sr-110811-7d10
City of City Council Report
Santa Monies°
City Council Meeting: November 8, 2011
Agenda Item: 7 -0
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Scott Ferguson, Fire Chief
Subject: Expand the Building and Safety Commission to Include Accessibility
Appeals Review Board and Newly Formed Fire Appeals Board
Recommended Action
Staff recommends that the City Council:
• Introduce for first reading. the attached ordinance amending Sections 4.36.100,
8.08.040, 8.08.070, 8.48.060, 8.48.070, 8.60.070, 8.64.070, 8.72.070, 8.76.070,
8.80.070, 9.04.18.020 of the Santa Monica Municipal Code to expand the
Building and Safety Commission by integrating the Accessibility Appeals Board
and to include an appeals process for Fire Safety appeals.
Executive Summary
At the January 26, 2010 City Council meeting, Council directed staff to analyze options
for integrating the Accessibility Appeals Board with an appropriate Board or
Commission due to the difficulty in filling Board vacancies. Subsequently, staff .
examined options that included mandates from State legislative bills that created
specialized expertise in accessibility. Staff also found the need to have a Board that will
hear appeals for Fire Safety issues. This Ordinance also provides for updates to
Section 8.08.070 of the Santa Monica Municipal Code where language from the current
State Building Code is coordinated with existing Municipal Code language. The
recommended actions do not have any budgetary or fiscal impact.
Background
The Santa Monica Municipal Code provides for the creation of certain Boards of
Appeals and Commissions to assist the City in providing reasonable interpretations of
provisions in the Municipal Code and to determine the suitability of alternatives to those
requirements. Members of the Boards of Appeals and Commissions consist of persons
who are qualified by experience and training to analyze building construction issues and
the technical disciplines included in that process.
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The Building and Safety Commission is a five - member Commission composed of one
Registered Architect, one Licensed Engineer, one Licensed Contractor, and two
members of the public, all of whom have knowledge and experience in design,
construction and building code issues. The Building and Safety Commission conducts
hearings on policy and technical issues involving specific provisions of construction
codes and ordinances of the Santa Monica Municipal Code. The Commission meets on
an as- needed basis to hear appeals to code interpretations and enforcement actions of
the Building Officer and in an advisory capacity to review updates to construction codes
with recommendations appropriate to the City's building, fire, seismic, health and other
public safety programs. All seats of this five - member Commission are currently filled.
The Accessibility Appeals Board consists of a minimum of two persons- with - disabilities
members in addition to two professional members and one public member from the
Building and Safety Commission. The Accessibility Appeals Board hears appeals of
interpretation of accessibility code standards, equivalent facilitation and hardship
exemptions for accessibility requirements of the Santa Monica Building Code and the
State Historical Building Code.
At the January 26, 2010 Council meeting, it was discussed that the Accessibility
Commission has had difficulty in filling its member Board. Council directed staff to
explore options to integrate this Board with an appropriate Board or Commission. In
conjunction with staff's analysis to find appropriate integration of this Board, it was
discovered that the Municipal Code does not have the measures for a Fire Appeals
Board to hear Fire Safety issues. Where building and safety, accessibility and fire
safety functions are closely related in building and construction, occupancy and safety,
the integration of all three functions into one Commission would create a
comprehensive and consistent entity for public appeals.
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Discussion
The State Building and Fire Codes contain standards and measures for building and fire
safety and requirements for access compliance for persons with disabilities. On
occasion, code interpretations by the Building Officer or the Fire Marshal are challenged
by contractors and design professionals. The method of due process to hear such
challenges of an architectural or structural nature are through the appeal process of the
Building and Safety Commission. In like manner, appeals of access compliance
matters are set to be heard by the Accessibility Appeals Board. However, all matters of
fire safety appeals are currently presented directly to the Fire Marshal in the absence of
a Fire Appeals Board.
By expanding the current five - member Building and Safety Commission to a seven -
member Commission, the two additional members would ideally have specialized
expertise in access compliance and fire safety. This Ordinance would allow expansion
of the Commission to hear matters of Building, Accessibility and Fire Safety issues as
well as updates to the Building and Fire Codes. The Santa Monica City Charter
provides for appointment of Board and Commission members with specified length of
term. All current Commission members and proposed Commission members serve on
a voluntary basis in service to the City and the Community.
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Financial Impacts & Budget Actions
The recommendations presented in this report do not have any budgetary or fiscal
impact.
