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SR-11-26-1985-8F .... . '-/Ob-OtO/ CA:RMM:rmdl12/hpca City Council Meeting 11-26-85 '- $-p NOV 2 6 1985 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: city Attorney SUBJECT: Emergency ordinance Adding Section 9620 to the Santa Monica Municipal Code to Provide for Extensions of certificates of Appropriateness At its meeting of November 12, 1985, the city Council directed the city Attorney to prepare an emergency ordinance establishing procedures for the extension of certificates of appropriateness. In response to this direction, the accompanying ordinance has been prepared and is presented for city Council consideration. The accompanying ordinance would add Section 9120 to the Santa Monica Municipal Code. This new section would provide that the City Council, following the recommendation of the Landmark Commission, may extend a Certificate of Appropriateness for a period of up to 180 days upon such terms and conditions as the City Council deems appropriate. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced and adopted. PREPARED BY: Robert M. Myers, City Attorney 8-F- MOV 2 6 ,;_~ . . CA:RMM:rmdl12a/hpca City Council Meeting 11-26-85 Santa Monica, California ORDINANCE NUMBER 1348 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9620 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR EXTENSIONS OF CERTIFICATES OF APPROPRIATENESS AND DECLARING AN EMERGENCY WHEREAS, the City is concerned that there is an ongoing effort to demolish the Rapp Saloon, located at 1438 Second Street; and w"HEREAS , the Rapp Saloon has tremendous historical significance to the City in that it functioned as the orlgina1 City Hall; and WHEREAS, a Certificate of Appropriateness to demolish the Rapp Saloon has been issued; and WHEREAS, the owners of the Rapp Saloon have indicated a willingness to delay demolition if the certiflcate of Appropriateness is extended; and WHEREAS, the public welfare would be adversely affected if this important historical building were demolished; and - I - WHEREAS, it tf! in the best interest O~UbliC welfare to establish procedures for extension of certificates of Appropriateness, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9620 is added to the Santa Monica Municipal Code to read as follows: Section 9620. Extension of Certificate of Appropriateness. The City Council, following recommendation from the Landmarks Commission, may extend by resolution the time period for exercising a Certificate of Appropriateness as provided for in Section 96121 for a period of up to 180 days upon such terms and conditions as the city Council deems appropriate. An extended Certif.lcate of Appropriateness may be extended in accordance with the prov.lsions of this Section. An extended cert.lficate of Appropriateness shall expire if the work authorized thereby is not commenced by the end of the extension period. Except as otherwise provided for in this Section, all provisions of this Code applicable to a Certificate of Appropriateness shall - 2 - ", . apply to an extended certificate of Appropriateness. 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. 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 the ordinance. The Ci ty 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. This ordinance is declared to be an emergency measure adopted pursuant to the provisions of Section 615 of the Santa Mon.:..ca City Charter and is necessary for preserving the public peace, health, and safety, and the urgency for its adoption is set forth in the findings above. - 3 - . . 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 fifteen (15) days after its adoption. This ordinance shall become effective on the date of its adoption, pursuant to section 619 of the Santa Monica city Charter. APPROVED AS TO FORM: ~ ~, L-----c('" ROBERT M. MYERS City Attorney - 4 - ~ .. . . Adopted and approved this 26th day of November, 1985. Rk~l.~ I Mayor I hereby certIfy that the foregoIng Ordinance No. 1348(CCS) was duly and regularly introduced at a meetIng of the CI ty CouncIl on the 26th day of November 1985; that the saId OrdInance was thereafter duly adopted at a meetIng of the City Council on the 26th day of November 1985 by the folloWIng CounCIl vote: Ayes: CouncIlmembers: Conn, JennIngs, EpsteIn, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councllmembers: None AbstaIn: Councllmembers: None Absent: Councilmembers: None ATTEST: ~/1. ~_ CIty Clerk