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12-17-75
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ORDINANCE NO. l028(CCS)
(C1ty Council Ser1es)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING
CHAPTER 9 OF ARTICLE VIII OF THE
SANTA MONICA MUNICIPAL CODE AND
RENUMBERING SAID CHAPTER AND ARTICLE
TO CHAPTER 6 OF ARTICLE IX AND ENTITLED
"LANDMARKS AND HISTORIC DISTRICTS".
THE CITY COUNCIL OF THE CITY OF SANTA HONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 9 of Art~cle VIII of the
Santa ~;onica Mun1cipal Code lS hereby amended and renumbered
under Article IX to read as follows:
Chapter 6.
LANDMARKS AND HISTORIC DISTRICTS.
Section 9600. Title. Th1S Chapter shall be
known as the Landmark and H1stor1C D1str~ct Ordinance of the
C~ty of Santa Monlca.
Section 9601. Purpose.
It is hereby declared
as a matter of public policy that the purpose of th~s Chapter
is to promote the public health, safety and general welfare by
establishing such procedures and prov1ding such regulat10ns as
are deemed necessary to:
A. Protect 1mprovements and areas which
represent elements of the C1ty'S cultural, social, economic,
pol1tical, and architectural hlstorYi
B. Safeguard the City's h1storic, aesthetic
and cultural her1tage as embodied and reflected 1n such irnprove-
ments and areaS;
C. Foster CiV1C pride in the beauty and
noble accomplishments of the past;
D. Protect and enhance the ci ty · s aesthet ic
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and h~stor~c attract~ons to res~dents, tour~sts, v~s~tors, and
others, thereby serv~ng as a stimulus and support to bus~ness
and industry; and
E. Promote the use of Landmarks and
H~storic Districts for the educat~on, pleasure and welfare of
the people of this City.
Section 9602. Definitions. As used in this
Chapter, the following terms and phrases shall have the meaning
set forth here~n, unless it is apparent from the context that
a d~fferent mean~ng is ~ntended:
Certificate of A~propriateness: A certif~cate
issued by the Landmarks Commission approving such plans, specifi-
cat~ons, statements of work, and any other information which are
reasonably required by~ the Landmarks Commission to make a
dec~s~on on any proposed alteration, restoration, constructlon,
removal, relocation, or demolitlon, in whole or in part, of or
to a Landmark or Landmark Parcel, or of or to a building or
structure withln a Historlc District.
Exterior Features: The architectural style,
design, general arrangement, components and natural features of
all of the outer surfaces of an improvement, lncluding, but not
limlted to, the klnd, color and texture of the building material,
the type and style of all wlndows, doors, lights, signs, walls,
fences, and other flxtures appurtenant to such improvement, and
the natural form and appearance of, but not by. way nf
11mitation, any grade, rock, body of water, stream, tree, plant,
shrub, road, path, walkway, plaza, fountain, sculpture or other
form of natural or artificial landscaping.
Historic Distrlct: Any area which the City
Councll has deslgnated as and determined to be appropriate for
historical preservation pursuant to the provlsions of this Chapter.
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!~provp~ent: Any build~ng, structure, place,
slte, work of art, landscape feature, plant-life, life-form,
scenic conditlon, or other obJect constituting a physical
betterment of real property, or any part of such betterment.
Landmark: Any improvement which has been
designated as and determined to be appropriate for historical
preservatlon by the Landmarks Commission, or by the City Council
On appeal, pursuant to the provislons of this Chapter.
Landmark Parcel: Any portion of real
property, the location and boundaries as deflned and described
by the Landmarks Commisslon, upon which a Landmark is situated,
WhlCh 15 determined by the Landmarks Commisslon as requlring
control and regulatlon to preserve, maintain, protect or safe-
guard the Landmark.
Sectlon 9603. Landmarks cO~lssion. A Landmarks
Commission 1S hereby establ1shed which shall consist of seven (7)
members appointed by the C1ty Council, all of whom shall be
quallfied electors of the City. Of the seven (7) members, at
least one (I) shall be a reglstered arch1tect, at least one (1)
shall be a person with demonstrated lnterest and knowledge, to
the hlghest extent practicable, of local h1story, and at least
one (1) shall be a licensed realtor. The Dlrector of Planning,
or hlS designated representative, shall act as the Secretary to
the CommlSS10n and shall malntain a record of all resolutions,
proceedings and actions of the Commission.
Sectlon 9604. Vacancies. In the event of a
vacancy occurring durlng the term of a member of the Landmarks
Cornmlssion, the C1ty Council shall make an interim appolntment
to flll out the unexplred term of such member, and where such
member is required to have special qualificatlons pursuant to
Section 9603, such vacancy shall be filled by interlffi appointnent
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wlth the person possesslng such qualifications.
Bectlon 9605.
Powers.
In addltion to any
other powers set forth 1n this Chapter, the Landmarks Comm1sslon
shall have the power to:
A. Deslgnate Landmarks and Landmark Parcels,
and to make any prellmlnary or supplemental designations,
determinatlons, or decislons, as additions thereto, in order to
effectuate the purposes of this Chapter;
B. Conduct studies and evaluatlons of
applications requesting the deslgnation of a HistorlC Dlstrict,
make determinations and recommendations as to the appropriateness
for consideration of such appllcations, and make any preliminary
or supplemental des1gnat1ons, determ1nations. or decls1ons, as
addltlons thereto, in order to effectuate the purposes of this
Chapter;
C. Regulate and control the alteratlon,
restoration, constructlon, removal, relocatlon, or demolltlon,
1n whole or in part, of or to a Landmark or Landmark Parcel, or
of or to a buildlng or structure w1thln a H1storic Dlstrict, and
make any prelimlnary or supplemental designations, determinations,
deC1Slons, as additlons thereto, ln order to effectuate the
purposes of thlS Chapter;
D. Adopt, promulgate, amend, and rescind,
from time to time, such rules and regulatlons as It may deem
necessary to effectuate the purposes of this Chapter;
E. Maintain a current listing and descrlptlon
of deslgnated Landmarks and HlstorlC Districts; and
F. Provlde for a sUltable sign, plaque, or
other marker, at public or pr~vate expense, on or near the
Landmark,lndlcating that the Landmark has been so deslgnated.
