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SR-8B (21) . .. 88 ~ PCD SF:DKW:f:\plan\share\councll\strpt\eqell Counc1l Mtg. July 12, 1994 Santa Monica, Californla JUL 1 2 199't TO: Mayor and Clty Council FROM: City Staff SUBJECT: Recommendat1on to Introduce for Flrst Readlng Ordinance Amendlng Ordlnance 1736 (CCS) to Clarlfy Affordable Houslng Obllgations for Propertles Which Had Been Removed From the Rental Housing Market Via the Ellis Act as of January 17, 1994, and to Lengthen the Time Period That Displaced Tenants Have to Not1fy Their Landlord That They W1sh to Renew Their Tenancy INTRODUCTION ThlS report recommends that the Clty Council amend the affordable housing obl1gat1on requirements of "Earthquake Recovery Act" (Ordinance 1736 (CCS}) to address propertles which had been removed from the rental houslng market V1a the Ellis Act as of the date of the Northr1dge Earthquake (January 17, 1994). Th1s report also recommends that the City Councll awend this ord1nance to lengthen the tlme period that d1splaced tenants have to notlfy thelr owner that they wlsh to renew thelr tenancy In an earthquake damaged structure after the structure has been demollshed and reconstructed. ThlS report recommends that the ordinance be amended to impose Slm11ar notlflcat1on requlrements on tenants displaced from a residential ho~slng U~1t so that an owner can undertake earthquake related repairs. F1nally , it is recommended that the ord1nance be amended to clarify certa1n prov1s1ons of this Bectlon. " - ..L - JUl 1 2 199't ~ . ~~.., ~. I ~.U) OD BACKGROUND Ordinance 1736 (CCS) was adopted on April 19, 1994 to ass1st 1n eart~quake recovery efforts. It establ1shes procedures and standards for the repa1r and reconstruct1on of earthquake-damaged structures. Sectlon 5 of the ord1nance specif1es affordable housing obligat1ons, WhlCh effectively vary between 15 and 25 percent of units reconstructed. However, th1s sectlon only applles 1f the pro] ect requlres an Earthquake Recovery Permit, and also requires a removal permit from the Santa Mon1ca Rent Control Board. Section 5 of Ordinance 1736 (CCS) does not address the situation of earthquake-damaged structures wh1ch had been removed from the rental hous1ng market V1a the Ellis Act, creat1ng a potential gap ln the affordable housing schema The proposed emergency ordinance would address this issue, sett1ng a 25 percent affordable obligation for such structures in the event that the owner chose to obtaln an Earthquake Recovery Permlt and subsequently re-enter the rental hous1ng market. It appears appropriate to require an affordable hous1ng requirement ln such s1tuations to achleve consistency w1th how other structures are treated, and to further the C1ty'S affordable houslng object1ves While one alternat1ve mlght be to prohibit damaged Ell1s structures from Making use of the provisions of the Earthquake Recovery Act, this would act as a disincentlve to the potent1al restoratlon of the rental hous1ng stock, and therefore that approach appears inappropr1ate Owners who ut111ze Ellis Act - 2 - procedures subsequent to January 17, 1994 would not be ellg1ble for an Earthquake Recovery Perm~t. Sect10n 10 of this Ord1nance estab11shes the r~ghts of d1splaced tenants to reoccupy the1r units ln an earthquake damaged structure. This Sect10n currently requires tenants to not1fy a owner within thirty (30) days of d1splacement or th1rty (30) days after the adopt1on of the ord1nance (May 19, 1994), whichever 1S later, that the tenant des1res to renew the tenancy and to prov1de a forwarding address. Concern has been ra1sed that the timing requ1rements for tenant notificat1on to their owner are unduly harsh and may unnecessarlly cause tenants to lose the benefits of thlS prov1s1on. Glven these concerns, this provls1on has been modlf1ed to slmply require that displaced tenants provide the requ1s1te notiflcatlon to thelr landlords prJ-or to final Clty s1gn-off on the owner's building perm1t author1z1ng the reconstruct1on. The ordinance has been similarly modified to 1mpose the same requ1rement on tenants displaced due to earthquake repa1rs Such modlfications w11l provlde