SR-416002
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CED:CPD:DKW:BR
CIty CouncIl MeetIng 7/23/85
Santa Monica,
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JUt 2 3 \9~5
JUl 30 19.5
CalIfornIa
TO: Mayor and CIty Councll
FROM: CIty Staff
SUBJECT: RecommendatIon to Adopt a Resolutlon of Intentl.on to
Amend the Zonlng Ordinance Regardlng Demolltlon
Procedures
INTRODUCTION
As requested by the CIty Council on January 22, 1985, thIS report
provIdes
InformatIon on
the
CIty'S
current
pOll.CleS
and
procedures for bUIldIng demolItIons.
It IS recommended that the
Cl ty Councll adopt a Resal utlon of IntentIon to amend SectIon
9123 of tne MunICIpal Code and dlrect the plannIng Commlsslon to
reVIew and comment on the matter WIthIn forty days.
Under the recommendatIon, demolltlon of bUIldIng and structures
shall be permItted when all of the follOWIng condItIons have been
met:
1. A removal perrolt has been granted by the Rent Control Board
when requIred.
2. The final permlt for a replacement proJect has been l.ssued
or the Dlrector of PlannIng and the BUIldIng Offlcer have
determIned that the eXIstIng structure 15 a publlC nuisance.
3. A property maIntenance plan has been approved by the Dlrector
of Planning and the BUlldlng OffIcer, pursuant to gUidelines
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and standards to be adopted by the ArchItectural Review Board
and approved by the Plannl.ng CommIssion as provl.ded for 1n
Mun1cipal Code Sectlon 95038.
4. Subsequent development is in conform1ty with the General Plan
and other appllcable regulatlons.
In addltion, non-controlled slngle famlly resIdentlal units would
be exempt from these requlrements except that a property
maint~nance approved by the Dlrector of Plannlng and the
BUlldlng Off1cer 1S requlred as prov1ded 1n number 3 above.
BACKGROUND
There are several provlsions in the Municlpal Code WhlCh regulate
the demolltlon of bUlldlngs and structures. Munlclpal Code
Section 9123 relatlng to Demolltlon of BUlldings and Structures
reqUIres an appllcant to obtaln a bUIlding permlt for a
replacement proJect prlor to commenclng demolltlon of any
eXlstlng structure on the proJect slte. Both commerclal and
resldentlal structures are affected by th1S prOVIsIon.
Otner proVISlons 1n the MunIcIpal Code and the Clty Charter
regulate speclfl.c categorl.es or types of bUl.ldl.ngs. For
lnstance, Chapter 5 of the Rent Control regulatlons deals wlth
the removal of controlled rental dwellIng unlts, and Sectlon 9600
of the Munlclpal Code addresses deslgnated landmarks or
structures wlthln an hlstorlC dIstrIct. Sectlon 8110 establlshes
a requlrement for a Coastal Permlt prr.or to demolitlon for
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bUild lngs WI thin the Coas tal Zone. Sectlon 8300 of the Code,
Abatement of NUIsances focuses primarIly on vacant or abandoned
structures. Sectlon 4204dl restrlcts the tlme and days demolltlon
can take place. In Sectlon 8102 the Clty adopted the Uniform
Abatement Code for the abatement of dangerous bUlldings. The
current code sectlons regulatlng demolltlons have come about from
the desire to ensure that demolItIons are not occurrlng
arbItrarlly.
The adoptIon ot SectIon 9123 In 1983 added addItional procedures
required prIor to actual demolItIon work beIng commenced.
SectIon 9123 was establIshed after several lnstances when
proper ty owner 5 demolIshed commer:c lal structur es WI th the
IntentIon of leavlng tne lots vacant untIl some future time when
new cammer C lal development was proposed. Reslden ts appealed to
the Cl ty to do somethlng about allOWIng the demoll tion of a
bUlldlng wIthout the publIC knowlng what would take Its place.
Sectlon 91231 s Intent was to protect bUIldIngs from untlmely
demolltlon by rzquIrlng approval of a replacement proJect prlor
to demolItIon. In addItIon, part of the rationale for SectIon
9123 was publIC concern about poor malntenance of some vacant
lots ln Santa Monlca.
