SR-406-001 (15)
PCD:SF:JT:AS:KC:LBE:
F:\PLAN\SHARE\COUNCIL\STRPT\2003\LandmarksOrdRevision.doc
Council Mtg: January 28, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction And First Reading Of An Ordinance Amending The City’s
Landmarks And Historic Districts Ordinance With Language Clarification,
Procedural Changes For The Designation and Review Of Structures Of
Merit, Landmarks And Historic Districts And Additional Preservation
Incentives; (Discussion of Reducing or Eliminating Application Fees.)
INTRODUCTION
On December 17, 2002, the City Council directed preparation of an ordinance amending
the City’s Landmarks and Historic District Ordinance based on the recommendations
presented in the Landmarks Commission’s letter dated December 2, 2002. The
proposed ordinance is contained as Attachment A.
BACKGROUND
The proposed ordinance amends SMMC Chapter 9.36 (Landmarks and Historic
Districts) with procedural changes, language clarification and additional incentives for
Landmark property owners as detailed below. While a comprehensive update of the
City’s Landmarks and Historic Districts Ordinance is included as part of the
department’s work program, the scheduling of the update is likely to fall behind a
number of other higher priority projects. The proposed ordinance addresses several
key issues in advance of this planned update.
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ANALYSIS
Landmarks Commission Recommendations
The Landmarks Commission’s proposed changes can be classified into three
categories: language clarification, procedural changes, and incentives for Landmark
property owners. Attachment B contains the Landmarks Commission’s letter
recommending certain changes to the Landmarks Ordinance (SMMC Chapter 9.36),
which was presented to the City Council on December 10, 2002. The Council has
requested that staff prepare an ordinance to implement the changes that would not
have any possible environmental impacts and would, therefore, be categorically exempt
from the provisions of the California Environmental Quality Act (CEQA). Other changes
suggested by the Landmarks Commission require further analysis and environmental
review and have, therefore, been excluded from the proposed ordinance. In addition,
staff proposes revisions to certain Landmarks Ordinance procedural requirements
regarding the Structure of Merit and Landmark designation processes.
The following analysis summarizes the proposed ordinance recommendations:
Language Clarification
1. Three changes to SMMC Section 9.36.060 (Powers) are proposed as follows:
a. Sub-section (a) is amended to clarify that the Landmarks Commission’s
purview is confined to the exterior features only (as defined in SMMC
Section 9.36.030) of a Structure of Merit, a Landmark or Landmark Parcel
or building or structure within a Historic District. It also refers to SMMC
Section 9.36.110 as providing an exception, which allows the Commission
to include significant interiors of a public space in a Landmark designation.
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b. Sub section (g) is amended to clarify that the Commission may act as the
Lead Agency to certify environmental documents under CEQA in
connection with applications.
c. Sub-section (h) is added to clarify that the Commission has the power to
comment on proposals and environmental reviews pending before other
public agencies that affect physical development, historic preservation and
urban design in the City.
2. SMMC Section 9.36.030 is amended to define the Secretary of the Interior’s
Standards and SMMC Section 9.36.140(g) is added to clarify that the Secretary of
the Interior’s Standards for the Treatment of Historic Properties (U.S. Dept. of the
Interior) will be used by the Commission in reviewing proposed alterations,
restoration or construction on designated properties.
3. SMMC Section 9.36.150 (Certificates of Appropriateness for Structures of Merit)
currently does not include findings for determination that form the basis of a decision
on such applications. In sub-section (b), a cross-reference to the findings for
Landmarks, Landmark Parcels and buildings within Historic Districts found in SMMC
Section 9.36.140 has been added to address this inconsistency.
Procedural Changes
1. A new sub-section (l) is proposed in SMMC Section 9.36.090 (Structure of Merit
Designation Procedure) that applies specifically to any property designated as
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Structures of Merit because it is found to contribute to a potential Historic District. It
provides that a Structure of Merit designation made under this finding remains in full
force and effect only if an application for a historic district including the property is
filed within 90 days of the designation. Although the Commission’s letter to Council
suggested that the new language include the possibility for a 90-day extension if the
Commission believes that additional time is necessary in order to file the nomination,
staff believes that 90 days is sufficient and staff’s recommendation does not include
an extension. If a historic district that includes the Structure of Merit is nominated
prior to expiration of the Structure of Merit status and subsequently designated, the
temporary designation of the Structure of Merit would be replaced by designation as
a contributor to a historic district. If an application is not filed, or is filed and
subsequently disapproved, the Structure of Merit designation is automatically
nullified without any action required by the Commission.
