to issuance of the Earthquake Recovery Perm1t.
In addition, the follow~ng procedures shall apply:
(a) Where the cost of repair 15 less than fifty
percent (50%) of the replacement value of the structure,
or where less than fifty percent (50%) of the exter10r
walls are removed to the foundation (regardless of cost
of repair), the following review or reviews wl.ll be
required:
(1) If there is not a sl.gn1f1cant design
change from the origl.nal des1gn, plan check only.
(2) If the project 1ncludes a Size Incentive,
Admin1strative Approval ("M") is requ1red.
(3) If there is a signif1cant deslgn change,
Architectural Review Board ("ARB") reV1ew is required.
single faml.ly homes are not subject to ARB reVl.ew
pursuant to this subsectlon unless the structure 1S also
landmark eligible.
If an application requires both AA and ARB
rev1ew, AA reVl.ew shall precede ARB rev~ew.
(b) Where the cost of repair equals or exceeds
f1fty percent (50%) of the replacement value of the
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structure, and fifty percent (50%) or more of the
exterlor walls are removed to the foundation, but the
development on the parcel 1.5 below the development review
threshold for the district in which 1t is located, ARB
review shall be required. If the proJect includes a Slze
Incentive, AA Review shall also be required prlor to ARB
review.
(c) Where the cost of repair equals or exceeds
flfty percent (50%) of the replacement value and fifty
percent (50%) or more of the exterior walls are removed
to the foundation, and the development on the parcellS
above the development review threshold for the dlstrict
in which it 1S located, Plannlng Commission review is
required prior to plan check. ARB review shall not be
required for any project requiring Plannlng COIDm1ssion
review.
(d) Hearings and Notlce. Review by the ARB or
Planning Commission shall requlre a public hearing, to be
noticed and conducted substantially in compliance with
the provisions of Section 9.32.180 of the Municipal Code
for ARB hearings, and Part 9.04.20.22 of the Zoning
ordinance for Planning Commission hearJ..ngs. For Plann1ng
commission hearings, notice shall be glven to all owners
and resldential and commercial tenants of property within
a radius of 300 feet from the exterior boundar1es of the
property lnvolved in the application.
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(e) Issuance of Building Permit. A bU1ldlng permit
shall be issued only after the application has received
all approvals requ1red under this Section, and after
approval 1S granted from the California Coastal
COmTIllSS10n 1f requlred. A project may apply for an
Earthquake Recovery Permit before obtaining a removal
permlt or determlnation that a removal permit is not
required from the Rent Control Board. A building permit
shall not issue, however, until such removal perm1t or
determination is granted.
(f) Demolition Perm1t. Projects rece1v1ng a
Earthquake Recovery PerIn t pursuant to this Ord1nance
shall not requ1re a separate demol1tion perrnlt.
Demollt~on may occur at any time after the bU1lding
permlt 15 granted, and while the bU1ld1ng permit is st1ll
valid. Demolition other than pursuant to an Earthquake
Recovery Permit shall require a demol1tlon perrn1t
pursuant to applicable Mun1clpal Code prov1slons unless
the demolition was ordered by the City's NUlsance
Abatement Board.
(g) Appeals.
Act10n of the ARB and Plannlng
Commlsslon shall be appealable pursuant to the provisions
of Sect10n 9.32.160 of the Mun1c1pal Code and Part
9.04.24 of the Zoning Ordinance, except that the appeal
of any ruling of the ARB or Planning CommlSS1on must be
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made wlthin five (5) days of the date that such ruling is
made.
SECTION 8.
shall govern the
Recovery Permit:
(a) AA Review. AA approval shall be granted if the
proJect plans reflect In-kind repair or reconstructlon,
and any additional square footage, height or FAR complies
with the Size Incentive requirements of this Ordinance.
(b) ARB Review. The ARB, or Planning commisslon
on appeal, shall grant approval if both of the following
findings can be made:
(1) The structure's architectural deslgn is
substant1ally similar to the pre-earthquake design; or,
if a significant design change is involved, the
structure's archltectural design 1S compatible w1th the
general area in which it is located.
