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SR-6-E (126) 6E : ~ CA:f:atty\muni\strpts\mhs\eqrech3.2d City council Meeting 10-17-95 Santa Monica, California OCT 1 7 1995 TO: Mayor and city council FROM: city Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND REENACTING THE EARTHQUAKE RECOVERY ACT INTRODUCTION At its meeting on October 10, 1995, the City Council introduced for first reading an ordinance amending and reenacting the Earthquake Recovery Act. 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 Mary H. Strobel, Deputy city Attorney - 6E OCT 1 7 1995 CA:f\atty\muni\laws\mhs\eqrech3 city Council Meeting 10-17-95 Santa Monica, Callfornia . ORDINANCE NUMBER 1823 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND REENACTING THE EARTHQUAKE RECOVERY ACT WHEREAS, on April 19, 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, and April 11, 1995 the City Council adopted ordinance Nos. 1755(CCS), 1764(CCS), and 1796(CCS) adding and amending particular sections of the Earthquake Recovery Act; and WHEREAS, it is necessary to amend the Earthquake Recovery Act to allow greater flexibility l.n changing nonresidential uses to residential uses under certain circumstances for the reconstruction of earthquake damaged buildings; and WHEREAS, for clarity, ease of administration, and public convenience, it is desirable to reenact the Earthquake Recovery Act in its entirety to reflect previous and current amendments; 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council flnds and declares: (a) Numerous resldential and commercial buildings in 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 displaced from their homes and businesses I and owners face the task of rebuilding damaged structures. without a streamlined permit process, families may be left homeless, neighborhoods will continue to experience the negative effects of unrepaired buildings, and economic hardships will result from the delay in reconstruction. (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 eXlsting 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. 2 (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 houslng 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, which will be available until 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 delineates the building standards applicable to repair and reconstruction, which depend upon the magnitude of damage to the structure. The Ordinance establishes 3 reoccupancy rights for displaced residential tenants of buildings requiring repair or reconstruction. (f) In order to preserve 50me level of affordability 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 housing obligation is also created for structures requiring 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 units uncontrolled at market rents. (g) Finally, this Ordinance repeals the majority of the emergency ordinances adopted since the Northridge earthquake, and incorporates key provisions of those ordinances which are intended to remain in effect. 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. 4 -- - (a) A~fordable Housinq 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 Ellis Act after the January 17, 1994 Northridge earthquake; for non-residential structures, any use with a different parking requirement. (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 Northrldge 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 5 structures ~r 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 building 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; (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 District); (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 6 (~) 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 criteria: ( 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 Historic Resources Inventory Volumes I, II, and III, and evaluated as: (a) eligible for the National Reglster of Historic 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-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 1n which 7 more than 5P% of the exterior walls are removed to the foundation. (l) Repair. The in-kind restoration of an earthquake damaged structure in which no more than fifty percent (50%) of the exterior walls are removed to the foundation. (m) ReDlacement Value. The estlInated 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 containing two or more rental dwelling units not held in condominium or cooperative ownership. Any project for which a TORCA applicatlon has received final City approval shall not be considered a Residential Rental Project. (0) sianificant Desiqn Chanqe. The architectural style of a building, building footprint, or the majority of the exterior building materials are substantially different from that which eXlsted 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 of five feet per structure on the 8 parcel; bu~ not allowing any in~rease in the number of dwelling units. (q) Tenant. Any tenant, subtenant, lessee, sublessee, or any other person occupying a rental housing unit pursuant to a rental housing agreement. SECTION 3. Applicabilitv. This Ordinance authorizes the issuance of an Earthquake Recovery Permit only for In-kind repair or reconstruction of earthquake damaged structures. Any application for repair, demolition, or replacement of earthquake damaged structures involving other 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 to the provisions of this ordinance. The provisions of this Ordinance shall not apply to applications for New Construction except as provided in Section 4 (f) . An application for New Construction shall be processed and evaluated under applicable Municipal Code provlsions, including