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OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY REPORT NO. R07-0364 OCT 1 0 2007 REPORT RE: DRAFT OF ORDINANCE IMPOSING INTERIM REGULATIONS ON THE ISSUANCE OF BUILDING AND DEMOLITION PERMITS IN A PORTION OF THE WILSHIRE COMMUNITY PLAN AREA WITHIN THE PROPOSED COUNTRY CLUB PARK HISTORIC PRESERVATION OVERLAY ZONE The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California 90012 Council File No. 06-2368 CPC No. 2007-2707-ICO - not transmitted Honorable Members: We are transmittng to you for your action, approved as to form and legality, a final draft ordinance that would impose interim regulations prohibiting the issuance of building and demolition permits in a portion of the Wilshire Community Plan area within the proposed Country Club Park Historic Preservation Overlay Zone (HPOZ) generally bounded by Olympic Boulevard to the north, Western Avenue to the east, Pico Boulevard to the south, and Crenshaw Boulevard to the west, but excluding the commercially zoned properties along Olympic, Pica, and Crenshaw Boulevards, and Western Avenue. Charter Findinqs Pursuant to Charter Section 559, the Director of Planning has approved this draft ordinance on behalf of the City Planning Commission and recommended that the City Council adopt it. Should the City Council adopt this ordinance, it may comply with the provisions of Charter Section 558 by either adopting the findings of the Director of Planning as set forth in her report dated October 9, 2007, or by ma(ì its own findings. 1 2 2007 PLANNING & LAND USE MANAGEMENT AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAl N STREET. LOS ANGELES, CA 90012-4131 . 213.978.8100 . 213.978-8310 TOO '2~_(~~,~y ~. OQ fiP.;YClableand'lladefrO'llrOCCledwasle'~7!

OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO R07 …clkrep.lacity.org/onlinedocs/2006/06-2368_rpt_atty_10-10-07.pdf · Council File No. 06-2368 CPC No. 2007-2707-ICO - not transmitted

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Page 1: OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO R07 …clkrep.lacity.org/onlinedocs/2006/06-2368_rpt_atty_10-10-07.pdf · Council File No. 06-2368 CPC No. 2007-2707-ICO - not transmitted

OFFICE OF THE CITY ATTORNEYROCKARD J. DELGADILLO

CITY ATTORNEY

REPORT NO. R07-0364OCT 1 0 2007

REPORT RE:

DRAFT OF ORDINANCE IMPOSING INTERIM REGULATIONS ON THE ISSUANCEOF BUILDING AND DEMOLITION PERMITS IN A PORTION OF THE WILSHIRECOMMUNITY PLAN AREA WITHIN THE PROPOSED COUNTRY CLUB PARK

HISTORIC PRESERVATION OVERLAY ZONE

The Honorable City Councilof the City of Los Angeles

Room 395, City Hall200 North Spring StreetLos Angeles, California 90012

Council File No. 06-2368CPC No. 2007-2707-ICO - not transmitted

Honorable Members:

We are transmittng to you for your action, approved as to form and legality, afinal draft ordinance that would impose interim regulations prohibiting the issuance ofbuilding and demolition permits in a portion of the Wilshire Community Plan area withinthe proposed Country Club Park Historic Preservation Overlay Zone (HPOZ) generallybounded by Olympic Boulevard to the north, Western Avenue to the east, PicoBoulevard to the south, and Crenshaw Boulevard to the west, but excluding thecommercially zoned properties along Olympic, Pica, and Crenshaw Boulevards, andWestern Avenue.

Charter Findinqs

Pursuant to Charter Section 559, the Director of Planning has approved this draftordinance on behalf of the City Planning Commission and recommended that the CityCouncil adopt it. Should the City Council adopt this ordinance, it may comply with theprovisions of Charter Section 558 by either adopting the findings of the Director ofPlanning as set forth in her report dated October 9, 2007, or by ma(ì its own findings.

1 2 2007

PLANNING & LANDUSE MANAGEMENT

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER200 NORTH MAl N STREET. LOS ANGELES, CA 90012-4131 . 213.978.8100 . 213.978-8310 TOO

'2~_(~~,~y ~.

