O26431
City Council Meeting: July 14, 2020 Santa Monica, California
ORDINANCE NUMBER 2643 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING EMERGENCY INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE
NUMBER 2592 (CCS) AS EXTENDED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBERS 2599 AND 2626 (CCS) REVISING THE DEMOLITION
PERMIT REVIEW PROCESS RELATING TO THE PRESERVATION OF HISTORIC
RESOURCES
WHEREAS, historic preservation is a defining community value for the City of
Santa Monica (the “City”); and
WHEREAS, this value reflects the community’s consensus that the City’s unique
identity and character springs from its long and rich history; and
WHEREAS, the community’s present and future welfare depend, in part, upon
understanding the City’s history and evolution as a unique community; and
WHEREAS, retention and preservation of historic resources also promotes the
public health, safety and welfare by revitalizing neighborhoods and business districts,
enhancing the City’s economy, improving local aesthetics, and enriching the City’s
culture; and
WHEREAS, the Landmark and Historic District Ordinance of the City of Santa
Monica (the “Landmark Ordinance”) was first adopted in 1976 to protect improvements
and areas that represent elements of the City’s cultural, social, economic, political and
architectural history; safeguard the City’s heritage as it is embodied and reflected in such
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improvements and areas; foster civic and community pride; protect and enhance
aesthetics and attractions; and promote the education, pleasure and welfare of City
residents and visitors alike; and
WHEREAS, the City’s ongoing commitment to historic preservation was reaffirmed
in 2002 when the City Council adopted the Historic Preservation Element of the General
Plan, and again in 2010 when the City adopted the Land Use and Circulation Element of
the General Plan (“LUCE”); and
WHEREAS, in 2015, the City adopted a comprehensive Zoning Ordinance Update
which emphasized the City’s historic preservation priorities by including enhanced
protections and incentives for designated historic resources and potential historic
resources throughout the City; and
WHEREAS, reviewing buildings or structures 40 years of age or older to identify,
evaluate and preserve historic resources before they are lost to demolition is an essential
component of the City’s historic preservation program; and
WHEREAS, Santa Monica Municipal Code Chapter 9.25 sets forth a process for
review of such buildings or structures by the Landmarks Commission and provides that
no demolition of such buildings or structures shall be permitted for a period of 75 days
during which time an application for Landmark, Structure of Merit, or Historic District may
be filed; and
WHEREAS, in 2018, the City initiated a review of the demolition permit review
process, in part due to developments in judicial guidance; and
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WHEREAS, the City’s ongoing review of the demolition permit process and
evolutions in judicial guidance necessitated that the Landmarks Commission temporarily
forego reviewing demolition permits (the “suspension”); and
WHEREAS, since 2016, the City has received an average of 100 demolition permit
applications per year, all of which require review to determine potential historic
significance to ensure the City’s cultural heritage and history are preserved; and
WHEREAS, it is anticipated that the City will continue to receive demolition permit
applications at a similar rate; and
WHEREAS, during the suspension, at least 48 applications for demolition permits
were received, processed, and approved without any formal public review to determine
potential historic significance and the necessity of preservation; and
WHEREAS, this lack of review seriously impacted the City’s multi-decade effort to
scrupulously preserve and protect each of its historic resources; and
WHEREAS, during the suspension, the public, most prominently neighborhood
groups and other nonprofit organizations, were thrusted into taking on an increased role
in identifying potential historic resources; and
WHEREAS, while this increased role enhanced civic engagement and awareness
in the City’s historic preservation program, such a shift in responsibility resulted in a less
public and deliberative process for identification, evaluation and preservation of historic
resources; and
WHEREAS, even a single unintended demolition of a historic resource seriously
and irreparably harms the public welfare; and
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WHEREAS, on November 13, 2018, the City Council adopted Emergency Interim
Zoning Ordinance Number 2592 (CCS) (“Interim Zoning Ordinance 2592”) which
immediately adopted a revised process that sought to adequately protect the City’s
precious historic resources, retain a role for the Landmarks Commission, maintain a high
level of transparency and public participation, ensure clarity for property owners, balance
City resources across the historic preservation program, and comply with relevant legal
requirements; and
WHEREAS, the interim zoning regulations established by Interim Zoning
Ordinance 2592 require the Landmarks Commission to conduct a Historic Resources
Preliminary Review Hearing for each demolition permit application that proposes to
demolish a building or structure 40 years of age or older; and
WHEREAS, at the conclusion of the Historic Resources Preliminary Review
Hearing, the Landmarks Commission determines whether there is enough credible
