SR-8A (18)P&Z:DKW•f:~plan~share~pc~strpt\eqcc
C~Yy Courc~~. Mtg: March 28, '995
TO r7ayor and Ciiy Council
FROM: City Staff
~9i~
MAR 2 8 ~95
Santa Morica, California
SUBJECT: Propased Ordinance Amen.ding th~ Earthquake l~ecovery Act
~o A].low Var~.ations ir Height and Retention of Non-
Conforming Setbac~~s in Specifaed Circ~tnstances for
l~eplacement Bui~dings
INTRODUCTION
Proposed =s the amendment of Ordinance ~736 (CCS), tne "Earthquake
Recovery Act'" to clarify the ordinance, and ~c address several
si~uat~ons ~rvolvin~ the replacement o= earthquake-damaged
build=ngs. Tre purpose of the amendments ~s to en.hance the
flexip~llty of the ordinaz:ce ~o that these situa~ions can be
addressed. The revised ordirance repeals and replac~s Ordinance
1736 and ~wo other earthquake-related ordinances, the provisions of
which have been i~corporated into the revised ordinance
BACKGRO ~IND
O-rdinance 1735 was adopted by the City Council in Apri1 1994
~ollowing Lhe devastating January 17, ?994 Northridge earthquake.
"'he ordinance allows the "in-kind" replacement cf severely-damaged
~truc~.urzs, provided, amang other parametexs, ~hat the replacement
bui~dings are of the sa~e o~ le~ser square ~ootage and heignt;
setbacks are the same or gYeater, and Iat caverage -~s the same ar
less than the or~gi~al bu~~cii?~g. The ord~nance has been effective
~` ':~~ -
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~~ 2 $ ~~ a
such goods.
~~~~e~ Averaqe Natural Ca~~c. The average elevation
af the ground level of the parcel surface in its natural
state as measured ~~ ~ :: ~he c~~::c~ ~ ~ : : ~~ ~ ~ •~ - :•~•~'• _~~ ~ .
• •~ r• - ~' : I - :~: •; • :,~.. ~ ~ . ~ f :i , ,. . . .:.c• . ~~.
~~`_~-~^~ 11~~ ~ of the parcel. ::~::~;;~~ ~.. ~......~~~~~.. ..~t~
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Grade, Theoretical. An imaginary line from the
midpoint af the lat ~~• • on the frant property line to
the midpoint of the lot :, i:~ • on the rear property line,
.. ..' • ,.~i .R ~ . • ~:.~•~, i: t •+ .~ I -k I'~:-.~ -
19
~~ 0~?
repiacer:-en~ pro~ect o~rerwise conformed to t~~e "in-kind" provisions
of O~dinance 1735 and to fcur special f~ndings, the proposed
a~rendment would a11ow this type of repiacement project ~o qualify
u~der the ordinance.
o Section ,41~"f} would be added to address _ssues encounterzd
ir~ retent~on of non-ccr_forming setbacks for ~eplacernent of damaged
single fa~nily homes . Thz amendment would allaw reconstructed homes
to replicat~ 2xisting non-confa~m~ng lct coverage or setbacks, and
to '~ave greater lot coverage or decreased setbacks as compared to
the original house provided the ~ew lot coverage and setbacks
confc~m wi~n current stardards. In additian, s_ngle family home
recons~r~c~icr Fro~ects which see~ to retain intact noncanfarming
portions of th~ original house would be accommodated through a
var=ance ~rocess.
^his new section is intended 4a address sit~aations wne~e earthq~sake-
damaged single ~amily homes are being re~laced; without thi~
amendment, ~hese and similar situatians wauld not qual-fy under the
Ea-~ whq~:ake Recovery Act .
o~ect=or 9 of the Ordir.ance 1736 is amended to reference the
date by Wr_~Cr Ear~h~uake R~cov~ry Permits wi=? nxpire unless a
puild~ng ~er=rit iw obtained. Sect~an 14 is s~.rn~~a~lY arnended.
o Sec~ion 17 of Ordinance 1735 is renum}~ewed a5 Sectian 18,
-,
~
and reference is mad~ to repeal of additional ear~hquake ordinances
beyond those previously listed, the ~rov~s'_ons o~ which have been
incorporated _~to the amended ordinance. These include Ordinance
1735 ;the Earthquake Recovery Acil, Ordinance i7S5 pertaining to
n•llis Act and reoc~upar:cy issues for earvhquaKe damaged buildings,
and Crdinance 17&4, addressing ~ert~f~cates o~ Econ~mic Hardship for
red and ye~=ow tagged s~ructures
3uDGET/FINANCIAL INPACT
The ~roposed amend~~ents would have no budget/financial impact.
~ECOM~lEi~TDAT I ON
S~aff rzcomm2nds that the City Council introduce for first reading
tre o~dina„ce setting £orth the propased amendmen~.s ta th~
Eart~auake Recovzry Act.
Prepared by• Suzanne Frzck, PCD Directar
Kenyon Webster, Planning ~'lanager
vS
~
CA:f\atty\muni~laws\mhs\eqrech
City CounciZ Meeting 3-28-95 Santa Mon~ca, California
ORDINANCE NUMBER (CC5)
(City Council Series)
AN ORDINANCE ~F THE CITY COUNCIL ~F THE
CITY OF SANTA MONICA AMENDING AND REENACTING
THE EARTHQUAKE RECOVERY ACT
WHEREAS, on April 19, 1994 ~he City Council adopted Ordinance
Number 1736(GCS}, the Earthquake Recovery Act, establishing
procedu~es and standards far repair and reconstruction of
earthquake damaged structures; and
WHEREAS, on July 26, 1994 and Augus~ 9, 1994 the City Council
adopted Ordinance Nos. 1755(CCS) and 1764(CCS) adding and amending
particular sect~ons of the Earthquake Recovery Act; and
WHEREAS, it is necessary to amend the Ear~hquake Recovery Act
ta a1~aw greater flexibility in development restrictions under
certain circumstances for the reconstruction of earthquake damaged
buildings; and
WHEREAS, for clarity, ease of administrat~on, and public
convenience, it is desirable to reenact the Earthquake Recovery Act
in its ent~.rety to reflect p~~V1p115 and current amendmEnts;
1
NOW, THEREFORE, THE CITY COUNCIL OF TH~ CITY dF SANTA MONICA
tiOES ORDAIN AS FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and
declares:
(a) Numerous residential and commercial buildings xn the City
of Santa Manica experienced sub~tantial damage due to the January
17, 1994 Northridge earthquake and its aftershocks. Citywide, mare
than 20Q0 dwe~ling units and 135 nan-residen~ial structu~es were
significantly damaged. As a result, residents hav~ been displaced
from the~r homes and businesses, and owners face the task af
rebuilding damaged structures. Without a streamlined permit
process, families may be left homeless, neighborhoods will continue
to experience the negative affects of unrepaired buiidings, and
economic hardships will result ~rom the delay in reconstruction.
