SR-6C (17)
,
6C~
(Jrd 4f{f75 j I!' f
- ~ ~~i ~~
.. .
CA:f:atty\muni\strpts\mhs\eqrech5.2d MAR 18 1997
City Council Meeting 3-18-97 Santa Monica, California
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 February 25, 1997, the City Councll lntroduced
for first reading an ordinance amending and reenacting the
Earthquake Recovery Act The ordlnance is now presented to the
City Council for adoption.
RE COl'1MENDAT I ON
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrle, City Attorney
Mary H. Strobel, Deputy Clty Attorney
f)C J;il
MAR f 8 199Pl '"
- ----
1
CA:f\atty\mun1\laws\mhs\eqrech5
C1ty Council Meeting 3-18-97 Santa Mon1ca, Cal1.forn1.a
ORDINANCE NUMBER 1875 (CCS)
(C1.ty Counc1.1 Ser1.es)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND REENACTING
THE EARTHQUAKE RECOVERY ACT
WHEREAS, on Apr1.1 19, 1994. the City Council adopted Ord1.nance
Number 1736 (CCS) , the Earthquake Recovery Act, establishing
procedures and standards for repair and reconstruction of
earthquake damaged structuresi and
WHEREAS, on July 26. 1994, August 9, 1994. April II, 1995,
and October 17. 1995, the City Council adopted Ord1nance Nos.
1755 lCeS) , 1764 (CCS) . 1796 (CCS) , and 1823 (CCS) adding and amend1.ng
part1.cular sections of the Earthguake Recovery Acti and
WHEREAS, the Earthquake Recovery Act prov1.des that the rights
granted by an Earthquake Recovery Permit exp1.re if a building
permit for the proJect lS not obtained by Apr1.1 19. 1997i and
WHEREAS, a number of projects w1.11 have rece1ved, or will have
f1.led a complete appl1.cat1.on for an Earthquake Recovery Permit
pr1.or to April 19, 1997 ( II Pend1.ng Pro] ects") , but will have had
1.nsuff1C1.ent t1.me to obta1n a building perm1.t by that datei and
WHEREAS, the C1.ty Council wishes to extend the rlghts granted
by an Earthquake Recovery Permlt for Pending Projects onlYi and
WHEREAS. extending the rights granted by an Earthquake
1
- -------
.
Recovery Permit for Pendlng ProJects wlll facilltate recovery from
the devastating effects of the earthquake but not unduly prolong
the amount of tlme in which recovery efforts must be undertaken in
order to take advantage of the substantial rlghts granted by the
Earthquake Recovery Act, lncluding the rl.ght to reconstruct
nonconform~ng build~ngsi and
WHEREAS, for clarlty, ease of administration, and public
convenlence, it is desl.rable to reenact the Earthquake Recovery Act
In its entirety to reflect previous and current amendments,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findinos and Puroose. The Clty Council flnds and
- -
declares:
(a) Numerous res1dent1al and commercial buildings 1n the Clty
of Santa Monica exper1enced substant1al damage due to the January
17, 1994 Northrldge earthquake and its aftershocks. CitYW1de, more
than 2000 dwelling units and 135 non-resldential structures were
slgnificantly damaged. As a result, residents have been dlsplaced
from their homes and buslnesses, and owners face the task of
rebuild1ng damaged structures. Without a streaml1ned perm1t
process, famllles may be left homeless, neighborhoods w~ll continue
to experience the negative effects of unrepaired buildlngs, and
economic hardsh~ps will result from the delay in reconstruction.
(b) Many of the buildings which were damaged are currently
nonconform1ng with respect to denslty, setbacks, height, floor area
2
,
ratlo, or other code requirements. Under eXlstlng zonlng ordlnance
provls~ons, If damage to a structure equals or exceeds one-half of
replacement costs immediately prior to such damage, the structure
must conform to current zonlng upon rebullding. Adherence to these
zoning provisions would s~gnlflcantly delay rebuilding and
recovery.
(c) In addition, numerous damaged buildings contain more
housing units than allowed by current zoning. If current
rebuilding provisions were followed, there is the potentlal for a
loss of houslng units on these sites.
(d) In order to preserve the City'S housing stock, to
encourage rapid rebuildlng of residential and commercial
structures, to malntaln the City1s existlng residential and
commercial character, and to otherwise promote the public welfare,
lt lS necessary to adopt an expedited permit process for
rebuilding, and reconstruct~on standards which encourage
rebuild~ng.
(e) ThlS Ordlnance creates a new permit, an Earthquake
Recovery Permit, a substantially complete appllcation for which
must be flIed by Aprll 19, 1997. An Earthquake Recovery Permit
will authorize repalr and reconstruction of earthquake damaged
structures to their pre-earthquake cond~tlon The Ordlnance also
establishes an expedited review process, in WhlCh the level of
review depends upon the extent of damage to the structure and the
overall Slze of the proJect. This Ordinance sets property
development standards, allowing in-kind repalr or reconstruction of
3
,
legal nonconforming structures wlthout complying wlth current
zonlng requirements. The Ordinance also delineates the buildlng
standards applicable to repair and reconstructlon, whlch depend
upon the magnitude of damage to the structure. The OrdJ..nance
establishes reoccupancy rights for dlsplaced residential tenants of
buildings requiring repair or reconstructJ..on.