Anothee SectIon of the MunICIpal Code WhICh relates to
demolItIons IS SectIon 8102. ThIS SectIon clearly defInes
dangerous bUlldIngs and structures whether occupIed, vacant or
abandoned. It also prOVIdes clear d1rectlon on how a dangerous
build1ng or structure should be abated; these are repalr,
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vacatIon,
determIned
or demoll tIon. If a bUildIng IS inspected and
to be dangerous (I.e. unsafe, fIre hazard, not
secured, unfInIShed or under constructIon) that
can be declared a publIC nUIsance by a bUIldIng
properly
structure
Inspector. The Inspector then commences proceedIngs to cause the
repair, vacatIon or demolItIon of the bUIldIng. (Demolitions may
not be ordered If a removal perm1t 1S reqUIred from the Rent
Control Board and has not been obtaIned.) The Code establIshes
the procedures to be taken by the BUIlding officer to notify the
owner of tne nUIsance and the methods by WhICh the nUIsance can
be corrected. Abatement of the nUIsance could be accomplIshed by
cleanIng up the debrIS, boardIng up all entrances to the
bUlldlng, fenCIng the lot or structure, repaIr 109 the structure
so that the bUllding can be habItable or rehabIlItatIng the
bUIldIng.
Current CIty POlICY has been to lmmediately notIfy bUIldIng
owners of any dangerous and unsafe condItIons. The owner 15
Informed that the bu~ldIng must be repalred to meet current
standards. However, If the owner deSIres the bUlldlng to remaIn
vacant, the owner IS Informed that the bUildIng must be secured
from entry. Th~s may Include but IS not limIted to fenclng the
property or structure and boardIng up all openIngs on the ground
floor.
Currently, there are 44 vacant bUIldIngs In the Cl ty of Santa
MonIca. Of the 44 bUIldIngs IdentIfIed, 22 are SIngle-famIly
dwellIngs, seven are commercIal and 15 are rnult~-farnlly dwellIngs
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cons1stIng of over 216 units that are vacant. About every SlX
months each structure 1S Inspected by BU1ldIng and Safety
DIvIsion personnel. They mak2 sure that these bUlldlngs are not
a publIC nUIsance. When there does appear to be a problem, the
owner IS notlfled to resecure the property.
ANALYSIS
The maJor problem that arlses from the replacement proJect
reqUIrement IS that there are, on occaS1on, abandoned bUIldIngs
WhICh are publIC nUIsances WhICh should be replaced or
demolIShed. However, the owner may not have the resources or may
not desIre to repaIr or replace the structure ImmedIately.
Because the owner would be requIred to obtain a bUIldlng permit
for a replacement proJect pr lor to demolItIon of any eX1sting
structures on-51 te, some bUlldlngs WhIch Should be removed may
remaIn In eXIstence.
Another demolItIon Issue IS related to the Cl ty' S Rent Control
law WhICh, among other prOVISIons, regulates the removal of
con trolled ren tal un~ ts. In order for an owner to obtaIn a
removal permIt from the Rent Control Board, the owner must
prOVIde substantIal eVIdence to conVince the Board that the owner
cannot feaSIbly maintaIn or own the structure or that the owner
plans to develop more rental unl ts. The City's Rent Control
AdmInIstratIon has establlsned detaIled rules for lssulng removal
permlts. The Board grants removal permits under very strlct
gUIdelInes. The Rent Control Board staff performs extenSIve
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analys ~s for removal perml t hear ~ng s wh~ch ~ncludes
rehab~lltatIon potentIal and feaSlb~llty. The Rent Control Board
attempts to ensure that removal permIts are not granted to owners
who IntentIonally allow theIr propertIes to deterIorate.
A thud Issue relatIng to demoll tIon POlICY has to do with the
condItIon of vacant land created by demolItIon. Part of the
ratIonale for the current replacement proJect reqUIrement was
maIntenance problems assoclated WIth vacant land. However, thlS
could be addrtlssed by requlr lng a proper ty maIntenance plan In
connectlon WIth the issuance of a demolition permit.
Under tne recommendatIons of thIS staff report, th~s matter would
be referred to the PlannIng CommISSIon for Its reVIew. The
CommISSIon would be reqUIred to hold a publIC hearIng WIthIn 30
days. WIthIn 40 days the CommISSion would then make fIndings and
forward recommendatIons to CI ty Counc 11 for flnal actIon. The
CI ty Counc 11 would then dIrect the CIty Attorney to dr aft an
ordInance for adoptIon.
BUDGET/FISCAL IMPACTS
The recommendat1ons In th1S repor t do not have a budget/f~scal
l.mpact~
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RECOMMENDATION
It IS recommended tnat the C1ty Counc11 adopt the attached
Resolutlon of Intentlon to amend Munlclpal Code SectIon 9123 to
permIt demolItIon when all of the followIng condlt1ons have been
met:
1. A removal perml t has been granted by the Rent Control Board
when requlred.