(b) Many af the buildings which were damaged are currently
nonconfo~ming with respect ta d~nsity, setbacks, height, floor area
ratio, or othez code requirements. Under existing zoning ordZnance
pravisions, if damage to a structure equals ar exceeds one-half of
replacement costs immed~ately prior to such damage, the structure
must can~Qrm to current zoning upon rebuild~ng. Adherence to these
zoning provisions ~~ould sig~ificantly delay rebuilding and
recovery.
(c) In addition, numerous damaged buildings contain more
housing units than allowed by current zaning. If current
2
rebuilding provisxons were follawed, there is the potential for a
loss of housing units on these sites.
(d) In order ta 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
rebu~lding, and reconstiruction standards which encourage
rebuilding.
(e) This Ordinance creates a new permit, an ~arthquake
Recovery Permit, which will be available ~~r L:4 :.4n~ ~::~ ~°c:.rM
.i' r: . •••. An Earthquake Recavery Permit will
authorize repair and reconstruction of earthquake damaged
structures to their pre-earthquake condition. The Ordinance alsa
establishes an expedited review process, in which the level af
review depends upon the extent af damage to the strueture and the
overall size of the praject. This Ordinance sets property
development standards, allowing ~n-kind repair or reconstruction of
legal nonconforming structures without complying with current
zoning requirements. The Ordinance a~so delineates the building
standards applicabl~ to repair and reconstruction, which depend
upon the magnitude of damage ~o the structure. The Ordinance
establishes reaccupancy rights for displaced residential tenants of
bu~ldings requiring repair or reconstxuction.
(f) In order to preserve same level af affordabiiity of
residential rental un~.ts, and at the sam~ t~me pravide an incentive
3
to rebuild, this Ordinance allows residential rental structures
which are demolished and reconstructed to increase in size by
fifteen percent (15a). An affordable housing obligation ~s a~so
created for structures requiring a removal permit fram the Rent
Control Board. The ob~igatian may be satisfied by camplying with
any Rent Contral Board i.mposed affordable housing obZigation, or by
deed restric~ing tw~nty-five percent (25~) of the units to be
affordable to low and ~oderate income hauseholds, with the
r~mainder of the uni~s uncontrol~ed at market rents.
(g} Fina~ly, th~s Ordinance repeals the majority of the
emergency ordinances adopted since the Narthridge earthquake, and
incorparates key provisians of those ordinances which are intended
to remain in effect.
SECTI~N 2. Definitions. Words used in this Ordinanc~ shall be
defined as pravided in this Section. Words not specif~cally
defined in this ~rdinance sha~l be defined as set forth in the
Zon~ng Ordinance.
(a) Affordable Housinq Unit. A~ental unit meeting
the requirements of Section 5 of this Ord~nance which is
affordable to a household with 1ow or moderate income.
(b) Chanqe of Use. For residential structures, a
change to non-re~ident~al use, a change from apartments
to candomin~.ums, or withdrawal from the rental housing
market pursuant ta the Ellis Act after the January 17,
1994 Narthridqe earthquake; for n~n-rasidential
4
structures, any use with a different parking
zequirement.
(c) Cast of Repair. The estimated cost to repair
or reconstruct to be determined by the City based upon
informatian provided pursuant ~o Sec~ion 6(a) of this
Ordinance. Cost of repair shall include the cost of
including any additianal square footage allowed as a size
incentive pursuant to this Ordinance,
(d) Current Technical Codes. The provisions of
Santa Monica Municipal Cade Chapt2r 8.04, and any other
construct~on related techn~cal codes adopted by the City,
in e~fect at the time af issuance af the building permit.
(e~ Earthquake Damaqed Structures. Structures
damaged by the Northridge earthquake or its aft~rshocks
for whzch the cost af repair ~xceeds $1.00 per square
faot of bui~ding area.
(f) Earthquake Recovery Perm~.t. A permit to
repair, or remave and reconstruct, earthquake damaged
structures pr porta.ons of earthquake damag~d structures,
issued pursuar~t to this ordinance.
(g) In-kind. In-kind means that, excluding any
Size Incent~ve allawed by this Ordinance, and except as
necessary to camply with required Curren~ Technical Code
provisions:
5
(1} The square faotage of the proposed
structure does not exceed the amount which existed in the
building pr~-earthquake;
(2~ The number of dwellzng units is the same
as the number existing pre-earthquake (although the
number of bedraoms or configurations of units may vary);
(3) The height of the structure is no greater
than ~hat which existed pre-earthquake;
(4) The setback~ are no less than those which
existed pre-earthquake;
(5) The numl~er af parking spaces provided is
no less than the parking provided pre-earthquake (unless
the structure ~.s located in the DoG+~ntawn Parking
Assessment District);
( 6) Lot coverage is no greater than that which
existed pre-earthquake;
(7} Landscaping, tzash and recycling
enclosures are substantially similar to those existing
pre-earthquake; and
{S) There is no change in use except as
specifically allowed by this Ordinance.