ample opportunlty to d1splaced tenants to meet the requ1rements of tn1s Section and should pose no detr1ment to owners reconstructing or repa1rlng earthquake damaged property. This Sect10n has also been modlf1ed 1n certain respects to clar1fy 1tS language and operatlon and to spec1fy the manner 1n Wh1Ch speclflc correspondence between the owner and tenant must be delivered. - 3 - BUDGET/FINANCIAL IMPACT The recommendat1on presented 1n this report does not have any budget or f1scal lmpact. RECOMMENDATION It ~s respectfully recommended that the Councll introduce the attached ordinance for first read1ng. Prepared by. Suzanne Fr1ck, PCD Director D. Kenyon Webster, Plann1ng Manager f:\plan\share\council\strpt\eqell (5 ) - 4 - CA:f\a\m\l\mhs\eqrecaS City Council Meeting 7-12-94 Santa Monica, California ORDINANCE NUMBER (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EARTHQUAKE RECOVERY ACT CONCERNING ELLIS ACT WITHDRAWN PROPERTIES AND THE REOCCUPANCY RIGHTS OF DISPLACED TENANTS WHEREAS, on April 19, 1994 the city Council adopted Ordinance Number 1736 (CCS) , the Earthquake Recovery Act, establishing procedures and standards for repair and reconstruction of earthquake damaged structures; and WHEREAS, it is necessary to amend the Earthquake Recovery Act to clarify its application to residential projects which have removed units from the residential rental market pursuant to the Ellis Act; and WHEREAS, it is also necessary to amend the Earthquake Recovery Act to revise the timing requirements for tenants to notify owners of their desire to reoccupy their unit after reconstruction or repair and to clarify the application of certain other provisions governing the reoccupancy rights of displaced tenants; 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 2 of Ordinance Number 1736 (CCS), the Earthquake Recovery Act is amended to read as follows: 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 Housinq unit. A rental unit meeting the requirements of Section 5 of this Ordinance which is affordable to a household with low or moderate income. (b) Chancre of Use. For residential structures, a change to non-residential use~ or a change from apartments to condominiums/,o'r ... i t::...H:.C~WlI'] L f!'"c:; t:1C rr:lnt,ll hn..hHr:g ,.. \:kt-t Jlu r~';i:;JIl'!" !"!': t!';.(lI 1: 11 i ~~ ,",:.. -:: ., r t(llC tl.(' .J.tmMry 1", 1':::194 :'f,Jrt '''lr ;ci'J~~ (';~rt~i""il. 11~C'; for non- residential structures, any use with a different parking requirement_ (c) Cost of Repair. The estimated cost to repair or reconstruct to be determined by the City based upon information provided pursuant to section 6(a) of this Ordinance. Cost of repair shall include the cost of including any additional square footage allowed as a size incentive pursuant to this Ordinance. 2 (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 Damaqed structures. structures damaged by the Northridge earthquake or its aftershocks for which the cost of repair exceeds $1.00 per square foot of building area. (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; 3 (5) The number of parking spaces provided is no less than the parking provided pre-earthquake (unless the structure is located in the Downtown Parking Assessment District); (6) Lot coverage is no greater than that which existed pre-earthquake; (7) Landscaping, trash and recycling enclosures are substantially similar to those existing pre-earthquake; and ( 8 ) There is no change in use except as specifically allowed by this Ordinance. (h) Landmark eliqible. 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 4 residential structures, any construction which, excluding any Size Incentive allowed by this Ordinance, is not in- kind. (j) Pre-ea:rthquake. The condi tions existing immediately prior to the January 17, 1994 Northridge earthquake. (k) Reconstruction. The in-kind restoration or rebuilding of an earthquake damaged structure in which more than 50% of the exterior walls are removed to the foundation. (1) ReDair. 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 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. 