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SR-8-G (5) CjED:PB:SF:AS PCjthhd7 Council Mtg: September 25, 1990 Santa Monica, Cali-f'Ornia _.. OCT : '~ ;9~~ -G TO: Mayor and City council FROM: City Staff SUBJECT: Recommendation to Introduce for First Reading an Ordinance Adding sections 9631 Through 9638 To Chapter 6 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. INTRODUCTION This report recommends that the City Council introduce for first reading an ordinance implementing the review procedures for the alteration or demolition of structures located in the Third street Neighborhood Historic District. On July 24, 1990 the city Council unanimously designated the area as ~anta Monica's first historic district. At the same time, Councll directed staff to prepare an ordinance to govern the review of Certificate of Appropriateness applications and to set forth the types of alterations that may occur without such a Certificate. The ordinance, which is contained in Attachment A, is based on the Landmarks Commission I s recommendation on the provisions of a Third street Neighborhood Historic District ordinance. During the review of the Historic District application, the Landmarks Commission considered the input of the residents in the District and developed a comprehensive approach to reviewing projects in the area. - 1 - ?f-{; ~l-- 2 1996 SLD---9 :: :-1mrrr- t:T ... -) 1,_, arT ,; ':: '!'\Of1 BACKGROUND The Landmarks Commission's purpose in recommending the adoption of the subject ordinance is to streaml~ne and simplify the process for reviewing alterations to structures within the historic district while still insuring that the modifications and new construction are compatible with the district character and will not damage an individual building's architectural integrity. Therefore 7 the ordinance has been structured to permit three levels of review: alterations that are exempt from any review process; alterations that may be approved administratively; and alterations that will require the approval of the Landmarks Commission through the Certificate of Appropriateness public hearing process. Without the adoption of such an ordinance, any type of exterior alteration to a structure within the historic district would be subject to the Landmarks commission's revie\<l and approval through the certificate of Appropriateness process. For ease of administration, the intent is to have a self-contained ordinance for the Third street Neighborhood Historic District. Therefore, the ordinance has been set up to provide its own sect~ons on definitions, applicability, criteria for review, procedures, demoli tions, Archi tectural Revie\v exemption, and design guidelines that are separate from the Landmarks ordinance. The following outlines some of the significant features of the proposed ordinance. t - 2 - Contributing and Non-Contributing structures As defined in the ordinance, contributing structures are all buildings in the district constructed prior to or during 1935. Non-contributing structures are all buildings within the district constructed after 1935. Alterations to both contributing and non-contributing structures will be subj ect to the same review process. While the close review of alterations to non-contributing structures may appear to be overly restrictive, the Landmarks Commission believes that it is important to review changes to these buildings to insure that the modifications do not negatively impact adjacent historic structures and to provide the opportunity to increase the compatibility between contributing and non-contributing buildings when property owners propose building alterations. certificate of Exemption A Certificate of Exemption permits certain specified alterations to occur to any structure in the district without either administrative review or Landmarks Commission review. These alterations, which are enumerated in section 9632(A) of the proposed ordinance, include flat concrete work in the side and rear yards, exterior alterations not visible from the street that do not result in the increase or decrease of building square footage, and general maintenance and repair work. A Certificate of Exemption may be issued automatically by the Landmarks commission Secretary if the project meets the exemptions list. Projects that cannot meet this list shall be processed as either - 3 - an application for a Certificate of Administrative Approval or a Certificate of Appropriateness, as determined by the Landmarks Commission Secretary. Certificate of Administrative Approval A Certificate of Administrative Approval allows certain specified alterations to occur to any structure within the district subject to the review of the Landmarks Commission Secretary. These types of modifications, which are listed in section 9632 (B) of the ordinance, include foundation work, roofing work, skylights, and the addition or subtraction of building square footage if not visible from the street. The Landmarks Commission secretary may approve a certificate of Administrative Approval if the project m.eets, or is determined to be similar to, the list of work identified in the ordinance and if the proposal is found not to be detrimental to the structure and does not impact the district integrity. Projects that cannot be administratively approved shall be processed as Certificate of Appropriateness applications. Certificate of Appropriatenes~ A certificate of Appropriateness shall be required for all major alterations to structures as well as for all new construction within the district. Major alterations, which are listed in Section 9632(C) of the proposed ordinance, include the surfacing or resurfacing of exterior walls, the removal, demolition or al teration to the front of a structure or to the rear of the - 4 - structure if visible from the street, and any alteration to front yard fences, paving, or walkways. A certificate of Appropriateness for a contributing structure in the district may be granted by the Landmarks Commission if it is found that the project is compatible with other contributing structures in the district, will not adversely affect the district character, will not adversely affect the individual building's character or if the applicant has obtained the approval of a certificate of Economic Hardship consistent with Section 9611.5 of the Landmarks Ordinance. The Landmarks Commission may approve a Certificate of Appropriateness for a non-contributing structure in the district if it is found that reasonable effort has been made to produce compatibility with the district character and with the scale, materials, and massing of the district's contributing structures. A Certificate of Appropriateness permitting the construction of a new building in the district may be approved if it is found that the project does not adversely affect the district character and that the project is compatible with the scale, materials, and massing of the district's contributing structures. The Landmarks commission's determination on these applications may be appealed to the city council, as is the current practice with Certificate of Appropriateness and Certificate of Economic Hardship applications. - 5 - Demolition of structures within the District The Landmarks commission may approve a certificate of Appropriateness application to permit the demolition of a contributing structure within the district if it is found that the structure would not merit designation as either a National Historic Landmark, a National Register of Historic Places landmark, a California Registered Historical Landmark, or a California Point of Historical Interest, that preserving the building through conversion into a new use or through relocation within the district boundaries is not feasible, and that demoli tion of the building would not diminish the district' s historic integrity. Alternately, a certificate of Economic Hardship could be issued to permit demolition. The demolition of non-contributing structures within the district will be SUbject to the existing Municipal Code procedures for the demolition of structures within the City. Procedures The ordinance specifies in Section 9635 (C) that the Landmarks commission must review and approve applications for certificate of Appropriateness or Certificate of Economic Hardship involving the demolition of a contributing structure prior to the review and approval of any Zoning Administrator Permit, Conditional Use Permit, Development Review permit, Tentative Parcel Map, Tentative Tract Map or the issuance of a building permit for a new project. The purpose of stipulating an order of review is to - 6 - eliminate the possibility of a project being approved by the Zoning Administrator or the Planning commission prior to the Landmarks commission's consideration of the proposal. This order is essential when a proposed project involves the demolition of a contributing structure. It allows the Landmarks Commission to first consider the request to demolish the structure. If the commission can make findings to approve the demolition request, then the proposed project may proceed through the approval process, ultimately returning to the Landmarks commission for design approval through a new and separate Certificate of Appropriateness application. Without this procedure a new project could be approved by the Zoning Administrator or Planning Commission before the Landmarks Commission would have the opportunity to determine if demolishing the contributing structure impacts the district integrity. In order to simplify the design review process for structures within the district, as stated in section 9636, the Third street Neighborhood Historic District will be exempted from Archi tectural Rev iew Board approval. The Landmarks Commiss ion essentially performs the same role as the Architectural Review Board, considering issues such as materials, colors, massing, and scale in addition to contextual compatibility, appropriate restoration methods and consistency with the building's historic character and integrity. Public notification of Appropriateness applications current Landmarks Ordinance, hearings for Certificate will remain co~sistent with which requires the mailing of the of - 7 - notices to all properties in the district and within 300 feet of the district's exterior boundaries. In addition, within 10 days of deeming the application complete, applicants of all Certificate applications shall be required to post a notice regarding the pending application. There shall be no additional notification required for Certificates of Exemption or Administrative Approval. BUDGET/FINANCIAL I~PACT The recommendation presented in this report does not have any budget or fiscal impact. Although, the creation of administrative review procedures as well as an increase in Certificate of Appropriateness applications associated with the Third Street Neighborhood Historic District will result in additional staff time, staff does not recommend establishing fees for certificates of Exemption or Administrative Approval since these permits are required for minor alterations that do not require public hearings. RECOMMENDATION It is respectfully recommended that the Council introduce for first reading an ordinance implementing procedures for the review of the alteration or demolition of structures located within the Third street Neighborhood Historic District. Prepared by: Paul Berlant, Director of Planning Suzanne FriCk, Principal Planner Amanda Schachter, Associate Planner Planning Division Community and Economic Development Department - B - Attachments: A. Proposed Ordinance AS PC/thhd7 09/18/90 - 9 - CA:RMM:mz334/hpadv City council Meeting 9-25-90 Santa Monica, California ORDINANCE NUMBER (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 I 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 past; 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 - and operation of one of Ocean Park'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 - 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 Mnoica Municipal Code to read as follows: Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT DEVELOPMENT 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) Certificate of Appropriateness. A certificate issued by the Landmarks Commission Secretary for a proj ect 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 - (d) Contributing structures. All structures located within 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. (g) 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 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) peqretary of the Interior's standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildings. Those certain guidelines for the - 4 - planning and review of historic building rehabilitation, restoration, alteration and addition, prepared by the United states Department of Interior dated 1976, and as may be amended from time to time. SECTION 9632. Applicability. (a) certificate of Exemption. A certified Exemption shall be granted for the following work to Contributing and Non contributing buildings within the District: (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) Exterior alterations not visible from the street that do not result in increase or decrease in building square footage; (6) Repaving of existing front yard paving, concrete