2. SMMC Section 9.36.120 would be amended to require only one public hearing for
Landmark designation once an application for designation has been filed, eliminating
the requirement to conduct a preliminary hearing to determine whether an
application merits formal consideration. The language would be amended to allow
the Commission a period of up to 65 days from the date the application for
designation has been filed to make a determination of approval or denial regarding
the designation application, in order to allow sufficient time for any necessary
research regarding the building or structure proposed for designation. One further
proposed change is made to reflect that no alterations may be made to a property
from the time of application filing until a final determination is made. The current
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language protects the property only after the preliminary hearing prior to the formal
consideration hearing, which is proposed to be eliminated now.
3. A number of changes are proposed to SMMC Section 9.36.130 (Historic District
designation procedure) as follows:
a. A new sub-section (b) has been added requiring that City staff hold a
public meeting to discuss potential district designation with all property
owners involved in the potential historic district within 60 days of receipt of
a historic district nomination. The language also allows the Landmarks
Commission to call such a meeting prior to its own filing of an application
to nominate a historic district. A letter would be mailed to all property
owners and a notice would be provided in a newspaper that would provide
notice of the public meeting. The letter to property owners would also
include an explanation of the process by which a majority of property
owners could petition to nullify the nomination (see below).
b. Similar to the Landmark designation process, the preliminary hearing that
currently precedes the designation hearing has been eliminated (SMMC
Section 9.36.130 (f)), and the hold on issuance of permits for alterations or
construction on the subject sites would begin when the application is filed
(SMMC Section 9.36.130(c)). The designation hearing must be held
within 180 days, which allows adequate time for staff to prepare an
analysis of the district proposal (SMMC Section 9.36.130 (f)).
c. Proposed Sub-section (h) introduces a new procedure by which a historic
district application may be nullified if the owners of 50% plus one or more
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of the properties to be located within the proposed district file a petition
opposing its designation. The owners would be required to file the petition
prior to the Commission hearing. The proposed properties within the
district would be defined in the application.
4. Currently, Certificates of Appropriateness are valid for 180 days from date of
approval and require City Council approval with Landmarks Commission
recommendation to allow a six-month extension. In the proposed ordinance
revision, SMMC Section 9.36.170 is amended to increase the term in which an
approved Certificate of Appropriateness is valid to one year. This change is
consistent with the terms of other land use permits in the Zoning Code. In
addition, SMMC Section 9.36.250 is amended to allow the Landmarks
Commission Secretary to approve one extension for up to 180 days, also
consistent with the Code’s procedures regarding other land use permit approvals.
5. A new Section 9.36.170(l) is proposed, authorizing the Landmarks Commission
to pass a resolution defining circumstances in which the Landmarks Commission
Secretary may approve Certificates of Appropriateness for alterations that the
Commission deems to have little or no impact on the designated resource. This
is similar to a provision in the Architectural Review Board regulations that has
allowed the Board to define the situations in which staff may approve design
review without need for a Board hearing. The proposed amendment requires
that the Commission Secretary make the same findings that the Commission
makes in approving a Certificate of Appropriateness.
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Incentives for Property Owners
The following incentives are expanded or added to SMMC Section 9.36.270
(Preservation Incentives):
1. An amendment to Sub-section (c) is proposed to clarify that no fee will be
established for certificates of administrative approval (staff-level approvals that
may be granted for small exterior changes). Although the City has not adopted a
fee for these applications, the waiver is not currently authorized by the Code.
2. Sub-section (h) is proposed, stating that designated Landmark and contributing
structures in a Historic District will be given priority in the Building Division plan
check process.
Commission Recommendations Not Included
Some of the Commission’s recommendations could not be included in this ordinance for
various reasons. Some of the proposed incentives require additional CEQA review and
staff analysis in order to ensure that all the environmental effects are properly analyzed.
The timing of this ordinance amendment does not allow for this process to be
completed. Consequently, staff considered the environmental review implications of all
the proposed incentives and has recommended only those provisions that are exempt
from CEQA, insofar as they will not create significant adverse effects on the
environment. In addition, the Commission’s recommendation to streamline the process
by having the Commission review variances and use permits in place of the Zoning
Administrator requires a change to the Zoning Ordinance, as well as the Landmarks
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Ordinance, and cannot be included without review by the City’s Planning Commission.
In addition, staff has not included the Commission’s proposed additional fee waiver from
discretionary Planning permit requirements (such as variances, conditional use permits,
design compatibility permits, development review permits deed restrictions and
occupancy permits). Discretionary permit applications are not necessary to preserve an
existing historic property as called for in the Historic Preservation Element. They also
involve a large amount of staff time and cost to the City if subsidized. Therefore, staff
does not believe that this incentive benefits the historic preservation process.
