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SR-071106-7D (2) e .- ~CitYOf Santa Monica'" City Council Report City Council Meeting: July 11, 2006 Agenda Item: 7-7:> To: Mayor and City Council From: Andy Agler Planning & Community Development Director Subject: Extension of Four Interim Ordinances Affecting City Zoning Regulations Recommended Action It is recommended that the Council introduce for First Reading the interim ordinances included in Attachment A in order to: 1) extend Interim Ordinance 2143 (CCS) (Substantial Remodel Definition) to January 24, 2009: 2) extend Interim Ordinance 2147 (CCS) (Furniture and Portable Amenities on the Public Right of Way) to April 29, 2008 3) extend Interim Ordinance No. 2150 (CCS) (Alcoholic Beverage CUP Discontinuance) to May 24, 2008 4) extend Interim Ordinance No. 2164 (CCS) (Driveway Requirements for Structures with 40 to 80 Spaces) to December 11,2009 Executive Summary The four subject interim ordinances were adopted by the Council in response to specific inadequacies in the Zoning Ordinance that required immediate remedy through interim measures. As the City progresses in its development of a new Zoning Ordinance that 1 will comprehensively address these and many more issues, the temporary measures contained in these four interim ordinances continue to be necessary to protect the public health, safety and welfare. The proposed actions will keep them in place for the maximum legally permitted terms until their provisions can be superseded by the new Code anticipated within the next two years. No changes to any of the interim provisions are proposed herein. Discussion SMMC 9.04.20.16.060 allows the Council to adopt interim ordinances when a finding is made that the measures taken are necessary to address a current and immediate threat to the public health, safety, and welfare. This finding was made in regard to each of the subject ordinances. Interim Ordinances may be extended for a total of approximately 52% months, at which time they must either be adopted as permanent Code language or be allowed to expire. The proposed extension dates, from April 2008 through December 2009, represent the maximum legal term for each ordinance. The extensions are recommended because the provisions of each of these ordinances continue to serve the public interest, and it is essential that they remain in place pending the revision of the Zoning Ordinance. It is anticipated that the new Zoning Ordinance will be adopted prior to the expiration of all or most of these interim ordinances. The following are brief summaries of the provisions of each ordinance: 2 Ordinance No. 2143: Substantial Remodel Definition Defines the threshold for determining that a project constitutes a substantial remodel. Requires that projects determined to be substantial remodels comply with all current, applicable Zoning requirements with three exceptions: 1) Structures listed on the Historic Resources Inventory that have been reviewed and given a status update within the last five years; 2) commercial and industrial projects that meet certain criteria; and, 3) residential projects that meet certain criteria. Ordinance No. 2147: Furniture on the Public RiQht of Way Provides circumstances in which furniture may be allowed on a public right of way in connection with a commercial business and limitations on its placement. Allowable furniture includes seating for restaurant waiting areas, portable landscape and cigarette disposal receptacles for retail businesses. Ordinance No. 2150: Alcoholic BeveraQe CUP Discontinuance Provides that establishments dispensing alcoholic beverages must obtain a Conditional Use Permit (CUP) if the use on the property is discontinued for over one year (or six months if located in the Main Street Special Commercial District), whether or not a CUP had been obtained in the past at the premises. 3 Ordinance No. 2164: Driveway Requirements for development with more than 40 ParkinQ Spaces Allows the Transportation Planning Manager flexibility to approve the number and type of driveways required for projects in multi-family, commercial and industrial districts based on considerations of safety, efficiency and effectiveness. Previous Council Actions The Council previously held first and second readings for each of these interim ordinances between 2003 and 2005, at which time they were fully discussed at public hearings and adopted. Alternatives 1) The Council could allow any or all of these interim ordinances to expire, in which case the regulations would revert to the underlying Zoning Code language. 