(2) If the structure is landmark ellgible, the
repair will not compromise the architectural or
h1storlcal integrlty of the structure or potential
district; or, if reconstruct1on is involved, based upon
an estimate from a professlonal experienced In
rehabil1tation of hlstoric structures, 1t lS not
economically feasible to repair the structure.
Standards for Revlew. The followlng standards
review of an application for an Earthquake
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(c) Plann1nq CommlSS1on Review. The Plann1ng
Commlssion, or city council on appeal, shall grant
approval if all of the following find1ngs can be made:
(1) The structure's architectural design 1S
substantlally 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 1n which it 1S located.
(2) The plan for the proposed building or
structure 1S expressive of good taste, good deslgn, and
1n general contr1butes to the lmage of Santa Monlca as a
place of beauty, creat1vity and individual1ty.
(3) The proposed building or structure 15 not
of inferior quality such as to cause the nature of the
local ne1ghborhood or environment to mater1ally
deprec1ate in appearance and value.
(4) If the structure 1S landmark elig1ble, the
repa1r w1ll not comprom1se the architectural or
h1stor1cal 1ntegrity of the structure or potential
distr1ct; or, if reconstruction is lnvolved, based upon
an estlmate from a profess1onal experienced 1n
rehabllitat10n of historlc structures, 1t lS not
economically feaS1ble to repair the structure.
(d) Plan Check. Plan check review w1ll be llID1ted
to the issue of whether the proJect complies wlth the
requirements of this Ord1nance.
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(e) Conditions of Approval. In granting approval
of an Earthquake Recovery Permit, the ARB, Plannlng
Commisslon, or City Councll on appeal, may impose only
such conditions as may be deemed necessary to br1ng the
project lnto compliance with this ordinance, or as
necessary to enable the requlred findlngs for approval to
be made.
SECTION 9. Duration of Penult. The rights granted by an
Earthquake Recovery Perm1t shall expire If a building permit is not
lssued by April 19, 1996, or 1f the bUllding permit expires. No
extenslons of an Earthquake Recovery Permit shall be granted.
After expiration of an Earthquake Recovery Permit, any subsequent
application shall be considered an applicatlon for New
Construction.
SECTION 10. Composition of ARB. For purposes of ARB review
of an application for an Earthquake Recovery Permit involving a
landmark elig1ble structure, structure of merit, structure wlthin
a hlstorlC district, or structure identified on the city Hlstoric
Resources Inventory, Volumes 1, 2, and 3 as of January 17, 1994,
two (2) members of the Landmarks COInInlssion, appointed by that
body, shall serve as additional voting members of the Architectural
ReVlew Board. Five (5) affirmative votes shall be requlred for
approval.
22
SECTION 11. Composltion of Planning CommlSSlon. For purposes
of Plannlng CommlSSlon review of an applicatlon for an Earthquake
Recovery Permit, one (1) member of the Archltectural ReVlew Board,
appolnted by that body, shall sit with the Plannlng Comrnisslon and
may vote on that permit. Five (5) affirmatlve votes shall be
required for approval.
SECTION 12. Buildinq Standard Compllance.
bUlldlng standards govern any work performed
Earthquake Recovery Permlt:
(a) When the cost of repalr does not exceed ten
percent (10%) of the replacement value of the structure,
only the damaged portlon of the structure may be restored
to the pre-earthquake condltlon wlthout complYlng wlth
Current Technical Codes. NotW1 thstanding the above, when
the repair includes repair to suspended ceiling systems,
the repalr must comply wlth Current Technical Codes.
(b) When the cost of repalr lS greater than ten
percent (10%) but less than fifty percent (50%) of the
replacement value of the structure, the damaged elements,
as well as the essential ties and support elements
assoclated wlth the damaged elements, shall be brought
lnto 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 followlng
pursuant to an
23
the entire structure shall be brought lnto conformance
with the Current Technical Codes.
(d) Landmark eligible buildings shall comply wlth
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 modlficatlon is
consistent with Part 8, Title 24, Callfornia Code of
Regulations, the state of California Historical Building
Code.