Subchapter 9.04.18 of the zoning Ordinance concerning the repair and alteration of nonconforming building and uses. SECTION 4. Earthauake Recovery Permit Development Standards and Use Restrictions. An Earthquake Recovery Permit authorizes In- kind repair or reconstruction, sUbJect to the following provisions: 9 (a) Nonconforminq Buildinqs and structures. Any legal nonconforming building or structure otherwise qualifying 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 tfbootleg unit n) I 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 IDay count those units in the total number of units which may be reconstructed provided all reconstructed units meet the requirements of the Current Technical Codes. (b) Chanae 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 retail use, and nonconforming retail use shall not be replaced with nonconforming office use. 10 Nptwithstanding the provisions of section 2 (9) (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 criteria are IDet: 1. The number of dwelling units provided in the project does not exceed the number of dwelling units authorized for new construction in the zoning district 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 ln section 8 (c) of this Ordinance; 3. The proJect complies with either the affordable housing obllgations of Section 5 of this Ordinance or, at the applicant's option, the provisions of Municipal Code Chapter 9.28, the City'S Inclusionary Housing Program. 4. If a condominium project, a tentative parcel map or tract map is processed and approved concurrently with the Earthquake Recovery Permit. Cc} size Incentive. A Residential Rental Project qualifying for an Earthquake Recovery Permit is entitled to a Size Incentive. A Size Incentive allows a total 11 square foot.age increase of up t9 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 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 lot coverage or FAR, if the total increase in square footage at the ground level does not exceed five hundred (500) 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) Parkinq 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 12 . shall not count toward the fifteen percent (15%) square footaqe increase allowed under a~ Size Incentive. (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 districti (2) The structure is not adjacent to, or separated by an alley from any residential use; (3) The pre-earthquake structure was varied 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 districtl whichever is less. (f) Sinqle family home reconstruction and new construction. (1) Notwithstanding the provisions of section 2 (g) (4) and 2 (g) (6) of this Ordinance, a reconstructed single family home may have greater lot coverage or decreased setbacks from those existing pre-earthquake, provided no pre-earthquake nonconformity is lncreased or new nonconformity created, and the structure otherwise complies with all other provis1ons of this Ordinance. 13 . (2) Notwithstanding Municipal Code Section 9.04.20.10.030(d), a project involving new construction of an earthquake damaged single family hOIDe may apply for a variance 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. SECTION 5. Affordable Housing Obliqation. The provisions of the City'S Inclusionary 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 modification of development standards and waiver of fees authorized by this Ordinance, not less than twenty-five 14 . . percent (25%) of the total number of dwelling units in the Resideneial Rental proj ect 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 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 units required shall equal twenty-five percent (25%) of the number of units built; any decimal fraction of 0.5 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 15 . . 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 identif iable 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 500 square feet 1. bedroom 600 square feet 2 bedrooms 850 square feet 3 bedrooms 1.080 square feet 4 bedrooms 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. (f) Affordable units shall also comply with the requirements for inclusionary units set forth in 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 Section to Properties Withdrawn Pursuant to the Ellis Act. Any project involving a parcel containing two or more dwelling units 16 . . which, at the time of the January 17, 1994 Northridge 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 section 5 should any of the units be rented after repair or reconstruction. SECTION 6. Earthouake Recovery Permit Application. 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 material, reports, dimensioned plans, or other information 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 profit, overhead and insurance cost. (b) For structures that have been posted with either a no entry notice (Red-tagged) or limited entry notice (Yellow-tagged), a written structural analysis of the structure prepared by a licensed engineer in accordance with the standards provided by the Building and Safety Division. 17 . {c} Two sources of docUlII.entation of the pre- . condition earthquake 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 verifiable 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 exterior 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 original design, plan check only. (2) If the project includes a Size Incentive, Administrative Approval ("AA") is required. 18 . . (3) If there is a significant design change, Architectural Review Board (I'ARB" ) review is required. Single family homes are not subject to ARB review pursuant to this subsection unless the structure is also landmark eligible. 