Prepared by: Ron Takiguchi, Building Officer
roved:
1®z, . Y L �
David Martin, Director
Planning and Community Development
unier
Fire Department
Attachment:
A. Proposed Ordinance
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Forwarded to Council:
Rod Gould
City Manager
Council Meeting 11 -08 -2011
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council. Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ARTICLES IV, VIII AND IX OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO ALLOCATION OF RESPONSIBILITIES TO THE BUILDING & FIRE
LIFE SAFETY COMMISSION
WHEREAS, the City of Santa Monica is known for its highly participatory local
democracy and with citizen serving on numerous City boards and commissions; and
WHEREAS, maximizing public participation in government effectuates
fundamental principles of democracy; and
WHEREAS, the residents of Santa Monica have a strong commitment to
participating in their local government; and
WHEREAS, the City's numerous boards and commissions facilitate public
participation in government and thereby ensure representation of diverse viewpoints
and interest; and
WHEREAS, City boards and commissions serve the critical roles of advising the
City Council on important policy issues and reviewing certain staff decisions, as
authorized by the Council, in certain technical areas where the board or commission
has particular expertise; and
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WHEREAS, expanding the responsibilities of the Building and Safety
Commission to include duties now discharged by individual hearing officers will enhance
the City's already robust public process; and
WHEREAS, California State law requires each local authority to establish one or
more board of appeals to review decisions made by the Building Officer and the Fire
Marshall; and
WHEREAS, the City's Building and Safety Commission has ably served as the
City's review body for most decisions made by the Building Officer; and
WHEREAS, expanding the Commission's membership and scope of authority will
satisfy state law requirements; and
WHEREAS, assigning responsibility for nuisance hearings to the Commission will
increase transparency of that process, encourage public participation, and enhance
public confidence in the City's decision making process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 4.36.100 of the Santa Monica Municipal Code is hereby
amended as follows:
order.
4.36.100 Temporary relocation mandated by code compliance or by government
(a) If a landlord is required to temporarily recover possession of a rental
housing unit in order to comply with housing, health, building, or safety laws of the State
of California or the City of Santa Monica, or if a tenant is required to vacate a unit upon
the order of any government officer or agency, the landlord shall provide relocation
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benefits to the displaced tenant. These relocation benefits shall include both temporary
housing as provided in subsection (b) of this Section and moving costs as provided in
subsection (c) of this Section. In the event that the tenancy of such person is
subsequently terminated for one of the reasons set forth in Section 4.36.020, the
landlord shall pay the relocation fee required by Sections 4.36.040 and 4.36.050 and
the landlord shall have no further obligation for temporary accommodations under this
Section.
(b) The type of temporary housing, required by this Section is dependent on
the duration of the tenant's displacement. When the Building Officer or landlord
determines the need for a tenant to vacate, he or she shall estimate the projected
duration of the vacancy. That estimate will determine whether subdivision (1) or
subdivision (2) of this subsection (b) must be followed. If the Building Officer orders
relocation, he or she shall provide notice to the landlord and all affected tenants of the
relocation requirements and responsibilities pursuant to this Section. This notice may
include a copy of this Section and the City Council's resolution regarding per diem rates.
If the landlord determines that relocation is necessary, he or she shall provide notice of
the estimated relocation period to all affected tenants. If the landlord determines the
need for a tenant to vacate, the landlord shall provide notice to the tenant of the
relocation requirements and responsibilities established by this Section.
(1) If a tenant will be displaced for a period less than thirty days, the landlord
shall pay the tenant relocation costs in the per diem amounts set by the City Council
pursuant to subsection (d). These shall include compensation for:
C]
(A) Temporary relocation to a motel or hotel accommodation which is safe,
sanitary, located in Santa Monica, and contains standard amenities such as a
telephone;
(B) Meals, if the temporary accommodation lacks cooking facilities;
(C) Laundry, if the rental property included laundry facilities; and
(D) Accommodations for lawful pets if the temporary accommodation does
not accept pets.
The landlord shall have the option, in lieu of providing tenant relocation costs
in accordance with this subdivision (1), of providing the tenant with comparable housing
pursuant to subdivision (2) for the period of the displacement. The tenant shall remain
responsible to pay to the landlord rent which falls due for the tenant's existing unit
during the period of displacement.
