O1719
CA:F:\MUNI\LAWS\JL\RECON2.0RD
city Council Meeting 1-18-94
Santa Monica, California
ORDINANCE NUMBER 1719(CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING PROCEDURES FOR THE RESTORATION
OR DEMOLITION OF EARTHQUAKE DAMAGED
STRUCTURES ON AN INTERIM BASIS AND DECLARING
THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs. The City Council finds and declares:
(a) Numerous buildings and other structures in the city
of Santa Monica experienced substantial damage due to the January
17,1994 Northridge earthquake.
(b) In order to facilitate the prompt repair of
earthquake damaged buildings and structures, it is necessary to
establish standards that will permit the prompt repair of such
buildings and structures without requiring compliance with all
current zoning standards.
(c) In order to allow the demolition of structures that
have been damaged to such an extent that the City Building Officer
has determined that demolition is required due to the immediate
threat the existence of such buildings pose to the public health,
1
safety and welfare, it is necessary to establish procedures for the
demolition of such structures.
(d) Protection of the public health, safety and welfare
of the citizens requires the immediate modification of existing
ci ty ordinances to ensure the timely completion of emergency
repairs or demolition.
SECTION 2. Repairs. Any building or other structure in the
City 25,000 square feet or less that has been sUbstantially damaged
or destroyed due to the earthquake occurring on January 17, 1994 or
its aftershocks, may be repaired without conforming to current
zoning code requirements, if the building is repaired to its
original square footage, site orientation, height and setbacks as
existed at the time of the damage, and if the building or structure
retains the same use, and if a residential building, the same
number of units, as existed at the time of the damage. Such
buildings shall be subj ect to the review of the Architectural
Review Board ("ARB"), if the building would otherwise be subject to
ARB review. The ARB, in its review, shall make such projects a
priority and shall limit its review to the consideration of
neighborhood integrity and compatibility and whether the project is
expressive of good design contributions to the image of the city of
Santa Monica.
SECTION 3. Any building or other structure in the City
greater than 25,000 square feet that has been subsequently damaged
2
due to the earthquake occurring on January 17, 1994 or its
aftershocks, may be repaired without conforming to all current
zoning requirements, and upon a determination by the Planning
Commission and Architectural Review Board that such repair is in
the public interest and compatible with the city's land use goals,
and only if the building is repaired to its original square
footage, site orientation, height and setbacks as existed at the
time of the damage, if the building or structure retains the same
use, and if a residential building, the same number of units, as
existed at the time of damage.
SECTION 4. Demolition. Any building in the City that has
been inspected by City building inspectors and posted with a no
entry or limited entry notice shall be subject to the following
demolition permit procedures:
(a) The building owner must submit to the City for
review a structural analysis of the building prepared by a licensed
structural engineer.
(b) Based upon all available information, including a
structural analysis, the City's Building and Safety Division,
Planning and Zoning Division and Director of Land Use and
Transportation Management shall make a determination on whether the
building may be demolished. This determination shall consider, but
is not limited to, the extent of damage to the structure, whether
the structure presents an imminent threat to the public health,
3
safety and welfare, the historical significance and the cost of
repairing or rehabilitating the structure.
SECTION 5. Nothing in this Ordinance shall eliminate the
applicability of Article 18 of the Santa Monica City Charter to any
property currently constructed with controlled rental units on the
property which are subsequently demolished pursuant to this
Ordinance.
SECTION 6.
effect 45 days
required by law.
This Ordinance shall be of no further force and
from adoption, unless extended in the manner
SECTION 7. The City Council finds pursuant to city Charter
section 615 that a state of local emergency exists within the City
of Santa Monica as a result of the earthquake which occurred on
January 17, 1994. In order to facilitate the prompt repair of
earthquake damaged buildings or structures, it is necessary to
exempt such buildings and structures from compliance with certain
current building or zoning codes.
SECTION 8. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
4
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,
are 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 any 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 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 a~option.
effective upon adoption.
This Ordinance shall become
APPROVED AS TO FORM:
~~'--
~~O~~PH LAWRENCE
\,~ng City Attorney
5
Adopted and approved this 18th day of January, 1994.
q ~A
I I
Mayor 'v
I hereby certify that the foregoing Ordinance No. 1719 (CCS) was duly and regularly
introduced at a meeting of the City Council on the 18th day of January, 1994; that the said
Ordinance was thereafter duly adopted at a meeting of the City Council on the 18th day of
January, 1994 by the following Council vote:
Ayes: Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
___;~~l4~
City Clerk.