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 structure, and fifty percent (50%) or more of the exterior 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 prior to ARB review. (e) Where the cost of repair equals or exceeds fifty 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 parcel is above the development review threshold for the district in which it is located, Planning Commission review is required prior to plan check. ARB review shall not be required for any project requiring Planning commission review. 19 . . (d) Hearinqs and Notice. Review by the ARB or Planning coliunission shall require 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 hearings. For Planning Commission hearings, notice shall be given to all owners and residential and commercial tenants of property within a radius of 300 feet from the exterior boundaries of the property involved in the application. (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 still valid. Demolition other than pursuant to an Earthquake 20 . . Recovery Permit shall require a demolition permit pursuant to' applicable Municipa~ Code provisions unless the demolition was ordered by the City's Nuisance Abatement Board. (9) 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 complies with the Size Incentive requirements of this Ordinance. (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 21 . 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 historical integrity of the structure or potential district; or, if reconstruction is involved, based upon an estimate from a professional experienced in rehabilitation of historic structures, it is not economically feasible to repair the structure. (c) Planninq 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 significant design change is involved, the structure's architectural design is 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 contributes to the image of Santa Monica as a place of beauty, creativity and individuality. (3) The proposed building or structure is not of inferior quality such as to cause the nature of the local neighborhood or environment to materially depreciate in appearance and value. 22 . . (4) If the structure is landmark eligible, the repair wil'1 not compromise -the architectural or historical integrity of the structure or potential district; or, if reconstruction is involved, based upon an estimate from a professional experienced in rehabilitation of historic structures, it is not economically feasible to repair the structure. (d) Plan Check. Plan check review will 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. The rights granted by an Earthquake Recovery Permit shall expire if a building permit is not issued by April 19, 1997, or if the building permit expires. 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. 23 . . 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 merit, structure within a historic district, or structure identified on the city Historic Resources Inventory, Volumes I, 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. Buildinq 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. Notwi thstanding the above, when 24 . . 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 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 of the structure, the entire structure shall be brought into conformance with the Current Technical Codes. (d) Landmark eligible buildings shall comply with 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 modification is consistent with Part 8, Title 24, California Code of Regulations, the state of California Historical Building Code. ( e) Notwithstanding (a) - (e) above, the provisions of Ordinance Number 1729 (CCS) concerning repair and reconstruction criteria for unreinforced chimneys and walls over 42 inches in height shall apply to any project obtaining an Earthquake Recovery Permit. 25 . . ( f) The standards of this Section shall constitute minimum standards. Nothing in this section 12 shall be construed to prohibit an owner from repairing or reconstructing a structure to a higher standard than set forth in this section. (g) When compliance with this section 12 requires modification 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. SECTION 13. Gompliance With Other Laws. Except as otherwise specifically provided in this Ordinance, projects obtaining an Earthquake Recovery Permit shall not be required to comply with the following provisions of the Santa Monica Municipal Code: (a) Chapter 7.10 concerning Urban Runoff Pollution; (b) Chapter 9.04 concerning Zoning Regulations; (c) Chapter 9.28 concerning Inclusionary Housing; (d) Chapter 9.32 concerning Architectural Review; (e) Chapter 9.36 concerning Landmarks and Historic Districts; and (f) Chapter 9.40 concerning the Third street Neighborhood Historic District Standards. Except as specifically exempted in this Section, projects obtaining an Earthquake Recovery Permit shall comply with the 26 . . Municipal Code and all other applicable laws and regulations. For purposes of Chapter 9.52, the Santa Monica Sign Ordinance, nonconforming signs removed during work performed pursuant to an Earthquake Recovery Permit shall not be replaced, or shall be modified to conform to the requirements of the Sign Ordinance. SECTION 14. Right of Displaced Tenant to Reoccupy Residential Housing Unit. A tenant displaced from a residential housing unit in an earthquake damaged structure shall be entitled to reoccupy the unit in accordance with the fOllowing provisions: Ca) Any owner who reconstructs a residential houslnq unit pursuant to an Earthquake Recovery Permit shall 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) 