Loading...
SR-8B (8) PCD SF KG AS PF f \plan\share\councll\strpt\ta97003 Council Mtg October 14, 1997 88 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 "',.. 0C2 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, ... 003 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) CiI" 004 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 ~.. 005 "III 006 ATTACHMENT A iPl>> 007 "'.. 003 PCD SF KG AS PF f \plan\share\councll\ord\HIST 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 -. 009 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 2 ~.... 010 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 ~. ,.,.... 011 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 4: .... 012 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 ~1-rL-~~ MARSHA JON.ES MOUTRIE City Attorney 5 .;", 13 l! ~.. 014 ATTACHMENT B ....... 015 04;_ 016 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 lilt.. 01'" .... ( f \plan\share\councll\notlces\ta97003 wpd 0$. 018 ATTACHMENT C ~l> 019 "'.., 020