(f) In order to preserve some level of affordability of
residential rental units, and at the same time provide an incentJ..ve
to rebuJ..ld, this Ordlnance allows residential rental structures
which are demolished and reconstructed to lncrease In size by
fifteen percent (15%) . An affordable houslng obligation is also
created for structures requirlng a removal permit from the Rent
Control Board. The obllgatJ..on may be satisfied by complying with
any Rent Control Board imposed affordable housing obligation, or by
deed restrlcting twenty-flve percent (25%) of the units to be
affordable to low and moderate income households, with the
remalnder of the unlts uncontrolled at market rents.
SECTION 2. Deflnltlons. Words used in this OrdJ..nance shall
be defJ..ned as provided J..n thlS Section. Words not specifically
deflned ln thlS Ordinance shall be defined as set forth in the
Zoning Ordlnance.
(a) Affordable Housina Unit. A rental unlt meeting the
requirements of Section 5 of thlS Ordinance which lS affordable to
a household with low or moderate lncorne.
4
.
(b) Change of Use. For residential structures, a change to
non-residential use, a change from apartments to condominiums, or
wlthdrawal from the rental housing market pursuant to the ElllS Act
after the January 17, 1994 Northridge earthquake; for non~
residentlal structures, any use with a dlfferent parklng
requirement.
(c) Cost of Repalr. The estlmated cost to repalr or
reconstruct to be determined by the City based upon information
provlded pursuant to Section 6(a) of this Ordinance. Cost of
repair shall include the cost of including any additlonal square
footage allowed as a size incentlve pursuant to thlS Ordlnance.
(d) Current Technlcal Cod~$. The provisions of Santa Monica
Municipal Code Chapter 8.04, and any other construction related
technlcal codes adopted by the Clty, in effect at the tlme of
issuance of the building permit.
(e) Earthauake Damaoed Structures. Structures damaged by the
- -
Northridge earthquake or ltS aftershocks for which the cost of
repalr exceeds $1.00 per square foot of buildlng area.
( f) Earthauake Recoverv Permit. A perml t to repair, or
remove and reconstruct, earthquake damaged structures or portlons
of earthquake damaged s truct ure s , lssued pursuant to thlS
Ordinance.
( g) In-kind. In-klnd means t ha t , excluding any Size
Incentive allowed by thlS Ord1nance, and except as necessary to
comply wlth requlred Current Technlcal Code provisions:
5
.
(1 ) The square footage of the proposed structure does
not exceed the amount which eXlsted in the building pre-earthquake,
(2) The number of dwelllng units is the same as the
number existing pre-earthquake (although the number of bedrooms or
conflguratlons 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-earthquakej
(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 recycllng enclosures are
substantially simllar to those eXlstlng pre-earthquakej and
(8 ) There is no change ln use except as speclfically
allowed by thlS Ordlnance.
(h) Landmark eliaible. A structure meetlng one or more of
the following crlterla:
( 1) Llsted on the National Register of Historic Places;
(2) Llsted on the California Register of Historical
Resources,
(3) Designated as a City Landmark;
(4 ) Identified ln the Clty of Santa Monlca HlstorlC
Resources Inventory Volumes I, II, and III, and evaluated as: (a)
6
.
el1.gible for the Nat1.onal Register of H1.stor1.C Places as an
1.nd1.v1.dual structure or as part of a district or (b) el1.g1.ble for
des1.gnation as a City Landmark.
( 1. ) New Construction. For non-residential structures, any
construct1.on which 1.S not in-kind; for residential structures, any
construct1.on which, excluding any S1.ze Incentive allowed by this
Ordinance, 1.S not 1.n-kind.
(J ) Pre-earthauake. The condit1.ons exist1.ng immediately
prior to the January 17, 1994 Northr1.dge earthquake.
(k) Reconstruction. The 1.n-kind restorat1.on or rebuilding of
an earthquake damaged structure 1.n which more than 50% of the
exterior walls are removed to the foundat1.on.
(1 ) Reoair. The in-kind restoration of an earthquake damaged
structure 1.n which no more than fifty percent (50%) of the exterior
walls are removed to the foundat1.on
(m) Reolacement Value. The est1.mated cost of replac1.ng the
earthquake damaged structure, to be determ1.ned by the City uS1.ng
the most current Building Valuation Table published by the
International Conference of Building Off1.c1.als.
(n) Residential Rental Prolect. A parcel containing two or
more rental dwell1.ng units not held in condom1.n1.um or cooperat1.ve
ownersh1.p. Any proJect for wh1.ch a TORCA appl1.cat1.on has received
f1.nal C1.ty approval shall not be considered a Res1.dential Rental
ProJect.
7
.
(o ) Sianificant DeSlon Chancre. The archltectural style of a
- --
building, bUlldlng footprlnt, or the majority of the exterlor
building materials are substantially different from that which
existed pre-earthquake.
(p) Size Incentive. An incentive allowing a total square
footage increase of up to flfteen percent (15%) over pre-earthquake
square footage on the parcel, and a total height lncrease of flve
feet per structure on the parceli but not allowing any increase 1.n
the number of dwelling units.
