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Council Mtg October 14, 1997
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Santa Monica, California
OCT 1 5 1997
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Introduce for First Reading an Ordinance Amending
Section 90418 020(c} of the Santa MOnica MUnicipal Code to Section
9 04 18 020( c) of the Santa Monica Municipal Code to Allow the
Replacement of Non-Conforming Architectural Features Which have been
Removed from any Existing Building whIch IS Designated as a CIty of Santa
MOnica Landmark or IS Listed on either the California Register of Historical
Resources or the National Register of Historic Places Applicant Edward
Thomas Management Company
INTRODUCTION
ThIS report recommends that the CIty CounCIl Introduce for fIrst reading an ordinance to
amend SectIon 904 18 020(c) of the Santa Monica MunIcipal Code to allow the
replacement of non -conforming architectural features which have been removed from any
eXisting bUilding which IS designated as a City of Santa MOnica landmark or IS listed on
either the California Register of Hlstorrcal Resources or the NatIonal Register of Hlstonc
Places Current zoning standards do not permit reconstruction of non-conforming bUilding
elements On August 6, 1997 the Planning Commission voted 5-0 to recommend that the
City Council adopt the proposed amendment The proposed ordinance IS contained In
Attachment A
BACKGROUND
The proposed ordinance amendment was flied by the Edward Thomas Management
Company, the prospective new owners of the Prrtlkln Longevity Center located at 1910
Ocean Avenue According to the City'S Histone Resources Inventory, thiS bUlB '1:3
OCT f 5 1997
eligible for local designation as a City landmark and IS listed as potentially eligible for the
NatIonal Register The owners wIsh to restore the bUilding to rts onglnal condItIon by
replacing a penthouse which was damaged many years ago but never rebuilt The height
and the floor area ratio of the eXisting bUilding and the removed penthouse do not comply
with present zOning standards, therefore, the structure /s considered a legal, non-
conforming bUilding
As recommended by the Planning CommIssIon, the follOWIng amendment would enable the
applicant to reconstruct the hlstorrc penthouse
Section 9 0418 020(c} Replacing Non-conforming Features or Portions of BUildings
(c) Non-conformlng features or portions of bUIldings that are removed shall not
be replaced unless they conform to the provIsions of thIs Chapter
Notwlthstandmg this reqUIrement, non-conformmg architectural features which
have been removed from anyexlstmg bUlldmg whIch IS deSignated as a City of
Santa MOnica landmark, or listed on either the Callforma Register of Hlstoncal
Resources or the National Register of Hlstonc Places may be replaced If the
Landmarks Commission determmes that such feature contributes to the
bulldmg's histonc archftectural mtegnty and that the reconstructIon conforms to
the Secretary of Intenor's Standards for Rehab/Matlon Landmarks Commission
review of such reconstruction shall be processed generally m accordance wtfh
the procedures for processmg applicatIOns for CertIficates of Approprrateness
contamed In Santa MOnica MUniCipal Code Section 9 36 170 Any project subject
to Landmarks Commission review under this subsection shall not reqUire
addrtlonal review by the Archrtectural ReView Board The determmatlon of the
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Landmarks Commission under this Section shall be appealable to the Planmng
CommIssIon.
