SR-416-002
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City Council Meeting 5-13-86 Santa Monica, califorfiia
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STAFF REPORT
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FROM:
Mayor and City Council
City Attorney
TO:
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
Section 9123 Relating to Demolition of Buildings
At its meeting on April 22, 1985, the City Council
introduced for first reading an ordinance amending section 9123
of the Santa Monica Municipal Code to permit the demolition of
certain buildings under specified conditions. The ordinance is
now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY:
Robert M. Myers, city Attorney
Jonathan S. Horne, Deputy City Attorney
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MAY 1 3 1986
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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.
Demolition of
~uildings 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.
(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
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have de~rmined that the structur~s 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 Co~~ercial District, or
any Industrial District and which are
not controlled rental units under the
Rent Control Law are exempt from
subdivlsion (a) (2) of this section.
(c) Prior to filing an
appllcation for a demolition permit, the
prope~ty must be promlnently posted with
a Notice of Intent to Demolish I 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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demolitt of buildings
.
and structures
more than 50 years old
shall be
permitted
unless
the
following
requirements have been met:
(l) within 7 days of receipt
of
a
complete
application
for
a
demolition permit 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,
demoli tion may be approved subj ect to
compliance 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
demolition may be approved for 90 days
from receipt of a complete application
for
demolltlon,
or
upon
the
determination
by
the
Landmarks
Commission that the application for
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landmar~ designation
.
does not merit
formal
consideration
in
the manner
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 9608D 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.
'Ihe 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.
I
.
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:
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ROBERT M. MYERS 6" - -.
city Attorney
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A'opte~ an~ approve~ thlS 13th ~ay of May, 1986.
/JA) A '
V "',) r~a or
I hereb y cer tl [y tha t the forego Hlg Ord l.nance No. 1370 (CCS)
was ~uly and regularly introduced at a meetl.ng of the CIty
COUrle l.l on the 22nd ~a y of Apr 11 1986; tha t the said Ord Inance
was thereafter duly a10pted at a meetIng of the CIty CouncIl on
the 13th day of May 1986 by the fol1owl.ng CouncIl vote:
Ayes:
Councllmembers:
Conn, Epste1n, Jennl.rjgs, H. Katz
aTJrj ZarJe
Noes: Councl.lmembers:
None
AbstalTJ: Cour.cllmembers:
None
Absent: COUrJcl.lmembers:
A. Katz a~d Mayor Ree~
ATTEST:
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CIty Cler~ '---