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FEB 251997
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Council Mtg February 25, 1997
Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT RecommendatIon to Introduce for First Reading an Ordmance Amending
Ordinance 1823 (CCS) to Modify the ProVIsions of the Earthquake
Recovery Act
INTRODUCTION
This report recommends that the City Council modify Ordinance 1823 (CCS) (the
"Earthquake Recovery Act") to allow projects that have been deemed substantially
complete by Apnl 19, 1997 to continue to utilize the provIsions of thiS ordinance As
proposed, the nghts granted by these Earthquake Recovery Permits would expire If a
bUlldmg permit IS not Issued by April 19, 1998 Currently, the ordinance requires
projects to have obtained a bUilding permit by Apnl 19. 1997 Additional ordinance
modIfIcatIons include elimInatIng the Callforma EnvIronmental QualIty Act (CEQA)
emergency exemption and eliminating the sections on construction hours and fee
waivers The proposed ordmance IS contained In Attachment A
BACKGROUND
Ordinance 1823 (CCS) was adopted on October 17, 1995 as part of the City's
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FEB 2 5 1997
continuing efforts to facilitate earthquake recovery This ordinance, which reenacted
prior earthquake-related ordinances, established procedures and standards for the
repair and reconstruction of earthquake-damaged structures Earthquake recovery
pursuant to this ordinance has been successful from a high of 147 red tagged bUildings
In January, 1994. a total of 14 remain, 12 of which have yet to obtam earthquake repair
permits Yellow tagged bUildings reached a high of 413 bUildings m January, 1994. a
total of 42 yellow tagged bUlldmgs remain, 23 of which do not have earthquake
recovery permits
Consistent with the declme In red and yellow tagged bUildings IS the decline m Issuance
of earthquake recovery permits As shown In Attachment S, Issuance of earthquake
recovery permits decreased slgmflcantly over the past year Between November, 1995
and May, 1996, an average of 72 earthquake recovery permits per month were Issued
This dropped to an average Issuance of 13 earthquake recovery permits per month
between June. 1996 and January, 1997
While a substantial number of earthquake recovery projects have been completed, are
under construction, or have obtained bUilding permits, there are approximately 25
earthquake projects that the City Planning DIVIsIon has approved that have not yet
received bUilding permits Modifying the time frame for obtaining a bUilding permit
under the Earthquake Recovery Act Will provide certamty for property owners who have
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begun. but not completed, the permlttmg process
Ordinance Amendments
As recommended, SectIon 9 of the Earthquake Recovery Act would be modIfIed to
allow projects that are deemed substantIally complete by April 19. 1997 to utIlIze the
provIsions of the ordinance Such projects would be reqUIred to obtam bUIlding permIts
by Apnl19, 1998 In order to exercise these nghts In addition. after a project receIves a
bUilding permit pursuant to the ordmance, the rights associated With the permit shall
lapse If the bUilding permit expires Given the significant decline m Issuance of
Earthquake Recovery Permits over the past year, the limited number of potential
earthquake related projects remalmng that may file applications. and the number of
projects that have received planning approvals but not bUilding permIt Issuance,
Planmng staff believes thiS modification Will faCIlitate recovery for these remalnmg
projects Without unduly prolonging rebUilding efforts
Amendment to Section 17 of the ordinance regarding CEQA compliance IS also
recommended Currently, pursuant to SectIon 15269 of the State CEQA GUIdelines
and the State of Emergency declared by the Governor of California, all Earthquake
Recovery Permitted projects are categoncally exempt from CEQA The ordinance
amendment would require CEQA compliance for Earthquake Recovery projects to be
evaluated on an indiVidual basIs to determme the level of environmental review
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required Given the City's successful recovery efforts and that the earthquake
occurred over three years ago, staff believes elimination of this emergency exemption IS
appropriate
Fmally. removal of the ordinance section on construction hours and the exemption from
the North of Wilshire Construction Rate Program IS proposed Since, pursuant to
Ord Ina nce 1823, th IS proVIsion expired on April 19, 1996 There a re now no special
regulations regarding construction hours In the City SimIlarly. the section on fee
waIvers has been removed since Earthquake Recovery Permits are now subject to
permit processing fees
PUBLIC NOTIFICATION
Notice of thiS public hearing was published In The Outlook Newspaper and mailed to
property owners of all red and yellow tagged bUlldmgs In the City at least 10 days prior
to the hearing A copy of the notice IS contamed In Attachment C
BUDGET/FINANCIAL IMPACT
The recommendation presented m thiS report does not have slgmflcant budget or fiscal
Impact
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RECOMMEN DATION
It IS respectfully recommended that the Council Introduce the attached ordrnance for
first reading
Prepared by
Suzanne Frick, PCD Director
Karen Ginsberg, Plannmg Manager
Amanda Schachter, Senior Planner
Attachments
A Proposed Ordinance
B Earthquake Recovery Permits Issued by Month, 1994-1997
C Public Notice
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ATTACHMENT A
CA:f\atty\muni\laws\mhs\eqrech4
city council Meeting 2-25-97
Santa Monica, California
ORDINANCE NUMBER ____(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 (eCS), 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, April 11, 1995,
':1.1,1 ,~\;~C):Jcr l"i. t99..>, the city Council adopted Ordinance Nos.
