SR-091404-7F
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Council Mtg: September 14, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of a Proposed Interim Ordinance Extending
the Provisions of Ordinance 2136 (CCS) 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.
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance extending until October 28, 2006 the provisions of Ordinance Number 2136
(CCS) which modified the threshold at which a structure is determined to be substantially
remodeled, established exceptions to the substantial remodel requirements, and
authorized the Zoning Administrator to grant Adjustments in specific circumstances.
Ordinance Number 2136 (CCS) will expire on November 8, 2004 unless extended prior to
that date. The proposed ordinance, which will extend the interim standards for two years, is
included with this report as Attachment A.
DISCUSSION
On August 10, 2004, the City Council adopted Ordinance Number 2136 (CCS) establishing
new thresholds to determine when a structure has been substantially remodeled.
Exceptions to the thresholds and establishment of Adjustment procedures were also
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implemented. The ordinance will expire on November 8, 2004, unless the City Council, by
majority vote, extends the interim ordinance.
The proposed ordinance establishes thresholds that are clear to interpret and implement,
expands protections for historic resources, and permits homeowners an opportunity to
improve the safety of existing structures. The interim ordinance balances the City’s goals
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.
As proposed, the interim ordinance will be extended for two years. During this time staff
will prepare permanent language as part of the comprehensive evaluation of the City’s
Land Use Element and Zoning Ordinance.
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 interim
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.
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PUBLIC NOTICE
A legal advertisement was published in the “California” section of the Los Angeles Times
at least ten consecutive calendar days prior to the hearing. A copy of the notice is
contained in Attachment B.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report has no budget or financial impact.
RECOMMENDATION
Staff recommends that the City Council introduce for first reading the interim ordinance
included in Attachment A.
PREPARED BY: Suzanne Frick, Director of Planning and Community Development
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Acting Principal Planner
Attachment: A: Proposed Interim Ordinance
B. Public Notice
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ATTACHMENT A
PROPOSED INTERIM ORDINANCE
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f:\atty\muni\laws\barry\substantial remodel interim ordinance extend-1.doc
City Council Meeting 9-14-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE 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.
(c) The substantial remodel provisions contained in the City’s Zoning Ordinance
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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.
(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
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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) In light of these concerns, the City Council adopted Ordinance Number 2136
(CCS) on August 10, 2004 which modified the threshold at which a structure is determined
to be substantially remodeled, established exceptions to the substantial remodel
requirements, and authorized the Zoning Administrator to grant adjustments in specified
circumstances. However, this ordinance will expire on November 8, 2004 unless
extended. Adoption of the proposed extension ordinance will provide staff with adequate
time to amend the City’s Zoning Ordinance on a permanent basis.
(n) 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.
(o) Consequently, the City Council finds and declares that the public health, safety
and general welfare requires adoption of this interim ordinance to extend the provisions of
Ordinance Number 2136 (CCS) up to and including October 28, 2006, 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
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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:
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
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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.
(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
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floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code,
(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. The Zoning Administrator may also grant an adjustment in accordance
with the procedures set forth in Santa Monica Municipal Code Part 9.04.20.34 to allow a
building to retain nonconforming setbacks when substantially remodeled provided all of the
following criteria are met: (a) the exterior walls are required to be replaced due to
structural damage caused by dry rot or termite damage, (b) the structural damage was
unforeseeable through reasonable due diligence prior to the issuance of a building permit
for the alteration or addition, (c) the structural damage was only discovered during the
course of construction, (d) the structural damage was verified after inspection by the
Building Officer, or designee, while the damaged exterior walls are still in place, and (e)
the building is located on a substandard lot.
SECTION 7. This Ordinance does not alter the nonconforming building and use
provisions contained in Subchapter 9.04.18 of the Zoning Ordinance.
SECTION 8. This Ordinance shall be of no further force or effect after October 28,
2006 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 9. 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.
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SECTION 10. 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.
SECTION 11. 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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ATTACHMENT B
PUBLIC NOTICE
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Introduction and First Reading of a Proposed Interim Ordinance Extending the Provisions of
Ordinance 2136 (CCS) 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.
DATE/TIME: TUESDAY, September 14, 2004, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or
by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
Re: Substantial Remodel Interim Ordinance
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Jonathan Lait at
(310) 458-8341, or by e-mail at jonathan-lait@santa-monica.org. The Zoning Ordinance is available at the
Planning Counter during business hours and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-
8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format
upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court,
the challenge may be limited to only those issues raised at the public hearing described in this notice, or in
written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa
Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al
número (310) 458-8341.
APPROVED AS TO FORM:
___________________________
JONATHAN LAIT, AICP
Acting Principal Planner
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