CEQA STATUS
In accordance with Article 5, Section 15061(b)(3) of the State of California CEQA
Statutes and Guidelines, the proposed revisions to the Landmarks Ordinance are
exempt from review under the California Environmental Quality Act (CEQA) because it
can be seen with certainty that adoption of these provisions in the City’s Landmarks
Ordinance could not possibly have any environmental impacts. Staff notes that the
proposal to allow a majority of property owners to nullify a historic district application
may be interpreted as reducing the protection of a historic property, which CEQA
defines as potentially constituting an environmental impact. However, staff believes that
this potential is fully offset by other processes in the Municipal Code that allow individual
designation of Landmark structures that meet the designation criteria. Furthermore,
properties that are eligible for Landmark designation are protected by CEQA’s own
requirements for reviewing any alterations to a property on the City’s Historic Resources
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Inventory based on the Secretary of Interior’s Standards when such alterations require a
discretionary permit. Therefore, in Staff’s view it is possible that this one proposal might
draw a CEQA challenge. However, given the City’s commitment to preservation the risk
is warranted.
PUBLIC NOTIFICATION
A display advertisement was published in Los Angeles Times “California Section” at
least ten consecutive calendar days prior to the hearing. In addition, notices were
mailed to all neighborhood organizations and to persons who have expressed interest in
City policy issues regarding the Landmarks and Historic Districts Ordinance. A copy of
the notice is contained in Attachment C.
BUDGET/FINANCIAL IMPACT
The budget or fiscal impact of the proposed ordinance is limited to the minimal loss of
potential revenue from any Certificates of Administrative Approval required for
construction or alterations to properties designated as City Landmarks, Structures of
Merit or Contributing Structures located in a Historic District. Currently, the Landmarks
Ordinance requires Certificates of Administrative Approval only for contributing buildings
and noncontributing buildings in the Third Street Neighborhood Historic District. There
are approximately 77 buildings on 47 parcels located within the Third Street
Neighborhood Historic District. There are 22,938 parcels citywide so these 47 parcels
represent a fraction of the total number of parcels. Therefore, the potential revenue loss
would be minimal.
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RECOMMENDATION
It is recommended that the Council conduct a public hearing and introduce for first
reading the attached ordinance amending various sections of SMMC Chapter 9.36.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Kimberly Christensen, AICP, Senior Planner
Elizabeth Bar-El, AICP, Associate Planner
City Planning Division
Planning and Community Development Department
Attachment:
A. Proposed Ordinance
B. Landmarks Commission Letter dated December 2, 2002
C. Public Notice
D. Letter from Landmarks Commission dated January 16, 2003 Regarding
Designation Application Fees
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F:\PLAN\SHARE\COUNCIL\STRPT\2003\Landmarks Ord Revision.doc
July 5, 2007
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ATTACHMENT A
Proposed Ordinance
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f:\atty\muni\laws\barry\landmarksordrevision-1.wpd
City Council Meeting 1-28-03 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE CITY’S LANDMARKS AND HISTORIC DISTRICTS ORDINANCE
TO CLARIFY THE LANDMARK COMMISSION’S JURISDICTION AND THE
STANDARD FOR REVIEWING CERTIFICATES OF APPROPRIATENESS, TO MAKE
PROCEDURAL CHANGES TO THE PROCESS FOR REVIEWING LANDMARK
AND HISTORIC DISTRICT APPLICATIONS, TO MODIFY THE PROCESS FOR
DESIGNATING A STRUCTURE OF MERIT, AND TO PROVIDE ADDITIONAL
INCENTIVES FOR DESIGNATED HISTORIC PROPERTIES
WHEREAS, the City of Santa Monica has a rich history and significant aspects of
that history need to be recognized and preserved; and
WHEREAS, preservation of historic resources is important to promote the public
health and safety and the economic and general welfare of the people of Santa Monica;
and
WHEREAS, well-preserved and retained historic resources are essential to
maintain and revitalize the City and its neighborhoods; and
WHEREAS, the preservation and continued use of historic resources are
effective tools to sustain and revitalize neighborhoods and business districts within the
City; and
WHEREAS, the City’s historic structures, sites and other resources are
irreplaceable and need to be protected from deterioration, inappropriate alterations,
demolition and damage; and
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WHEREAS, preservation of Santa Monica’s historic resources enhances the
City’s economic, cultural and aesthetic standing, its identity, and its urban character;
and
WHEREAS, on November 19, 2002 and on December 2, 2002, the Landmarks
Commission held special meetings to discuss and propose amendments to the
Landmark Ordinance which would clarify the Landmark process and the Landmarks
Commission jurisdiction, expand property owners’ participation in the designation
process, provide additional incentives to benefit Landmark property owners, and further
the goals of the recently adopted Historic Preservation Element; and
WHEREAS, the Commission’s recommendations were presented to the City
Council at its December 10, 2002 Council meeting; and
WHEREAS, on December 17, 2002, the City Council directed preparation of an
ordinance amending the City’s Landmark and Historic District Ordinance based on the
recommendations presented in the Landmarks Commission’s recommendations,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.36.030 is hereby amended
to read as follows:
Section 9.36.030 Definitions.