(h) Landmark eliqible. A structure meeting one or
mare af the following criteria:
(1} Listed on the National Reg~ster of
Historic Places;
6
(2} Listed an the California Register of
Historical Resources~
(3) Designated as a City Landmark;
(4) Identified in the City of Santa Manica
Historic Resources In~entory Vol~mes I, YI, an~ II~, and
eva~uated as: (a) eliqible for the National Register of
Histaric Places as an individual structure or as part of
a district or (b) eligible for designation as a City
Landmark.
(i) ~ew Constxuct~on. Far nan-residential
s~ructures, any construction which is not in-kind; for
res~dent~al structures, any cons~ructian which, exc~uding
any Size Incentive allowed by this Q~dinance, is not in-
kind.
(j) Pre-earthquake. The conditions existing
immediately prior to the January 17, 1994 Northridge
earthquake.
(k} Reconstruction. The in-kind restoration or
rebuilding of an earthquake damaged structure in which
mor~ than 50% of the exterior walZs are removed to the
foundation.
(i) Repair. The i~-kind restaration of an
earthquakc damaged structur~ in which na more than f ifty
percent (500) of the exterior walls are removed to the
foundation.
7
(m] Replacement Value. The estimated cost of
replacing the earthquake damaged structure, to be
determined by the City using the most current Building
Valuation Tab1e published by the International Conference
af Building Officials.
{n) Resident~al Rental Pro~ect. A parcel
containing twa or more rental dwell~ng units not held in
condominium ar caaperative awnership. Any praject for
which a TORCA application has received finai City
approval shall not be consid~red a Residantial Rental
Project.
(o) Siqnificant Des~~n Chanqe. The architecturai
sty2e of a building, building footprint, or the majQrity
af the exterior building materials are substantially
different from that which existed pre-earthquake,
(p) Size Incentive. An incentive allowing a tvtal
square footage increase of up ta f~fteen percent (15~)
over pre-earthquake square footage on the parcel, and a
total height increase of five feet per structure on th~
parcel; but not allowinq any increase in the number of
dwell~ng units.
{q) Tenant. Any tenant, subtenant, lessee,
sublessee, or any other person occupying a rental housing
unit pursuant to a rental housing agreement.
8
SECTION 3. Applicability. This Qrdinance authorizes the
issuance af an Earthquake Recovery Permit only far In-kind repair
or reconstruction of earthquake damaged structures. Any
application for repair, demalitian, or replacement of earthquake
damaged structures ~nvolving ather than in-kind repair or
reconstruction shall be considered an application for New
Construction.
An application for an Earthquake Recovery Permit shall be
processed and evaluated pursuant ta the provisions of this
Ordinance. The provisions of this Ordinance shall not apply to
applications for New Construction ~~x. •-.. ~ . - . ,~ :l . ' ' - -
~~~}. An application for New Construction shall be processed and
evaluated under appl~cab~e Mun~cipal Code provisions, including
Subchapter 9.04,18 of the Zoning Ordinance concerning the repair
and alteration of nonconforming lauilding and uses.
SECTION 4. Earthquake Recovery Permit Development Standards
and Use Restrictions. An Earthquake Recovery Permit autharizes In--
kind repair ar reconstruction, subject to the fol~owing provisians:
(a) Noncanforminq Buildinqs and Structures. Any
legal nonconforming building or structure other~rise
qua~ifying for an Earthquake Recovery Permit may be
reconstructed to its previous nonconforming status. Any
residential unit created without a building permit, and
registered with the Santa Monica Rent Control Board (a
"bootleg unit"), may be repaired pravicled the unit meets
9
minimum habitability standards. Residential Rental
Projects which are reconstructed pursuant to this
4rdinance and which contain one or mare boatl~g units may
count those units in the ta~a1 number of units which may
l~e reconstructed provided al~ reconstructed units meet
the requirements of the Current Technical Codes.
(b) Chanqe in Use. No change in use shall be
allowed for a residential structure. For a non-
residential structur~, a noncanforming use may be
resumed after xepair or reconstruction, or may be
r~placed with a conforming use, and a canformzng use may
be changed to another conforming use; hvwe~rer, in no
circuinstance may the parking requirement for the new use
exceed the parking requiremen~ for the pre-earthquake
us~. Notwithstanding the above, noncontorming office use
shall not be replaced with nonconform~.ng retail use, and
nanconforming retail use shall not be replaced with
nanconforming office use.
(c} 5ize Incentive. A Residential Rental Project
qttalifying far an Earthquake Recovery Permit is entitled
to a~ize Incentive. A Size Incentive allows a total
square footage inerease of up to fifteen percent (15~)
aver pre-earthquake square faatage on the parcel, and a
tatal height increase of five (5) feEt per structure on
the parcel, but does not allow any increase in the number
of dwe~ling units. A reconstructed building qualifying
14
for a S~ze Incentive may have lot co~erage or setbacks
which vary from those of th~ pre-earthquake struc~ure,
but no new nonconformity in lot coverage or setbacks may
be created, or any existzng nanconformity in lot coverage
ar setbacks be increased. Natwithstanding the above~ a
reconstruct~d buil.ding qua].ifying for a Size Inc~ntive
may create or increase a nonconformity in lot coverage p~
~'.~R, if th~ total increase in square footage at the
ground ievel does not exceed five hundred (500) square
feet, and the addition does not create ar increas~ any
other nonconform~ty. A s~ze incentive may nat be used to
construct an additional. structure or structures on the
parce~ which d~d not exist pre-earthquake. ._ -_kc-.i-..:~~
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(d) Parkinq Incentive. A Residential Rental
Pro~ect qualifying for ari Earthquake Recovery Permzt
which is nonconforming with respect to parking, may add
additiona~ covered parking spaces p~ovided th~ add~tional
spaces otherwise comply with current Zoning ~rdinance
provisions. The square faotage of ~he additional parking
shall no~ count toward the fifteen percent (150) square
footage increase allowed under a S~ze Incentive.