The s~gn, plaque, or other marker shall contaln information and
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product of a notable builder, designer, or architect.
Section 9608. Landmark Designation Procedure.
Landmarks shall be des1gnated by the Landmarks COMffi1ssion in
accordance w1th the following procedure:
A. Any res1dent of the C1ty may request
the des1gnation of a~ 1mprovement as a Landmark by properly
f1ling with the Director of Planning an applicat10n for such
designation on a forn furnlshed by the Planning Department.
Addi tlonally, the Commisslon may flle 'an application for the
designation of a Landmark on its own motion.
B. The Dlrector of Planning shall conduct
a prelimlnary evaluatlon of the proposed designation and shall
make a preliminary recommendation to the Commisslon, withln
thi~ty (30) days after the proper f~ling of the appl1cation, as
to the approprlateness and qualification of the appl~cation for
cons1deratlon by the Commisslon.
C. The Cornmiss1on shall determ1ne whether
the appllcatlon for such designation merits formal cons1derat1on
wlthin thlrty (30) days after the preliminary recommendation is
made to the Commission. If the Commission falls to take action
on the preliminary recommendat~on within the thirty (30) day
time period, the application for such designation shall be deemed
dlsapproved, and it shall be the duty of the Director of Planning
to certify such d1sapproval.
D. If the Commiss~on determlnes that the
appl1cat1on merits formal conslderatlon by the Commlsslon, but
only if it so determines, it shall schedule a publlC hearlng to
be held withln forty-five (45) days of such determ1natlon. Any
determlnation of the CONmission to schedule or not to schedule
a public hearing shall be in writing and shall be filed with the
Director of Plannlng.
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E. Upon a determlnation by the Comrniss1on
that the applicatlon merlts formal cons1derat1on by the COmmiss1on
and the schedullng of a publ1C hear1ng thereto, any alteration,
restoration, constructlon, removal, relocatlon, or demolltion,
ln whole or in part, of or to a proposed Landmark or Landmark
Parcells prohibited, and no permlt authorizing any such alteratlon,
restoration, construction, removal, relocation, or demolltion
shall be granted by any department of this City while a public
hearlng or any appeal related thereto 1S pend1ng.
F. Not more than twenty (20) days and not
less than ten (10) days prior to the date scheduled for a publ1C
hearlng, not1ce of the date, time, place and purpose thereof
shall be given by at least one publicatlon ln a daily newspaper
of general clrculat1on, and shall be malled to the applicant,
owner of the 1mproVe~ent, and to the owners of all real property
w1thin three hundred (300) feet of the exter10r boundaries of the
lot or lots on which a proposed Landmark is situated, using for
this purpose the names and addresses of such owners as are shown
on the records of the C1ty Clerk. The fallure to send not1ce by
mail to any such real property owner where the address of such
owner 1S not a matter of publlC record shall not 1nval1date any
proceedings in connect1on with the proposed designat1on. The
Comm1ss1on may also give such other not1ce as lt may dee~
desirable and practicable.
G. At the conclus1on of a public hearing,
or any cont1nuation thereof, but in no case more than forty-f1ve
(45) days from the date set for the 1nit1al public hear~ng, the
Commiss1on shall approve, 1n whole or In part, or d1sapprove the
applicatlon for the des1gnat~on of a Landmark, and def1ne and
descr1be an appropriate Landmark Parcel. If the COmmlSS1on fails
to take act10n on the appl1cat1on for the des1gnat1on of a Landmark
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within the forty-f~ve (45) day time period, the application for
such designation shall be deemed disapproved, and ~t shall be the
duty of the Dlrector of Planning to certify such disapproval.
H. 'rhe decislon of the Commlssion shall
be ln wrltlng and shall state the findings of fact and reasons
relied upon to reach the decision, and such decls10n shall be
flIed wlth the Dlrector of Planning.
I. The Commlssion shall have the power, after
a public hearlng, whether at the tlme lt renders such declslon to
deslgnate a Landmark or at any time thereafter, to speclfy the
nature of any alteration, restoration, constructlon, removal,
relocation, or demolltlon of or to a Landmark or Landmark Parcel
WhlCh may be performed without the prlor lssuance of a Certiflcate
of Approprlateness pursuant to this Chapter. The Commlssion shall
also have the power, after a publlC hearing, to amend, modlfy, or
rescind any specification made pursuant to the provlsions of thlS
Subsectlon I.
J. Upon the rendering of such decision to
deslgnate a Landmark, the owner of the deslgnated Landmark shall
be glven wrltten notlficatlon of such designatlon by the Commission,
llslng for this purpose the name and address of such owner as is
shown in the records of the City Clerk.
K. SubJect to other provisions of thissectlon
9608 and ~ 96130f thlS Chapter~ a decislon of the Commlssion to
designate a Landmark shall be in full force and effect from and
after the date of the renderlng of such declsion by the Commission.
L. The Commission shall have the power, after
a public hearlng, to amend, modify, or resclnd any deC1Slon to
deslgnate a Landmark or Landmark Parcel and to make any prelimlnary
or supplemental designations, determinations or decislons, as
addltions thereto.
M. The COmffilssion shall determlne the
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instances in wh1ch cases scheduled for pub11c hearing may be
cont1nued or taken under advisement. In such instances, no new
notlce need be glven of the further hearlng date, provided such
date is announced at the scheduled public hearlng.