(2) If the displacement will be for a period of thirty days or greater, the
temporary housing shall be rental housing. The rental housing shall be comparable to
the tenant's existing housing in location, size, number of bedrooms, accessibility, type
and quality of construction, proximity to services and institutions upon which the
displaced tenant depends, and amenities, including the allowance for pets should the
tenant have pets. The landlord shall pay all costs associated with the temporary
housing, including rent, even if the temporary housing is more expensive than the
tenant's existing unit. The tenant shall remain responsible to pay rent to the landlord for
the tenant's existing unit during the period of displacement.
(3) The relocation benefits required by this Section shall be paid within ten
days after the date that any order or notice to vacate is first served by the Building
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Officer or by the owner, or at least twenty days prior to the vacation date set forth in any
order or notice to vacate, whichever is later. In the case of orders or notices by the
Building Officer, if there are fewer than ten days between the serving of the order or
notice to vacate and the vacation date, the relocation benefits shall be paid to the tenant
within twenty -four hours after such service of the notice.
(4) If the actual relocation period becomes longer than a landlord has paid
for, or than projected by the landlord or the Building Officer, the landlord must promptly
pay the tenant the amount owed and remain current on such payments. If a tenant's
actual vacancy period is shorter than the period the landlord has paid for, the tenant
must repay any overpaid amount to the landlord within thirty (30) days of receiving
written notice from the landlord of the overpayment.
(5) The landlord and the tenant may mutually agree upon a housing type
other than the temporary housing required by this subsection (b).
(c) Moving costs shall consist of all actual reasonable costs of moving,
including transportation of personal property, packing and unpacking, insurance of
personal property while in transit, compensation for any damage occurring during
moving, storage of personal property, disconnection and reconnection of utility services
and any other additional costs attributable to a tenant's special needs, including needs
resulting from disability or age.
(d) The City Council shall periodically establish by resolution reasonable per
diem rates for the following items of temporary relocation expenses required under this
Section. These rates shall be adjusted annually for inflation by the percentage change
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in the Consumer Price Index ( "CPI ") commencing on July 1, 2007 and on July 1st of
each year thereafter.
(1) Hotel accommodations;
(2) Meal allowance;
(3) Laundry allowance;
(4) Pet accommodations.
(e) The displacement and relocation of a tenant pursuant to this Section shall
not terminate the tenancy of the displaced tenant. The displaced tenant shall have the
right to reoccupy his or her unit upon the completion of the work necessary for the unit
to comply with housing, health, building or safety laws or any governmental order and
the tenant shall retain all rights of tenancy that existed prior to the displacement.
(f) A landlord or tenant who disputes a notice or order regarding temporary
relocation benefits may request a hearing before the Q, ild'Rg and Safety
Comm'ssionBuilding and Fire Life Safety Commission. Any such hearing request shall
be filed with the Building Officer within forty -eight hours of the notice or order on a form
provided by the Building Officer.
Section 2. Section 8.08.040 of the Santa Monica Municipal Code is hereby
amended as follows:
(a) General.
Pursuant to this Chapter, and- Section 1002 of the Santa Monica City Charter
California Building Code and the California Fire Code, there Building and Fire Life
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Safety Commission is are — hereby created f
the ^'n �lewn, s the Boards of Appeal:
Members of the Commission shall be appointed by the City
Council to serve a term of four years unless removed for cause. No Commission Board
member shall hold any paid office with the City.
Sa The Commission shall adopt reasonable rules and
regulations for conducting investigations and business and shall render all decisions
and findings in writing to the responsible official and appellants. Said Commission
Soardsmay also recommend to the appointing authority such new legislation as is
consistent therewith.
The Building Officer or the Fire Marshall or Ws�their designee shall be
an ex- officio member of each -suG" —the Commission wand shall act as
t n?rtrrs�; r_ �: r. TS�r ss�ar_ Tr. �: nar a' resrr. � :r_�r_�^�res�s�:�e�mrirrri:as_�
Qn miq,;monBuilding and Fire Life Safety Commission shall be composed of five -seven
qualified members. To the extent practicable as determined by the City Council, the
Commission's membership shall be composed as follows: at least one State of
California licensed or registered architect, one State of rarfernia registered, civil
engineer or structural engineer-, g neer; one State of California licensed building
contractor, one State of California Certified Access Specialist; and one State of
California Registered Fire Protection Engineer and two ^„"';^ members,
I/I
(c) Jurisdiction. The jurisdiction of this Beard Commission shall be limited to
hearing appeals of orders deoisieR6 er determinations decisions and orders, including
stop work suspension or revocation orders, made issued by the Building Offinial- Officer
or the Fire Marshall relative to the application and interpretations of the Technical
Codes.