evidence in the record to proceed with a further public hearing to determine whether the
building or structure meets the criteria for a Landmark or Structure of Merit; and
WHEREAS, if the Landmarks Commission determines that there is enough
credible evidence in the record to proceed to a further public hearing, the Landmarks
Commission is required to determine whether the building or structure meets the criteria
for Landmark or Structure of Merit (the “designation hearing”); and
WHEREAS, the interim zoning regulations established by Interim Zoning
Ordinance 2592 permit any person to file an application to designate a building or
structure as a Landmark or Structure of Merit within 75 days of the demolition permit
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application being determined complete, and if such an application is filed, the Landmarks
Commission shall conduct a designation hearing; and
WHEREAS, on January 8, 2019, pursuant to Santa Monica Municipal Code
Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance
Number 2599 (“Interim Zoning Ordinance 2599”) extending the interim zoning regulations
adopted by Interim Zoning Ordinance 2592 to November 13, 2019 to allow further study
of key issues and to monitor implementation of the revised review process before making
permanent changes to the Zoning Ordinance; and
WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606
(CCS), which made certain changes, corrections and amendments to the City’s Zoning
Ordinance, including the inclusion of a provision in Santa Monica Municipal Code Section
9.25.040(E) to allow the filing of demolition permit applications for 100% Affordable
Housing Projects concurrently with filing permit applications, provided that for properties
listed on the City’s Historic Resources Inventory, the Landmarks Commission had
conducted a Historic Resources Preliminary Review Hearing and determined that there
was not enough credible evidence to warrant a designation hearing; and
WHEREAS, in 2019, the City commenced a comprehensive update of the
Landmark Ordinance; and
WHEREAS, on November 12, 2019, pursuant to Santa Monica Municipal Code
Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance
Number 2626 (“Interim Zoning Ordinance 2626”) extending the interim zoning regulations
adopted by Interim Zoning Ordinance 2592 and extended by Interim Zoning Ordinance
2599 until November 13, 2021 to continue to monitor implementation of the revised review
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process and to allow further review of the interim procedures in conjunction with the
Landmark Ordinance update process before making permanent changes to the Zoning
Ordinance; and
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency
Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order which, in part, suspended planning
deadlines and automatic approvals, including deadlines for review of demolition permit
applications for buildings or structures 40 years of age and older as set forth in Interim
Zoning Ordinance 2626 (“demolition permit review deadlines”); and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a
Twelfth Supplement to the Executive Order tolling deadlines for reviewing and acting on
planning applications, exercising rights under planning entitlements, and expiration of
building permits, including demolition permit review deadlines; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order which, in part, superseded and replaced
Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth
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Supplement to extend for two years the deadlines for planning, review, and permit-related
actions, including demolition permit review deadlines; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, and June 9, 2020, the
City Council ratified the Executive Order, as well as the supplements to the Executive
Order in place at the time; and
WHEREAS, pursuant to the Executive Order, and applicable supplements thereto,
all demolition permit review deadlines have been extended and no demolition permits
have been issued for approximately 16 buildings or structures with pending applications
as of March 13, 2020; and
WHEREAS, the Landmarks Commission conducted a Historic Resources
Preliminary Review Hearing for approximately 13 of those applications, and the
Landmarks Commission determined that there was not enough credible evidence in the
record to proceed to a designation hearing; and
WHEREAS, since March 13, 2020, the City has received at least 16 applications
for demolition that have not been processed or reviewed for potential historic significance;
and
WHEREAS, the State is experiencing a housing supply crisis, with housing
demand far outstripping supply; and
WHEREAS, in response to the housing crisis, the City’s housing policy has been
focused on increasing and incentivizing the City’s housing supply; and
WHEREAS, after March 13, 2020, the City received certain demolition permit
applications for housing projects for which all necessary land use entitlements were
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issued prior to November 18, 2018, when the interim zoning regulations were first
enacted; and
WHEREAS, the economic impacts of the COVID-19 pandemic have devastated
nearly all of the City’s revenue streams, including sales tax, transient occupancy tax,
parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council
directed staff to develop a plan to restructure City operations to meet the challenges
posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the
