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SR-07-24-1990-8B - tf t?b-ooz . t~:B C/ED:PB:SF:AS PCjTHHD5 council Mtg: July 24, 1990 S3nta Monica, California TO: Mayor and City Council FROM: city Staff SUBJECT: Landmarks Commission Recommendation on Historic District Designation Application LC-OI-038, Third street Neighborhood Historic District. Boundaries of proposed District Extend From the South Side of Ocean Park Boulevard to the South Side of Hill street, Including the East and West sides of Second street and Third Street and Excluding the Southeast Corner of Hill Street and Third Street. INTRODUCTION -~-j This report recommends that the City Council designate the area extending from the south side of Ocean Park Boulevard to the south side of Hill Street, including the east and west sides of Second Street and Third Street and excluding the southeast corner of Hill and Third streets, as a historic district as recommended by the Landmarks commission. On May 24, 1990 the Landmarks Commission, following a public hearing, voted 6-0 to recommend to the city Council that this area, known as the Third street Neighborhood, be designated a historic district. The historic district application is contained in Attachment K. BACKGROUND The Landmarks Commission filed the proposed historic district application on December 14, 1989 fallowing a presentation to the commission by residents of the neighborhood. The residents, identified as the Third Street Neighbors, proposed to prepare for - 1 - g-B JUL 2 4 1990 ... . the Commission an application for a historic district encompassing the area bounded by Ocean Park Boulevard on the north, Hill street on the south, Second street on the west, and Third street on the east. Al though the Landmarks Commission agreed to sponsor the historic district application, the Third street Neighbors assumed the responsibility of researching the area and preparing the application, with the assistance of City staff and with the Commission serving as an advisory body. In addition, it was understood that the Commission sponsorship of the application was not an automatic endorsement of the district designation; the Commission's recommendation to the City Council on the areals merit as a district was to be based on the research presented to the commission in the application. The Landmarks Commission conducted a preliminary evaluation of the district application at its March 8, 1990 regular meeting. Following review of the application, which included a neighborhood history, a discussion of three potential district boundary options, and descriptions and photographs of all the structures wi thin the largest of the proposed district boundaries, the Commission unanimously voted to proceed with the historic district application and scheduled the determination egarding formal consideration of the application for a special eeting on April 19, 1990. lor to the April meeting, the historic district application was fined to address a number of the Landmarks Commission's lcerns. A section was prepared to specifically address how the ghborhood merits designation based on the criteria set forth - 2 - - . in the City1s Landmarks Ordinance. The application was further expanded to include a discussion of bungalow architecture, summary sheets identifying buildings in the neighborhood by year of construction, and additional discussion of the neighborhood's history and Ocean Park through the 1930s. At the April meeting the commission unanimously voted that the application merited formal consideration and set the date for a PUblic hearing for May 24, 1990. The Commission also expressed concerns regarding the formulation of a recommendation to the city Council on the provisions of a potential historic district ordinance that would establish specific procedures for the review of alterations to structures within the Third street Neighborhood historic district. The commission felt this issue warranted more detailed discussion and, therefore, directed staff to agendize it for preliminary discussion at the May 10, 1990 regular meeting. At the May lOth meeting the Commission discussed the key components they felt should be included in a district ordinance. The following issues were identified: o Description of district boundaries o Definition of contributing and non-contributing structures o List of contributing and non-contributing structures o statement regarding maintenance of structures o Statement that property owners will not be required to modify existing conditions - 3 - - . o Items exempt from certificate of Appropriateness review o Items subject to administrative review o Items requiring Certificate of Appropriateness review o Reference to Secretary of Interior Guidelines for Rehabilitation as the design guidelines used by the Landmarks Commission o Demolition of structures within the district o certificate of Appropriateness review procedures At the May 24th public hearing the Commission heard testimony from over 30 persons. Those in support of the district designation stressed the importance of protecting the unique character of the neighborhood, the role of the neighborhood in the development of Ocean Park, the continuity of architecture in the neighborhood, and the proximity of the neighborhood to other historic buildings and features in the Ocean Park area. Those opposed to the district stated that the district would restrict property and development rights I that many buildings in the district 'Were already restricted by rent control, and that the area