work, and walkways, if the same material as existing is used; (7) General maintenance and repair if it results in no change in existing appearance; (8) Removal or addi tion of minor landscape features; or (9) Removal of major landscape features if severely damaged or diseased. - 5 - (b) 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) Roofing work, other than general maintenance; (2) Foundation work, other than general maintenance; (3) Chimney work, other than general maintenance; (4) House painting resulting in a change in color; (5) Rear or side yard fences if visible from the street; (6) Retaining walls; (7) New windows or doors; (8) Skylights; (9) Roof top solar equipment telecommunication equipment; (10) Mechanical conditioning or heating; (11) Any addition or exterior systems including air square footage on s ide or or subtraction in rear not visible building from the street; (12) Removal of major landscape features if not diseased; or - 6 - (13) Repaving of existing front yard paving I concrete work, or walkways, if material used differs from existing. (c) 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: (2) Removal, demolition, addition or alteration to front porches; (3) Removal, demolition, addition or alteration to the front of structures; (4) Removal, demolition, addition or alteration to the side or rear of structures if visible from the street: (5) Construction of new buildings within the Third street Historic District boundaries; (6) Relocation of buildings within or into the Third street Neighborhood Historic District; (7) Removal, demolition, addition or alteration to front yard fences; (8) Removal, demolition, addition or alteration to front yard paving, concrete work, walkways; (9) Removal, demolition, alteration to building roof lines; addition or - 7 - (IO) Any other similar work not enumerated in 9632(a) or 9632{b), as determined by the Landmarks Commission Secretary within his or her sole discretion, except that any demoli tion 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 proj ects in the District if the Secretary finds that the proposed Project is included within the list of work enumerated in Section 9632{a). (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 or commission finds that the Project is included within the list of work enumerated in section 9632{b)i that the Project is not detrimental to the character of the structurei and that the Project does not detract from the integrity of the district. (c) Criteria for Issuance of Application for Certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a - 8 - 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 (c), and it makes a determination in accordance with anyone or more, as appropriate, of the following criteria. Such criteria shall be in lieu of those otherwise required by 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; or (2) 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 adversely affect any exterior feature of the historic structure; or (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 - 9 - in section massing of District; or (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 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; or 9630, the and with the contributing scale, materials, structures within and the certificate of Section 9611. 5. Economic applicant Hardship in has obtained a accordance with (5) That the 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 Administrative Approval 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. 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, verification that the applicant has met with adjacent - 10 - property owners and residents to seek their input, and other material and documents required by the application. 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 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) Timinq of Application. A Certificate of Exemption or a Certificate of Administrative Approval 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, or commencement of, the use or activity. (3) Posting of Property. Within 10 days after an application has been deemed complete for a Certificate of Exemption, certificate of Administrative Approval, Certificate of Appropriateness, or Certificate of Economic Hardship for a Project in the District, the applicant shall continuously 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. - 11 - (4) Determination. The Landmarks commission Secretary shall issue written findings approving or denying a Certificate of Exemption or a Certificate of Administrative Approval for a Project in the District within 30 days of the application being deemed complete. (b) certificate of Appropriateness and certificate of Economic Hardship. (1) Application Process. An application for a Certificate of Appropriateness, or Certificate of Economic Hardship for a Project in the District shall be filed only by the property owner or the property owner's authorized agent. 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(a) (3). (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. within 10 days after an application has been deemed complete for a certificate of Exemption, Certificate of Administrative Approval, certificate of Appropriateness, or Certificate of Economic Hardship for a Project in the District, the - 12 - applicant shall continuously 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. (4) 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 96l2(e) through 96l2{g). (c) Appeals. Appeals shall be processed according to the following procedures: (l) 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 Commission 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 of the determination. A public hearing before the Landmarks Commission shall be - 13 - 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. (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 Economic Hardship may be appealed to the ci ty Council according to the procedures set forth in section 9613. Cd) 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 hundred and eighty (180) day time period commencing on the effective date of the certificate if the work authorized is not commenced by the end of such one hundred and eighty (180) day 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 Date 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 the time period resol ution, for for exercising good cause, extend a Certificate of - 14 - Exemption, a Certificate of Administrative Approval, certificate of Appropriateness or Certificate of Economic Hardship for a proj ect 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. (g) Resubmittal of an Application. Notwithstanding section 9612(1), whenever an application for a certificate of Exemption or Certificate of Administrative Approval, for a Project 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 - 15 - 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. SECTION 9635. Demolition. (a) Contributinq 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: (1) The Landmarks Commission'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, 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, - 16 - including relocation wi thin 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 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 - 17 - architectural review district, and be exempt from Architectural Review Board approval. SECTION 9637. Design Guidelines. 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. SECTION 9638. Haintenance 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 District structure to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. Inspections may be conducted by the City upon request of District residents and property owners in the District when potential health and safety violations exist. 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, - 18 - 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 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 FORM: ~~~ ~ '~---- ROBERT M. MYERS City Attorney pc/ord2 - 19 - . "4 t. 'fC'(P - (JC 0 .R~ THIRD STREET NEIGHBORS OF OCEAN PARK 2612 Third Street Santa Monica, California 90405 October 11, 1990 Bv Hand DelIverv ~ - Landmarks CommIssion CIty of Santa MOnIca 1685 Mam Street Santa MOnica, CA 90401 RE: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT GOVERNING ORDINANCE Honorable CommIssIoners: Since the fIrst draft of the proposed Thud Street NeIghborhood Histone DistrIct Govermng Ordmance was made avaIlable approxImately three weeks ago, the Third Street NeIghbors have met on three separate occaSIOns for a total of over mne hours to address their concerns about the ordmance You have receIved two pnor letters from us settIng forth our thoughts. The purpose of thIS letter is to address several remammg Issues whIch we have further dIscussed In our meetIngs and on whIch those parhcipahng have reached complete consensus These comments are In addItIon to our earlIer comments 1. CERTIFICATE OF APPROPRIATENESS. We are concerned about adequate prior nohce, mformatIon, and opportumty for interested CltIzens m and out of the dIstrICt to be Involved m the reVIew and approval of apphcahons for cerhfIcates of appropnateness since these represent major, dlstrlet- altenng proposals. To assure that there is adequate cItizen mput to the Landmarks and Plannmg CommlsslOns, and on occaSlOn the CIty CounCIl, we recommend the followmg a The property owner must post the property m a conspICUOUS place WIth a notIce of mtent to fIle an apphcahon for a CertIfIcate of Appropnateness at least ten (10) days before the fIlmg. The applicahon must contain a copy of the notIce and a photograph showmg Its placement on the buddmg No apphcatlOn may be deemed complete WIthout thIS mformahon b The property owner must meet WIth the neIghbors before fIling a CerhfIcate of Appropnateness to dISCUSS hIs/her plans and seek theIr mput. The apphcatIon for CertIfIcate must contam informatIon regardmg the date, hme, place, and number and names of people meetmg WIth the owner. It wIll be the responsIbIlIty of a "dIstrICt '" \; Landmarks CommIssIOn October 11, 1990 Page 2 coordmatIng commIttee", as further descnbed below, to call such a meetIng of the neIghbors and separately summarIze theIr VIews for the Landmarks CommISSIon's publIc heanng. No applIcatIon may be deemed complete wIthout thIS mformatIon c. All applications must contain photographs of the affected proposed change before an applicatIon may be deemed complete d The Landmarks CommlsslOn, and when appropnate, the Planning CommISSIon and Planmng Depait.inent must provide each member of the dIstnct coordmatIng commIttee WIth copIes of the owner's applicatIon materIals in the same manner and at the same tIme as copIes are proVIded to members of the Landmarks and Planmng CommISSIons and, when appropnate, the CIty CounCIl. e. ;'-Jotice of any CertIfIcate of ApproprIateness public hearing or appeal shall be sent to all property owners and tenants hvmg WIthin 300 feet of the dIStnCt'S boundarIes and to all mterested persons m the CIty who place theIr names on a lIst to be mamtained by appropnate staff. f :\otIce shall be maIled no later than ten (10) days after an application IS deemed complete and not more than thIrty-fIve (35) days before the hearing. 2. CERTIFICATE OF ADMINISTRATIVE APPROVAL. a. ApplicatIons for certifIcates of admInIstratIve approval shall be subject to the same postIng requIrements as cerhficates of appropnateness. b. Determmations on applIcatIons of admInIstratIve approval shall be posted by the staff on the subject buIldmg and maIled to each member of the distnct coordmatIng comnuttee. The tIme for appeal shall not begin to run untIl staff has maIled the notIce of determinatIon. c All applIcatIons must contam photographs of the affected areas to be deemed complete. d. The ordmance should expressly state that there may be no fees estabhshed by the CounCIl for CertIfIcates of AdnumstratIve Approval. ..., L Landmarks CommIssIOn October 11, 1990 Page 3 3. CERTIFICATE OF EXEMPTION. a. CertIfIcates should only be requIred m cases where bUlldmg permIts are required. b No postIng or notice reqUIrements, other than any required for buddmg or other permIts, should be set. 4. DISTRICT COORDINATING COMMITTEE. a. FunctIons and purpose. .. The purpose of thIS group is to assure that a locus of responsibility eXISts for organIzmg and followmg-up on citizen mput so that declsIOns do not occur without slgmficant Clmen lInput; .. To convene and coordmate meetIngs of mterested persons to meet wIth property owners applyIng for a certIfIcate of appropnateness, .. To receIve, summanze If appropnate, and dISSeminate applIcatIon and supporting matenals on certificates of appropriateness sent by the CIty, .. To assure a minImUm responsiblle number of persons to attend city meetIngs regarding the dIStnCt; .. To proVIde a fInIte number of responsIble CItIzens to appeal certIficates of adminIstrative approval wIthout fee. This WIll proVIde the power to protect WIthOUt at the same tIme proVIding the power to harass since appeal fees will stIll be charged to "any other person" who appeals; .. To develop a bank of techmcal mformation and resources to assIst property owners when they repau, upgrade, and mamtam theIr properties. (For example, lIsts of sahsfactory contractors, materIals supply houses, and so forth.) b. Members and selection 6'rlr2- ~v~ .. FIve members, three of whom must bve m the dIstnct, ~ of whom ~ not. ,,~ "- Landmarks CommissIon October 11, 1990 Page 4 .. Three dIstrIct members wIll be elected annually by distnct residents. One must be a tenant, one a resIdent property owner. ~J8F1. &llrtn<:t '"W\.c. z,~Q.