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 27 1 . , reconstruction, the owner shall submit a good faith offer to renew a rental agreement or ~ease 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 uni ted States mail, hy registered or certified first class mail with postage prepaid, addressed to the displaced tenant at the address furnished to the owner as provided in this 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 personal delivery of that acceptance or by deposit of the acceptance in the united states mail by registered or certified first class mail 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 unit 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 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 28 . . notification shall he 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 written notice indicating his or her desire to reoccupy the unit and providing an address to which the owner should notify the tenant that the unit is available for reoccupancy. That tenant should advise the owner at any time 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 required by subdivision (d) of this section shall be deposited in the United 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 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 provided to an owner or a displaced tenant under this Section shall be provided to the Santa Monica Rent Control Board wi thin 29 . . 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 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 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 right 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 priority for the rental of affordable housing units. This priority will be established by administrative regulation to be adopted by the City's Housing and Redevelopment Division. SECTION 15. Construction Hours and Construction Rate Proqrarn. Construction hours for all construction, whether pursuant to an Earthquake Recovery Permit or otherwise, shall be 7:30 a.m. to 7 30 . . p.m. Monday through Friday, and 9 a.m. through 6 p.m. on Saturday. The provisions of the North of Wilshire construction Rate Program shall not apply. The provisions of this section 15 shall no longer be effective after April 19, 1996. SECTION 16. Certificate of Economic Hardship. An application for a Certificate of Economic Hardship for any Landmark, or building or structure within a Historic District, 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 Northridge Earthquake or its aftershocks ( 11 Earthquake" ) shall be subject to the provisions of Chapter 9.36 of the Municipal Code, except as amended below: (a) Timelines. ( 1) Any application filed pursuant to Section 9.36.170 shall be deemed complete or incomplete within seven (7) working days afte.r 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 9.36.170(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. 31 , I (3) The notice of public hearing required by section 9.36.170(c) shall be given not less than seven (7) days before the date scheduled for the hearing. (4) The time in which the Commission must render a decision on the application pursuant to Section 9.36.170(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 filed within five (5) working days of the date that such determination was made or deemed approved or disapproved. (6) The hearing required by Section 9.36.180(c) shall be held within thirty (30) days after the notice of appeal is properly filed with the Director of Planning and the city Clerk. (7) The notice of public hearing required 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, 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. 32 . . (9) The time periods specified in subsections (a) (1) through (a) (8) above may be extended upon mutual agreement of the Commission and applicant. (b) Evidence on Appeal. 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 17. California Environmental Quality Act (IfCEQAU) Exemption. Notwi thstanding 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 permit processing fees or such other applicable fees as may otherwise be 33 . . necessary for the repair and reconstruction of earthquake damaged buildings or structures, if the City Manager deems such wai ver appropriate to facilitate the speedy repair or reconstruction of any building or other structure damaged by the January 17, 1994 earthquake or its aftershocks, and if the City Manager finds such waiver to be consistent with the financial responsibilities of the city. SECTION 19. Ordinance Numbers 1720(CCS), 1722(CCS), 1725(CCS), 1730(CCS), 1736(CCS), 1755(CCS), 1764(CCS), and 1796(CCS) are hereby repealed. SECTION 20. 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 21. 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 validity of all remaining portions of this Ordinance. The City Council hereby declares that it would not have passed this Ordinance if any portion, section, subsection, sentence, clause, or phrase would subsequently be declared invalid or unconstitutional. 34 ~ . SECTION 22. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The ci ty Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~ r-:ku ' h -. - ~ 1 ~..s U .' J t'u-CU+tu MARSHA JONES MIDUTRIE City Attorney'.) 35 . . tJ~ . Mayor State of CalIfornIa ) County of Los Angeles) ss CIty of Santa MOllica ) I, Mana M Stewart. Cuy Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1823 (CCS) bad Its first readmg on October 10_ 1995 and had Its second readmg on October 17_ 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook. O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CounCIl members None ATTEST . '- -~~ ~ CIty Clerk