N. whenever an applicatlon for the
deslgnation of a Landmark has been disapproved or deemed
dlsapproved by the Commlssion, or by the Clty CouncIl on appeal,
no application which IS the same or substantially the same as
the one WhICh has been disapproved shall be resubmltted to or
reconsIdered by the Commlsslon or CIty Council wlthin a perlod of
three hundred sixty (360) days from the effective date of the
flnal actlon upon such prior application.
Sectlon 9609. HIstoric District Designatlon
Criterla. For purposes of thlS Chapter, an area may be
designated a Historlc Dlstrlct if the City Council deCldes that
such area possesses a partlcular aesthetlc, economic, hlstoric,
architectural, or cultural slgnlficance to the CIty.
Section 9610. Hlstoric Dlstrict Designatlon
Procedure. Historlc Dlstrlcts shall be desIgnated by the Clty
Council in accordance with the following procedure:
A. Any resident of the CIty may request
the deSIgnatIon of an area as a HlstorlC Dlstrict by properly
flllng with the DIrector of PlannIng an applIcatIon for such
deSIgnatIon on a form furnished by the Planning Department.
Additionally, the. Landmarks CommIssion may fIle an applIcation
for the designatIon of a HistorIC District on its own motion.
B. The DIrector of PlannIng shall conduct
a prelim~nary evaluation of the proposed deSIgnation and shall
make a prelimlnary recommendation to the CommISSIon, WIthin
ninety (90) days after the proper fillng of the appllcation, as
to the approprlateness and qualiflcat~on of the applicatlon for
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consideration by the Comm~ssion.
c. The Commission shall determine whether
the applicat~on for such des~gnation merits formal consideratlon
wlth~n thirty (30) days after the preliminary recommendatlon is
made to the Comm1SS10n. If the commission fails to take action
on the preliminary recommendat1on within the thirty (30) day t1me
period, the application for such designation shall be deemed
d1sapproved, and it shall be the duty of the Director of Planning
to certify such disapproval.
D. If the Comm1ssion determines that the
appl~cat10n merlts formal cons1deratlon by the Comm1ssion, but
only if 1t so determ1nes, lt shall schedule a publlC hearlng to
be held with1n SlXty (60) days of such determlnat10n. Any
determinat10n of the Commiss1on to schedule or not to schedule a
publ1C hearing shall be in wr1t1ng and shall be filed wlth the
D1rector of Planning.
E. Upon a determlnation by the Comm~ss~on
that the application merlts formal considerat~on by the Commission
and the schedullng of a public hearlng thereto, any alteration,
restoration, construction, removal, relocation, or demolit1on,
ln whole or in part, of or to a bu~lding or structure with1n a
proposed Historic Distrlct 15 prohib1ted, and no permlt authorlzing
any such alteration, restoration, construction, removal,
relocat~on or demolit~on shall be granted by any department of
the City while a public hearing or any appeal related thereto
1S pend~ng.
F. Not more than twenty (20) days and not
less than ten (10) days prlor to the date scheduled for such publ1C
hearing, notice of the date, tlme, place and purpose thereof
shall be given by at least one publicatlon in a daily newspaper
of general clrculation, and shall be mailed to the a~p11cant,
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owners of all real property with~n the proposed Historic Distr~ct,
and to the owners of all real property w~thin three hundred (300)
feet of the exter~or boundar~es of the proposed H~stor~c D~str~ct,
us~ng for th~s purpose the names and addresses of such owners as
are shown on the records of the City Clerk. The fa~lure to send
notice by mall to any such real property owner where the address
of such owner ~s not a matter of public record shall not invalldate
any proceed~ngs in connection wlth the proposed deslgnatlon. The
Commlss~on may also give such other notice as lt may deem des~rable
and practlcable.
G. At the concluslon of a public hearing,
or any contlnuation thereof, but in no case more than Slxty (60)
days from the date set for the inltial public hear~ng, the
Commisslon shall recommend to the C~ty Council the approval, in
whole or in part, or disapproval of the appllcatlon for the
designat~on of a Historlc Distrlct, and shall forward such
recommendat~on to the C~ty Council stating in wrlting the f~ndlngs
of fact and reasons relied upon in reaching such a recommendat~on.
If the Comm~ss~on fails to take action on the appllcatlon for the
designatlon of a Historic D~strict w~thin the s~xty (60) day
t~me perlod, the appllcatlon for such designatlon shall be deemed
d~sapproved, and it shall be the duty of the Director of Planning
to certify such dlsapproval.
H, Within s~xty (60) days of receipt of the
recommendatlon of the Commission, the City Council shall by
ordinance approve, in whole or in part, the application for the
des~gnation of the Historic District, or shall by motion dlsapprove
the applicatlon in its entirety. If the Clty Council falls to
take action on the appllcation for the deslgnation of a Hlstor~c
Dlstrict within the Slxty (60) day time period, the appllcation
for such des2gnatlon shall be deemed d~sapproved, and 2t shall be
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the duty of the C~ty Clerk to certify such d~sapproval.
I. The dec1s1on of the City Counc1l to
approve the appl1cation for the designation of a Historic D1strict,
1n whole or 1n part, by ordinance, or to d1sapprove the app11cation
1n 1tS entirety by motion, shall be in writ1ng and shall state the
f1nd1ngs of fact and reasons relied upon to reach the dec1s1on,
and such decis10n shall be filed with the C1ty Clerk.
J. The C1ty Council shall by ordinance
have the power, after a public hearing, whether at the time 1t
renders a decision to designate a H1storic Distr1ct or at anytime
thereafter, to specify the nature of any alteration, restorat~on,
construction, removal, relocation, or demolition of or to a
building or structure w1thin a H1stor1c Distr1ct which may be
performed without the prior issuance of a Certificate of
Appropriateness pursuant to this Chapter. The City Counc11 shall
by ord1nance also have the power, after a public hearing, to
amend, modify, or rescind any spec1fication made pursuant to the
prov1sions of th1s Subsection J.
