SR-071106-7D (2)
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~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
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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maximum legally permitted terms until their provisions can be superseded by the new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:
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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.
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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
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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:
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ATTACHMENT A
Proposed Extended Ordinances
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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.
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(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
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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
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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
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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
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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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
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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
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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
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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.
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(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.
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(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:
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(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.
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(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:
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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.
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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.
(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.
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(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:
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(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
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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:
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(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
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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.
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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:
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