OQfiP.;YClableand'lladefrO'llrOCCledwasle'~7!

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The Honorable City Councilof the City of Los Angeles

Page 2

CEQA Findinqs

Regarding a finding pursuant to the California Environmental Quality Act (CEQA),the Department of Planning determined that the proposed ordinance is exempt fromCEQA, pursuant to Article 19, Section 15308, Class 8, of the CEQA Guidelines, which"consists of actions taken by regulatory agencies, as authorized by state or localordinance, to assure the maintenance, restoration, enhancement, or protection of theenvironment where the regulatory process involves procedures for protection of theenvironment." The proposed Interim Control Ordinance will place a temporaryprohibition on construction activities that could result in incompatible alterations andnew construction or demolition of irreplaceable historic structures in the Country ClubPark neighborhood. Ultimately, these construction activities could jeopardize CountryClub Park's eligibility for Historic Preservation Overlay Zone (HPOZ) status. Thus, theuse of Categorical Exemption Class 8 from the State CEQA Guidelines for the InterimUrgency Ordinance is consistent with other California jurisdictions, which find that theregulations placed upon historic districts is necessary for the protection of theenvironment and will make sure that maintenance, repair, restoration, and rehabilitationdoes not degrade the historic resource. Moreover, the Department of Planning hasfurther determined that the proposed ordinance is also exempt from CEQA pursuant toArticle II, 2(m) of the City's CEQA Guidelines in that it is only a temporary measure toprotect the historic and culturally significant buildings in the Country Club Parkneighborhood until appropriate land use regulatory controls or an HPOZ becomeseffective. If the City Council concurs, it must make this finding prior to or concurrentwith its action on the ordinance.

Summary of Ordinance Provisions

The enactment of the interim regulations is necessary to protect grand mansions,older homes, bungalows and apartment buildings from the 190s and 1920s in a varietyof historically and architecturally significant styles, including Spanish Colonial, Tudor,and Colonial Revivial, Craftsman, and Queen Anne.

The draft ordinance enacts interim regulations prohibiting the issuance of anybuilding or demolition permit for the construction, demolition, erection, alteration of, oraddition to, any building or structure, including the removal of an exterior feature of anybuilding or structure. The ordinance does not prohibit interior remodeling that does notaffect any exterior feature. The draft ordinance further provides for a project permitprocess for owners of multi-family dwellings applying for a demolition permit. Thisprocess requires the Director of Planning to approve, conditionally approve, ordisapprove an application for a demolition permit after considering whether the impactof the proposed demolition will adversely impact the historic, architectural and/or culturalcharacter of the building or structure or the integrity of the proposed HPOZ. Anydemolition approved pursuant to the ordinance is subject to compliance with theCalifornia Environmental Quality Act. The ordinance also provides that it is not intended

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The Honorable City Councilof the City of Los Angeles

Page 3

to abrogate any rights granted pursuant to Government Code section 7060 et seq. (theEllis Act).

The draft ordinance would be in effect for 365 days from its effective date andallows two additional six-month extensions. The ordinance also contains an urgencyclause.

Council Rule 38 Referral

A copy of the final draft ordinance was sent, pursuant to Council Rule 38, to theDepartment of Building and Safety. We requested the Department to report itscomments directly to you.

If you have any questions, please feel free to contact Deputy City Attorney TerryKaufmann Macias at (213) 978-8248. She or another member of this staff will beavailable to answer any questions you may have when you consider this matter.

