F:\PLAN\SHARE\COUNCIL\STRPT\2004\substantial remodel interim extension.doc
Council Mtg: September 14, 2004 Santa Monica, California
TO: Mayor
and City Council
SUBJECT: Introduction and First Reading of a Proposed Interim Ordinance Extending the Provisions of Ordinance 2136 (CCS) Modifying the Threshold at Which a Structure is Determined to be Substantially Remodeled and Thereby Subject to All Current Applicable Zoning Code Regulations, Establishing Exceptions to the Substantial Remodel Requirements, and Authorizing Zoning Administrator Adjustments in Specified Circumstances.
INTRODUCTION
This
report recommends that the City Council introduce for first reading an interim
ordinance extending until October 28, 2006 the provisions of Ordinance Number
2136 (CCS) which modified the threshold at which a structure is determined to
be substantially remodeled, established exceptions to the substantial remodel
requirements, and authorized the Zoning Administrator to grant Adjustments in
specific circumstances. Ordinance
Number 2136 (CCS) will expire on November 8, 2004 unless extended prior to that
date. The proposed ordinance, which will extend the interim standards for two
years, is included with this report as Attachment A.
On August 10, 2004, the City Council adopted Ordinance Number 2136 (CCS) establishing new thresholds to determine when a structure has been substantially remodeled. Exceptions to the thresholds and establishment of Adjustment procedures were also implemented. The ordinance will expire on November 8, 2004, unless the City Council, by majority vote, extends the interim ordinance.
The proposed ordinance establishes thresholds that are clear to interpret and implement, expands protections for historic resources, and permits homeowners an opportunity to improve the safety of existing structures. The interim ordinance balances the City’s goals for the orderly termination of nonconforming buildings in order to promote the public health, safety and general welfare with the City’s desire to allow the modest alteration or expansion of nonconforming structures.
As proposed, the interim ordinance will be extended for two years. During this time staff will prepare permanent language as part of the comprehensive evaluation of the City’s Land Use Element and Zoning Ordinance.
The
project is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Specifically, where
it can be seen with certainty that an action on a project will not result in a
significant effect of the environment, that project shall be exempt from
environmental review. The proposed interim ordinance modifies existing
regulations to reinforce the intent of the original language and provides
exemption provisions to encourage safer buildings and the retention of
structures listed on the City’s Historic Resources Inventory.
PUBLIC
NOTICE
A
legal advertisement was published in the “California” section of the Los Angeles
Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in
Attachment B.
BUDGET/FINANCIAL
IMPACT
The
recommendation presented in this report has no budget or financial impact.
RECOMMENDATION
Staff recommends that the City Council introduce for first reading the interim ordinance included in Attachment A.
PREPARED BY: Suzanne Frick,
Director of Planning and Community Development
Amanda
Schachter, Planning Manager
Jonathan Lait,
AICP, Acting Principal Planner
Attachment: A: Proposed
Interim Ordinance
B.
Public Notice
ATTACHMENT A
PROPOSED INTERIM ORDINANCE
f:\atty\muni\laws\barry\substantial
remodel interim ordinance extend-1.doc
City Council Meeting 9-14-04 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE MODIFYING THE THRESHOLD AT
WHICH A STRUCTURE IS DETERMINED TO BE SUBSTANTIALLY REMODELED AND THEREBY
SUBJECT TO ALL CURRENT APPLICABLE ZONING CODE REGULATIONS, ESTABLISHING
EXCEPTIONS TO THE SUBSTANTIAL REMODEL REQUIREMENTS, AND AUTHORIZING ZONING
ADMINISTRATOR ADJUSTMENTS IN SPECIFIED CIRCUMSTANCES
THE CITY COUNCIL OF THE CITY
OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
(a) A legal, non-conforming
building has been substantially remodeled when it has been added to or altered
to such a degree that the entire building must conform to all current
applicable zoning regulations.
(b) The substantial remodel
provisions in the City’s Zoning Ordinance are intended to balance the City’s
goal for the orderly termination of nonconforming buildings in order to promote
the public health, safety and general welfare with the City’s desire to allow
the modest alteration or expansion of nonconforming structures.
(c) The substantial remodel
provisions contained in the City’s Zoning Ordinance are difficult to interpret
and implement.
(d) Even when properly
implemented, these provisions can lead to unintended results. The City has recently approved commercial
projects that have permitted the owner to essentially reconstruct entire nonconforming
buildings without complying with new development standards because the projects
had not been substantially remodeled under current law.
