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SR-8-C (49) .. g-~ CA:F:\MUNI\LAWS\JL\RECON2.0RD City council Meeting 1-18-94 Santa Monica, California ORDINANCE NUMBER 1719(CCS) (City council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PROCEDURES FOR THE RESTORATION OR DEMOLITION OF EARTHQUAKE DAMAGED STRUCTURES 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. Findinqs. The City Council finds and declares: (a) Numerous buildings and other structures in the City of Santa Monica experienced substantial damage due to the January 17, 1994 Northridge earthquake. (b) In order to facilitate the prompt repair of earthquake damaged buildings and structures, it is necessary to establish standards that WI-II permit the prompt repair of such buildings and structures w1thout requiring compliance with all current zoning standards. (c) In order to allow the demolition of structures that have been damaged to such an extent that the City Building Officer has determined that demol1tion is required due to the immediate threat the existence of such buildings pose to the public health, 1 . safety and welfare, it is necessary to establish procedures for the demolition of such structures. Cd) Protection of the public health, safety and welfare of the citizens requires the immediate modification of existing City ordinances to ensure the timely completion of emergency repairs or demolition. SECTION 2. Renairs. Any building or other structure in the City 25,000 square feet or less that has been substantially damaged or destroyed due to the earthquake occurring on January 17, 1994 or its aftershocks, may be repaired without conforming to current zoning code requirements, if the building is repaired to its original square footage, site orientation, height and setbacks as existed at the time of the damage, and if the building or structure retains the same use, and if a residential building, the same number of units, as existed at the time of the damage. Such buildings shall be subject to the review of the Architectural Review Board ("ARB"), if the building would otherwise be subject to ARB review. The ARB, in its review, shall make such projects a priority and shall limit its review to the consideration of neighborhood integrity and compatibility and whether the project is expressive of good design contributions to the image of the city of Santa Monica. SECTION 3. Any building or other structure in the City greater than 25,000 square feet that has been subsequently damaged 2 .. due to the earthquake occurring on January 17, 1994 or its aftershocks, may be repaired without conforming to all current zoning requirements, and upon a determination by the Planning commission and Architectural Review Board that such repair is in the public interest and compatible with the city's land use goals, and only if the building is repaired to its original square footage, site orientation, height and setbacks as existed at the time of the damage, if the building or structure retains the same use, and if a residential building, the same number of units, as existed at the time of damage. SECTION 4. Demolition. Any building in the City that has been inspected by City bu~lding inspectors and posted with a no entry or limited entry notice shall be subject to the following demolition permit procedures: (a) The building owner must submit to the City for rev~ew a structural analysis of the building prepared by a licensed structural engineer. (b) Based upon all available information, including a structural analysis, the City's Building and Safety Division, Planning and Zoning Division and Director of Land Use and Transportation Management shall make a determination on whether the building may be demolished. This determination shall consider, but is not limited to, the extent of damage to the structure, whether the structure presents an imminent threat to the public health, 3 .. safety and welfare, the historical significance and the cost of repairing or rehabilitating the structure. SECTION s. Nothing ln this Ordinance shall eliminate the applicability of Article 18 of the Santa Monica city Charter to any property currently constructed with controlled rental units on the property which are subsequently demolished pursuant to this Ordinance. SECTION 6. This Ordinance shall be of no further force and effect 45 days from adoption, unless extended in the manner required by law. SECTION 7. The City council finds pursuant to City Charter Section 615 that a state of local emergency exists within the city of Santa Monica as a result of the earthquake which occurred on January 17, 1994. In order to facilitate the prompt repair of earthquake damaged buildings or structures, lt is necessary to exempt such buildings and structures from compliance with certain current building or zoning codes. SECTION 8. 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 peace, health and safety, and the urgency for its adoption is set forth in the findings above. 4 .. SECTION 9. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent w1th 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 10. 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 Ord1nance. 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. SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~~'--- /,!O~fPH\LAWRENCE \~ng City Attorney 5 .. Adopted and approved tlus 18th day of January. 1994 /\ .. ~/\ Mayor1\.../ I hereby cemfy that the foregomg Ordinance No 1719 (CCS) was duly and regularly mtroduced at a meetmg of the City CouncIl on the 18th day of January, 1994. that the saId Ordmance was thereafter duly adopted at a meeting of the City CouncIl on the 18th day of January. 1994 by the followmg CouncIl vote' Ayes CouncIlmembers' Abdo. Genser, Greenberg, Holbrook. Olsen, Rosenstem, Vazquez Noes Councllmernbers None Abstain: CouncIlmembers None Absent Councllmembers None ATTEST. ~~~L/ fJ,~ CIty Clerk /' 2-& CA:F:\MUNI\LAWS\JL\QUAKEFEE.ORD city council Meeting 1-18-94 Santa Monica, California ORDINANCE NUMBER 1720(CCS) (City council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DIRECTING THE CITY MANAGER TO WAIVE ALL CITY PERMIT PROCESSING FEES RELATED TO REPAIR AND RECONSTRUCTION OF EARTHQUAKE DAMAGED BUILDINGS AND OTHER STRUCTURES AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, numerous buildings and other structures in the City of Santa Monica were substantially damaged due to earthquakes occurring on and after January 17, 1994; WHEREAS, in order to facilitate the speedy and orderly repair and reconstruction of these earthquake damaged structures in the city the City Council of the city of Santa Monica finds that it is necessary and appropr1ate to wa1ve all perm1t processing fees as are required to be paid to the city. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council authorizes the City Manager or his or her designee to waive or to forego the requirement of the payment of any permit processing fees or such other applicable fees 1 ~ which may otherwise be necessary for the repair and reconstruction of earthquake damaged buildings or structures, as the city Manager in his or her sole discretion deems appropriate to facilitate the speedy repair or reconstruction of any building or other structure damaged by the January 17, 1994 earthquake or its aftershocks. SECTION 2. The City council finds pursuant to city Charter Section 615 that a state of local emergency exists within the City of Santa Monica as a result of severe earthquake damages and that if significantly damaged buildings and other structures are not promptly repaired the public health, safety and welfare of the residents of the City of Santa Monica will be threatened. SECTION 3. 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 peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 4. 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. 2 .. SECTION 5. 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. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. effective upon adoption. This ordinance shall become APPROVED AS TO FORM: k~~ (~OlEP~ LAW~NCE ~ing city Attorney 3 .. Adopted and approved thIS 18th day of January, 1994 C). jjA} Mayd;" I hereby certIfy that the foregomg Ordmance No 1720 (CCS) was duly and regularly mtroduced at a meetmg of the CIty CouncIl on the 18th day of J annary. 1994. that the saId Ordmance was thereafter duly adopted at a meetmg of the CIty CouncIl on the 18th day of January. 1994 by the followmg CouncIl vote: Ayes' CouncIlmembers Abdo. Genser. Greenberg, Holbrook, Olsen. Rosenstem, Vazquez Noes. CouncIlmembers None Abstam CouncIlmembers. None Absent CouncIlmembers None ATTEST ~M-Jr1n~ ....-- - / CIty Clerk