Notwithstanding Section 1.10.050 of this Code, the Commission shall also have
jurisdiction to act as the Hearing Examiner under Section 1. 10.050 and preside over the
hearing of any compliance order case that predominately involves a public nuisance
created as a result of a violation of this Article. The Commission may adopt rules to
facilitate the processing of such cases. If a case is rejected on jurisdictional grounds bV
the Commission then a Hearing Examiner shall be appointed pursuant to Section
1. 10.050 of this Code.
Unless otherwise specified above, Tthe Beard — Commission shall have no
jurisdiction over any matter reserved for any other board or commission established by
City Charter or this Code, any citations or orders issued pursuant to Chapters 1.09 or
1.10 of this Code, or any abatement proceedings initiated under Chapters 8.84, 8.88
8.92 or 8.96 of Article VIII of this Code or their successors.
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on
membeFs experieRGed construction
Building Safety GGmmi66ien.
and 6,-.e
and
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—(d) Timing of Appeals of Stop Work, Suspension or Revocation Orders. Any
step wG Fk suss Sono. .n.:: �r ....r�..^.... ±:.�.n order iss-ued by the Building Officer may h
Any such appeal of a -stop work,
suspension or revocation order issued by the Buildina Officer or the Fire Marshall shall
be filed with the Building Officer within threes business days after the issuance of the
order. Enforcement of the suspension or revocation order is stayed pending resolution
of the administrative appeal unless immediate enforcement of the order is mandated
because:
(1) Continuation of the work presents an actual or potential danger to
construction workers, occupants of adjacent structures, adjacent public infrastructure, or
members of the public,
(2) Continuation of the work would be in violation of Santa Monica Building
Code Section 108.1 or 108.4, or
(3) Continuation of the work would constitute a nuisance, or
(4) No permit has been issued for the work.
When any of these factors are present, any person ordered to stop work shall
comply with such order forthwith. If the suspension or revocation order is stayed
pending appeal, any materials installed or constructed after issuance of the order may
E
be required to be removed should the Building Officer or Building and Safety
C issiopBuilding and Fire Life Safety Commission affirm the order.
(e) Timing of Other Appeals. Unless otherwise specified by this Code, any
appeal to the Building and Fire Life Safety Commission shall be filed within ten (10)
business days after the issuance of the underlying decision by the Building Officer or
the Fire Marshall.
(f) Judicial Review. Any person aggrieved by any decision of the Building
and Fire Life Safety Commission may seek judicial review of the decision.
Section 3. Section 8.08.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.08.070 Permit issuance, extension and renewal.
(a) Issuance. If the Building Officer finds that the work described in an
application for a permit and submittal documents conforms to the requirements of the
technical codes and other pertinent laws and ordinances, and that the applicant has
paid all required fees, the Building Officer shall issue a permit for the work to the
applicant. When a permit is issued for which plans are required, the Building
Offiserconstruction documents shall endorse be approved in writing or by stamp -the
�l\@ iE7�rii�rWN
No building permit or demolition permit shall be issued by the City for any
development that requires a coastal development permit under the California Coastal
Act of 1976, Public Resources Code Sections 30000 et seq., until such time as a
coastal development permit has been issued for such development.
im
(b) Partial Permit. The Building Officer may issue a permit for the construction of
part of a building, structure or building service equipment before the entire plans and
specifications for the whole building, structure or building service equipment have been
submitted or approved, provided adequate information and detailed statements have
been filed complying with all pertinent requirements. The holder of a partial permit shall
proceed without assurance that the permit for the entire building, structure or building
service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires by
limitation and becomes null and void when any of the following circumstances is
applicable:.
(1) Failure to Start Construction. If the building or work authorized by such
permit is not started within one hundred eighty days from the date of permit issuance;
(2) Cessation of Work. If the building or work authorized is suspended or
abandoned at any time after the work has started, for a period of one hundred eighty
days or more;
(3) Time to Complete. In addition to subsections (1) and (2) above, every
permit issued under the provisions of this Chapter expires by limitation and becomes
null and void when the time allowed to complete all work authorized by the permit
exceeds the following time periods based on valuation:
Valuation Time Allowed
Under $300,000 12 months
$300,001 to $1,000,000 24 months
$1,000,001 to $20,000,000 36 months
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Over $20,000,000 48 months
When a project is divided into separate permits for the convenience of the owner
or tenants and the work on such permits is to be done concurrently, the time allowed to
complete all work on each separate permit shall be equal to the time period for the total
valuation of the separate permits.