(' ~c: members wIll be appomted by the Landmarks CommISSIon .. One of the members of the commIttee must be an archItectural historian and wIll be appointed bv the C~'..::-.::: :.:. ::. :-.:::-. :::~~::-tct :,:,:~:,:,:1:-~r if none of the elected members qu~.hfy. La...o....~ G:::::oorn ft\;:">S t~ .. The members terms will be one year, three consecuhve years maximum to prevent ossuicahon. .. The Landmarks CommiSSIon wIll appomt one of its members as liaison to the commIttee 5. LANDMARKS COMMISSION'S JURISDICTION. We conhnue to hold the VIew that the Landmarks CommISSIOn should properly have pnmary and fIrst JUrIsdictIon over all changes m the dIStnct reqmrmg a certIficate of appropnateness, not Just demohtIon of contrIbuhng bUIldmgs. The ordmance also should be expressly explICit that any other approval or permIt Issued by any other CIty department or commISSion or other enhty regardmg changes in the dIstrIct for WhiCh a certIfIcate of appropnateness IS reqmred is only conditIonal, not fmal, unhl a cerhfIcate of appropnateness is Issued by the Landmarks CommISSion ThiS IS to assure that If conflichng deciSIOns are reached, for example, by the Landmarks and the Plannmg CommISSIon regarding a proposed project, that there can be no argument that the Plannmg CommISSIon's deCISIon gIVes the owner some sort of vested nght to proceed whether or not the Landmarks CommlsslOn Issues a certIfIcate of appropnateness. 6 CITY COUNCIL CHANGES TO ITEMS IN CERTIFICATES OF ADMINISTRATIVE APPROVAL AND APPROPRIATENESS. We oppose the movement of Items 5, 6, 9, and 10 under certIfIcate of admmIstratIve approval to exempt unless they are not VIsible from any street or, If ViSIble, they are a replacement of an eXIstIng appurtenance WIth no substanhal change In appearance We oppose the movement of items 7 and 8 from the cerhficate of appropnateness to certifICate of adnumstrattve approval unless thIS change IS accompamed by the appeal procedures avaIlable to the dlstnct coordmahng commIttee as outlmed lTI thiS letter. ...., \ , Landmarks CommisSIon October 11, 1990 Page 5 CONCL USION We urge each of you to attend the CIty Council meehng on October 16, 1990 and to support the poslhons of the ThIrd Street NeIghbors. The CommisSIon and the NeIghbors have worked cooperahvely and well In establishmg the ThIrd Street NeIghborhood HIstonc DIstrict, and we look forward to a conhnumg, complementary effort to protect it In the future. Smcerely, .--- , ----~ ----.., / '~~ %- ~-- ~ for the ThIrd Street NeIghbors of Ocean Park ~,. ~ l . THIRD STREET NEIGHBORS OF OCEAN PARK 2612 Third Street Santa Monica, California 90405 October 15, 1990 By Hand Delivery CI ty CouncIl CIty of Santa ManlCa 1685 Mam Street Santa Monica, CA 90401 RE: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT GOVERNING ORDINANCE Honorable Council Members: Thud Street Neighbors thank you for the additional opportumty to reVIew the proposed governmg ordmance for the ThIrd Street Neighborhood Histonc DiStrIct ThIS has gwen those mvolved time to reach consensus on all major Issues of importance to us. Yfany of our suggestions for ordmance changes have been mcorporated by the staff m Its most recent proposed ordmance. We are gratIfied that we have been able to make a contInued contributIon to the Distnct's future Several key proposals have not been accepted, notably our proposals gIVmg the Landmarks CommIsSIon priOrIty JunsdICtIon over proposed distrIct alterations requmng CertIfIcates of Appropnateness and/or EconomIC HardshIp, and our proposals for an IdentIfIable citIzen group to provIde mterested resIdents and others the necessary mformatIon to comment on proposed changes In the district before the Landmarks CommIsSIon in a tImely and well-considered manner. We belIeve these proposals are still sound. However, in an effort to provide the Council WIth other alternatIves for Its conSIderatIon, we have suggested language to the proposed ordinance which would be agreeable and whIch assumes that the staff proposals on these two Items are the Council's preference We have also suggested language qualIfymg the CIrcumstances under whICh certam projects (such as the addition of roof-top appurtenances) mIght be exempt, and a dlrectIve for the Landmarks CommISSIon to establIsh design gUIdelmes for projects m the DIStrICt We respectfully request that you review the followmg enclosed matenals In additIon to the staff report m conSIderIng your deCISIons for the new HIstone DIstrICt lOur October 11, 1990 letter to the Landmarks CommISSIon (as dehvered WIth hand correctIons noted) ."" ~ \, Landmarks CommIssIon October 11, 1990 Page 2 2 A comparatIve chart of the staff's and NeIghbors' proposals regardmg procedures for the three categorIes of project activIty m the DistrIct as orIginally submItted to you and to the Landmarks COnUnISSlOn wIth our letter of October 2, 1990 It shows recent reVlSlons m both the staff and NeIghbors' proposals We have left the hand-corrections VIsIble to make comparison eaSIer 3. A hand-edited verSIOn of the newest proposed ordinance. It shows the Neighbors' proposals for fme-tumng the ordinance assummg that our suggestIons regardmg the order of review for non-demohtIon CertIficates of Appropnateness andior EconomIC HardshIp, and a process for interested cIhzens to reVIew and comment on CertIficates of ApproprIateness and EconomIC HardshIp alteratIons to the dlstnct are not shared by a majorIty of the CounCIl. As noted above, we contInue to belIeve that it is better publIc policy to place first responsIbility for major project reVIews WIth the Landmarks CommIssion as It IS the body mandated by the CIty WIth preservatIon and protectIon of our hIstone and cultural resources. We also believe that effective CItIzen mput to the Landmarks CommISSIOn In purSUIt of that goal reqUlres a group entItled to tImely and complete mformatIon proVIded as a matter of course by the CIty We thank you for your contInumg conSIderatIon of our views ~ Smcerelv, \ \ - ~ Y\l~~ /Bea Nemlaha for the Thud Street !\,'"eIghbors of Ocean Park BHN M007.PER\BHN MOOI THI - - Historic DlStnct Ordinance. Staff Proposal f':s e..;..;.\ s....ct Certificates of Administra tive ADDroval , , JL .. Days to Def'm Complete - Rcqul~ltc! \ftg.v \'elghbor~ .. Post S otice on Property ... Notice of Public Hearing - Time - To Whom. - How .. Days to Grant Certificate/ Hold Hearing ... Appeal - Time to Appeal: - Must be heard: .. Notice of Appeal Exemption 30 d a vs ~/~~ . NO 30 days ..:l{ef,. No '1'+, or +0 1 rt ~ ~'Iii .1ftir deem. complete A ppropria teness/ Hardship 30 day~ ~ ~ ~~(.Sc...s.s~ . 10 ~h:{i .ttljr H,~-\n deeIlltlli complete. IOdn..tJoa..Y\-~..-~ c.~<<.r~ ^Ml-20tt!ays befbre -~ OwnerSfwlthm 300 7 t'Q l\o..t\ts _ ft. of bounaane~V~ MatI, newspaper 45 days 10 days from determinatIon. 45 days + 30 days conl:1nuance. Same as pubhc heanng. Historic District Ordinance: Neighborhood Proposal Irs ~~ 10 days~ No d~ complete. ~!A 'S,! A ~jA ~!A 'So/A ~/A 30 days 30 da vs . \l'o appeal ~/A 14 days from F-1"' determina tion. Next Landmark meehng ~/A Same as public heanng. NjA Same as publIc heanng. Exemotion Certificates of Administrative Aooroval 14days + ~ days to continue; 1 !:'::;-;. ~yt"LUy~J t Jays to Deem Complete N/A - ReqUISite Mtg wi Neighbors N/A Appropriateness! HardshiD 30 days Yes , <'.--- ~-.~<-t:::.--- . yPCi A--''L -'OJ;' I; ~I i I ~ ~ -. ,- 0 CA:RMM:mz334/hpadv Clty Council Meeting 10-16-90 Santa Monlca, California ORDINANCE Nl.JMBER (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 aesthetif significance to Santa Monica: and WHEREAS., the area displays a high percentage of original, turn of the century structures, a consistency in building type, pr1~arily the California bungalow, and a close association with the natural environment, as demonstrated in particular by the sit1ng 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 past; 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 ownersh1p - 1 - and operation of one of Ocean Park's earllest businesses and tourist attractions, the Ocean Park Floral Company; and w~EREAS, the development of piers, bathhouses and hotels stioulated growth in the Ocean Park area by providing jobs and attracting both residents and visitors to Ocean Park and to the Th1rd Street Neighborhood; and WHEREAS, the City Counc1l found and declared that the Thlrd Street Neighborhood Historic District possesses histor1c signlficance to Santa Monica in that the neighborhood 15 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 Historlc 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 - \ WHEREAS, the city Council directed Staff to prepare a comprehensive ord1nance for the Third street Historic D1strict: Wh1Ch included procedures for the review and approval of remodeling, demolition, and add1tion to structures wlthin 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 Mnoica Munic1pal Code to read as follows: Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC A\-t-E. ~ +;. ~ OrSTRI CT Aer:::fH::.QT?ME.IW STANDARDS SECTION ~631. 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) certificate of Appropriateness. A,certificate ~ "'"'<<- C~CooC\~.~ o-n ~ by the Landmarks commissio~^B6~~_ ~ for a in the Third Street Neighborhood Historic issued project District pursuant to section 9633{c). (e) certificate of Exemption. A certificate issued by the Landmarks Commission Secreta!7 for a ? e,ullcl~ - ~\. project in the Third street Neighborhood Historic District pursuant to Section 9633(a). - 3 - (d) Contributinq Structures. All structures located w1th1n the Third street Neighborhood Hlstor1C District boundaries that were constructed in 1935 or earlier. (e) D~strlct. The Third Street Neighborhood Historic District. ( f) Project. Any alteration, restoration, construction, reconstruction, removal, relocation, o~ demolition of a structure within the Third Street Neighborhood Historic District. (g) Third street Neiqhborhood Historic District Boundaries. The Third Street Neighborhood Historic District boundaries cons~st 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 -1\lE.. So,-, ~ s 'de.. ~ of Second Street: and bounded on the north by ~ Ocean Park Boulevard. (h) Non-contributinq 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 Int~rior's Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildinqs. Those certain guidelines for the - 4 - planning and review of historic building rehab111tation, restoration, alteration and addition, prepared by the united states Department of Interior dated 1976, and as may be amended from time to time. SECTION 9632. Applicability. (a) certificate of Exemption. A Certificate of Exemption shall be required for the following work to Contributing and Non Contributing bU1ldings within the Distric~ a Building Permit is require':; o~cz.""'Wl.-. n.o ce..rt~~~ ~Q ~ "E:.'\.u~ rR.~: (l)UAll 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) Exterior alterations not visible from a street that do not result in increase or decrease in building square footage; (6) Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used; (7) General maintenance and repair if it -results in no change in existing appearance; (8) Removal or addition of minor landscape features, including sprinkler systems and excluding mature trees; - 5 - _(14'eo+~,~~,=-~-~:~~1l'~" ~ ~~ ~ ~ ~ ~~.;;-... s J.el.E- CV"r\ a...s'tT- a.s.$ .s-.. '-b --y\..o 5u...bs'D:>- ~~ ::.u.... c....s......- c.. c:: <<:.-~.s.. ~Q.~, e-r hJ2d~ (9) Removal of mature tree:;, ^ if severely damaged or diseased; (10) Emergency repairs necessary to preserve l1fe, health, or property as determined by the Building Off~cer to be immediate and necessary; . (11) Rear or side yard fences"'. '1\0+ v;~~\Aa..b~ c.... "$.(T~ 0-{ Liar... ~~\:' 'd. Y1e~~_'"'UJ:li~L'~~ w.....~..~cJt- ) . D . -0- ~ \) " U,J Oc c:...t...a.J\S . (12) Roof tap solar equ~pment or exter~or ~ 'tf ~\,,~~~~ ~......l CL .,""'....d- O't' -'-/to....- . _ telecommunicat1on eqt1ipmentA, or ~l.G..CA.~.1 '~-"'"no ~~ ~'" ..~~ ~r-... ~CG..... oc.~s.' i. (1J) Mechanical systems including air / L " . . \t I'TlOt I,/~~~ t;.0"t"t\ A.- stv ~ ...."".4\0- condlt>onl~~. ~r heatlng^ ~~._'" ~~ ~"-.":.. :~~ . T.o... '- ; \!""'" ) , ~......... ~ C>cc-c..a...n.. '"::::. . (b) certificate of Admin1strativ pproval. A certificate of Administrative Approval shall be required for the fpllowing work to Contributing and Non-contributing buildings within the District: (1) Roofing work, other than general maintenance) "~S-ldc...... +"0--- 0. ~ ~ ~ ~cJ>.... j\...SlS.<.o. \ E; ~ 0.- So.-lbs-rt... .~ :. - ~~. .-. ,.:.' '"--' JJ7 ~'=- . - (2) FoundationO work, other tha~ general I:'laintenance} \/~~WolGL~~. CL "S&-.r~....li eM ~ l'"~~ vr--c:a-- <<5~sLh. ...or-:_ ~ ~s:.. '"-- ~s i ( 3 ) Chimney work, other than general . - . ,l -+----- CL~~t..' ~ ~ rs- '=>~ ~o..... ma1ntenancel VL~~E-V-'~ "'5~~' ....-~ ~1i"--- ~'llE.. (4) Hause pail1ting ia~ting in a change in color: ( ~.. 5)~eta1n1nq walls; (6) New windows or doors; N9-W (7) ;tSkylights; (8) Any addition or subtraction in building square footage on side or rear not visible from a street; - 6 - bu~CLS~ h~&.s,E-~ (9) Removal of mature ~=~~= .