K. Upon the rendering of such dec1S1on to
designate a Historic Distr1ct, the owners of all real property
within the des1gnated H1storic Distr1ct shall be given written
not1ficat1on of such designat10n by the City Council, using for
this purpose the nameS and addresses of such owners as are shown
1n the records of the C1ty Clerk.
L. Subject to other prov1s1ons of th1s
Sect10n 9610, adec1sion of the City Counc1l to designate a
Historic Distr1ct shall be 1n full force and effect from and
after the effect1ve date of the ordinance approving, in whole
or 1n part, the applicat10n for the designation of a Historic
Distr1ct.
M. The C1ty Council shall by ordlnance
have the power, after a public hearing, to amend, modify, or
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resClnd any decision to deslgnate a Historlc District and to
make any preliminary or supplemental deslgnatlons, determinations
or declslons, as additions thereto. The Co~mission shall have
the power to forward the recornmendatlons of the Commisslon to the
Clty Council on lts own motlOn or at the directlon of the Clty
Councll.
N. The City Councll shall determlne the
lnstances in which cases scheduled for publlC hearlng may be
continued or taken under adv~sement. In such lnstances, no new
notlce need be given of the further hear~ng date, provided such
date is announced at the scheduled public hearing.
D. Whenever an appllcatlon for the
designatlon of a Hlstorlc Distrlct has been disapproved or
deemed dlsapproved by the Commission or the City Councll, no
appllcation which lS the saMe or substantially the same as the
one which has been disapproved shall be resub~tted to or
reconsidered by the Commisslon or City Council wlthin a period
of three hundred Slxty (360) days from the effectlve date of the
flnal actlon upon such prior application.
Section 9611. Certiflcate of A~?ropriateness
Crlteria. For purposes of thlS Chapter, the Landmarks Com-
misslon, or the City Councll on appeal, shall issue a Certlfl-
cate of Approprlateness for any proposed alteration, restoratlon,
constructlon, removal, relocation, demolitlon, in whole or in
part, of or to a Landmark or Landmark Parcel, or of or to a
bUlldlng or structure within a HlstorlC Distrlct if lt makes
a determlnation in accordance wlth the following crlteria:
A. That in the case of any proposed
alteratlon, restoration, removal, or relocation, In whole or in
part, of or to a Landmark or to a Landmark Parcel,
the proposed
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work would not detrimentally change, destroy, or adversely affect
any exterior feature of the Landmark or Landmark Parcel upon
which such work ~s to be done;
B. That in the case of any proposed
alteration, restoration, constructlon, removal, or relocation,
in whole or In part, of or to a buildlng or structure wlthin
a HlstorlC District, the proposed work would not be ~ncompat~ble
with the exterior features of other lmprovements wlthin the
Historlc District, not adversely affect the character of the
Hlstorlc D~strict for which such H~stor~c D~strict was des~gnated,
or not be lnconsistent with such further standards as may be
embodied ~n the ord~nance deslgnating such HlstorlC Distrlct.
For any proposed work to any bUlldlng or structure whose exterlor
features are not already compatlble with the exterlor features
of other lmprovements wlthin the Historic Dlstrlct, reasonable
effort shall be made to produce compatibllity,and in no event
shall there be a greater deviation from compatibility;
c. That in the case of any proposed
constructlon of a new improvement upon a Landmark Parcel, the
exterlor features of such new improvement would not adversely
affect and not be disharmonlous with the exterlor features of
other existlng lmprovements situated upon such Landmark Parcel;
D. That ln the case of any proposed
demol~tlon of any Landmark or of a buildlng or structure wlthln
a Hlstorlc District --
1. The Commlssion has been unsuc-
cessful ln its negotiations with the owner of a Landmark, or
of a bUlldlng or structure within a Historlc Distrlct, or wlth
any other parties, in an effort to agree to a means of
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hlstorlcally preservlng such Landmark, or such building or
structure within a Historlc D1strlct, in accordance with the
followlng provisions:
(a) Except for as otherwlse provlded
for 1n th1S Subsection 1.' ,during a one hundred and eighty
(180) day t1me period commenClng from the date of the proper
flling of an applicatlon for a Certificate of Appropriateness,
the CommlSSlon may negotiate with the owner of a Landmark, OT
of a bUlldlng or structure with1n a Historic Distr1ct, or wlth
any other partles, in an effort to agree to a means of Historlcally
preserving such Landmark, or such building or structure wlthin
a HistorlC District;
(b) The nature of the negotiatlons
that the Commission may enter into include, but are not llmlted
to, acqu1sltion by glft, purchase, exchange, condemnat1on, or
otherwlse of a Landmark, or of a building or structure within
a Historic Distr1ct, or any lnterest therein;
(c) Notwlthstanding any of the foregolng
the CommlSSlon shall have the power to wa1ve all or any portion
of the required one hundred and elghty (180) day tlme period in any
case where the Commission determlnes that the owner of the
Landmark, or of the bUlldlng or structure within a Historic
Dlstr1ct would suffer extreme hardship, not includlng loss of
proflt, if ,a waiver or reductlon in th~ requlred one hundred
and eighty (180) day time perio~ were not allowedi and
(d) Notwithstanding any of the foregoing,
the Commission shall have the power to extend the required One
hundred and eighty (180) day time period to a duration not to
exceed a three hundred and Slxty (360) day time period in any
case where the Comm1SSlon determines that such an extension
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is necessary or appropriate for the contlnued histor1cal
preservation of a Landmark, or of a bui1d1ng or structure within
a H1stor1C Dlstrict, or
2. If a means for the continued
historical preservation of a Landmark, or of a bU11d1ng or
structure wlthln a Historic D1strict has been agreed upon with
the owner or the parties, such means has not been fully
completed 1n accordance with the following prov1sions:
(a) Except as otherw1se prov1ded for
1n thlS Subsection 2, if a means for the cont1nued historical
preservat10n of a Landmark, or of a bU11ding or structure
w1th1n a Historical D1strict has been agreed upon with the
owner or wlth other parties, such means must be fully completed
w1th1n a four hundred twenty (420) day tlme period commencing-
from the date of the proper fi11ng of an application for a
Certificate of Appropriateness; and
(b) Notw1thstanding any of the foregoing,
the Commiss1on may mutually agree with the owner of the Landmark,
or of a build1ng or structure within a Hlstoric D1str1ct, and
with other parties to the agreement, to extend the four hundred
and twenty (420) day time per10d to another t1me per10d which
1S mutually agreeable, or
E. Notw1thstanding any of the foregoing,
that in the case of any proposed alteration, restoration,
removal, relocat1on, or demolition, in whole or in part, of or
to a Landmark or a Landmark Parcel, or of or to a building or
structure with1n a Historic D1str1ct undue hardsh1p has been
established 1n accordance w1th the follow1ng prov1sions:
1. The app11cant for a Certificate of
Appropriateness shall susta1n the burden of proof that all of
the fol1ow1ng facts and conditions exist:
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(a) That the Landmark or Landmark Parcel,
or the bUlldlng or structure w1th1n a H1stor1C Dlstr1ct cannot
yield a reasonable return If the proposed alteratlon, restora-
tlon, removal, relocatJon or demol1t1on lS not permitted;
(b) That the pl1ght of the appl1cant
1S due to unique c1rcumstances;
(c) That the proposed alteration,
restorat1on, removal, relocat1on, demolition, in whole or 1n
part, will not alter the essential character of the area; and
(d) That the unnecessary hardship is
the result of the appl1catlon of thlS Chapter and is not the
result of any act or om1ssion by the appl1cant.