(d) Extensions.
(1) Extensions of time from the stated periods in subsection (c) above may
be permitted for good reason, provided such requests are submitted to the Building
Officer in writing prior to permit expiration. The written request must demonstrate that:
(A) Due to circumstances beyond the owner's or permittee's control,
construction could not be commenced, continued or completed in the authorized time
period;
(B) If construction has started, substantial progress has been made;
(C) The condition of the property presents no health or safety hazard; and
(D) The continued delay will not create any unreasonable aesthetic impact to
the neighborhood or substantial economic detriment to neighboring property owners.
(2) The time periods set forth to start construction within one hundred eighty
days or resume construction after cessation of work for one hundred eighty days may
each be extended no more than once, and the time period set forth to complete
construction may be extended no more than three times. Each extension of time shall
not exceed one hundred eighty days.
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(e) Extension Request Appeals. The decision of the Building Officer may be
appealed to the Director of Planning and Community Development, who shall conduct a
de novo review. Any such appeal shall be filed in writing within seven days of the
decision of the Building Officer. The decision of the Director of Planning and Community
Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be
recommenced, the permit holder shall file an application for renewal. Such application
shall include all original submittal documents and shall identify any changes that have
been made or will be made in the original plans and specifications for such work.
If the Building Officer finds that the work remaining to be completed under the
permit conforms to the requirements of the Technical Codes and other pertinent laws
and ordinances, and that the applicant has paid all required fees, the Building Officer
shall renew the permit for the work to the applicant. No work shall recommence until the
renewal application and submittal documents are approved.
Section 4. Section 8.48.060 of the Santa Monica Municipal Code is hereby
amended as follows:
8.48.060 Appeals.
In order to prevent or lessen the unnecessary hardship or practical difficulties
in exceptional cases where it is difficult or impossible to comply with the strict letter of
this Chapter, the owner or his or her designated agent shall have the option to apply for
an exemption from any provision of this Chapter to the Building and Safety
Commiss +eriBuilding and Fire Life Safety Commission, who shall exercise its powers on
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these matters in such a way that the public welfare is secured, and substantial justice
done most nearly in accord with the intent and purpose of this Chapter.
Section 5. Section 8.48.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.48.070 Alternate materials and methods of construction.
The provisions of this Chapter are not intended to prevent the use of any material
or method of construction not specifically prescribed by this Chapter provided any such
alternate has been approved by the Building Officer nor is it the intention of this Chapter
to exclude any sound method of structural design or analysis not specifically provided
for in this Chapter. Materials and methods of construction or structural design limitations
provided for in this Chapter are to be used unless the Building Officer grants an
exception.
The Building Officer, or the Building and Safety Comm ission Building and Fire
Life Safety Commission on appeal, may approve any such alternate provided they find
the proposed design to be satisfactory and the material and method of work is, for the
purpose intended, at least equivalent to that prescribed in this Chapter in quality,
strength, effectiveness, burglary, resistance, durability and safety
Section 6. Section 8.60.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.60.070 Administration.
(a) Building Classification. The Building Officer shall determine the occupant
load and classification of building type. The occupant load shall be determined in
14
accordance with the Building Code and shall include the entire building plus the
occupant load of any adjacent building that interconnects with the subject building or
uses the subject building for exiting purposes.
(b) Contents of Order. When the Building Officer determines that a building
is within the scope of this Chapter, the Building Officer shall issue an order as provided
herein.
The order shall specify that the building has been determined by the Building
Officer to be within the scope of this Chapter and, therefore, is required to meet the
seismic strengthening provisions of this Chapter. The order shall specify the Building
Type classification and shall set forth the owner's alternatives and time limits for
compliance.
(c) Service of Order. The order shall be in writing and may be given either by
personal delivery thereof to the owner or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner as shown on the last equalized
assessment roll. Service by mail shall be deemed to have been completed at the time of
deposit in the U.S. mail. The failure of any owner to receive such notice shall not affect
in any manner the validity of any of the proceedings taken thereunder. Proof of giving
notice may be made by an affidavit of any employee of the City which shows service in
conformity with this Section. Building and Safety CommissienBuilding and Fire Life
Safety Commission action, Nuisance Abatement Board action, Building Officer
administrative action, other correspondence between the City and the building owner or
building owner's representative, or other evidence of knowledge of notification shall also
be deemed as proof of giving notice.
