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CA:RMM:JSH:jhord3a
city Council Meeting 5-13-86
Santa Monica, California
ORDINANCE NUMBER 1370{CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMEMDING MUNICIPAL CODE SECTION 9123
TO PERMIT DEMOLITION OF BUILDINGS
UNDER CERTAIN CIRCUMSTANCES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9123 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 9123 .
Demol i tion of
Buildinqs and structures.
(a) No demolition of buildings
and structures shall be permitted except
when all of the following conditions
have been met:
(1) A removal permit has been
granted by the Rent Control Board, when
required.
(2l For residential buildings
and structures, the final permit to
commence construction for a replacement
project has been issued or the Director
of Planning and the Building Officer
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have determined that the structure is a
public nuisance.
(3) A property maintenance
plan has been approved in writing by the
Director of Planning and the Building
Officer. The Architectural Review Board
shall adopt and the Planning Commission
shall approve guidelines and standards
for property maintenance plans pursuant
to Municipal Code Section 9503B.
(4) Subsequent development is
in conformity with the General Plan and
all other applicable regulations.
(b)
Single-family
residential
units which are located in the Rl
District, any commercial District, or
any Industrial District and which are
not controlled rental units under the
Rent Control Law are exempt from
sUbdivision (a) (2) of this Section.
(0)
Prior
to
filing
an
application for a demolition permit, the
property must be prominently posted with
a Notice of Intent to Demolish, such
notice to be in a form approved by the
city.
(d) In addition to any other
requirements imposed by this Section, no
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demol i tion of buildings and structures
more than 50 years old shall be
permitted
unless
the
following
requirements have been met:
(1) Within 7 days of receipt
of a
complete
application
for
a
demolition pend t for such structures,
the City shall transmit a copy of such
application to each member of the
Landmarks Commission.
(2) If no application for
landmark
designation
is
filed
in
accordance with Municipal Code Section
9608 within 30 days from receipt of a
complete application for demolition,
demolition may be approved subject to
campI iance with all other requirements
of law, including this Section.
(3) If an application for
landmark
designation
is
filed
in
accordance with Municipal Code Section
9608 within 30 days from receipt of a
complete application for demolition, no
demol i tion may be approved for 90 days
from receipt of a complete application
for
demolition,
or
upon
the
determination
by
the
Landmarks
Commission that the application for
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landmark designation does not merit
formal consideration . the manner
ln
provided in Municipal Code section
9608C, whichever is sooner.
(4)
If
the
Landmarks
commission
determines
that
an
application for a landmark merits formal
consideration, it shall be processed in
the manner provided in Municipal Code
section 96080 et seq. and no demolition
may be approved until after a final
determination on the application for
landmark designation.
SECTION 2.
Any provision of the 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 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 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.
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SECTION 4. The Mayor shall sign and the City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. The ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS a ~ --.
city Attorney
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Adopted and approved thIS 13th day of May, 1986.
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-'. J ,. '-11a'Yor r:Jempore 0
I hereby certIfy that the foregoing Ordinance No. 1370(CCS)
was duly and regularly introduced at a meeting of the City
CouncIl on the 22nd day of April 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 13th day of May 1986 by the following Council vote:
Ayes:
Councllmembers:
Conn, Epstein J JennIngs J H. Katz
and Zane
Noes: Councllmembers:
None
AbstaIn: Councllmembers:
None
Absent:
Councllmembers:
A. Katz and Mayor Reed
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ATTEST:
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