(e) In many cases, these
commercial buildings lacked sufficient on-site parking. The lack of adequate on-site parking has a
significant impact on area businesses and residents.
(f) Historic structures
contribute individually and collectively to the City’s historic, aesthetic and
cultural heritage.
(g) The need to repair or replace
cripple walls, footings, and foundations of landmarked structures may be
appropriate to ensure a safe building, but may be hindered by the substantial
remodel provision which would require that the entire property be brought into
compliance with current Zoning Code.
(h) Homeowners of potentially
significant resources are increasingly choosing to demolish these resources
rather than simply remodel them due to difficulties they encounter in complying
with the substantial remodel provisions.
(i) The current substantial
remodel provisions may also make it difficult for homeowners of nonconforming
structures generally to reasonably improve the safety and functionality of
their home.
(j) Due to these circumstances,
homeowners may elect not to make the safety upgrades or chose to demolish
existing improvements and rebuild rather than maintain the existing structure.
(k) Given the circumstances
described above, the Zoning Ordinance requires review and revision as it
pertains to the substantial remodel provisions.
(l) Pending the study and
possible amendment of the Zoning Ordinance, it is necessary, on an interim
basis, to modify the threshold at which a structure is determined to be
substantially remodeled, establish exceptions to the substantial remodel
requirements, and authorize the Zoning Administrator to grant adjustments in
specified circumstances.
(m) In light of these concerns,
the City Council adopted Ordinance Number 2136 (CCS) on August 10, 2004 which
modified the threshold at which a structure is determined to be substantially
remodeled, established exceptions to the substantial remodel requirements, and
authorized the Zoning Administrator to grant adjustments in specified circumstances. However, this ordinance will expire on
November 8, 2004 unless extended.
Adoption of the proposed extension ordinance will provide staff with
adequate time to amend the City’s Zoning Ordinance on a permanent basis.
(n) As described above, there
exists a current and immediate threat to the public safety, health, and welfare
should this interim ordinance not be adopted pending the City’s adoption of
permanent revisions to the City’s Zoning Ordinance.
(o) Consequently, the City
Council finds and declares that the public health, safety and general welfare
requires adoption of this interim ordinance to extend the provisions of
Ordinance Number 2136 (CCS) up to and including October 28, 2006, which
modifies the threshold at which a structure is determined to be substantially
remodeled and thereby subject to all current applicable Zoning Code
regulations, establishes exceptions to the substantial remodel requirements,
and authorizes the City’s Zoning Administrator to grant adjustments in
specified circumstances.
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.
(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.
(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:
(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.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
ATTACHMENT B
PUBLIC NOTICE
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Introduction and
First Reading of a Proposed Interim Ordinance Extending the Provisions of
Ordinance 2136 (CCS) Modifying the Threshold at Which a Structure is Determined
to be Substantially Remodeled and Thereby Subject to All Current Applicable
Zoning Code Regulations, Establishing Exceptions to the Substantial Remodel
Requirements, and Authorizing Zoning Administrator Adjustments in Specified
Circumstances.
DATE/TIME: TUESDAY, September 14, 2004, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor,
Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW
TO COMMENT
The
City of Santa Monica encourages public comment. You may comment at the City
Council public hearing, or by writing a letter. Written information will be
given to the City Council at the meeting.
Address your letters
to: City Clerk
Re: Substantial
Remodel Interim Ordinance
1685 Main Street,
Room 102
Santa Monica, CA
90401
MORE
INFORMATION
If
you want more information about this project or wish to review the project
file, please contact Jonathan Lait at (310) 458-8341, or by e-mail at
jonathan-lait@santa-monica.org. The Zoning Ordinance is available at the
Planning Counter during business hours and on the City’s web site at www.santa-monica.org.
The
meeting facility is wheelchair accessible. For disability-related
accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72
hours in advance. All written materials are available in alternate format upon
request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant
to California Government Code Section 65009(b), if this matter is subsequently
challenged in Court, the challenge may be limited to only those issues raised
at the public hearing described in this notice, or in written correspondence
delivered to the City of Santa Monica at, or prior to, the public hearing.
ESPAÑOL
Esto
es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Si deseas
más información, favor de llamar a Carmen Gutierrez en la División de
Planificación al número (310) 458-8341.
APPROVED
AS TO FORM:
___________________________
JONATHAN LAIT, AICP
Acting
Principal Planner
F:\PLAN\SHARE\COUNCIL\NOTICES\2004\Substantial
Remodel Extension Ord.doc