SR-072396-8DJUL 2 3 ~
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Council Meeting: July 23, 1996 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Extend the Interim Ordinance Allowing
Demolition of Earthquake Damaged Structures Without a
Replacement Plan.
INTRODUCTTON
This report recommends that the City Council conduct a public
hearing and adopt an urgency ordinance extending the existing
interim ordinance allowing demolition of earthquake damaged
structures without a replacement plan. The extension of the
interim ordinance is necessary in order to allow sufficient time
for the Planning Commission and City Council to consider making
permanent changes to the Zoning Ordinance regarding this issues.
An urgency ordinance is necessary to ensure the interim ordinance
does not expire before the extension is in place.
BACKGROUND
On February 20, 1996 and March 26, 1996, the City Council discussed
vacant buildings within the City and received information from City
staff regarding the impact upon public safety and welfare posed by
these buildings. Based upon the discussion at these meetings, on
Sune 11, 1996 the City Council adopted Ordinance 1853 (CCS)
allo~:ing for the demolrtion of red and yellow tagged earthquake
danaged structures c•~ithout a replacement plan on an interim basis.
1 JUL 2 3 1996
The interim ordinance is due to expire on August 25, 1996 unless it
is extended prior to this date.
ANALYSIS
As part of their discussion on the interim ordinance, on May 28,
1996 the City Council approved a resolution announcing its
intention to amend the Comprehensive Land Use and Zoning Ordinance
to allow for the demolition of earthquake damaged buildings without
a replacement plan.
A public hearing before the Planning Commission on the zoning
ordinance amendment is scheduled for August 7, 1996. Following the
Planning Commission hearing, the text amendment will be scheduled
for City Council consideration. Due to the fact that permanent
standards may not be in place before the expiration of the interim
ordinance, it is necessary to extend the interim ordinance at this
time. The proposed ordinance would continue the provisions of
Ordinance 1853 (CCS) for a period of six (6) months from the date
of adoption.
BUDGET/FINANCIAL IMPACT
The proposed ordinance caould have no budget/financial impact.
RECOMMENDATION
It is recommended that the City Council adopt the attached urgency
ordinance.
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Prepared by: Suzanne Frick, Director
Paul Casey, Assistant to the Director
Planning and Community Development Department
Attachment A: Urgency Ordinance
ATTACHMENT A
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City Council Meeting 7-23-96 Santa Monica, California
ORDINANCE NLTMBER 1857(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ALLOi4ING DEMOLITION OF EARTHQUAKE
DAMAGED STRUCTURES S9ITHOUT 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 l. 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 sub~ect o£ Nuisance Abatement Board
proceedings principally directed at ensuring that the structures
are adequately boarded, secured, and fenced.
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a
(c) These damaged unoccupied structures are a potential
public health, safety and welfare hazard. It is o£ten 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 illeqal
activities such as drug use.
(d) For these reasons, it is in the public's interest to
ensure that these unoccupied damaged structures are guickly
repaired or reconstructed, and returned to use, or deiaolished.
(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 Permit"). 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 wel£are 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 anending 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 ll, 1996, the City
Council adopted Ordlnance 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, sa£ety, 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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.
demolition 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 9.04.10.16.010(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 af£ect 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 oP 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
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.
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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 sumnary hereof, to be published once in
the official newspager within 15 days after its adoption. This
Ordinance shall be effective upon its adoption.
APPROVED AS TO FORM:
~K.~,c,;c,l~~ r~C.zu ~=C.•.~e
Mr~.RSHA JONESjMOUTRIE
City Attorney
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„~~/~~ ~~
~~fa~~or
State of Cahfornia )
County of Los Angeles ) ss
Cit}• of Santa \-lomca )
I, ~4azia M Stz~~art, Cit~~ Clerk of the City of Santa ~~fonica, do hereby certifi-~ that the foreeom~
Ordmance tio 1857 (CCS) had tts first readmg on Julv 23. 1996. and had its second readma on
Julv 23, 1996 and cvas passed by the follo~~m~ ~'ote V
Aces Council mzmbers abdo, Gznser. Grzenberg. Holbrook, O'Connor, Rosenstein
I~'oes Council members None
Abstam Council members ~Ione
Absent Council members Ebner
aTTEST
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Citv Clerk ~