2) The Council could amend provisions of any or all of the interim ordinances and extend them. 3) The Council could initiate text amendments to codify any or all of the interim provisions as permanent Zoning Code provisions. Environmental Analvsis The attached proposed ordinances are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the 4 California Code of Regulations since it can be seen with certainty that there is no possibility the extension of their provisions may have a significant effect on the environment. Public Outreach A legal advertisement was published in the "California" section of the Los Angeles Times at least ten consecutive calendar days prior to the hearing and sent to all neighborhood organizations. BudQetlFinanciallmpact The recommendation presented in this report has no budget or financial impact. Prepared by: Elizabeth Bar-EI, AICP, Senior Planner Approved: Andy Agle Interim Director, Department of Planning and Community Development Attachments: A. Proposed Extended Ordinances Forwarded to Council: 5 ATTACHMENT A Proposed Extended Ordinances 6 f:\atty\muni\laws\barry\alcoholcupextend 7-11-06 Council Meeting 7-11-06 Santa Monica, California ORDINANCE NUMBER _ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA EXTENDING INTERIM ORDINANCES CLARIFYING THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CUP'S MUST OBTAIN NEW ALCOHOL CUP'S IF THE ESTABLISHMENT CEASES OPERATING FOR A PERIOD IN EXCESS OF ONE YEAR, EXCEPT THAT, FOR PREMISES IN THE CM DISTRICT, THE TIME PERIOD SHALL BE SIX MONTHS THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOllOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a) In 1985, the City adopted Part 9.04.10.18 of the Zoning Ordinance, Alcohol Outlets, to regulate establishments dispensing alcoholic beverages. (b) While the issuance of liquor licenses is the exclusive province of the State, local governments are authorized to impose reasonable land use and zoning restrictions on alcohol establishments directed at the land use effects of these businesses. (c) The City adopted the alcohol outlet regulations in recognition of the complex interrelationship between the availability of alcohol, the consumption of alcohol, and resulting community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance. 1 (d) Santa Monica'Municipal Code Section 9.04.18.020 requires all new businesses or uses dispensing alcoholic beverages for sale or other consideration to obtain a conditional use permit. (e) Section 9.04.18.020 also provides that a conditional use permit is required for existing premises where operations have been discontinued for a period of over one year. (f) Since this section's adoption, the City has interpreted this provision to apply to all existing premises including those which already obtained an alcohol CUP. (g) Certain alcohol establishment owners and operators have challenged this interpretation, contending that this provision of the Zoning Ordinance only applies to existing premises that have never obtained an alcohol CUP and not to those which obtained an alcohol CUP but whose operations have been discontinued for more than one year. (h) Section 9.04.08.28.070 is more restrictive than Section 9.04.18.020, providing that an existing use in the CM District shall not be considered existing if the use has not been in regular operation for a period of six months. (i) The purpose of this interim ordinance is to clarify that existing premises which dispense alcoholic beverages for sale or other consideration that cease operation for a period greater than one year must obtain an alcohol CUP even if that establishment previously obtained an alcohol CUP, except that, for premises in the CM District, the time period shall be six months. m The City Council finds and declares that the public health, safety and general welfare require adoption of an interim ordinance clarifying that all existing establishments which cease operation for more than one year, or for more than six months in the CM 2 District, must obtain a new alcohol CUP to ensure that City review and approval of alcohol outlets occurs on a case-by-case basis and reflects the specific and current circumstances of the particular alcohol outlet, its location, the surrounding neighborhood and any potential problems relating to specific and current circumstances. (k) Therefore, Santa Monica Municipal Code Section 9.04.10.18.020 should be clarified to provide that existing operations which have been discontinued for a period of over one year, or six months in the CM District, shall be required to obtain an alcohol conditional use permit prior to resuming business whether or not a conditional use permit was obtained in the past for the premises. (I) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to clarify that existing operations which have been discontinued for a period of over one year, or six months in the CM District, shall be required to obtain an alcohol conditional use permit prior to resuming business whether or not a conditional use permit was obtained in the past for the premises. (m) In light of these concerns, the City Council adopted Ordinance Number 2105 (CCS) on December 16, 2003, which clarified that business establishments with alcohol CUP's must obtain new alcohol CUP's if the establishment ceases operating for a period in excess of one year, except for premises in the CM District, the time period shall be six months. The City Council extended the terms of Ordinance Number 2105 (CCS) by adopting Ordinance Number 2114 (CCS) on January 27,2004 and by adopting Ordinance No. 2150 (CCS) on February 8,2005. However, Ordinance Number 2150 (CCS) will expire on March 11, 2007 unless it is extended. Adoption of the proposed extension ordinance 3 will