was dilapidated and not worthy of preservation. In response to these concerns, the Landmarks COllU11.ission stated that their responsibility is to protect structures and areas that are representative of the city's architecture, history, and cultural heritage. Therefore, the commission's role is to evaluate the information presented in the application and then to determine whether the area merits district designation based on the criteria set forth in the Landmarks Ordinance. The Commission felt that the rent control status of a structure is - 4 - - . irrelevant to this decision process. In addition, determining the economic viability of a structure is not a part of the designation process. This type of analysis occurs through a Certificate of Economic Hardship after a structure is designated as part of a historic district. Another issue raised during the public hearing was the development of an incentives program to encourage historic preservation in the city. While the Commission has been studying this issue and has a series of recommendations that will be forwarded to the City Council, the Commission did not believe that a decision on the historic district application should be delayed until a preservation incentives program is adopted. Such a program would affect not just the proposed district but all City landmarks. The Commission felt that the determination on the historic district application should be based on the established Landmarks Ordinance criteria. LANDMARKS COMMISSION RECOMMENDATION The Landmarks Commission's recommendation to the City Council to designate the Third street Neighborhood a historic district is a four part recommendation. The Commission voted on 1) the findings to justify the merits of the historic district; 2) the district boundaries; 3) the definition of contributing and non-contributing buildings: and 4) provisions of a Third Street Neighborhood historic district ordinance. The Commission's justification for each of these recommendations is outlined below. - 5 - . . District Merits section 9609 of the Landmarks Ordinance states that "an area may be designated a Historic District if the City Council decides that such area possesses a particular aesthetic, economic, historic, architectural, or cultural significance to the cityll. Although only one finding needs to be made to designate a district, following review of the research presented in the application, the commission voted 6-0 to adopt findings that support the designation based on all five ordinance specified criteria. The Commission's findings have been incorporated into the designation ordinance contained in Attachment A. Aesthetically, the Commission found that the neighborhood possesses a strong character and sense of place due to its consistency in building type, primarily the California bungalow, and to its high percentage of original structures. Approximately 84% of the first buildings constructed in the neighborhood are extant. The buildings are primarily low scale, many blending with the natural environment as demonstrated by the homes on the east side of Third street, which are set into the slope of the hill. Based on the information contained in Volume II of the application, the Commission has determined that the neighborhood played a significant role in the economic history of the area through its association with the Vawter family. The Vawters were leading developers of the Third street Neighborhood and were influential in the economic success of early Ocean Park. They - 6 - . . helped found and operate Ocean Park's first bank, while Edwin Vawter owned and operated one of Ocean Parks first tourist attractions and economic successes, the Ocean Park Floral Company located just southeast of the proposed district. In addition, the rapid growth of the neighborhood between 1902 and 1912, when 36 homes out of a total of 53 structures in the district were built, points to the area's economic development. Ocean Park was evolving into a community where people came to make their homes and be employed by local businesses such as the Imperial Ice Company on Main street. The original residents of the Third street Neighborhood included employees of this company as well as plumbers, carpenters, printers, dressmakers, and shopkeepers, all professions integral to the development of a new community. The Commission believes that the neighborhood possesses historic significance to the City due to its association with many prominent early Santa Monica residents. The Vawter family subdivided the proposed district into residential lots. Moses Hostetter, a member of the City Board of Trustees between 1896 and 1900 built and lived at the victorian home at 2601 Second street. His son, William, resided at 237 Beach, and also served on City Commissions. Alvin Archer, who constructed the American Colonial Revival home at 245 Hill street, was a founder of Ocean Park's f irst volunteer fire brigade. Hi s wi fe, Louetta, was Ocean Park's first post woman. Abott Kinney, before developing "venice of America", owned property on the west side of Second Street in the proposed district, and also gave Ocean Park its - 7 - . . name, calling the area after the park-like eucalyptus groves planted by the Vawters near south Santa Monica beach. Architecturally, the neighborhood displays a variety of styles, from Victorian, to Gothic, to American Colonial Revival, to California craftsman, to Spanish Colonial Revival. The Commission found that this architectural progression provides a visual representation of