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Council Mtg: October 23, 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 city Council direction at the October 16,
1990 Council meeting that the Third street Historic District
Standards ordinance be revised to address the following concerns:
the
establishment
of
a
citizen
participation
process,
authorization that the Landmarks commission adopt design
guidelines
for the district,
extending the approval of
Certificate of Appropriateness and Certificate of Economic
Hardship permits from 180 days to one year, limiting the review
of alterations to non-contributing buildings, requiring that all
exterior alterations to buildings in the district be reviewed
through the pUblic hearing process unless specifically designated
for an exemption or administrative approval, and establishing a
procedure to allow for Landmarks Commission comments on major
projects in the district to occur early in the planning process.
The revised ordinance is contained in Attachment A.
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REVISED ORDINANCE SECTIONS
SECTION 9632 has been revised as follows:
Automatic Exemption. It is now clearly stated that if the
proposed work does not require a building permit or either a
certificate of Administrative Approval or Certificate of
Appropriateness then no other City approvals are required.
Exterior Alterations. Exterior alterations that are not visible
from a street have been eliminated from the exemption and
administrative approval process. The exterior alteration,
addition, or demolition of or to any building in the district is
now subject to a certificate of Appropriateness unless the
specific type of work is identified under the exemption or
administrative categories.
Non-contributing Buildings. Non-contributing buildings shall
receive a certificate of Exemption for any roofing, foundation,
or chimney work.
SECTION 9634 has been revised as follows:
Notification of Determinations [ Hearings, and Appeals.
Determinations of Administrative Approvals shall be posted on the
property by the Landmarks Commission Secretary rather than by the
applicant. The determination shall also be posted on the Public
Electronic Network (PEN). Notices of all pUblic hearings and
appeals shall also be posted on PEN.
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if
not exercised
Appropriateness
within one year
Expiration of Approvals.
approvals will now expire
instead of within 180 days.
certificate of
SECTION 9637 has been revised as follows:
Design Guidelines. The Landmarks Commission shall adopt design
guidelines for the district within 180 days of the ordinance' s
adoption.
SECTION 9638 has been revised as follows:
Maintenance and Repair. To be consistent with other city
procedures, property owners who fail to comply with the ordinance
requirements shall be given written notice that compliance must
occur within 60 days of receipt of such notice.
SECTION 9639 has been added to the ordinance to address citizen
participation.
citizen Participation. The Landmarks commission shall be
responsible, within 90 days of the ordinance adoption, to
establish by resolution a committee to review Certificate of
Appropriateness applications, Certificate of Administrative
Approval determinations, and to receive notice of any pending
conceptual reviews in the district. The Commission shall
establish procedures for the committee and the committee shall
report to the Commission. With the exception of providing
application materials and determinations to the committee, no
City staff support shall be given to the committee.
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SECTION 9640 has been added to specifically provide for a
conceptual review process.
Conceptual Review. In order to allow the Landmarks commission to
comment on projects prior to Planning commission review and
approval, a prior conceptual review shall be required. The
Landmarks Commission's comments shall then be transmitted to the
Planning Commission for consideration during their deliberations
on the project.
Public Notification
As part of the adoption process of this ordinance all property
owners and tenants in the District and wi thin 300 feet of the
District boundaries were notified of the first Council hearing on
September 25th. The continuation of this ordinance has been
posted on all Council agendas.
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
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.
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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
Program and policy Development Division
Land Use and Transportation Management Department
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10/lS/90
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CA:RMM:mz334jhpadv
City Council Meeting 10-23-90
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, 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
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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 Communi ty
center; and
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WHEREAS, the city Council directed staff to prepare a
comprehensive ordinance for the Third street Historic District
which included procedures for the review and approval of
remodeling, demolition, and addition to structures within the
Third street Historic District,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6A is added to Article IX of the Santa
Monica Municipal Code to read as follows:
Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC
DISTRICT STANDARDS
SECTION 9631.
Definitions.
Words or phrases as
used in this Chapter shall have the meaning as defined
in Section 9602 except as otherwise defined as follows:
(a)
Certificate of Administrative Approval.
A
certificate
issued
by
the
Landmarks
conunission
Secretary, or Landmarks conunission on Appeal, for a
Project in the Third street Neighborhood Historic
District pursuant to Section 9633(b).