As used in this Chapter, the following words and phrases shall have
the meaning set forth herein, unless it is apparent from the context that a
different meaning is intended:
Certificate of Appropriateness:
A certificate issued by the
Landmarks Commission approving such plans, specifications, statements
of work, and any other information which is reasonably required by the
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Landmarks Commission to make a decision on any proposed alteration,
restoration, construction, removal, relocation or demolition, in whole or in
part, of or to a Structure of Merit, Landmark or Landmark Parcel, or to a
building or structure within a Historic District.
Contributing Building or Structure:
A building or structure which
has been identified by the Landmarks Commission as one which
contributes to the designation of an area as a Historic District.
Exterior Features:
The architectural style, design, general
arrangement, components and natural features or all of the outer surfaces
of an improvement, including, but not limited to, the kind, color and texture
of the building material, the type and style of all windows, doors, lights,
signs, walls, fences and other fixtures appurtenant to such improvement,
and the natural form and appearance of, but not by way of limitation, any
grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway,
plaza, fountain, sculpture or other form of natural or artificial landscaping.
Historic District:
Any geographic area or noncontiguous grouping
of thematically related properties which the City Council has designated as
and determined to be appropriate for historical preservation pursuant to
the provisions of this Chapter.
Improvement:
Any building, structure, place, site, work of art,
landscape feature, plantlife, life-form, scenic condition or other object
constituting a physical betterment of real property, or any part of such
betterment.
Landmark:
Any improvement which has been designated as and
determined to be appropriate for historical preservation by the Landmarks
Commission, or by the City Council on appeal, pursuant to the provisions of this
Chapter.
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Landmark Parcel:
Any portion of real property, the location and
boundaries as defined and described by the Landmarks Commission,
upon which a Landmark is situated, which is determined by the
Landmarks Commission as requiring control and regulation to preserve,
maintain, protect or safeguard the Landmark.
Secretary of Interior Standards:
The Secretary of the Interior
Standards for Treatment of Historic Properties published by the U.S.
Department of the Interior found at 36 C.F.R. 68.3 as it may be amended
from time to time.
Structure Of Merit:
Any improvement which has been designated
as and determined to be appropriate for official recognition by the
Landmarks Commission pursuant to the provisions of this Chapter.
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SECTION 2. Santa Monica Municipal Code Section 9.36.060 is hereby amended
to read as follows:
Section 9.36.060 Powers.
In addition to any other powers set forth in this Chapter, the
Landmarks Commission shall have the power to:
(a) Designate Structures of Merit, Landmarks and Landmark
Parcels, and to make any preliminary or supplemental designations,
determinations or decisions, as additions thereto, in order to effectuate the
purposes of this Chapter. Except as provided in Section 9.36.110, the
designation of any improvement as a Structure of Merit, Landmark, or
Contributing Building or Structure shall only include the exterior features of
the improvement and shall not include any portion of its interior space.
(b) Conduct studies and evaluations of applications requesting the
designation of a Historic District, make determinations and
recommendations as such appropriateness for consideration of such
applications, and make any preliminary or supplemental designations,
determinations or decisions, as additions thereto, in order to effectuate the
purposes of this Chapter.
(c) Regulate and control the alteration, restoration, construction,
removal, relocation or demolition, in whole or in part, of or to a Structure of
Merit, a Landmark or Landmark Parcel, or of or to a building or structure
within a Historic District, and make any preliminary or supplemental
designations, determinations, decisions, as additions thereto, in order to
effectuate the purposes of this Chapter.
(d) Adopt, promulgate, amend, and rescind, from time to time, such
rules and regulations as it may deem necessary to effectuate the
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purposes of this Chapter.
(e) Maintain a current listing and description of designated
Structures of Merit, Landmarks and Historic Districts.
(f) Provide for a suitable sign, plaque or other marker, at public or
private expense, on or near a Landmark or Historic District, indicating that
the Landmark or Historic District has been so designated. The sign,
plaque or other marker shall contain information and data deemed
appropriate by the Commission, and the placement of such shall be
mandatory in the case of a Landmark held open to the public use, and
shall be at the discretion of the owner of the Landmark in the case of a
Landmark not held open to the public use.
(g) Certify and/or ratify applicable environmental documents, or
when acting in an advisory capacity only, recommend certification or
ratification of environmental documents, in accordance with the California
Environmental Quality Act or the National Environmental Policy Act.
(h) (g) Participate in the environmental review procedures called for
under this Chapter or under the California Environmental Quality Act by
providing such comments as the Commission deems appropriate.
Evaluate and comment upon proposals and environmental reviews
pending before other public agencies affecting the physical development,
historic preservation and urban design in the City.
SECTION 3. Santa Monica Municipal Code Section 9.36.090 is hereby amended
to read as follows:
Section 9.36.090 Structure of Merit designation procedure.
