O2143
f:\atty\muni\laws\barry\substantial remodel interim ordinance extend-12d.doc
City Council Meeting 9-28-04 Santa Monica, California
ORDINANCE NUMBER 2143 (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. 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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U) Due to these circumstances, homeowners may eJect 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 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.
(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
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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 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
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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
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
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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:
(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.
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(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
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.
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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.
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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Approved and adopted this 28th day of September, 2004.
~~MaYor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2143 (CCS) had its introduction on September 14,2004, and
was adopted at the Santa Monica City Council meeting held on September 28, 2004, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro T em McKeown,
Feinstein, Genser, Holbrook, Katz, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~w~ . ~".O-'~
Maria M. Stewart, City Clerk
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