1 URGENCY ORDINANCE NO. 22-0004-U
AN INTERIM ORDINANCE OF THE CITY OF MANHATTAN BEACH
EXTENDING URGENCY ORDINANCE NO. 22-0002-U AMENDING
THE MANHATTAN BEACH MUNICIPAL CODE TO CLARIFY
PROVISIONS FOR THE PRESERVATION OF HISTORIC
RESOURCES, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA
THE MANHATTAN BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Extension of Interim Ordinance. Ordinance No. 22 -0002-U, adopted on January 18, 2022, amended the Manhattan Beach Municipal Code to clarify provisions for the preservations of historic resources. Ordinance No. 22 - 0002-U is effective for an initial term of 45 days, until March 4, 2022. Ordinance No. 22-0002-U is hereby extended in full force and effect 10 months and 15 days to and including January 17, 2023.
Section 2. Section 10.86.030 (Definitions) of Chapter 10.86 of the Municipal Code is hereby amended to modify the definition of “Certificate of Appropriateness” as follows:
““Certificate of Appropriateness” means the permit granted on the finding by the Planning Commission or Director that an application to demolish, alter, or relocate a historic landmark or contributing resource as defined by this chapter is in accordance with the Secretary of the Interior's Stan dards for the Treatment of Historic Properties and other applicable criteria as provided in this chapter.”
Section 3. Section 10.86.15 0 (Certificate of Appropriateness — Requirement) of Chapter 10.86 of the Municipal Code is hereby amended to read as follows:
“Section 10.86.150 - Certificate of Appropriateness—Requirement.
A. Certificate Required. No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any historic landmark or contributing resource listed on the Register of Historic Resources unless the City has first issued a Certificate of Appropriateness in accordance with the requirements of this chapter. See also Section 10.86.180 regarding pending applications.
B. Exemptions. A Certificate of Appropriateness shall not be required for ordinary maintenance or repair or minor alterations or for projects that do not, by law, require issuance of a permit and do not involve a change of design, materials, or exterior appearance of the property.
2 C. Administrative Review. A Certificate of Appropriateness may be issued by the Director for work that requires issuance of a permit but does not involve a change of design, material, or appearance to character-defining features, nor the removal or obstruction of a character-defining feature, of a designated historic landmark or contributing property of a designated historic district. The Director shall approve, conditionally approve, or deny any application for a Certificate of Appro priateness for any of the following types of alterations:
1. Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fireplaces, accessory structures, or fencing.
2. Addition or deletion of awnings, canopies, and similar incidental appurtenances that do not alter the integrity of the historic landmark or contributing resource.
3. Minor additions of square footage (one hundred fifty (150) square feet or less), as determined by the Director, where such additions are on the rear elevation and not visible from the public right -of-way and would not remove, change, or obstruct any of the property's character-defining features.
4. Alterations previ ously identified in an adopted design guidelines plan for a historic district and designated in such guidelines for review through the plan check process and approved accordingly.
D. Commission Review. Applications for a Certificate of Appropriateness for wo rk that does not qualify for administrative review pursuant to paragraph C of this Section 10.86.150 shall be referred to the Commission.”
Section 4. Section 10.86.170 (Certificate of Appropriateness—Findings) of Chapter 10.86 of the Municipal Code is hereby amended to read as follows:
“Section 10.86.170 - Certificate of Appropriateness—Findings.
A. Standard Findings. A Certificate of Appropriateness shall be approved if the Commission or Director, as appropriate, makes all of the following findings:
1. The project will not cause a substantial adverse change in the significance of an historic landmark or contributing resource in accordance with the California Environmental Quality Act.
3 2. The project is consistent with the provisions of this chapter.
3. The project is consistent with the Secretary's Standards and any applicable design guidelines adopted by the City.
B. Additional Findings for Demolitions. In the case of a Certificate of Appropriateness to allow demolition of part or all of a historic landmark or contri buting resource, all of the following additional findings must be made.
