O1748
CA:f:\a\m\1\mhs\urmord2
City Council Meeting 6-21-94
Santa Monica, California
ORDINANCE NUMBER 1748(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 8.04.l40 OF THE MUNICIPAL CODE
RELATED TO SUPPLEMENTAL SEISMIC SAFETY
REHABILITATION REQUIREMENTS, ADDING SECTIONS
8.04.171 THROUGH 8.04.173 TO THE MUNICIPAL CODE
RELATED TO SUPPLEMENTAL REQUIREMENTS FOR
REPAIR, RECONSTRUCTION AND REINFORCEMENT OF
POTENTIALLY HAZARDOUS STRUCTURES,
REQUIRING BRACING OF WATER HEATERS, AND
DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, numerous buildings and other structures in the
City of Santa Monica experienced substantial damage due to the
January 17, 1994 Northridge earthquake and its aftershocks;
and
WHEREAS, an evaluation of the damage reveals that because
of construction methods certain structures are especially
susceptible to damage in the event of major earthquakes and
pose a substantial risk to public health, safety, and welfare;
and
WHEREAS,
the City Council has considered evidence
presented in the staff report and public hearing concerning
local conditions; and
WHEREAS, pursuant to Health and Safety Code Sections
17958.5 and 17958.7, based upon local climati,c, geological,
and topographical conditions, the city Council finds it is
1
reasonably necessary to adopt supplemental requirements
related to repair, reconstruction and reinforcement of
potentially hazardous structures as identified in this
Ordinance, and to require earthquake bracing of water heaters;
and
WHEREAS, for the reasons set forth above, protection of
the public health, safety and welfare requires the immediate
establishment of these supplemental requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City council finds that:
(a) The City is at risk of strong ground motion from a
number of nearby earthquake faults including the Newport-
Inglewood, Malibu Coast and Santa Monica faults. Potential
damage to new and most existing development is likely to be
slight to moderate; however, localized severe damage to
potentially hazardous structures may occur;
(b) Shallow ground water within 50 feet of the ground
surface occurs along the beach, near the industrial corridor
and Marine Park areas of the City. This ground water
condition, coupled with unconsolidated youthful sedimentary
soils, makes these areas susceptible to possible liquefaction
during strong or moderately 'strong earthquakes. Liquefaction
is a very destructi ve secondary effect of strong seismic
2
shaking where a loss of bearing strength occurs along with
ground oscillations in the supporting soils;
(c) The location of the City in proximity to the Pacific
Ocean creates an environment of high humidity and dampness
which can severely affect the conditions of structures exposed
to the elements.
(d) The structural integrity of certain types of
building structures performs poorly during the ground shaking
associated with earthquakes and is susceptible to extensive
damage and a threat to the public safety. Potentially
hazardous structures include the fOllowing building types:
unreinforced masonry structures; soft/weak story structures;
pre-1976 tilt-up concrete buildings; steel-framed buildings;
and pre-cast/reinforced poured in place concrete/non-ductile
buildings.
(e) The evidence presented in damage assessment reports
prepared by the Building and Safety Division and structural
engineering reports submitted to the City in the aftermath of
the Northridge earthquake has yielded the following results
for damaged potentially hazardous buildings:
(1) Unreinforced masonry structures experienced
numerous parapet collapses and wall failures, particularly in
the downtown and northern sections of the City. The absence
of reinforcement and the deterioration of the mortar in the
marine environment close to the ocean were contributing
factors.
3
(2) Many soft-story portions of structures,
primarily located north of Colorado Avenue, suffered severe
damage during the strong ground shaking. Limited shear wall
or lateral force resistance was a contributing factor.
(J) Tilt-up concrete buildings constructed prior to
the 1976 Uniform Building Code are vulnerable to roof collapse
during an earthquake. These structures were generally built
with inadequate integral wall/diaphragm anchor systems. No
such damage was experienced in Santa Monica during the January
17, 1994 Northridge earthquake as no tilt-up structures are
located in the areas of the City most severely impacted by the
ground shaking; however, the performance of these buildings
has been very poor in areas outside of Santa Monica during the
Northridge earthquake and other earthquakes of similar
magnitude such as the Lorna Prieta earthquake of 1989.
(4) Some pre-cast and reinforced non-ductile
concrete structures located in the downtown and beach areas of
the City suffered severe damage during the earthquake through
the cracking of rigid concrete members. Older reinforced
concrete structures lack adequate horizontal ties for vertical
steel reinforcing rods and were designed with significantly
different seismic design criteria than presently required by
the Uniform Building Code.
