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O1857 e e CA:f:\atty\muni\laws\mhs\demoint2 City Council Meeting 7-23-96 Santa Monica, California ORDINANCE NUMBER 1857 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ALLOWING DEMOLITION OF EARTHQUAKE DAMAGED STRUCTURES WITHOUT A REPLACEMENT PLAN 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. Findings and Purpose. The city council finds and declares: (a) At its meetings of February 20, 1996, and March 26, 1996, the City Council discussed vacant buildings within the city and received information from staff concerning the impact upon public safety and welfare posed by such buildings. (b) The City posted numerous buildings which were damaged by the January 17, 1994 Northridge earthquake and its aftershocks with a yellow or reg tag, which prohibits the use or occupancy of such structures. Many of these damaged buildings remain unoccupied, and have been the subject of Nuisance Abatement Board proceedings principally directed at ensuring that the structures are adequately boarded, secured, and fenced. 1 e e (c) These damaged unoccupied structures are a potential public health, safety and welfare hazard. It is often difficult to secure such structures against illegal entry by persons who are seeking shelter or a location for the conduct of illegal activities. Unauthorized entry and habitation of such structures can create a potential fire risk and other health hazards from persons starting fires for cooking or heat, from the accumulation of combustible materials, and from the conduct of illegal activities such as drug use. (d) For these reasons, it is in the public's interest to ensure that these unoccupied damaged structures are quickly repaired or reconstructed, and returned to use, or demolished. (e) For residential buildings and structures, the City's Zoning Ordinance demolition permit provisions require that, unless a determination has been made that the building is a public nuisance, a demolition permit cannot be issued until after the final permit to commence construction for a replacement project has been issued ("Replacement Project Permittl). The process necessary for a formal determination of public nuisance, or for the processing of a Replacement Project Permit can be lengthy, and has the potential for unreasonably delaying the demolition of structures which are, or may become a threat to the public safety and welfare as described above. (f) In response to these concerns, at its March 26, 1996 meeting, the city Council directed the City Attorney's office to draft an ordinance amending the Zoning Ordinance's demolition 2 e e permit procedures so that unoccupied structures which have been red or yellow tagged as a result of the Northridge earthquake and its aftershocks may be demolished without the requirement of a Replacement Project Permit (the "Zoning Ordinance Amendment"). (g) On May 28, 1996, the City Council adopted a Resolution of Intention directing the Planning Commission to initiate the Zoning Ordinance Amendment process. On June 11, 1996, the city council adopted Ordinance No. 1853 (CCS), an interim ordinance, allowing the demolition of earthquake damaged red- and yellow- tagged buildings without a replacement project permit. This ordinance will expire August 25, 1996 unless extended. (h) A pUblic hearing before the Planning Commission on the Zoning Ordinance Amendment is scheduled for August 7, 1996. Following Planning Commission consideration, the Amendment will be considered by the City Council. The process will require approximately six months to complete. (g) For the reasons discussed above, there exists a current and immediate threat to the public health, safety, or welfare as a result of unoccupied structures which have been red and yellow tagged as a result of the Northridge earthquake or its aftershocks. It is therefore necessary to extend the Interim Ordinance to allow demolition of such structures without the requirement of a Replacement Project Permit pending the completion of the Zoning Ordinance Amendment process. If the current requirement for a Replacement Project Permit remains in effect during the processing of the Zoning Ordinance Amendment, the delay of issuance of 3 e e demoli tion permits for vacant red and yellow tagged structures would result in a threat to public health, safety or welfare. (h) For the reasons discussed above, the City Council finds that an extension of the Interim Ordinance is necessary as an emergency measure for preserving the public peace, health, and safety. SECTION 2. Interim Zoninq. Notwithstanding the requirements of Santa Monica Municipal Code section 9.04.10.l6.010(a) (2), the issuance of a final permit to commence construction for a replacement project shall not be required as a condition of issuance of a demolition permit for any building or structure which was damaged by the January 17, 1994 Northridge earthquake or its aftershocks, and which bears a red or yellow tag designation by the City at the time of the filing of the demolition permit application. This Ordinance does not affect any other requirement of Section 9.04.10.16.010, or any other provisions of law concerning the issuance of demolition permits. SECTION 3. This Ordinance shall be of no further force or effect six months from its adoption, unless extended in the manner required by law. SECTION 4. 