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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 2 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: 3 (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 11 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. A 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 7 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 M 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. 9 (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 10 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. 11 (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 12 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 13 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. 14 (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. 15 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 16 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 17 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. 19 (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. 20 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. 21 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. WJ (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, 23 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