the area's development through the 1930s. In particular, the neighborhood is dominated by bungalows~ 29 bungalows as well as one bungalow court are located within the proposed district boundaries. While typically designed in a variety of architectural styles, the common bungalow theme is the association with the environment, the use of front porches, sun porches, front steps, overhanging eaves, and numerous windows to provide views, sunlight, and to merge the interior and exterior landscapes. The Commission believes that the Third street Neighborhood is a representative example of this architectural movement in Santa Monica. Culturally, the area has ties to Santa Monica's religious, artistic, and political life. The Commission found the inclusion of both The Church in Ocean Park and the Iglesia El Sermonte Del Monte Asselllbleas De Dios, which was constructed originally to house the First Baptist Church, to be representative of the religious history of South Santa Monica. The Church in Ocean Park, known historically as the Methodist-Episcopal Church, was located in the victorian Gothic structure at 2621 Second Street between 1899 and 1923. This structure, designated a city Landmark in 1977, is now used as a residence. By 1923, the - 8 - . . congregation had expanded and the Ocean Park Methodists constructed the church standing today at the northeast corner of Second and Hill streets _ In 1916, the Santa Monica Baptists selected Ocean Park to build their church because they felt that South Santa Monica residents would be more accepting of their religion habits than the II conservative If North Santa Monica residents. Further, the proximity to the murals along the Fourth Street overpass, and the reuse of the Archer House by the Ocean Park Community Center are representative of the neighborhood's artistic and political ties to Ocean Park. District Boundaries The Landmarks Commission considered three alternative boundaries for the district. Maps illustrating the boundary options are contained in Attachment B. The Landmarks Commission voted 5-1 to recommend that the district be designated with the largest of the boundaries. The recommended district boundaries extend from the south side of Ocean Park Boulevard to the south side of Hill street, including the east and west sides of Second Street and Third Street and excluding the southeast corner of Hill and Third streets. Alternatives one and two were rejected by the Commission because they provide a less comprehensive approach to preservation planning in the neighborhood. Both of these alternative exclude the west side of Second Street south of Beach street as well as the four infill properties on the east side of Second Street that are located between the two City landmarks in the district, the Moses Hostetter House at 2601 Second street and the former First Methodist-Episcopal Church at 2621 Second - 9 - . . street. Alternative one differs from alternative two because it would also exclude the Moses Hostetter House and the two accessory structures on the property from the district. The Commission believes that alternative three is the most appropriate because it includes the Moses Hostetter House, one of the most significant homes in the neighborhood, as well as the two accessory structures on the property, one built in 1893 as a carriage house for the main residence, and the other a small spanish Revival bungalow built in 1923. In addition, the inclusion of the four infill properties on the east side of Second Street between the Moses Hostetter House and the Methodist-Episcopal Church would permit the commission to review the design of any new development that may occur on these properties as well as exterior alterations that may impact the historic structures immediately abutting these properties. Finally, by including the west side of Second street between Beach and Hill streets, this recommendation picks up an additional turn of the century bungalow and, more importantly, it adds two infill properties and four vacant lots to the district. These parcels provide a buffer to the heart of the district and are significant because, again, the Commission is provided with the future opportunity to review new developments that could be constructed on these lots. The Commission's recommendation considers the long term impact of new development in a historic area. It allows for a design review process where particular attention will be made to the - 10 - . . issue of compatibility with the historic character of the neighborhood in terms of size, scale, open space, materials, and texture. contributing and Non-Contributing Structures The Landmarks Commission voted 6-0 to recommend that all structures in the district boundaries constructed prior to 1935 be considered II contributing II to the historic character of the neighborhood. All structures built after this date as well as vacant parcels are considered "non-contributing" to the district. The focus of the historic district application has been on the early development and growth of a small Ocean Park neighborhood. The application history traces the area's transition from the Rancheros to farmland to the first subdivision of land into residential lots to the construction of the first homes in the neighborhood. It points to the pivotal events, persons, and years of construction in the neighborhood that combine to present a picture of Ocean Park from the late 1880s to the early 19305. In addition, this personal neighborhood history is linked to Ocean Park's development