O1857
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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.
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(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
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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
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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
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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.
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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
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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
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THE OUTLOOK
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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
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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
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Signature (j ....
The Oudool~
1920 Colorado Ave
Santa MonIca. California 90404
(310) 829-6811
(1_.__ LOS 11....~..A_
~ ANGElES ,~
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SAi'tT A ~A~ll.:"', Ci" :1
Proof of Publ ication of
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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