(b) certificate of Appropriateness. A certificate
issued
r'L__ ..a...1-._ T __...:JI-.__l__ ....._.............! _.....,:, __ ,...... _____.........___'"
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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).
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(d) Contributing
located within the Third
District boundaries that
earlier.
structures. All structures
street Neighborhood Historic
were constructed in 1935 or
(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 Streetj 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 wi thin the Third street Neighborhood
Historic District boundaries constructed after 1935 as
well as vacant parcels.
(i) Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitatinq
Historic Buildings. Those certain guidelines for the
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planning and review of historic building rehabilitation,
restoration, alteration and addition, prepared by the
united States Department of Interior dated 1976, and as
may he amended from time to time.
SECTION 9632. Applicability.
(a)
Automatic Exemption.
No city approval shall
be
required
for
work
to
a
contributing
or
non-contributinq building if no buildinq permit is
required and if the work does not require a certificate
of
Administrative
Approval
or
Certificate
of
Appropriateness under this section.
(;gJ
Certificate of Exemption.
A Certificate of
Exemption shall be required for the following work to
ContriJ::mting 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.
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(5) Repaving of existing front yard paving,
concrete work, and walkways, if the same material in
appearance as existing is used.
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(6) General maintenance and repair
results in no change in existing appearance.
el) Removal or addition of minor
features, including sprinkler systems and
mature trees.
if
it
landscape
excluding
(!!.) Removal
of mature trees
if
severely
damaged or diseased.
(~) Emergency repairs necessary to preserve
life, health, or property as determined by the Building
Officer to be immediate and necessary.
(10) Rear or side yard fences.
(11) Roof top solar equipment or exterior
telecommunication equipment.tePT
(12) Mechanical systems including air
conditioning or heating.
A certificate of Exemption shall be required for
the followinq work to Non-contributing buildings wi thin
the District if a Buildinq Permit is required:
(1) Roofing work, other than qeneral
maintenance.
(2)
Foundation work,
other than
qeneral
maintenance.
(3)
maintenance.
(c) Certificate of Administrative Approval. A
certificate of Administrative Approval shall be required
for the following work to Contributing and
Non-contributing buildings within the District:
Chimney
work,
other
than
qeneral
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maintenanoo.
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lftaintenanoc.~
( 1) House painting resulting in a change in
color.
(2) Retaining walls.
(1) New windows or doors.
(4) Skylights.
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en
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(5) Removal of mature trees if specifically
identified in a
landscape survey adopted by the
Landmarks Commission.
(6) Removal,
demolition,
addition
or
alteration to front yard fences. (or]
(7) Removal, demolition, addition, alteration,
or repaving of front yard paving, concrete work or
walkways, if material used changes existing appearance.
A Certificate of Administrative Approval shall be
required
for
the
following
work
to
Contributinq
Buildings within the District:
(1)
Roofinq
work,
other
than
general
maintenance.
(2)
Foundation work,
other
than
general
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maintenance.
(3)
chimney
work,
other
than
general
maintenance.
(3) 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
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(4) Construction of new buildings within the
Third street Historic District boundaries.
(5) Relocation of buildings within, out of, or
into the Third street Neighborhood Historic District.
(6) Removal,
demolition,
addition
or
alteration to building roof lines.
(7) Any other similar work not enumerated in
subdivision (a) I
(b), or (c) of this Section, as
determined by the Landmarks 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.
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SECTION 9633. Cri teria 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); that the
Project is not detrimental to the character of the
structure ~ and that the proj ect does not detract from
the integrity of the district.
(c) 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
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, which
shall be in lieu of those otherwise required by section
9611(b):
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(1) That in the case of any proposed
alteration, restoration, construction, removal, or
relocation, in whole or in part of or to a contributing
building or structure within the District, the proposed
work would not be incompatible with the exterior
features of other contributing improvements within the
District, not adversely affect the character of the
District, and not be inconsistent with any design
guidelines and standards that may be developed and
adopted by the Landmarks Commission specifically for the
District.
(2) That in 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.
(3) That in the case of any proposed work to
a non-contributing building or structure within the
District reasonable effort has been made to produce
compatibility with the District character as set forth
in section 9630, and with the scale, materials, and
massing of the contributing structures within the
District.