The Planning Commission felt that the proposed ordinance amendment would faCIlitate
historic restoration In the City by recognizing that many older structures In the City do not
comply with current development standards and that without the proposed amendment,
reconstruction of significant bUilding elements may not be permissible Further, since there
are limited bUildings In the City where thiS amendment would be applicable, the
Commission believed that any potential Impacts from reconstructing the non-conforming
features would be negligible
ANAL YSIS
The ZOning Ordinance currently allows the "In-kind" reconstruction of designated
landmarks structures or histOrically Significant bUildings which are damaged or destroyed
In addition, the Code allows for the restoration of non-conforming bulldlngs which are
damaged or destroyed to an extent that IS less than fifty percent of the bUilding's
replacement cost If restoratIOn IS commenced WIthin one year of the date the damage
occurred The proposed text amendment addresses SItuatIons where Significant
architectural features of an eXisting histone bUilding have been removed and could not be
replaced under current development standards As proposed, these features could be
replaced subject to a determination by the Landmarks CommiSSion that such features
contribute to the bUilding's hlstonc architectural Integrity and that the replacement
conforms to the Secretary of Interior's Standards for Rehabilitation The Secretary of the
Interior Standards require that properties" be recognized as a phYSical record of Its time,
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place, and use" Additions or modIfications to bUildings that result In an Inaccurate record
of a building's hlstonc development are specifically discouraged The Landmarks
Commission will be responsible for ensuring this standard IS upheld The decIsions of the
Landmarks Commission would be appealable to the Planning Commission No
Architectural ReView Board approval would be requIred for work authonzed by this zOning
text amendment
ConclUSion
The proposed text amendment will permit, subject to Landmark Commission approval,
legal non-conformlng hlstoncally-deslgnated structures to be restored, rehabilitated and/or
reconstructed to their ongmal condition, thus allOWing the most historically significant
bUIldings In the City to reconstruct any lost histOriC architectural elements
CEOA STATUS
The proposed Text Amendment IS exempt from the provrslons of CEQA pursuant to
Section 15301 of the State GUidelines In that the amendment allows for the replacement
of non-conforming architectural features which have been removed from any eXisting
bUIlding whIch IS deSignated as a City of Santa Monica landmark or IS listed on either the
California Register of HistOrical Resources or the National Register of Hlstonc Places ThIS
work would constitute minor alterations to eXisting structures
PUBLIC NOTIFICATION
Notice of the public hearing was published In the Outlook at least ten days prior to the date
of the CounCil hearing (Attachment B)
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BUDGET/FISCAL IMPACT
The recommendation presented In this report does not have any budget or fiscal Impact
RECOMMENDATION
It IS recommended that the CIty Council hold a public heanng and Introduce for first
reading an ordinance amending Section 904 18 020(c) of the Santa MonIca MUnlclpal
Code to allow the replacement of non-conforming architectural features which have been
removed from any eXisting bUIlding which IS desIgnated as a City of Santa MOnica
landmark or IS listed on either the California Register of Historical Resources or the
National Register of Historic Places
Prepared by
Suzanne Fnck, Director
Karen Ginsberg, Planning Manager
Amanda Schachter, Senior Planner
Paul Foley, Associate Planner
City Planning DIvIsion
Planning and Community Development Department
Attachments
A Proposed Ordinance Amending Subchapter 9 04 18 Non-Conforming
BUildings and Uses
B Public notice
C Planning Commission staff report
o Minutes of Planning CommissIon meeting of August 6, 1997
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ATTACHMENT A
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Council Mtg October 14, 1997
Santa MOnica, Cahfornla
ORDINANCE NUMBER
(City Council Serres)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 9 0418 020(c) OF THE SANTA
MONICA MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF NON-
CONFORMING ARCHITECTURAL FEATURES WHICH HAVE BEEN REMOVED
FROM ANY EXISTING BUILDING WHICH IS DESIGNATED AS A CITY OF SANTA
MONICA LANDMARK OR IS LISTED ON EITHER THE CALIFORNIA REGISTER OF
HISTORICAL RESOURCES OR THE NATIONAL REGISTER OF HISTORIC PLACES
WHEREAS. on April 10, 1997 the City received an application from the Edward
Thomas Management Company for a zoning text amendment to allow for the restoration
of historical bUildings to their original condition, and
WHEREAS, on August 6, 1997, the Planning Commission held a public hearing on
a proposed zoning text amendment which would modify Section 9 04 18 020(c) of Article
IX of the Santa MOnica Municipal Code to allow the replacement of non-conforming
architectural features which have been removed from any eXisting bUilding which IS
designated as a City of Santa Monica Landmark or IS listed on either the California
Register of Historical Resources or the National Register of Historic Places, and
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WHEREAS. the City Council held a public hearrng on the proposed Zoning
Ordinance Text Amendment on October 14, 1997, and
WHEREAS, the City Council finds and declares that the proposed amendment IS
