SR-100896-6C6C
OCT 0 8 1996
CA:f:atty\muni\strpts\mjm\demo.2d
City Council Meeting 10-8-96 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CDDE SECTION
9.04.10.16.010 CONCERNING DEMOLITION PERMIT REQUIREMENTS
INTRODUCTION
At its meeting on September 24, 1996, the City Council introduced
for first reading an ordinance amending Santa Monica Municipal Code
Section 9.04.10.16.010 concerning demolition permit requirements.
The ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Janes Moutrie, City Attorney
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CA:f:\atty\muni\laws\mhs\demo.2
City Council Meeting 1Q-8-95 Santa Monica, California
ORDINANCE NUMBER LSbS{CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9.04.30.I6.Q10
CONCERNING DEMOLITION PERMIT REQUIREMENTS
WHEREAS, the Planning Commission adopted a Resolution of
Intention to amend the zoning ordinance to modify the standards
concerning issuance of demolition permits; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment and made recommendations to the City Council
following the hearing; and
WHEREAS, the City Council held a public hearing on the
proposed amendment on September 24, 1996; and
WHEREAS, the City Council finds and declares that the proposed
amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General
Plan, in that it furthers the goals of Safety Element Goal 1 and
Safety Element Policy 1.2 to mitigate the impact of seismic hazards
by improving the process of allowing for the demolition of
earthquake damaged red- and yellow--tagged buildings; and
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WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment language in order to
preserve and protect the quality of life in the City in that the
amendment simplifies the process for demolition of unoccupied,
severely damaged buildings which pose a potential risk of fire and
other public health hazards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.10.16.010 of the Santa Monica
Mun~.cipal Code is amended to read as follows:
9.04.10.16.010 Demolition of buildings and structures.
{a) No demolition of buildings and structures shall be
permitted except when all of the following conditions have been
met:
{1} A removal permit has been granted by the Rent
Control Board, when required.
{2) For residential buildings and structures, the final
permit to commence construction far a replacement project has been
issued, or the building or structure is exempt from this
requirement pursuant to subsection {b) below.
{3) A property maintenance plan has been approved in
writing by the Director of Planning and the Building Officer. The
Architectural Review Board shall adapt and the Planning Commission
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shall approve guidelines and standards for property maintenance
plans pursuant to Section 9.32.040.
(4) If the original permit for the building or structure
was issued more than fifty years before the date of filing of the
demolition permit application, the requirements of subsection (d}
are satisfied.
(b) The following buildings and structures are exempt from
the requirements of subsection (a)(2}:
(1} Single family dwellings which are located in the R1
District, any Commercial District, or any Industrial District and
which are not controlled rental units under the Rent Control Law.
(2) Buildings or structures which the Director of
Planning and the Building Officer have determined to be a public
nuisance.
(3) Buildings and structures which were damaged by the
January 17, 1994 Northridge Earthquake or its aftershocks, and
which were yellow- or red-tagged by the City.
(c) Prior to filing an application for a demolition permit,
a notice of intent to demolish must be prominently pasted on the
property. Such notice shall be in a form approved by the City.
(d) In addition to any other requirements imposed by this
Section, no demolition of buildings or structures, the original
permit for which was issued more than fifty years before the date
of filing of the demolition permit application, shall be permitted
unless the following requirements have been met:
(1) Within 7 days of receipt of all filing materials for
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a demolition permit for such structures, the City shall transmit a
copy of such application to each member of the Landmarks
Commission. Filing materials shall consist of a completed
application form, site plan, eight copies of a photograph of the
building and photo verification that the property has been pasted
with a notice of intent to demolish.
(2) If no application for the designation of a structure
of merit, a landmark or a historic district is filed in accordance
with Sections 9.36.090, 9.36.120 or 9.36.130 within 60 days from
receipt of a complete application for demolition, demolition may be
approved subject to compliance with all other legal requirements,
including this Section.
(3) If an application for structure of merit designation
is filed in accordance with Section 9 .35.090 (a) within 50 days from
receipt of a complete application for demolition, no demolition
permit may be issued until after a final determination is made by
the Landmarks Commission, or the City Council on appeal, on the
structure of merit designation application. The structure of merit
application shall be processed in accordance with the procedures
set forth in Section 9.36.090.
(4) If an application for landmark designation is filed
in accordance with Section 9.36.120(a) within 60 days from receipt
of a complete application for demolition, no demolition permit may
be issued until after a final determination is made by the
Landmarks Commission, or the City Council on appeal, on the
application far landmark designation. The landmarks application
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shall be processed in accardance with the procedures set forth in
Section 9.36.120.