~ c;~=~::~al11 . ....:I L.....!' ~. , ':'_":'.1 ""'.... ...~u In a land5~d.po; ~u..... ......1 a...lv~ L",J J.J:1 ........t..... ~a.llU1UC..L ~~ C':';;':"-L~~ii:I.::J ';'UL 1 i (10) Removal, demolition, addition or alteration to front yard fences; or (11) Removal, demolition, additlon, al teratian, or repaving of front yard paVl.ng, concrete work or walkways, -if material used changes existing appearance. (c) 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; (3) Removal, demolition, addition or alteration to the side or rear of structures if visible from a street; (4) Construction of new buildings within the Third street Historic District boundaries; CXJtctr. (5) Relocation of buildings withinAor i~to the ./ Third street Neighborhood Historic District; (6) Removal, demolition, addition or alteration to ~ilding roof lines; ( G, ) Ke ~o.J ~ S-., """""",-o...~ -N ~ j 'tJ1 Any othetJsimilar work not enumerated in 9632(a) or 9632(b) , as determined by the Landmarks - 7 - co~~ission Secretary w1th1n his or her sole d1scret10n, except that any demolition of a Contribut1ng 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(a)';"h~ n~ c.-bu-~b~iL~t)~. (b) criteria for Issuance of Application for Certificate of Administrative Approval. The Landmarks commission Secretary, or the Landmarks commiss1on on appeal, shall issue a certificate of Administrative Approval for Projects in the District if the Secretary or Commission finds that the Project is included within the list of work enumerated in section 9632(b)i that the project is not detrimental to the character of the structure: and that the Project does not detract from the integrity of the district. (c) Criteria for Issuance of Application 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 - 8 - ,. the list of work enumerated in Section 9632(C), and 1t makes a determination in accordance w1th any on~ or more, as appropriate, of the following cr1 ter1a. Such criteria shall be in lieu of those otherw1se requ1red by 9611 (b) : (1) That 1n the case of any proposed alteration, restoration, construction, removal, or relocation, in whol~ 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 contr1buting improvements wi thin the District, not adversely affect the character of the District, an~ not be inconsistent with any design guidelines and standards that may be developed and adopted by the Landmarks Commission specifically for the District: or (2) 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 adversely affect any exterior feature of the historic structure: or (3) That in the case of any proposed work to a non contributing building or structure w1thin 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 - 9 - ~. mass1ng of the contributing structures wlthln the District; or (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 would not adversely affect and not be disharmonious with the District character as set forth in Section 96"30, and with the scale, materials I. and massing of the contribut1.ng structures within the Distr~ct; or (5) That the applicant has obtained a certificate of Economic Hardship in accordance with Section 9611. 5., SECTION 9634. procedures. (a) Certificate ot Exemption and Certificate of Administrative Approval. (1) Application Process. An application for ~~,,~-" a Certificate of Exemption ^ andry Certificate of / ~ Clto..- Administrative Approval for a Project in the District shall be filed only by the property owner or the 7 ~t<S'1 f"lC.. "1'- . ~e- \ . property owner's authorized agent on a form supplied by the city. An application shall be deemed complete within ~ after the Planning Division receives a substantially complete application together with all information, plans, specifications, statements of work, .-mo~~ ok t'f,...A- ~tfR,d. ~e1 ~r:::>~~~') ~ verific(p.ti'Qn 'tha.t noti~Q' of the pendingt>appli~ti'bh hak been posted on the property, and other material and - 10 - documents required by the application. Ifl with1n the specified time periodl the Planning Division fa1l5 to advise the applicant' in writing that h~s or her application is incomplete and to specify additional information required to complete that application, the applicat10n shall automatically be deemed complete. A public hearing shall not be required for 1ssuance 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) Timinq of Application. A certificate of Exemption for a Project in the District approved by the Landmarks comrqission Secretary shall be requ~red to be issued prior to issuance of any Building Permit for the use or activity. A certificate of Admin1strat~ve Approval shall be required to be issued prior to issuance of any Build~ng Permit for, or commencement of, the use or activity. (3) -r.:e.. ..... ( I b) cl.c-.p. posting of Property. "friar 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~o_,_, ~ . - 11 - (4) Determination. ~2~? The Landmarks Comnission ~-n:: a Certificate of Exemption_ ~~ ," Secretary shall issue or deny or a certificate of - Administrative Approval for a District w1th1n ~-d~ of the ?s'n0"c"~ '--- ld.~ ~~ deemed complete. For a certificate ~~'1Y"~ C~....ft. \. <<:..C;, ~a-. "::>52...c:......,:;:rtu\.o. Approval, the .PFlig~~')\shall post on the property for the duration of Pro) ect in the applicat~on being of Administrative this determination the appeal period. . The Landmarks Commission Secretary shall send a copy of the determination to all members of the Landmarks comm~c\. --\0 ~ ~~ ~... - t\~'":-"~"-.c.c:::c\... - ~c.... ~'"S~\~ ~CJ.o~~CA..Q..- ~b) Certificate of Appropriateness and Certificate ~o_, of Economic Hardship. ~~ (1) .. Application Process. An application for a Certificate of Appropriateness, or Certificate of 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 suppl1ed 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) (J) , 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. - 12 - (2) Timinq of Applicat1on. A Certificate of Appropriateness or Cert1ficate 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 perm1t, Build1ng Permit for, or commencement of, the use or activity. , -r~ ((C:!) d!'~"p (3) Post1nq of propertyo,,/rior to f1~ing an application for a ~ertificate of Appropriateness, or Certificate of Econom1C Hardship for a Project in the D1strict, 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 t~e city. This notice must be cont1nuously posted while the application is pending. (4) Notification. Within 10 days of deeming an application for a certificate of ApproprJ.ateness 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, 111."'- 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 progerty within 300 feet of th~ exterior bo~nd~ries~~ ~ct" ~ ~ a...U. ~~ SL.&. t..~ " ~ ~ of the F="::t:::=-::," :'::-'-;:;:"-~-::71' The public hearing for said ~.:...c.....o ct~~ notice shall occur not less than 20 days and no more . ~5 than 35 days after notice is given. The failure to send ~ c:... \.is.r rn~~ notice by mail to any such real property owner where the ?1 ~ ~d...m.~ . C em. .-n.:'5o ~ 't:loon. Q c:.o,:,,,\ cI.... ~ ~~c..-~ ~..m....- s.E:L ~ -1-~~' ., Tlt.~'ocHho~ ~~~ ~~f\~~~~~~~ ~~t- ~.c.; ~ ((Q) L.. fTt.u.. G.....!rL6- ...J......l\.J ~:;;;.5 0...... ~"\.I.J....i.. ~ ~ 0--0....,,;... ~..~ t C, -...: 1- .....c........... 'oC..-l'\. ;.- :-'- ~ - ! '-.: , 1_....... __ ~.=-..l. : _ ,: '","S~~ ~'~ ~ ~<<:::." ~ I ~c::..~<=Y. "T~'--"'-- r',_~-<::::,>,<,,_~, l '" -. t. --....( S~ ~ .~ s k L =-t'" 6_ ~'-J l'1.- ,_ ~ d- ~--, U <6 fk...w....."'-~;"L YY\.. -.J:S; -'f'1A-~p , o-.M/,(C"0u-l.~ ~o.....~ ~.............k \..,So...)~ . ~ 0...'>""\., ctt'-'"-'"'-- t:-1\.~ <:::..-~ o-'5P--'"Y'" ~ o--r c::...~""C'""C"\.:" '"'::. ~, ~ c.....LL be.2. c ~ c.\...,j:L address of sucn ownet is not a matter of public record, On- ~ L s.s~E:...... shall not invalidate any proceedings in connection with 4'~~--r- ~0~~< the proposed project. The Commission may also give such G._I..-'--~ ~G.-Ll. other notice as it may deem desirable and pract~cal. ~dr bE ~y,~ (5 ) Determinat1on. The Landmarks Comm1ss1on shall issue its determination on a Certificate of Appropriateness or certificate of Economic Hardsh1p for a Project in the Oistrict in accordance with SectioIl 9612(e) through 9612(g). - (c. ) (c) Appeals. Appeals shall be processed according to the following procedures: (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 Commission Secretary shall process any such denial as an application for a Certificate of AdminLstrat1ve 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 o('~tTo~ ~~9-f~ 7i~\\cocl "'l;>\..~~J .. propertYA A pUblic hearing before the Landmarks NA..+\oo.t - f" ~dL ~~CL~"\ ~ a...~ f'Il.~ ~''i.r,. - 14 - W"'-~dSL~ ~ \<; 'Go. "t-.cil (" . " Comrniss1on shall be scheduled at the next ava~lable regular meeting. Public notice of the appeal hear1ng shall conform to the mahner in which the orig~nal notice of application was given. (3) Certificate of Appropr1ateness and Certificate of Economic Hardship. The approval, conditions of approval, or denial of an application for a certificate of ~ppropriateness or Certificate Ot Economic Hardship may be appealed to the city Council according to the procedures set forth in Section 9613. (d) Expiration of Approvals. Any Certificate issued for a proj ect in the Dlstrict pursuant to this Chapter shall ,expire of its own limitation wlthin a one hundred and eighty (180) day time period comrnenc1ng on the effective date of the Certificate 1f the work authorized is not commenced by the end of such one hundred and eighty (180) day time period. In add1tion, 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 perlod after being commenced. (e) Effective Date 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 - 15 - , '. the t1me period for exercising a Certif1cate of Exemption, a Certif1cate of Admin~strative Appr~val, certificate of Appropriateness or Certif1cate of Economic Hardship for a proj ect in the Distr~ct 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. (g) Resubmittal of an Application. Notwithstanding Section 9612{l) I whenever an application for a ~ertificate of Exemption or certificate of Administrative, APprovay for a Project in the D1strict has been deemed disapproved by the Landmarks Commission ? · ~~.AJ ~ ;.- ~ ~ Secretary or by the Landmarks Commission on appeal, or whenever an application for a certlficate 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 - 16 - .. .- preV10us application. The ref11ed application shall be processed in as the the orig~nal same manner . . b-cG.-C~~+~~c%~~~~ (h) Fees. The C1 ty Counc1l / may by Resolutlon ~ E..c-.-..D.- establish fees for any apPlication/or~~;]:\ permitted ....N'~~ by this Chapter. ~Members of the Landmarks Comm1ssion applicat1on. shall not be required to pay a fee when filing an appeal of the determination- for a certificate of Administrative Approval shall be or Certiflcate of Appropriateness J No fe;] c:;.f" ~ required for a Certiflcate of Exemption ::::'=.A a certificate of Administrative Approval. SECTION 9635. Demolition. ( a) contributing structures. The demolitlon of contributing structures located within the District shall only be pel"11litted upon issuance of a certificate pursuant to subsections (i) or (2) below: (1) The Landmarks Commission'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 criteria not reasonably meet the for designation as one of the following: National Historic Landmark, national of Register Historic Places, - 17 - l . California Registered H1storical Landmark, or Ca11fornla Point of Historical Interest. B. That the converSlon of the structure into a new use permitted by right under current zoning or with a Conditional Use Permit, rehab~litation, or some other alternative for preserving the structure, including relocation within the District boundarles is not feasible. C. That the removal of the structure from the District will not result 1n a loss of the District's historic integrity. (2) The Landmarks Commission's issuance Certificate of Economic Hardship in accordance Section 9611.5. (b) Non-contributing structures. The demolltion of non-contributing structures located vl1thin the District shall be pennitted only upon compliance wlth 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 reVlew, 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 of a with - 18 - ;. :. Economic Hardship from the Landmarks CommissIon to permit such demolition. SECTION Architectural Board Review 9636. Exemption. All structures located w1thin the boundarles of the District shall be excluded from any city architectural review district, and be exempt from Architectural Review Board approval. _. <!~'i.. ~~ (' ~ 1"C'\....';.O:;'.j ~ mCL....U d.E..U.....\~ d..~~ ~& ~l '-'-I-">:! ~ 'ru-(" ~ G.-'-. ~ Q... \--.- ~ s.. i'D ~ ~t--n.~"-. SECTION 9637. Design Guidelines_} The Secretary of the Interior's Rehabilitation and standards for Guidelines for Rehabilitating Historic Buildings t:1ay be used the Landmarks commission Landmarks and by Commission Secretary to assist in its evaluation of lU\.t...l. -=..u..cJ..... ~ 0..:::. ~ ~~ proposed projects within the DistrictA The Secretary's ~-:.o;;......_ ,- ~~'L-~ Gu idel ines, however, sha II not be cons idered dispos it i ve c:te. 'So ~ . .. ~d 'W:.\.....;..