Sincerely,

ROCKARD J. DELGADILLO, City Attorney

By ~~~~L~Special Counsel - Municipal

CC/TKM:pjTransmittal

M:\Real Prop_Env_Land Use\Land Use\Terry K. Macias\Report to Council Letters\Country Club Park ICO.doc

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DEPARTMENT OF

CITY PLANNING200 N. SI'RING STREET, ROOM 525

Los ANCtlcS, CA 90012-480lAND

6262 VAN NUYS BlVD, SUiTe :~51VAN NUYS, CA 91401

~ITY OF Los ANGELE.CALIFORNIA EXECUTIVE OFFICES

ury PLANNINC COMMISSION

J/\NE. eLLISON USHERP~(SIUlNI

WILLIAM RoseHeNVICE-PRfSIDE'-T

LJleGO CARLJOSOReGINA M. ~RteR

ROßIN R. IIUGIIESSAIWI NA KAY

fR_ SPENCER 1. KEZIOSCINDY MONTAÑF?MICHAeL K. woo

GABRieLe WILLIAMSLO"1,'VISSIO,"" FXECL;TIVEASSISTA,'-T

(21:)978-1300

S. CAll COLDß(RG, Aiei'LlI~iciOR

(213) 978-1271

E.VA YUA'--Mr:OANIELDFPUTYDIRFCTOR

(213) 978-1273

fAX: (213) 978-1275

MAYOR

IMORMA liON:21:)978-1270

www_planning_lacity.orgANTONIO R. VILLARAICOSA

October 9, 2007 Council File No. 06-2368 (not transmitted)CPC File No. 2007-2707 ICO (not transmitted)

The Honorable Rockard J. DelgadilloCity Attorney of the City of Los AngelesCity Hall East, Room 700Los Angeles, CA 90012

Attention: Terry Kaufmann-Macias, Deputy City Attorney

Re: An Interim Control Ordinance to Temporarily Regulate the Issuance of Building andDemolition Permits within the Proposed Country Club Park Historic PreservationOverlay Zone.

Honorable City Attorney Delgadillo:

At its meeting on June 28, 2007, the City Planning Commission recommended that the CityCouncil approve a draft of an Interim Control Ordinance to impose temporary regulations on theissuance of building and demolition permits within the proposed Country Club Park HistoricPreservation Overlay Zone (HPOZ). On August 15, 2007, the City Council referred thisordinance to the City Attorney for review.

Enclosed please find a final draft of the ordinance prepared by the City Attorney. This version ofthe Interim Control Ordinance is essentially the same as approved by the City PlanningCommission on June 28, 2007, except for the addition of some minor clarifying language andtechnical corrections regarding the applicability of the Ellis Act.

Findinqs

1. In accordance with Charter Sections 556 and 558, the subject ordinance is insubstantial conformance with the purposes, intent and provisions of the City'sGeneral Plan, and all applicable provisions of the Los Angeles Municipal Code(LAMC).