(q) Tenant. Any tenant, subtenant, lessee, sublessee, or any
other person OccupYlng a rental houslng unit pursuant to a rental
houslng agreement.
SECTION 3. ADDlicabilitv. This Ordinance authorlzes the
- - -
issuance of an Earthquake Recovery Permit only for In-klnd repair
or reconstruction of earthquake damaged structures. Any
applicatlon for repair, demolltion, or replacement of earthquake
damaged structures lnvolving other than In-klnd repair or
reconstruction shall be consldered an appllcation for New
Construction.
An application for an Earthquake Recovery Permit shall be
processed and evaluated pursuant to the provlslons of this
Ordinance. The provisions of thlS Ordinance shall not apply to
applicat1.ons for New Construction except as provlded In Section
4 (f) . An appl1.catlon for New Construction shall be processed and
evaluated under applicable Munlcipal Code provlslons, includlng
8
-
Subchapter 9.04.18 of the Zoning Ordlnance concernlng the repalr
and alteration of nonconformlng bUllding and uses.
SECTION 4. Earthauake Recoverv Permlt Develonment Standards
- - -
and Use Restrlctions. An Earthquake Recovery Permit authorizes In-
kind repair or reconstruction, subject to the following provisions:
(a) Nonconformincr Buildinas and Structures. Any legal
nonconforming building or structure otherwise qualifying for an
Earthquake Recovery Permit may be reconstructed to its preVlOUS
nonconformlng status. Any res1dentlal unlt created without a
building permit, and registered with the Santa Mon1ca Rent Control
Board (a llbootleg unlt 11) , may be repaired provided the unlt meets
minimum habltab11ity standards. Resident1al Rental Projects which
are reconstructed pursuant to thlS Ord1nance and which contain one
or more bootleg units may count those unlts 1n the total number of
unlts WhlCh may be reconstructed provlded all reconstructed unlts
meet the requlrements of the Current Techn1cal Code s .
(b) Chancre 1n Use. No change 10 use shall be allowed for a
residential structure. For a non-residential structure, a
nonconforming use may be resumed after repair or reconstruct lon, or
may be replaced with a conforming use, and a conforming use may be
changed to another conformlng use; however, in no circumstance may
the parklng requlrement for the new use exceed the parking
requirement for the pre-earthquake use. Notw1thstanding the above,
nonconforming offlce use shall not be replaced with nonconforming
9
-
retail use, and nonconforming retail use shall not be replaced with
nonconforming office use.
Notwithstanding the provisions of Section 2(g)(2), a
nonconforming nonresidential use in a residential district may be
changed to a residential use, provided all other provisions of this
Ordinance are met, and provided the following criterla are met:
(1 ) The number of dwelling unlts provlded ln the proJect
does not exceed the number of dwelling units authorized for new
construction 1n the zoning district in which the project is
located;
(2) The Planning Commisslon, or City Council on appeal
approves such change of use based upon the flndings contalned in
Section 8(c) of this Ordinance;
(3) The project compIles with either the affordable
housing obligations of Sect10n 5 of this Ordinance or, at the
appllcant1s optlon, the provisions of Municipal Code Chapter 9.28,
the Cityrs Inclus10nary Hous1ng Program.
(4 ) If a condominium project, a tentative parcel map or
tract map lS processed and approved concurrently wlth the
Earthquake Recovery Permit.
(c) Slze Incentive. A Resldentlal Rental Project qualifying
for an Earthquake Recovery Permlt is entltled to a Slze Incentive.
A Slze Incentlve allows a total square footage 1ncrease of up to
flfteen percent (15%) over pre-earthquake square footage on the
parcel, and a total height lncrease of five (5) feet per structure
on the parcel, but does not allow any increase in the number of
10
-
dwell1ng units. A reconstructed building qualifY1ng for a Size
Incent1ve may have lot coverage or setbacks which vary from those
of the pre-earthquake structure, but no new nonconformity 10 lot
coverage or setbacks may be created, or any exist1ng nonconformity
10 lot coverage or setbacks be increased Notwithstaod10g the
above, a reconstructed bU1ldiog qual1fying for a Size Incentive may
create or increase a nonconformity in lot coverage or FAR, if the
total increase 1n square footage at the ground level does not
exceed f1ve hundred (500) square feet, and the addltlon does not
create or increase any other nonconformity. A Slze incentive may
not be used to construct an additional structure or structures on
the parcel WhlCh dld not exist pre-earthquake. In mlxed-use
proJects, the size incentlve may be used only for the residentlal
portlon.
(d) parkino Incentive. A Residentlal Rental Project
quallfYlng for an Earthquake Recovery Permit which is nonconforming
with respect to parklng, may add addltlonal covered parking spaces
provlded the addltlonal spaces otherw1se comply wlth current Zon1ng
Ordlnance provisions. The square footage of the additlonal parking
shall not count toward the fifteen percent (15%) square footage
increase allowed under a Slze Incentive.