1755 (CCS), 1764 (CCS), 1796 (CCS), drid _ ',::! ": ~CCSl adding and amending
particular sections of the Earthquake Recovery Act; and
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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,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findinas and PurDose. The city Council finds and
declares:
(a) Numerous residential 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, residents have been displaced
from their homes and businesses, and owners face the task of
rebuilding damaged structures.
without a streamlined permit
process, families may be left homeless, neighborhoods will continue
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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 existing zoning ordinance
provisions, if damage to a structure equals or exceeds one-half of
replacement costs immediately prior to such damage, the structure
must conform to current zoning upon rebuilding. Adherence to these
zoning provisions would significantly delay rebuilding and
recovery.
(c) In addition, numerous damaged buildings contain more
housing units than allowed by current zoning. If current
rebuilding provisions were followed, there is the potential for a
loss of housing units on these sites.
(d) In order to preserve the City's housing stock, to
encourage rapid rebui lding 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, \oVulcu will ;,;;~ o.y-a.ilaJJlc '-Liitil i.i ..'!twt .i.:~:' '. .:'
.'1 '.-~~' .1prJ :t=:ltlc., fur wh.c:~ mu_~~. be '"i I crt 1~1 .\pril 19, 1997.
An Earthquake
reconstruction
Recovery Permit will authorize repair and
of earthquake damaged structures to their pre-
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earthquake condition. The Ordinance also establishes an expedited
revlew 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 reoccupancy
rights for displaced residential tenants of buildings requiring
repair or reconstruction.
(f) In order to preserve some 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 (1St).
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.
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SECTION 2. Definitions. Words used in this Ordinance shall
be defined as provided in this Section.
Words not specifically
defined in this Ordinance shall be defined as set forth in the
Zoning Ordinance.
(a) Affordable Housina 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,
requirement.
(c) Cost of Reoair.
any use with a different parking
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
Northr idge earthquake or its aftershocks for which the cost of
repair exceeds $1.00 per square foot of building area.
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(f) Earthquake Recovery Permit. A permit to repair, or
remove and reconstruct, earthquake damaged structures or portions
of earthquake damaged structures, issued pursuant to this
Ordinance.
(g) In-kind. In-kind means that, excluding any size
Incentive allowed by this Ordinance, and except as necessary to
comply with required Current Technical Code provisions:
(1) The square footage of the proposed structure does
not exceed the amount which existed in the 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 recycl ing enclosures are
substantially similar to those existing pre-earthquake; and
(8) There is no change in use except as specifically
allowed by this Ordinance.
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(h) Landmark eliaible. 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 Register 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 immediate ly
prior to the January 17, 1994 Northridge earthquake.
(k) Reconstruction. The in-kind restoration or rebuilding of
an earthquake damaged structure in which more than 50% of the
exterior walls are removed to the foundation.
(1) 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 estimated cost of replacing the
earthquake damaged structure, to be determined by the city using
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the most current Building Valuation Table published by the
International Conference of Building Officials.
(n) Residential Rental Pro;ect. A parcel containing two or
more rental dwelling units not held in condominium or cooperative
ownership. Any project for which a TORCA application has received
final City approval shall not be considered a Residential Rental
Project.
(0) siqnificant Desiqn Chanqe. The architectural style of a
building, building footprint, or the majority of the exterior
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 fifteen percent (~5%) over pre-earthquake
square footage on the parcel, and a total height increase of five
feet per structure on the parcel; but not allowing any increase in
the number of dwelling units.
(q) Tenqnt. Any tenant, subtenant, lessee, sublessee, or any
other person occupying a rental housing unit pursuant to a rental
housing agreement.
SECTION 3. Applicability.
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
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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 provisions, including
Subchapter 9.04.18 of the Zoning Ordinance concerning the repair
and alteration of nonconforming building and uses.
SECTION 4. Earthquake Recovery Permit Development stanQards
and Use Restrictions. An Earthquake Recovery Permit authorizes In-
kind repair or reconstruction, subject to the following provisions:
( a)
Nonconformina Buildinas and structures.
