O1138
..
-
e
e
e
e
CA:SSS:BB:bl
Counc~1 l1eetl.ng 10/28/80
Santa Monica, Call.fornia
ORDINANCE NO.
1138
(City CounCl.1 Series)
AN ORDINANCE OF THE CITY COUNCIL or THE CITY
OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE
IX OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO HISTORIC DISTRICT DESIGNATION
PROCEDURES
vlliEREAS, the Hl.stor~c District designation procedures
currently proh~b~t any alteratl.on, restoration, construction,
removal, relocation, or dem01l.tion of or to a buildl.ng or
structure with1.n a proposed Historic nistrl.ct while a public
hearing on the proposal l.S pendl.ng~ and
~VHEREAS, this automatic prohl.bition does not ~rovide
any exceptions thereto where the desired work would not adversely
affect the features of the proposed district, where the proposed
work is necessary to reBedy emergency conditl.ons dangerou~ to
ll.fe, health, or property, and where the prohibition produces an
unwarranted hardship on the applicant
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS
AS FOLLONS:
SECTION 1. Sectl.on 9610E of the Santa Monica Municipal
Code 1.8 hereby amended and as amended reads as follows:
E(l} Upon a determ1.nation by the Commission
that the appll.cation merl.ts formal con-
sl.deration by the CO~~l.SSl.on and the
sc~edull.ng of a public hearl.ng thereto,
;
~ -~O:"I-~_~
\
.
~
e
e
e
e
any alte~ation, restoration, construction,
removal, relocat~on, or demol~t~on, ln
\Jhole or in part, of or to a build~ng or
structure with~n a proposed Histor1C
D~strict 1S prohib~ted, and no permit
author~zing any such alterat~on, restora-
tion, construct~on, removal, relocat1on,
or demol~tlon shall be granted by any
department of the C~ty while a public
hearing or any appeal related thereto ~s
pending.
E(2)
Sectlon 9610E(1) notwithstand~ng, any
person subject to the moratorium may apply
to the Dlrector of Plannlng, and to the
Landmarks COffi@~sslon, on appeal, for an
exception to the moratori~~. Exceptions
may be granted for repa1rs or alterat~ons
which do not ~nvolve any detrimental change
or modiflcation to the exterior of the
structure 1n question or for actions wh~ch
are necessary to re~edy emergency cond~tions
determ~ned to be dangerous to life, health,
or ?roperty.
SECTION 2. Any provislon of the Santa ~1onica Municipal
Code or append~ces thereto lnconsistent therewith, to the extent
of such inconsistenc1es and no further, are hereby repealed or
-2-
~-
e
e
e
e
modlfied to that extent necessary to effect the provisions of
thlS ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase o! this ordlnance 15 for any reason held to be inval~d
or unconstitutlonal by a declsion of any court of any co~tent
jurlsdiction, such decislon shall not affect the validity of the
remaining portions of the ordlnance. The City Council hereby
declares that it would have passed this ordinance and each and
every sectlon, subsection, sentence, clause, or phrase not
declared lnvalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall s~gn and the City Clerk
shall attest to the passage of this ordinance. The Clty Clerk
shaLl cause-the same to be publlshed once in;th~ 6f~Lcial newspaper
15 days after its adopt~on. ?he ordlnance shall bebome effect~ve
after 30 days from its adoption.
APPROVED AS TO FOR...Tt.1:
~~~e Stu"-
STEPHE'W SHANE STARK.
Acting Clty Attorney
-3-
.......:...~ -
e
e
e
e
ADOPTED AND APPROVED THIS
12th
DAY
OF i'Jovember
J jg801
(~~~J
\ //
~() JLll.l-l.:
r -.... -V"- - - .........
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE;
NOl 1188 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE (ITY COUNCIL ON THE 29th DAY OF--9ctober
J 1980j THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
C C 12th DA'( OF ~ovember J 19R1)
OF THE ITY OUNCIL ON THE v
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBLRS: Yannatta Goldway, Jennings, Reed,
Rhoden and ~ayor Bambrick
NOES:
COUNCILMEMBERS: Scott
ABSENT:
COUNCILMEMBERS: ~one
ATTEST:
~ ~----
CITY CLERK