5 (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 (15%) over pre-earthquake square footage on the parcel, and a total height increase of five feet per structure on the parcel; but not allowing any increase in the number of dwelling units. (q) Tenant. Any tenant, subtenant, lessee, sublessee, or any other person occupying a rental housing unit pursuant to a rental housing agreement. SECTION 2. section 5 of Ordinance Number 1736 (CCS) , the Earthquake Recovery Act is amended to read as follows: SECTION 5. Affordable Housinq Obliqation. The provisions of the City's Inclusionary Housing Program, Chapter 9.28 of the Municipal Code, shall not apply to any proj ect 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 requires a removal permit from the Santa Monica Rent Control Board. The following affordable housing obligations shall apply: 6 (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, 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. (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 7 14 15 16 17 18 19 20 2 2 2 2 2 2 2 2 2 2 2 3 3 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. Cd) 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 affordable units is equal to average market unit size, or satisfies the following minimum total floor area, whichever is smaller: 8 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 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. (q) l'!~!': 1c. ~t : 1 i" ~ ~.1 ~ 1- 1--: -,r-u..- i~..'-: t~~ IJr ":J.:~;.S_.i.q~; "':: ~.... 1"':,.", n !. ~' r :-_~' r ~ _ J;, ~, .. .. . ' . I : :~. .-. (... . ,a,ni. pro ~ ('C"; invoLvlI:q " [Hr:.:rl cc:-t l i -1:'':1 tft';'; t~!" n.Ht 0".."111:'1'3 llnit':~ .. t t' . <<::.~cn,.J .~~~. ~ roc n: t 1'1'\ ~I tl1';l.1.1 '! ~'':. I .J J ~ UOl thr i dOJe e,t.:: t~~"i~Hl kfJ . h.lt] l~('" ("In "": -: :.": ~ .1.. U ~ n...:' t.tu.: t'. nt ,1 ::'I~' rk(~ t purS1.O.J.llt to t~l(, r:: 1 i~; ."~:r. I~rd.;.h !"n (l':": ':!':"'rJ,~'" q.L,li~ i(l5 f\>r a~~,", ol;t.ti ns ;:Hi 1 n t.t' "; 'lk,. . I~t.'':-~J\'e''ri. 1 c:':-- it !:il: J 11 co:-~:ll. \oi,'jth T..~'.r l'j;' ~..r (ct.l.'lL.Jeo hC';J_Hr.IJ t.~!...] :~rn::cn of tlii!: 5c~tlon 5$b~",.-:'i '11l}' ('1 -..{~ ..:lit'~ ~.c f,'i.t''!!J lifter rep.l;:- (~r r(H.::-;n~.tr..i..:t ic:'l. SECTION 3. section 10 of Ordinance Number 1736 (CCS), the Earthquake Recovery Act is amended to read as follows: 9 SECTION 10. Riqht of Displaced Tenant to ReoccuDV Residential Housinq 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 reconstructed unit for rent or lease to any tenant who has been displaced from the unit due to the need to undertake the reconstruction. ~~~ of t (" r i:'h.-ll LC' :-..I!'~ i - ~.. (. :.:.:U r~r:!!" f'. p .~J b: : :'h.~d I: y ~hlbdivjF:lC:-:r: :i::) cu,j ~~:j (~~ -:1:.-: 'i. ~.t. u. arid Jl.,lll cnil bn re[" l:r"'] If the tenant .,.~""1-.~_ ....1-.~_....u I...,,) d""~ _4' ....""- ..... 11". ,,-l ......~_.&........... -................,J \"",,V .......1- -..... -......- ~.:__,______... __ ~'-_ _....::1__.....:__ _-c ..........-=_ ".........3..:_____ ............:_......_....__ _.._~____......._....._"........ "--....._ ---,t'--_..... -.... _........a.....,;, _A.............."'-".........._, ..........a..._......_..._.... i:; l::.t.~::::', has prcy' i ~"L.; 1 Y provided the owner with written notice : II J i "~l t ~ n:J ~ his or her desire to renew ox! rt:c.'~;t..: b t ;~: h the tenancy and ~::.:; f~:::-~i:;h~d. t.h:: -......--- .......::~...... _...-..,I;~-"" _..... _..... P:CViJ:':l ] an address to ......1.....:_...... .........---.... ...."" -.... _4'4' __ _........--...L . ....... ....- ...- '-- di::::,:::;t.::d tc.' ir.::lc~ the r:.Cl~':- :.1 =.~.l:: r.) i 1 ttr'" eff ,~~. That tenant =::.y shoul1 advise the owner at any time during the displacement period of a change of address to which an _4'<P__ . _ ...._ __... "-..L. ..._ __ ::::: =i:::-~=t::~J t :J .... i1 : t:l 't h.' u ~ ~ ..: t ::t.Cli l:i 1..:J ~(;nt. (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 10 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. l~,(c) Within five (5) days after final city sign- off on the building permit authorizing the repair of an earthquake damaged structure, any owner who wac required ~ 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. T"lI_': __ ._ ~..