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SR-052896-8CPCD:SF:PC f:\plan\admin\ccreport\demoord COUNCIL MEETING: May 2$, 1996 TO: Mayor and City Council FROM: City Staff .~ • { ~{~ .~ ~ ~ Santa Monica, Califc~~~ 8 ~~n SUBJECT: Recommendation to Introduce far First Reading an Interim Ordnance, and Adopt a Resolution of Intention to Amend the Santa Monica Zoning Ordinance, to Allow for the Demolition of Red or Yellow Tagged Earthquake Damaged Structures Without a Replacement Plan INTRODUCTION This staff report recommends that the City Council take the following two actions in order to minimize the number of vacant buildings that have a potential impact upon public safety: 1) Introduce for first reading the attached interim Ordinance to allow for the demolition of earthquake damaged structures that are red or yellow tagged w.~thout the need far a replacement plan (attachment A); and 2) Adopt the attached Resolution of Intention directing the Planning Commission to initiate the Zoning Ordinance Amendment process to make these standards permanent (attachment B). BACKGROUND On February 20, 1995 the City Council directed staff to analyze the City's demolition procedures, ordinances, and NAB process with respect to vacant buildings. A concern was raised that vacant buildings create a threat to public safety and perhaps the demolition ordinance or NAB process should be modified to better address this situation. 1 AY X96 ,~-~.~'! ~ ~ The City's present demolition law (Municipal Cade section 9.04.10,16 Demolitions) provides that no demolition of buildings and structures shall be permitted except when all of the following conditions have been met: o A removal permit has been granted by the Rent Control Board, if required, o For residential buildings, the final permit to commence construction an a replacement project has been issued, or the Director of Planning and the Building Official have determined that the structure is a public nuisance (single family dwelling units located in the R-1 District ar in any commercial or industrial district, and not subject to rent control, are exempt from this requirement). a A property maintenance plan has been approved. o Subsequent development is in conformance with the General Plan and all applicable regulations. In addition, there are provisions that structures older than 50 years require landmarks approval before demolition can commence. At the March 26, 1996 City Council meeting, staff presented an analysis of existing conditions with respect to vacant buildings in the City, which showed that there are a total of 62 vacant buildings in the City. The owners of 24 of the 62 vacant buildings have undertaken some activity indicating that their buildings will be repaired or replaced. These activities including pulling planning permits, applying far Multifamily Earthquake Recovery Loans (MERE), or submitting requests far increases in controlled rents. As to the other 38 buildings, no such activity has 2 occurred. (Twenty-two of these are earthquake damaged; 16 are not.) As outlined in the attached March 26, 1996 staff report (attachment C), in a majority of cases the vacancy of buildings is attributable to damage caused by the Northridge Earthquake, and Nuisance abatement procedures have been undertaken with respect to a significant number of vacant buildings, which procedures appear to have been effective. At that meeting the Council directed the City Attorney's office to draft an ordinance amending the Zoning Ordinance's demolition 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, while retaining the requirement of Landmark Commission approval for demolition of buildings more than 50 years old. The proposed interim ordinance and Resolution of Intention would implement that direction by removing the requirement for a replacement plan for structures damaged by the Northridge Earthquake and its aftershocks. BUDGET/FINANCIAL IMPACT The recommendation in this report will not have a budget or fiscal impact to the City. This staff report recommends adoption of an 3 interim ordinance and notice of intention to amend the Zoning Ordinance that address the demolition of vacant buildings that were damaged by the Northridge Earthquake and its aftershocks and therefore will not have a budget or fiscal impact to the City. RECOMMENDATION It is recommended that the City Council take the following actions: o Introduce for first reading an interim Ordinance to allow for the demolition of earthquake damaged structures without the need for a replacement plan o Adopt the attached Resolution of Intention directing the Planning Commission to initiate the Zoning Ordinance Amendment process. Prepared by: Suzanne Frick, Director Paul Casey, Assistant to the Director Planning and Community Development Department Attachments: A: Interim Ordinance to allow for the demolition of earthquake damaged structures without the need for a replacement plan. B: Resolution of Intention directing the Planning Commission to initiate an amendment to the Zoning Ordinance to allow far the demolition of earthquake damaged structures without the need for a replacement plan. C: March 26, 1996 Staff Report on Demolition Procedures far Earthquake-Damaged, Vacant Buildings and Structures. 4 ATTACHMENT A