The subject Interim Control Ordinance is in substantial conformance with the purposes,intent and provisions of the General Plan and is in conformity with public necessity,convenience, general welfare and good zoning practice in that it provides protections tothe historic and culturally significant buildings in the proposed Country Club Park HPOZuntil appropriate land use regulatory controls become effective.

~~~~8 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER ~

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The proposed ordinance is also consistent with the following objectives of the WilshireCommunity Plan (a land use element of the General Plan adopted September, 2001) inthat it imposes temporary prohibitions on the issuance of building permits for theaddition, alteration, construction, demolition, reconstruction, rehabilitation, relocation,removal or restoration of the exterior of any building, structure, landscaping, naturalfeature, or lot in order to preserve the unique residential character of the Country ClubPark neighborhood and its important historic and cultural resources.

Objective 1-3: Preserve and enhance the varied and distinct residential character andintegrity of existing residential neighborhoods.

Policv: Support historic preservation goals in neighborhoods of architectural meritand/or historic significance.

Proqram: Develop Historic Preservation Overlay Zones for the WindsorSquare and Hancock Park neighborhoods, and other neighborhoods asappropriate including the Miracle Mile and Beverly-Fairfax neighborhoods,with community involvement and support.

Obiective 17-1: Ensure that the Wilshire Community's historically significant resourcesare protected, preserved, and/or enhanced.

Policv: Encourage the preservation, maintenance, enhancement and reuse ofexisting historic buildings and the restoration of original facades.

Objective 17-2: Preserve and enhance neighborhoods having a distinctive andsignificant historical character

Policv: Continue to identify and document Wilshire Community Plan Area Culturaland Historical Monuments.

Proqram: Continue to apply the City's zoning regulations, which providefor the documentation and establishment of Historic Preservation OverlayZones.

Obiective 17-3: Encourage private owners of historic resources to maintain andenhance their properties in a manner that will preserve the integrity of such resources.

Policy: Assist private owners of historic resources to maintain and enhance theirproperties in a manner that will preserve the integrity of such resources.

Proqram: Support the creation and implementation of Hancock Park,

Windsor Square, and other areas of architectural or historical significanceas historic districts under the Planning Department's HPOZ program.

2. In accordance with Charter Section 558 (b) (2), the subject ordinance is inconformance with public necessity, convenience, general welfare and goodzoning practice in that it preserves a culturally and historically significantneighborhood and limits the adverse impacts on development incompatible withthe surrounding area by imposing temporary regulations on the issuance ofbuilding and demolition permits.

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Country Club Park was the original 250-acre home of the Los Angeles Country Clubfrom 1899 through 1905. In 1906, the Los Angeles Country Club was moved to

Hancock Park and Country Club Park was purchased by real estate developer IsaacMilbank, who subdivided the land into spacious lots with spectacular views of the hills tothe north. The hilltop properties known as Westchester Gardens, bordered byWestchester, Arlington and Country Club Drive, were subdivided in 1912. On this landstood four grand mansions: the Isaac Milbank (1913); the Marsh (1913, laterdemolished); the Reeves (1913); and the Rosenheim (1915). Most of the homes andbuildings in the area date from the teens and twenties and were largely built in one of thePeriod Revival styles, such as Spanish Colonial, Mediterranean, Colonial, and Tudor;Craftsman; or Queen Anne. Country Club Park is also distinguished by its broad treelined streets with palm and cedar trees

The proposed ICO boundaries were originally established as a result of a City CouncilMotion adopted on October 3, 2006. These boundaries comprise over 30 continuous

residential blocks, which are zoned Low I, Low II, Low Medium I, and MediumresidentiaL. The proposed Interim Control Ordinance (ICO) is generally bounded byOlympic Boulevard to the north, Western Avenue to the east, Pico Boulevard to thesouth, and Crenshaw Boulevard to the west, but excluding the commercially zonedproperties along Olympic, Pico, Crenshaw, and Western.

The need for such an ordinance is demonstrated by the fact that a staggering 337building permits have been issued since 1996 including the removal and replacement ofwindows, sandblasting of stucco, removal of wood siding, and filling in of window anddoor openings, all of which could compromise the historic integrity of a structure.Moreover, eight demolition permits resulting in the demolition of seven (7) single familydwellings, and a two-story apartment building have already been issued in Country ClubPark. A delay in the implementation of this ordinance could result in a window of timeduring which building and demolition permits could be issued, which could result in thecontinued loss or major alteration of important historic structures.