Structures of Merit shall be designated by the Landmarks
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Commission in accordance with the following procedure:
(a) Any person may request the designation of an improvement as
a Structure of Merit by properly filing with the Director of Planning an
application for such designation on a form furnished by the Planning
Department. Additionally, the Commission may file an application for the
designation of a Structure of Merit on its own motion. Within thirty days of
filing a Structure of Merit designation application, the property owner and
tenants of the subject property shall be notified of the application filing.
(b) Upon proper filing of determination that an application for
designation of an improvement as a structure of merit is complete ,
removal or demolition, in whole or in part, of or to a proposed Structure of
Merit is prohibited, and no permit issued by any City Department, Board or
Commission including, but not limited to, a conditional use permit, a
tentative tract map, or tentative parcel map permit, a development review
permit, any Zoning Administrator permit, architectural review, rent control
permit, or building permit, authorizing any such removal or demolition shall
be granted while any action on the application is pending.
(c) The Director of Planning shall conduct an evaluation of the
proposed designation and shall make a recommendation to the
Commission as to whether the structure merits such designation. A public
hearing to determine whether the structure merits such designation shall
be scheduled before the Landmarks Commission within ninety days of the
determination that the filing of an application is complete.
(d) Not more than twenty days and not less than ten days prior to
the date scheduled for a public hearing, notice of the date, time, place,
and purpose thereof shall be given by at least one publication in a daily
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newspaper of general circulation, and shall be mailed to the applicant,
owner of the improvement, and to all owners and occupants of all real
property within three hundred feet of the exterior boundaries of the lot or
lots on which a proposed Structure of Merit is situated, using for this
purpose the names and addresses of such owners as are shown on the
records of the City Clerk. The failure to send notice by mail to any such
real property owner where the address of such owner is not a matter of
public record shall not invalidate any proceedings in connection with the
proposed designation. The Commission may also give such other notice
as it may deem desirable and practicable.
(e) No later than ninety days from the filing of an application, the
Commission shall approve, in whole or in part, or disapprove the
application for the designation of a Structure of Merit. If the Commission
fails to take action on the application for the designation of a Structure of
Merit at the conclusion of the public hearing, the application for such
designation shall be deemed disapproved, and it shall be the duty of the
Director of Planning to certify such disapproval.
(f) The decision of the Commission shall be in writing and shall
state the findings of fact and reasons relied upon to reach the decision,
and such decision shall be filed with the Director of Planning.
(g) Upon the rendering of a decision to designate a Structure of
Merit, the owner of the designated Structure of Merit shall be given written
notification of such designation by the Commission, using for this purpose
the name and address of such owner as is shown in the records of the
City Clerk.
(h) Subject to other provisions of this Section 9.36.090 and Section
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9.36.180 of this Chapter, a decision of the Commission to designate a
Structure of Merit shall be in full force and effect from and after the date of
the rendering of such decision by the Commission.
(i) The Commission shall have the power, after a public hearing, to
amend, modify, or rescind any decision to designate a Structure of Merit
and to make any preliminary or supplemental designations, determinations
or decisions, as additions thereto.
(j) The Commission shall determine the instances in which cases
scheduled for public hearing may be continued or take under advisement.
In such instances, no new notice need be given of the further hearing
date, provided such date is announced at the scheduled public hearing.
(k) Whenever an application for the designation of a Structure of
Merit has been disapproved or deemed disapproved by the Commission,
no application which contains the same or substantially the same
information as the one which has been disapproved shall be resubmitted
to or reconsidered by the Commission or City Council within a period of
five years from the effective date of the final action upon such prior
application. However, if significant new information is available, the City
Council, upon recommendation from the Landmarks Commission, may
waive the time limit by resolution and permit a new application to be filed.
In addition, an application by the owner of the improvement proposed for
Structure of Merit designation may be resubmitted or reconsidered
notwithstanding said five year time period.
(l) If an improvement is designated as a Structure of Merit because
the improvement contributes to a potential Historic District, this
designation shall remain in full force and effect only if within ninety (90)
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days from the date of designation, either by the Landmarks Commission
or by the City Council on appeal, an application for designation of an
Historic District has been filed pursuant to Section 9.36.130 which would
include the Structure of Merit within its area. If an Historic District
application is timely filed, the Structure of Merit designation shall remain in
full force and effect during the Historic District designation process. If an
application for designation of an Historic District is not timely filed or an
Historic District is not designated in accordance with Section 9.36.130,
then the Structure of Merit designation shall be automatically nullified
without any action required by the Commission.
SECTION 4. Santa Monica Municipal Code Section 9.36.120 is hereby amended
to read as follows:
Section 9.36.120 Landmark designation procedure.
Landmarks shall be designated by the Landmarks Commission in
accordance with the following procedure:
(a) Any person of the City may request the designation of an
improvement as a Landmark by properly filing with the Director of
Planning an application for such designation on a form furnished by the
Planning Department. Additionally, the Commission may file an application
for the designation of a Landmark on its own motion. Within thirty days of
filing a landmark designation application, the property owner and tenants
of the subject property shall be notified of the filing of such application.