provide adequate time to amend the City's Zoning ordinance on a permanent basis in conjunction with the Land Use ElemenUZoning Ordinance update. (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. Consequently, it is necessary for this ordinance to extend the provisions of Ordinance Number 21 05 (CCS), Ordinance Number 2114 (CCS) and Ordinance Number 2150 (CCS) up to and including May 24, 2008, establishing on an interim basis the following development standards: SECTION 2. Alcohol Outlets. Existing alcohol outlets shall be required to obtain a conditional use permit pursuant to Section 9.04.10.18.010 et seq. unless the following conditions are met: (a) The premises retain the same type of retail liquor license within a license classification and (b) The licensed premises are operated continuously without substantial change in mode or character of operation. Existing premises shall not be considered to be operating continuously and a conditional use permit shall be required where operations have been discontinued for a period of over one year except that, for premises in the CM District, the time period shall be six months. Existing premises where operations have been discontinued for a period of over one year, or six months in the case of premises in the CM District, shall be required to obtain an alcohol conditional use permit prior to resuming business whether or not an alcohol conditional use permit was obtained in the past for the premises. A substantial change in mode or character of operation shall include, but is not limited to, a ten percent 4 increase in the floor area of the premises, a twenty-five percent increase in the shelf area used for the display of alcoholic beverages, or a twenty-five percent increase in the number of seats in any restaurant which serves alcoholic beverages. SECTION 3. This Ordinance is declarative of existing law. SECTION 4. This Ordinance shall be of no further force or effect after May 24,2008. SECTION 5. 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 affect the provisions of this Ordinance. SECTION 6. 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 7. 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 5 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 6 F:\atty\muni\laws\barry\drivewaysextend 7-11-06 City Council Meeting 7-11-06 Santa Monica, California ORDINANCE NUMBER _ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INTERIM ORDINANCES AllOWING ADMINISTRATIVE APPROVAL OF THE NUMBER AND TYPE OF DRIVEWAYS REQUIRED FOR PARKING STRUCTURES WITH OVER 40 PARKING SPACES IN MULTI-FAMilY, COMMERCIAL, AND INDUSTRIAL DISTRICTS IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOllOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) The City of Santa Monica is concerned with the efficient, effective and safe circulation of vehicles and pedestrians both inside parking areas and within the public right- of-way. (b) Santa Monica Municipal Code Section 9.04.10.08.100 provides discretion to transportation staff to determine the number of driveways for projects providing over 80 parking spaces, but mandates two double driveways for projects providing between 41 and 80 parking spaces in multi-family, commercial and industrial districts. (c) When evaluating and approving a design for a parking lot or structure which contains over 80 parking spaces, the Transportation Management Division assesses 1 whether the design provides for the efficient, effective, and safe circulation of both vehicles and pedestrians. (d) Each additional entrance or exit from a parking structure into the public right-of- way creates an additional point of conflict between vehicles, bicyclists or pedestrians in the street or alley. (e) Each additional entrance or exit also requires an additional curb-cut which reduces on-street parking. (f) Fewer entrances and exits from parking structures into the public right-of-way create fewer points of conflict between vehicles, bicycles and pedestrians. (g) The current Zoning Ordinance provision can require applicants with projects providing 41 and 80 spaces to propose more driveways than are necessary to safely and efficiently serve particular projects, thereby leading to the potential conflicts and detriments addressed above. (h) The City's Zoning Ordinance should be revised to provide the Transportation Planning Manger with the discretion to establish the number and type of driveways provided to serve parking lots or structures which provide over 40 parking spaces based on considerations of safety, efficiency, and effectiveness. (i) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to change current development standards as they relate to the number and type of driveways provided to serve parking lots and structures. U) In light of these concerns, the City Council adopted Ordinance Number 2159 (CCS) on June 28,2005 and Ordinance Number 2164 (CCS), which allow administrative 2 approval of the number and type of driveways required for parking structures with over 40 parking spaces in Multi-Family, Commercial, and Industrial Districts in the City. However Ordinance Number 2164 (CCS) will expire on March 11,2007, unless extended. Adoption