In spite of these recent development trends, Country Club Park still is an importanthistoric and cultural resource to the City, retaining much of its original design features,including its street pattern, the size, scale, and architectural integrity of many of thehistoric homes, and mature landscaping. The neighborhood is home to six CityHistoric/Cultural Monuments including the Milbank, Rosenheim, and Rives mansions,the Wilshire Ward Chapel, CA Fellows Residence, and Horatio Cogswell House.Without protection, Country Club Park will continue to be susceptible to re-developmentresulting in the loss of irreplaceable buildings and damaging the unique historiccharacter of the neighborhood.

3. Environmental Impact

The proposed Interim Control Ordinance (ICO) is exempt from the CaliforniaEnvironmental Quality Act of 1970 (CEQA), exempt from CEQA pursuant to Article 19,Section 15308, Class 8, which "consists of actions taken by regulatory agencies, asauthorized by state or local ordinance, to assure the maintenance, restoration,

enhancement, or protection of the environment where the regulatory process involvesprocedures for protection of the environment". The proposed Interim Control Ordinancewill place a temporary on construction activities that could result in incompatiblealterations and new construction or the demolition of irreplaceable historic structures in

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the Country Club Park neighborhood. Ultimately these construction activities couldjeopardize Country Club Park's eligibility for Historic Preservation Overlay Zone (HPOZ)status. Thus, the use of Categorical Exemption Class 8 from the State CEOAGuidelines for the Interim Urgency Ordinance is consistent with other Californiajurisdictions, which find that the regulations placed upon historic districts is necessary forthe protection of the environment and will make sure that maintenance, repair,restoration, and rehabilitation does not degrade the historic resource. Moreover, theproposed Interim Control Ordinance is exempt from the City's CEOA Guidelines

pursuant to Article II Section 2 (m) in that it is only a temporary measure to protect thehistoric and culturally significant buildings in the proposed Country Club Parkneighborhood until appropriate land use regulatory controls or an HPOZ becomeseffective.

Charter Section 559

For the foregoing reasons and as provided under the authority of Charter Section 559 and CPCCase No. CPC-2007-2707, I find that my action conforms to all the applicable portions of theGeneral Plan and the June 28, 2007 action of the City Planning Commission. Therefore, Iapprove this ordinance (attached) and recommend that it be adopted by the City CounciL.

Sincerely,

S. GAIL GOLDBERG, AICPDirector of Planning

: ,-ç ~DAVID GAYPrincipal Planner

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ORDINANCE NO.

An ordinance imposing interim regulations on the issuance of building anddemolition permits in a portion of the Wilshire Community Plan (Community Plan) areawithin the proposed Country Club Park Historic Preservation Overlay Zone (HPOZ)generally bounded by Olympic Boulevard to the north, Western Avenue to the east, PicoBoulevard to the south, and Crenshaw Boulevard to the west, but excluding thecommercially zoned properties along Olympic, Pico, and Crenshaw Boulevards, andWestern Avenue.

WHEREAS, the City Council on October 3, 2006, instructed the Department ofCity Planning to initiate proceedings to establish a Historic Preservation Overlay Zone(HPOZ) in accordance with Los Angeles Municipal Code Section 12.20.3, which permitsthe creation of an HPOZ in any area of the City that contains structures, landscaping,natural features, or sites having historic, architectural, cultural or aesthetic significance;and

WHEREAS, the Plan Area encompasses over 30 continuous residential blocks ofgrand mansions, older homes, bungalows, and apartment buildings from the 1910s and1920s in a variety of historically and architecturally significant styles, including SpanishColonial, Tudor, and Colonial Revival, Craftsman, and Queen Anne; and

WHEREAS, the articulated objectives and policies of the Wilshire CommunityPlan, which was revised in September 2001, include the protection and enhancement ofthe varied and distinct residential character and integrity of existing residentialneighborhoods, and support for historic preservation goals in neighborhoods ofarchitectural merit and historic significance; and

WHEREAS, property speculation due to increased home values has resulted ininsensitive remodels and demolitions in order to accommodate large-scale construction,which is incompatible with the adjacent properties and surrounding neighborhood; and

WHEREAS, approximately 330 permits affecting exterior features of buildingsand structures, and eight demolition permits have been issued in Country Club Parksince 1996, and continued development could jeopardize the neighborhood's eligibilityfor HPOZ status and irreversibly change its unique character; and

WHEREAS, knowledge of the proposed Country Club Park HPOZ mayencourage owners and developers to obtain a greater number of building anddemolition permits prior to the adoption of the appropriate regulatoiy contïOls, effectivelyaccelerating the destruction of historically and architecturally significant structures andthe Plan Area neighborhood; and