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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 "bootleg unit"), may be repaired provided the unit meets
minimum habitability standards. Residential Rental Projects which
are reconstructed pursuant to this Ordinance and which contain one
or more bootleg units may count those units in the total number of
units which may be reconstructed provided all reconstructed units
meet the requirements of the CUrrent Technical Codes.
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(b) Change in Use. No change in use shall be allowed for a
residential structure. For a non-residential structure, a
nonconforming use may be resumed after repair or reconstruction, or
may be replaced with a conforming use, and a conforming use may be
changed to another conforming use; however, in no circumstance may
the parking requirement for the new use exceed the parking
requirement for the pre-earthquake use. Notwithstanding the above,
nonconforming office use shall not be replaced with nonconforming
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 criteria are met:
(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 in
section 8(c) of this ordinance;
(3) The project complies with either the affordable
housing obligations 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.
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(4) If a condominium project, a tentative parcel map or
tract map is processed and approved concurrently with the
Earthquake Recovery Permit.
(c) size Incentive. A Residential Rental Project qualifying
for an Earthquake Recovery Permit is entitled to a size Incentive.
A Size Incentive allows a total square footage increase of up to
fifteen percent (15%) over pre-earthquake square footage on the
parcel, and a total height increase 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. Notwi thstanding 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) parkino Incentive. A Residential Rental Project
qualifying for an Earthquake Recovery Permit which is nonconforming
with respect to parking, may add additional covered parking spaces
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provided the additional spaces otherwise comply with current Zoning
ordinance provisions. The square footage of the additional parking
shall not count toward the fifteen percent (15%) square footage
increase allowed under a Size Incentive.
(e) Heiaht Modifications. Notwithstanding section 2(g) (3) of
this ordinance, the height of a reconstructed commercial structure
may be increased above the pre-earthquake height subject to the
following conditions:
(1) The structure is located in a commercial district;
(2) The structure is not adjacent to, or separated by an
alley from any residential use;
(3) The pre-earthquake structure was 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
district, whichever is less.
(f)
Sinale familv home reconstruction and new construction.
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(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 increased or new nonconformity created, and the structure
otherwise complies with all other provisions of this Ordinance.
(2)
Notwithstanding
Municipal
Code
Section
9.04.20.10.030(d), a project involving new construction of an
earthquake damaged single family home may apply for a variance to
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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 obligation. 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 percent (25%) of the total number of dwelling
units in the Residential Rental Project shall be affordable to low
and moderate income households.
LOW and moderate income levels
shall be defined as set forth in Santa Monica Municipal Code
section 9.28.020.
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(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 required may be affordable to low or moderate income
households, and alternating thereafter.
(d) Affordable units may have reduced size or amenities as
long as there are no significant identifiable differences between
the affordable units and market rate units visible from the
exterior of the dwelling units, and the size of each of the
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affordable units is equal to average market unit size, or satisfies
the following minimum total floor area~ whichever is smaller:
0 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
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 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 .
Earthcruake Recoverv Permit Aoolication.
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:
15
(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.
(c) Two sources of documentation of the pre-earthquake
condition of the property or structure sufficient to enable the
city to determine whether the project involves in-kind repair or
reconstruction. Documentation may include: approved building
permits; approved construction drawings; surveys from licensed
surveyors; county assessor information; certified property
appraisals; Sanborn maps; reports or drawings prepared by an
insurance company to support damage claims; photographs i Ci ty
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 (50t)
of the replacement value of the structure, or where less than fifty
percent (50t) of the exterior walls are removed to the foundation
16
(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 ("AAn) is required.
(3) If there is a significant design change,
Architectural Review Board ("ARB") review is required. Single
family homes are not subject to ARB review pursuant to this
subsection unless the structure is also landmark eligible.
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.
(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 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.
17
(d) flearin(Js and Notice. Review by the ARB or Planning
Commission shall require a public hearing I 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 Buildinq 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
Recovery Permit shall require a demolition permit pursuant to
applicable Municipal Code provisions unless the demolition was
ordered by the cityts Nuisance Abatement Board.
18
(q) ~peal~. 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
review of an application for an Earthquake
shall govern the
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 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
19
rehabilitation of historic structures, it is not economically
feasible to repair the structure.
(c) Plannino 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.
(4) 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.
20
(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 Aunroval.
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.
