SR-104-000-06 (10)
PCD:SF:AS:JL:F:\PLAN\SHARE\COUNCIL\STRPT\2004\Substantial Remodel2
August 3, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Interim Ordinance to Modify the
Zoning Code Pertaining to the Substantial Remodel Definition and the
Applicability Requirements for Adjustment Applications
INTRODUCTION
On July 27, 2004 the City Council conducted a public hearing and provided direction to
staff on the proposed interim ordinance defining substantial remodel and providing an
adjustment process for commercial structures.
BACKGROUND
Substantial remodel is a term used to identify the point at which an existing structure
has been altered to such an extent that it warrants compliance with all current
applicable municipal regulations. It applies only to buildings that do not comply with
current development standards, including but not limited to: setbacks, height, parking,
and land use entitlements. The provision is intended to balance opportunities that would
allow the retention and modest expansion of an existing nonconforming structure with
the City’s desire to abate nonconforming structures in order to promote public health,
safety and general welfare.
Council requested staff to return with an ordinance that would allow the replacement of
footings and provide an adjustment in the event during construction it is determined
walls need replacement due to dry rot or other unforeseen conditions.
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The proposed ordinance now allows replacement of the structural components below
the finished first floor provided the wall elements remain in place at all times and
continue to provide necessary structural support upon completion of the project. The
ordinance now separates the requirements for commercial and industrial buildings from
residential buildings. In addition, minor changes have been made to the ordinance
language for clarity. All changes are underlined in the proposed ordinance.
The proposed ordinance does not provide an adjustment process because the SMMC
Section 9.04.20.34.030 (g) already provides an adjustment process allowing buildings to
retain non-conforming setbacks if at least 35% of the exterior walls remain. Staff
believes this provides sufficient flexibility to address unforeseen conditions.
CONCLUSION
Application of the existing substantial remodel definition has resulted in structures that
comply with the literal reading of the provision, but not necessarily the intent. Wholly
new structures are constructed under the pretense of being a remodel, which has
allowed the retention of nonconforming structures to the detriment of the public health,
safety and general welfare. The proposed interim ordinance seeks to reinforce the intent
of the regulation, improve its applicability to commercial structures and balance the
City’s desire to ensure safe buildings and the retention of historically significant
structures.
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CEQA STATUS
The project is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Specifically, where it can be
seen with certainty that an action on a project will not result in a significant effect of the
environment, that project shall be exempt from environmental review. The proposed
ordinance modifies existing regulations to reinforce the intent of the original language
and provides exemption provisions to encourage safer buildings and the retention of
structures listed on the City’s Historic Resources Inventory.
BUDGET / FINANCIAL IMPACT
The recommendations in this report have no budget or financial impact.
RECOMMENDATION
Staff recommends the City Council introduce for first reading the attached Interim
Ordinance amending the substantial remodel definition and the applicability
requirements for Adjustment applications.
Prepared by: Suzanne Frick, Director of Planning and Community Development
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Acting Principal Planner
Attachments: A: Proposed Interim Ordinance
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f:\atty\muni\laws\barry\substantial remodel interim ordinance4-1.doc
City Council Meeting 8-3-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING THE THRESHOLD AT WHICH A STRUCTURE IS
DETERMINED TO BE SUBSTANTIALLY REMODELED AND THEREBY SUBJECT TO
ALL CURRENT APPLICABLE ZONING CODE REGULATIONS, ESTABLISHING
EXCEPTIONS TO THE SUBSTANTIAL REMODEL REQUIREMENTS, AND
AUTHORIZING ZONING ADMINISTRATOR ADJUSTMENTS IN SPECIFIED
CIRCUMSTANCES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) A legal, non-conforming building has been substantially remodeled when it
has been added to or altered to such a degree that the entire building must conform to
all current applicable zoning regulations.
(b) The substantial remodel provisions in the City’s Zoning Ordinance are
intended to balance the City’s goal for the orderly termination of nonconforming
buildings in order to promote the public health, safety and general welfare with the City’s
desire to allow the modest alteration or expansion of nonconforming structures.
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(c) The substantial remodel provisions contained in the City’s Zoning Ordinance
are difficult to interpret and implement.
(d) Even when properly implemented, these provisions can lead to unintended
results. The City has recently approved commercial projects that have permitted the
owner to essentially reconstruct entire nonconforming buildings without complying with
new development standards because the projects had not been substantially remodeled
under current law.
(e) In many cases, these commercial buildings lacked sufficient on-site parking.
The lack of adequate on-site parking has a significant impact on area businesses and
residents.
(f) Historic structures contribute individually and collectively to the City’s historic,
aesthetic and cultural heritage.
(g) The need to repair or replace cripple walls, footings, and foundations of
landmarked structures may be appropriate to ensure a safe building, but may be
hindered by the substantial remodel provision which would require that the entire
property be brought into compliance with current Zoning Code.
(h) Homeowners of potentially significant resources are increasingly choosing to
demolish these resources rather than simply remodel them due to difficulties they
encounter in complying with the substantial remodel provisions.
