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.
~~