(b)(c) Upon a determination by the Commission that the application merits
formal consideration by the Commission and the scheduling of a public hearing
thereto, determination by City staff that an application for designation of an
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improvement as a Landmark is complete, any alteration, restoration,
construction, removal, relocation or demolition, in whole or in part, of or to a
proposed Landmark or Landmark Parcel is prohibited, and no permit issued by
any City Department, board or commission, including, but not limited to, a
conditional use permit, a tentative tract map or tentative parcel map permit, a
development review permit, any Zoning Administrator permit, Architectural
Review Board approval, certificate of appropriateness permit, rent control permit,
or building permit, authorizing any such alteration, restoration, construction,
removal, relocation or demolition shall be granted while a public hearing or any
appeal related thereto is pending.
(c)(b) The Director of Planning shall conduct an evaluation of the
proposed designation and shall make a recommendation to the
Commission as to whether the improvement merits designation.
application is appropriate for formal consideration. A hearing to determine
whether the structure merits formal consideration shall be scheduled
within sixty days of filing of an application. If the Commission determines
that the application merits consideration, but only if it so determines, it
shall schedule a public hearing within forty-five days of such
determination. Any determination of the Commission to schedule or not to
schedule a public hearing shall be in writing and shall be filed with the
Director of Planning. A public hearing to determine whether the
improvement merits designation shall be scheduled before the
Landmarks Commission within sixty five days of the determination that the
application is complete.
(d) Not more than twenty days and not less than ten days prior to
the date scheduled for a public hearing, notice of the date, time, place and
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purpose thereof shall be given by at least one publication in a daily
newspaper of general circulation, and shall be mailed to the applicant,
owner of the improvement, and to all owners and residents of all real
property within three hundred feet of the exterior boundaries of the lot or
lots on which a proposed Landmark is situated, using for this purpose the
names and addresses of such owners as are shown on the records of the
City Clerk. The failure to send notice by mail to any such real property
owner where the address of such owner is not a matter of public record
shall not invalidate any proceedings in connection with the proposed
designation. The Commission may also give such other notice as it may
deem desirable and practicable.
(e) At the conclusion of a public hearing, or any continuation
thereof, but in no case more than forty-five days from the date set for the
initial public hearing, the Commission shall approve, in whole or in part, or
disapprove the application for the designation of a Landmark, and define
and describe an appropriate Landmark Parcel. If the Commission fails to
take action on the application for the designation of a Landmark within the
forty-five day time period, the application for such designation shall be
deemed disapproved, and it shall be the duty of the Director of Planning to
certify such disapproval.
(f) The decision of the Commission shall be in writing and shall
state the findings of fact and reasons relied upon to reach the decision,
and such decision shall be filed with the Director of Planning.
(g) The Commission shall have the power, after a public hearing,
whether at the time it renders such decision to designate a Landmark or at
any time thereafter, to specify the nature of any alteration, restoration,
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construction, removal, relocation or demolition of or to a Landmark or
Landmark Parcel which may be performed without the prior issuance of a
certificate of appropriateness pursuant to this Chapter. The Commission
shall also have the power, after a public hearing, to amend, modify or
rescind any specification made pursuant to the provisions of this
subsection.
(h) Upon the rendering of such decision to designate a Landmark,
the owner of the designated Landmark shall be given written notification of
such designation by the Commission, using for this purpose the name and
address of such owner as is shown in the records of the City Clerk.
(i) Subject to other provisions of this Section 9.36.120 and Section
9.36.180 of this Chapter, a decision of the Commission to designate a
Landmark shall be in full force and effect from and after the date of the
rendering of such decision by the Commission.
(j) The Commission shall have the power, after a public hearing, to
amend, modify or rescind any decision to designate a Landmark or
Landmark Parcel and to make any preliminary or supplemental
designations, determinations or decisions, as additions thereto.
(k) The Commission shall determine the instances in which cases
scheduled for public hearing may be continued or taken under
advisement. In such instances, no new notice need be given of the further
hearing date, provided such date is announced at the scheduled public
hearing.
(l) Whenever an application for the designation of a Landmark has
been disapproved or deemed disapproved by the Commission, or by the
City Council on appeal, no application which contains the same or
24
substantially the same information as the one which has been
disapproved shall be resubmitted to or reconsidered by the Commission or
City Council within a period of five years from the effective date of the final
action upon such prior application. However, if significant new information
is available, the City Council, upon recommendation from the Landmarks
Commission, may waive the time limit by resolution and permit a new
application to be filed. In addition, an application of the owner of the
subject improvement proposed for Landmark designation may be
resubmitted or reconsidered notwithstanding said five year time period.
