O1429
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City Council Meeting 12-8-87
Santa Monica, California
ORDINANCE NUMBER 1429(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 9611 AND 9612 AND ADDING SECTION 9611.5
TO THE SANTA MONICA MUNICIPAL CODE TO PROTECT AND
PRESERVE DESIGNATED LANDMARKS FROM DEMOLITION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA nOES ORDAIN AS
FOLLOWS:
SECTION 1. section 9611 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION
9611.
certificate
of
Appropriateness criteria.
For purposes of
this Chapter, the Landmarks Commission, or the
Ci ty Council on appeal,
shall issue a
certificate
of
Appropriateness
for
any
proposed
alteration,
restoration,
construction, removal, relocation, demolition,
in whole or in part, of or to a Landmark or
Landmark Parcel, or of or to a building or
structure within a Historic District if it
makes a determination in accordance with any
one or more of the following criteria:
A. That in the case of any proposed
alteration,
restoration,
removal,
or
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relocation, in whole or in part, of or to a
Landmark or to a Landmark Parcel, the proposed
work would not detrimentally change, destroy,
or adversely affect any exterior feature of
the Landmark or Landmark Parcel upon which
such work is to be done.
B. That in the case of any proposed
alteration, restoration, construction,
removal, or relocation, in whole or in part,
of or to a building or structure wi thin a
Historic District, the proposed work would not
be incompatible with the exterior features of
other improvements within the Historic
District, not adversely affect the character
of the Historic District for which such
Historic District was designated, or not be
inconsistent with such further standards as
may be embodied in the ordinance designating
such Historic District. For any proposed work
to any building or structure whose exterior
features are not already compatible with the
exterior features of other improvements within
the Historic District, reasonable effort shall
be made to produce compatibility, and in no
event shall there be a greater deviation from
compatibility.
c. That in
construction
of
a
the case of any proposed
new improvement upon a
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Landmark Parcel, the exterior features of such
new improvement would not adversely affect and
not be disharmonious wi th the exterior
features of other existing improvements
situated upon such Landmark Parcel.
D. That the applicant has obtained a
certificate of Economic Hardship in accordance
with Section 9611.5.
E. That the Commission makes both of
the following findings:
1. That the structure does not
embody distinguishing architectural
characteristics valuable to a study of a
period, style, method of construction or the
use of indigenous materials or craftsmanship
and does not display such aesthetic or
artistic quality that it would not reasonably
meet the criteria for designation as one of
the following: National Historic Landmark,
National Register of Historic Places,
California Registered Historical Landmark, or
California Point of Historical Interest.
2. That the conversion of the
structure into a new use permitted by right
under current zoning or with a Conditional Use
Permit, rehabilitation, or some other
alternative for preserving the structure,
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including relocation within the City is not
feasible.
SECTION 2. Section 9611.5 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 9611.5. certificate of Economic
Hardship_
A. Application for a certificate of
Economic Hardship shall be made on a form
furnished by the Planning oi vision. An
application shall be processed in accordance
with the same procedures set forth in sections
9612 and 9613 of this Code.
B. The Landmarks Commission may solicit
expert testimony or require that the applicant
for a Certificate of Economic Hardship make
submissions concerning any or all of the
following information before it makes a
determination on the application:
1. Estimate of the cost of the
proposed construction, alteration, demolition,
or removal, and an estimate of any additional
cost that would be incurred to comply with the
recommendations of the Landmarks Commission
for changes necessary for the issuance of a
certificate of Appropriateness. In connection
with any such estimate, rehabilitation costs
which are the result of the property owner's
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intentional or negligent failure to maintain
the designated landmark or property in good
repair shall not be considered by the
Landmarks Commission in its determination of
whether the property may yield a reasonable
return to the owner.
2. A report from a licensed
engineer or architect with experience in
rehabilitation as to the structural soundness
of any structures on the property and their
suitability for rehabilitation.
3. Estimated market value of the
property in its current condition; estimated
market value after completion of the proposed
construction, alteration, demolition, or
removal; estimated market value after any
changes recommended by the Landmarks
Commiss ion; and, in the case of a proposed
demolition, estimated market value after
renovation of the existing property for
continued use.