“Restructuring Plan”) to: merge the Planning and Community Development Department
and Building and Safety, City Planning, Economic Development, and Mobility divisions
into the Community Development Department, and merge the Community & Cultural
Services Department and the Housing Division into the Community Services Department;
and
WHEREAS, on June 9, 2020, the City Council received the FY 2020-21 through
FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22
Proposed Biennial Capital Improvement Program (CIP) Budget; and
WHEREAS, the FY 2020-21 Proposed Budget reflects a 23.8% percent decrease
from the FY 2019-20 Revised Budget resulting from the economic crisis caused by the
COVID-19 pandemic; and
WHEREAS, as the community emerges from quarantine and looks to the City for
a return to service, including the continuation of programs that are being provided through
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the use of one-time funds, the City will require sustainable long-term sources of revenue
to maintain and protect essential services; and
WHEREAS, the City is pursuing three approaches to address this concern,
including increasing cost recovery through fees, public-private partnerships, and revenue
tax measures; and
WHEREAS, on June 9, 2020, the City Council approved City staff’s
recommendation regarding a restructured historic preservation program, including a
revised demolition permit review process to eliminate the Historic Resources Preliminary
Review Hearing but retain the designation hearing in the event a person files an
application to designate the building or structure as a Landmark or Structure of Merit; and
WHEREAS, this revised demolition permit review process will focus on increased
notification to the community regarding demolition applications and provide an opportunity
for the community to file applications for designation of buildings or structures as
Landmarks or Structures of Merit; and
WHEREAS, on June 9, 2020, the Council further directed staff to pursue several
proposed fee and waiver changes designed to increase cost recovery related to the City’s
historic preservation program, including a fee, charged to the demolition applicant, to
recover the cost of the consultant-prepared historic preservation assessment if an
application for designation is filed; and
WHEREAS, this fee structure will greatly reduce the cost to the community and
reduce one financial barrier to filing applications for properties that are at risk of being
demolished; and
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WHEREAS, on June 23, 2020, the City Council adopted the FY 2020-21 Operating
Budget, including the revised demolition permit review process, and a resolution revising
the City’s master fee schedule to establish the fee to recover the cost of consultant-
prepared historic preservation assessments if an application for designation is filed; and
WHEREAS, the City now desires to amend the interim zoning regulations adopted
by Interim Zoning Ordinance 2592 and extended by Interim Zoning Ordinances 2599 and
2626 to: eliminate the Historic Resources Preliminary Review Hearing; retain the 75-day
period in which individuals may file applications to designate a building or structure for
which demolition is sought as a Landmark or Structure of Merit; retain the Landmark
Commission’s authority to conduct a designation hearing whenever a person files an
application to designate a building or structure for which demolition is sought as a
Landmark or Structure of Merit; eliminate the ability to accept applications for 100%
Affordable housing projects prior to or concurrently with a demolition permit application
for properties on the Historic Resources Inventory; and provide deadlines for the
community to file applications to designate buildings and structures and Landmarks and
Structures of Merit for demolition permit applications that have not been processed due
to the COVID-19 public health emergency; and
WHEREAS, there continues to exists a current and immediate threat to the public
health, safety and welfare that requires maintaining the interim zoning regulations
established by Interim Zoning Ordinance 2592 and extended by Interim Zoning
Ordinances 2599 and 2626, except as amended by this Interim Zoning Ordinance,
because the revised demolition permit review process related to the preservation of
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historic resources ensures the City’s ability to properly identify, evaluate and preserve
historic resources before they are lost to demolition; and
WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to
preserve public peace, health, safety and welfare as it will ensure that buildings or
structures over 40 years of age are properly reviewed in accordance with the City’s
established goals of safeguarding the City’s historic, aesthetic and cultural heritage.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Effect on Previously Approved Projects and Projects in Progress.
The following projects that would otherwise be subject to the revised process set forth in
this Interim Zoning Ordinance shall have a vested right to proceed without complying with
this Interim Zoning Ordinance:
(a) Development Agreement. Development in accordance with the terms and
conditions of a development agreement that (i) includes specific provisions related to
demolition of buildings or structures that would otherwise be subject to review under this
Chapter 9.25 and (ii) has been approved by the City Council pursuant to Chapter 9.60 of
the Municipal Code, or predecessor legislation, on or prior to November 13, 2018.