(f) During the Northridge earthquake numerous unsecured
water heaters throughout the City bro){e loose from their
fittings, some thereby rupturing gas and water lines. This
4
condition presented an immediate fire hazard at a time when
Fire Department resources were already in significant demand,
thereby creating a potential delay in responding to the
hazard.
(g) Based upon the above-described' local climatic,
geological and topographical conditions, it is necessary to
adopt supplemental regulations concerning the evaluation,
repair, reconstruction and retrofitting of potentially
hazardous structures, and to require bracing of water heaters
so as to avoid or lessen the potential threat to the public
health, safety, and welfare in the event of future seismic
activity.
SECTION 2. section 8.04.140 of the Santa Monica
Municipal Code is amended to read as follows:
8.04.140 UAC section 206(c) added- Supplemental Seismic
Safety Rehabilitation Requirements.
section 206(c) of the Uniform Administrative Code, 1991
Edition, related to Supplemental Seismic Safety Rehabilitation
Requirements, is added to read as follows:
Division 1. 00. Scope. The provisions of this Section
shall apply to all pre-1934 unreinforced masonry structures
which currently have or may in the future have recorded
against them on the record of title in the County Recorder's
Office a City "Notice of Substandard and Potentially Hazardous
Building."
5
Division 2.00. Compliance Requirements. The owner of each
building within the scope of this Section shall, within the
time limits set forth in this Section, cause the building to
be structurally altered to conform to the earthquake standards
specified in the Seismic Retrofitting Code.
Division 3.00. occupant Load and Buildinq Type. The
occupant load of each building subject to the Seismic
Retrofitting Code shall be determined by the Building Official
in accordance with Section 3302 of the Uniform Building Code.
For purposes of complying with the time limits set forth in
Division 4.00, the rating classification ("Type") of the
building shall be defined as follows:
Ratinq
Classification
Building
Type
Occupant
Load
Essential
High risk
Medium risk
I
II
III-A
III-B
Any
100 or more
100 or more
More than 20,
but fewer than
100
Fewer than 20
Low risk
IV
An "essential" building shall be any building that must
be usable in the event of an emergency, and shall include
hospitals, police and fire stations and disaster recovery
centers. A "high risk" building shall be any building with 100
or more occupants and without masonry or woodframe crosswalls
spaced less than 40 feet apart in each story. A "medium risk
subclass A" building shall be any building with 100 or more
occupants and with masonry or woodframe crosswalls spaced less
6
than 40 feet apart in each story. A "medium risk subclass B"
building shall be any building with more than 20 but fewer
than 100 occupants. A "low risk" building shall be any
building with fewer than 20 occupants.
Division 4.00. ~imetable for compliance. The time limits
set forth below shall begin to run from the date the Seismic
Retrofitting Code is adopted. The owner of any occupied or
vacant building within the scope of this section shall comply
with the requirements set forth herein and in the Seismic
Retrofitting Code by filing for a permit, submitting plans to
the Building Official, commencing construction and completing
construction within the time limits specified below:
File for Permit and Commence Complete
Submit Plans to construction Construc-
Required Action Building Building Official within tioD
By Owner ~ype within Within
A. Install Wall Type I,ll, 180 Days 270 Days 1 Year
III, IV
B. If Wall Type I 635 Days (lyr 9 mos) 2 Years 4 Years
Anchors Type II 635 Days (lyr 9mos) 2 Years 4 Years
Installed, 2825 Days (7yrs 9mos) 8 Years 10 Years
Then Make 2825 Days (7yrs 9mos) 8 Years 10 Years
Structural
Alterations:
C. If Wall Type I 270 Days 1 Year 2 Years
Anchors Are Type II 270 Days 1 Year 2 Years
Not Type III 1000 Days (2yrs 9mos) 3 Years 4 years
Installed, Type IV 1365 Days ( 3yrs 9mos) 4 Years 5 Years
Then Make
structural
Alterations:
7
Such plans shall be prepared by a State licensed architect or
engineer. After plans are filed and approved by the Building
Official, the owner shall obtain a Building Permit and then
commence and complete the required construction within the
time limits set forth above. That portion of the plan check
and building permit fees that are allocable to structural
alteration of the building that is necessary for compliance
with the Seismic Retrofitting Code shall be waived by the
Building Official.
