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SR-10-28-1980-8A CA:SSS:BB:bl Council Meeting i0/28/80 Santa Monica, California STAFF REPORT TO: Pdayor and City Council FROM: City Attorney SUBJECT: Ordinance Relating to the Automatic Y~oratorium Aspects of Historic District Designation IN ^1RODUCTSON This report transmits for introduction a proposed ~~~ ~ ~ ordinance amending the automatic moratorium provision o` tLe Landmarks Commission ordinance. The Council directed the City Attorney to draft the proposed ordinance at its September 24, 1980 meeting, Item 13-I. BACKGROUND Section 9610 of the Santa r-lonica Municipal Code sets forth the procedures to be followed to designate an :iistoric district. Subsection E provides that, upor, determination by the Landmarks Co~~unission that an application for historic district designation merits formal consideration by it, any "alteration, restoration, construction, removal, relocation, or demolition" of a structure within the proposed district is prohibited. No exceptions to the moratorium are provided. In order to respond to those situations where the moratorium caould cause unwarranted hardship to an affected property owner and would lead to inequitable results, the Council ~T 2 ~ i98~ directed preparation of an ordinance which removes the automatic moratorium provision from tie Landmarks Commission ordinance. The proposed ordinance retains the moratorium, but permits two exceptions to it; first, for repairs or alterations which do not involve any detrimental change or modificatior. to the structure's exterior, and second, for actions which are necessary to remedy emergency conditions. As drafted, these Planning Director, and the Landmarks Commission on appeal, may. grant such an exception. These exceptions are similar to the provisions of Sections 9615 and 9616 of the Landmarks ordinance relating to those circumstances where no certificate of appropriateness is necessary to remedy an unsafe or dangerous condition or to perform ordinary maintenance or repair to a Landmark or a structure the Landmarks Commission as the attached memorandum indicates. ALTERNATIVES The Council may accept the ordinance as proposed, reject the ordinance and retain the present moratorium provision, or modify the ordinance further, as by postponing the effectiveness. of the moratorium until the Landmarks Commission makes its recom- mendation with respect to district designation to the City Council. KEC Ob1MENDAT I ON Although the above modification is suggested as a possibility by the Landmarks Commission, the City Attorney does not recommend that approach. It could easily result in a -2- "demolition derby" during the period between determination that an application merits formal consideration and transmittal of the Commission's recommendation to the Council in order to avoid being subject to the possible designation. That could diminish, if not negate, the meaning and value of the designation itself. It is respectfully recommended the City Council introduce this ordinance amending the automatic moratorium in order to prevent unwarranted hardships and inequitable results by providing exceptions for certain repairs or alterations and for unsafe or dangerous conditions. °repared by: Stephen Shane Stark, Acting City Attorney Bettylou Borovay, Deputy City Attorney -3- CITY PLANNING DEPARTMENT CITY OF SANTA MONICA M E M O RAM D U M DATE: October 21, 19S0 T0: The Honorable Citv Council FROM: The Landmarks Commission SUBJECT: Proposed changes to the Landmarks Ordinance By a unanimous vote with one member absent, the Landmarks Commission respectfully recommends to the City Council that in lieu of complete abolition of the moratorium in Section 9610E of the Landmarks Ordinance, it consider procedures whereby the Ordinance would be merely modified to include similar exemptions such as in Sections 96.15 for Unsafe or Dangerous Conditions and Section 9616 for Ordinary ;-Saintenance; and if deemed appropriate to postpone the effectiveness of the moratorium provision from the time at which a public hearing is set by the Landmar'.cs Commission to the time at which the Commission makes its recommendation to the City Council on the proposed historic district. ~~