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O1654 e e 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 - 1 - e e 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. - 2 - e e 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 - 3 - e tit 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 - 4 - e e 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. - 5 - e e 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 - 6 - . . e tit 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: //' -,~ , .~:/~~ - - j -~~ Ci'ty Cler-le ~ - "- - - -----..