4. In the case of a proposed
demolition, an estimate from an architect,
developer, real estate consultant, appraiser,
or other real estate professional experienced
in rehabilitation as to the economic
feasibility of rehabilitation or reuse of the
existing structure on the property.
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5. Amount paid for the property,
the date of purchase, and the party from whom
purchased, including a description of the
relationship, if any, between the owner of
record or applicant and the person from whom
the property was purchased, and any terms of
financing between the seller and buyer.
6. If the property is
income-producing, the annual gross income from
the property for the previous two years;
itemized operating and maintenance expenses
for the previous two years; and depreciation
deduction and annual cash flow before and
after debt service, if any, during the same
period.
7. If the property is not
income-producing, proj ections of the annual
gross income which could be obtained from the
property in its current condition, in its
rehabilitated condition, or under such
conditions that the Landmarks Commission may
specify.
8. Remaining balance on any
mortgage or other financing secured by the
property and annual debt service, if any, for
the previous two years.
9. All appraisals obtained within
the previous two years by the owner or
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applicant in connection with the purchase,
financing, or ownership of the property.
10. Any listing of the property
for sale or rent, price asked, and offers
received, if any, within the previous two
years.
11. Assessed
property according to the
assessments.
value of the
two most recent
12. Real estate taxes for the
previous two years.
13. Form of ownership or
operation of the property, whether sole
proprietorship, for profit or not-far-profit
corporation, limited partnership, joint
venture, or other.
14 . Any other information
considered necessary by the Landmarks
Commission to a determination as to whether
the property does yield or may yield a
reasonable return to the owners.
C. In considering an Application for a
Certificate of Economic Hardship, the
Commission shall consider all relevant
factors. In order to grant a Certificate of
Economic Hardship, the Landmarks Commission
must make a finding that without approval of
the proposed demolition or remodeling, all
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reasonable use of or return from a designated
landmark or property wi thin a Historic
District will be denied a property owner. In
the case of a proposed demolition, the
Landmarks Commission must make a finding that
the designated landmark cannot be remodeled or
rehabilitated in a manner which would allow a
reasonable use of or return from such landmark
or property to a property owner.
D. Upon a finding by the Commission
that without approval of the proposed work,
all reasonable use of or return from a
designated landmark or property within a
historic district will be denied a property
owner, then the application shall be delayed
for a period not to exceed one hundred twenty
(120) days. During this period of delay, the
Commission shall investigate plans and make
recommendations to the City Council to allow
for a reasonable use of, or return from, the
property, or to otherwise preserve the subject
property. Such plans and recommendations may
include, but are not limited to, provisions
for relocating the structure, a relaxation of
the provisions of the ordinance, a reduction
in real property taxes, financial assistance,
building code modifications, and/or changes in
zoning regulations.
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E. If, by the end of this one hundred
twenty (120) day period, the Commission has
found that without approval of the proposed
work, the property cannot be put to a
reasonable use or the owner cannot obtain a
reasonable economic return therefrom, then the
Commission shall issue a Certificate of
Economic Hardship approving the proposed work.
If the Commission finds otherwise, it shall
deny the application for a Certificate of
Economic Hardship and notify the applicant by
mail of the final denial.
SECTION 3. Section 9612 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 9612. certificate of
Appropriateness/Certificate of Economic
Hardship Procedure. An application for a
Certificate of Appropriateness or an
application for a Certificate of Economic
Hardship approving any proposed alteration,
restoration, construction, removal,
relocation, or demolition, in whole or in
part, of or to a Landmark or Landmark Parcel,
or of or to a building or structure within a
Historic District shall be processed in
accordance with the following procedure:
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A. Any owner of a Landmark, or of a
building or structure within a Historic
District may request the issuance of a
certificate of Appropriateness or certificate
of Economic Hardship by properly filing with
the Director of Planning an application for
such Certificate of Appropriateness or
certif icate of Economic Hardship on a form
furnished by the Planning Division. Each
application for a certificate of
Appropriateness or certificate of Economic
Hardship shall include such plans,
specifications, statements of work, and any
other information which are reasonably
required by the Landmarks Commission to make a
decision on any such proposed work. An
application shall be deemed complete within
thirty (30) days after the Planning Division
receives a substantially complete application
together with all information, plans,
specifications, statements of work, and any
other materials and documents required by the
appropriate application forms supplied by the
city. If, within the specified time period,
the Planning Division fails to advise the
applicant in writing that his or her
application is incomplete and to specify
additional information required to complete
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that application, the application shall
automatically be deemed complete.
