The purpose of this Chapter is to implement the City's General
Plan and to protect and promote the public health, safety, peace,
comfort, convenience, prosperity and general welfare. More specifically,
the regulations are intended to protect and promote preservation of
the quality and character of Santa Monica's built environment by:
A. Discouraging
demolition or substantial alteration of structures that contribute
to defining the character of the City and the distinguishing features
and diversity of existing residential neighborhoods by protecting
character-defining buildings, historic resources, and older smaller
scale multi-unit structures;
B. Ensuring
that the purpose of demolition, when it does occur, is to protect
public safety or to allow projects that will further implementation
of the General Plan and any other plans or policies the City adopts
to improve the quality of the City's built environment;
C. Providing
a basis for considering the impact of demolition, substantial alterations,
and building removal on the cultural, social, historic, and political
characteristics of neighborhoods as well as their architectural and
aesthetic attributes;
D. Establishing
a process for allowing identification of a building that may be a
historic resource prior to approving its demolition, substantial alteration,
or removal;
E. Protecting
and enhancing real property values by safeguarding and enhancing the
appearance of the City and its neighborhoods; and
F. Defining
duties and powers of administrative bodies and officers responsible
for implementation of the procedures.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. No building
or structure in the City shall be demolished, removed, or relocated
except as authorized under the provisions of this Chapter.
B. Exceptions. The following buildings or structures are exempt
from the provisions of this Chapter:
1. An
accessory building containing less than 400 square feet of floor area
that is not a City-Designated Historic Resource or listed on the Historic
Resources Inventory; and
2. If
a building or structure is unsafe, presents a public hazard and is
not securable and/or is in imminent danger of collapse so as to endanger
persons or property, as determined by the City's Building Official,
it may be demolished. The Building Official's determination in this
matter shall be governed by the standards and criteria set forth in
the most recent edition of the
California Building Code that is in
effect.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. A demolition
subject to the provisions of this Chapter and all other applicable
City regulations occurs when any of the following takes place:
1. At
any time over a 5-year period, more than 50 percent of the exterior
wall elements are removed, or are no longer a necessary and integral
structural component of the overall building.
a. Exterior wall elements include, but are not limited to, the subsurface
or nondecorative cladding necessary for structural support, columns,
studs, cripple walls, or similar vertical load-bearing elements and
associated footings, windows, or doors.
b. Existing exterior walls supporting a roof that is being modified
to accommodate a new floor level or roofline shall continue to be
considered necessary and integral structural components, provided
the existing wall elements remain in place and provide necessary structural
support to the building upon completion of the roofline modifications.
c. The calculation for determining whether a structure has been demolished pursuant to this Section shall be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the ceiling of each story, as defined in Chapter
8.12 of the Municipal Code.
2. In
commercial or industrial buildings not principally supported by exterior
bearing walls, more than 50 percent of the principal support structure
including columns, structural frames, and other similar primary structural
elements is removed or is no longer a necessary and integral structural
component of the overall building.
3. At
any time over a 5-year period, for structures over 40 years of age
and identified on the City's Historic Resources Inventory, the following
occurs:
a. Removal of more than 25 percent of the wall(s) (including exterior
cladding) facing a public street(s) (or a street facing elevation
if the parcel is a through lot or landlocked) or 50 percent of all
exterior walls; or
b. Enclosure or alteration (i.e., new window and/or window relocation)
of more than 25 percent of the wall(s) (including exterior cladding)
facing a public street (or a street facing elevation if the parcel
is a through lot or is landlocked) or 50 percent of the exterior walls
so that they no longer function as exterior walls;
All remaining exterior walls must be contiguous and must retain
the existing exterior cladding. No new exterior wall covering shall
be permitted over the existing exterior cladding.
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B. For purposes of this Ordinance, the removal of a building for relocation to another parcel is considered a demolition. Structures may be relocated subject to the requirements of Section
9.25.050 of this Chapter.