~.s. with respect to any ProJect or deterrn1nat10n on any 'f-.c-~\. 1>t!a~~T: certificate required for work in the District. 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 District structure to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. Inspections may be conducted by the City upon request of - 19 - .... J. District residents and property owners in the D1strict when potential health and safety v~olat~ons eX1st. SECTION 2. Any provis1on of the Santa Mon1ca Municipal Code or appendices thereto incons1.stent with the prov1.sions of this ord~nance, 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 ~nvalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain:ng 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 clause, or phrase not declared invalid or unconstitutional without regard to whethe~ 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 FORM: f'-""~~r,.../'''' ~ VW"~' ROBERT M. MYERS City Attorney - 20 - 4' t; to - ty.-;b 'ev,;e,:J I---tr- OCT 1 6 1990 LUTM:PB:SF:AS PCjthhd9 Council Mtg: October 16, 1990 Santa Monica, California TO: Mayor and City council FROM: city staff SUBJECT: Recommendation to Introduce for First Reading an Ordinance Adding sections 9631 Through 9638 To Chapter 6 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. INTRODUCTION This report responds to issues presented to the City council by the Third street Neighbors at the September 25, 1990 and October 2, 1990 city council meetings regarding the proposed Third street Neighborhood Historic District Ordinance and addresses Council concerns expressed during the study session on this item. In addition, staff has recently met with representatives of the Third street Neighbors in an effort to resolve the outstanding issues. The outcome of this meeting is also discussed below. The ordinance has been revised to reflect many of the Council's and the Neighbors' concerns. The Third street Neighbors' letters itemizing their concerns is contained in Attachment A. The revised ordinance is contained in Attachment B. On the issue of establishing a citizen Review Committee and the sequence of proj ect review, the Landmarks Commission on October 11, 1990 approved a motion supporting staff's position that a review committee is inappropriate and that Planning review should occur prior to Landmarks Commission review. - 1 - ,,~,~. 4) p...d,- OC1 1 6 \990 THIRD STREET NEIGHBORS CONCERNS The Third street Neighbors have proposed a variety of changes to the ordinance under consideration. Staff has reviewed these recommendations and prepared the following response. Landmarks commission Jurisdiction The Third street Neighbors believe that the Landmarks Commission should review projects requiring a Certificate of Appropriateness or a certificate of Economic Hardship prior to the review of the proposal by any City department or Commission. The ordinance requires that the Landmarks Commissionrs approval of alterations or new construction in the district occur after administrative or Planning Commission approval of a project; only in the case of a demolition request would the Landmarks Commission review a permit before other city bodies. Although staff has met with the Neighbors to discuss this issue in detail, staff continues to believe that requiring approval by the Landmarks Commission prior to other necessary approvals would complicate the permit process. Under such a system, the Landmarks Commission would be conducting a design review of a project without knowing if the project was consistent with the Zoning Ordinance. This would most likely result in a circuitous review process whereby the applicant would first obtain the Landmarks Commission's approval, move on to Planning commission or administrative approval, and then return to the Landmarks Commission for another review and approval due to possible proj ect changes mandated by the Planning conunission and/or the - 2 - Zoning Ordinance. Since there is a concern on both the part of the City Council and the Third Street Neighbors that the review and approval procedures in the district be simple and straight forward, staff feels that the Third street Neighbors I proposal defeats this purpose. Further, if a project is subject to the California Environmental Quality Act (CEQA), the Landmarks Commission would have to certify any CEQA documents, a procedure with which they are not familiar and which traditionally has rested with the Planning Commission. In addi tion, due to the timing constraints in the Landmarks Ordinance, if the applicant is required to obtain a certificate of Appropriateness approval before proceeding with other required approvals, this permit may expire before the applicant is able to obtain a building permit. Certificate of Appropriateness permits expire within 180 days of the approval unless a building permit is issued for the project and work has commenced. The approval may only be extended by City council resolution. On the other hand, Planning Commission or administrative approvals are valid for up to a year and ~ay be extended by the Planning Director. Therefore, once the applicant had obtained the necessary planning approval, there would be ample time to process the Certificate of Appropriateness application, as well as other necessary permits, eliminating the need for extensions and risks of permit expirations. To address the concern that the Landmarks Commission should have early input on maj or alterations and new construction in the district, staff recommends that applicants be encouraged to - 3 - obtain a conceptual review from the Landmarks Commission prior to proceeding with other required approvals. This review would not involve a formal action and would not be required by ordinance, however, applicants would have the benefit of the Landmarks commission's comments and could incorporate them into the project design at an early point in the process. Citizen Review Committee It is stated in the Third street Neighbors letter that a citizen review committee should be an essential part of the certificate of Appropriateness/Certificate of Economic Hardship review process. staff agrees that neighborhood and general public input is important, however, staff believes it is inappropriate to empower one group of neighborhood residents over another. Landmarks Commission review of project ensures all applicants are on an equal footing. A neighborhood review committee usurps the power of the Landmarks commission, further lengthens and complicates the project approval process for the applicant, and increases the potential for neighborhood conflict. The ordinance addresses the need for neighborhood input by requiring the posting of properties where Certificates of Administrative Approval, Appropriateness, and Economic Hardship are proposed. Initially, the ordinance also required for Certificates of Appropriatness and Econom.ic Hardship that the applicant obtain comments, not the approval, of adjacent neighbors as part of the application filing materials. However, in meeting with the Neighbors, staff found there is a strong - 4 - objection to this requirement and it has, therefore, been eliminated. One of the Neighbors reasons for supporting the creation of a citizen review committee was to ensure early notification of pending applications and public hearings as well as notification of certificate of Administrative Approval determinations. These concerns have largely been resolved by revising the ordinance as follows. To ensure early notification of pending certificates of Administrative Approval, Appropriateness and Economic Hardship, the applicant must post the property prior to filing an appl ication for the proposed work. The appl icant must submit verification of this posting in the application. without this verification the application must be deemed incomplete. The ordinance originally required posting of the property within 10 days after deeming the application complete. Notification of public hearings for Certificates of Appropriateness and Economic Hardship will occur earlier than the standard not less than 10 days prior to the hearing. Instead, the notice of the hearing will occur within 10 days after the application has been deemed complete. The public hearing must occur not less than 20 days and not more than 35 days after publication and mailing of the notice. In addition, the notice will be sent to all property owners and residents wi thin the district as well as to all property owners and residents within 300 feet of the exterior boundaries of the property involved. - 5 - This notification requirement is stricter than what currently exists in the Landmarks Ordinance, which stipulates that only property owners within 300 feet of the subject property be notified of the public hearing. To ensure concerned persons are notified of determinations on Certificates of Administrative Approval, staff will post the determination on the property. The 14 day appeal period will run from the date of posting. In addition, the determination will be mailed to the Landmarks Commission. Despite these improvements in public notification, the Neighbors still support the creation of an ordinance mandated citizen review committee. While staff has no objection to the neighbors establishing a neighborhood organization independent from the formal city structure, staff has substantial concerns regarding the creation of a second review body. This would necessitate the establishment of procedures for the review committee, pUblic notification of the committee meetings, and additional staffing. However, if an independent neighborhood organization is established, the ordinance requires that Certificate of Appropriateness and Economic Hardship applicants contact this organization prior to filing the application request. Demolition of Contributing Structures The Third street Neighbors state that the criteria in Section 9635{a) regarding the demolition of a contributing structure in the district is too narrow and that the broader criteria in Section 9635(c) should be substituted. However, as required in - 6 - the ordinance, the Landmarks Commission can only approve a certificate of Appropriateness for the demolition of a contributing building in the district if the justification is based on all three findings in the ordinance. Upon meeting with the Neighbors, this issue appears to be clarified. Certificate of Exemption The certificate of Exemption process as originally proposed has been identified as too cumbersome. Since the purpose of this process is to allow minor building alterations to occur quickly without administrative or Landmarks Commission review, the ordinance has been revised to reflect this intent. As now stated in Section 9632 (a), a Certificate of Exemption shall only be issued for listed items if a building permit is required for the work. The exemption will then be automatically granted as part of the building permit process. Posting requirements and the issuance of written findings have been eliminated. Certificate of Administrative Approval The Third street Neighbors feel the processing timeline for Certificate of Administrative Approvals is too long and should be reduced from 30 days to deem complete and 30 days to issue a determination to 10 days to deem complete and 10 days to issue a determination. staff and the Neighbors have discussed this issue and do not agree on the timelines. The proposed timelines are similar to those specified for other development permits. In practice, it is unlikely that the approval process will take the - 7 - full 60 days, however, staff believes these timelines are appropriate and should not be changed. Emergency Repair Procedures The Third street Neighbors believe that the ordinance should allow for procedures to permit owners to conduct emergency repairs immediately rather than wait through the certificate of Administrative Approval or Certificate of Appropriateness process. Staff concurs with this recommendation. Emergency repairs are now included under Certificate of Exemption in section 9632(a) (10) of the proposed ordinance. Items Requiring Certificates Approval, or Appropriateness of Exemption, Administrative The Third street Neighbors expressed general concerns regarding the alterations permitted under each Certificate category and have stated that certain items under certificates of Exemption and Administrative Approval should be moved to the next higher review. However, pursuant to Council direction that the entire review process be simplified and that more alterations be either exempt or subject to administrative review, the ordinance has been revised to move the following items from the administrative to exemption list: o Rear or side yard fences o Retaining walls o Roof top solar equipment or exterior telecommunication equipment - 8 - o Mechanical systems including air conditioning or heating The neighbors feel these changes are acceptable only if the work is not visible from a street. The following items have been moved from Certificate of Appropriateness to administrative review: o Removal, demolition , addition or alteration to front yard fences o Removal, demoli tion, addition or alteration to front yard paving, concrete work, walkways The Neighbors feel the changes are acceptable provided that determinations of administrative decisions are posted on the project site and are mailed