An owner electing to install wall anchors pursuant to the
Seismic Retrofitting Code is also required to structurally
alter the building to make it fully comply with the Seismic
Retrofitting Code within the time limits set forth herein.
oi vision 5.00. Historical Buildings. Buildings designated
as historically or architecturally significant landmarks on
national, state or local historical registers shall comply
with the Seismic Retrofitting Code. At the Building Official's
discretion, modifications to the retrofitting standards set
forth in the Seismic Retrofitting Code may be made so long as
such modifications are consistent with the provisions of the
State Historic Building Code.
Division 6.00. Demolition. An owner desiring to demolish
a building must nevertheless comply with the provisions of
this Code unless such owner receives permission to demolish
the building prior to the time limits set forth in Division
4.00 herein for the filing of a permit and the SUbmitting of
8
plans to the Building Official. Such an owner shall submit a
Demolition Permit Application to the Building Official and
shall meet all of the requirements for demolition imposed by
this Code including but not limited to those requirements set
forth in Section 9.04.10.16.010 of this Code before such a
demolition shall be permitted. Nothing in this section or in
the Seis~icRetrofitting Code shall be deemed to relieve a
building owner of meeting the requirements for demolition of
a building imposed by any other applicable law or regulation.
Division 7.00. Appeal of Initial Determination. The
owner of any building may appeal the Building Official's
initial determination that the building is within the scope of
this Code to the Building and Safety Commission as the Board
of Appeals established by Section 204 of the Uniform
Administrative Code, as amended and adopted at Section
8.04.020 of this Code. Such appeal shall be filed with the
Board within sixty (60) days from the date the Seismic
Retrofitting Code becomes effective. Any such appeal shall be
decided by the Board no later than ninety (90) days after
filing and the grounds thereof shall be stated clearly and
concisely. Appeals or requests for modifications from any
other determinations, orders, or actions by the Building
Official pursuant to this Section may be made in accordance
with the procedures established in Sections 105 and 106 of the
Uniform Building Code and Section 204 of the Uniform
Administrative Code, as adopted by the City.
9
Division 8.00. Enforcement. If the owner in charge or
control of the sUbject building fails to comply with this Code
within any of the time limits set forth herein, the Building
Official may order that the entire building be vacated and
that the building remain vacated until this Code has been
complied with. If compliance has not been initiated within
ninety (90) days after the date the building has been ordered
vacated or such additional time as may have been granted by
the Board of Appeals, the Building Official may (i) commence
the building's demolition in accordance with the provisions of
section 203 of the Uniform Building Code and in accordance
with the Uniform Code for the Abatement of Dangerous
Buildings, as adopted by the city; or, (ii) undertake and
complete such structural alteration of the building as may be
necessary in the sole judgment of the Building Official to
cause the building to conform to the earthquake standards
specified in the Seismic Retrofitting Code, and to cause a
lien for the costs of such structural alteration to be placed
against the property. No demolition may occur pursuant to this
Division 8.00 without compliance with all City laws and
regulations governing demolitions.
Di vision 9.00. Appeal Based on Severe Financial Hardship.
The owner of any building may appeal on the basis of severe
financial hardship from compliance with this Code. Such appeal
shall be filed with the City's Chief Financial Officer no
10
later than one hundred twenty (120) days after the effective
date of this Code.
Any such appeal shall be decided by the Chief Financial
Officer no later than ninety (90) days after filing and the
grounds ,thereof shall be stated clearly and concisely.
The burden shall be on the owner to demonstrate
conclusively that compliance with this Code shall result in
severe financial hardship. Documentary evidence shall be
submitted by the owner at the time the appeal is filed and
shall clearly demonstrate that compliance with this Code shall
result in severe financial hardship. Such documentary evidence
may include, but shall not be limited to, the owner's tax
returns, general ledgers, rental and lease agreements,
personal and corporate income and expense records, and any
such other financial documents or information as the owner
desires to submit for consideration or as the city's Chief
Financial Officer deems necessary or desirable in evaluating
the owner's claim of hardship. The failure of the owner to
provide any financial document or information requested by the
Chief Financial Officer shall result in denial of the appeal.
