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OCT 2 8 1997
Santa Monica, California
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City Council Meeting 10-28-97
TO Mayor and City Council
FROM City Attorney
SUBJECT Ordinance Amending Santa Monica MUnicipal Code Section 90418 020(c)
to Allow the Replacement of Nonconforming 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
IntroductIon
At Its meeting on October 15, 1997, the City CounCIl Introduced for first reading an
ordinance amending the MuniCipal Code to allow the replacement of nonconforming
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 Callfornta Register
of HistOrical Resources or the National Register of Hlstonc Places The attached
Ordinance IS now presented to the City CounCil for adoption
RECOMMENDATION
It IS respectfully recommended that the accompanYing ordinance be adopted
PREPARED BY
Marsha Jones Moutne, City Attorney
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OCT 2 8 1997
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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 MONICAAMENDING SECTION 9 0418 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 zOnlng text amendment to allow for the restoration
of hlstoncal bUildings to their onglnal 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
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WHEREAS, the CIty Council held a public hearing 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 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 historic and architecturally significant 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 bUildings 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 hlstorrcally deSIgnated bUIldings thereby contnbutlng to Santa MOnica's Important
architectural herrtage. 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 recognized as a phYSical record of Its time, place and use and that changes which
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create a false sense of historical 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 9 04 18 020{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, non-conforming 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
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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 determination 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 unconstltuttonal 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
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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 pubhshed 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
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MARSHA JONES MOUTRIE
City Attorney
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State of CalIfornIa )
County of Los Angeles) ss
CIty of Santa MOllIca )
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Ptela O'Connor. Mayor
L Mana M Stewart. CIty Clerk of the CIty of Santa MOlllca. 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 follo'~lng vote
Ayes
CouncIl members
Ebner. Femstem. Genser, Greenberg. Holbrook. O'Connor.
Rosenstem
Noes
CouncIl members
1'\ one
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
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Mana M Stewart, Cltv Clerk