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SECTION 5. Affordable Housinq Ob~iqation. The provisions af
the City's Inclusionary Housing Program, Chapter 9.28 of the
Municipal Code, shall not apply ta any projeet obtaining an
Earthquake Recovery Permit, except as specifically incorporated in
this Section. An affardable housing obligation shall apply to any
Residential Ren~al Pro~ect obtaining an Earthquake R~covery Permit
which also requires a removai permit fram the Santa Monica Rent
Controi Board. The following affardable housing abligations shall
apply:
(a) If the project has an af~ardable housing
abligation imposed by the R~nt Control Board, such
obligation shall be deemed to satisfy the requirements af
this Section.
(b) If no affardable housing abligation is i~nposed
by the Rent Control Board, not ~ess than twenty-five
percent (25$) of the tatal number of dwelling units in
the Residential Rental Project shall be affordablE to low
and moderate income households. Low and moderate incom~
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 fallowing chart shall be utilized:
13
No. of Units
Reconstructed Law Income Moderate Income
2 0 1
3 0 1
4 0 1
5 0 1
6 1 1
7 1 I
8 1 ~
9 1 1
io 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 units required shall equal twenty-five percent
( 2 5°s ) of the number of units built; any decimal fraction
af 0.5 or more rounded up to the nearest whale number,
and any decimal fraction of less than 0.5 rounded dawn ta
~.he nearest whale number. The first affordable unit
required may be affardable to low or moderate income
households, and alternating thereafter.
(d) Affardable units may have r~duced size or
amenities as long as there are no significant
identifiable differences between the affardable 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
14
the fo~lowing ~inimum total flaor area, wh~chever is
smaller:
0 bedroom 50~ square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1080 square feat
4 bedrooms 12Qp square feet.
(e) The mix af bedroom sizes of affordable units
shall be substantially similar to the mix of bedroom
sizes af the market rate units in the project.
(f) Affordable units shall a~so camply wi~h the
requirements for znclusionary units set forth in Santa
Monica Municipal Code Sections 9.28.06~(c), 9.28.100,
9.28.110, 9.28.130, and 9.28.140.
(g) Applicability of this Section to Properties
Withdrawn Pursuant to the Eilis Act. Any pro~ect
~nvolving a parcel contain~ng two or mare dwelling un~ts
which, at the time af the January 17, 1994 Northridge
earthquake, had been withdrawn from the rental market
pursuant to the Ellis Act and which otherwise qua~ities
for and obtains an Earthquake Recovery Permit shall
camply with the 25~ affordable hous~ng abligation of this
Section 5 should any af the units be rented after repair
ar reconstruction.
15
SECTION 6. Earthquake RecQVery Permit Application. To
request an Earthquake Recovery Permit, the applicant must submi~ a
complete application on a form provided by the Planning and 2oning
Division in addition to any other material, reports, dimensianed
plans, or oth~r information required to take action on the
application. Each application shall also include:
(a} Two estimates of the cost nf repair'ar
reconstruction from properly licensed contractars. The
~stimates must contain sufficient detail to ascertain the
scope of the proposed work and include the contractor's
profit, overhead and insurance cost.
(b) For structures that have been posted with
either a no ~ntry notice (Red-tagg~d) or limited entry
notic~ {Yellow-tagged}, a written structural analysis af
the struct~re prepared by a licensed engineer in
accordance with the standards provided by the Building
and 5afety Division.
lc) Twa saurces af documentation of the pre-
earthq~ak~ candition of the praperty or structure
sufficient to enabZe the City to determine whether the
project involv~s in-kind repa~r or reconstructian.
Documentatian may include: approved buiiding permits;
approved construction drawings; surveys from 1ic~nsed
surveyors; county assessor infarmation; certified
praperty appraisals; Sanborn maps; reports or drawings
prepared by an insurance campany to support damage
16
claims; phatographs; City planning records; or any other
verifiable information.
SECTION 7. Review process. Each application for an
Earthquake Recavery Permit shall require plan check approval as the
fina~ review prior to issuance of the Earthquake Recav~ry Permit.
In addition, the fallowing procedures shall apply:
(a} Where the cost of repair is less than fifty
p~rcent (5D~) of the replacement value af the structure,
or where less than fifty percent (50°s) of the exterior
walls are removed to the foundation (regardless o~ cast
of repair), the following review or reviews will be
required:
(1} If there is nat a significant design
change from the original design, plan check only.
(2) If the praject includes a Size Incentive,
Admini5trative Approval ~~~AA~~} is r~quired.
(3) If there is a significant design change,
Architectural Review Board ("ARB") review is required.
Single fam~~y homes are not subject to ARS review
pursuant ta this subsection unless the structure is alsa
landmark eligib~e.
If an application requires both AA and ARB
review, AA review shall precede ARB review.
(b) Where the cost of repair equals or exceeds
fifty percent (50$} of the replacement value of the
17
structure, and fifty percent (50~} or more af the
exterior walls are remaved to the foundation, but the
development on the parcel is below the deveiopment review
threshold f~r the district in which it is l~cated, ARB
review shall be required. If the project includes a 5ize
Incentive, AA Review shall also be required prior to ARB
review.
(c) Where the cost af repair equals or exceeds
fifty percent (50~) of the replacement value and fifty
percent (50~) ar more of the exterior walls are removed
to the foundation, and the d~velopment an the parcel is
above the development review thzeshold for the district
in wh~ch it is located, Planning Commission review ~s
requi~ed prior to plan check. ARB review shall not be
required for any pro~ect requiring Planning Cammission
review.
(d) Hearinqs and Notic~. Review by the ARB or
Planninq Commission shall require a public hearing, to be
noticed and conducted substantially in campliance with
the provisions of Section 9.32.180 of the Municipal Code
for ARB hearings, and Paxt 9.04.20.22 of the Zoning
Ordinance for Planning Commissian hearings. ~or Planning
Commission hearings, notice shali be given to all own~rs
and res~dential and commercial tenants of property within
a radius of 300 faet from the exterior baundaries af the
property involved in the applicatian.