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 4 e e health, safety, or welfare as set forth in the Findings and Purpose section of this Ordinance. SECTION 5. 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 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional 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. 5 e e SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary hereof, to be published once in the official newspaper within 15 days after its adoption. Ordinance shall be effective upon its adoption. This APPROVED AS TO FORM: ~AJu.~ IUru?1-u MARSHA JONE~MOUTRIE City Attorney 6 e e p~ Mayor State of Califorma ) County of Los Angeles) ss CIty of Santa MOnIca ) L :Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1857 (CCS) had Its first readmg on July 23. 1996, and had Its second readmg on July 23, 1996 and was passed by the followmg vote Ayes CouncIl members Abdo. Genser, Greenberg, Holbrook, O'Connor. Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members Ebner ATTEST ~_l~_ ~..4 City Clerk " PROOF OF PUBLtATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles. f am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or interested in the above.entltled matter. I am the principal clerk of the printer of the .I...~................e..................'.'........ THE OUTLOOK ...w......4.................................a....4.. a newspaper of general circulation, printed and published .:P."'.I.~X. R-K~~J?:I:.f?JJNJ?AX. in the City of .~M:rA.~'9JfJs:;^............ County of Los Angeles. and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of Cal ifornia, under the date of.1~N".. .~~ 19 .~~., Case Number.. ;n~.:n.!!.....i that the notice, of which the annexed Is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and t10t in any supplement thereof on the following dates. to. wit: AUG 3 ........w........................................... all in the year 19.. ~~. I certify (or declare) under penalty of perlury that the forego 109 IS true and correct . Dated at... ~~~T~. '.1.9.~.I~~................. CQ . thO 3 d f AUG 19 96 rnlCl, IS............. a"lo ....... .., ..... .... ~~~~..~~t.\4:-:...... Signature (j .... The Oudool~ 1920 Colorado Ave Santa MonIca. California 90404 (310) 829-6811 (1_.__ LOS 11....~..A_ ~ ANGElES ,~ This space is for th.~~(ct.~,~$~~lng Stamp :--,"'~-:\;.. ~i~ " ~\~~ r'C.~f .95 ~DG - 7 P2 1;::" .-J SAi'tT A ~A~ll.:"', Ci" :1 Proof of Publ ication of ..................~......................................... .................................,......................... EO 8-38 Clty of Santa Momca Ordllta~ Number 1857 tCCS] (Cit;y CounCil Senes! AN ORDI~ANCE OF THE CITY COUNCIl; OF SANTA MONICA ALLO~ DEMOLITION OF EARTHQUAKE DAMAGED STRUCTURES WITHOUT A REPLACEMENT PLAN ON AN IN'I'ERJM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY The followmg lS a summary of Oni!- nance Number 1857 (ecs) prepared by the OffICe of the Clty Attorney Ordmance Number 1857 (CCS) IS an emergency ordmance WhlCh extends the proVlslons of Ordmance Number 1853 fCCS), to allow for the demohtlon of earthquake dam4ged -stru.ctures Wtthout a replacement plan on an mtenm baSIS Spet;lfically, thlil OnhlUlnC1! provtdes that the Issuance of a final permtt to com- mence construction for II replacement pro- Ject IS not required as a oondition of the Issuance of a demohtlOn rrmlt for any buddtng or stru.cture wluc was damapd by the January 17, 1994 Northrldge earthquake or tts aftershocks, and which bea!'S a red or yellow tBl deslgJ18tton by the City at- t~ p.me;~f the filjng of the demoIltwn. ~ a.PRJ~n _Thill Ord,i- nance, d.oes rilIt.ril'llict - ~,'other requtre:- mant of . MuniCipal .-Code SeetJon 904 10.16.010. ~ 8hY P6It p~ ef law concernbl(i Nle ~ ~f chmtatitiOft permIts. ThIS O"rdlnanee Will remiln In effect for SIX month~ follo-wlIlg lts aeIop.. Uon Ordinance Number "1Bl>7 fCCSI was . adopted on July 23, 1996. IInd shaU become effectlve unmedia.teJy I, Mana M StllW8J'l, Clty Clerk, do hereby certify that Otdmance Number 1857 ICC'sJ bad It&- first 4hd final reading on July 23, 1996. e,nd WIll passed by the followllllJ vote Ayes CounClI members Abdo Genser, Greenberg, H~lbroQk O'Connor, Rosenstelll . Noes Council I'nEIrnbel'B Abet.alll Councll members Absent U.uncil_~embers. Ebner IS! MARU.;u- STEWART City Clerk The full text of the above Onitnance lS available upon requeet fl'Oltl the office of the City Clerk. loc&;ted at Hl86 MaID Street, Room 102, ~t.a MODl~ Phone (310) 458-8211 . Pub AUj\'Ust 3, 1996