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O1557 e e CA:RMM:mz334/hpadv City Council Meeting 11-13-90 Santa Monica, California ORDINANCE NUMBER 1557 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6A TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE IMPLEMENTING PROCEDURES FOR REVIEW OF THE ALTERATION OR DEMOLITION OF STRUCTURES LOCATED IN THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT WHEREAS, on July 24, 1990, the City Council found and declared that the Third Street Neighborhood Historic District possesses aesthetic significance to Santa Monica; and WHEREAS, the area displays a high percentage of original, turn of the century structures, a consistency in building type, primarily the California bungalow, and a close association with the natural environment, as demonstrated in particular by the siting of the homes on the east side of Third street which are set into the slope of the hill and these elements combine to create an area with both a sense of place and a sense of Santa Monica's pastT and WHEREAS, the City Council found and declared that the Third Street Neighborhood Historic District possesses historical economic significance to Santa Monica in that the Vawter family, leading developers of the Neighborhood, were also influential in the economic success of Ocean Park through the founding and operation of Ocean Park's first bank and through the ownership - 1 - e e and operation of one of Ocean Park I s earliest businesses and tourist attractions, the Ocean Park Floral company; and WHEREAS, the development of piers, bathhouses and hotels stimulated growth in the Ocean Park area by providing jobs and attracting both residents and visitors to Ocean Park and to the Third street Neighborhood; and WHEREAS, the City Council found and declared that the Third street Neighborhood Historic District possesses historic significance to Santa Monica in that the neighborhood is associated with many prominent early City residents, including the Vawter, Hostetter and Archer families, and Abbot Kinney; and WHEREAS, the City Council found and declared that the Third street Neighborhood Historic District possesses architectural significance to Santa Monica in that the area displays a variety of architectural styles, from victorian to Gothic, to American Colonial Revival, to california Craftsman, to spanish Colonial Revival; and WHEREAS, the City Council found and declared that the Third street Neighborhood Historic District possesses cultural significance to Santa Monica in that the area has ties to Santa Monica's religious, artistic, and political life through the inclusion of both the Church in Ocean Park and the Iglesia El Sermon Del Monte Asambleas De Dios (built in 1916 as the First Baptist Church) in the District, the Neighborhood's proximity to the murals along the Ocean Park Boulevard/Fourth Street overpass, and the use of the Archer House by the Ocean Park Community Center; and - 2 - e e WHEREAS, the City Council directed Staff to prepare a comprehensive ordinance for the Third street Historic District which included procedures for the review and approval of remodeling, demolition, and addition to structures within the Third Street Historic District, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6A is added to Article IX of the santa Monica Municipal Code to read as follows: Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT STANDARDS SECTION 9631. Definitions. Words or phrases as used in this Chapter shall have the meaning as defined in section 9602 except as otherwise defined as follows: (a) Certificate of Administrative Approval. A certificate issued by the Landmarks Commission Secretary, or Landmarks Commission on Appeal, for a Project in the Third street Neighborhood Historic District pursuant to Section 9633(b). (b) certi~icate of Appropriateness. A certificate issued for a project in the Third street Neighborhood Historic District pursuant to section 9633(c). (c) Certificate of Exemption. A certificate issued by the Landmarks commission Secretary for a Project in the Third street Neighborhood Historic District pursuant to Section 9633(a). - 3 - e e (d) Contributing structures. All structures 10ca ted wi thin the Third street Neighborhood Historic District boundaries that were constructed in 1935 or earlier. (e) District. The Third street Neighborhood Historic District. (f) Project. Any alteration, restoration, construction, reconstruction, removal, relocation, or demolition of a structure within the Third Street Neighborhood Historic District. (9) Third street Neighborhood Historic District Boundaries. The Third street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third street; bounded on the south by Hill street including the parcels on the south side of the street but exclUding the parcel on the southeast corner of Hill Street and Third Street: bounded on the west by the rear property line of the parcels on the west side of Second street: and bounded on the north by the souths ide of Ocean Park Boulevard. (h) Non-contributing structures and Sites. All structures located within the Third street Neighborhood Historic District boundaries constructed after 1935 as well as vacant parcels. (i) secretary of the Interior'S standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildings. Those certain guidelines for the - 4 - e e planning and review of historic building rehabilitation, restoration, al teration and addi tion, prepared by the United states Department of Interior dated 1976, and as may be amended from time to time. SECTION 9632. Applicability. (a) Automatic