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of such inconsistencies and no further, are hereby repealed or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