O2380Council Meeting: 11 -22 -2011
Santa Monica, California
ORDINANCE NUMBER 2380 (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
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:
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(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
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 Building 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:
8.08.040 Board of Appeal.
(a) General. Pursuant to this Chapter, Section 1002 of the Santa Monica City
Charter, the California Building Code and the California Fire Code, the Building and Fire
Life Safety Commission is hereby created as the Board of Appeal.
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Members of the Commission shall be appointed by the City Council to serve a
term of four years unless removed for cause. No Commission member shall hold any
paid office with the City.
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 may also recommend to the
appointing authority such new legislation as is consistent therewith.
The Building Officer or the Fire Marshall or their designee shall be an ex- officio
member of the Commission and shall act as secretary.
(b) Membership. The Building and Fire Life Safety Commission shall be
composed of seven 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, civil engineer or structural engineer;
one State of California licensed building contractor; one State of California Certified
Access Specialist; and one State of California Registered Fire Protection Engineer.
(c) Jurisdiction. The jurisdiction of this Commission shall be limited to hearing
appeals of determinations, decisions and orders, including stop work, suspension or
revocation orders, issued by the Building 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
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facilitate the processing of such cases. If a case is rejected on jurisdictional grounds by
the Commission, then a Hearing Examiner shall be appointed pursuant to Section
1.10.050 of this Code
Unless otherwise specified above, the 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.
(d) Timing of Appeals of Stop Work, Suspension or Revocation Orders. Any
appeal of a stop work, suspension or revocation order issued by the Building Officer or
the Fire Marshall shall be filed with the Building Officer within three (3) 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,
(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
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pending appeal, any materials installed or constructed after issuance of the order may
be required to be removed should the Building Officer or Building 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 construction
documents shall be approved in writing or by stamp.
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.
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(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 Fire Life Safety
Commission, who shall exercise its powers on these matters in such a way that the
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public welfare is secured, and substantial justice done most nearly in accord with the
intent and purpose of this Chapter.
Section 5. Section 8.48070 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 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
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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 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.
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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 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.
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
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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
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
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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
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:
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
W,
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 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 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.
(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.
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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
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.
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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 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.
(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.
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(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
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.
(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,
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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.
(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
RE
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.
25
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:
MAIISPA JONES MOUT IE
City Attorney
am
Approved and adopted this 22 "d day of November, 2011.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2380 (CCS) had its introduction on November 8,
2011, and was adopted at the Santa Monica City Council meeting held on
November 22, 2011, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: Shriver
A summary of Ordinance No. 2380 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
. —4+ = s
Maria M. Stewart, City Clerk