Exemption. No city approval shall be required for work to a contributing or non-contributing building if no building permit is required and if the work does not require a certificate of Administrative Approval or Certificate of Appropriateness under this section. (b) Certificat.e of Exemption. A certificate of Exemption shall be required for the following work to contributing and Non-Contributing buildings within the District if a Building permit is required: (1) All interior alterations. (2) House painting resulting in no change in color. (3) New screens. (4) Flat concrete work in the side and rear yards. (5) Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used. (6) General maintenance and repair if it results in no change in existing appearance. (7) Removal or addition of minor landscape - 5 - e e features, including sprinkler systems and excluding mature trees. (8) Removal of mature trees if severely damaged or diseased. (9) Emergency repairs necessary to preserve life, health, or property as determined by the Building Officer to be immediate and necessary. (10) Rear or side yard fences. A Certificate of Exemption shall be required for the following work to Non-Contributing buildings within the District if a Building Permit is required: (1) Roofing work, other than general maintenance. (2) maintenance. Foundation work, other than general (3) Chimney work, other than general maintenance. (c) Certificate of Administrative Approval. A Certificate of Administrative Approval shall be required for the following work to Contributing and Non-contributing buildings within the District: (1) House painting reSUlting in a change in color. (2) Retaining walls. (3) New windows or doors. (4) Skylights. (5) Removal of mature trees if specifically - 6 - e e identified in a landscape survey adopted by the Landmarks Commission. ( 6) Rem.oval, demol i tion , addition or alteration to front yard fences. (7) Removal, demolition, addition, alteration, or repaving of front yard paving, concrete work or walkways, if material used changes existing appearance. (S) Roof top solar equipment or exterior telecommunication equipment. (9) Mechanical systems including air conditioning or heating. A Certificate of Administrative Approval shall be required for the following work to contributing Buildings within the District: (1) Roofing work, other than general maintenance. (2) maintenance. Foundation work, other than general (3) maintenance. (d) certificate of Appropriateness. A certificate of Appropriateness shall be required for the following work to Contributing and Non-Contributing buildings within the Third street Neighborhood Historic District: (1) Surfacing and resurfacing of exterior walls if it changes appearance. (2) Removal, demolition, addition or alteration to the front of structures. chimney work, other than general - 7 - e e (3) Removal, demolition, addition or alteration to the side or rear of structures. (4) Construction of new buildings within the Third street Historic District boundaries. (5) Relocation of buildings within, out of, or into the Third street Neighborhood Historic District. (6) Removal, demOlition, addition or alteration to building roof lines. (?) Any other similar work not enumerated in subdivision (a), (b), or (c) of this Section, as determined by the Landmarks Commission Secretary wi thin his or her sole discretion, except that any demolition of a contributing or Non-contributing structure shall be governed by the provisions of Section 9635. SECTION 9633. criteria For Issuance of Applications. (a) Criteria for Issuance of Application for Exemption. The Landmarks commission Secretary shall issue a Certificate of Exemption for Projects in the District if the Secretary finds that the proposed Project is included within the list of work enumerated in Section 9632(b). (b) Criteria for Issuance of Application for Certificate of Administrative Approval. The Landmarks Commission secretary, or the Landmarks commission on appeal, shall issue a Certificate of Administrative Approval for proj ects in the District if the Secretary - 8 - e e or commission finds that the Project is included within the list of work enumerated in Section 9632(c); that the Project is not detrimental to the character of the structure; and that the proj ect does not detract from the integrity of the district. (c) Cri~eria for Issuance of Applica~ion for Certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a certificate of Appropriateness for Projects in the District if it finds that the project is included within the list of work enumerated in section 9632 Cd), and it makes a determination in accordance with anyone or more, as appropriate, of the following criteria, which shall be in lieu of those otherwise required by Section 9611(b): ( 1) That in the case of any proposed alteration, restoration, construction, removal, or relocation, in whole or in part of or to a contributing building or structure within the District, the proposed work would not be incompatible with the exterior features of other contributing improvements within the District, not adversely affect the character of the District, and not be inconsistent with any design guidelines and standards that may be developed and adopted by the Landmarks Commission specifically for the District. (2) That in alteration, restoration, the case of construction, any proposed removal, or - 9 - It e relocation, in whole or in part, of or to a contributing building or structure within the District, the proposed work would not adversely affect any exterior feature of the