(e) Heloht Mod1fications. Notwlthstanding Section 2(g) (3) of
thl.s Ordlnance, the height of a reconstructed commercial structure
may be lncreased above the pre-earthquake height subJect to the
followlng condltlons:
(1 ) The structure is located 10 a commercial dlstrlct;
11
.
( 2) The structure is not adjacent to, or separated by an
alley from any residentlal use;
(3 ) The pre-earthquake structure was varled ln height;
(4) The height of the reconstructed structure does not
exceed the maximum helght of the highest portlon of the pre-
earthquake structure, or the maximum height permitted in the zoning
distrlct, whlchever is less.
(f) Sinale familv home reconstruction and new construction.
- -
(1 ) Notwithstanding the provisions of Section 2 (g) (4)
and 2 (g) (6) of thls Ordlnance, a reconstructed single family home
may have greater lot coverage or decreased setbacks from those
existing pre-earthquake, provided no pre-earthquake nonconformity
is increased or new nonconformity created, and the structure
otherwise complies wlth all other provisions of this Ordinance.
(2 ) Notwlthstanding Municipal Code Sectlon
9.04.20.10.030(d) , a proJect involving new construction of an
earthquake damaged single family home may apply for a varlance to
be processed pursuant to Part 9.04.20.10 of the Municipal Code in
order to retaln pre-earthquake nonconformlng setbacks, If the
portlon of the structure wh1ch creates the nonconformity 1S
retained rather than demolished as part of the new construction.
SECTION 5. Affordable Housina Obliaation. The provis1ons of
the C1ty'S Inclusionary Hous1ng Program, Chapter 9.28 of the
Municipal Code, shall not apply to any proJect obtalnlng an
Earthquake Recovery Permit, except as speclfically 1ncorporated in
12
- - --- --- -- ---
.
~
this Section. An affordable housing obligatlon shall apply to any
Residentlal Rental ProJect obtaining an Earthquake Recovery Permlt
WhlCh also obtains a removal permit from the Santa Monlca Rent
Control Board. The following affordable housing obllgatlons shall
apply:
(a) If the proJect has an affordable houslng obllgation
lmposed by the Rent Control Board, such obllgation shall be deemed
to satisfy the requirements of this Section.
(b) If no affordable housing obligatlon is imposed by the
Rent Control Board, ln exchange for the modlfication of development
standards and walver of fees authorlzed by this Ordinance, not less
than twenty-flve percent (25%) of the total number of dwelllng
unlts In the Residentlal Rental ProJect shall be affordable to low
and moderate lncome households Low and moderate income levels
shall be defined as set forth ln Santa Monica Municipal Code
Section 9.28.020.
( c) In determining the number of affordable unlts 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
13
.
~
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
un1ts requ1red shall equal twenty-f1ve 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 dec1mal fraction of less than 0.5
rounded down to the nearest whole number. The first affordable
unit required may be affordable to low or moderate 1ncome
households, and alternat1ng thereafter.
(d) Affordable units may have reduced size or amen1ties as
long as there are no significant identifiable d1fferences between
the affordable units and market rate units visible from the
exter~or of the dwell~ng units, and the s~ze of each of the
affordable un~ts ~s equal to average market unit size, or sat~sf~es
the follow~ng minimum total floor area, whichever is 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 sizes of affordable units shall be
substant~ally s1milar to the m~x of bedroom s~zes of the market
rate units ~n the project.
(f) Affordable un1ts shall also comply with the requ~rements
for ~nclusionary 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.
14
=
~
( g) Applicability of this Sectlon to Properties Withdrawn
Pursuant to the Ellis Act. Any project involving a parcel
contalning two or more dwelllng units which, at the tlme of the
January 17, 1994 Northridge earthquake, had been withdrawn from the
rental market pursuant to the Ellis Act and WhlCh otherwise
qualifies for and obtalns an Earthquake Recovery Permit shall
comply wlth the 25% affordable housing obligatlon of this Sectlon
5 should any of the units be rented after repair or reconstructlon.
SECTION 6. Earthauake Recoverv Permlt Aoolication. To
request an Earthquake Recovery Permlt, the applicant must submlt a
complete application on a form provlded by the Planning and Zoning
Dlvlsion In addltlon to any other materlal, reports, dimensloned
plans, or other lnformation required to take action on the
appllcatlon. Each appllcatlon shall also include
(a) Two estimates of the cost of repair or reconstruction
from properly llcensed contractors The estlmates 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 llmlted entry notice (Yellow-tagged) ,
a wrltten structural analysls of the structure prepared by a
licensed englneer In accordance wlth the standards provlded by the
Buildl.ng and Safety Divisl.on.
(c) Two sources of documentatlon of the pre-earthquake
condition of the property or structure sufficient to enable the
15
-
.
Clty to determine whether the proJect lnvolves in-kind repair or
reconstruction. Documentatlon may lnclude approved bUllding
permitsj approved construction drawings; surveys from licensed
surveyorsj county assessor lnformatlOnj certlfled property
appralsalsj Sanborn maps; reports or drawlngs prepared by an
insurance company to support damage claimsj photographs; City
plannlng records; or any other veriflable lnformation.
SECTION 7. Review orocess. Each appllcatlon for an
Earthquake Recovery Permit shall require plan check approval as the
flnal reVlew prlor to issuance of the Earthquake Recovery Permit.