to members of the citizen review committee. staff, however, believes that posting of the determination on the subject property and mailing the determination to the Landmarks Commission rather than a citizen review committee is adequate notification. Architectural Review Guidelines The Third street Neighbors state that architectural review guidelines should be developed for the district that are mandatory and should be the basis for the denial of any permit request. The ordinance is written to allow the Commission and staff to Use the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings in their review of certificate applications until such - 9 - time as local guidelines are developed and approved. The Landmarks Commission is very interested in developing these guidelines. However, the nature of design guidelines as stated in the guidel ines developed for the entire Ocean Park neighborhood "is to suggest or recommend appropriate design treatments but leave the application or interpretation to the designer or the project reviewer." To encourage creativity, guidelines should never be mandatory and, in fact, the words are contradictory. As noted in the Secretary of Interior Standards, guidelines do not provide case specific advice. Guidelines give direction and assistance but it must be up to the individual designer and the Landmarks commission's expertise to determine the most appropriate restoration plan or new addition design to buildings in the district and to landmark structures throughout the city. However, staff would support establishing a community process to prepare development standards for the district that would be mandated by ordinance in conjunction with district design guidelines. Review of Alterations to Contributing Versus Non-Contributing Buildings The Third street Neighbors concur with the proposed ordinance and the staff recommendation that, except for demolition, non-contributing buildings and new construction should be subject to the same review procedures as contributing structures. This - 10 - will insure that the district integrity is not diminished over time. Preamble and Findings The Third street Neighbors believe the more detailed findings discussing the district character in the July 24, 1990 district designation ordinance should be used as the findings for the subject ordinance. In fact, these findings have already been adopted as Section 9630 of the Landmarks Ordinance. The subject ordinance will follow immediately with "Definitions" as section 9631. Appeals and Fees The Neighbors have stated that there should not be filing fees for Certificates of Exemption and Administrative Approval and that appeal fees should be waived for members of the citizen review committee. Staff concurs that, since there will be minimal staff time involved in the review of certificates of Exemption and Administrative Approval, fees should not be established for these applications. However, staff recommends that appeal fees be waived for Landmarks Commission members rather than for a citizen review committee. The ordinance has been revised to reflect these recommendations. COUNCIL CONCERNS The Council identified a number of concerns regarding the district ordinance. staff was requested to simplify the Certificate of Exemption process, consider placing more items in - 11 - the certificate of Exemption and Certificate of Administrative Approval categories, and include a section on emergency repairs. These revisions have been discussed above. staff was also asked to consider the proposal for neighborhood participation, which has also been discussed. council also requested staff to consider allowing alterations to recently constructed non-contributing structures to occur without the approval of a certificate application for a specified time period. For example, for a two year period after a new building is constructed in the district, any alterations to the building would be exempt from review. staff feels this would be problematic for a number of reasons. First, the Third street Neighborhood Historic District is proposed to be exempt from Architectural Review Board review since the Landmarks Commission will fulfill this design review role. Therefore, if a newly constructed building were exempted from review for alterations these changes would occur without any design review. Second, even if a building is recently constructed, an alteration could be proposed that could impact the district's historic and architectural character. The fact that a non-contributing building is constructed in 1952 or 1992 does not change the nature of the alteration, which could still negatively affect the district's historic integrity. council requested staff to clarify the criteria for issuance of Certificate applications. Specifically, the question was, does compatibility with the "district character" include compatibility - 12 - with the non-contributing structures. The ordinance addresses this by stating in Section 9633 (c) (3) that district character refers to tithe scale, materials, and massing of the contributing structures" and the description of the district set forth in section 9630, the findings incorporated in the designation ordinance. Another concern was the question of perm.itting exterior al terations not visible from a street that do not result in changes in building square footage to be exempt from review. It was felt this could resul t in buildings with historic street facing facades while rear yard facades inappropriately altered to a contemporary appearance. Staff believes, in an effort to provide property owners with some flexibility when conducting minor alterations, if the change is not visible from any public street its impact on the district integrity is negligible. The district will continue to be a contribution to the community as a representative example of early 20th century Santa Monica. Further, it should be noted that only two structures in the district are designated as individual City Landmarks. Consequently, it is the nature and character of the neighborhood or district which is sought to be preserved, not the absolute design purity of each contributing structure. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. Although the creation of administrative review procedures as well as an increase in Certificate of - 13 - Appropriateness applications associated with the Third street neighborhood Historic District will result in additional staff time, staff does not recommend establishing fees for Certificates of Exemption or Administrative Approval since these permits are required for minor alterations that do not require public hearings. The added work load will be carried by current staff. RECOMMENDATION It is respectfully recommended that the Council introduce for first reading an ordinance implementing procedures for the review of the alteration or demolition of structures located within the Third street Neighborhood Historic District. Prepared by: Paul Berlant, Director Suzanne Frick, Principal Planner Amanda Schachter Associate Planner Land Use and Transportation Management Department Program and Policy Development Division Attachments: A. Letters from Third street Neighbors B. Proposed District Ordinance AS PC/thhd9 10/12/90 - 14 - A+r~WI~vt+- A THIRD STREET NEIGHBORS OF OCEAN PARK 2612 Third Street Santa Tvfonica, California September 25, 1990 CIty CouncIl & Landmad<s CommIssion 1685 Main Street Santa Monica, CA 90401 Re. Hlstonc DIstrIct Ordmance Honorable Counctlmembers and CommissIoners: Last night flfteen members of the ThIrd Street neIghbors met for the first and only hme to reVIew the proposed HIstone DIStrict Ordmance. vVe receIved it last Thursday night We propose the foHowmg changes and make the following observahons regardmg the proposed ordmance and Its readmg at the CounCl!. 1 SECOND READING, FURTHER REVIEW & COMMENT. We request that the CouncIl speC1:f1cally provIde for pubhc mput at the second reading of the ordmance. The shortage of hme avaIlable to reVIew and dISCUSS the proposed ordmance and the unavallab1l1ty of staff to answer questions durmg the penod the ordmance was avaIlable to us has resulted m InsuffICIent reVIew and consIderatIOn hme 2 LANDMARKS COMMISSION TURISDICTION. The Landmarks CommlSSlCTI should have pnmary JunSdlCTIOn over demolItIOn, new construchon, and major alterations and remodelmg of structures In the hIstone dIstrict Any project ror whIch a Cerhficate of Appropnateness and/or Economic HardshIp is reqUIred should come fIrst to the Landmarks CommlsslOn fDr the CerhfIcate before any other CIty agency, CommISSIon, or staff department may reVIew and/or grant a request or apphcahon for any permIt to proceed WIth such a project In the dlStnct. The Landmarks CommIsslOn should also have responsIbIlIty far all archItectural reVIews and approvals lTI the diStrIct rather than the ArchItectural ReVIew Board (ARB) SInce the CommIssIOn is umquely qualIfied in thIS regard. Honorable CouncIlmembers and CommIssIOners CIty CouncIl & Landmarks CommISSIOn September 25, 1990 Page 2 ThIS JunsdiChon gwes greatest protection to the dIstnct whIle at the same tIme mInImIzing duplIcatIve and costly reVIews to owners, buIlders, and developers Landmarks Commission conceptual reVIews, mcludmg archItect's rendenngs short of plans, as the baSIS for Issuing CertIfIcates of Appropriateness and/or EconomIC HardshIp WIll avoid SItuations where, for example, owners/buIlders/developers incur the expense of full preparabon of project plans for staff or Planning CommISSIOn only to later fall to obtam any necessary CertIficate from the Landmarks CommISSIon. Later architectural reView by the ComrrusslOn should, In most cases, proceed more quickly and smoothly since prIor conceptual reVIew will have occurred. 3. RESIDENT/CITIZEN INPUT TO PROJECTS PROPOSED IN DISTRICT. A CItIzen review process IS essentIal for projects Involvmg demohtIon, construction, movement of buIldmgs to or within the dlstnct, and major remodelmg- m short, projects whIch require a CertIfIcate of ApproprIateness and/or Economic Hardship The process should mimmize the potential for conflICt, aggravatIon, and back-scratchmg among neighbors The proposed ordmance falls short regardmg resident mput and Its potentIal negatIve lillpact m the neighborhood It reqUIres that changes be reVIewed only WIth Immediately adjacent neighbors \"fhat constrtutes "Immediately adjacent" IS unclear \-Vorse, this has the potenhal to pit neighbor agamst neIghbor, makmg the process more personal than It needs to be Thud Street NeIghbors have not had full opporturuty to refme all parhculars of a resldel1t!Clhzen reVIew process However, at rrunlmum we urge the followmg (a) A fIve person Committee be formed for mandatory reVIew and comment on all projects requmng a CertIfiCate of Appropnateness and/or Econonuc Hardship. (b) The Committee's mlTIlmUm mandate is to convene and conduct open neIghborhood meetIngs and to convey the sense of the meeting to the Landmarks CommIsslOn. (c) In order to properly carry out ItS mandate, the Committee shall receIve the same materIals as the Landmarks CommiSSIon regardmg proposed projects, and at the same hme Honorable CouncIl members and CommisslOners CIty Council & Landmarks CommIssIon September 25, 1990 Page 3 (d) The CommIttee shall be specID.cally notIced on any requests for CertIfrcates of ExemptIon and of AdmInIstratIve Approval and on staff's deClslOns on such CertIfIcates TIme for any appeals shall run from the date the CommIttee receives staff's determma tIon (e) The Comnuttee shall mclude among Its members at least one resident tenant, one resIdent property owner, and an archItect or histonan ThIrd Street NeIghbors have not yet reached conclUSIOn on whether all members of the Comrruttee must be resIdents of the dIstnct. The Landmarks CommissIon shall appomt one of ItS members as lIaIson to the CommIttee. (f) ThIrd Street Neighbors have not yet reached concluslOn on the process for puttIng members on the CommIttee PossibIlrtIes mclude (1) dIstnct electIons, (11) appomtment by the Landmarks CommIssIon If the neighborhood falls to elect, or (m) appointment by the Landmarks ComnusslOn (g) The eXIstence of t.l-te CommIttee shall be m addItIon to, and not as a substItute for, adequate nonce reqUIrements to all dlstnct reSIdents and property owners and reSIdents and property owners wIthm 300 feet of dIShxt boundanes as set forth In SectIon 9610 of the Zoning Ordmance 4. DEMOLITION OF CONTRIBUTING STRUCTURE. The critena In SectIon 9635(a) for demolItIon of a contnbubng structure are far too narrow as they focus almost exclUSIvely on the mdIvIdual archltectural ments of the bmldmg WhIle thIS may be appropnate for an indIVIdual Landmark, It IS not appropnate for thIS dIstnct where many, If not most of the rndIvidual bUIldmgs taken smgly, do not nse to the level of archItectural ment necessary for nahonal or state recogmtJ.on The broader cntena of Sechon 9633(c) should be subshtuted here else the dIstnct be demolrshed one by one on the wounds that each mdivIdual bUIldmg 15 not dlshnguIshed enough to be saved. 