'"I .... ..r.:-' ':. <l r. ';.1. ." I : 'I c~-::rlp J ~= t ('
.'~': o.i:'.llion I::'Ur.~t he filed by April 1(';, !,j~',' i!: :-.!'~i(,': t!J (,b".~l~'l .":1
~:" t 1 H.c':tC" ke~~cvc' ry rr"::-lIl. No E.! rthqIM,l;,P- 1,(~'.:'~'J~~ :"'~ :"'f_.... ~ -:.. .' n,~ ~ ~ t c'
1.:- .~t-:d 1:;r ..:.y prulC'.:::1. \vt:ll::h ciOt!~i ro:. :-.ge1. ~Il:'::; :"lq.J.:,,!-.IIE..'.t. :~:e
rights granted by an Earthquake Recovery Permit shall expire if a
building permit is not issued by April 19, ~ 1999, 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.
SECTION 10. Comnosition 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
21
Resources Inventory, Volumes 1, 2, and 3 as of January 17, 1994,
two (2) members of the Landmarks Commission, appointed by that
body, shall serve as additional voting members of the Architectural
Review Board. Five (5) affirmative votes shall be required for
approval.
SECTION 11. Planning COInll\ission 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. Buildina Standard Comoliance.
building standards govern any work performed
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. Notwithstanding
the above, when the repair includes repair to suspended ceiling
systems, the repair must comply with Current Technical Codes.
(b) When the cost of repair is greater than ten percent (10%)
but less than fifty percent (50%) of the replacement value of the
structure, the damaged elements, as well as the essential ties and
support elements associated with the damaged elements, shall be
The following
pursuant to an
22
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) (c) 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.
(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.
23
SECTION 13. Comnliance 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
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 ReoccuDv 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:
(a) Any owner who reconstructs a residential housing unit
pursuant to an Earthquake Recovery Permit shall first offer the
24
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 reconstruction, the owner shall
submit a good faith offer to renew a rental agreement or lease on
terms permitted by law to any displaced tenant who has complied
with the requirements of subdivision (a) of this section. The
owner shall also inform the tenant of the expected date that the
unit will be available.
(c) This offer shall be deposited in the united states mail,
by 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.
25
(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 notification shall be made in the manner
established by subdivision (e) of this Section and shall only be
required if the displaced tenant has previously provided the owner
with 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.
(fJ The city shall make available official forms to tenants
entitled "Notice of Desire to Renew Tenancy or Reoccupy unitll and
"Notice of Change of Address" which may be utilized by tenants to
26
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 within 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.
8ECTIGl'; :i~. CyflO"tL"uct.ic,i-1 ~~uu:L- ~ ai-l~ CUJ.-!~t.L-u.ct.iui-J ~Q ~c ~i.- V~L- aiii.
CC~~~~~cti0~ h0~~~ f0~ ~ll C0~~t~~cti0~,
__L_L.'I___ __________~_..L.. ...1....-_
'A'uo::::...u.o::::J. ~,..u_;:;>uaH'" ...v au
27
Ba~~~~ua~~ ncCuyc~Y ?c~wi~
--- -........,,-----_.!_-
U.L, UIL,...I.JC..L w.....i:lc.,
~hall :::'c 7;3G
g ....u.
"t.:. 7
p.m. nvu~aY ~~~u~i~ ~-i~QY,
__~ _ _ ___ ..L..'-_____ __'1_ _ __ _
aJ.J...... ~ Q..lU. ....I..I..L '""\.&.':J&-'" U }oIe.1l1..
V.l1 :;Qt.U4~'iY.
ml__ ----~--..! -...!! ---- ~~ ..L.."L._ .....~__....I.-'-- _~ ._...~.. _,_.J___ _____..L-_____..:L..-.1 _~ -._--L..~ _______~__...
....~~c: ~LVV.l.~.L....U~ ......... ""~~c: ~~VL ""U VL ".I..I.~U.LLO:; "'VI1~"".L U"'''''.I.VI1 nc:u...c: rLV'::!LCUll
shall uu~ Q~~ly. ~~~ ~Luyi~iuup uZ ~~ig ~cc~ivu l~ chall uv luu~~~
ba ~ff~c~ivc af~~~ ~~~il 1;, ~;;~.
SECTION
-r6"
ji'-c:;:
~.
certificate
of
Economic
Hardshio.
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 (tlEarthquaketl) shall be SUbject to the provisions of
Chapter 9.36 of the Municipal Code, except as amended below:
(a) Timeliness.
(1) Any application filed pursuant to Section 9.36.170
shall be deemed complete or incomplete within seven (7) working
days after the Planning Division receives a substantially complete
application together with all information, plans, specifications,
statements of work, and any other materials and documents required
by the application form supplied by the City.
(2) The public hearing required by Section 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.
28
(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.