18
protectian of the individuai on less than a twenty-four-hour (24)
basis. Cnila day care fac~lity in~lud?s u~r- ~~~~ ~~~tcro and
£arnily day care hom,~s. Also see Family Day Care Hame, Large and
Small.
Church See Placp o~ Worsh~b ~~~=~~~_~~
C~nema A~ot~on pic~ure theater wherP tne primary use ~s
to srow ~rot-on or v, deo pic~ures and to which adrn~ssion is free
or a Tee is charged, rzceived or collected, 2ither by the sal~ of
tickets or by aryo uther means or dev=ce by which mcney or
somethirg of value is rece~ved or paid therefor.
Club r ., ufi '~ u ~~~~cu ~c_ ~.. ...., ,.,...~~ .~~ t~
y ~ .~r. L.: : r. ~ ~ ~ : r. ~. _
y ., -, l .. _ _. } .. ,,.._ ._ ~ : ., ~ .. .-. ~ , , ~ , ._ .. ,,. ~u y Ll ~ U ~ ~. ~ ~l
t~.lu~.. ~-41~~V i Vµs~~ 144i1~w! l+~_-:~1-vi4i4~J
~~, ...`.. r~, mw.. ..~.. ,~ ~, ,~ ~t af
~~ ~.... ...~ ~~.~..x ~r' ~~ ~~__ ,,,.~„ t..~ ~,-_.~~, ,3~:~. ~ ~~u ~~_~~ , i.,ur ;':~~
~ '., f., „ ,., ,a ,a _ , .. , ~. ~ -, l., ~ , ..., a .. } , } , , } , ti.,. . ~ -.
~._._.~ ~.~~..~ ,a~,._.., ~~.y~.~u~ „~..~~...~ ~y^., u~~... ~. ..~.~~ti.~~~.~~~,._. .,~ ..,Y ~u.~.~.
~~~-v~~c u~ub or Lodge. A buildir_g and r~_a4ed fac~lities
ownea or operated ~y a cor~oratic:, as~ociation or group of
individuals established for the fraternal, sccial, educational,
recreationa? or cu?tural er:rich-nent af its rnembers and nat
pr~marily for profit, ar.d whose ;nembers ,,,~.ct ...~~t,:~~. ~.~U~u~~~cu
.,,,~,..~~:..r.. m~~~c~„ ..u a dues. T r~. .,`,. riy„~
,~~~~~~~~u~y.~~a~ ~..~ .".. ~~, .~~~ P Y N~~.~ ~ ~.~ ~y
, ,,.~ n „} , a „ ~ , , ~ _ .ti.... ~ ~. ~ , , .~,...... .. ~., .
~.,.~y~ .~~.~..... ~~.~~ ~.~.._.,,~.._ ,~ ~u..~~~._r' ..~~..~~ ~~~... ~,~~ ~4~x,,,.~ ..,"„A.~~~.~.~~,
.-. ~ .-. } .. ~ ,,..1.-... ,r.. L. ~ ... -. ..l ... . .-~ F .. ..
i~.~'..:ii.~........' i.:~ ~r;,~2,":•~ii~. .~i c,. :~~~.~+.~~-i.aiiir. ....i u.....i...,...ii....ii _....~...
Coffee House. An establishment which is primarily engaged
in the retail sale of coffee or other non-alcoholic beverages and
related produats for either on-si~e or off-site consumption.
Such use may include the retail sale of food items, provided that
the food is px-apar~d off-site, and the es~ablishment does not
contain any on-site kitchen facilitiea.
(Corimon Open Space. Moved to "Open Space, Cor-lmon" )
Comrlunity Care Fac~lity. Ar_y s~ate lic~nsed facility,
~lace, ar ~uilding which is maintained and operated ~o prova.d~
nonmedical resiaential care, day treatment, a~alt day care or
foster family agency serviczs for children, ad~lts, or children
and adalts as ae~ined i~ Article 1 of Chapter 3~f Lne Cal~fornia
Health a~d Sa~ety Code Section 15G0 et seq.
r.,~, .~7 , ~ , rT.-. r..., ~ T .a , ~ ,-.t.. ~ .. .. a
~.~.i_.ii...i..ii~..~ v.~.J i~i..-~.. i~ ...~i....._.i~.~-i...~...il' t.~.~~~.i~. v..i......~~~~-u iii
~ L. n -. ,.-~ n n n ~ ^ n ~ ~ ~ - } ' .. } -. l.. l . . L..,.. ,.. ~ .. ~
~.........~......~_....~ ,..~.r~~ ~ LL~ ~ ~ t.z . ~... . "z ~ t.~~.~.~~.. ~__ ~ ~..... ~.~..~..~..~~~~~...L.~~~. ...~
,- ~ ~ , l r, ~ ,,. .-, ~
Nui~..l~...u1ui ~A~.~..w. 111 ..v uvLi11 J +..a1w~~..t~~_-~-
Canqre~a4e Hcusinq. A mult~-Tamily res~dential facility
with shared k~tchen faci?ities, deed-restric~ed or restricted by
an a~reement approved ~y the City for occupancy by low or
moderate ~ncarnz households, designed for occupancy for periods af
six ;6) r;7onths or longer, provi~ing services w'~ich may include
meals, ~cusekeeping, and personal care assistance as well as
cor-~r~cr~ areas for res~dents of the facility
~ ~~ 13 D
- 5 -
made within five (5) days of the date tha~ such ruling is
~-ade .
SECTION 8. Standards for Review. The following standards
shall govern the review of an application far an Earthquake
Recovery Permzt:
(a) AA Review. AA approvaZ shall be granted if the
pro~ect plans reflect in-kind repair ar reconstructian,
and any additional square faatage, height ar FP.R camplies
with the Size Incentive requirements of this Ordinance.
{b) ARB Reviera. The ARB, or Plannir~g Co1~m~.ssion
on appeal, shall grant appraval if both af the following
findings can b~ made:
(1) The structure's architectural design is
substantia~.ly similar to the pre-earthquake design; or,
if a signif icant design change is invoived, the
structure's architectural design is compatible with the
general area in which it is located.