1. The mandatory sixty (60) day waiting period has expired.
2. All efforts to restore, rehabilitate, or relocate the resource have been exhausted.
3. Restoration or rehabilitation would requ ire extensive alterations that would render the resource infeasible of preservation.
4. Failure to demolish the resource would adversely affect or detract from the character of the neighborhood.
5. The deterioration of the historic landmark or contributing resource is not the result of the failure of the owner to maintain the property in accordance with Section 10.86.140.”
Section 5. Section 10.86.190 (Sixty (60) Day Waiting Period for Demolition) of Chapter 10.86 of the Municipal Code is hereby amended to read as follows:
“Section 10.86.190 - Sixty (60) Day Waiting Period for Demolition.
Applications for a Certificate of Appropriateness for demolition of a historic landmark or contributing resource shall be subject to a sixty (60) day waiting period. During this period, the Director shall post a notice of the pending demolition permit in a location on the property that is visible from the nearest street (or in a similarly visible location adjacent to the property) and shall explore alternatives to demolitio n, including adaptive re -use and/or rehabilitation in accordance with the Secretary's Standards, application of the State Historic Building Code to allow for flexibility in code requirements in cases of adaptive reuse or rehabilitation, possible use of fin ancial incentives such as the Mills Act Tax Abatement program, relocation, resale, or other provisions as appropriate.”
Section 6. Effective Date. This Ordinance, adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the u rgency, and passed by a minimum 4/5 vote of the City Council, shall take effect immediately upon its adoption and shall amend and extend the effect of the Ordinance No. 22-0002-U
4 for a period of 10 months and 15 days. After notice pursuant to Government Code Section 65090 and a duly noticed public hearing, the City Council may extend the effectiveness of the Ordinance No. 22-0002-U for an additional one year period, as provided in Government Code Section 65858.
Section 7. Alleviation Measures Report. In accordance with California Government Code Section 65858(d), the City Council issued a written report on February 1, 2022, describing the measures taken to alleviate the condition that led to the adoption of the Ordinance No. 22-0002-U.
Section 8. Authority and Legislative Findings. Pursuant to Government Code Section 65858, the City Council may, to protect the public safety, health, and welfare, adopt, as an urgency measure, an interim ordinance that regulates certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time. In adopting Ordinance No. 22-0002-U, the City Council made a number of findings to support to adoption on an urgency basis. The Council hereby extends Ordinance No. 22-0002-U based upon those findings , which are incorporated by this reference, and the following findings. There is a potential for an immediate threat to public health, safety, and welfare from the continued implementation and enforcement of the Municipal Code’s existing historic preservation regulations, as a large number of properties without a historic landmark designation will remain subject to the complicated procedures that delay redevelopment of such properties and impose additional costs on property owners. Therefore, under the authority of Government Code Section 65858 and 36937(b) , the City Council seeks to establish interim objective standards to protect the public health, safety, and welfare, while the City continues to study the potential land use and public service impacts of more streamlined historic preservation regulations.
Section 9. California Environmental Quality Act Findings. The City Council determines that this O rdinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.). This Ordinance is not a “Project” as defined under Section 15378 of the State CEQA Guidelines, as the proposed changes pertain to applicability for administrative processes and do not permit any development; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, this Ordinance is not subject to CEQA, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 10. Internal Consistency. Any provisions of the Municipal Code, or any other resolution or ordinance of the City, to the extent that they are inconsistent with this Ordinance are hereby repealed, and the City Clerk shall make any necessary changes to the Municipal Code for internal consistency.
Section 11. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by
5 a decision of any court of any 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 th e Ordinance would be subsequently declared invalid or unconstitutional.
Section 12. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall constitute a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance.
PASSED, APPROVED and ADOPTED on March 1, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
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HILDY STERN
ATTEST: Mayor
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LIZA TAMURA
City Clerk
APPROVED AS TO FORM
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QUINN M. BARROW
City Attorney