In addition, the followlng procedures shall apply:
(a) Where the cost of repair is less than flfty percent (50%)
of the replacement value of the structure, or where less than flfty
percent (50%) of the exterior walls are removed to the foundation
(regardless of cost of repair) , the following reV1.ew or reVlews
wlII be required:
(1) If there is not a significant design change from the
original deslgn, plan check only.
(2) If the proJect l.ncludes a Size Incentive,
Administrative Approval (nAAn) is required.
(3 ) If there is a s1.gnif1.cant des1.gn change,
Arch1.tectural Review Board (nARBII) reVlew 1S requ1.red Slngle
family homes are not subject to ARB review pursuant to thlS
subsectlon unless the structure 18 also landmark eliglble.
16
.
.
If an applicatlon requlres both AA and ARB reVlew, AA
reVlew 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 exterlor walls are removed to the foundatlon,
but the development on the parcel is below the development review
threshold for the district In which it is located, ARB review shall
be requlred. If the project includes a Size Incentive, AA ReVlew
shall also be required prior to ARB review.
(c) Where the cost of repair equals or exceeds fifty percent
(50%} of the replacement value and fifty percent (50%) or more of
the exterior walls are removed to the foundation, and the
development on the parcel is above the development reVlew threshold
for the district in which it is located, Planning Commission review
lS requlred prior to plan check. ARB reVlew shall not be required
for any project requiring Planning CommlSSlon review.
( d) Hearinos and Notice. ReVlew by the ARB or Plannlng
CommlSSlon shall requlre a publlc hearing, to be noticed and
conducted substantially in compliance wlth the prOV1Slons of
Section 9.32.180 of the Municipal Code for ARB hearings, and Part
9.04.20.22 of the Zoning Ordlnance for Planning Commisslon
hearl.ngs. For Planning CommlSSlon hearlngs, notice shall be glven
to all owners and residential and commerclal tenants of property
withln a radlUS of 300 feet from the exterior boundarles of the
property lnvolved in the application.
17
.
(e) Issuance of Buildina Permit. A buildlng permlt shall be
issued only after the application has received all approvals
required under this Sect lOTI, and after approval is granted from the
Callfornia Coastal CommlSSlon lf requlred A proJect may apply for
an Earthquake Recovery Permit before obtalning a removal permlt or
determinatlon that a removal permlt 18 not required from the Rent
Control Board. A building perm1t shall not lssue, however, until
such removal permit or determinatlon 1S granted.
(f) Demolition Permit. Projects receivlng 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 whlle the building permlt is
still valid. Demolltlon other than pursuant to an Earthquake
Recovery Permit shall require a demolition permit pursuant to
appllcable Munlclpal Code provisions unless the demolltion was
ordered by the City'S NUlsance Abatement Board
(g) Anneals. Actlon of the ARB and Plannlng Commisslon shall
be appealable pursuant to the provisions of Section 9.32.160 of the
Municlpal Code and Part 9.04.24 of the Zoning Ordlnance, except
that the appeal of any rullng of the ARB or Plannlng CommlSS1on
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 reVlew of an appllcation for an Earthquake
Recovery Permlt.
18
.
..
(a) AA Review. AA approval shall be granted ~f the proJect
plans reflect 1n-kind repa1r or reconstruction, and any add1t10nal
square footage, helght 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 deslgn is
substantlally simllar to the pre-earthquake design; or, 1f a
81gniflcant de81gn change is involved, the 8tructure1s
arch1tectural des1gn 1S compatible with the general area 1n wh1ch
It l8 located.
(2 ) If the structure is landmark elig~ble, the repair
w111 not compromlse the architectural or hlstorical integrity of
the structure or potential district; or, if reconstructlon 1S
1nvolved, based upon an estimate from a profess1onal experlenced in
rehabil1tat1on of historic structures, 1t lS not economically
feasible to repair the structure.
(c) Plannlna Comm1SSlon ReV1ew The Planning Commission, or
City Council on appeal, shall grant approval if all of the
following findings can be made:
(1 ) The structure's archltectural des1gn lS
substantlally similar to the pre-earthquake deslgn; or, if a
significant de81gn change is 1nvolved, the structure's
archltectural des1gn 1S compatible with the general area 1n which
1t l8 located.
19
.
.
(2 ) The plan for the proposed building or structure is
expressive of good taste, good des1gn, and in general contr1butes
to the image of Santa Monica as a place of beauty, creativity and
individuality.
(3) The proposed buildlng or structure 1S not of
infer10r qual1ty such as to cause the nature of the local
neighborhood or environment to mater1ally depreciate in appearance
and value.
(4 ) If the structure 1S landmark eligible, the repair
will not comprom1se the architectural or hl.stor1cal integrity of
the structure or potent1al distrl.ctj or, if reconstructlon is
lnvolved, based upon an est1mate from a professlonal exper1enced in
rehabilltation of hlstorl.C structures, it is not economlcally
feasl.ble to repair the structure.
(d) Plan Check, Plan check reV1ew will be limited to the
issue of whether the project complies with the requl.rements of this
Ordinance.