of the proposed extension ordinance will allow sufficient time for a comprehensive planning process to revise these development standards on a permanent basis in conjunction with the Land Use Element/Zoning Ordinance Update. (k) 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. (I) Consequently, the City Council finds and declares that the public health, safety and general welfare require adoption of this interim ordinance to extend the provisions of Ordinance Number 2159 (CCS) and Ordinance Number 2164 (CCS) up to and including December 11, 2009, which allows administrative approval of the number and type of driveways required for parking structures with over 40 parking spaces in Multi-Family, Commercial, and Industrial Districts in the City. SECTION 2. Drivewavs. The minimum number and type of driveway required to be provided in all multi-family residential, commercial, and industrial districts shall be determined based on the number of parking spaces contained in any given parking area in accordance with the following standards: 1 to 20 spaces 21 to 40 spaces 1 single driveway 1 double driveway 3 41 spaces and over Number and type of driveway to be approved by the Transportation Planning Manager based on considerations of safety, efficiency and effectiveness. SECTION 3. This ordinance shall be of no further force or effect after December 11, 2009. 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, is 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 Interim 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 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 4 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~A ((!I~~ MA AJ S MOUT IE City Attorney 5 f:\atty\muni\laws\barry\sidewalk use second extension 7-11-06 Council Meeting 7-11-06 Santa Monica, California ORDINANCE NUMBER _ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INTERIM ORDINANCES AUTHORIZING THE PLACEMENT OF FURNITURE, PORTABLE LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY AND THE DISPLAY OF MERCHANDISE IN PRIVATE VESTIBULES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. FindinQs and Purpose. The City Council finds and declares: (a) The City of Santa Monica is committed to preserving the economic vitality of local businesses. (b) The City is also committed to maintaining the inviting pedestrian orientation of its commercial streets. (c) The recent economic downturn adversely impacted the City's business community and many businesses, including restaurants, have been especially hard hit by the drop in tourism and discretionary spending occasioned by these economic conditions. (d) Outdoor seating, portable landscaping adjacent to businesses, merchandise displays in private vestibules, and outdoor cigarette refuse receptacles make local businesses more attractive to potential patrons. 1 (e) These amenities also enhance the streetscape and enliven the pedestrian experience. (f) The private sidewalk frontage adjacent to many businesses is insufficient to accommodate these amenities. (g) Accordingly, on June 10, 2003, the City Council directed staff to prepare an interim ordinance allowing for portable landscape planters, seating and cigarette refuse receptacles in the public right-of-way and display of merchandise in private vestibules. (h) The City Council finds and declares that the public health, safety and general welfare requires adoption of an interim ordinance to authorize the placement of seating, portable landscape planters, and cigarette refuse receptacles in the public right-of-way and the display of merchandise in private vestibules in order to provide assistance to the City's restaurants given the economic conditions and the critical role that restaurants play in the vitality of the City's commercial districts and the overall health of the local economy. (i) Therefore, the City's zoning and planning regulations should be revised to allow the placement of the above specified objects in the public right-of-way and in private vestibules. U) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to change current development standards as they relate to portable landscape planters, cigarette refuse receptacles, outdoor seating, and the display of merchandise in private vestibules. (k) These interim standards will serve to assist restaurants and other retail establishments to survive during this difficult economic period. 2 (I) In light of these concerns, the City Council adopted Ordinance Number 2101 (CCS) on December 16, 2003 which allowed businesses to place seating, portable landscaping and cigarette refuse receptacles within the public right-of-way and to display merchandise in private vestibules on Main Street and Montana Avenue. The City Council extended Ordinance Number 2101 (CCS) on January 27, 2004 through the adoption of Ordinance Number 2112 (CCS) and on January 25, 2005 through the adoption of Ordinance Number 2147 (CCS). However, this ordinance will expire on February 27,2007, unless extended. Extending this interim ordinance will provide the Council and community with an adequate time to assess whether the interim provisions have assisted in improving the pedestrian environment