Any person denied an appeal by' the Chief Financial
Officer may appeal the denial to a three person Financial
Hardship Appeal Board established by the City Manager. Any
such appeal shall be made in writing within ten (10) days of
the denial and shall be based on the evidence supplied to the
Chief Financial Officer. The Appeal Board may approve or deny
11
any appeal and may relieve an owner from compliance with the
requirements of Section 8.04.140, Division 4.00 (A), (B), or
(C) of this Chapter, as the Appeal Board in its sole
discretion deems financially feasible. The decision of the
Financial Hardship Appeal Board shall be final except for
judicial review and shall not be appealable to the City
Council. The Appeal Board is authorized to establish
procedures for the processing and consideration of appeals.
In any case where a building is exempted from compliance
with the Code on the basis of financial hardship, such
exemption shall be null and void and of no further force or
effect at the time the building is sold or experiences a major
change of occupancy as defined in the Building Code.
Division 10.00 Canopies. A pedestrian canopy conforming
to the standards developed by the Director of General Services
shall be constructed below any URM wall adjacent to any public
right of way upon commencement of construction of the
structural alterations required by this Section.
SECTION 3. Section 8.04.171 is hereby added to the Santa
Monica Municipal Code to read as follows:
8.04.171
Reconstruction,
Buildings.
UAC section
206(g)
added-
Repair,
Masonry
and Reinforcement
of Unreinforced
12
Section 206(g) of the Uniform Administrative Code, 1991
Edition, relating to Repair, Reconstruction, and Reinforcement
of Unreinforced Masonry Buildings, is added to read as
follows:
Division 1.00 Definitions. As used in this section, the
fOllowing terms shall be defined as follows:
(a) Zone 1. (1) for one-story buildings, the area
within 9 feet of a public right-of-way; and, (2) for two- or
more story buildings, the area within 20 feet of a public
right of way.
(b) Zone 2. All areas not in Zone 1.
Division 2.00 Scope. The owner of each building within
the scope of this Section shall, within the time limits set
forth in this section, cause the building to be altered to
conform to the earthquake standards specified in this Section.
Nothing in this section shall allow for an extension or
exemption from Section 8.04.140 of the Municipal Code.
Division 3.00 Standards for Repair, Reconstruction, and
Reinforcement of UnreinforcedMasonry ("URM") Buildings.
(a) General.
(1) wi thin 60 days of the date notice to the
property owner is provided by the city, the property owner of
any URM structure damaged by the January 17, 1994 Northridge
earthquake or its aftershocks, shall submit to the Building
and Safety Division a report prepared by a licensed engineer,
identifying the extent of damage to the structure and the
13
necessary repairs. Necessary repairs shall be made within 18
months from the date the notice is provided by the city.
(2) Except as provided in subsection (c), when any
portion of a URM building such as a parapet, wall or other
element has failed or collapsed, repairs shall be made with
wood frame or steel construction, or other material
structurally compatible with the unreinforced masonry.
Reinforced masonry and concrete shall not be considered
structurally compatible with the underlying unreinforced
masonry. Repairs shall be made wi thin 18 months of the
effective date of this Ordinance.
(b) Parapets.
(1) Parapets Damaged by the January 17', 1994
Northridge Earthquake. Any URM parapet or portion thereof
damaged by the January 17, 1994 Northridge earthquake or its
aftershocks, with 10 percent or more of damage on any side, or
where the cost of repair exceeds $50,000, shall be braced
within 18 months of the effective date of this Ordinance in
accordance with the Uniform Building Code in effect at the
time a building permit is issued.
(2) Reinforcement of Unreinforced Masonry Parapets.
Any URM parapet, or portion thereof, located within Zone 1,
shall be braced to the roof in accordance with the Uniform
Building Code in effect at the time the building permit is
issued, within 18 months of the effective date of this
Ordinance, or as part of any earthquake repair building
14
permit, whichever occurs first. For parapets located in Zone
2, all parapets shall be braced according to the timetable for
making structural alterations contained in Division 4.00 of
Section 8.04.140.
(c) Walls.
(l) Any unreinforced masonry wall damaged by the
January 17, 1994 Northridge earthquake or its aftershocks,
with less than ten percent of cracking on any elevation where
the wall remains connected to the floor and ceiling and the
wall remains in plane, may be repaired with grout or epoxy and
shall be repaired within 18 months of the effective date of
this Ordinance.
(2) If any unreinforced masonry wall damaged by the
January 17, 1994 Northridge earthquake or its aftershocks has
any elevation out of plane, but by less than two percent, a
review and analysis by a licensed engineer is required to
determine the extent of damage and the necessary work to
repair the damage. Such analysis shall be submitted to the
City within six months of the effective date of this
Ordinance. Repairs shall be completed within 18 months of the
effective date of this Ordinance.