(4) That in the case of any proposed
construction of a new improvement on any parcel located
within the District boundaries, the exterior features of
such new improvement and its placement on the property
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would not adversely affect and not be disharmonious with
the District character as set forth in section 9630, and
with the scale, materials, and massing of the
contributing structures within the District.
(5) That the applicant has obtained a
Certificate of Economic Hardship in accordance with
Section 9611. 5.
SECTION 9634. Prooedures.
(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 proj ect 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,
photographs of the affected area of the property,
verification that notice of the pending application has
been posted on the property, and other material and
documents required by the application. If, within the
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
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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) postinq of property. Prior to filing an
application for a Certificate of Administrative Approval
for a Project in the District, the applicant shall post
notice of the pending application on the property in the
manner set forth by the Zoning Administrator in the
Application Form supplied by the City. This notice must
be continuously posted while the application is pending.
This requirement shall not apply to applications for a
Certificate of Exemption.
(4) Determination. The Landmarks Commission
Secretary shall issue or deny a Certificate of Exemption
or a Certificate of Administrative Approval for a
Proj ect in the District wi thin 30 days of the
application being deemed complete. For a Certificate
of Administrative Approval, the Landmark Commission
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Secretary shall post this determination on the property
and the applicant shall ensure that the determination
remains posted for the duration of the appeal period.
The Landmarks commission secretary shall also post this
determination on the city's Public Electronic Network~
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 with representatives of any Third
Street Neighborhood Historic District neighborhood
association as may exist.
(2) Timinq of Application. A Certificate of
Appropriateness or Certificate of Economic Hardship for
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a project in the District approved by the Landmarks
commission shall be required to be issued prior to
issuance of any demolition permit, Building Permit for,
or commencement of, the use or activity.
(3) posting of Property. Prior to filing an
application for a Certificate of Appropriateness, or
Certificate of Economic Hardship for a Project in the
District, the applicant shall post notice of the pending
application on the property in the manner set forth by
the Zoning Administrator in the Application Form
supplied by the City. This notice must be continuously
posted while the application is pending.
(4) Notification. within 10 days of deeming
an application for a Certificate of Appropriateness or
Certificate of Economic Hardship complete, notice of the
date, time, place, and purpose of the public hearing
shall be given by at least one pUblication in a daily
newspaper of general circulation shall be mailed to the
applicant, and to the residents and owners of all real
property within the Third street Neighborhood Historic
District, as well as to the residents and owners of all
real property within 300 feet of the exterior boundaries
of the property involved. The notice shall also be
posted on the city's Public Electronic Network. The
pUblic hearing for said notice shall occur not less than
10 days and no more than 35 days after notice is given.
The failure to send notice by mail to any such real
property owner where the address of such owner is not a
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matter of pUblic record shall not invalidate any
proceedings in connection with the proposed project.
The Commission may also give such other notice as it may
deem desirable and practical.
(5) Determination. The Landmarks Commission
shall issue its determination on a certificate of
Appropriateness or certificate of Economic Hardship for
a proj ect in the District in accordance wi th Section
9612(e) through 9612(g).
(e) 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 Administrative Approval
or Certificate of Appropriateness, as appropriate. The
applicant must comply with all rules and procedures,
including the payment of any applicable fees, governing
the applicable certificate.
(2) Certificate of Administrative Approval.
The approval, conditions of approval, or denial of a
Certificate of Administrative Approval for a Project in
the District may be appealed to the Landmarks Commission
by any aggrieved person. Appeals must be filed within
14 days of the date the determination is posted on the
property. A publ ic hear ing before the Landmarks
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commission shall be scheduled at the next available
regular meeting. Public notice of the appeal hearing
shall conform to the manner in which the original notice
of application was given. Notice of the appeal hearing
shall also be posted on the City's Public Electronic
Network.
(3) Certificate of Appropriateness and
Certificate of Economic Hardship. The approval,
conditions of approval, or denial of an application for
a Certificate of Appropriateness or certificate of
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
year time period commencing on the effective date of the
Certificate if the work authorized is not commenced by
the end of such one year time period. In addition, any
Certificate shall also expire and become null and void
if such work authorized is suspended or abandoned for a
one hundred and eighty (180) day time period after being
commenced.
(e) Effective 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.