and economic vitality of the City's commercial districts and whether these provisions should be incorporated into the update of the Zoning Ordinance. (I) As described above, there exists a current and immediate threat to the public safety, health, and welfare should this interim ordinance not be adopted. Consequently, it is necessary for this ordinance to extend the provisions of Ordinance Number 21 01 (CCS), Ordinance Number 2112 (CCS) and Ordinance Number 2147 (CCS) up to and including April 29,2008 to establish on an interim basis the following development standards: SECTION 1. Permitted Outdoor Uses. (a) In addition to the outdoor uses permitted in Santa Monica Municipal Code Section, 9.04.10,02.340, the following uses shall be permitted outside of an enclosed building on a public sidewalk: 3 (1) Seating accessory to a legally established restaurant or other eating and drinking establishment that is located immediately in front of the business and is not used for customer dining or drinking. (2) Portable landscape and cigarette disposal receptacles accessory to a legally established retail establishment, restaurant, or other eating and drinking establishment that are located immediately in front of the business (b) Seating, portable landscape, and cigarette disposal receptacles may only be placed on a public sidewalk pursuant to either a license agreement prepared in accordance with administrative guidelines adopted by the City which ensure the City receives adequate compensation, public safety is maintained, and the City's aesthetic interest is preserved or a sidewalk use permit issued in accordance with subsection (c) of this Section. (c) A sidewalk use permit shall be issued if the following standards are met: (1) Seating must be regularly cleaned, maintained in good condition, and not exceed 24 inches in depth or 36 inches in height. (2) Landscaping planters must not exceed 24 inches in width or diameter, must prevent water drainage onto the sidewalk, must be elevated at least two inches off the ground, and must be maintained in good condition. (3) Cigarette refuse receptacles must comply with City design standards, be regularly cleaned, and be maintained in good condition. (4) A fourfoot contiguous sidewalk width must be kept clear for pedestrian passage at all times and pedestrian access to building entrances must not be impeded. (5) All items placed on the public sidewalk must be removed when the business establishment is closed. 4 (6) The business establishment must assume all liability associated with the placement of these items on the public sidewalk. (7) The business establishment must pay the reasonable processing costs for the sidewalk use permit. (d) The following use shall be permitted outside an enclosed building on properties zoned CM or zoned C2 on Montana Avenue: (1) A single outdoor display of merchandise entirely within the covered vestibule, arcade or colonnade area of a retail establishment provided that the single display does not exceed 60 inches in height, 36 inches in width and 36 inches in depth, or 42 in height, 48 inches in width and 36 inches in depth, and provided that the single display is removed from the vestibule, arcade or colonnade when the business is closed. However, garment racks shall be prohibited. SECTION 2. This Ordinance shall be of no further force or effect after April 29, 2008. SECTION 3. 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 affect the provisions of this Ordinance. SECTION 4. 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 5 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 5. 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: 6 f:\atty\muni\laws\barry\substantial remodel interim ordinance extend 7-11-06 City Council Meeting 7-11-06 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA EXTENDING THE INTERIM ORDINANCES 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. Findinqs 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. 1 (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. 2 (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. (I) 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 and Ordinance Number 2143 (CCS) on September 28,2004 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 extension ordinance will expire on October 28, 2006 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. 3 (n) 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) and Ordinance Number 2143 (CCS) up to and including January 24, 2009, 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: 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: 4 (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. (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 5 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, (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: 6 (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. 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 7 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 January 24, 2009. 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. 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. 8 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: 9