SECTION 5. Santa Monica Municipal Code Section 9.36.130 is hereby amended
to read as follows:
Section 9.36.130 Historic District designation procedure.
Historic Districts shall be designated by the City Council in
accordance with the following procedure:
(a) Any person may request the designation of an area as a Historic
District by properly filing with the Director of Planning an application for
such designation on a form furnished by the Planning Department.
Additionally, the Landmarks Commission may file an application for the
designation of a Historic District on its own motion.
(b) No later than sixty days after the application for the designation
of a Historic District is determined to be complete, City staff shall conduct
a public meeting to discuss the potential district designation, including but
not limited to, the designation process, the effect of designation on future
property development, and the benefits of designation. The Landmarks
Commission may request that City staff conduct this public meeting prior
25
to the Landmark Commission’s determination to file an application on its
own motion. No more than twenty days and not less than ten days prior to
the date scheduled for the public meeting, notice of the date, time, place,
and purpose thereof shall be given by at least one publication in a daily
newspaper of general circulation, and shall be mailed to the applicant, and
to all owners and occupants of all real property within the potential Historic
District. As part of this mailing, City staff shall also inform property owners
within the potential Historic District of their right to file a petition pursuant
to subsection (h) of this Section to nullify a designation application.
(c) (e) Upon determination by City staff that an application for
designation of an Historic District is complete, a determination by the
Commission that the application merits formal consideration by the
Commission and the scheduling of a public hearing thereto, any alteration,
restoration, construction, removal, relocation or demolition, in whole or in
part, of or to a building or structure within a proposed Historic District is
prohibited, and no permit issued by any City Department, board or
commission including a conditional use permit, a tentative tract map or
parcel map permit, a final tract map or parcel map permit, a development
review permit, any Zoning Administrator permit, architectural review
permit, rent control permit, or building permit authorizing any such
alteration, restoration, construction, removal, relocation or demolition shall
be granted while a public hearing or any appeal related thereto is pending.
(d) (f) Any person subject to Section 9.36.130(c)(e) may apply to
the Director of Planning, and to the Landmarks Commission, on appeal,
for an exception. Exceptions may be granted for repairs or alterations
which do not involve any detrimental change or modification to the exterior
26
of the structure in question or for actions which are necessary to remedy
emergency conditions determined to be dangerous to life, health or
property.
(e) (b) The Director of Planning shall conduct a preliminary
evaluation of the proposed designation and shall make a recommendation
to the Commission as to the appropriateness and qualification of the
application for consideration by the Commission within ninety days after
the proper filing of the application.
(f) (c) Except as provided in subsection (h) of this Section, a
hearing to determine whether to recommend to the City Council that the
application for the designation of a Historic District be approved, in whole
or in part, or disapproved the application for such designation merits
formal consideration shall be scheduled before the Commission within one
hundred eighty ninety days after the application has been determined to
be complete. the preliminary evaluation is transmitted to the Commission.
Notice of the hearing on the preliminary evaluation shall be mailed to the
property owners and tenants of all properties located within the
boundaries of the proposed district not more than twenty and not less than
ten days prior to the date scheduled for such hearing. If the Commission
fails to take action on the preliminary evaluation within the ninety day time
period, the application for such designation shall be deemed disapproved
and it shall be the duty of the Director of Planning to certify such
disapproval.
(d) If the Commission determines that the application merits formal
consideration by the Commission, but only if it so determines, it shall
schedule a public hearing to be held within forty-five days of such
27
determination. Any determination of the Commission to schedule or not to
schedule a public hearing shall be in writing and shall be filed with the
Director of Planning.
(g) Not more than twenty days and not less than ten days prior to
the date scheduled for such public hearing, notice of the date, time, place
and purpose thereof shall be given by at least one publication in a daily
newspaper of general circulation, and shall be mailed to the applicant,
owners of all real property within the proposed Historic District and to the
owners and residents of all real property within three hundred feet of the
exterior boundary of the Historic District, using for this purpose the names
and addresses of such owners as are shown on the records of the City
Clerk. The failure to send notice by mail to any such real property owner
where the address of such owner is not a matter of public record shall not
invalidate any proceedings in connection with the proposed designation.
The Commission may also give such other notice as it may deem
desirable and practicable.
(h) The application for the designation of a Historic District shall be
automatically nullified if a petition opposing the designation is signed by
owners of 50% plus one or more of the properties to be located within the
proposed district and filed with the Commission Secretary prior to the
commencement of the Commission hearing on the application. The City
shall make available official petition forms which shall be utilized by
property owners to meet the requirements of this subsection (h). Only one
signature per property may be submitted on a petition filed pursuant to this
subsection.