(b) Demolition Permit Application. Any demolition permit application
determined complete on or before November 13, 2018.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code section
9.25.040 shall be revised, and sections 9.25.042, 9.25.044, and 9.25.046 shall be added,
as follows:
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9.25.040 Requirements
The City shall not approve the demolition of any building or structure unless the
applicant has complied with all of the following conditions:
A. A removal permit has been granted by the Rent Control Board, when
required.
B. For multi-unit dwelling structures or structures within a Neighborhood
Conservation Overlay District, the final permit to commence construction for a
replacement project has been issued, or the building or structure is exempt from this
requirement pursuant to Section 9.25.020 and a property maintenance plan has been
approved in writing by the Director.
C. Prior to filing an application for a demolition permit, a notice of intent to
demolish in a form provided by the Director has been prominently posted on the property.
D. A Certificate of Appropriateness or Economic Hardship has been approved
by the Landmarks Commission or City Council on appeal, for demolition of any City-
Designated Historic Resource.
E. In addition to any other requirements imposed by this Section, applications for
the demolition of a building or structure, the original permit for which was issued more
than 40 years before the date of filing of the demolition permit application, shall be subject
to the following requirements:
1. No permit shall issue for any application subject to this paragraph (E)
unless:
a. Notice has been provided in accordance with Section
9.25.042; and
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b. Either:
i. No person files an application pursuant to 9.25.044 to
designate the building or structure as a City-Designated Historic
Resource within the deadlines set forth in paragraph 2; or
ii. The City makes a final determination that the building
or structure does not merit designation as a City-Designated
Historic Resource pursuant to Section 9.25.046 or Section
9.56.130.
2. No person shall file an application pursuant to 9.25.044 to designate
the building or structure as a City-Designated Historic Resource later than the
deadlines set forth in this paragraph, unless the demolition permit expires.
a. Demolition permit applications determined complete on or
after July 15, 2020. No person shall file an application pursuant to 9.25.044
more than 75 days after the demolition permit application is determined
complete.
b. Demolition permit applications determined complete on or
before March 13, 2020 and pending as of July 14, 2020.
i. Except as provided in paragraph (ii), no person shall
file an application pursuant to 9.25.044 after September 28, 2020.
ii. Notwithstanding paragraph (i), no person shall file an
application pursuant to 9.25.044 after August 1, 2020 if the
Landmarks Commission conducted a Historic Resources
Preliminary Review Hearing in accordance with the interim
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zoning regulations in effect at the time the application was
determined complete, and the Landmarks Commission did not
determine that there was enough credible evidence to conduct a
hearing for potential designation of the building or structure as a
Landmark or Structure of Merit.
c. Demolition permit applications determined complete after
March 13, 2020 and before July 15, 2020.
i. Except as provided in paragraph (ii), no person shall
file an application pursuant to 9.25.044 after September 28, 2020.
ii. Notwithstanding paragraph (i), no person shall file an
application pursuant to 9.25.044 after August 1, 2020, if the City
issued all necessary land use entitlements for a proposed
multiple unit dwelling to be located on the property where the
building or structure is located prior to November 13, 2018, and
the building or structure to be demolished is not listed on the
City’s Historic Resources Inventory.
F. No planning application subject to review by the Planning
Commission, Architectural Review Board, or Zoning Administrator, shall be
accepted for filing unless the applicant has satisfied the requirements of subsection
E, as applicable. Notwithstanding the foregoing, the City shall accept applications
for 100% Affordable Housing Projects that involve the demolition of existing
buildings that do not appear on the City’s Historic Resources Inventory so long as
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a demolition permit application(s) for such building(s) is filed prior to or concurrently
with the permit application for the 100% Affordable Housing Project.
9.25.042 Noticing Requirements for Demolition of Buildings or Structures 40
Years of Age or Older
A copy of the filing materials for each demolition permit application that proposes
to demolish a building or structure for which the original permit was issued more than 40
years before the date of filing of the demolition permit application, consisting of a
completed application form, site plan, photograph(s) of the building or structure, photo
verification that the property has been posted with a notice of intent to demolish, and such
additional information the Director deems appropriate, shall be made available on the
City’s website and sent by email to any person who has requested notification from the
Director. All material submitted becomes the property of the City, may be distributed to
the public, and shall be made available for public inspection. At any time upon reasonable
request, and during normal business hours, any person may examine an application and
materials submitted in support of or in opposition to an application in the Planning Division
offices. Unless prohibited by law, copies of such materials shall be made available at a
reasonable cost.
