SR-061196-8B
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city council Meeting 6-11-96
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Santa Monica, c{~~fbtn!w~
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance Allowing Demolition of Earthquake Damaged
structures Without A Replacement Plan on An Interim
Basis
At its meeting on May 28, 1996, the city council introduced for
first reading an ordinance allowing demolition of earthquake damaged
structures without a replacement plan on an interim basis. 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 Jones Moutrie, City Attorney
JUN 1 11996
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CA:f:\atty\muni\laws\mhs\demoint
city Council Meeting 6-11-96
Santa Monica, California
ORDINANCE NUMBER 1853 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ALLOWING DEMOLITION OF EARTHQUAKE
DAMAGED STRUCTURES WITHOUT A REPLACEMENT PLAN
ON AN INTERIM BASIS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. 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 subject of Nuisance Abatement Board
proceedings principally directed at ensuring that the structures
are adequately boarded, secured, and fenced.
(c) These damaged unoccupied structures are a potential
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public health, safety and welfare hazard. It is often 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 illegal
activities such as drug use.
(d) For these reasons, it is in the pUblic's interest to
ensure that these unoccupied damaged structures are quickly
repaired or reconstructed, and returned to use, or demolished.
(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 welfare 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 amending the Zoning Ordinance I s demolition
permit procedures so that unoccupied structures which have been red
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or yellow tagged as a result of the Northridge earthquake and its
aftershocks may be demolished without the requirement of a
Replacement Proj ect permi t (the II Zoning Ordinance Amendment It) .
Concurrently with the adoption of this Interim Ordinance, the City
Council will be adopting a Resolution of Intention directing the
Planning Commission to initiate the Zoning Ordinance Amendment
process. 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, safety, or welfare as a
resul t 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 adopt this 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
demolition permits for vacant red and yellow tagged structures
would result in a threat to public health, safety or welfare.
SECTION 2. Interim Zoninq. Notwithstanding the requirements
of Santa Monica Municipal Code Section S.04.10.16.010(a)(2), the
issuance of a final permit to commence construction for a
replacement proj ect shall not be required as a condition of
issuance of a demolition permit for any building or structure which
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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 affect 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 forty-five days from its adoption, unless extended in the
manner required by law.
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.
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 ci ty 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
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unconstitutional.
SECTION 6.
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 s1J1'l!llary hereof, 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:
ilrJ)A..Y-A Q {/liL '\ lrn-LlU/L0
MARSHA JONES MOUTRIE
City Attorney
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Mayor
State of CalIfornia )
County of Los Angeles) ss
CIty of Santa Momca )
1.. Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certIfy that the foregomg
Ordmance No 1853 (CCS) had Its fIrst readmg on May 28, 1996 and had Its second readmg on
June 11, 1996 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Genser. Greenberg, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
Councll members
None
Absent
CouncIl members'
Ebner
\.,
ArrEST
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