2. Any rel1ef granted pursuant to this
Subsect10n E shall be in conformance w1th the obJectlves
of this Chapter and shall be lim1ted to the m1nimum requ1red
to effect substantial Justlce and shall be 1n harmony w1th the
general purpose and 1ntent of this Chapter.
Section 9612. Cert1f1cate of Appropr1ateness
Procedure. An appl1cation for a Cert1f1cate of Appropriateness
approv1ng any proposed alteration, restorat1on, construct1on,
removal, relocation, or demol1t1on, 1n whole or 1n part, of
or to a Landmark or Landmark Parcel, or of or to a building or
structure within a H1stor1C Dlstrlct shall be processed ln
accordance w1th the following procedure:
A. Any owner of a Landmark, or of a building
or structure within a Historic Distrlct may request the issuance
of a Certlficate of Appropr1ateness by properly fillng with
the Director of Planning an appllcation for such Certificate
of Appropr1ateness on a form furn1shed by the Plannlng Department.
Each appl1cat1on for a Cert1ficate of Appropriateness shall
lnclude such plans, spec1f1cations, statements of work, and
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any other informat~on which are reasonably required by the
Landmarks Commission to make a decision on any such proposed
work.
B. The Director of Plann~ng shall schedule a
publ~c hear~ng to be held with~n forty-five (45) days of the
proper f~l~ng of the application for a Certificate of
Appropriateness.
C. The D~rector of Planning shall conduct a
preliminary evaluat~on of the application for a Certificate
of Appropr1ateness and shall make a prel~minary recommendation
to the Commiss~on, on or before the date scheduled for a
pub11c hear~ng, as to the appropriateness and qualification_
of the app11cation for a Certificate of Appropriateness.
D. Not more than twenty (20) days and not
less than ten (10) days pr~or to the date scheduled for a pub11c
hearing, notice of the date, time, place and purpose thereof
shall be g1ven by at least one publicat10n ~n a da1ly newspaper
of general circulation, shall be ma11ed to the applicant and
to the owners of all real property within three hundred (300)
feet of the exterior boundaries of the Landmark Parcel upon
which a Landmark is situated in the case of any proposed work
to a Landmark, or w1th~n three hundred (300) feet of the
exter10r boundar~es of the lot or lots on which a bU1lding
or structure within a Historic Distr1ct is situated in the
case of any proposed work to a building or structure with1n
a Histor1c D~strict, using for this purpose the names and
addresses of such owners as are shown on the records of the
City Clerk. The failure to send notice by mail to any such
real property owner where the address of such owner ~s not a
matter of public record shall not invalidate any proceedings
in connection w1th the proposed designation. The Commission
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may also give such other not~ce as it may dee~des~rable
and practicable.
E. Except as otherw~se provided for ~n this
Subsect~on G, at the conclusion of a public hearing, or any
cont~nuation thereof, but in no case more than forty-f~ve (45)
days from the date set for the in~t~al publlC hearing, the
Comm~ssion shall approve, in whole or ~n part, or disapprove
the appl~cat~on for a Certif~cate of Appropr~ateness. If the
commission fa~ls to take act~on on the applicat~on for a
Cert~flcate of Approprlateness wlthin the forty-five (45) day
tlrne per~od, the application for a Cert~f~cate of Approprlateness
shall be deemed approved, and lt shall be the duty of the
D~rector of Planning to certify such approval. Notwithstanding
the foregoing, the Co~ission may mutually agree wlth the
appl~cant for a Certiflcate of Approprlateness to extend the
forty-five (45) day t~me per~od ~n which t~e CO~lssion must
take actlon to another time period which is mutually agreeable.
F. The declslon of the Commission shall be
in writing and shall state the f~ndings of fact and reasons
relled upon to reach the decision, and such declslon shall
be f~led w~th the Dlrector of Planning.
G. SubJect to the provlsions of Section 9613
of this Chapter, upon the rendering of such declsion to approve
an appllcatlon for a Certiflcate of Appropriateness, the Corn-
m~sslon shall issue the Cert~ficate of Appropriateness withln a
reasonable per~od of t~me and such lssued Certlficate of
Appropr~ateness may be obtalned by the appllcant from the
Planning Department.