2. The fInal permIt for a replacement proJect has been Issued or
the DIrector of Planning and the BUlldlng Offlcer have
determlned that tne eXlstlng structure 1S a publIC nUIsance.
3. A property maIntenance plan has been approved by the DIrector
of PlannIng and the BUIldIng OffIcer pursuant to gUIdelInes
and standards to be adopted by the ArchItectural ReVIew Board
and approved by the PlannIng CommISSIon.
4. Subsequent development IS In conformIty wltn tne General plan
and other applIcable regulatIons.
Non-controlled sln~le famIly reSIdentIal unIts would be exempt
from these requlrements except that a property maIntenance plan
approved by the DIrector of PlannIng and the BUlldlng OffIcer IS
requlred.
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Prepdred by: D. Kenyon Webster, ActIng Sen~or planner
Barbara RenterIa, ASslstant Planner
Clty Plannlng DivlSlon
CommunIty and EconomlC Development Department
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Was it amended? ~6
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~ -:l) PROOl~ VQTE~ WI TH _A.NOTHER PERSON BEFORE ANYTHING
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~EFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION It 70 0
Council t-1eeting Da te -;;:~o/f'~
Agenda Item It
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FOR CITY C~ERK1S ACTION
ORDINANCE #
Introduced:
Adopted:
AIWAYS PUBLISH AOOP'1'w ORDINNJC'F'~ *
*Cross out Attorney I 5 approval
NEWSPAPER PUBLICATION-(Date=
filed in Vault.
)
)
Department originating staff report (
Management Serv,~se? Ly~ne Ba~r~tte.-urdi~~n~es only
Agency mentioned In document or staff report
Subject file (agenda packet)
Counter fIle
Others;
.
Airport
Parking Auth.
AuditoIurn
Personnel
Building Dept.
Planning
Environ. Servo
Police (en-
forcement?)
FInance
Purchasing
FIre
Recr/parks
General Servo
Transportation
Library
Treasurer
Manager
SEND FOti~'COPIES OF'ALL ORDINANCES TO:
CODED SYSTEMS, Attn Peter Maclearie
12;9 '}lain~.:tr':'et . :"
AVQ~, Ne,w Jersey_0771f'~" ,
SEND F8UR COPIES OF ALT. OR!lTNAN~fS ,to:
PRESIDING JU-DGE-, - ..'
SANTA MONICA MU~IcrPAL COURT
,1 725 MAIN S'TREET
SANTA MONJCA, CA 90401
t-
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(certified?)
1
1
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.
- *Check Code Sections before sending.
TOTAL COPIES
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CED:CPD:DKW:BR:lw
City Counell Meeting 7/23/85
Santa Honica, Californla
RESOLUTION NUXBER 7059(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA OF ITS INTENTION
TO ~mND THE ZONING CODE SECTION
REGARDING DEXOLITIO~ OF BUILDING AND STRUCTURES
SECTION 1. Pursuant to Santa Monica Municipal Code Section
9149, the C1ty Counc1l does hereby give notice of 1ts intention
to lnltlate proceedlngs to amend Sectlon 9123 of the Municipal
Code to change the text as follows:
(1) Demolltlons of bUlldings and structures shall be
permitted when all of the fol~ow~ng conditions have been met:
(a) A removal permit has been granted by the Rent Control
Board when requlred.
(b) The f1nal perm1t for a replacement project has been
issuec or the Director of Plann1ng and the Buildlng Officer have
determlned that the eXlsting structure is a public nuisance.
(c) A property malntenance plan has been approved by the
D1rector of Plannlng and Buildlng Off1cer. The Architectural
Review Board shall adopt and the Planning Commisslon shall approve
guidellnes and standards for property malntenance plans pursuant
to Santa Monica MUDlcipal Code Seetlon 9503B.
(d) Subsequent development 1S In conform1ty wlth the General
plan and all other appllca~le regulations.
(2) Non-controlled single-family residentlal units are
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Adopted and approved thlS 30th day of July, 1985.
f~~A~
/- Mayor
I hereby certlfy that the foregolng Resolution No. 7059(CCS)
was duly adopted by the City Councll of the City of Santa Monica
at a meeting thereof held on July 30, 1985 by the following
Council vote:
Ayes: Councilmembers: Conn, Epstein, Jennings, Katz,
Zane and Mayor Reed
Noes: Councllmembers: None
AbstaIn: Councllmembers: None
Absent: Councllmembers: Edwards
ATTEST:
a/1V '-;')7 Att
Clty Clerk