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(d) Recordation. At the time that the Building Officer serves the
aforementioned order, the Building Officer shall file with the Office of the County
Recorder a certificate stating that the subject building is within the scope of this
Chapter. The certificate shall also state that the building owner thereof has been
ordered to structurally analyze the building and to structurally alter it if the Building
Officer determines the building is not in compliance with this Chapter.
If the building is either demolished, found not to be within the scope of this
Chapter, or is structurally capable of resisting minimum seismic forces required by this
Chapter as a result of structural alterations or an analysis, the Building Officer shall file
with the Office of the County Recorder, a certificate terminating the status of the subject
building as being classified within the scope of this Chapter.
Section 6. Section 8.64.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.64.070 Administration.
(a) Building Classification. The Building Officer shall determine the occupant
load and classification of building type. The occupant load shall be determined in
accordance with the Building Code and shall include the entire building plus the
occupant load of any adjacent building that interconnects with the subject building or
uses the subject building for exiting purposes.
(b) Contents of Order. When the Building Officer determines that a building is
within the scope of this Chapter, the Building Officer shall issue an order as provided
herein.
IN
The order shall specify that the building has been determined by the Building
Officer to be within the scope of this Chapter and, therefore, is required to meet the
seismic strengthening provisions of this Chapter. The order shall specify the Building
Type classification shall set forth the owner's alternatives and time limits for compliance.
(c) Service of Order. The order shall be in writing and may be given either by
personal delivery thereof to the owner or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner. as shown on the last equalized
assessment roll. Service by mail shall be deemed to have been completed at the time of
deposit in the U.S. mail. The failure of any owner to receive such notice shall not affect
in any manner the validity of any of the proceedings taken thereunder. Proof of giving
notice may be made by an affidavit of any employee of the City which shows service in
conformity with this Section. Building and Safety ' ^^ ^ ; ° °;^ ^Building and Fire Life
Safety Commission action, Nuisance Abatement Board action, Building Officer
administrative action, other correspondence between the City and the building owner or
building owner's representative, or other evidence of knowledge of notification shall also
be deemed as proof of giving notice.
(d) Recordation. At the time the Building Officer serves the aforementioned
order, the Building Officer shall file with the Office of the County Recorder a certificate
stating that the subject building is within the scope of this Chapter. The certificate shall
also state that the owner thereof has been ordered to structurally analyze the building
and to structurally alter it when the Building Officer determines the building is not in
compliance with this Chapter.
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If the building is either demolished, found not to be within the scope of this
Chapter, or is structurally capable of resisting minimum seismic forces required by this
Chapter as a result of structural alterations or an analysis, the Building Officer shall file
with the Office of the County Recorder a certificate terminating the status of the subject
building as being classified within the scope of this Chapter
Section 7. Section 8.72.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.72.070 Administration.
(a) Building Classification. The Building Officer shall determine the occupant
load and classification of building type. The occupant load shall be determined in
accordance with the Building Code and shall include the entire building plus the
occupant load of any adjacent building that interconnects with the subject building or
uses the subject building for exiting purposes.
(b) Contents of Order. When the Building Officer determines that a building is
within the scope of this Chapter, the Building Officer shall issue an order as provided
herein.
The order shall specify that the building has been determined by the Building
Officer to be within the scope of this Chapter and, therefore, is required to meet the
seismic strengthening provisions of this Chapter. The order shall specify the building
type classification and shall set forth the owner's alternatives and time limits for
compliance.
(c) Service of Order. The order shall be in writing and may be given either by
personal delivery thereof to the owner or by deposit in the United States mail in a sealed
m
envelope, postage prepaid, addressed to the owner as shown on the last equalized
assessment roll. Service by mail shall be deemed to have been completed at the time of
deposit in the U.S. mail. The failure of any owner to receive such notice shall not affect
in any manner the validity of any of the proceedings taken thereunder. Proof of giving
notice may be made by an affidavit of any employee of the City which shows service in
conformity with this Section. BuildiRg and Safety CommissionBuilding and Fire Life
Safety Commission action, Nuisance Abatement Board action, Building Officer
administrative action, other correspondence between the City and the building owner or
building owner's representative, or other evidence of knowledge of notification shall also
be deemed as proof of giving notice.
(d) Recordation. At the time that the Building Officer serves the aforementioned
order, the Building Officer shall file with the Office of the County Recorder a certificate
stating that the subject building is within the scope of this Chapter. The certificate shall
also state that the owner thereof has been ordered to structurally analyze the building
and to structurally alter it when the Building Officer determines the building is not in
compliance with this Chapter.