&......._- -- di=pl~=~=~~~ == ~i~~in thir~y ~~~~ =~J= ~~~~~ ~dcpti~~ == 11 .....1-.:- 1"'\_....::1..:_____ ..........._ "'.... "-4.....'\04,........._, ..._..l....: _l._...-r__ ....................-... ........... ,-....-- .."""'....-.... , -........_ _....___ _'k_' '1 _.a...._ _....A..._..... _.a.........&...... :;='t.=-i~ i'~ 1 n not i ~ iC:.l t I r. n :."".1 1 t~.:l : .~.~..:' i r:. ttU! m:!.~ ner c:.~tcd:li.:it..C".J bi' :;~L.Ji.:i:;J.::, (c) u! this':; .,'t':'cn L1:1:J shall only be rt~'juirmt jf tt~, di .1 . '.~'(d t(.'~ .:'~. l~.IL~ f:n..vici.l~~y provid~u ~ht. o..nr~r ",i~.. ...r Ilt.t II In:t.:.Ct.~ in..:i..: ,tine) h:.s c.r nnc do::,icC" to rco'-:l.:lJpj.' -:-:.c ..:d t c.l:-.j r :".':::': i:~ i :1:J a:l d.:l~lrC"~;s to "'hich:~~ oOo.lr:.t'r ~h:')l:lLJ : :JI'" ~t~. ':~lC t~""H.[ th-lt the unit i.. ~. ava j lLlhle foe rc ':~~'l:'l.p 1f::Y ...._ .....'L...:_...... ........... -..........-..... ~",- ..----.. --...........- -_......:#.:__......:_- .....- -........ ~_.... - .....-.... . ~~ ..- ~~ ......_ ..;:J': ___...._..;3 -- .............- -- ---. ,,- .1:1..... -.....---- -..........-- _l-._" _............&....... '-- __,..:_...._..;:J _.&: ..........._ _.......,.:___.:___ ____.::.s:.::_..-::I .::_ ....._~..._.._-. -.... -.......- --~~~-.._....._......- -.t""'-_..&.~......_- ~..... ..""'.: _ _...1.-..____..:__ _........&._ _....____ _~_.a... __,..... ..: 4: ....\..,_ ....____... ......__ ....___..: __"-_..:31 '"'.: _ __ '-__ ~_____....... _.......~ ....... ............... ........................... .........._ ....."-".....u............................... .......~_ .......... ....._... __.&.............~ ...:1....-.:-- ...........~ .......&"=' ...", - -......- ..:31-=__,___.....__~ -...........1:'......--.......-.... - ___-=_..:31 1:""'-.-.....-....... '11 It t" C"1 " t ~';~~...I..I : ~J adv.:~(. t:1Q (~..Ia~;' ... "I :'"I! ! : I l'll (!.. r 11~"! t t. 'II 1 i : -(> 1 'J C:(..1r~ II": por.!.ou 0: il cht"l!.':Jt~ ~): ,ui-H':~' t.C} r.hl~':l r:lt. :.:.ttfi-=:"1ticn ahou Id t:~ ~w;';.t. (e) 'l.t~c I.ctjrlc:-,t'h~n trJ i! '1i:'p:t,,~nLi tcn::!llt t.=~,t h:'~,:I:u"!'" ur:.:t 1 ~. .' rc.'.1 !: t ~Jr rfll="~":" !...: 11.:::-" ,. . n~'I'1 i rrJd t'y suhd j v.:.:- j C~ (::) r.t ~;-: j ~ ;:! C,:t j [.JI '::';:Io'~ ~. b.' d.':1 ~C'::. t....J in t.h~ L'nitc.j ~.t ''=f''':': .- , : , II.. _ , hl' rc(;i..t'~~'(d (-.r c,','rt.l:i('d f i n~t Cl.,r::ii r~.~.:.l ....ith r.c:-:t :.!f:' p;!.p.lhi, ., Loire.:! c~i to thr.o di:;1.:1ac.....tl tr:n.l:it dt t::r.' :dt)~r.;;~ hirli...::u..! t(,~ ,:~u.' o....rlt'r rind ~;.hdl1 ht'l'l"C' t:":.c cu.rt"lnt "lX~-.J'1 .111r."" ".!("I n.nt [.:lr t.hp un):.. (f.) ,d} The City shall make available official forms to tenants entitled "Notice of Desire to Renew Tenancy 9~ Ht~m=c.:r}' l:-~: t.,1I and "Notice of Change of Address" which 12 may be utilized by tenants to meet the ~~~~i~it~ notice requirements of thi::: s~::'ti~~ ~h;UJ.LV~:-.(::l.-: !") it:-.;! (d) cf th .Hi Sc.~:t" .:.on. l{g;J (f) 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 ti';$ t'S); ~ (2) business days after it is (.."..;" ...:.... provided to the owner or displaced tenant. {~T{~} 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. (:.) fill 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. ()) l : : The right of a displaced tenant to n.:"'........ Cl tt'I'U:1t.y or reoccupy a residential housing unit as established in this Section is in addition to any right to reoccupancy or rl~;U--^, 1 that may otherwise be authorized by law or contract. lkl:(j) 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 13 regulation to be adopted by the city's Housing and Redevelopment Division. SECTION 4. Any provision 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 5. 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 the remaining portions of this Ordinance. The city council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 14 SECTION 6. 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 wi thin 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~~L~ MARSHA JON~ MOUTRIE city Attorney 15