(2 ) If the structure is landmark eligible, the
repazr will not compromise the architectural or
historical integrity of ~he ~tructure or patential
district; or, if reconstruction is involved, based upon
an estimate from a prafessional experienced in
rehabilitation of historic s~ructures, it is not
~conomically feasibie to repair the struct~re.
20
(c) Planninq Commission Review. The Planning
Commission, or City Council an appeal, sha~l 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 nat compromise the architectural or
historical integrity of the structure or potential
district; or~ if reconstruction is involved, based up~n
an estimate from a prafessianal experienced in
rehabilitation of historic structures, it is not
economically feasible to repair the structure.
(d) Plan Check. P~an check review will be Iimited
to the issue af whether the pro~ect complies wzth the
requirements of this Ordinance.
(e) Conditions of Approval. In granting approval
of an Earthquake Recovery Per~it, the ARB, Planning
Commissian, or City Council on appeal, may impose only
such conditions as may be deemed necessary to bring the
project into campliance with this Ordinance, or as
necessary to enable the required findings for approval to
be made.
21
(d} LTnenc'osed decks, balconies, and p3atforms ro~ used for
cammercial or restau-~ant activity;
;e} L:~~c~~v~ C~ourtyards, arcades, atr~a, paseos, walkways
and corridors open to the outdoor whechpr or not covered by a
roof provided they are not used for commerc~al or restaurant
activity;
if? Tn~ vo~urne above intersor co~rtyards, atria, paseos,
walkways, and corridors w~zth~r covered or not;
!g; Sub~errar_ean and s~rnisubt~rranean parkir~~ structures
used exc~usively for parkirg and loading and snloading,
(h? At grade parxing nat covered by a build~r.g, structure,
or reof;
!i) Loading docks open or covered by a rooi ar canapy, but
o~herwise ~nenc~oszd and used exclusiv~ly for loading and
ur~loading;
(~) Mechanical equipm~nt rooms, e?ectr?cal rooms, te~ephone
rooms, and sir~ilar space, a.£ located be~ow grade.
Floor area shall include 4hose areas occapied by the
~ollow~ng.
(a) Restrooms, losnges, lobbies, k~tchens, stcrage areas,
and interior hallways and corridors;
~b; The floor area of ir~erior cour~yards, atr~a, paseos,
walkways, and corridors covered by a roof or s~yligrit;
;c) Covered at-grade park~ng;
( d) Ai~ove grade parking .
Floor ar2a devoted to covered a~-grade parking shall be
counted at two-thirds (2/3) of the actual araa _f all of the
follawing conditions are met
~a? Tr~ ~~oor devoted ~o parking does not exceed ter_ (10;
feet in height;
(b;~ Trere is a* least one (1? leve' cf subterranean or
sem~-su~terranean parking provide~ cn ~he lov parcel,
{e) The at-grade and above grade park~ng levels are
screene~ from v~ew;
(d) ^here ~s r_o parking on th2 ground floor within forty
;40; feet of the frc:~t property line;
(e) ^he desia-: oF the parkir_g levels is compatible with the
d2sign o~ the bu~ld~ng as deterrn~ned by the Architzctural Review
Board.
Flo~r Ar~a Ratio ~FAR). ~he floar area of all buildings on
a lot parcel divided by the lot parcel area.
Gar;1e Arcade. Any establishment flr portion thereof ~,~~~~
cN~~ ~~ t~~ N~:~~:. in wh~c:~ there are four or rnore games or
a~r~sem6nts. These games or ar:~usernents, include but arz no*
li-nited to, elec`ronic and video games, and pinball machines,
shooting gallery, table games, a3nd similar amusement devices
whether co_:~ opera~ed or on free play.
Garaqe. A~~ enclosed accessory build~ng or portion of a
princi~al build-~g used by occupants ~flr the parking or *emporary
_8_ ~• 133
Currant Technical Codes. Notwithstanding the above, when
the repair includes repair to suspended ceiling systems,
the repair must comply with Current Technical Cades.
(b) When the cost of repair is greater than ten
percent (10~) but less than fifty percent (50g) of the
replacement value of the structure, the damaged elements,
as well as the ~ssential ties and support elements
associated with the damaged elements, shall be brought
into conformance with the structural requirements of the
Current Technical cades.
(c) When the cost of repair equals or exceeds fifty
percent (5fl%a of the replacemen~ ~alua of the structure,
the entire structure shall be brought into conformance
with the Current Technical Codes.
(d) Land~ark eligible buildings shall comply with
s~bsections (a) thraugh (cy above; however, an owner may
request a modification of the abov~ standards which sha11
be granted so long as the requested madification is
consist~nt with Part 8, Title 24, California Code of
Regulations, the State of Califo~`nia Historical Building
Code.
(e) Notwithstand~ng (a) - (c) above, the provisions
of Ordinance Number 1729(CCS) cancerning repair and
reconstruction criteria for unreinforced chimneys and
walls over 42 inches in height shall apply to any proj ect
abtaining an Earthquake Recovery Permit.
23
(f) The standards of this Section shall const~tute
minimum standards. Nothing in this Section 11 shall be
construed to prohibit an owner from repairing ar
recanstructing a structure to a highar standard than set
forth in this 5ection.
(g) When compliance with ~his Section 11 requires
modification to pre-earthquake square footage, height,
setbacks, or other pre-earthquake conditions, such
madification shall be deemed to be "in-kind" only if it
is the sale means by which compliance with this Section
can be achieved.
SECTION 12. Compliance Wi~h Other Laws. Except as atherwise
specifically provided in this Ordinance, projects obtaining an
Earthquake Recovery Perm~t shall not be required ta comply with the
following provisions af the Santa Monica Municipal Code:
(a) Chapter 7.10 concerning Urban Runoff Pollution;
(b) Chapter 9.04 concerning Zaning Regulations;
(c) Chapter 9.28 coneerning Inclusionary Housing;
(d) Chapter 9.32 coneerning Architectural Review;
(e) Chapter 9.36 concerning Landmarks and Historic
Districts; and
(f) Chapter 9.4p concerning the Thi~d Street
Neighborhoad Historic District Standards.