as a recreation center and an independent business community, and to its reputation as greater Santa Monica f s more Bohemian hal f . These factors place the neighborhood in the context of Ocean park1s development history. As a grouping, the Commission found that all the structures in the neighborhood built between the 1880s and 1935 contribute to the district character as a whole and are representative of Ocean Park1s development history. The low percentage of more recent, - 11 - . . infill, development strengthens the area I s integri ty and establishes the district as an excellent example of a Santa Monica residential neighborhood during the first part of this century. Identifying each of these structures as contributing to the district expands the Commission's jurisdiction in protecting the neighborhood context. Future requests to alter or demolish contributing structures could be made on an individual basis. The Commission would determine at the time of the request the level of a particular building's contribution to the district character and whether the requested modification or demolition impacts the district's historic integrity. Third street Neighborhood Historic District ordinance provisions As permitted by Section 9610J of the Landmarks Ordinance, the City Council may adopt a separate ordinance to govern the review of Certificate of Appropriateness applications and to set forth the types of alterations that may occur without such a Certificate. The Landmarks Commission voted 6-0 to recommend the adoption of such an ordinance and that the ordinance contain the fOllowing provisions. 1. statement of Purpose This shall include a description of the neighborhood's character, discussing the predominance of low scale, craftsman bungalows, ample open space and landscaping. The purpose of a distr ict des ignation is to protect this environment and to ensure that new developments - 12 - . . and alterations to existing structures are compatible with this historic context. 2. Description of District Boundaries The south side of Ocean Park Boulevard to the south side of Hill street, including the east and west sides of Second Street and Third Street and excluding the southeast corner of Third and Hill streets. 3. Definition structures contributing structures shall include all buildings within the district boundaries constructed prior to 1935. Non-contributing structures and sites shall be identified as post 1935 structures and vacant lots. of Contributing and Non-Contributing 4. List of addresses identifying contributing and non-contributing structures and sites. 5. Requirement that all structures within the district shall be kept in good repair by the property owner to ensure properties are not demolished by neglect. Inspections may be conducted by the City upon request of district residents and property owners in the district when potential health and safety violations exist. 6. Property owners will not be required to modify existing conditions. Only future exterior changes will be subject to review. Routine building and property - 13 - . . maintenance shall be exempt from Administrative and Landmarks Commission review. 7. The following items or any similar work will be exempt from the Certificate of Appropriateness process. Applicants will receive a certificate of No Impact upon request or upon administrative review. All interior alterations House painting resulting in no change in color New screens Flat concrete work in the side and rear yards Exterior alterations not visible from the street. Submittal of plan and section diagram required to receive exemption. B. The following items or any similar work will be subject to administrative review. If findings cannot be made that the alteration is not detrimental to the structure and does not impact the integrity of the district I staff shall refer the application to the Landmarks commission for review. Roofing Foundation work Chimney work House painting resulting in a change in color Rear or side yard fences if visible from the street Retaining walls New windows or doors - 14 - . . Skylights Roof top solar equipment/exterior telecommunications equipment Mechanical systems including air conditioning or heating Any addition or subtraction in building square footage Removal of major, mature landscaping unless diseased 9. The following items or any similar work will require approval or the Landmarks commission through the existing certificate of Appropriateness process. surfacing or resurfacing of exterior walls Additions or alteration to porches Additions or alterations to the front of structures Additions or alteration to the side or rear of structures if visible from the street Construction of new buildings Relocation of buildings within or into the district Front yard fences Front yard paving, concrete work, walkways Alterations or additions to building roof lines 10. Application review procedures Alteration or new construction requiring approval of a certificate of Appropriateness by the Landmarks Commission will be subject to the existing public hearing procedures set forth in section 9612 of the - 15 - . . Landmarks Ordinance. In addition, applicants of both Certificate of Appropriatenesses and Administrative Approvals will be required to present verification that they have met with area property owners and tenants, particularly those of adjacent parcels, to discuss and receive comments on their proposals. Certificates of No Impact and Administrative approvals shall be appealable to the Landmarks commission, where the decision would then be final. Landmarks commission decisions on certificate of Appropriateness applications may be appealed to the City Council. 