PCD:SF:AS:JL:F:\PLAN\SHARE\COUNCIL\STRPT\2004\Substantial Remodel2

August 3, 2004 Santa Monica, California

TO: Mayor and City Council

FROM: City Staff

SUBJECT: Introduction and First Reading of an Interim Ordinance to Modify the Zoning Code Pertaining to the Substantial Remodel Definition and the Applicability Requirements for Adjustment Applications

INTRODUCTION

On July 27, 2004 the City Council conducted a public hearing and provided direction to staff on the proposed interim ordinance defining substantial remodel and providing an adjustment process for commercial structures.

BACKGROUND

Substantial remodel is a term used to identify the point at which an existing structure has been altered to such an extent that it warrants compliance with all current applicable municipal regulations. It applies only to buildings that do not comply with current development standards, including but not limited to: setbacks, height, parking, and land use entitlements. The provision is intended to balance opportunities that would allow the retention and modest expansion of an existing nonconforming structure with the City’s desire to abate nonconforming structures in order to promote public health, safety and general welfare.

Council requested staff to return with an ordinance that would allow the replacement of footings and provide an adjustment in the event during construction it is determined walls need replacement due to dry rot or other unforeseen conditions.

The proposed ordinance now allows replacement of the structural components below the finished first floor provided the wall elements remain in place at all times and continue to provide necessary structural support upon completion of the project. The ordinance now separates the requirements for commercial and industrial buildings from residential buildings. In addition, minor changes have been made to the ordinance language for clarity. All changes are underlined in the proposed ordinance.

The proposed ordinance does not provide an adjustment process because the SMMC Section 9.04.20.34.030 (g) already provides an adjustment process allowing buildings to retain non-conforming setbacks if at least 35% of the exterior walls remain. Staff believes this provides sufficient flexibility to address unforeseen conditions.

CONCLUSION

Application of the existing substantial remodel definition has resulted in structures that comply with the literal reading of the provision, but not necessarily the intent. Wholly new structures are constructed under the pretense of being a remodel, which has allowed the retention of nonconforming structures to the detriment of the public health, safety and general welfare. The proposed interim ordinance seeks to reinforce the intent of the regulation, improve its applicability to commercial structures and balance the City’s desire to ensure safe buildings and the retention of historically significant structures.

CEQA STATUS

The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Specifically, where it can be seen with certainty that an action on a project will not result in a significant effect of the environment, that project shall be exempt from environmental review. The proposed ordinance modifies existing regulations to reinforce the intent of the original language and provides exemption provisions to encourage safer buildings and the retention of structures listed on the City’s Historic Resources Inventory.

BUDGET / FINANCIAL IMPACT

The recommendations in this report have no budget or financial impact.

RECOMMENDATION

Staff recommends the City Council introduce for first reading the attached Interim Ordinance amending the substantial remodel definition and the applicability requirements for Adjustment applications.

Prepared by: Suzanne Frick, Director of Planning and Community Development

Amanda Schachter, Planning Manager

Jonathan Lait, AICP, Acting Principal Planner

Attachments: A: Proposed Interim Ordinance