(5) If an application for historic district designation
is filed in accordance with Section 9.36.130(a) within 60 days from
receipt of a complete application far demolition, no demolition
permit may be issued until after a final determination is made by
the Landmarks Commission, or the City Council on appeal, on the
application for historic district designation. The historic
district application shall be processed in accardance with the
procedures set forth ~n Section 9.36.130.
SECTION 2. Any provision of the Santa Monica Municipal Cade 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 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance rs 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 Drdinance, 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
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unconstitutional.
SECTION 4. 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 thereof to be published once in
the official newspaper within 15 days after its adoption. This
ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JONE~'MOUTR~E
City Attorrt~y
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Ma~~or
State of California }
Count<< of Los Angeles } ss
Cit4 of Santa Monaca }
L \~laria ~1 Stet~°art. Cit<~ Clerk of the Cite of Santa Monaca, do hereby- certifi- that the foregoing
Ordinance l~;0 186 (CCS) had its first reading on 5entember 24. 1996, and had its second
reading on October 8. 1996 and was passed b~° the folloEVing vote
A}~es Council members Abdo, Ebner, Genser. Greenberg, Holbrook, O'Connor.
Rosenstein
I~ oes C oauacal members lti one
Abstain Council members '_Vone
Absent Council members lone
ATTEST
L_
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Citt- Clerk
PROOF OF PUBLICATION
(4015,5 C.C.P.)
This space is for the~~ovnty;,Clerk's Filing Stamp
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STATE OF CALIFORNIA,
County of Los Angeies.
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of a+ghteen years, and not a party to
ar interested in the above-entitled matter I
am the principal clerk of the printer of the
..............T.HE OUTLOOK..................
a newspaper of general circulation, printed
and published DAILY,EKCEPT~SUNDAY.
In the City of .5~~:~~l.l~~QIJ1cA ...... ...
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Las Angeles, State of
California, under the date of,JAN. 26 lq ~31
Case Number ..314319,,,,,; that the notice,
of which the annexed is a prln#ed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
t0-Wit:
.. OCT .1 2 .............. ................ .........
all in the year 19.96
I certrfy (or declare) under penalty of
perjury that the foregoing is true and
correct
Dated at,,, SANTA. ~iO1dICA
Cal' or ia, thls.12 ......day of.~ T 1996..,
aClly.1X_ 1~./. !~ ~L~.... L~ . .~.
Signature
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Proof of Publ+cat+on of
..........................................................
Eo lo-ao
city of Santa Monica r
Ordinance Number 1864 (GCS)
(Cits Council Series)
AN ORDINANCE OF THE CI'I'Y
CflETNCIL OF THE CITY OF SANTA _
MONICA AMENDING SANTA
MONICA MiJNICIPAL CODE
SECTION 9 04.XO.I6.0Y0 concerning
demolition perntit negturements
The following is a sumWary of Ordi-
nance 'cumber 1865 EGGS] prepared by
the OfFce of the City Attorney
Ordinance Number 1$65 {GCS) (the
"Ordinance°) replaces an tntenm ordi-
nance {Ordinance ;cumber 1$53 (CCglt
adopted by the City Cauna] on June 11~
1996, and extended by Drdutance ;Yumber
I85 i lCCB) on July 23, 1996, and con-
taina the same provisions The Qrdinance
amends Municipal Code Section
9 04 10 16 010 to allow the demolition of
red- and yellow-tagged budduigs damaged
by the January 17, 1994 \orthridge
Earthquake and its aftershocks withouE
the need for a replacement project permit
The Ordinance also reorganizes Municipal
Code Section 9 04 IO 16 410 to clan#'y the
existing procedures for the demolition oi'
buildings
Qrdinance Jiumber 1865 (GCS) was
adopted on October 8, 1996, and shall
become effective 34 days from its adop-
hon.
I, Maas M Stewart, City Clerk, do
hereby certify that Ordinance Number
1865 fCC51 had its first reading an Sep-
tember 24, 1996, and had its second read-
ing on October 8, 1996, and was pssaed
by the following vote
Ayes Council members Abdo,
Ebner, Genser, Greenberg, Hol
brook, O'Connor, Rosenstein
Noes Council members
Abstain Council members
Absent Councl members
~5,~1gARIA M STEVJART
City Clerk
The full text. of the shoes Ordinance i=
available upon request. fmm the office of
the City Clerk, located at 1685 Main
Street, Room 102. Santa Monica Phone
(314i 458-8211
Pub October 12, 1996
1924 Colorado Ave
Santa Monica. Califorrna 94404
{310)829-6811
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L.ViNfii ANGELES