WHEREAS, the proposed interim control ordinance is consistent with the goalsand objectives of the General Plan's conservation, land use, and housing elements toprotect important historic resources and conserve the character of existing

1

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neighborhoods in that it would prevent the loss or degradation of irreplaceablehistorically and culturally significant structures and protect the Plan Area fromdevelopment that is inconsistent with the intent of the proposed Country Club ParkHPOZ; and

WHEREAS, delaying the implementation of this ordinance could result in thecontinuation of the trend toward development that is irreversible and inconsistent withthe objectives of the Community Plan, and will further impact the quality of life in thePlan Area; and

WHEREAS, it is urgent to immediately prevent the alteration, demolition, and re-development of these historically, culturally and architecturally important resources inthe Country Club Plan Area until a Historic Preservation Overlay Zone or otherappropriate land use regulatory control can be adopted; and

WHEREAS, nothing in this interim control ordinance is intended to abrogate anyrights granted pursuant to Government Code Section 7060 et seq. (the Ellis Act).

NOW THEREFORE,

THE PEOPLE OF THE CITY OF LOS ANGELESDO ORDAIN AS FOLLOWS:

Section 1. DEFINITON. The following term, whenever used in this ordinance,shall be construed as defined in this section. Words and phrases not defined here shallbe construed as defined in Los Angeles Municipal Code (LAMC) Section 12.03

PROJECT means the construction, demolition, erection, alteration of, oraddition to, any building or structure, or removal of an exterior feature of anybuilding or structure on any lot located in whole or in part in the area identified inSection 3 of this ordinance. The term Project shall not include interiorremodeling, which does not affect any exterior feature.

Sec. 2. PROHIBITION. Notwithstanding any provision of the LAMC to thecontrary, for a period of 365 days from the effective date of this ordinance, or until aHistoric Preservation Overlay Zone (HPOZ) or other appropriate land use regulatorycontrol for the Plan Area as shown on the map identified in Section 3 of this ordinance isadopted by the City Council and becomes effective, whichever comes first:

No building or demolition permit for a Project shall be issued.

The prohibition contained in this ordinance does not abrogate any rights grantedpursuant to Government Code Section 7060 et seq. (the Ellis Act).

2

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Sec. 3. INTERIM CONTROL AREA. The provisions of this ordinance shallapply to any lot located whole or in part within the Plan Area, except those lots that arecommercially zoned, as shown on the following map:

3

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Sec. 4. EXCEPTIONS. The prohibition specified in Section 2 of this ordinanceshall not apply to any Project for which a building permit or demolition permit is required:

A. To comply with an order issued by the Department of Building and Safety or theHousing Department to repair, remove or demolish an unsafe or substandard condition;or

B. To rebuild as a result of destruction by fire, earthquake or other natural disaster,provided that the development is not prohibited by any provision of the LAMC; or

C. To proceed with an application for which architectural and structural plans sufficientfor a complete plan check were accepted by the Department of Building and Safety onor before the effective date of this ordinance; and

1. A plan check fee was paid prior to the effective date of the ordinance; and

2. No subsequent changes are made to the plans, which increase or decreasethe height, floor area or occupant load by more than five percent, or change theuse, or if any changes violate the planning and zoning regulations of Chapter 1 ofthe LAMC in force on the date the plan check fee was paid; or

D. To proceed with an application for which the Department of Building and Safetycomplied with LAMC Section 91.1064.5 prior to the effective date of this ordinance; or

E. To proceed with a Project Permit that has been obtained pursuant to Section 5 ofthis ordinance; or

F. To proceed with routine maintenance, landscaping, installation of rear yardswimming pools and/or spas, rear and side yard fencing, re-roofing of the samematerials, minor exterior repair work, or in-kind replacement that does not change adefining exterior architectural feature as determined by the Department of City Planning(Department).

Sec. 5. PROJECT PERMIT.

A. Applications. An owner of a multi-family dwelling who has applied for a demolitionpermit must first obtain a Project Permit pursuant to this section The applicant shallcomplete the application for the Project Permit, pay the required fee and file theapplication with the Department on a form provided by the Department.

B. Director Determination. The Director of Planning (Director) shall have the authorityto approve, conditionally approve or disapprove an application after considering whetherthe impact of the proposed Project Permit will adversely impact the historic, architecturaland/or cultural character of the building or structure or the integrity of the proposedHPOZ and after determining compliance with the California Environmental Quality Act.