H. SubJect to other provislons of this Section
9612 and Sectlon 9613 Chapter, a decislon of the Commlssion
shall be ~n full force and effect from and after the date of the
rendering of such declslon by the Comm~SSlon.
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I. Subject to other provislons of this Section
9612, a Certificate of Approprlateness shall be ~n full force
and effect from and after the date of the lssuance by the
Commiss~on. Any Certificate of Appropriateness issued pursuant
to this Chapter shall expire of its own 11m~tation within a
one hundred eighty (180) day t~me period commencing from the
date of the issuance of such Certificate of Appropr~ateness
~f the work authorized thereby ~s not commenced by the end
of such one hundred elqhty (180) day tlme per~od. In addit~on,
any such Certificate of Appropriateness shall also expire and
become null and vo~d if such work authorized is suspended or
abandoned for a one hundred e1ghty (180) day t1me period after
be1ng commenced.
J. The Commission shall have the power,
after a public hearing, to amend, modify, or resClnd any
decision to approve, ~n whole or in part, an appllcation for
a Certiflcate of Appropriateness and any ~ssued Certificate
of Appropriateness and to make any prellminary or supplemental
deslgnations, determlnations, or decisions, as addit10ns
thereto.
K. The Commission shall determlne the
1nstances 1n Wh1Ch cases scheduled for public hear1ng may
be cont1nued or taken under advlsement. In such instances,
no new notice need be given of the further hearing date,
provided such date ~s announced at the scheduled public hearing.
L. Whenever an application for a Certif~cate
of Appropriateness has been d~sapproved or deemed d~sapproved
by the Commisslon, or by the City Council on appeal, no
application which is the same or substantlally the same as the
one which has been disapproved shall be resubm~tted to or
reconsidered by the Commission or City Councl1 within a period
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3.26.76
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of one hundred e1ghty (lSQ) days from the effectlve date of
the final act10n upon such pr10r appllcatlon.
Sectlon 9613. Appeals. An appeal to the City
Councll of an actlon of the Landmarks Comm1ssion shall be
processed in accordance with the fOllowing procedure:
A. Each of the follow1ng actions by the
Comm1ssion may be appealed to the Clty Councll:
1. A determ1nat1on of the Comm1SSlon that
an application for the deslgnatlon of a Landmark or of a H1S-
torlC Dlstr1ct does not merlt formal cons1derat1on by the Commlssion,
and a determlnat10n thereto not to schedule a publ1C hearlng;
2. A declslon of the Commiss1on, after
a public hearing, to approve, 1n whole or in part, or dlS-
approve an applicatlon for the des1gnat1on of a Landmark;
3. A dec1slon of the Commlsslon, after a
publlC hearlng, def1n1ng and describ1ng an appropr1ate Landmark
Parcel upon WhlCh a Landmark 15 51tuatedi
4. A determinatlon of the CommlS ~on,
after a publ1C hearlng, amendlng, modlfYlng, or resc1nd1ng any
dec1sion to designate a Landmark or Landmark Parcel, or any
prel1mlnary or supplemental designations, determlnat1on, or
dec1s1ons, as additlons thereto;
5. A decislon of the COffiIDlsslon to approve,
1n whole or 1n part, or d1sapprove an applicat10n for a
Certiflcate of Appropriateness.
B. Any re51dent of the City, or non-res1dent owner
of a des1gnated Landmark or Landmark Parcel, or of a bUlld1ng or
structure with1n a des1gnated H1stor1C D1str1ct may appeal a
determination or dec1sion of the Commission byproperly fil1ng
w1th the D1rector of Plannlng and the C1ty Clerk a Not1ce of
Appeal on a form furn1shed by the Plannlng Department. Such
Notice of Appeal shall be filed wlth the Director of Planning
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and the Clty Clerk wlthln a ten (10) day tlme perlod commenc-
ing from the date that such deterffilnatlon or deCls10n was
flied wlth the D1rector of Plannlng. The Notlce of Appeal
shall be accompanled by a fee In the amount prescrlbed by
Bectlon 9151 of the Santa Monlca Municipal Code, or any amend-
ments thereto. Notwithstandlng any of the foregolng, any
member of the Commlsslon or City Councll may request a reVlew
by the Commission or Clty Councll of any deterrninatlon or dec-
lSlon of the Commisslon without the accompaniment of such fee
in the amount prescrlbed by such Bectlon 9151 of the Santa
Monlca Mun1clpa1 Code, or any amendment thereto.
C. The C1ty Councll shall schedule a public
hearlng to be held withln forty-flve (45) days after the
Notlce of Appeal lS properly flled wlth the Director of
Planning and the City Clerk.
D. Not more than twenty (20) days and not
less than ten (10) days prlor to the date scheduled for a
publlC hear1ng, notlce of the date, tlme, place, and purpose
thereof shall be given by the Director of Planning by at least
one publlcatlon ln a dally newspaper of general circulation,
and shall be ma1led to the appellant, owner of the Landmark
1n the case of any action regardlng a Landmark, owners of all
real property wlthln the Hlstoric Distrlct in the case of any
actlon regarding an entire HlstorlC D1strict, owners of all
real property wlthin three hundred (300) feet of the exterlor
boundarles of the Landmark Parcel 1n the case of any act10n
regardlng a Landmark, owners of all real property wlthln three
hundred (300) feet of the exterior boundaries of the Hlstoric
Distrlct in the case of any action regarding an entlre Hlstoric
Dlstr1ct, and to owners of all real property wlthln three
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hundred (300) feet of the exter~or boundar~es of the lots or
lots on WhlCh a buildlng or structure ~s located ln the case
of any actlon regardlng a buildlng or structure withln a
Historlc Dlstrlct, using for thlS purpose the names and
addresses of such owners as are shown on the records of the
Clty Clerk. The fal1ure to send notlce by mall to any such
real property owner where the address of such owner is not a
matter of publlC record shall not invalidate any proceedlngs
in connection with the proposed designatlon. The CO~lSSlon
or the Clty COUDCll may also glve such other notlce as lt
may deem deslrable and practlcable.