historic structure. (3) That in the case of any proposed work to a non-contributing building or structure within the District reasonable effort has been made to produce compatibility with the District character as set forth in Section 9630, and with the scale, materials, and massing of the contributing structures within the District. (4) That in the case of any proposed construction of a new improvement on any parcel located within the District boundaries, the exterior features of such new improvement and its placement on the property would not adversely affect and not be disharmonious with the District character as set forth in Section 9630, and with the scale, materials, and massing of the contributing structures within the District. (5) That the applicant has obtained a Certificate of Economic Hardship in accordance with Section 9611.5. SECTION 9634. Procedures. (a) certificate of Exemption and Certificate of Administrative Approval. (1.) Application Process. An application for a Certificate of Exemption and Certificate of - 10 - e e Administrative Approval for a Project in the District shall be filed only by the property owner or the property owner I s authorized agent on a form supplied by the city. An application shall be deemed complete within 30 days after the Planning Division receives a substantially complete application together with all information, plans, specifications, statements of work, photographs of the affected area of the property, verification that notice of the pending application has been posted on the property, and other material and documents required by the application. If, within the specif ied 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 that application, the application shall automatically be deemed complete. A public hearing shall not be required for issuance of a Certificate of Exemption or a certificate of Administrative Approval, but posting of the property pursuant to Section 9634(a} (3) shall be required. (2) Timing of Application. A Certificate of Exemption for a project in the District approved by the Landmarks Commission secretary shall be required to be issued prior to issuance of any Building permit for the use or activity. A Certificate of Administrative Approval shall be required to be issued prior to issuance of any Building Permit for, or commencement of, the use or activity. - 11 - e e (3) posting of Property. Prior to filing an application for a Certificate of Administrative Approval for a Project in the District, the applicant shall post notice of the pending application on the property in the manner set forth by the Zoning Administrator in the Application Form supplied by the city. This notice must be continuously posted while the application is pending. This requirement shall not apply to applications for a Certificate of Exemption. (4) Determination. The Landmarks Commission Secretary shall issue or deny a certificate of Exemption or a Certificate of Administrative Approval for a proj ect in the District within 30 days of the application being deemed complete. For a certificate of Administrative Approval, the Landmark Commission Secretary shall post this determination on the property and the applicant shall ensure that the determination remains posted for the duration of the appeal period. The Landmarks Commission Secretary shall also post this determination on the city I S Public Electronic Network. The Landmarks Commission Secretary shall send a copy of the determination to all members of the Landmarks Commission and to the Committee created pursuant to Section 9639 of this Chapter. (b) Certificate of Appropriateness and Certificate of Economic Hardship. (1) Application Process. a Certificate of Appropriateness, - 12 - An application for or Certificate of e e Economic Hardship for a Project in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the city. A Certificate of Appropriateness and certificate of Economic Hardship shall be processed in accordance with Section 9612 (a) through 9612 (k) , except that the applicant shall also be required to post notice of the pending application as provided in Section 9634 (b) (3) , that notice of the public hearing shall be conducted as provided in Section 9634 (b) (4), and that the applicant must provide verification at the time of application that they have met with representatives of any Third street Neighborhood Historic District neighborhood association as may exist. (2) Timinq of Application. A certificate of Appropriateness or Certificate of Economic Hardship for a project in the District approved by the Landmarks Commission shall be required to be issued prior to issuance of any demolition permit, Building Permit for, or commencement of, the use or activity. (3) Posting of Property. Prior to filing an application for a Certificate of Appropriateness, or certificate of Economic Hardship for a Project in the District, the applicant shall post notice of the pending application on the property in the manner set forth by the zoning Administrator in the Application Form supplied by the city. This notice must be continuously posted while the application is pending. - 13 - e e (4) Notification. Within 10 days of deeming an application for a Certificate of Appropriateness or Certificate of Economic Hardship complete, notice of the date, time, place, and purpose of the public hearing shall be given by at least one publication in a daily newspaper of general circulation shall be mailed to the applicant, and to the residents and owners of all real property within the Third street Neighborhood Historic District, as well as to the residents and owners of all real property within 300 feet of the exterior boundaries of the property involved. The notice shall also be posted on the City's Public Electronic Network 6 The public hearing for said notice shall occur not less than 10 days and no more than 35 days after notice is given. 