B. The Director of Planning shall
schedule a public hearing to be held within
forty-five (45) days of the date on which an
application for a Certificate of
Appropriateness or Certificate of Economic
Hardship was deemed complete.
C. The Director of Planning shall
conduct a preliminary evaluation of the
application for a Certificate of
Appropriateness or Certificate of Economic
Hardship and shall make a preliminary
recommendation to the Commission on or before
the date scheduled for a public hearing as to
the appropriateness and qualification of the
application for a Certificate of
Appropriateness or Certificate of Economic
Hardship.
D. Not more than twenty (20) days and
not less than ten (lO) days prior to the date
scheduled for a public hearing, notice of the
date, time, place, and purpose thereof shall
be given by at least one publication in a
daily newspaper of general circulation, shall
be mailed to the applicant, and to the owners
of all real property within three hundred
(300) feet of the exterior boundaries of the
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Landmark Parcel upon which a Landmark is
situated in the case of any proposed work to a
Landmark, or within three hundred (300) feet
of the exterior boundaries of the lot or lots
on which a building or structure within a
Historic District is situated in the case of
any proposed work to a building or structure
within a Historic District, 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 is not a matter of public record shall
not inval idate any proceedings in connection
with the proposed designation. The Commission
may also give such other notice as it may deem
desirable and practicable.
E. Except as otherwise provided for in
subsection G hereof, or in Section 961lE.2, at
the conclusion of a public hearing, or any
continuation thereof, but in no case more than
forty-five (45) days from the date set for the
initial public hearing, the Commission shall
approve, in whole or in part, or disapprove
the application for a certificate of
Appropriateness or certificate of Economic
Hardship. If the Commission fails to take
action on the application for a certificate of
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Appropriateness or Certificate of Economic
Hardship within the forty-five (45) day time
period, the application for a certificate of
Appropriateness or Certificate of Economic
Hardship shall be deemed approved, and it
shall be the duty of the Director of Planning
to certify such approval. Notwithstanding the
foregoing, the commission may mutually agree
with the applicant for a Certificate of
Appropriateness or Certificate of Economic
Hardship to extend the forty-five (45) day
time period in which the Commission must take
action to another time period which is
mutually agreeable.
F. The decision of the Commission shall
be in writing and shall state the findings of
fact and reasons relied upon to reach the
decision, and such decision shall be filed
with the Director of Planning.
G. Subject to the provisions of section
9613 of this Chapter, upon the rendering of
such decision to approve an application for a
certificate of Appropriateness or certificate
of Economic Hardship, the Commission shall
issue the certificate of Appropriateness or
certificate of Economic Hardship within a
reasonable period of time and such issued
Certificate of Appropriateness or Certificate
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of Economic Hardship may be obtained by the
applicant from the Planning Division.
H. Subject to other provisions of this
section 9612 and Section 9613 of this Chapter,
a decision of the Commission shall be in full
force and effect from and after the date of
the rendering of such decision by the
Commission. A Certificate of Economic
Hardship may be appealed to the City Council
in the same manner and according to the same
procedures as for a Certificate of
Appropriateness.
I. Subject to other provisions of this
section 9612, a Certificate of Appropriateness
or Certificate of Economic Hardship shall be
in full force and effect from and after the
date of the issuance by the Commission. Any
certificate of Appropriateness or Certificate
of Economic Hardship issued pursuant to this
Chapter shall expire of its own limitation
within a one hundred eighty (18) day time
period commencing from the date of the
issuance of such Certificate of
Appropriateness or Certificate of Economic
Hardship if the work authorized thereby is not
commenced by the end of such one hundred
eighty ( l8 0) day time period. In addition,
any such Certificate of Appropriateness or
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Certificate of Economic Hardship shall also
expire and become null and void if such work
authorized is suspended or abandoned for a one
hundred eighty (180) day time period after
being commenced.
J. The commission shall have the power,
after a public hearing, to amend, modify, or
rescind any decision to approve, in whole or
in part, an application for a Certificate of
Appropriateness or certificate of Economic
Hardship and to make any preliminary or
supplemental designations, determinations, or
decisions, as additions thereto.