29
(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 A9Peal. 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 TT ;In. California Environmental Ouality Act ("CEOA")
Exel'i\P't:. i 01.
C"'...~~ .I. <mcC! .
"'T_~__~..L.'L. ~--L _ __ _,:1 ___
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_~_'" .L..'__ _L_....L_ __ ________________ _,__.,____~ '1___ ..L..L_ ____________~ _'- __..~~__~~~_
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. ..
-\"- ..
Ln p-~cC"~r..ml applicationu tor r.ari:.'1q..ldkr :tt~!'~~.'l':-:t rr'r.~"":.:.;, c.:..]
.' t .
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C:.'- er..--:rcr:.:-,e::t:.<ll re.::e.... 1.3 requ.:..~ed.
30
SEC'l'IC~; 18.
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ordinance Numbers
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a.ll...
1196(CCS) are !{,~~J(CC'::~j is t:ereby repealed.
SECTION ze. ~..
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 :1:9.
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
31
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.
SECTION ~:!;U. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
This Ordinance shall be
APPROVED AS TO FORM:
~ n
A - .
~ J 1'u Ai L.),..,.u-. ~1~f\..A{'
MARSHA JONE~MOUTRIE
city Attorney
32
,
ATTACHMENT B
1
EARTHQUAKE RECOVERY PERMITS ISSUED BY MONTH
1994 - 1997
1994 1995 1996 1997
JANUARY 102 62 50 6
FEBRUARY 288 99 89
MARCH 257 126 89
APRIL 150 131 84
MAY 128 160 64
JUNE 117 209 18
JULY 136 159 23
AUGUST 118 137 16
SEPTEMBER 84 87 9
OCTOBER 99 105 13
NOVEMBER 93 82 9
DECEMBER 95 58 13
TOTALS 1666 1415 467 6
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ATTACHMENT C
NOTICE OF PROPOSED AMEKDMENTS TO THE
EARTHQUAKE RECOVERY ACT
NOTICE IS HEREBY GIVEN that a PUBLIC HE~RING will be held by the Santa MOnIca City CouncIl for
the purpose of hearIng eVIdence for or agamst the adoptiOn of proposed amendments to Ordmance 1823
(CCS), also known as the "Earthquake Recovery Act."
TIME
TUESDAY. February 25.1997 AT 6 30 PM
LOCATION
COUNCIL CHAMBER, ROOM 213. CITY HALL
1685 MAl2\. STREET. ~ANTA :\10NICA
Proposed Amendment~
Ordinance 1823 (CCS) was adopted to facIhtate repmr and restoration of structures damaged ill the January 17.
1994 Northndge Earthquake The City Councll \\111 be consldenng several amendments to the Ordmance.
includmg 1) AlIov.' projects that have been deemed substant1alI~ complete by April 19. 1997 and have
receIved a bmldmg permit by Apnl 19, 1998 to contmue to utlhze the provlSlons of the Earthquake Recovery
Act; and 2) As of April 19, 1997, ehmmate the Cahforma Emlronrnental Quahty Act (CEQA) Emergency
ExemptIOn and begm evaluatIOn of CEQA comphance on a project b) project baSIS In addmon. ordmance
sectlOns regarding constructIon hours and fee waivers are proposed for deletIon smce these programs have
expIred
The City encourages pubhc comment on tlus and other proposals You or your representative or any other
person can comment at the publIc heanng, or by \\Tltmg a letter Letters should be addressed 10 the CIty
CouncIl, City Hall, 1685 Mam Street Santa MOllIca. CalIfornIa 90401
If desued, further mformatlDn may be obtamed from the Clfy Planmng Dl\'ISlOn. Room 212. Santa :vlomca
CIty Hall, 1685 Mam Street, Santa MOllica, CalIfornia 90401. or by telephone (310)458-8341
The meetmg facIlIty IS acceSSIble. If you need any dIsabIlity -related accommodations. please contact statT at
(310) 458-8701
Pursuant to CalIfornIa Government Code SectIOn 65009(b). If thIS matter IS subsequently challenged 11l Court
the challem!e may be lImIted to only those Issues raIsed at the Pubbc Heann!! deSCrIbed m thIS notice, or m
..... -" ......-
'wntten correspondence dehvered to the CIty of Santa Momca at. or pnor to the Pubhc Heanng
Esto es un aVISO sobre una audencla publIca para reVIsar apphcaclOnes propomendo desarrollo en Santa
MOllIca Esto puedo ser de mteres a listed 51 deseas mas mformaCIOn. favor de llamar a Lmnea Hernandez en
la DIVISIOn de PlantIficaClOn al numero (310)458-8341
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