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 invalidate any proceedings in connection with the proposed project. The commission may also give such other notice as it may deem desirable and practical. (5) Determination. The Landmarks Commission shall issue its determination on a Certificate of Appropriateness or Certificate of Economic Hardship for a Proj ect in the District in accordance wi th Section 9612(e) through 9612(g). (c) Appeals. Appeals shall be processed according to the following procedures: - 14 - e e (1) Certificate of Exemption. The approval, conditions of approval, or denial of a certificate of Exemption shall not be appealable, except that upon the request of the applicant the Landmarks C01llmission Secretary shall process any such denial as an application for a Certificate of Administrative Approval or Certificate of Appropriateness, as appropriate. The applicant must comply with all rules and procedures, including the payment of any applicable fees, governing the applicable certificate. (2) Certificate of Administrative APproval. The approval, conditions of approval, or denial of a Certificate of Administrative Approval for a Project in the District may be appealed to the Landmarks Commission by any aggrieved person. Appeals must be filed within 14 days of the date the determination is posted on the property. A publ ic hearing before the Landmarks Commission shall be scheduled at the next available regular meeting. Public notice of the appeal hearing shall conform to the manner in which the original notice of application was given. Notice of the appeal hearing shall also be posted on the City' s Public Electronic Network. (3) Certificate of Appropriateness and Certificate of Economic Hardship. The approval, conditions of approval, or denial of an application for a Certificate of Appropriateness or Certificate of - 15 - e It Economic Hardship may be appealed to the Ci ty Council according to the procedures set forth in Section 9613. (d) Expiration of Approvals. Any Certificate issued for a project in the District pursuant to this Chapter shall expire of its own limitation within a one year time period commencing on the effective date of the certificate if the work authorized is not conunenced by the end of such one year time period. In addition, any Certificate shall also expire and become null and void if such work authorized is suspended or abandoned for a one hundred and eighty (180) day time period after being commenced. (e) Effective oat.e of Decision. A decision on a project in the District that is subject to appeal shall not become effective until after the date the appeal period expires. A decision not subject to appeal shall become effective upon issuance. (f) Extension of Approvals. The Landmarks Commission may, by resolution, for good cause, extend the time period for exercising a certificate of Exemption, a Certificate of Administrative Approval, Certificate of Appropriateness or Certificate of Economic Hardship for a Project in the District for a period of up to one hundred and eighty (180) days upon such terms and conditions as the Commission deems appropriate. Such extended Certificate shall expire if the work authorized by the extension is not commenced by the end of the extension period. - 16 - e . (g) ResUbmittal of an Application. Notwithstanding Section 9612(l), whenever an application for a Certificate of Exemption or Certificate of Administrative Approval, for a proj ect in the District has been deemed disapproved by the Landmarks Commission Secretary or by the Landmarks commission on appeal, or whenever an application for a certificate of Appropriateness or certificate of Economic Hardship for a Project in the District has been deemed disapproved by the Landmarks Commission or by the City Council on appeal, no application which is substantially the same may be resubmitted to or reconsidered by the the Landmarks commission Secretary, Landmarks Commission or city Council for a period of twelve (12) months from the date of the effective date of the final action. However, any such Certificate application may be refiled at any time during the twelve month period provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. The refiled application shall be processed in the same manner as the original application. (h) Fees. The City council may by Resolution establish fees for any application or appeal permitted by this Chapter. Members of the Landmarks Commission shall not be required to pay a fee when filing an appeal of the determination for a certificate of Administrative Approval or Certificate of Appropriateness. No fee - 17 - e e shall be required for a Certificate of Exemption and a Certificate of Administrative Approval. (i) other city Approvals. In connection with any project that requires a Certificate of Exemption, certificate of Administrative Approval, Certificate of Appropriateness, or Certificate of Economic Hardship under this Chapter, any approval of such project by any other city body, board, commission, or officer shall be conditioned on obtaining the necessary approval pursuant to this Chapter. SECTION 9635. Demolition. (a) Contributing structures. The demolition of contributing structures located within the District shall only be permitted upon issuance of a certificate pursuant to subsections (1) or (2) below: (I) The Landmarks Commission I s issuance of a Certificate of Appropriateness based upon all of the fOllowing findings: A. That the structure does not embody distinguishing architectural characteristic 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, - 18 - It e California Registered Historical Landmark, or California Point of Historical Interest. B. 