5

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C. Time to Act. The Director shall render his or her determination on the applicationwithin 75 days of the date the application is deemed complete, or within an extendedperiod as mutually agreed upon in writing by the applicant and the Director.

Any decision of the Director may be appealed to the Area Planning Commissionpursuant to LAMC Section 12.20.3.N.

Sec. 6. EXTENSION OF REGULATIONS. The City may, by resolution, extendthe provisions of this ordinance for two additional six-month periods not to exceed oneyear so long as the City Council makes the following finding That the appropriate Cityagencies and officials are exercising due diligence to assure that the HPOZ orappropriate land use regulatory control for the Plan Area is being expeditiouslyprocessed.

Sec. 7. HARDSHIP EXEMPTIONS. The City Council, acting in its legislativecapacity, may by resolution, grant an exemption from the provisions of this ordinance incases of extreme hardship duly established to the satisfaction of the City CounciL. Anapplication for hardship exemption shall be filed with the City Clerk on forms providedby the Department.

Sec. 8 APPLICABILITY OF THE ZONING CODE. The regulations of thisordinance are in addition to those set forth in the planning and zoning provisions ofChapter 1 of the LAMC and any other ordinances and do not contain any rights nototherwise granted under the provisions and procedures contained in that chapter or anyother ordinances.

Sec. 9 SEVERABILITY. If any provision of this ordinance is found to beunconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidityshall not affect the remaining provisions of this ordinance, which can be implementedwithout the invalid provision, and, to this end, the provisions of this ordinance aredeclared to be severable.

Sec. 10. URGENCY CLAUSE. The City Council finds and declares that thisordinance is required for the immediate protection of the public peace, health and safetyfor the following reasons: The Plan Area retains many of its original design features,including its street pattern, the size, scale, and architectural integrity of many of itshistoric buildings, including six designated City Historic-Cultural Monuments, andmature landscaping, making it an important City resource worthy of preservation. Inrecent years, escalating property values and increased development pressure have ledto quick remodeis and large-scaie additions, which are out of scale and incompatiblewith the historic character of the neighborhood. This development pressure has alsoresulted in the issuance of eight demolition permits in order to make way for newmodern construction with details and massing that are incompatible with the PeriodRevival, Craftsman, and Queen Anne architecture that characterizes the Plan Area.Particularly vulnerable to this re-development are the more modest bungalows withproperty values that have more than doubled in less than five years, and the multiple-

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family zoned lots that are improved with historic single-family residences.Approximately 330 permits have been issued since 1998, for work involving the exteriorfeatures of various buildings and structures In spite of these recent developmenttrends, Country Club Park remains an important historic and cultural resource to theCity, as the former site of the Los Angeles Country Club and one of the best preservedneighborhoods in the City. However, without protection Country Club Park will continueto be susceptible to re-development, as evidenced by the numerous building permitsissued in recent years, resulting in the loss of irreplaceable historically andarchitecturally significant buildings and damaging the unique historic character of thePlan Area. The immediate enactment of this ordinance would prevent the alteration anddemolition of historically and architecturally significant buildings and limit developmentthat is inconsistent with the Plan Area neighborhood. For all of these reasons, theordinance shall become effective upon publication pursuant to Los Angeles City CharterSection 253.

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Sec. 11. The City Clerk shall certify to the passage of this ordinance and have itpublished in accordance with Council policy, either in a daily newspaper circulatedin the City of Los Angeles or by posting for ten days in three public places in the City ofLos Angeles: one copy on the bulletin board located at the Main Street entrance to theLos Angeles City Hall; one copy on the bulletin board located at the Main Streetentrance to the Los Angeles City Hall East; and one copy on the bulletin board locatedat the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City ofLos Angeles, by a vote of not less than three.fourths of all of its members, at itsmeeting of

FRANK T. MARTINEZ, City Clerk

ByDeputy

Approved

Mayor

Approved as to Form and Legality Pursuant to Charter Section 559, I approvethis ordinance on behalf of the CityPlanning Commission and recommend thatit be adopted.

ROCKARD J. DELGADILLO, City AttorneyOctober 9, 2007

B~fl ~... Á,TE P. KA F NN MACIAS

eputy City Attorney

See attached report.

1:- - /

pc;

Date:

File No(s). CF 06-2368; CPC 2007-2707-ICO