11. The Secretary of Interior Guidelines for Rehabilitation shall be specified as the design guidelines used by the Commission and by staff in the review of all alterations or new construction requests. 12. Demolition of contributing structures within the district will be subject to the existing certificate of Appropriateness and certificate of Economic Hardship procedures set forth in sections 9611, 9611.5 and 9612 of the Landmarks Ordinance. Demolition of non-contributing structures will be subject to the existing Municipal Code requirements regarding demolitions set forth in section 9048.I. Following adoption of a district ordinance, it is also recommended that certain fees for certificate of Appropriateness applications be reviewed and that an architectural style guide to - 16 - . . the neighborhood be prepared describing the variety of styles in the neighborhood, the typical materials, colors, and details used on these late 19th and early 20th century buildings. This guide is to be used in designing new structures so as to be compatible with a historic environment. Should the Council designate the Third street Neighborhood as a historic district, staff intends to return to the Council on September 11, 1990 with a district ordinance for first reading. On the same date, the Council will have a study session with the Landmarks commission regarding the commission's recommendation on amendments to the Landmarks Ordinance and the development of a historic preservation incentives program in the city. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. However, staff will be conducting a fee study to determine the appropriate reduction in application fees for certain Certificate of Appropriateness applications. In addition, creation of a historic district will result in additional staff time to process additional administrative approval and certificate of Appropriateness applications. RECOMMENDATION It is respectfully recommended that the Council adopt the Landmarks Commission recommendation and designate by ordinance the Third street Neighborhood as Santa Monica's first historic district. The designation ordinance is contained in Attachment - 17 - . . A. It is further recommended that the City Council review the Landmarks Commission's recommendation on the provisions of a Third street Neighborhood historic district ordinance and to direct the City Attorney to prepare such an ordinance for first reading at the September 11, 1990 City Council meeting. Prepared by: Paul Berlant, Director of Planning Suzanne Frick, Principal Planner Amanda Schachter, Associate Planner Planning Division Community and Economic Development Department Attachments: A. B. C. D. E. F. G. H. I. J. AS PC/thhd5 07/13/90 K. Designation Ordinance Boundary Maps Landmarks Commission Minutes 12-14-89 Meeting Landmarks Commission Minutes 1-11-90 Meeting Landmarks Commission Minutes 2-8-90 Meeting Landmarks Commission Minutes 3-8-90 Meeting Landmarks Commission Minutes 4-19-90 Meeting Landmarks commission Minutes 5-10-90 Meeting Landmarks Commission Minutes 5-24-90 Meeting Correspondence Received Regarding Historic District Application Historic District Application Volume I Introduction and Summary Volume II Neighborhood History Volume III property Descriptions and Photographs - 18 - . ~fl\0I'u\-" f\" CA:RMM:lld638/hpc City council Meeting 7-24-90 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9630 TO THE SANTA MONICA MUNICIPAL CODE TO DESIGNATE AS AN HISTORIC DISTRICT THE AREA BOUNDED ON THE EAST BY THE REAR PROPERTY LINE OF THE PARCELS ON THE EAST SIDE OF THIRD STREET; BOUNDED ON THE SOUTH BY HILL STREET INCLUDING THE PARCELS ON THE SOUTH SIDE OF THE STREET BUT EXCLUDING THE PARCEL ON THE SOUTHEAST CORNER OF HILL STREET AND THIRD STREET; BOUNDED ON THE WEST BY THE REAR PROPERTY LINE OF THE PARCELS ON THE WEST SIDE OF SECOND STREET; AND BOUNDED ON THE NORTH BY OCEAN PARK BOULEVARD WHEREAS, on December 14, 1989, the Landmarks Commission filed a Historic District application for the area bounded on the east by the rear property line of the parcels on the east side of Third street; bounded on the south by Hill street including the parcels on the south side of the street but excluding the parcel on the southeast corner of Hill street and Third street: bounded on the west by the rear property line of the parcels on the west side of Second street; and bounded on the north by Ocean Park Boulevard; and WHEREAS, on March 8, 1990, the LandmarkS Commission conducted a Preliminary Evaluation of the application; and WHEREAS, on April 19, 1990, the LandmarkS Commission unanimously voted that the Historic District application merited Formal Consideration; and - 1 - . . WHEREAS, the Landmarks Commission conducted a public hearing on the Historic District application on May 24, 1990, and recommended designation of the area as a Historic District to the City council; and WHEREAS, on July 24, 1990, the City council conducted a public hearing on the Historic District application; and WHEREAS, the city Council received the recommendation of the Landmarks commission on July 18, 1990, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9630 is added to the Santa Monica Municipal Code to read as follows: SECTION 9630. The Third street Neighborhood Historic District. (a) The City Council has reviewed and considered the Historic District application for the Third