If the building is either demolished, found not to be within the scope of this
Chapter, or is structurally capable of resisting minimum seismic forces required by this
Chapter as a result of structural alterations or an analysis, the Building Officer shall file
with the Office of the County Recorder a certificate terminating the status of the subject
building as being classified within the scope of this Chapter.
Section 8. Section 8.76.070 of the Santa Monica Municipal Code is hereby
amended as follows:
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8.76.070 Administration.
(a) Building Classification.. The Building Officer shall determine the occupant
load and classification of building type. The occupant load shall be determined in
accordance with the Building Code and shall include the entire building plus the
occupant load of any adjacent building that interconnects with the subject building or
uses the subject building for exiting purposes.
(b) Contents of Order. When the Building Officer determines that a building is
within the scope of this Chapter, the Building Officer shall issue an order as provided
herein.
The order shall specify that the building has been determined by the Building
Officer to be within the scope of this Chapter and, therefore, is required to meet the
seismic strengthening provisions of this Chapter. The order shall specify the building
type classification and shall set forth the owner's alternatives and time limits for
compliance.
(c) Service of Order. The order shall be in writing and may be given either by
personal delivery thereof to the owner or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner as shown on the last equalized
assessment roll. Service by mail shall be deemed to have been completed at the time of
deposit in the U.S. mail. The failure of any owner to receive such notice shall not affect
in any manner the validity of any of the proceedings taken thereunder. Proof of giving
notice may be made by an affidavit of any employee of the City which shows service in
conformity with this Section. Building and Safety and Fire Life
Safety Commission action, Nuisance Abatement Board action, Building Officer
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administrative action, other correspondence between the City and the building owner or
building owner's representative, or other evidence of knowledge of notification shall also
be deemed as proof of giving notice.
(d) Recordation. At the time that the Building Officer serves the aforementioned
order, the Building Officer shall file with the Office of the County Recorder a certificate
stating that the subject building is within the scope of this Chapter. The certificate shall
also state that the building owner has been ordered to structurally analyze the building
and to structurally alter it when the Building Officer determines the building is not in
compliance with this Chapter
If the building is demolished, found not to be within the scope of this Chapter,
or is structurally capable of resisting minimum seismic forces required by this Chapter
as a result of structural alterations or an analysis, the Building Officer shall file with the
Office of the County Recorder a certificate terminating the status of the subject building
as being classified within the scope of this Chapter.
Section 9. Section 8.80.070 of the Santa Monica Municipal Code is hereby
amended as follows:
8.80.070 Administration.
(a) Building Classification. The Building Officer shall determine the occupant
load and classification of building type. The occupant load shall be determined in
accordance with the Building Code and shall include the entire building plus the
occupant load of any adjacent building that interconnects with the subject building or
uses the subject building for exiting purposes.
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(b) Contents of Order. When the Building Officer determines that a building is
within the scope of this Chapter, the Building Officer shall issue an order as provided
herein.
The order shall specify that the building has been determined by the Building
Officer to be within the scope of this Chapter and, therefore, is required to meet the
seismic strengthening provisions of this Chapter. The order shall specify the building
type classification and shall set forth the owner's alternatives and time limits for
compliance.
(c) Service of Order. The order shall be in writing and may be given either by
personal delivery thereof to the owner or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner as shown on the last equalized
assessment roll. Service by mail shall be deemed to have been completed at the time of
deposit in the U.S. mail. The failure of any owner to receive such notice shall not affect
in any manner the validity of any of the proceedings taken thereunder. Proof of giving
notice may be made by an affidavit of any employee of the City which shows service in
conformity with this Section. Building and Fire Life
Safety Commission action, Nuisance Abatement Board action, Building Officer
administrative action, other correspondence between the City and the building owner or
building owner's representative, or other evidence of knowledge of notification shall also
be deemed as proof of giving notice.
(d) Recordation. At the time that the Building Officer serves the aforementioned
order, the Building Officer shall file with the Office of the County Recorder a certificate
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stating that the subject building is within the scope of this Chapter. The certificate shall
also state that the building owner has been ordered to structurally analyze the building
and to structurally alter it when the Building Officer determines the building is not in
compliance with this Chapter.
If the building is either demolished, found not to be within the scope of this
Chapter, or is structurally capable of resisting minimum seismic forces required by this
Chapter as a result of structural alterations or an analysis, the Building Officer shall file
with the Office of the County Recorder a certificate terminating the status of the subject
building as being classified, within the scope of this Chapter.