K. The Commission shall determine the
instances in which cases scheduled for public
hearing may be continued or taken under
advisement. In such instances, no new notice
need be given of the further hearing date,
provided such date is announced at the
scheduled public hearing.
L. The following rules shall limit the
resubmittal of an application for a
Certificate of Appropriateness or certificate
of Economic Hardship:
1. Whenever an application for a
Certificate of Appropriateness or certificate
of Economic Hardship for demolition has been
disapproved or deemed disapproved by the
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commission, or by the City council on appeal,
no application which is the same or
substantially the same as the one which has
been disapproved shall be resubmitted to or
reconsidered by the Commission or City Council
for a period of 5 years from the effective
date of the final action upon the prior
application. A Certificate of Appropriateness
or Certificate of Economic Hardship for
demolition may be refiled at any time during
the five year period provided that the
applicant submits significant additional
information, which was not and could not have
been submitted with the previous application.
A refiled application shall be processed in
the manner outlined in Section 9612. Under
this provision, should the applicant still
seek to demolish the landmark structure after
the 5 year period has expired, a new and
separate certificate of Appropriateness or
Certificate of Economic Hardship application
would be required to be refiled. This
application shall be subject to the same
conditions as the prior application.
2. Whenever an application for a
certificate of Appropriateness or Certificate
of Economic Hardship for other than demolition
has been disapproved or deemed disapproved by
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the Commission, or by the ci ty council on
appeal, no application which is the same or
substantially the same as the one which has
been disapproved shall be resubmitted to or
reconsidered by the Commission or City council
within a period of one hundred eighty ( 18 0)
days from the effective date of the final
action upon such prior application. A
Certificate of Appropriateness or certificate
of Economic Hardship for other than demolition
may be refiled at any time during the one
hundred eighty (180) day period provided that
the applicant submits significant additional
information, which was not and could not have
been, submitted with the previous application.
A refiled application shall be processed in
the manner outlined in Section 9612. Under
this provision, should the applicant still
seek approval for other than the demolition of
a landmark structure after the one hundred
eighty (180) day period has expired, a new and
separate Certificate of Appropriateness or
Certificate of Economic Hardship application
would be required to be refiled. This
application shall be subject to the same
conditions as the prior application.
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SECTION 4 .
Any provision of the Municipal Code or
appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
is hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
,... J~ .... \. \ _
I ~~\ ~.. ---
ROBERT M. MYERS
city Attorney
cr-
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I hereby certify that
ember, 1987.
Adopted and approv
fL-- -., ,
'-"'Mayor
e foregoing Ordinance No. 1429(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 1st day of December 1987; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 8th day of December 1987 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
"-~
ATTEST:
~/h~
ci ty -Clei'x - -
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PROOF OF PUBLICATION
(2015.5 C.C.P')
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
........................................~,..........
............. _r~~ 9:V.T~gg~..................
a newspaper of general circulation, printed
and published .l).~\J..X. ~~ ~t:.fX .~!-lff}?AX.
in the City of .~M.T^.M9nJk^..... .......
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general CIrculation by the Superior Court
of the County of Los Angeles, State of
California, underthedateof.\fh.lj.~.~ 19 At,
Case Number ..~H.n.~.....; that the notice,
of whIch the annexed is a printed copy (set
in type not smaller than nonparei I), has
been publiShed In each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to.wit.
December 16
" ...................... ............................... .., ....
all in the year 19. B7.
I certify (or declare) under penalty of
perlury that the foregoing is true and
cor rect
Dated at... ~~~.1'.~. r'9.l~}~.~.................
16 Dec.
Californ la, this......... .day of........, 1911:L.
.....~~...~..........
;Signature
FrH COp.IS of this ilia nil form may bl "cured from
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertiSing Clearmg House
POBox 3 1
Los Angeles, CA 90053 Telepnone 625-2541
Ple.,e reQue5f GE N E RAL proot ot PullllcUlon
",nen orc:leronfJ 'n.s form
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This space is for the Coun~~~.Itf:t./s FiHng Stamp
U~~~+t.::~'< o' _0
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1J7 DEe 21 P 1 :05
SANTA ~'.";,, _ _, .
Proof of Publication of
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