(e) Notw~thstandlng (a) - (c) above, the provlslons
of Ord1nance Number 1729 (CCS) concerning repair and
reconstruction criterla for unrelnforced chimneys and
walls over 42 inches in height shall apply to any project
obtalning an Earthquake Recovery Permit.
(f) The standards of this Section shall constitute
m~nimum standards. Nothlng in th~s Section ~2 shall be
construed to prohibit an owner from repairing or
reconstructing a structure to a higher standard than set
forth ln this Section.
(g) When compliance with this Section ~2 requires
modification to pre-earthquake square footage, height,
setbacks, or other pre-earthquake conditlons, such
mod.1.fication shall be deemed to be lIin-kind" only lf lt
is the sole means by which compllance with this section
can be achieved.
24
SECTION 13. Compliance with Other Laws. Except as otherwise
speclfically provided in this Ordlnance, projects obtalnlng an
Earthquake Recovery Permit shall not be requlred to comply wlth the
followlng provis~ons of the Santa Monica Mun1cipal Code:
(a) Chapter 7.10 concerning Urban Runoff Pollution;
(b) Chapter 9.04 concernlng Zoning Regulations;
(c) Chapter 9.28 concerning Inclusionary Houslngi
(d) Chapter 9.32 concerning Architectural ReVleWj
(e) Chapter 9.36 concerning Landmarks and Hlstorlc
Districts; and
(f) Chapter 9.40 concerning the Third Street
Nelghborhood Historic District Standards.
Except as specifically exempted in this Sect1on, projects
obtaining an Earthquake Recovery Permit shall comply with the
Munlclpal Code and all other applicable laws and regulat1ons. For
purposes of Chapter 9.52, the Santa Monlca slgn Ordinance,
nonconformlng slgns removed during work performed pursuant to an
Earthquake Recovery Permit shall not be replaced, or shall be
modlf1ed to conform to the requlrements of the Sign Ordlnance.
SECTION 14. Rlght of Dlsplaced Tenant to Reoccupy Resldential
Housinq Unit. A tenant displaced from a residentlal houslng unlt
In an earthquake damaged structure shall be entitled to reoccupy
the unlt ln accordance with the followlng provislons:
(a) Any owner who reconstructs a resldentlal
houslng unlt pursuant to an Earthquake Recovery Permlt
25
shall f1.rst offer the reconstructed un1.t for rent or
lease to any tenant who has been displaced from the unit
due to the need to undertake the reconstruction. Th~s
offer shall be made in the manner established by
subdivislons (b) and (c) of th1.S section and shall only
be required if the tenant has previously provided the
owner with wrltten notice indicating hlS or her des~re
to renew or reestablish the tenancy and providing an
address to which the owner should mail the offer. That
tenant should advise the owner at any time durlng the
displacement perlod 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 perrnlt authorlzlng the
reconstruction, the owner shall submit a good falth offer
to renew a rental agreement or lease on terms permitted
by law to any displaced tenant who has complied W1.th the
requirements of subdivlsion (a) of this Section. The
owner shall also lnforrn the tenant of the expected date
that the unit will be available.
(c) This offer shall be deposited ~n the United
states mall, by registered or certified first class mall
w1th postage prepaid, addressed to the displaced tenant
at the address furnlshed to the owner as prov~ded ~n this
section and shall describe the terms of the offer. The
displaced tenant shall have thirty (30) days from the
26
deposit of the offer in the mail to accept the offer by
personal delivery of that acceptance or by deposit of the
acceptance in the Unlted states mail by reglstered or
certlfied flrst class mail wlth postage prepaid.
