O1654
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demrev5/word.ppd
city Council Meeting 10-13-92
Santa Monica, California
ORDINANCE NUMBER l654 (CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ZONING
ORDINANCE SECTION 9.04.10.16.010, FORMERLY SECTION 9048.1,
OF SUBCHAPTER 51 RELATING TO THE REVIEW OF DEMOLITION
PERMITS BY THE LANDMARKS COMMISSION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Findings and Purpose. The City Council finds
and declares:
(a) In September 1990 the City Council conducted a study
Session to review revisions to the Landmarks and Historic
Districts Ordinance and the Demolition Ordinance. Following the
Study Session council directed staff to revise these ordinances
as recommended by the Landmarks Commission.
(b) In July 1991 the city Council adopted Ordinance Number
1590 (CCS) amending Chapter 6 of Article IX of the Santa Monica
Municipal Code relating to landmarks and historic districts.
Section 9606.1 of this ordinance included the establishment of a
structure of merit designation category.
(c) On April 15, 1992 the Planning Commission adopted a
Resolution of Intention to recommend that the city council amend
Section 9048.1 of Subchapter 5I of the Zoning Ordinance to allow
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the Landmarks Commission 60 days to review demolition permit
applications for structures 50 years old or older. The
Resolution also recommended that the Demolition Ordinance be
amended to state that, in addition to the filing of a landmark
designation application, the filing of a structure of merit
application or a historic district application will delay the
approval of a demolition permit.
(d) On May 20, 1992 the Planning Commission unanimously
recommended that the City Council approve the revisions to the
Demolition Ordinance as submitted in the Resolution of Intention,
finding that:
1. The proposed amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs
specified in the adopted General Plan, specifically Land Use
Element Policy 3.1.3 which encourages the retention of
historically and architecturally significant resources, in
that permitting the Landmarks Commission additional time to
review demolition permits will insure that demolition
requests are not automatically approved without Landmarks
Commission clearance and that requiring the Landmarks
Commission to review all demolition permit applications for
structures older than 50 years will insure, over time, that
a greater number of Santa Monica's cultural resources will
be protected and recognized through the structure of merit,
landmark, and historic district designation process.
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2. The public health, safety, and general welfare require the
adoption of the proposed amendment in that the proposed
amendments to the Demolition Ordinance will assist in the
protection of Santa Monica's historic buildings and
neighborhoods.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 2. Section 9.04.10.16.010, formerly 9048.1, of
Subchapter 51 of the Santa Monica Municipal Code is amended to
read as follows:
Subchapter 5I. Demolitions.
Section 9.04.10.16.010.
Structures.
Demolition of Buildings and
(a) No demolition of buildings and structures shall be
permitted except when all of the following conditions have been
met:
(1) A removal permi t has been granted by the Rent
Control Board, when required.
(2) 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 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
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Commission shall approve guidelines and standards for property.
maintenance plans pursuant to Municipal Code Section 9.32.030.
(4) Subsequent development is in conformity with the
General Plan and all other applicable regulations.
(b) Single-family dwellings 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 subsection (a) (2) of this section.
(c) Prior to filing an application for a demolition permit,
a Notice of Intent to Demolish must be prominently posted on the
property. Such notice shall be in a form approved by the city.
(d) 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 50 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, eight 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 Municipal Code Sections 9.36.090, 9.36.120, or
9.36.130 within 60 days from receipt of a complete application
for demolition, demolition may be approved subject to compliance
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with all other legal requirements, including this Section.
(3) If an application for structure of merit
designation is filed in accordance with Municipal Code Section
9.36.090(a) within 60 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 structure of merit designation
application. The structure of merit application shall be
processed in accordance with the procedures set forth in
Municipal Code section 9.36.090.
(4) If an application for landmark designation is
filed in accordance with Municipal Code section 9608 (a) within
60 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 application for landmark designation. The
landmarks application shall be processed in accordance with the
procedures set forth in Municipal Code section 9.36.120.
(5) If an application for historic district
designation is filed in accordance with Municipal Code Section
9.36.130(a) within 60 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 application for historic district
designation. The historic district application shall be
processed in accordance with the procedures set forth in
Municipal Code Section 9.36.130.
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SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and not further,
are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this 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 to be invalid or unconstitutional without regard to
whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. 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
within 15 days after its adoption. This Ordinance shall be come
effective 30 days from its adoption.
APPROVED AS TO FORM:
~i~
:. JO$EPH LAWRENCE
'~~ng C~ty Attorney
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Adopted and approved this 13th day of October, 1992.
I hereby certify that the foregoing Ordinance No. 1654(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 29th day of September 1992; that the said
Ordinance was thereafter duly adopted at a meeting of the City
council on the 13th day of October 1992 by the following Council
vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Counci1members: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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