(e) Conditions of Aooroval. In grant1ng approval of an
Earthquake Recovery Perm1t, the ARB, Plannlng Commission, or Cl.cy
Councll on appeal, may lmpose only such COndl.tlons as may be deemed
necessary to brlng the proJect 1nto compll.ance with this Ordinance,
or as necessary to enable the requlred findings for approval to be
made.
SECTION 9 . Duration of Permit. A substantially complete
applicatlon must be flIed by Aprl1 19, 1997 in order to obtain an
20
.
.
Earthquake Recovery Permit. No Earthquake Recovery Perm~t shall be
granted for any proJect wh~ch does not meet this requirement. The
rights granted by an Earthquake Recovery Perm~t shall exp~re ~f a
build~ng permit is not issued by Apr~l 19, 1998, or if the build~ng
permit expires.
No extens~ons of an Earthquake Recovery Permit shall be
granted. After expiration of an Earthquake Recovery Permit, any
subsequent appl~catlon shall be considered an application for New
Constl;"uction.
SECTION 10. ComDosltlon of ARB For purposes of ARB review
of an appllcation for an Earthquake Recovery Permlt lnvolvlng a
landmark ellgible structure, structure of mer~t, structure wlth~n
a h~storic district, or structure ldentlfied on the City Historic
Resources Inventory, Volumes I, 2, and 3 as of January 17, 1994,
two (2) members of the Landmarks Commission, appolnted by that
body, shall serve as additional voting members of the Architectural
Review Board Flve (5) affirmative votes shall be requlred for
approval.
SECTION II. Plannina Commission R.eview. For purposes of
Plann~ng Commission reVlew of an appllcation for an Earthquake
Recovery Permit, one (l) member of the Architectural Review Board,
appo~nted by that body, shall s~t wlth the Planning Commlssion and
may vote on that permlt Five (5) aff~rmative votes shall be
required for approval.
21
-
.
SECTION 12. BUl.ldina Standard Comnliance. The followl.ng
bU1.ld1.ng standards govern any work performed pursuant to an
Earthquake Recovery Perml.t:
(a) When the cost of repal.r does not exceed ten percent (10%)
of the replacement value of the structure, only the damaged portl.on
of the structure may be restored to the pre-earthquake condl.tion
w1.thout complying w1.th Current Technical Codes. Notwithstanding
the above, when the repal.r l.ncludes repair to suspended ceil1.ng
systems, the repair must comply w1.th Current Technical Codes.
(b) When the cost of repair is greater than ten percent (10%)
but less than fl.fty percent (50%) of the replacement value of the
structure, the damaged elements, as well as the essential ties and
support elements assocl.ated with the damaged elements, shall be
brought l.nto conformance with the structural requirements of the
Current Technical Codes.
(c) When the cost of repal.r equals or exceeds f1.fty percent
(50%) of the replacement value of the structure, the ent1.re
structure shall be brought into conformance W1.th the Current
Technical Codes.
(d) Landmark eligible buildings shall comply w1.th subsections
(al through (c) abovei however, an owner may request a modification
of the above standards which shall be granted so long as the
requested mod1.f1.catl.on 1.S conSl.stent with Part 8, T1.tle 24,
California Code of Regulatl.ons, the State of Californl.a Hl.stor1.cal
Building Code.
22
.
(e) Notwithstandlng (a) - (c) above, the provisions of
Ordinance Number 1729(CCS} concerning repair and reconstructlon
crlterla for unreinforced chimneys and walls over 42 inches in
he1ght shall apply to any project obtainlng an Earthquake Recovery
Permlt.
(f) The standards of this Section shall constitute minimum
standards. Nothing in thlS Section 12 shall be construed to
prohibit an owner from repalrlng or reconstructing a structure to
a higher standard than set forth in this Section.
(g) When campI lance wlth this Section 12 requires
modification to pre-earthquake square footage, height, setbacks, or
other pre-earthquake cond1tions, such modification shall be deemed
to be "in-kind" only if it is the sole means by which compliance
wlth this Section can be achleved.
SECTION 13. ComDllance Wlth Other Laws. Except as otherwlse
specifically prov1ded 1n th1S Ord1nance, proJects obtalnlng an
Earthquake Recovery Permit shall not be required to comply with the
following provislons of the Santa Mon1ca Municipal Code:
(a) Chapter 7.10 concernlng Urban Runoff Pollutlon;
(b) Chapter 9.04 concernlng Zon1ng Regulations;
(c) Chapter 9.28 concerning Incluslonary Housing;
( d) Chapter 9.32 concerning Archltectural Rev1ew;
(e) Chapter 9.36 concerning Landmarks and HlstorlC Dlstrlcts;
and
23
- - -- -- --
v
(f) Chapter 9.40 concernlng the Third Street Nelghborhood
HlstorlC Distrlct Standards.
Except as specifically exempted ln this Sectlon, projects
obtaining an Earthquake Recovery Permit shall comply wlth the
Munlclpal Code and all other applicable laws and regulatlons. For
purposes of Chapter 9.52, the Santa Monlca SlgO Ordlnance,
nonconforming slgns removed durlng work performed pursuant to an
Earthquake Recovery Permlt shall not be replaced, or shall be
modlfled to conform to the requirements of the 81gn Ordlnance.