(3) If any unreinforced masonry wall damaged by the
January 17, 1994 Northridge earthquake or its aftershocks has
any elevation out of plane by more than two percent, the
entire wall shall be removed to the next available horizontal
or vertical structural boundary.
15
(d) Vacant URM structures located in Zone 1. Any
portion of a vacant URM structure located in Zone 1 which was
damaged by the January 17, 1994 Northridge earthquake or its
aftershocks, where the cost of repair exceeds $10,000, shall
be structurally supported within 18 months of the effective
date of this Ordinance.
Division 4.00 Historical Buildings. Buildings designated
as historically or architecturally significant landmarks on
national, state or local historical registers shall comply
with this Section. At the Building Official's discretion,
modifications to the standards set forth in this Section may
be made on a case by case basis, so long as such modifications
are consistent with the provisions of the state Historical
Building Code.
SECTION 4. Section 8.04.172 is hereby added to the Santa
Monica Municipal Code to read as follows:
8.04.l72
UAC Section 206(h) added- Repair,
and Reinforcement of potentially Hazardous
Reconstruction,
structures.
Section 206(h) of the Uniform Administrative Code, 1991
Edition, relating to Repair, Reconstruction, and Reinforcement
of Potentially Hazardous Buildings, is added to read as
follows:
16
Division 1.00 Definitions. As used in this section, the
following terms shall be defined as follows:
(a) Non Ductile Precast Concrete Building. Any
structure designed and constructed with concrete elements that
are cast in other than their final position.
(b) Non Ductile Reinforced Concrete Building. Any
structure designed and constructed with' poured in place
reinforced concrete.
(c) Soft story Building. Any structure or portion of a
structure classified as soft story in the Uniform Building
Code as adopted by the City of Santa Monica.
(d) Steel Frame Building. Any structure designed or
constructed with steel frame elements of load bearing and
lateral load resistance systems.
Division 2.00 Determination of Occupant Load and Buildinq
Type. For purposes of this Section, the occupant load of each
structure shall be determined by the Building Official in
accordance with the Uniform Building Code as adopted by the
City of Santa Monica and shall be applicable to both vacant
and occupied structures. For purposes of this Section, the
structure type shall be as defined in the Earthquake Design
Section of the Uniform Building Code as adopted by the City of
Santa Monica.
Division 3.00 Scope. The owner of any structure
identified in this Section shall, within the time limits set
forth in this Section, cause the structure to be evaluated,
17
repaired or retrofitted to conform to the criteria specified
in this section.
Division 4.00 Soft Story construction.
(a) Within 120 days of the effective date of this
Ordinance, the owner of any soft, story structure damaged by
the January 17, 1994 Earthquake or its aftershocks, where the
cost of repair is less than 50% of the replacement value of
the structure, shall submit an engineering report prepared by
a licensed engineer ("engineering report") to the Building and
Safety Division. The report shall be based on a non-rotational
lateral analysis and shall demonstrate whether the building
complies with the Earthquake Design Standards contained in the
Uniform Building Code in effect at the time the structural
engineering report is submitted to the city. If the report
concludes the structure does not comply with the standards,
the structure shall be strengthened within the timelines of
Division 7.00 of this Section and according to the fOllowing
standards:
(1) Calculated story drift shall not exceed 0.04/RW
or 0.005 times the story height for structures having a
fundamental period of less than 0.7 seconds. For
structures having a fundamental period of 0.7 second or
greater, the calculated story drift shall not exceed
0.03/Rw or 0.004 times the story height.
(2) Use K=2.1, the buckling factor for a cantilever
column, for the design of the steel columns.
18
(3) Do not allow the principle of diaphragm
rotation in wood frame buildings to distribute the design
lateral force(s).
(b) Within l20 days of notice to the owner by the City,
the owner of any soft story structure not damaged by the
January 17, 1994 Northridge earthquake or its aftershocks,
shall submit an engineering report to the Building and Safety
Division. The report shall be based on a non-diaphragm
rotational lateral analysis and shall demonstrate whether the
structure conforms to the Earthquake Design Standards
contained in the Uniform Building Code as adopted by the city
of Santa Monica. If the report concludes the structure does
not comply with the standards, the structure shall be
strengthened within the timelines of Division 7.00 of this
section and according to the standards listed in subsection
(a) above.