E. At the conclUS10n of a publlC hearlng,
or any continuation thereof, but ln no case more than thlrty
(3D) days from the date set for the lnltlal publlC hearlng,
the Clty Councll shall render its deC1Slon on the Notlce of
Appeal and shall approve, ln whole or in part, or dlsapprove
the pr~or determlnatlon or dec1s~on of the CommLSSlon. If the
City Councll falls to take actlon on the NotLce of Appeal
w~th~n the th~rty (30) day time perlod, the Not~ce of Appeal
shall be deemed dlsapproved. and it shall be the duty of the
CLty Clerk to certLfy such dLsapproval.
F_ The decls10n of the Clty Counell shall be
1n writing and shall state the findings of fact and reasons
relied upon to reach the decLslon, and such declslon shall be
filed wlth the DLrector of Plannlng and the Clty Clerk.
G. Upon the renderlng of such declsLon by the
Clty Councll, the appellant and the owner of the Landmark In
the case of a declSlon regardlng Landmark, the owners of all
real property wLthln the HlstorlC Dlstrlct In the case of a
decLsion regarding an entire HistorLc DLstrLct, or the owner
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e
of a bUllding or structure in the case of a bUl1ding or
structure withln a Hlstoric Dlstrict shall be glven wrltten
notlflcatlon of such declslon by the D1rector of Plannlng,
uSlng for thlS purpose the names and addresses of such owners
as are shown in the records of the Clty Clerk. A decislon of
the Clty Councll on a Notice of Appeal shall be 1n full force
and effect from and after the date of the renderlng of such
decls10n by the City Councll.
H. Whenever a Notlce of Appeal has been
dlsapproved or deemed disapproved by the C1ty Councll, no
Notice of Appeal WhlCh 1S the same or substantially the same
as the one that has been dlsapproved shall be resubmltted to
or reconsldered by the Clty Councll with1n a perlod of three
hundred Slxty (360) days from the effectlve date of the flnal
action upon such prlor Notice of Appeal.
Sectlon 9614. Ma1ntenance and Repalr. Every
owner, or person 1n charge, of a Landmark, or of a buildlng
or structure wlthln a Historic Dlstrict, shall have the duty
of keeplng in good repalr all of the exterlor features of
such Landmark, or of such bUl1ding or structure with1n a
HistorlC Dlstrlct, and all lnterlor features thereof which,
If not so malntalned, may cause or tend to cause the exter10r
features of such Landmark, or of such bU11ding or structure
within a HistorlC Dlstrlct to deter1orate, decay, or beco~e
damaged, or otherwise to fall into a state of dlsrepair.
Th1S Seetlon 9614 of thlS Chapter shall be 1n add1tion to
any and all other prov1slons of law requlrlng such Landmark,
or such bU1ld1ng or structure w1th1n a HlstorlC D1strlct to
be kept ln good repa1r.
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Sect~on 9615. U~safe or Dangerous Cond~t~ons.
Noth~ng conta~ned ~n th~s Chapter shall proh1bit the Maklng
of any necessary alteratlon, restoration, construct~on,
removal, relocatlon, or demolition, in whole or in part, of
or to a Landmark or Landmark Parcel, or of or to a bUllding
or structure w~th~n a Historic Distrlct pursuant to a val~d
order of any governmental agency or pursuant to a val~d court
Judgment, for the purpose of remedying emergency cond~tions
determlned to be dangerous to life, health, or property. A
copy of such val~d order of any governmental agency or such
val~d court Judgment shall be flIed wlth the D~rector of
Plann~ng and ~n such cases, no Certlficate of Approprlateness
from the Landmarks Commlssion shall be requlred.
Sectlon 9616. Ordlnary Maintenance. Nothlng con-
tained ln this Chapter shall be construed to prevent the
ord~nary malnten~nce or repalr of any exterlor features of a
Landmark, or of a building or structure wlthin a HlstorlC
Dlstrlct which does not lnvolve any detrlmental change or
modlflcation of such exterior features. In such cases, no
Certlf~cate of Approprlateness from the Landmarks CommlSSlon
shall be requlred.
Sectlon 9617. Ma~. All deslgnat~ons of Landmarks,
and any def1nltlons and descrlptlons of a Landmark Parcel
thereto, and all deslgnatlons of Historlc Dlstricts, shall
be recorded on a Landmark and HistorlC D~strict map by the
Dlrector of Planning.
Section 9618. y?~untary Restrictlve Covenants.
Upon approval by the City Councll, the owner of a Landmark
may enter into a restr~ct~ve covenant with the C~ty regardlng
such Landmark after negotlatlons wlth the Landmarks COmM1SSlon.
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Sect~on 9619. Wa~ver. The Bu~ld~ng Officer of the
City shall have the power to vary or walve any provlslon of
the Santa Monlca BUlld~ng, Electr~cal Houslng, Mechan~cal, or
Plumb~ng Codes, pursuant to such Codes, in any case wh~ch
he determ~nes that such variance or waiver does not endanger
the publ~c health or safety, and such act~on ~s necessary for
the cont~nued h~stor~cal preservat~on of a Landmark.
SECTION 2. Any prov~sion of the Santa Mon~ca
Mun~cipal Code, or appendlces thereto lnconSlstent herewlth,
to the extent of such lnconslstencies and no further, are
hereby repealed or modi fled to that extent necessary to
effect the provls~ons of th~s ord~nance.
SECTION 3. If any section, subsect~on, sentence,
clause or phrase of thlS ord~nance ~s for any reason held to
be invalid or unconstltut~onal by a decis~on of any court of
competent Jurlsdictlon, such decislon shall not affect the
valldlty of the remainlng portlons of the ordlnance. The
City Councll hereby declares that it would have passed thlS
ordinance and each and every sectlon, subsectlon, sentence,
clause or phrase not declared invalld or unconstltutlonal
wlthout regard to whether any portion of the ordlnance would
be subsequently declared lnval~d or unconstitutional.