SECTION 14. Rioht of DisDlaced Tenant to ReoccuDv Residential
- - - ~
HOUSlna Uoit A tenant displaced from a resldential housing llnlt
in an earthquake damaged structure shall be entitled to reoccupy
the unit in accordance with the following provisions:
(a) Any owner who reconstructs a residential housing unlt
pursuant to an Earthquake Recovery Permlt shall first offer the
reconstructed unlt for rent or lease to any tenant who has been
dlsplaced from the unlt due to the need to undertake the
reconstruction ThlS offer shall be made ln the manner establlshed
by subdlvlslons (b) and ( c) of this Section and shall only be
required if the tenant has prevlously provlded the owner wlth
written notice lndlcatlng hlS or her desire to renew or
reestabllsh the tenancy and providing an address to whlch the
owner should mail the offer. That tenant should advise the owner
at any tlme during the displacement period of a change of address
to whlch the offer should be sent.
24
-- ------ -- ---------
.
.
(b) Wlthln fifteen (15) days after flnal Clty slgn-off on the
buildlng permit authorizing the reconstruct~on, the owner shall
submit a good falth offer to renew a rental agreement or lease on
terms perm~tted by law to any displaced tenant who has complied
with the requirements of subdlvlslon (a) of thls Sectlon. The
owner shall also lnform the tenant of the expected date that the
unit will be avallable.
(c) ThJ.s offer shall be deposited in the United States mail,
by reg~stered or certlfled flrst class mail w~th postage prepald,
addressed to the displaced tenant at the address furnished to the
owner as provlded in this Section and shall describe the terms of
the offer. The displaced tenant shall have thlrty (30 ) days from
the deposit of the offer in the mall to accept the offer by
personal dellvery of that acceptance or by deposit of the
acceptance in the United States mail by registered or certified
first class ma~l with postage prepald.
( d) Within five (5) days after final City sign-off on the
buildlng permlt authorlzlng the repa~r of an earthquake damaged
structure, any owner who recovered possession of a residential
houslng unit due to the need to undertake the repairs shall notlfy
the d~splaced tenant that the un~t is ready for reoccupancy. Any
tenant who has been dlsplaced from such a unit for a period
exceedlng fourteen (14 ) days shall have fourteen (14) days from the
receipt of the owner's notJ.ce to reoccupy the unJ.t and recommence
rent payments. ThJ.s notifJ.cation shall be made in the manner
establJ.shed by subdlvJ.slon ( e) of thJ.s Sectlon and shall only be
25
.
required lf the displaced tenant has previously provided the owner
with written notlce lndicating his or her desire to reoccupy the
unlt and providing an address to which the owner should notlfy the
tenant that the un~t ~s ava~lable for reoccupancy. That tenant
should advlse the owner at any time during the displacement period
of a change of address to which the notlflcatlon should be sent.
(e) The notlflcat~on to a displaced tenant that his/her unlt
lS ready for reoccupancy as required by subdivls10n (d) of thlS
Section shall be deposited ln the Un~ted States mail, by registered
or certlfled flrst class mall w~th postage prepaid, addressed to
the displaced tenant at the address furn~shed to the owner and
shall state the current maXlmum allowable rent for the unlt.
(f) The City shall make available official forms to tenants
entitled rrNotlce of Desire to Renew Tenancy or Reoccupy Un~tll and
"Notice of Change of Address" which may be utilized by tenants to
meet the notice requl.rements of subdivisions ( a) and ( d) of this
Section.
(g) A copy of any notlce requlred to be provided to an owner
or a dlsplaced tenant under this Section shall be provided to the
Santa Monica Rent Control Board wlthln flve (5) bus~ness days after
lt lS provlded to the owner or displaced tenant.
(h) No owner or agent of the owner shall rent a resldential
houslng unit in an earthquake damaged structure to a new tenant
unless the owner has complied with the terms of this Section or is
otherwlse excused from eomply~ng wlth this Seetlon.
26
- -- - - -
I
#
(l) Any displaced tenant may prosecute a civil action to
enforce thls Sectlon. The rellef available to the tenant in such
an actlon shall lnclude money damages, equitable relief, and
reasonable attorneys' fees.
(J ) The right of a displaced tenant to renew a tenancy or
reoccupy a residential houslng unit as established In thls Section
lS In additlon to any right to reoccupancy or renewal that may
otherwise be authorlzed by law or contract.
(k) Notwithstandlng any provision of Section 5 of this
Ordinance to the contrary, a dlsplaced tenant may have priority for
the rental of affordable houslng units. This priority will be
establlshed by admln1stratlve regulation to be adopted by the
City's Housing and Redevelopment D1v1sion.