Except as spec~f~.cally exempted in this Section, prajects
obtaining an Ear~hquake Recovery Permit shall comply w~th the
24
Municipal Code and all other applicable laws and regulations. For
purposes of Chapter 9.52, the Santa Monica Sign Ordinance,
nancanforming signs remaved during work perfarmed pursuant to an
Earthquake Recov~ry Permit shall not be replaeed, or shall be
mad~fied to conform to the requirements of the Sign Ordinance.
SECTION 13. Riqht af Displaced T~nant tQ Reoccupy Residentia~
Housinq Unit. A tenant displaced from a residential housing unit
in an earthquake damaged structure shall be entitled ta reoccupy
the unit in accordance with the following provisions:
(a) Any owner who reconstructs a residential
housing unit pursuant to an Earthquake Recovery Permit
sha~l first offer the reconstructed unit for rent or
lease to any 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) ot this Section and shal~ anly
be required if the tenant has previously provided the
owner with written notice indicating h~s or her desire
to renew or reestablish the tenancy and providing an
address to which the ownex should ma~l the offer. That
t~nant should advise the owner at any time during the
displacement period af a change af address to which the
offer should be sent.
(b} Within fifteen (15) days after final City sign-
off on the building permit au~harizing the
25
~
recanstruction, the owner shall submit a gaad faith affer
ta renew a renta~ agreement or lease on terms permitted
by law to any di.splaced tenant Ftho 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 wa~ll be available.
(c) This offer shall be deposited in the United
States mail, by registered or certified first C1155 mail
with postage prepaid, addressed to the displaced tenant
at the address furnished to the owner as provided in th~s
Section and shall describe the terms of the offer. The
displaced tenant shall have thirty (30) days from the
deposit of the offer in the mail to accept the offer by
persanal delivery of that acceptance or by deposit of the
acceptanc~ in the United States mail by registered or
certified first class mail with postage prepaid.
{d) Within five (5) days after final City sign-aff
on the building permit authorizing the repair of an
earthquake damaged structure, any owner who recovered
possession af a residential housing unit due to the need
to undertake the repairs shall notify the displaeed
tenant that the unit is ready for reoccupancy. Any
tenant who has been displaced from such a unit for a
period exceeding faurteen (14) days shall have fourteen
(14) days from the receipt of the owner's notice to
reaccupy the unit and recommence rent payments. This
26
~
notification shal~ be made in the manner established by
subdivision (e) of this Section and shall only be
~equired if the displaced tenant has previously pravided
the owner with written notice indicating his or her
desire to ~QpCCU~y ~h~ unit and providing an address to
whzch the owner should notify the tenant that the unit is
availab~e for reoccupancy. That tenant shou~d advise the
ownEr at any t~me during the displacement period of a
change of address to which the notification should be
sent.
(e) The notification to a displaced tenant that
his/her unit is ready for reoccupancy as reguired by
subdivision (d} of this Section sha~l be depos~ted in the
Un~ted States mail, by registered or certified first
class mail with postage prepaid, addressed to the
displaced tenant at the address furnished to the owner
and shall state the current maximum a~lawable rent far
the unit.
(f} The City shall make available official forms to
tenants entitled "Notice of Desire to Renew Tenancy or
Reoccupy Unit" and "Natice of Change of Address" which
may be utilized by t~nants to meet the notice
requirements of subdivisions (a) and (d) of this Section.
(g) A copy of any notic~ required to be provided to
an owner ar a displaced tenant under this SECt~on sha~l
be pravided to the Santa Manica Rent Control Board within
27
- '~ - -
five (5) business days after it is provided ta the owner
or displaced tenant.
(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
with the terms of this Section or is otherwis~ excused
fram camplyinq with this Section.
(i) Any displaced tenant may prosecute a ci~il
action to enforce this Section. The relief available ta
the tenant in such an action shall include maney damages,
equitabl~ relief, and reasonable attarneys' fees.
(j) The right of a displaced tenant ta renew a
tenancy or reoccupy a residential housing unit as
~stablished in this Section is in addition to any right
to reoccupancy or renewal that may otherwise be
authorized by law or contract.
(ky Notwithstanding any pravisian of Seetion 5 of
this Ordinance to the contrary~ a displaced tenant may
have priority for the rental of affordable housing units.
This praority will be established by administrative
regulation to be adapted by the City's Housing and
Redevelopment Di~ision.
SECTION 14. Construction Hours and Construction Rate Proqram.
Construction hours for all construction, whether pursuant to an
Earthquake Recovery Permit or otherwise, sha11 be 7:30 a.m. to 7
28
--~
the date on which an application for a Certificate of
Economic Hardship was deem~d complete.
(3) The notice af public hearing required by
Section 9.36.170{c) sha~1 be given not less than sevEn
(7) days before the date scheduied for the hearing.
(4) The time in which the Commission must
render a d~cision an the application pursuant to Section
9.36.170(dy shali be not later than sixty (60) days after
the application was deemed camp~ete.
(5) Any notice of appeal filed pursuant to
Section 9.36.180{b) concerning Commissian determination
on an application for a Certificate of Econom~c Hardship
must be f~led within five (5) working days of the date
that such determination was made or deemed approved or
disapproved.
(6} The hearing required by Section 9.36.18~(c)
shall be held within thirty (30} days after the notice of
appeal is praperly filed with the Director of Planning
and the City Clerk.
{7} The notice af public hearing required by
Section 9.36.180(d) shall be given not less than seven
(7} days before the date scheduied for the hearing.
(8} The investigation, recommendation, and
other actions requ~red by Section 9.36.160{d) shali not
cause a delay in the app~ication, but shall }ae completed
within the time specified in Subsectian (a)(~) abave.
30
(9) The t~me periods specified in subsections
(a)(1) through (a)(8) above may ba extended upon mutual
agreement of the Conunission and applicant.