5 CERTIFICATE OF EXE\1PTION The reaurrement for a Cerhhcate . of ExemptIon should be ehmmated. Ongmally the Landmarks CommiSSIOn proposed, and ThIrd Street Ne~ghbors supported, certaIn exempt actIvIbes and projects WhlCh by theIr mInImal vIsual Impact on the dIstrICt reqUIred no pnor staff or Landmarks CommISSIOn reVIew or approval For owner protectIon, ThIrd Street NeIghbors suggested that an optIonal CertIfICate of ExemptIon be avaIlabie If an ov.;ner wanted Honorable CounCllmembers and Commissioners CIty CaunClI & Landmarks CommIssIon September 25, 1990 Page 4 to obtam one. The antIcipation was that It would be an Immediate, over the ccunter issuance - more like a re81stratIon than a permit The proposed mandatory CertIficate of ExemptIon IS cumbersome, unnecessary, and a contradIctIon In terms. The an81nalldea of ThIrd Street Neighbors should be substItuted or the Cerbbcate should be deleted in Its entIrety and the .. proposed ordinance should sImply enumerate those actiVItIes and projects \vhlCh reqUIre no reVIew or approval. 6 CERTIFICATE OF ADMINISTRATIVE APPROVAL The proposed SIXty day process to obtam thIS CertIfIcate IS too long and cumbersome and should be streamlmed. Rather than 30 days and 30 days to deem an appl1cabon complete and then effechve, 10 business days and 10 busmess days, or some other ad.rrurustrahvely feaSIble number on staff's recommendatIon, should be substItuted No resIdent/Clhzen review other than the notIce proposed above m Item 3 of thIS letter should be reqUIred. 7 EMERGENCY REPAIR AND REPLACEMENT PROCEDURES There should also be emergency procedures for ImmedIate reVIew and response In cases where patch-up repaIr is ultImately InsuffICient and long-term, major work is reqUIred -- for example, foundahon or chimney repaIr after an earthquake, roof replacement (rather than patch repaIrs) after leaks occur m an old roof after heavy rams The present procedures would allow short term repairs and then reqUIre a second cycle for major repalfs and replacement, potenbally puthng owners to duplIcatIve repal[ expense 8 CERTIFICATES OF EXEMPTION VS. ADMINISTR.ATIVE APPROVAL V5. APPROPRIATENESS Third. Street NeIghbors dId not achIeve consensus about the appropnateness of varIOUS Items listed In the three certIficates SpeCIfICally, there were concerns about Item 4 m ExemptIon and Items 4, 5, 7, 9, 10, and 12 m AdmInIstraTIve Approval as pOSSIbly belongmg In the next hIgher reVIew category. See chart attached for ease of ccmpanson among the three certJ.flCates Honorable Councl.lmembers and CommissIoners City Council & Landmarks CommissIOn September 251 1990 Page 5 9 MANDATORY ARCHITECTURAL REVIEW GUIDELINES The ordmance should reqwre the Landmarks CommiSSIOn to develop mandatory local gUldelmes for architectural reVIew of changes wIthin the dIstrict whether by remodel or new construchon. The gUldehnes should expressly mcorporate the fmdmgs whlCh charactenze the sigruficant archItectural, aesthetIc, and contextual features of the distrIct Viola hon of the guidelines should be sufficient baSIS for the Landmarks CommIsSIon or staff or any other agency or Commission of the City to deny any requests or appl1cahons for permIts of any kmd 10. CONTRIBUTING V5. NON-CONTRIBUTING BUILDINGS Third Street Neighbors support the concept in the proposed ordinance that except for demolIhon, non-contnbubng bUIldmgs and all new constructIon should be subject to the same reVIew reqUirements as contnbutIng buIldmgs. ThIS IS essentIal to prevent further degradatIon ill the dIStrICt and assure future architectural harmony and senSItIVIty. If our suggestions regardmg changes to the Cerbficate of ExemptIon and streamlmmg of the CertIfICate of AdmInlstrabve Approval are adopted, that WIll ease the review and approval process for both contnbutIng and non-contnbutmg bUIldmgs 11. PREAMBLE AND FINDINGS. The longer, more detaIled preamble and fIndmgs In the July 24, 1990 histone dIStrict desIgnatmg ordInance should be reproduced In theIr enhrety as the preamble and findmgs for the proposed governmg ordinance CONCLUSION. The proposed ordmance must str.ke a balance betvveen preservahon of the ThIrd Street HIstone DIStrICt as a pubhc resource whICh "belongs" to all of us and the realIstic needs of property owners for use, enjoyment, and reasonable mamtenance and alteratIon or their propertIes. \Ve belIeve that our proposals, If Implemented, reach a proper balance. They also reeogmze that ThIrd Honorable CounCllmernbers and CommissIOners City CounCIl & Landmarks CommissIOn September 25, 1990 Page 6 Street NeIghbors have been an active, responsible, and responsive neIghborhood group In the past In proposmg the Third Street Histone DistriCt. 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E :::l >- tJlOroOC,lD.o ....."(OEU)'OE-o Cl_TI -:>.C CJ ..cNC:.r::cCc o~..5!;;ro<;>Qi ~Olo~~B~ <~=;:.sZOl o ell C :J r5 S Q.l C. ro lJ f/) 1J c:: !!1 ..... o .... roC E-o - 0 o tJl ~ ro Q.l > (,/] o - _"0 t:: <:,) 0 ere N 't: 6lii c: i:: 5~ ro ro O-E E= ~ui >. ....!'tIC) C :> 2~C: ~-a~ c: =: 0 '5ioE x.::.t:. 0 CJ_-= -0:1: o 3: c:i ~9:;: 52'0 r:lu'O C.co Q.l 0 (,/] a:c.;I:::l M 0: w Cl. ,.... 8 o I Z I co THIRD STREET NEIGHBORS OF OCEAN PARK 2612 Third Street Santa Monica, California 90405 October 2, 1990 City Council and Landmarks CommlsslOn 1685 Mam Street Santa Monica, CA 90401 Re: Historic DistriCt Ordmance/Staff Report of October 2, 1990 Honorable CounCllmembers & Landmarks ComrmsslOners: Since the Council meeting on September 25, 1990 the Third Street Neighbors met again to further consIder the ordmance proposed to the Council last Tuesday. \Ve learned at approximately noon today that a further staff report and a new ordmance was delIvered to the CounCil yesterday. I obtained a copy of these documents at approxImately 1'15 p m. today and am the only person who has seen them at this wnhng. Accordmgly, thIS letter reflects the Neighbors' response to the CounCil members comments last week and our further dehberations before these new documents were known to eXIst I have added my own comments at the end of thIS letter, separate from the Third Street NeIghbors, regardmg some of the staff report and the ordmance revislOns. In addITIon, under the Circumstances I queshon whether a fIrst readmg of an entIrely re-written ordmance IS appropnate where even the Council receIved It barely twenty-four hours before its meehng. ThIrd Street NeIghbors had anTICipated an opportunity for pubhc testimony and CounCil diSCUSSIon before the staff revised the language of the ordmance. Specifically, it was our understanding that alternatIve language was to be avaIlable to the CounCil In those areas where the NeIghbors and the CounCil had expressed imbal concerns at the September 25 meehng. We dId not understand it 'to be the CounCIl's intent that staff revise the ordmance in full without the pnor benefit of CounCIl duechon regardmg CounCIl Members' own comments and those of the ThIrd Street NeIghbors We would support a further contInuance on fIrst readmg of thiS new document along WIth a dISCUSSIon at the Council meetmg tonight intended to glVe the staff specific dIrectIon and guidance. 1. CITIZEN INVOLVEMENT: Responsible CiTIZen Involvement reqUIres adequate notice, informatIon, and opportumty to conSIder and be heard. The ordmance should mSTItuhonahze a mechamsm for persons mterested m the histone dIStrIct and ItS furore to have ample opportunity to reVIew apphcatIons for CertifICates of Appropriateness before any public hearing. SpeCIfically, we propose the followmg proviSIOns These are summanzed and compared to the onginal staff proposals In the attached chart. City CouncIl and Landmarks Commission October 2, 1990 Page 2 (a) Property owners intendmg to apply for a CerbfIcate of AdminIstrative Approval, Appropnateness, and/or Hardship must post theIr property In a conspicuous place at least 10 days prior to filIng their applicatIon Prior postmg rather than postIng after an applIcatIon has been deemed complete wIll give mterested neIghbors and others early opportumty to obtain informatIon and comment (b) The City's notice reqUIrements for publIc heanngs regardmg applications for CertifIcates of Appropnateness and/or EconomIc Hardship, and for appeals on these CertifICates and CertIfIcates of AdmimstratIve Approval should mclude all property owners and resIdents of the dIstrict, those wIthm 300 feet of Its boundanes, and all other interested persons who submIt theIr names and addresses to the Plannmg Department for this purpose (c) A HIstoric DIstrict CItIzens' CommIttee of three to fIve persons should be appOInted by the Landmarks CommISSIon or the CIty Council to recelVe, disseminate and otherWIse make available to interested persons the same matenals regardmg CertIfIcates of Admimstrabve Approvat Appropnateness and/or Economic HardshIp that the staff, the Landmarks CommISSIOn and/or the CIty CouncIl receIve at the same bme these CIty entItIes receIVe them. The CommIttee would be responSIble to orgamze and coordmate meetings for neIghbors and other mterested persons pnor to publIc hearmgs on CerhfIcates of Appropnateness and/or EconomIC HardshIp and on appeals The CIty should coordmate WIth thIS CommIttee so that public notIce of a citizens' meetIng held prior to a publIc meetIng WIll be dIssemmated by the CIty m addItIon to or as part of the notIce sent by the CIty regardmg any subsequent publIc heanng. (d) The CItizens' CommIttee WIll be responslble for convening meetIngs of mterested persons pnar to public hearings to reVIew CerhfIcate of Appropnateness and/or EconomIC HardshIp ApplIcatIons and to meet with the owner to dISCUSS plans and exchange VIews (e) The HIstonc DIstrict CIhzens' CommIttee wIll have no mdependent power or authority to speak for the Thud Street Hlstonc DIstrICt or any other mterested Citizens m Santa Momca. Its purpose IS to be the responSIble entIty for recelvmg and dlssemmatmg mformation from the CIty and summanzmg, when pOSSIble, the sense of CItrzens' meetmgs to the Landmarks CommiSSIOn and to the CIty CounCIl. 2. DISNEYLAND. We agree that alterahons and modIfIcations to bUlldmgs m the dlstnct, whether or not vlslble from any street, should be conSIstent In character WIth the dIstrict In order to aVOld a "DIsneyland" facade So, for example, any mcrease CIty Council and Landmarks ComITIlssian October 2, 1990 Page 3 or reductIon In the square footage of a buildIng should require a Certiftcate of Appropnateness, whether or not vIsible from the street. The mandatary deSIgn guidelmes WhICh we propose should gUIde archItectural reVIew and approvaVdemal, not whether or not alteratIons are VISIble from the street. In order to accommodate owners' desires for modIfIcatIons involvmg funchonalImprovements to propertIes, the mandatory design guidelInes should specify that more design fleXIbIlIty be gIVen to changes not VISIble from any street. 3. EXEMPT ACTIVITIES. Any alterations, repairs, maintenance, constructIon or other activities whICh result In no vlSlble change to a structure should be exempt So, for example, roofmg, foundatIon, and chimney work should be exempt If no viSIble change m the structure occurs. 4. LANDSCAPING. Mature trees, bushes, and hedges should not be conSIdered I'mmor" landscapmg. Removal of mature trees should requue a CertIficate of Appropriateness Removal of mature bushes and hedges should reqUIre a CertIficate of AdmimstratIve Approval. MY OWN COMMENTS ON THE STAFF REPORT AND ORDINANCE RECEIVED. 1. LANDMARKS JURISDICTION. As a practical matter, unless major alteratIons to propertIes other than demolition come before the Landmarks CommIssion hrst for a CertifICate of Appropnateness before reVIew and Issuance of permits by other city bodIes, one of two undesirable outcomes IS hIghly lIkely If the Landmarks Commission demes a CertIhcate of Appropnateness, a property owner WIll have expended SIgnIfIcant tIme and money beforehand and then be prevented from gomg forward Alternahvely, there WIll be such polItical, economIC, and other pressures (for'example sympathy) on the Landmarks CommISSIon to aVOId thIS result that It may approve CertIfIcates of Appropnateness and/or EconomIC HardshIp m mappropnate cases GIving Landmarks CommISSIOn prIor JunsdIchon aVOIds these undeSIrable outcomes. Ordmance hmelmes In the proposed ordmance can and should be changed to aVOId staff's tImmg concerns. The Landmarks CommIssion may develop the same abiltty as the Plannmg Commission to properly .handle ErRs and would be the more approprIate body to do so m the hIstone district. 2. ARCHITECTURAL REVIEW GUIDELINES. I have read the Secretary of the Intenor's GUIdelmes and find them far too general to be helpful. SpeCifIc deSIgn guIdelmes WhICh Incorporate our dIstrict's particular and unique features are necessary. They should be mandatory m order to be useful. We have seen In Ocean Park that suggeshve gUIdelmes are often SImply Ignored. City Council and Landmarks CommIsSIOn October 2, 1990 Page 4 3. STAFF REPORT REGARDING CITIZEN INPUT. Staff's report reflects a nusreadmg of our anginal comments. ThIrd Street NeIghbors are an example of a responsIble cIhzen group, but for whIch the hIstoric dIstnct would not have happened We did not usurp the power of the Landmarks Commission We imtiated and faCIlitated a process of cooperation wIth them. We were, however, often handIcapped by CIty policy which does not permit a citizen's group to receIve matenals at the same hme as the CIty body for whICh It is prepared. The staff report and revIsed ordinance whIch came to the Council and Landmarks ComnllsslOn last mght is a case in pOInt InabIlIty to obtam necessary informahon without constant vigilance by workmg people who cannot get to City Hall dunng their work day makes genuine CItIzen mvolvement a diffICult uphIll battle. The hIstone dIstrict belongs as much to the CItizens of thIS City and to the people who lIve and own property In It as It does to the Landmarks CommISSIOn and the CIty Council vVe should have as much opportumty to participate in reviewmg and preparmg our comments on major changes m the dIstrIct as the deCIsion-makers do. That a nommal addItional cost may anse IS not reason to shut the citizens out. The process we propose poses no addItIonal burden an property owners The ordinance proposal is ineffectual at best and undeSIrably confrontatIonal at worst. Further, why should adjacent property owners be the only persons consulted by a property owner wishmg to make changes m the district? 