Division 5.00 Tilt-up Buildings Constructed to Pre-1976
Building Code. Within 275 days of the date of notice to the
owner by the City, the owner of any Tilt-up building
constructed to pre-1976 Building Code standards shall submit
an engineering report to the Building and Safety Division.
The report shall demonstrate whether the structure conforms to
the Earthquake Design Standards contained in the Uniform
Building Code in effect at the time the report is submitted to
the city. If the report concludes the structure does not
comply with the standards, the structure shall be strengthened
19
to comply with the standards within the timelines of Division
7.00 of this Section.
Division 6.00 Non Ductile Reinforced Concrete and Non
Ductile Pre-Cast Concrete structures. Within 275 days of the
date of notice to the owner by the City, the owner of any non
ductile reinforced concrete or non ductile pre-cast concrete
structure shall submit an engineering report to the Building
and Safety Division. For structures over three stories in
height, the report shall be based upon a dynamic lateral-force
analysis and for structures three stories or less, the report
shall be based upon a straight lateral load analysis. The
report shall demonstrate whether the structure conforms to the
Earthquake Design Standards contained in the Uniform Building
Code in effect at the time the report is submitted to the
city. If the report concludes that the structure does not
comply with the standards, the structure shall be strengthened
to comply with the standards within the timelines of Division
7.00 of this section.
20
Division 7.00 Timetable for Compliance.
Required Bldg. File for Permit Commence Complete
Action by Type and Submit Plans Construction Construction
Owner to Building within within
Official within
Make I 60 days from l50 days from 1 year from
alterations date of eng. date of eng. date of eng.
to strengthen rpt. submittal rpt. submittal rpt. submittal
structure
II 180 days from 270 days from 2 years from
date of eng. date of eng. date of eng.
rpt. submittal rpt. submittal rpt. submittal
III 1~ years from 1 year 8 mos. 3 years from
date of eng. from date of date of eng.
rpt. submittal eng. rpt. rpt. submittal
submittal
IV 2 years 5 mos. 2 years 8 mos. 4 years from
from date of from date of date of eng.
eng. rpt. eng. rpt. rpt. submittal
submittal submittal
Notwithstanding the above, as to any soft story structure
with occupied square footage other than parking or storage on
the first floor of the building, construction shall be
21
completed within 2 years from date of engineering report
submittal.
For purposes of this section "date of engineering report
submittal" shall be either that date upon which the report was
due to be submitted to the City, or the date of actual
submittal to the City, whichever is earlier.
Division 8.00 Historical Buildings. Buildings
designated as historically or architecturally significant
landmarks on national, state or local historical registers
shall comply with this section. At the Building Official's
discretion, modifications to the standards set forth in this
Section may be made on a case by case basis, so long as such
modifications are consistent with the provisions of the state
Historical Building Code.
SECTION 5. section 8.04.173 is hereby added to the Santa
Monica Municipal Code to read as follows:
8.04.l73 UAC section 206 (i) added- Bracing of water
Heaters.
Section 206(i) of the Uniform Administrative Code, 1991
Edition, relating to Bracing of Water Heaters, is added to
read as follows:
Water Heaters. Prior to any building sale after the
effective date of this Ordinance, or as part of any building
permit or inspection carried out by the Building and Safety
Division, all water heaters shall be braced in conformance
22
with the minimum standards established by the Building and
Safety Division.
SECTION 6. The City council finds pursuant to City
Charter section 615 that this Ordinance is necessary for
preserving the public peace, health and safety, and the
urgency for its adoption is set forth in the findings above.
SECTION 7. 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. In the
event of any conflict between the provisions of this
Ordinance, and any other City adopted interim or emergency
ordinance, including the Earthquake Recovery Act, the
provisions of this ordinance shall prevail.
SECTION 8. 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
23
without regard to whether any portion of the Ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 9. 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 be
effective upon its adoption.
APPROVED AS TO FORM:
-(l(~~~ ~~
MARSHA JONRW MOUTRIE
City Attorney
24
Adopted and approved this 21st day of June, 1994.
~r. MA
a or
I hereby certify that the foregoing Ordinance No. 1748 (CCS) was, duly and regularly
adopted at a meeting of The City Council on the 21st day of June, 199,4; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilrnembers:
Vazquez
ATTEST:
_44ih_/fJ~
City Clerk