consistent In principle with the goals, obJectives. poliCies. land uses, and programs
specified In the adopted General Plan, specifically Land Use Element PoliCY #3 1 3 which
encourages the retention of historic and architecturally slgnrflcant resources, In that the
proposed amendment Will allow for replacement of historic architectural features on
designated histonc structures, thereby promoting the retentIon of architecturally significant
resources In the community, and
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare requires the adoption of the proposed Ordinance In order to permit the
restoration of architectural features which have been removed on bUildings In the City that
are hlstorrcally designated ThiS amendment Will have a pOSitive Impact on the general
welfare of the communrty because It Will enable the restoration of lost architectural features
to historically designated bUildings thereby contrlbutrng to Santa MOnica's Important
architectural heritage, visual character and sense of place. and
WHEREAS, the City Council finds and declares that the standards for Landmarks
Commission reView contained In the proposed amendment Will ensure that each property
IS recognized as a phYSical record of ItS time, place and use and that changes which
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create a false sense of historical development. such as the addition of conjectural features
or architectural elements from other bUIldings, will not be undertaken
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 Section 904 18 020(c) the Santa Monica Municipal Code IS amended
to read as follows
Section 9 04 18 020(c) Replacing Non-conforming Features or Portions of BUildings
(c) Non-conforming features or portions of bUildings that are removed shall not be
replaced unless they conform to the provIsions of thiS Chapter Notwithstanding
this requirementf non-conforming architectural features which have been
removed from any existmg building which IS designated as a City of Santa
Monica landmark, or listed on either the California Register of Historical
Resources or the National Register of Historic Places may be replaced if the
Landmarks Commission determines that such feature contributes to the
building's historic architectural integrity and that the reconstruction conforms
to the Secretary of Interior's Standards for Rehabilitation. Landmarks
Commission review of such reconstruction shall be processed generally in
accordance with the procedures for processing applications for Certificates
of Appropriateness contained In Santa Monica Municipal Code Section
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9.36.170. Any project subject to Landmarks Commission review under this
subsection shall not require additional review by the Architectural Review
Board. The determination of the Landmarks Commission under this Section
shall be appealable to the Planning Commission.
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 this 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 4 The Mayor shall sign and the City Clerk shall attest to the passage
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of this Ordinance The City Clerk shall cause the same to be published once In the official
newspaper Within 15 days after Its adoption This Ordinance shall become effective 30
days from Its adoption
APPROVED AS TO FORM
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MARSHA JON.ES MOUTRIE
City Attorney
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ATTACHMENT B
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NOTICE OF DEVELOPMENT PROPOSAL
To: Concerned Persons
From: The City of Santa Monica
Subject of Hearing: Text Amendment 97-003
Non-Conforming BUildings and Uses
Applicant: Edward Thomas Management Company
A Public Heanng will be held by the City CouncIl on the follOWing request:
Introduction and First Reading of an Ordinance amending the Comprehensive land
Use and Zoning Ordinance, Subchapter 9.04 18 (Non-Conforming Buildings and
Uses), to allow the replacement of non-conforming architectural features which have
been removed from any existing building which IS desIgnated as a City of Santa
Monica landmark or listed on either the California Register of HistOrical Resources or
the National Register of HistorIc Places.
TIME:
TUESDAY, October 14,1997 AT 6:30 P.M.
LOCATION:
COUNCIL CHAMBER, ROOM 213, CITY HALL
1685 MAIN STREET, SANTA MONICA
HOW TO COMMENT
The City of Santa Momca encourages publIc comment on thJS and other projects You or
your representative, or any other persons may comment at the City Council's public
heanng, or by wrrtlng a letter
Letters should be addressed to City Council, City Clerk's Office
1685 Main Street, Room 102
Santa MOnica, California 90401
MORE INFORMATION
If desired, further Information on any application may be obtained from the City Planning
DIvision at the address above or by calling (310) 458-8341
The meeting faCIlity IS accessible If you need any disability-related accommodations,
please contact staff at (310)458-8701
Pursuant to Callforma Government Code Section 65009(b), jf thiS matter IS subsequently
challenged In Court, the challenge may be limited to only those Issues raised at the Public
Heanng deSCribed In thIS notice, or In wntten correspondence delivered to the CIty of
Santa Monica at, or pnor to, the Public Hearing
ESPANOL
Esto es un aVlso sobre una audenclB publica para revlsar apphcaclones proponlendo
desarrollo en Santa Monica Esto puede ser de Interes a usted SI desea mas
InformaCion, Ilame a Carmen Gutierrez al numero (310) 458-8341
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ATTACHMENT C
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