SECTION 4. The Mayor shall sign and the City
Clerk shall attest to the passage of thls ordlnance. The
City Clerk shall cause the same to be publlshed once In the
offlcla1 newspaper wlthln flfteen (15) days after its adoption.
The ordlnance shall become effectlve after thirty (30) days
from its adoptlon.
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ADOPTED and APPROVED this 23rd day of March
1975.
.7~f;;; ~~
. Mayor
ATTEST:
~!J:hJ;6
l C~ty Clerk-If ' ~
=' l
STATE OF CALIFORN~l
COUNTY OF LOS ANGrtES ss.
CITY OF SANTA MONICA
I do hereby cert2fy that the foregolng ordlnance was
duly and regularly introduced at a rneet~ng of the Clty Councll
held on the 9th day of
.March
, 1976; that thereafter
the said ordinance was duly adopted at a meet~ng of the Clty
Counc~l on the 23rd day of
March
, 1976, by the follow2ng
vote of the Counc~l:
AYES:
Counc~lrnernber: McCloskey, Reed, Swink,
van den Steenhoven,
Trives
NOES:
Councllrnernber: Cohen
ABSENT.
Councilrnernber: Judson
/~d;)j;?~
! City Clerk V.
APPROVED AS TO FOID4:
;~4.J L ll!uln~
\~,~ ~- ~ 'ti ty rAttoi'ney ,
-27-
DATE:
TO:
FROM:
-.
CITY OF SANTA MONICA
INTER-DEPARTMENT MEMO
March 26, 1976
K. o. Grubb, City Clerk
Dennis T Ornoto, Deputy City Attorney
SUBJECT: Landmarks Ordinance
.
Please find attached page 21 of the Landmark and Historic
District Ordinance of the City of Santa Monica which has
been corrected pursuant to S61S of the Charter of the City
of Santa Mon~ca.
More particularly, the first sentence of S96l3B was
corrected on the attached page.
Thank you for your courtesy and cooperation ~n regard to
this matter.
.y~
DENNIS T OMOTO
DTO:cam
APPROVED AS TO FORM:
~l~
C~ty Attorney
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RLK:SIS:DTO:cam 3.26.76
-
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of one hundred elghty (180) days from the effectlve date of
the flnal actlon upon such prlor appllcatlon.
Sectlon 9613. A~peals.
An appeal to the Clty
Councl1 of an actlon of the Landmarks CommlSSlon shall be
processed in accordance wlth the followlng procedure:
A. Each of the followlng actlons by the
CommlSS1on may be appealed to the Clty Councl1:
1. A determlnatlon of the CommlSSlon that
an appllcatlon for the deslgnat10n of a Landmark or of a H1S-
torlC Distrlct does not merlt formal consideratlon by the Commlsslon,
and a determlnatlon thereto not to schedule a publlC hearlng;
2. A declslon of the Commlss1on, after
a publlC hearlng, to approve, In whole or In part, or dlS-
approve an appllcatlon for the deslgnatlon of a Landmark;
3. A decls10n of the Commlssion, after a
publlC hearlng, def.Lnlng and describlng an appropr.Late Landmark
Parcel upon WhlCh a Landmark lS sltuated;
4. A determlnatlon of the CommlS aon,
after a publlc hear.Lng, amendlng, modlfYlng, or resclndlng any
declSlon to deslgnate a Landmark or Landmark Parcel, or any
prellmlnary or supplemental deslgnatlons, determlnatlon, or
deC1S10ns, as addltlons thereto;
5. A declslon of the Commlsslon to approve,
lD whole or In part, or dlsapprove an applicatlon for a
Certlflcate of Approprlateness .
I
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B. Any resldent of the City, or non-resldent owner
of a designated Landmark or L~ndmark Parcel, or of a buildlng or
structure wlthln a deslgnated HlstorlC Dlstrlct may appeal a
determlnatlon or declslon of the Commlsslon by properly flllng
~
wlth the Director of Plannlng and the Clty Clerk a Not1ce of
Appeal on a form furnlshed by the Plannlng Department.
Such
NotlCe of Appeal shall be flIed wlth the Dlrector of Plannlng
-21-
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RLK:SIS:DTO:~"s ;1.4,75
e
of one hundred elghty (180) days from the effective date of
the final act~on upon such prior application.
Section 9613. Appeals. An appeal to the Clty
Council of an actlon of the Landmarks CO~~lSSlon shall be
processed in accordance with the followlng procedure:
A. Each of the following actlons by the
CO~~lsSlon may be appealed to the Clty Council:
1. A determlnation of the CO~~isslon
that an appllcatlon for the deslgnatlon of a Landmark or of
a Hlstorlc District does not merit formal conslderatlon
by the Co~mlsslon, and a determlnatlon thereto not to schedule
a public hearlng;
2. A declsion of the CO~~isslon, after
a publlC hearlng, to approve, In whole or in part, or disapprove
an appl~catlon for the designation of a Landmark;
3. A declsion of the commission, after a
publlC hearing, definlng and describlng an appropriate Landmark
Parcel upon which a Landmark lS situated;
4. A determlnatlon of the COW~lsslon,
after a publlC hearlng, amendlng, modlfying, or rescindlng any
decision to designate a Landmark or Landnark Parcel, or any
prellminary or supplemental deslgnatlons, determinatlon, or
deC1Slons, as additions thereto;
5. A decislon of the CO~~lssion to approve,
in whole or in part, or dlsapprove an application for a
Certlficate of Appropriateness.
B. Any resldent of the Clty ~ay appeal a
determination or decislon of the CO~~lssion by properly filing
with the Director of Plannlng and the City Clerk a Notice of
Appeal
on a form furnlshed by the Plannlng Department. Such
Notice of Appeal shall be flIed with the Director of Plannlng
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