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. Some simIlarly
mshtuhonalrzed resIdenl/citizen review committee for major changes In the distnct IS
appropnate and desIrable.
)R~P~~:Y:~~~L
Bea Nenllaha
for the
Third Street Neighbors of Ocean Park
BHN L044 PER
(f)
u.(J)
OW
UJZ
~UJ
<~
u-
-0:
u'o-
f=o
a: 0:
Wo-
00-
<(
..J
<t
>
o
u..t:!:
OD..
wD..
1-<
<(UJ
u>
~~
1-0:
0:1-
wen
u-
z
::
c
<
z
o
i=
0..
==
UJ
X
UJ
u.
o
UJ
~
U
u:
i=
a:
LLJ
u
....
o
-=
llJ
'S<
llJ
o
OJ
c
U
(;l
't:
::>
Cf)
~
"'0
c
ltI
0)
C
U _
(':l Cf)
't:=
:} ro
(/)3
e
Cl
C
o
0)
c
(':l
-5
....
c:
r-
(5
.::s::,- Co)
... (.J
o c
3 (':l
G)C
C Cl
- -
o~
o w
erE
,...
1Il-
C
o
~
...
llJ
;1::=
ro
Q
Qi
c
<<{
o
c
a
t;: -
1:) Cf)
"0 aJ
r.l1]
- 0
~a.
o c
Eg
~.8
-- c
r:J a
E)ca
E ....
aJ,ig
erro
N
!:
C,l
c
<:)
en
c
(':i
-S
....
C,l
.!:
<5
::.E
a
?,: <:)
c u
Q @
~ c
-c:: :l.l
c c
6 ro
l.:... E
N
r-
...
OJ
C)
c
("J
.c
t)
o
c
S
C')
s:
:l
Cf)
e
C1
c
E
a
a..
C,l _
VI ....
..j 0
0-
I 8
N
(/)
.... ClJ
o :i
Co
o ::3
f< ....
"Ow
~o
cc
o 0
t:":=
"0 Q.l
E-5
a;
"Co2
-- C
~ Q
oe
E a;
<Dr:
D:ro
C")
e
C,l
c
aJ
Ol
c:
r::
r-
-
....
o
..c
(5
::.E
o CJ
3 ~
>-l'Ci
Q.l c
c: CJ
Ec
;= c=5
oE
C'?
(/)
C
llJ
Q)
....
U
III
3:
Q.l
Z
(')
en
e
:J
ti
2
....ii)
0_
c 0
o ....
_ ltI
U ~
"0
ro 0 C,l
c;!:: e
o~w
t;: Ul (],l
cm-c
E.!:-
ClJ ~ E
"0-2
-:c-
~Q~
oF.;.Q
E ~ ~
<:) - >
erCti,::::
..;:-
c
Q)
(J)
C
G:l
r-
U
r::l
S
OJ
;;
--..
cr.
~
OJ
c
E
rn
a..
Q)
(/) ..:
::J..Q
o 0
Iu
v
(ij
~
~o
- Ol c:J
EUlCl
oro,g
,::CllO
llJC3.2
:oc~
In c ~
;; ;; ....
-::Je-
a lI'l VI
COle>
U) .... c
Co-o
QC3
roo.o
Qius;:
.l::::_
rn ro Cll
.....c(,/]
o - co
;ECi)2
x ~ ~
wti$u
"'0
c
ltI
Q;I
"'0
iii
ClJ
.J::
-
!;
.lI::
o
3:
Cl
C5
ti
c
o
t) (,/]
-0
"D rn
u..>-
v
1.0
Gl
-5 [l
~ ~
..cu
t:: C
3: ::l
[I) 0
C).o
~ 1.3
1:) -=
St?
..00
?,: t)
Q) -=
c: 0
-in
ai:
25 a;
n e
2U5
iiiu
c ...
o -
O~
Lt)
E
2
-
m
15
fZi
>
'!:::
en
Cl.l
o
c
.S!
"E
(':J
;>.