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, including relocation within the District boundaries is not feasible. C. That the removal of the structure from the District will not result in a loss of the District's historic integrity. (2) The Landmarks commission's issuance of a Certificate of Economic Hardship in accordance with Section 9611.5. (b) Non-contributing structures. The demolition of non-contributing structures located wi thin the District shall be permitted only upon compliance with the procedures set forth in section 9048.1. (c) Demolition Permit Order of Review. Whenever a Project is proposed for a structure or site within the District boundaries that involves the demolition of a contributing structure and will require the review, approval, or issuance of any Zoning Administrator Permit, Conditional Use Permit, Development Review permit, Tentative Parcel Map, Tentative Tract Map, or building permit the applicant must first obtain either a certificate of Appropriateness or a Certificate of - 19 - e e Economic Hardship from the Landmarks Commission to permit such demolition. SECTION 9636. Architectural Review Board Exemption. All structures located within the boundaries of the District shall be excluded from any City archi tectural review district, and be exempt from Architectural Review Board approval. SECTION 9637. Design Guidelines. (a) The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be used by the Landmarks Commission and Landmarks Commission secretary to assist in its evaluation of proposed projects within the District. The Secretary's Guidelines, however, shall not be considered dispositive with respect to any project or determination on any Certificate required for work in the District. (b) The Landmarks Commission shall adopt design guidelines for the District within 180 days of the date of adoption of this Chapter. SECTION 9638. Maintenance and Repair. Every property owner of a structure within the District shall have the duty of keeping in good repair all exterior features of the District structure, and all interior features thereof which, if not so maintained, may cause or tend to cause the exterior features of the Historic - 20 - e e District structure to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. Any property owner who fails to comply with this Section shall be given written notice by the City of the violation of this section and shall within 60 days of receipt of written notice from the City bring the property into compliance with this section. SECTION 9639. citizen Participation. The Landmarks Commission, within 90 days of the date of adoption of this Chapter, shall adopt a resolution establishing an ongoing process to ensure citizen participation in the proceedings under this Chapter. The resolution shall include: (a) A committee established by and reporting to the Landmarks commission consisting of at least one member of the Landmarks Commission and two members of the public residing within the District. (b) Distribution to the Committee of all applications for Certificates of Appropriateness filed under this Chapter, all determinations and appeals concerning certificates of Administrative Approval, and any pending conceptual review proceeding pursuant to Section 9640. (c) Procedures by which the Committee shall make recommendations to the Landmarks Commission concerning applications filed under this Chapter. - 21 - e e SECTION 9640. Conceptual Review by Landmarks Commission. Any project that requires a Certificate of Appropriateness pursuant to this Chapter and also requires discretionary review by the Planning Commission shall be reviewed in concept by the Landmarks Commission before the review by the Planning Commission. Following such conceptual review, the Landmarks Commission shall transmit the results of its deliberations to the Planning Commission. The Planning Commission in its deliberations shall consider the comments of the Landmarks Commission. SECTION 9641. Landscape Survey. The Landmarks commission shall prepare a landscape survey within l80 days of the date of adoption of this Chapter. The landscape survey shall survey the mature trees wi thin the District. SECTION 2. Any provision of the Santa Monica 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 affect the provisions of this ordinance. SECTION 3. 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 - 22 - e e declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or 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 4. 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 AT TO FORK: ~~~~ ROBERT M. MYERS city Attorney - 23 - II e e Adopted and approved this 13th day of November, 1990. D~~r I hereby certify that the foregoing Ordinance No. 1557 was duly and regularly introduced at a meeting of the City council on the 30th day of October 1990; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 13th day of November 1990 by the following Council vote: Ayes: councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Noes: Councilmembers: none Abstain: Councilmembers: none Absent: Councilmembers: Reed ~ - - '- ATTEST: ,...... -.....-..--