Subject
Motion - WHEREAS, the Superior Court of California, County of Los Angeles, ruled that the City of Los Angeles set aside and vacate its decision to approve the Windsor Square Historic Resources Survey and adopt the Historic Preservation Overlay Zone and Preservation Plan, because the City failed to comply with the California Environmental Quality Act in the adoption of the Windsor Square Historic Overlay Zone; and
WHEREAS, this court decision will leave Windsor Square, one of the richest collections of Period Revival architecture in Southern California, vulnerable to demolition and irreversible alterations that could adversely impact the character of the neighborhood; and
WHEREAS, a certified historic consultant determined that 1,104 out of 1,239 parcels in Windsor Square were historically significant and "added to the historic architectural qualities or historic associations for which these properties are significant because they were present during the period of significance, and possess historic integrity reflecting its character at that time"; and
WHEREAS, the adoption of the Windsor Square Historic Preservation Overlay Zone and Preservation Plan is consistent with the goals and objectives of the General Plan's conservation and housing element to "protect important cultural and historical sites and resources for historical, cultural, research, and community education purposes and to identify and protect architecturally and historically significant residences and neighborhoods"; and
WHEREAS, there is a current and immediate threat to the public health, safety and welfare because knowledge that the Windsor Square HPOZ is no longer in effect may drive some owners and developers to obtain building and demolition permits until the Windsor Square HPOZ and Preservation Plan is re-adopted, effectively accelerating the destruction of historically and architecturally significant structures in the neighborhood; and
WHEREAS, the City of Los Angeles has decided to study the appropriate level of environmental clearance necessary to re-certify the Windsor Square Historic Resources Survey and re-adopt the Windsor Square Historic Preservation Overlay Zone (HPOZ) and Preservation Plan and in doing so requires more time to complete the study and analysis and re-process the HPOZ and Preservation Plan; and
WHEREAS, it is urgent to protect the public health, safety, and welfare by immediately preventing demolitions and alterations that could result in the loss of historically important resources and stopping incompatible new construction that could jeopardize the overall character of the Windsor Square neighborhood until the revisions to the Historic Preservation Overlay Zone can be considered.
THEREFORE MOVE that the City Council adopt the attached urgency ordinance, pursuant to California Government Code Section 65858, establishing a temporary moratorium on the issuance of building and demolition permits for properties within the re-initiated Windsor Square Historic Preservation Overlay Zone (HPOZ) generally bounded by Beverly Boulevard on the north, both sides of Arden Boulevard on the west, both sides of Van Ness Avenue on the east, and the rear property lines of the commercially zoned properties along Wilshire Boulevard on the south, but excluding commercially and multi-family - R3 zoned lots.
OLD COUNCIL FILES 04-1848 AND SUPPS
REFER TO COUNCIL FILE 07-0177
File History
2-2-07 - This day's Council session
2-2-07 - Ref to Planning and Land Use Management Committee
2-2-07 - File to Planning and Land Use Management Committee Clerk
2-2-07 - For ref - Communication from the City Attorney R07-0044, dated February 2, 2007 and two ordinances relative to: (1) repealing Ordinance No. 176246; and (2) Urgency Ordinance pursuant to Government Code Section 65858 establishing a temporary moratorium on the issuance of building and demolition permits for properties within the Windsor Square Area.
2-5-07 - Ref to Planning and Land Use Management Committee - to Committee Clerk
2-7-07 - Council Action - Motion ADOPTED to APPROVE Planning and Land Use Management Committee report recommendations, subject to the approval of the Mayor to:
1. FIND that the adoption of the Urgency Ordinance is categorically exempt from the California Environmental Quality Act (CEQA), under State CEQA Guidelines Sections 15307 and 15308, Classes 7 and 8, and that no exception to the exemptions applies.
2. PRESENT and ADOPT the accompanying ORDINANCE repealing Ordinance No. 176246 which established the Windsor Square Historic Preservation Overlay Zone (HPOZ).