C,l
u
tnQi
c~
.... (f;
r:J Q)
O).J::
0:_
L,'}
Cl
S 0
>.c
ltI_-Q"
a. 'l::: aJ
1J ~tI)
.... 0 ::J
<"J >. tJl
:>'('ll_
-3C'!
25 == c::
....<"J_
~3!a
Ol_ x
S C llJ
Vi ltI (f;
- ro
x .
Q.lI::-
.... ro
-o~
03,S:!
Cl ro
.- IV E
=0
> ..... IV
~~E
Cl a C'Cl
erU(J)
<0
~
:ti
3
c:;)
~
c
a
z
II
<0
C)
..c
a
S g
a
otfj
~I
.!:1J
~ g
lIl.r::
SPa
=.0
1J r
:J~
.D 11.1
_Z
0_
c:: ~
o .....
~U50
g"E.5
C3E!Q
a:I-O
to
(f;
o
o
1J
o
(/J
?,:
o
"'0
c
~
3
0)
Z
,....
.....
rorn
c..c
0)';::
... tI)
1J x
C llJ
ro s:
~ co
cO)
ro c
e ro
C).c
E U
a g Cl
E s: g
eV)~
C)~Q)
a3~a.
~eg-
,....
1:::
'l::
....
o
c V)
o C>
u
"6ai
u_
C'Clu
ern
0>-
'=E
o 0
E..'::
~s
....:c
~ Q
oE
E ....
Q) C,l
c:~
,....
III
1:
g>
.?'
(/)
co
Q}
m
....
u
c
..... 0
a U
c rn
Q C
"!::: :;
U C'Cl
'Wo..
c:l-o
ern
Q >-
't::: C ..
00'"
E ..':: fa'
.g2~
....:cro
~ Q ~
0(=5 -
E.......:.::
Q)~o
lI?w::
co
...
o
;::
<:)
)(
We
.... Q.l
o E
Ea..
o ::J
Ec-
c.m
3 c
C1"0
(ll~
... ro
cc ~
03
(/) ;:
g-E
.... 0
..... u
o <:,)
OiS
a:
(;l
en
c:
1J
::J
gO)
!;;
E2
O-c
~ ....
>-0
en Cl
(ij c
~ c
C 0
C'C.;::
-5"6
11.1 c
~8
Cl
o
C)
C.
ro
U
<n
U
c
~
...
o
c
E
o
c
Q
"6
u
ro
o 0
('J V)
> Q)
o ::;
E....
o ro
er2
co
.....
o
(,/]
C Q.l
o c
"6-
u 0
(;l e
c~
c _
.0="0
'0"=
EB
.gs
....: C
~ Q
oE
E ...
Q.l~
lICti
O'J
Cl
c
320
5 c:
.0....
!;; -.:
~
c:
Q 0
ti c)
~-gC5
15 (/J <:)
::3 c: ...
Qlot'i
'- co :::>
o 0-=
C [lJ-
QCiE
o 0
"t::-.::
-g ::: 0
ro;:;
>'::J-=
CC1"~
< ell >
.,....
.,....
'=
tJl
C>
:s
E
(1)"0
-en
Q) tI)
a.ro
(;l CO
U III
Q') -
-0'0
C .....
ro 0
-;:-0
o co
-0)
ro ~
E s::
-ill
0'0
~>-
>-
o e
E CD
Q) ~
!reo
ci
>- ~....
u.c co-a
2-:::lC'Cl~0l Il1
wQ)__c C'J
::;S?~-Q)(C
~ -O)S..oOl
E E uCIJ c:-.o = em
::J ..... ro
cSG?o-= -
~, (!) c: ~ E {ii 0
- III 0 (/J
_1JO....OClC
o III til U ... 0
c rc (/J ~ ro ::J -
.::.t:. --E-o~ti ~
....- mO:::l>
o..oE- ....0
3:N'oSl25tiia.
;e80......;::rno
-E-m~~"6~=
_ ..... .... .... 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 -