(d) within five (5) days after flnal City sign-off
on the building permit authorizing the repair of an
earthquake damaged structure, any owner who recovered
possess~on of a residential housing unit due to the need
to undertake the repairs shall notify the displaced
tenant that the unl t is ready for reoccupancy. Any
tenant who has been dlsplaced from such a unl t for a
period exceeding fourteen (14) days shall have fourteen
(14) days from the receipt of the owner's notlce to
reoccupy the unlt and recommence rent payments. This
notlficatlon shall be made in the manner established by
subdivls10n (e) of this Sectlon and shall only be
requlred if the displaced tenant has prevlously provlded
the owner with written notlce lndlcating hlS or her
desire to reoccupy the unit and provlding an address to
WhlCh the owner should notlfy the tenant that the unlt is
available for reoccupancy. That tenant should advlse the
owner at any tlme durlng the dlsplacement perlod of a
change of address to WhlCh the notification should be
sent.
(e) The notification to a dlsplaced tenant that
h1s/her unit lS ready for reoccupancy as required by
27
subdivision (d) of this Section shall be depos1ted ln the
Un.1.ted States mail, by registered or certlfied first
class mail with postage prepa.1.d, 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 Address" 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 provlded to
an owner or a displaced tenant under this Section shall
be provided to the Santa Monica Rent Control Board wlthin
five (5) business days after it is provided to the owner
or displaced tenant.
(h) No owner or agent of the owner shall rent a
residentlal housing unlt 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 complYlng with thlS Section.
(i) Any displaced tenant may prosecute a civil
actlon to enforce this Section. The relief available to
the tenant in such an actlon shall lnclude money damages,
equitable relief, and reasonable attorneys' fees.
28
(j) The rlght of a d~splaced tenant to renew a
tenancy or reoccupy a residential houslng unlt as
established in this section is ~n addition to any rlght
to reoccupancy or renewal that may otherwise be
authorlzed by law or contract.
(k) Notw~thstanding any provision of Sect10n 5 of
this Ordlnance to the contrary, a d~splaced tenant may
have prlority for the rental of affordable housing units.
ThlS prlority wlll be established by admlnistrative
regulation to be adopted by the city's Housing and
Redevelopment Div1sion.
SECTION 15. Constructlon Hours and construction Rate proqram.
construction hours for all construction, whether pursuant to an
Earthquake Recovery Permit or otherwise, shall be 7:30 a.m. to 7
p.m. Monday through Frlday, and 9 a.m. through 6 p.m. on Saturday.
The provlsions of the North of Wilshlre Constructlon Rate Program
shall not apply. The provlslons of thlS Sectlon 15 shall no longer
be effective after Apr1l 19, 1996.
SECTION 16. Certlflcate of Economic Hardshlp. An applicatlon
for a certificate of EconomlC Hardsh~p for any Landmark, or
bUllding or structu~e within a Hlstor1C Distrlct, WhlCh 15 filed In
connect1on with an application for a demolltlon permlt for a
structure WhlCh has been posted with a no-entry (red-tagged) or
limlted entry (yellow-tagged) notice as a result of damage caused
29
by the January 17, 1994 Northrldge Earthquake or its aftershocks
("Earthquakell) shall be subject to the provisions of Chapter 9.36
of the Munlcipal Code, except as amended below:
(a) Timelines.
(1) Any application filed pursuant to Sectlon
9.36.170 shall be deemed complete or incomplete wlthin
seven (7) working days after the Planning Division
receives a substantially complete application together
with all informatlon, plans, speclfications, statements
of work, and any other materials and documents requlred
by the appl~cat~on form supplied by the City.
(2) The public hearing required by Sect~on
9.36.170(c) shall be held within forty-five (45) days of
the date on which an application for a Certiflcate of
Economic Hardsh~p was deemed complete.
(3) The notlce of publlC hearlng requlred by
Section 9.36.170(c) shall be given not less than seven
(7) days before the date scheduled for the hearlng.
(4) The time in which the Commisslon must
render a decision on the applicat~on pursuant to Section
9.36.170(d) shall be not later than Slxty (60) days after
the application was deemed complete.
(5) Any notice of appeal filed pursuant to
Section 9.36.180(b) concern~ng Commlssion determination
on an application for a Certificate of Economic Hardship
must be filed within five (5) working days of the date
30
that such determ1nation was made or deemed approved or
dlsapproved.