Section 10. Section 9.04.18.020 of the Santa Monica Municipal Code is hereby
amended as follows:
9.04.18.020 Legal, nonconforming buildings.
A legal, nonconforming building is a structure which lawfully existed on the
effective date of this Chapter but which does not comply with one or more of the
property development standards for the district in which it is located. A legal,
nonconforming building may be maintained as follows:
(a) Repairs and Alterations.
(1) Repairs and alterations may be made to nonconforming residential
buildings in R1 and multifamily districts.
(2) Repairs and alterations may be made to nonconforming commercial or
industrial buildings provided there is no expansion or increase in the square footage of
the existing building.
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(3) Changes to interior partitions or other nonstructural improvements and
repairs may be made to a nonconforming commercial or industrial building but the cost
of improvement and repair shall not exceed one -half the replacement cost of the
nonconforming building over any five -year period.
(4) The replacement cost shall be determined at the time of building permit
application by the Building Officer, whose decision may be appealed to the Building and
Safety CommissienBuilding and Fire Life Safety Commission.
(b) Additions and Enlargements. An addition to or enlargement of a
nonconforming building shall be permitted if the addition or enlargement is made to
conform to all the regulations of the district in which it is located, except that:
(1) A building not conforming as to height regulations may be added to or
enlarged, provided such addition or enlargement conforms to all of the regulations of the
district in which it is located, including the total floor area permitted on the parcel.
(2) A residential building lacking sufficient parking space as required by Part
9.04.10.08 may be added to or enlarged provided additional parking spaces are
supplied to meet the requirements of Part 9.04.10.08 for the new addition. Additional
parking shall be required for the, addition of bedrooms.
(3) A commercial or industrial building lacking sufficient parking spaces as
required by Part 9.04.10.08 may be added to or enlarged provided that additional
parking spaces are supplied to meet the requirements of Part 9.04.10.08 for the addition
or enlargement, and provided that no single or cumulative addition or enlargement
exceeds twenty -five percent of the floor area of the building existing on the effective
date of the ordinance codified in this Chapter.
PM
(4) A commercial or industrial building lacking sufficient parking spaces as
required by Part 9.04.10.08 may be added to or enlarged beyond 25% of the floor area
of the building existing on the effective date of the ordinance codified in this Chapter,
provided additional parking spaces are supplied to meet the requirements of Part
9.04.10.08 for the floor area of the entire building.
(c) Replacing Nonconforming Features or Portions of Buildings.
Nonconforming features or portions of buildings that are removed shall not be replaced
unless they conform to the provisions of this Chapter. Notwithstanding this requirement,
nonconforming architectural features which have been removed from any existing
building which is designated as a City of Santa Monica landmark, or listed on either the
California Register of Historical Resources or the National Register of Historic Places
may be replaced if the Landmarks Commission determines that such feature contributes
to the building's historic architectural integrity and that the reconstruction conforms to
the Secretary of Interior's Standards for Rehabilitation. Landmarks Commission review
of such reconstruction shall be processed generally in accordance with the procedures
for processing applications for Certificates of Appropriateness contained in Santa
Monica Municipal Code Section 9.36.170. Any project subject to Landmarks
Commission review under this subsection shall not require additional review by the
Architectural Review Board. The determination of the'' Landmarks Commission under
this Section shall be appealable to the City Council
(d) Moving. No nonconforming building shall be moved in whole or in part to any
other location on the parcel unless every portion of the building is made to conform to all
of the regulations of the district in which it is located.
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(e) Restoring. A nonconforming building which is damaged or destroyed to an
extent of less than one -half of its replacement cost immediately prior to such damage
may be restored to its original condition only if the restoration is commenced within one
year of the date the damage occurs and is diligently completed.
(f) Rebuilding. A nonconforming building which is damaged or destroyed to an
extent of one -half or more of its replacement cost immediately prior to such damage
may not be restored to its nonconforming condition but must be made to conform to the
provisions of this Chapter. A designated landmark structure or historically significant
building identified in the Historic Resources Survey as a category 1 through 5 structure
which is damaged or destroyed may be rebuilt if the building is rebuilt to its square
footage, site orientation and height and setbacks that existed prior to the destruction.
Section 11. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 12. 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 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 13. 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 30 days from its adoption.
APPROVED AS TO FORM:
M SHA NES M JTRIE
Cit Attor
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