street Neighborhood, and has review and considered the recommendation on the application transmitted from the Landmarks Commission. (b) The city Council finds and declares that: (1) The Third Street Neighborhood Historic District possesses aesthetic significance to Santa Monica in that the area displays a high percentage of original, turn of the century, - 2 - . . structures, a consistency in building type, primarily the California bungalow, and a close association with the natural environment, as demonstrated in the particular by the siting of the homes on the east side of Third street which are set into the slope of the hill. These elements combine to create an area with both a sense of place and a sense of Santa Monica's past. (2) The Third street Neighborhood Historic District possesses historical economic significance to Santa Monica in that the Vawter family, leading developers of the Neighborhood, were also influential in the economic success of Ocean Park through the founding and operation of Ocean Park's first bank and through the ownership and operation of one of Ocean Park's earliest businesses and tourist attractions, the Ocean Park Floral Company. In addition, the development of piers I bathhouses and hotels stimulated growth in the Ocean Park area by providing jobs and attracting both residents and visitors to Ocean Park and to the Third Street Neighborhood. - 3 - . . (3) The Third street Neighborhood Historic District possesses historic significance to Santa Monica in that the neighborhood is associated with many prominent early City residents, including the Vawter, Hostetter and Archer families, and Abbot Kinney. The Vawters subdivided the District into residential lots, and also assisted in the establishment of Ocean Park's first water company and Santa Monica's first regular transportation service to Ocean Park. Moses Hostetter and his son William were both Neighborhood residents (2601 Second street and 237 Beach Street, respectively). Moses Hostetter was a member of the Santa Monica Board of Trustees between 1896 and 1900, serving as chairman of the police, fire, and light committees. Alvin Archer constructed the American Colonial Revival home at 245 Hill street and was also a founder of Ocean Park's first volunteer fire brigade. His wife, Louetta, was Ocean Park's first postwoman. Abbot Kinney, before developing "Venice of American owned property on the west side of Second Street in the District, and - 4 - . . also gave Ocean Park its name, naming the area after the eucalyptus groves planted by the vawters near south Santa Monica Beach. (4) The Third street Neighborhood Historic Oistrict possesses architectural significance to Santa Monica in that the area displays a variety of architectural styles, from victorian to Gothic, to American Colonial Revival, to California Craftsman, to Spanish Colonial Revival, which provide a visual representation of the Neighborhood's development through the 1930s. In addition, the Neighborhood is dominated by bungalows; 29 bungalows and one bungalow court are extant in the District. While typically designed in a variety of architectural styles, the common bungalow theme is the association with the surrounding environment, the use of front porches, sun porches, front steps, overhanging eaves, and numerous windows to provide views and to merge the interior and exterior landscapes. The Third street Neighborhood is a representative example of this architectural movement in Santa Monica. - 5 - . . (5) The Third street Neighborhood Historic District possesses cultural significance to Santa Monica in that the area has ties to Santa Monica's religious, artistic, and political life through the inclusion of both the Church in Ocean Park and the Iglesia EI Sermonte Del Monte Assembleas De Dics (buil t in 1916 as the First Baptist Church) in the District, the Neighborhood's proximity to the murals along the Ocean Park Boulevard/Fourth street Overpass, and the use of the Archer House by the Ocean Park Community Center. (c) The Third street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third street; bounded on the south by Hill street including the parcels on the south side of the street but excluding the parcel on the southeast corner of Hill street and Third street; bounded on the west by the rear property line of the parcels on the west side of Second street: and bounded on the north by Ocean Park Boulevard. - 6 - . . (d) structures that contribute to the character and integrity of the Third street Neighborhood Historic District shall be defined as all structures built prior to 1935; non-contributing structures and sites shall be defined as post 1935 developments and vacant parcels. (e) Pursuant to Santa Monica Municipal Code section 9610, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within the Historic District that can occur without prior approval of a Certificate of Appropriateness, any such work must obtain approval of a Certificate of Appropriateness or Certificate of Economic Hardship by the Landmarks Commission. 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, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 7 - . . 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 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 invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 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 after 30 days from its adoption. APPROVED AS TO FORM: ~~~~ ROBERT M. MYERS City Attorney - 8 - l. I I I ~ . 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