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O1188 CA:SSS:BB:b1 Council Meeting 10/28/80 Santa Monica, California ORDINANCE NO. 1138 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA M1ENDING CHAPTER 6 OF ARTICLE IX OF THE SANTA MONICA. MUNICIPAL CODE RELATING TO HISTORIC DISTRICT DESIGNATION PROCEDURES WHEREAS, the Historic District designation procedures currently prohibit any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within a proposed Historic District while a public hearing on the proposal is pending; and WHEREAS, this automatic prohibition does not provide any exceptions thereto where the desired work would not adversely affect the features of the proposed district, where the proposed work is necessary to remedy emergency conditions dangerous to life, 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 FOLLmV-S: SECTION 1. Section 9610E of the Santa Monica Municipal Code 1S hereby amended and as amended reads as follows: E(l) Upon a determination by the Commission that the application merits fonma1 con- sideration by the Co~uission and the scheduling of a public hearing thereto, any alteyation, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a building or structure within a proposed Historic District is prohibited, and no permit authorizing any such alteration, restora- tion, construction, removal, relocation, or demolition shall be granted by any department of the City \Jhile a public hearing or any appeal related thereto is pending. Section 96l0E(1) notwithstanding, any person subject to the moratorium may apply to the Director of Planning, and to the Landmarks COffiQission, on appeal, for an exception to the moratorium. Exceptions may be granted for repairs or alterations which do not involve any detrimental change or modification to the exterior of the structure in question or for actions which are necessary to remedy emergency conditions determined to be dangerous to life, health, or property. SECTION 2. Any pyovision of the Santa Monica Municipal Code or appendices thereto inconsistent therewj.th, to the extent E(2) of such inconsistencies and no further, are hereby repealed or -2- modified to that extent necessary to effect the provisions of this ordinance. SECTION 3. 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 any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the 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. SECTION 4. 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 15 days after its adoption. ~he ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FOR~: -3- ADOPTED AND APPROVED THIS 12th DAY OF Nuvember ) 1980. ~~. ~-L11 / I -\' ~ ' (,L(2'/f v ,,,;{J.JLI./( ~ '-- / f'1A Y Q . ./ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE) No. 1188) WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 29thDAY OFyctober 1000. THAT ) .....JO. ) AYES: COUNCILMEMBCRS: Vannatta Go1dway, Jennings, Reed, Rhoden and Mayor Bambrick NOES: COUNCILMEMBERS~ Scott ABSENT: COUNCILMEMBERS: None tlJTEST: " &V11~' -............ CITY CLERK