SR-11-26-1985-8F
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CA:RMM:rmdl12/hpca
City Council Meeting 11-26-85
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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
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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
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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
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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.
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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:
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ROBERT M. MYERS
City Attorney
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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:
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CIty Clerk