(6) The hearing requlred by Sectlon 9.36.180 (c)
shall be held within thirty (30) days after the notice of
appeal lS properly filed with the Director of Planning
and the Clty Clerk.
(7) The notlce of public hear1ng requ1red by
section 9.36.180(d) shall be given not less than seven
(7) days before the date scheduled for the hearing.
(8) The investigation, recommendat1on, and
other actlons required by Section 9.36.160(d) shall not
cause a delay 1n the applicatlon, but shall be completed
wlthin the tlme specified 1n Subsect10n (a) (4) above.
(9) The time per10ds speclfied In subsectlons
(a) (1) through (a) (8) above may be extended upon mutual
agreement of the Comm1SSlon and applicant.
(b) EV1dence on Appeal. Except for addi t10nal
eVldence or testlmony speclfically requested by the Cl ty
Counc1l, the Clty Council on appeal shall rely on the
evidence presented to the Landmarks CommlSSlon.
Addltlonal eV1dence may be submitted to the C1ty council
only lf such evidence could not feasibly have been
presented to the Landmarks Comrniss1on. Nothlng in this
section lS lntended to affect the ability of the publlC
to test1fy at the publ1C hearlng on the appeal, or to
prevent the submittal of rebuttal testimony the necessity
31
of WhlCh would not have been evident prior to the
Landmarks commission hearing.
SECTION 17. california EnVlronmental Quality Act (IICEQAII)
Exemption. Notwithstanding existing city CEQA Guidelines, pursuant
to section 15269 of the state CEQA Guidelines and the State of
Emergency declared by the Governor of California, projects
undertaken pursuant to an Earthquake Recovery Permit shall be
considered categorically exempt from the requirements of CEQA.
SECTION 18. Fee Waivers. The city council authorizes the
city Manager or his or her designee to waive payment of any permlt
processing fees or such other applicable fees as may otherwise be
necessary for the repair and reconstruction of earthquake damaged
bUlldings or structures, if the City Manager in his or her sole
discretlon deems such waiver appropr1ate to facilitate the speedy
repalr or reconstruction of any bUllding or other structure damaged
by the January 17, 1994 earthquake or 1ts aftershocks.
SECTION 19.
1725(CCS), 1730(CCS),
hereby repealed.
Ordinance Numbers 1720 (CCS) , 1722 (CCS) ,
1736(CCS), 1755(CCS), and 1764(CCS) are
SECTION 20. Any proviSlon or provisions of the Santa Monlca
Municlpal Code or appendices thereto, inconslstent wlth the
provisions of this Ordinance, to the extent of such lnconsistencies
32
.
and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 21. If any section, subsection, sentence, clause, or
phrase of thlS Ordlnance lS for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of all
remaining portlons of thls Ordinance.
The City Councl1 hereby
declares that it would not have passed this Ordinance if any
portlon, section, subsectlon, sentence, clause, or phrase would
subsequently be declared invalid or unconstltutional.
SECTION 22.
The Mayor shall slgn and the City Clerk shall
attest to the passage of thlS Ordinance.
The city Clerk shall
cause the same to be publlshed once ln the official newspaper
wlthln 15 days after its adoption.
ThlS Ordlnance shall be
effectlve 30 days from its adoption.
APPROVED AS TO FORM:
~~~
MARSHA JONE~MOUTRIE
City Attorney
33
.
.
;fJ~
~~
Mayor
State of CalIforma )
County of Los Angeles) S5
Cltv of Santa Moruca )
I, Clance E. Dykhouse. CIty Clerk of the Cuy of Santa MOnica. do hereby certIfy that the
foregomg Ordmance No 1796 (CCS) had Its first readmg on March 28, 1995 and had Its
second reading on Apnl 11. 1995 and was passed by the followmg vote
Ayes Councllmembers
Genser. Greenberg. Ebner, Rosenstem. Abdo.
O'Connor. Holbrook
Noes: Councllmembers
None
Abstam Councllmembers
None
Absent: Councllmembers
None
ATTEST.
//~l/N/ ~ fJ)!~
City Clerk