3. PRESENT and ADOPT the accompanying URGENCY ORDINANCE establishing a temporary moratorium, pursuant to California Government Code Section 65858, on the issuance of building and demolition permits for properties within a portion of the Wilshire Community Plan known as Windsor Square, generally bounded by Beverly Boulevard on the north, both sides of Arden Boulevard on the west, both sides of Van Ness Avenue on the east, and the rear property lines of the commercially zoned properties along Wilshire Boulevard on the south, but excluding commercially and multi-family - R3 zoned lots (Pursuant to Motion [LaBonge -Garcetti)]).
12 VOTES REQUIRED TO ADOPT URGENCY CLAUSE
4. DIRECT the City Planning Department to prepare the written report required pursuant to Government Code section 65858, describing the measures taken to alleviate the conditions which led to the adoption of the ordinance, and submit the report to the Council at least ten days prior to the expiration of the urgency ordinance - Findings ADOPTED - Categorical Exemption APPROVED - Two Ordinances ADOPTED.
2-9-07 - File to Mayor for signature
2-16-07 - File to Council and Legislative Processing Clerk
3-9-07 - File to Planning and Land Use Management Committee Clerk OK
3-9-07 - For ref - Communication from the City Attorney R07-0081, dated March 8, 2007, relative to a final draft of urgency ordinance, extending Urgency Ordinance No. 178400, pursuant to Government Code Section 65858, establishing a temporary moratorium on the issuance of building and demolition permits for properties within the Windsor Square Area.
3-12-07 - Ref to Planning and Land Use Management Committee - to Committee Clerk
3-16-07 - For ref - Communication from the Planning Department, dated March 14, 2007, relative to outlining the measures that have taken place to adopt a Historic Preservation Overlay Zone and Preservation Plan for Windsor Square in order to establish permanent regulations that would protect the neighborhood, pursuant to California Government Code Section 65858.
3-16-07 - Set for Planning and Land Use Management Committee on March 20, 2007
3-19-07 - Ref to Planning and Land Use Management Committee - to Committee Clerk
3-20-07 - For ref - Communication from the City Attorney R07-0096, dated March 20, 2007, relative to a final draft of urgency ordinance, extending Urgency Ordinance No. 178400, pursuant to Government Code Section 65858, establishing a temporary moratorium on the issuance of building and demolition permits for properties within the Windsor Square Area.
3-20-07 - Communication from Planning Department, dated March 20, 2007, relative to a draft Urgency Ordinance, pursuant to Government Code Section 65858, establishing a temporary moratorium on the issuance of building and demolition permits for properties within the Windsor Square Area is attached to Council File.
3-20-07 - Planning and Land Use Management Committee Disposition - Approved
3-21-07 - Ref to Planning and Land Use Management Committee - to Committee Clerk
3-21-07 - Council Action - Motion ADOPTED to approve Planning and Land Use Management report recommendations, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this action is categorically exempt from California Environmental Quality Act of 1970 (CEQA), the Department of Planning has determined that the adoption of the ordinance is exempt from the requirements of CEQA, pursuant to Article 19, Section 15308, Class 8 of the State's Guidelines in that the project "consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment."
2. ADOPT the March 14, 2007, and March 20, 2007, FINDINGS of the Director of Planning as the Findings of the City Council.
3. PRESENT and ADOPT the accompanying URGENCY ORDINANCE, approved by the Director of Planning, extending Urgency Ordinance No. 178400 (pursuant to California Government Code Section 65858), for an additional 10 months and 15 days or until the Windsor Square Historic Preservation Overlay Zone and Preservation Plan are adopted, whichever occurs first, and establishing a temporary moratorium on the issuance of building and demolition permits in a portion of the Wilshire Community Plan Area, for properties within the re-initiated Windsor Square Historic Preservation Overlay Zone (HPOZ), generally bounded by Beverly Boulevard on the north, both sides of Arden Boulevard on the west, both sides of Van Ness Avenue on the east, and the rear property lines of the commercially zoned properties along Wilshire Boulevard on the south, but excluding commercially and multi-family - R3 zoned lots - Ordinance ADOPTED - Findings ADOPTED - Exemption APPROVED
3-22-07 - File to Mayor for signature
4-5-07 - File to Council and Legislative Processing Clerk
4-11-07 - File to Planning and Land Use Management Committee Clerk OK
4-12-07 - File in files