Loading...
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.