(b) Evidence on Appeal. Except for additional
evidence or testimony specifically requested by the City
Courici~, 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 evidenc~ 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, ar to
prevent the submittal of rebttttal testimany the necessity
af which would not have been evident prior to the
Landmarks Cozr-missian hearing.
SECTION 16. California Enviranmental Quality Act ("CEQA"~
Exemption. Notwithstanding existing City CEQA Guidelines, pursuant
to Section 15269 of the State CEQA Guidelines and the State of
Emergency declared by the Governor af Ca~ifornia, projects
undertaken pursuan~ to an Earthquake Recavary Permit shall be
considered categorically exempt from the requirements of CEQA.
SECTION 17. Fee Waivers. The Ci~y Caunci~ authorizes the
City Manager or his or her designee to waive payment of any permit
processing fees or such ather applicab~e fees as may atherwise be
31
necessary for the repair and reconstruction of earthquake damaged
buildings or structures, if the City Manager in his or her sole
discretion deems such waiver appropriate ta facilitate the speedy
repair or ~econstruction of any building or ather structure damaged
by the January 17, I994 earthquake or its aftershocks.
SECTION 18. Ordinance Numbers 172D(CCS), 1722(CCS},
1725 (CCSj , and 1730 (CC5} , l • ~ .' ; , '. • ' , i ~ . i •~ : ;~.~ . are
hereby repealed.
SECTION 19. Any provision or provisions of the Santa Monica
Municipal Code or append~ces thereto, incansistent with the
provisions of this Ordinance, to the extent of such inconsistencies
and no further, are hereby repealed or modified to that ext~nt
necessary to effect the provisians of this Ordinance.
SECTION 20. If any section, subsection, sentence, clause, or
phrase of this Ordinance is far any reason held to be invalid or
unconstitutional by a decision of any court of any campetent
jurisdictian, such decision shall nat affect the validity of all
remaining portions of this Ordinance. The City Council hereby
declares tha~ it would not have passed this Ordinance if any
portion, section, subsection, sentence, clause, or phrase ~rauld
subsequently be dec~ared invalid or unconstitutional.
32
a non-primary window in a prirnary space ::~~c~ ~~. ~;,4 u~,~ ~.,,u~r-
~.~..
Sa1.f-S~rvice Storaqe Warehouse (M~r;-T~Tar~house~. ~
,.,~... .. `, ,k.. ,.~..,..,..v~ ,.r~ ~.,. ~~ and ha~: c
..~.i... ......"._ ~.t.~i...~ i..ii .. ..._i~. ~.~..~~v..~~._U ik.i~ v... ~....,~4~
.7 ~ .-, ~ +- .~. .-, .7 . -. l .. ~ .. v~ ~ ,., ,-. ~ ,~.
u~_........ ~. ~.«.~.+....~.~ ~...~ f ~.....~ v ~uu.A~ .~ ~.._."..y~ u~ v.,.~ ~ ,.._.:":t.,:~ ._... .~ ,~ ~ _
~ ti, , ~ ,. +- ~- .. } , r. ~ , 4,a ,. ~a ~..
~;;,;:~. ..~..~~_~_ ,.~ ~..~~y~~ ..~~~,.~.~..u~ ~ ~.~~.,...~~,.~.~~, y ...,.~,..,L.,y ~.~~
~tc~u~~ ~~~. A structure containing separate storage spaces,
which may be of various sizes, leased or rented on an individual
basis.
S2n=or Citizen. An ind~vidual sixty-two ~;62) years of age
OY~ older .~.~.~ ~ .
Senicr Group Housinc{. A build_ng or buildings, ~ncludir~g a
single family dwelling, tha~ prov=des residence zox a group of
senicr cit=zer_s with a central ki-cren and 3inir:_a facili~ies a:1d
a sepaYate bedraorl or priva~e liv-ng quarters. M
Senior Hausi^q. Mul4i-family res~de~tial housing, other
tran a Residential Car~ Faci~ity for ~he Eld~rly or Senior Group
Housing, o.eveloped with ~~d~.v~dual dwellzng units, in which each
unit is restricted for cccupancy by at le~st one person in each
household w~o is sixty !5fl? years of age cr older. Without
restriction as to age of occupant, units may also be occupied by
management or rnaintenance personnel who are required to live on
thz ~remises
{Serv~ce Sta~ic~. Moved to "Automobile Service Station`")
S~tback. The ctistance be4ween the lot parcel line and a
building, not including ~ermitted pr~~ections
S~rub. A plan~ with a compact growth habit and branches
ccming from the base of the plant Mature hE~ghts o~ shrubs rnay
vary ~rom one (1; £oot to f~fteen (15) fee~ depending on the~r
species and landscape application
S~dewal;c Cafe Any outdoar d~ning a~ea ~ocated in ary
public sid~walk or right-of-way .:~~.,.~ ~., ~L~~~.~~ ~r ,~ b~~_~.._
..~.. ~,~ ,}.. }ti..~ . a.,...,,,_ ,~.. ~........ ~ti.... _..:,..._.,,,_ ...~ti.......
~.~~y ~, ti.vt.u~µ~.~. ~~~.~ v~ .. y.L .,..~~., ~+.~u ~~v.~. 4~~~ y~...f..~......,. .,~ ~...~...~~
Yu~~~ :~ ~::~ ;,~ ::uY° ,~ ~u which is associated w~ th a r~staurant or
other eat~ng ar_d drinking 2stablishr^ent on a co~tiguous ad~acer_t
lat parcel.
Sinqle Roorn Occupancy Housina. Multi-family resident~al
buildings containing housing units wit= a mirimum floor area of
one hundred fifty ;1501 square feet and a maximum floor area of
three hur.drzd severlty-five (375} square feet which may have
kitchen and/or bathroom fac~'it~es. Each hausing una.t is
restricted ~c occupancy by no more than two ,2} persons and is
offe~~d or~ a mc±~thly rental basis or longer.
~~~
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