4. EXEMPT ACTIVITIES. The ordmance as drafted IS stIll difficult to follow regardmg exempt achVIhes. It appears that there IS still a pOSSIble 30 day walhng period for an applicahon for a Cerhficate of Exemphon to be deemed complete. Except for exempt aCTIvities whICh reqUIre a bUIldmg permIt, there should be no need for as cerhfIcate at all unless the property owner wants one The ordmance mIght be eaSIer to follow If a separate section on exempt aCTIvities mcluded the followmg pomts (a) The followmg achVIhes are exempt and do not reqUIre pnor reVIew, approval, or any cerhficate or permIt unless they also reqUIre a bmldmg permIt. (b) The certifIcate of exemptIOn wIll automahcally Issue WIth the bUIldmg permIt. (c) There 15 no pnor poshng, publIc hearmg, nohce, or appeal. 5 ROOFTOP APPURTENANCES VISIBLE FROM THE STREET: InstallatIon of new telecommUnIcatIons equipment and mechanIcal appurtenances such as aIr COndITIOnIng should not be exempt If VISIble from the street. These have CIty CouncIl and Landmarks CommIssion October 2, 1990 Page 5 the potential to cause great vIsual dIstortions m the character of the homes in the dIstrict and should be reviewed before approved 6 LANDSCAPING. Entrusting the protection of mature trees, bushes, and hedges to a presently non-exIstent 11landscape survey adopted by the Landmarks CommIssIonl1 WIll not provIde adequate protection. The NeIghbors' proposals do. 7. OTHER MISCELLANEOUS CHANGES: (a) Page 3, change. Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT DEVELOPMENT STk1>,JDARDS to ALTERATION STANDARDS. (b) Page 3, Section 9631 (b), Cerhftcate of Appropriateness, add: A cerhficate Issued by the Landmarks CommISSIon Secretary, or the CIty CounCIl on appeal, for a Project. . . (c) Page 7, (c) CertifIcate of Appropnateness, (5), add: Relocahon of buildmgs within, into, or out of the ThIrd Street. . . If gIVen an opportumty, ThIrd Street NeIghbors would be pleased to assist In revIsmg and/or drafting an ordinance WhICh meets our concerns and those of the CounCIl. Respectfully submItted, r., I/ 'I' \, \ ,~. /- I.~,-~ ~~~~I '- Bea N emlaha for the ThIrd Street NeIghbors and for myself Atto.-d1 YJ1 evrt- 8 CA:RMM:mz334/hpadv City Council Meeting 10-16-90 Santa Monica, California ORDINANCE NUMBER (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 I 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 past; 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 - and operation of one of Ocean Park'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 - 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 Mnoica Municipal Code to read as follows: Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT DEVELOPMENT 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) Certificate of Appropriateness. A certificate issued by the Landmarks Commission Secretary 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 - (d) Contributinq structures. All structures located within the Third street Neighborhood Historic District boundaries that were constructed in 1935 or earlier. (e) District. Historic District. (f) Proiect. Any alteration, restoration, construction, reconstruction, removal, relocation, or demolition of a structure within the Third street Neighborhood Historic District. (g) 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 Ocean Park Boulevard. (h) Non-contributing structures and sites. All structures located within the Third street Neighborhood Historic District boundaries constructed after 1935 as The Third street Neighborhood 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 - planning and review of historic building rehabilitation, restoration, alteration and addition, prepared by the United states Department of Interior dated 1976, and as may be amended from time to time. SECTION 9632. Applicability. (a) certificate 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) Exterior alterations not visible from a street that do not result in increase or decrease in building square footage; (6) Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used; (7) General maintenance and repair if it results in no change in existing appearance; (8) Removal or addition of minor features, including sprinkler systems and mature trees; landscape excluding - 5 - (9) Removal of mature trees if severely damaged or diseased: (10) Emergency repairs necessary to preserve life, health, or property as determined by the Building Officer to be immediate and necessary: (11) Rear or side yard fences; (12) Roof top solar equipment or exterior telecommunication equipment: or (13) Mechanical systems including air conditioning or heating. (b) 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) Roofing work, other than general maintenance; (2) Foundation work, other than general maintenance: (J) Chimney work, other than general maintenance: (4) House painting resulting in a change in color: (5) Retaining walls; (6) New windows or doors; (7) Skylights: (8) Any addition square street; footage on side or subtraction in building rear not visible from a or - 6 - (9) Removal of mature trees identified in a landscape survey Landmarks Commission: (10) Removal, demolition, addition or alteration to front yard fences: or (11) Removal, demolition, addition, alteration, or repaving of front yard paving/concrete work or walkways, if material used changes existing appearance. (c) 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/ demol i tion , addition or alteration to the front of structures; (3) Removal/ demolition, addition or alteration to the side or rear of structures if visible if specifically adopted by the from a street: (4) Construction of new buildings wi thin the Third Street Historic District boundaries; (5) Relocation of buildings within or into the Third street Neighborhood Historic District: (6) Removal, demolition, addition or alteration to building roof lines: (7) Any other similar work not enumerated in 9632(a) or 9632(b), as determined by the Landmarks - 7 - Commission Secretary within 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(a). (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 Projects in the District if the Secretary or Commission finds that the Project is included within the list of work enumerated in section 9632(b); that the Project is not detrimental to the character of the structure; and that the Project does not detract from the integrity of the district. (c) criteria for Issuance of Application 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 - 8 - the list of work enumerated in section 9632 (c), and it makes a determination in accordance with anyone or more, as appropriate, of the following criteria. Such criteria shall be in lieu of those otherwise required by 9611(b): (1) That in the case of any proposed al teration, 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 wi thin 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; or (2) 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 adversely affect any exterior feature of the historic structure; or (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 - 9 - massing of the contributing structures within the District; or ( 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 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; or (5) Certificate of section 9611. 5. That the Economic applicant Hardship in has obtained a accordance with 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 Administrative Approval 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. 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, verification that notice of the pending application has been posted on the property, and other material and - 10 - documents required by the application. If, wi thin 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 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. (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. - 11 - (4) Determination. The Landmarks Commission Secretary shall issue or deny a Certificate of Exemption or a certificate of Administrative Approval for a Project in the District within 30 days of the application being deemed complete. For a Certificate of Administrative Approval, the applicant shall post this determination on the property for the duration of the appeal period. The Landmarks Commission Secretary shall send a copy of the determination to all members of the Landmarks Commission. (b) certificate of Appropriateness and certificate of Economic Hardship_ (1) Application Process. An application for a Certificate of Appropriateness, or certificate of 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 wi th representatives of any Third street Neighborhood Historic District neighborhood association as may exist. - 12 - (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) Postinq 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 ln the Application Form supplied by the city. This notice must be continuously posted while the application is pending. (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 public hearing for said notice shall occur not less than 20 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 - 13 - address of such owner is not a matter of publ ic 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 C('Imm "Lss ion shall issue its determination on a Certificate of Appropriateness or certificate of Economic Hardship for a Project in the District in accordance with section 9612(e) through 9612(g). (c) Appeals. Appeals shall be processed according to the following procedures: (1) certificate of Exemption. The approval, condi tions of approval, or denial of a Certificate of Exemption shall not be appealable, except that upon the request of the applicant the Landmarks commission 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, condi tions 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 public hearing before the Landmarks - 14 - 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. (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 Economic Hardship may be appealed to the City Council according to the procedures set forth in Section 9613. (d) Expiration of Approvals. Any Certificate issued for a proj ect in the District pursuant to this Chapter shall expire of its own limitation within a one hundred and eighty (180) day time period commencing on the effective date of the Certificate if the work authorized is not commenced by the end of such one hundred and eighty (180) day 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 Date 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 - 15 - 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. (g) Resubmittal of an Application. Notwithstanding section 9612(1), 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 - 16 - previous application. processed in the application. (h) Fees. The City Council may by Resolution establish fees for any application or appeal permitted by this Chapter. Members of the Landmarks commiss ion 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 shall be required for a Certificate of Exemption and a Certificate of Administrative Approval. The refiled application shall be same manner as the original 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: ( 1) The Landmarks Commiss ion'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, - 17 - 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 with Certificate of Economic Hardship in accordance Section 9611. 5. (b) Non-Contributing structures. The demol i tion of non-contributing structures located within the District shall be permitted only upon compliance 'With the procedures set forth in Section 9048~1~ (e) 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 - 18 - 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 architectural review district, and be exempt from Architectural Review Board approval. SECTION 9637. Design Guidelines. 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 proj ects wi thin 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. 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 District structure to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. Inspections may be conducted by the City upon request of - 19 - District residents and property owners in the District when potential health and safety violations exist. 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 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 FORM: ~~-: ~-.....-1'<-j'''' ~~.... ., .,- c~_ " ROBERT M. MYERS city Attorney - 20 -