9.25.044 Historic Resources Designation Application
Subject to the deadlines set forth in Section 9.25.040(E)(2), any person may file
an application on a form furnished by the Director to:
A. Designate the building or structure as a Landmark or Structure of Merit in
accordance with the procedures set forth in Section 9.25.046; or
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B. Form or amend a Historic District to include the building or structure
proposed for demolition in accordance with the procedures set forth in Section 9.56.130
of this Code.
9.25.046 Historic Resources Designation Hearing
If an application for designation as a Landmark or Structure of Merit is filed within
the deadlines set forth in Section 9.25.040(E)(2), the City shall conduct a review of the
application as follows:
A. Upon filing of an application for designation as a Landmark or Structure of
Merit under 9.25.044, any alteration, restoration, construction, removal, relocation or
demolition, in whole or in part, of or to the building or structure is prohibited. No permit
shall be issued by any City Department, board or commission, including, but not limited
to, a conditional use permit, a tentative tract map or tentative parcel map permit, a
development review permit, any Zoning Conformance permit, Architectural Review Board
approval, certificate of appropriateness permit, rent control permit, or building permit,
which would authorize any such alteration, restoration, construction, removal, relocation
or demolition until a final determination is rendered by the Commission, or the City Council
on appeal in accordance with this Section.
B. The hearing shall be scheduled within 100 days of the filing of a complete
application for Landmark or Structure of Merit under 9.25.044(A). The owner of the
building or structure may agree to extend the time period allowed for the Landmarks
Commission to conduct the public hearing.
C. The Director shall conduct an evaluation of the building, structure or
property and shall make a recommendation to the Landmarks Commission, to be
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reviewed at a Commission public hearing, as to whether the building or structure merits
designation as a Landmark or Structure of Merit.
D. Notice of the date, time, place and purpose of the Commission public
hearing shall be given not more than twenty days and not less than ten days prior to the
date of the hearing, as follows:
1. By at least one publication in a daily newspaper of general
circulation; and
2. By mail to the demolition permit applicant, the owner of the building
or structure, if not the same as the demolition permit applicant, all owners and
residential and commercial tenants of all real property within three hundred feet of
the exterior boundaries of the lot or lots on which the building or structure is
situated, and to residential and commercial tenants of the building or structure,
using for this purpose the names and addresses of such owners as are shown on
the records of the Los Angeles County Assessor. The address of the residential
and commercial tenants shall be determined by visual site inspection or other
reasonably accurate means. The failure to send notice by mail to any such real
property owner where the address of such owner is not a matter of public record
shall not invalidate any proceedings in connection with the Landmarks
Commission’s review of the demolition permit application.
E. At the conclusion of the public hearing, or any continuation thereof, the
Commission shall determine whether the building or structure meets the criteria for
designation as a Landmark, as set forth in Section 9.56.100 of this Code, or Structure of
Merit, as set forth in Section 9.56.080 of this Code, as follows:
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1. Any decision regarding the potential designation must be rendered
within 35 days of the date set for the initial public hearing.
2. If the Landmarks Commission determines that the building or
structure merits designation as a Landmark, then the building or structure shall be
so designated as a Landmark, and it shall be automatically determined that the
building or structure does not merit designation as a Structure of Merit. The
Landmarks Commission shall have the power to define and describe an
appropriate Landmark Parcel in order to protect and preserve the resource, and to
designate public spaces in accordance with Section 9.56.110 of this Code.
3. If the Landmarks Commission determines that the building or
structure merits designation as a Structure of Merit, then the building or structure
shall be so designated as a Structure of Merit, and it shall be automatically
determined that the building or structure does not merit designation as a
Landmark.
4. If the Landmarks Commission fails to take action regarding the
potential designation of a Landmark or Structure of Merit within the thirty-five day
period, it shall be automatically determined that the building or structure does not
merit designation as a Landmark or Structure of Merit.