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(f) Extension of Approvals. The Landmarks
Commission may, by resolution, for good cause, extend
the time period for exercising a Certificate of
Exemption, a Certificate of Administrative Approval,
Certificate of Appropriateness or Certificate of
Economic Hardship for a 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
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the applicant submits significant additional information
which was not and could not have been submitted with the
previous application. The refiled application shall be
processed in the same manner as the original
application.
(h) Fees. The City Council may by Resolution
establish fees for any application or appeal permitted
by this Chapter. Members of the Landmarks Commission
shall not be required to pay a fee when filing an appeal
of the determination for a Certificate of Administrative
Approval or certificate of Appropriateness. No fee
shall be required for a certificate of Exemption and a
certificate of Administrative Approval.
(i) other City Approvals. In connection with any
proiect that requires a Certificate of Exemption,
certificate of Administrative Approval, Certificate of
Appropriateness, or certificate of Economic Hardship
under this Chapter, any approval of such prolect by any
other City body, board, commission, or officer shall be
conditioned on obtaininq the necessary approval pursuant
to 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:
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(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,
including relocation within the District boundaries is
not feasible.
C. That the removal of the structure
from the District will not result in a loss of the
District's historic integrity.
(2) The Landmarks Commission's issuance of a
Certificate of Economic Hardship in accordance with
Section 9611. 5.
(b) Non-contributing structures. The demolition
of non-contributing structures located within the
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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
architectural review district, and be exempt from
Architectural Review Board approval.
SECTION 9637. Desiqn Guidelines.
(a) The Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings may be used by the Landmarks
Commission and Landmarks Commission Secretary to assist
in its evaluation of proposed Projects within the
District. The Secretary's Guidelines, however, shall
not be considered dispositive with respect to any
Project or determination on any Certificate required for
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work in the District.
(b) The Landmarks commission shall adopt desiqn
guidelines for the District within 180 days of the date
of adoption of this Chapter.
SECTION 9638.
Maintenance and Repair.
Every
property owner of a structure within the District shall
have the duty of keeping in good repair all exterior
features of the District structure, and all interior
features thereof which, if not so maintained, may cause
or tend to cause the exterior features of the Historic
District structure to deteriorate, decay, or become
damaged, or otherwise to fall into a state of disrepair.
r T___'II""lr.__.... ~ ___ --:''1'' .......... ,..."....,......,:al'1......+-~r=I h'T ..........Q {"'; T'T l1nnn
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r':>nll':>l::d-
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.........
T"'L": _....._..: _.&.-- ___.: ..::1__._
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....,...................... """"- __+- 'l~
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.b':_..L..--...!__..L.. ...L.__ __.__........:_, '\.,.__'1....'1...
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::.~d.
cafcty vi=~~~~~~=
exist.. ]
Any property owner who fails to comply wi th
this section shall be given written notice by the City
of the violation of this section and shall within 60
days of receipt of wri tten notice from the ci ty bring
the property into compliance with this Section.
SECTION
9639.
citizen
Participation.
The
Landmarks Commission, within 90 days of the date of
adoption of this Chapter, shall adopt a resolution
establishinq an ongoing process to ensure citizen
participation in the proceedings under this Chapter.
The resolution shall include:
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(a) A committee established by and reportinq to
the Landmarks Commission consisting of at least one
member of the Landmarks Commission and two members of
the public residinq within the District.
(b) Distribution to the Committee of all
applications for Certificates of Appropriateness filed
under this Chapter, all determinations and appeals
concerninq Certificates of Administrative Approval, and
any pendinq conceptual review proceeding pursuant to
Section 9640.
(c) Procedures by which the committee shall make
recommendations to the Landmarks Commission concerninq
applications filed under this Chapter.
SECTION 9640 . conceptual Review by Landmarks
commission. Any project that requires a certificate of
Appropriateness pursuant to this Chapter and also
requires discretionary review by the Planninq Commission
shall be reviewed in concept by the Landmarks Commission
before the review by the Planning commission. Following
such conceptual review, the Landmarks Commission shall
transmit the results of its deliberations to the
Planninq commission. The Planning Commission in its
deliberations shall consider the comments of the
Landmarks Commission.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and no further,
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,
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.
The ordinance shall be
effective 30 days from its adoption.
APPROVED AT TO FORM:
~~- ~----
ROBERT M. MYERS U
City Attorney
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