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O1889 PCD SF KG AS PF f \plan\share\councll\ord\HIST Council Mtg October 28, 1997 Santa Monica, California ORDINANCE NUMBER 1889 (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 904 18 020(c) OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF NON- CONFORMING ARCHITECTURAL FEATURES WHICH HAVE BEEN REMOVED FROM ANY EXISTING BUILDING WHICH IS DESIGNATED AS A CITY OF SANTA MONICA LANDMARK OR IS LISTED ON EITHER THE CALIFORNIA REGISTER OF HISTORICAL RESOURCES OR THE NATIONAL REGISTER OF HISTORIC PLACES WHEREAS, on Apnl 10, 1997 the City received an application from the Edward Thomas Management Company for a zoning text amendment to allow for the restoration of hlstoncal bUildings to their anginal condition, and WHEREAS, on August 6,1997, the Planning Commission held a public heanng on a proposed zoning text amendment which would modify Section 904 18 020{c) of Article IX of the Santa Monica Municipal Code to allow the replacement of non-conforming architectural features which have been removed from any eXisting bUilding which IS deSignated as a City of Santa Monica Landmark or IS listed on either the California Register of Hlstoncal Resources or the National Register of Hlstonc Places. and WHEREAS, the City Council held a public heanng on the proposed Zoning Ordinance Text Amendment on October 14, 1997, and WHEREAS, the City Council finds and declares that the proposed amendment IS consistent In pnnclple with the goals, obJectives, policies, land uses, and programs speCIfied In the adopted General Plan, specifically Land Use Element Policy #31 3 which encourages the retention of hlstonc and architecturally slgmflcant resources, In that the proposed amendment will allow for replacement of hlstonc architectural features on deSignated hlstonc structures, thereby promoting the retention of architecturally Significant resources In the community, and WHEREAS, the City Council finds and declares that the publiC health, safety and general welfare requires the adoption of the proposed Ordinance In order to permIt the restoration of architectural features which have been removed on bUlldmgs In the City that are hlstoncally deSignated ThiS amendment will have a pOSitive Impact on the general welfare of the community because It will enable the restoration of lost architectural features to hlstoncally deSignated bUildings thereby contnbutlng to Santa Monica's Important architectural hentage, visual character and sense of place, and WHEREAS, the City Council finds and declares that the standards for Landmarks Commission review contained In the proposed amendment will ensure that each property IS recogmzed as a phYSical record of Its time, place and use and that changes which 2 create a false sense of hlstoncal development, such as the additIon of conjectural features or architectural elements from other bUIldings, Will not be undertaken NOW, THEREFORE THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOllOWS SECTION 1 Section 90418 020(c) the Santa Monica MunIcipal Code IS amended to read as follows Section 9 04 18 020(c) Replacing Non-conforming Features or Portions of BUildings (c) Non-conformlng features or portions of bUildings that are removed shall not be replaced unless they conform to the proVIsions of thiS Chapter Notwithstanding this requirement, nonMconforming architectural features which have been removed from any existing building which is designated as a City of Santa Monica landmark, or listed on either the California Register of Historical Resources or the National Register of Historic Places may be replaced if the landmarks Commission determines that such feature contributes to the building's historic architectural integrity and that the reconstruction conforms to the Secretary of Interior's Standards for Rehabilitation. landmarks Commission review of such reconstruction shall be processed generally in accordance with the procedures for processing applications for Certificates 3 of Appropriateness contained in Santa Monica Municipal Code Section 9.36.170. Any project subject to Landmarks Commission review under this subsection shall not require additional review by the Architectural Review Board. The detennination of the Landmarks Commission under this Section shall be appealable to the City Council. SECTION 2 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 no further, IS hereby repealed or modified to that extent necessary to affect 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 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 invalid or unconstitutional Without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional 4 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 within 15 days after Its adoptIon This Ordinance shall become effective 30 days from ItS adoptIon APPROVED AS TO FORM fhu.J~~~~t >J MARSHA JONES MOUTRIE City Attorney 5 State of Cahfornla ) County of Los Angeles) ss City of Santa MOnica ) 1AM~ Pfela O'Connor. Mayor I. Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg Ordmance No 1889 (CCS) had Its first readmg on October 15. 1997, and had Its second readmg on October 28. 1997 and was passed by the followmg vote Ayes CouncIl members Ebner. Femstem. Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members None ATTEST .... ~.o ~~~ Mana M Stewart, CIty Clerk