(i) The current substantial remodel provisions may also make it difficult for
homeowners of nonconforming structures generally to reasonably improve the safety
and functionality of their home.
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(j) Due to these circumstances, homeowners may elect not to make the safety
upgrades or chose to demolish existing improvements and rebuild rather than maintain
the existing structure.
(k) Given the circumstances described above, the Zoning Ordinance requires
review and revision as it pertains to the substantial remodel provisions.
(l) Pending the study and possible amendment of the Zoning Ordinance, it is
necessary, on an interim basis, to modify the threshold at which a structure is
determined to be substantially remodeled, establish exceptions to the substantial
remodel requirements, and authorize the Zoning Administrator to grant adjustments in
specified circumstances.
(m) As described above, there exists a current and immediate threat to the
public safety, health, and welfare should this interim ordinance not be adopted pending
the City’s adoption of permanent revisions to the City’s Zoning Ordinance.
(n) Consequently, the City Council finds and declares that the public health,
safety and general welfare requires adoption of an interim ordinance which modifies the
threshold at which a structure is determined to be substantially remodeled and thereby
subject to all current applicable Zoning Code regulations, establishes exceptions to the
substantial remodel requirements, and authorizes the City’s Zoning Administrator to
grant adjustments in specified circumstances.
SECTION 2. For purposes of this Ordinance, the following words and phrases
shall have the following meaning:
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Substantial Remodel
. The alteration of or addition to an existing legal
nonconforming building to such a degree that the entire building must conform to all
current, applicable zoning regulations including, but not limited to, land use approvals,
setbacks, height, and parking. Structures substantially remodeled shall also be
considered demolished and subject to Part 9.04.10.16 of Subchapter 9.04.10 of the
Zoning Ordinance.
SECTION 3. An alteration of or addition to an existing legal nonconforming
building shall constitute a substantial remodel if any of the following occurs at any time
over a five year period:
(a) More than fifty percent of the exterior walls are removed or are no longer a
necessary and integral structural component of the overall building. Elements of the
exterior wall include columns, studs, cripple walls, or similar vertical load-bearing
elements and associated footings. However, existing exterior walls supporting a roof
that is being modified to accommodate a new floor level or roofline shall continue to be
considered necessary and integral structural components, provided the existing wall
elements remain in place and provide necessary structural support to the building upon
completion of the roofline modifications.
The calculation for determining whether a structure is substantially remodeled
shall be based on a horizontal measurement of the perimeter exterior wall removed
between the structure’s footings and the ceiling of the first story, as defined in Chapter
8.12 of the Santa Monica Municipal Code.
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(b) In commercial or industrial buildings not principally supported by exterior
bearing walls, more than fifty percent of the principal support structure including
columns, structural frames and other similar primary structural elements, is removed or
no longer a necessary and integral structural component of the overall building.
(c) New floor area is added to a commercial or industrial building that exceeds
fifty percent of the existing floor area of the building.
SECTION 4. An existing nonconforming building that constitutes a substantial
remodel pursuant to Section 3 of this Ordinance shall lose any legal, non-conforming
status which it may have had and may only be replaced or rebuilt if the entire structure
is made to comply with all current, applicable Zoning Code requirements unless:
(a) The existing building is a historic resource including, but not limited to,
structures listed on the City’s Historic Resources Inventory that have been updated in
the last five years, provided the alteration or addition conforms with the Secretary of the
Interior’s Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating
Historic Buildings.
(b) The existing building is commercial or industrial and is altered in accordance
with all of the following criteria:
(1) The alterations only involve the replacement of the footings, cripple walls,
stem walls, or similar structural components between the structure’s footings and the
finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal
Code,
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(2) The alterations are only undertaken to the minimum extent necessary to
maintain a safe structure
(3) The existing exterior wall elements or principal support structure remain in
place at all times and provide necessary structural support to the building upon
completion of the alterations.
(4) No new floor area is added.
(c) The existing building is residential and is altered or added to in accordance
with all of the following criteria:
(1) The alterations or additions to the existing residential building include the
replacement of the footings, cripple walls, stem walls, or similar structural components
between the structure’s footings and the finished floor of the first story as defined in
Chapter 8.12 of the Santa Monica Municipal Code.
(2) The existing first story exterior wall elements remain in place at all times and
provide necessary structural support to the building upon completion of the alteration or
addition.
SECTION 5. In addition to the adjustment authority for substantial remodels
established pursuant to Santa Monica Municipal Code Section 9.04.20.34030(g), the
Zoning Administrator may grant an adjustment from the requirements of subsection (c)
of Section 3 of this Ordinance in accordance with the procedure set forth in Santa
Monica Municipal Code Part 9.04.20.34.
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SECTION 6. This Ordinance does not alter the nonconforming building and use
provisions contained in Subchapter 9.04.18 of the Zoning Ordinance.
SECTION 7. This Ordinance shall be of no further force or effect sixty days after
its effective date unless prior to that date, after a public hearing, noticed pursuant to
Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
SECTION 8. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 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 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.
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SECTION 10. 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. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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