5. The owner of the building or structure may agree to extend the time
period for the Landmarks Commission to conclude the public hearing.
6. An appeal to the City Council of an action taken or failure to act by
the Landmarks Commission pursuant to this Section shall be processed in
accordance with Section 9.56.180 of this Code.
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F. The Landmarks Commission shall have the power, after a public hearing,
whether at the time it renders a decision to designate a building or structure as a
Landmark or Structure of Merit, or at any time thereafter, to specify the nature of any
alteration, restoration, construction, removal, relocation or demolition of or to a Landmark,
Landmark Parcel or Structure of Merit which may be performed without the prior issuance
of a Certificate of Appropriateness pursuant to Chapter 9.56. The Landmarks Commission
shall also have the power, after a public hearing, to amend, modify or rescind any
designation decision and any specifications made pursuant to this paragraph.
G. Subject to the appeal rights set forth in this Section, a decision of the
Landmarks Commission to designate a building or structure as a Landmark or Structure
of Merit shall be in full force and effect from and after the date of the rendering of such
decision by the Landmarks Commission.
H. Within thirty-five days after a decision has been rendered, the Landmarks
Commission shall approve a statement of official action which shall include:
1. A statement of the applicable criteria and standards against which
the building or structure was reviewed for designation;
2. A statement of the facts that establish compliance or non-compliance
with each applicable criteria and standards;
3. The reasons for a determination to approve or deny the application;
and
4. The decision to deny or approve with or without conditions and
subject to compliance with applicable standards.
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The official owner of the designated Landmark or Structure of Merit shall be provided with
a copy of the statement of official action using for this purpose the name and address of
such owner as is shown in the records of the Los Angeles County Assessor.
I. Whenever the Landmarks Commission or the City Council on appeal
determines, through action or inaction, that a building or structure reviewed pursuant to
this Section does not merit designation as a Landmark or Structure of Merit, no application
seeking designation as a City-Designated Historic Resource containing substantially the
same information shall be filed, nor shall the building or structure be subject to the noticing
set forth in Section 9.25.042, or review set forth in Section 9.25.046, within five years of
the date of the final City decision. However, if significant new information is available, the
Landmarks Commission, may waive the time limit by resolution. In addition, an application
of the owner of the building or structure seeking designation as a City-Designated Historic
Resource may be submitted and considered notwithstanding this five-year limitation
period.
SECTION 3. In accordance with CEQA Guidelines Section 15061(b)(3), this
Interim Zoning Ordinance is exempt from CEQA as it can be seen with certainty that the
proposed ordinance does not have the potential to significantly impact the environment.
The determination is based on the record as whole, which includes, but is not limited to,
evidence that this Interim Zoning Ordinance represents a temporary change to
procedures for review of demolition permits for buildings over 40 years old in order to
identify and protect historic resources that is administrative in nature and does not change
any policy decisions made by the City Council in adopting the Zoning Ordinance, and no
adverse physical impacts on the environment would occur as a result of these changes.
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Thus, this Interim Zoning Ordinance has no potential to cause a significant effect on the
environment.
SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. 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 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 6. This Ordinance is declared to be an urgency measure necessary for
preserving the public peace, health, safety or welfare, adopted pursuant to the provisions
of Section 615 of the Santa Monica City Charter. As set forth in the findings above and in
the November 13, 2018, January 9, 2019, November 12, 2019, and July 14, 2020 staff
reports, this Ordinance is necessary for preserving the public peace, health, safety, and
welfare. As an urgency measure, this Ordinance will be effective immediately upon
adoption.
SECTION 7. 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
DocuSign Envelope ID: 5DD8B733-483D-43EB-98D5-769D1710F550
22
newspaper within 15 days after its adoption. This Ordinance shall become effective
immediately upon adoption.
SECTION 8. This Ordinance shall be of no further force or effect as of November
13, 2021, unless it is otherwise extended pursuant to Santa Monica Municipal Code
Section 9.46.090(C).
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: 5DD8B733-483D-43EB-98D5-769D1710F550
Approved and adopted this 14th day of July, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2643 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on February 25,
2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2643 (CCS) was duly published pursuant to California
Government Code Section 40806.
DocuSign Envelope ID: 5DD8B733-483D-43EB-98D5-769D1710F550
7/24/2020