C. Verification
that work will not result in a demolition. Prior to issuance of a
building permit for a project where the work will result in the removal
of over 40 percent of the exterior walls [or for structures over 40
years of age and identified on the City's Historic Resources Inventory,
20 percent of the wall(s) facing a public street(s) or a street facing
elevation if the parcel is a through lot or landlocked], the developer
shall submit written verification from a registered structural engineer,
certifying that the exterior walls shown to remain are structurally
sound and will not be required to be removed for the project. Prior
to issuance of a building permit, the property owner and contractor
shall sign an affidavit to the City that they are aware of the City's
definition of a demolition and the penalties associated with an unlawful
demolition.
D. A nonconforming building that is a City-Designated Historic Resource or on the City's Historic Resources Inventory that is demolished may be replaced or rebuilt in-kind when undertaken pursuant to Section
9.27.030(F).
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The City shall not approve the demolition of any building or
structure unless the applicant has complied with all of the following
conditions:
A. A removal
permit has been granted by the Rent Control Board, when required.
B. For multi-unit dwelling structures or structures within a Neighborhood Conservation Overlay District, the final permit to commence construction for a replacement project has been issued, or the building or structure is exempt from this requirement pursuant to Section
9.25.020. A property maintenance plan has been approved in writing by the Director.
C. Prior
to filing an application for a demolition permit, a notice of intent
to demolish in a form provided by the Director has been prominently
posted on the property.
D. A Certificate
of Appropriateness or Economic Hardship has been approved by the Landmarks
Commission or City Council on appeal, for demolition of any City-Designated
Historic Resource.
E. In addition
to any other requirements imposed by this Section, no demolition of
buildings or structures, the original permit for which was issued
more than 40 years before the date of filing of the demolition permit
application, shall be permitted unless the following requirements
have been met:
1. Within
7 days of receipt of all filing materials for a demolition permit
for such structures, the City shall transmit a copy of such application
to each member of the Landmarks Commission. Filing materials shall
consist of a completed application form, site plan, 8 copies of a
photograph of the building, and photo verification that the property
has been posted with a notice of intent to demolish.
2. If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Chapter
9.56 within 75 days from receipt of a complete application for demolition, demolition may be approved subject to compliance with all other legal requirements, including this Section.
3. If an application for a landmark, a historic district, or a structure of merit is filed in accordance with Chapter
9.56 within 75 days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the landmark, historic district, or structure of merit designation application. The application shall be processed in accordance with the procedures set forth in Chapter
9.56.
a. The 75-day period can be extended by the property owner by written
consent.
b. No landmark, structure of merit, or historic district application
can be filed after the 75-day period has expired unless the demolition
permit expires.
F. No application subject to review by the Planning Commission, Architectural Review Board, or Zoning Administrator, shall be accepted for filing unless the applicant has completed the requirements of subsection
E, as applicable. Notwithstanding the foregoing, the City shall accept applications for 100% Affordable Housing Projects that involve the demolition of existing buildings that: (a) do not appear on the City's Historic Resources Inventory so long as a demolition permit application(s) for such building(s) is filed prior to or concurrently with the application for the 100% Affordable Housing Project; or (b) involve the demolition of existing buildings that are on the City's Historic Resources Inventory so long as a demolition permit application(s) for such building(s) has been filed and the Landmarks Commission has held its preliminary review hearing regarding such building(s) and has decided not to move to a full designation hearing for such building(s).
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended
by Ord. No. 2551CCS § 3, adopted August 8, 2017 ; Ord. No. 2606CCS § 10, adopted April 9, 2019)
Buildings and structures may be relocated if the following requirements
are met:
A. In addition to meeting the requirements of Section
9.25.040, th
e relocated structure shall comply with all regulations of this Ordinance including the property development standards for the Zoning District in which the structure is to be relocated, including building height, setback, parcel coverage, and unit density requirements. However, if the relocated structure is a City-designated landmark or structure of merit, the Landmarks Commission may approve a Certificate of Appropriateness authorizing nonconforming setbacks and site orientation on the new lot.
B. Construction
or rehabilitation related to the structure proposed to be relocated
shall commence within 30 days and shall be completed within 365 days
of the date the structure is relocated onto the property.
C. Prior
to issuance of a building permit, a notice of intent to relocate approved
as to form by the Building Officer shall be posted on the parcel where
the building is to be relocated.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)