SECTION 15. Certlflcate of EconomlC Hardshio. An
application for a Cert1f1cate of EconomlC Hardship for any
Landmark, or building or structure within a Historic District,
whlch 18 filed in connectlon w1th an applicatlon for a demol1tlon
permlt for a structure which has been posted with a no-entry (red-
tagged) or llmlted entry (yellow-tagged) not1ce as a result of
damage caused by the January 17, 1994 Northrldge Earthquake or lts
aftershocks ( II Earthquake n ) shall be subject to the provisions of
Chapter 9.36 of the Municipal Code, except as amended below:
( a) Tlmellness
(I) Any appllcat10n filed pursuant to Section 9.36.170
shall be deemed complete or lncomplete with1n seven (7 ) work1ng
27
-- --- - -- --- ---
~
days after the Plann1ng D1V1S1on receives a substantlally complete
application together with all lnformatlon, plans, specif~cat~ons,
statements of work, and any other materials and documents required
by the application form supplled by the City.
(2) The public hear~ng requlred by Section 9.36.170(c)
shall be held within forty-five (45 ) days of the date on which an
appl~catl.on for a Certificate of Econom1C Hardship was deemed
complete.
(3 ) The not1ce of public hearing required by Sect10n
9.36.170(c) shall be given not less than seven (7) days before the
date scheduled for the hearing.
(4 ) The time 1n which the COmm1.SS10n must render a
decision on the application pursuant to Sect1.on 9.36 170 (d) shall
be not later than S1.xty (60 ) days after the appllcat10n was deemed
complete.
(5 ) Any notice of appeal f~led pursuant to Section
9.36 180(b) concern1.ng CommlSS1on determination on an appllcat10n
for a Certificate of EconomlC Hardsh1.p must be filed withln flve
(5 ) working days of the date that such determlnation was made or
deemed approved or d1sapproved.
(6 ) The hearlng requlred by Section 9.36.180(c) shall be
held w1thin thirty (30) days after the notice of appeal is properly
filed wlth the Director of Plannlng and the City Clerk.
(7 ) The notlce of publlc hearing required by Section
9.36.180(d) shall be given not less than seven (7 ) days before the
date scheduled for the hearing.
28
l
.
( 8) The lnvestlgatlon, recommendation, and other actlons
requlred by Section 9 36.160(d) shall not cause a delay ln the
appllcatlon, but shall be completed wlthin the tlme specified in
Subsect10n (a) (4) above.
(9 ) The tlme perlods specified in subsections (a) (1)
through (a) (8) above may be extended upon mutual agreement of the
CommlSSlon and appllcant.
(b) Evidence on Aooeal. Except for addltlonal eVldence or
testlmony speclflcally requested by the City Councll, the City
Counell on appeal shall rely on the evidence presented to the
Landmarks Commission. Addltlonal eVldence may be submltted to the
City Council only if such eVldence could not feaslbly have been
..
presented to the Landmarks CommlSSlon. Nothing in this Section is
intended to affect the abllity of the public to testify at the
publlC hearing on the appeal, or to prevent the submittal of
rebuttal testimony the necessity of whlch would not have been
eVldent prlor to the Landmarks Commisslon hearlng
SECTION 16. California Envlronmental Dualitv Act ("CEOAII )
Compllance. The City shall comply wlth the Californla
Environmental Quallty Act ln processing appllcatlons for Earthquake
Recovery Permits, and each appllcatlon shall be cons1dered on an
lndlvidual basis to determlne whether the project 1S exempt, or
whether, and what level of environmental review 1S requ~red.
SECTION 17 Ordlnance Number 1823 (CCS) is hereby repealed.
29
,
.
SECTION 18. Any proVlslon or provisions of the Santa Monlca
Munlcipal Code or appendlces thereto, inconsistent with the
provlsions of this Ordlnance, to the extent of such inconslstencles
and no further, are hereby repealed or modified to that extent
necessary to effect the provlslons of this Ordinance.
SECTION 19. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be lnvalld or
unconstitutional by a decision of any court of any competent
jurisdictlon, such decision shall not affect the validity of all
remainlng portlons of thlS Ordinance. The City Council hereby
declares that lt would not have passed thlS Ordinance if any
portion, section, subsection, sentence, clause, or phrase would
subsequently be declared lnvalld or unconstltutional.
SECTION 20. The Mayor shall sign and the Clty Clerk shall
attest to the passage of thlS Ordlnance The City Clerk shall
cause the same to be published once in the official newspaper
wlthln 15 days after ltS adoption. This Ordinance shall be
effective 30 days from lts adoptlon.
APPROVED AS TO FORM:
, - ~ A /.
!'t--i.-:.... (.. ---- 4., ~-.J i"Lc;.~ 't L.::,f..,
MARSHA JONE&'MOUTRIE
City Attorney
30
)
T
I
~OOJn1-----
Mtcor
State of CalIfornia )
Count) of Los Angeles) ss
CIty of Santa Momca )
1. ~vlana M Ste\\"art. elt}' Clerk of the CIty of Santa Momca. do hereby cend'y that the foregomg
Ordmance 1'\0 1875 (CeS) had ItS first readmg on February 25, 1997. and had Its second readmg
on March 18, 1997 and was passed by the follo\vmg vote
Aves CouncIl members Femstem. Genser. O'Connor, Rosenstem
?'-Joes CouncIl members None
Abstam CouncIl members ~one
Absent CouncIl members Ebner. Greenberg. Holbrook
ATTEST
~,:~
Cny Clerk ~
- --- ----- - - -------- ----- -- - -