(i)(h) At the conclusion of a public hearing, or any continuation
28
thereof, but in no case more than forty-five days from the date set for the
initial public hearing, the Commission shall recommend to the City Council
the approval, in whole or in part, or disapproval of the application for the
designation of a Historic District, and shall forward such recommendation
to the City Council stating in writing the findings of fact and reasons relied
upon in reaching such a recommendation. If the Commission fails to take
action on the application for the designation of a Historic District within the
forty-five day time period, the application for such designation shall be
deemed disapproved, and it shall be the duty of the Director of Planning to
certify such disapproval.
(j)(i) Within forty-five days from the date the Landmarks
Commission renders a recommendation on the Historic District
application, a public hearing shall be scheduled before the City Council.
The same notice requirements set forth in subsection (g) of this Section
shall apply to the hearing before the City Council. At the conclusion of the
public hearing, or any continuation thereof, but in no case more than forty-
five days from the date set for the initial public hearing, the City Council
shall by ordinance approve, in whole or in part, the application for the
designation of the Historic District, or shall by motion disapprove the
application in its entirety. If the City Council fails to take action on the
application for the designation of a Historic District within the forty-five day
time period, the application for such designation shall be deemed
disapproved, and it shall be the duty of the City Clerk to certify such
disapproval.
(k)(j) The decision of the City Council to approve the application for
the designation of a Historic District, in whole or in part, by ordinance, or to
29
disapprove the application in its entirety by motion, shall be in writing and
shall state the findings of fact and reasons relied upon to reach the
decision, and such decision shall be filed with the City Clerk.
(l) (k) The City Council shall by ordinance have the power, after a
public hearing, whether at the time it renders a decision to designate a
Historic District or at any time thereafter, to specify the nature of any
alteration, restoration, construction, removal, relocation or demolition of or
to a building or structure within a Historic District which may be performed
without the prior issuance of a certificate of appropriateness pursuant to
this Chapter. The City Council shall by ordinance also have the power
after a public hearing to amend, modify or rescind any specification made
pursuant to the provisions of this subsection.
(m) (l) Upon the rendering of such decision to designate a Historic
District, the owners of all real property within the designated Historic
District shall be given written notification of such designation by the City
Council, using for this purpose the names and addresses of such owners
as are shown in the records of the City Clerk.
(n) (m) Subject to other provisions of this Section 9.36.130, a
decision of the City Council to designate a Historic District shall be in full
force and effect from and after the effective date of the ordinance
approving, in whole or in part, the application for the designation of a
Historic District.
(o) (n) The City Council shall by ordinance have the power, after a
public hearing, to amend, modify or rescind any decision to designate a
Historic District and to make any preliminary or supplemental
designations, determinations or decisions, as additions thereto. The
30
Commission shall have the power to forward the recommendations of the
Commission to the City Council on its own motion or at the direction of the
City Council.
(p)(o) The City Council shall determine the instances in which
cases scheduled for public hearing may be continued or taken under
advisement. In such instances, no new notice need be given of the further
hearing date, provided such date is announced at the scheduled public
hearing.
(q) (p) Whenever an application for the designation of a Historic
District has been disapproved or deemed disapproved by the Commission
or the City Council, no application which contains the same or
substantially the same information as the one which has been
disapproved shall be resubmitted to or reconsidered by the Commission or
City Council within a period of five years from the effective date of the final
action upon such prior application. However, if significant new information
is available, the City Council, upon recommendation from the Landmarks
Commission, may waive the time limit by resolution and permit a new
application to be filed. In addition, an application of all owners of the
majority of parcels within the subject area proposed for Historic District
designation, may be resubmitted or reconsidered notwithstanding said five
year time period.
SECTION 6. Santa Monica Municipal Code Section 9.36.140 is hereby amended
to read as follows:
Section 9.36.140 Alterations and demolitions: Criteria for issuance of
a certificate of appropriateness.
31
For purposes of this Chapter, the Landmarks Commission, or the City
Council on appeal, shall issue a certificate of appropriateness for any proposed
alteration, restoration, construction, removal, relocation, demolition, in whole or in
part, of or to a Landmark or Landmark Parcel, or of or to a building or structure
within a Historic District if it makes a determination in accordance with any one or
more of the following criteria.
(a) In the case of any proposed alteration, restoration, removal or
relocation, in whole or in part, of or to a Landmark or to a Landmark
Parcel, the proposed work would not detrimentally change, destroy or
adversely affect any exterior feature of the Landmark or Landmark Parcel
upon which such work is to be done.
(b) In the case of any proposed alteration, restoration, construction,
removal or relocation, in whole or in part, of or to a building or structure
within a Historic District, the proposed work would not be incompatible
with the exterior features of other improvements within the Historic District,
not adversely affect the character of the Historic District for which such
Historic District was designated, or not be inconsistent with such further
standards as may be embodied in the ordinance designating such Historic
District. For any proposed work to any building or structure whose exterior
features are not already compatible with the exterior features of other
improvements within the Historic District, reasonable effort shall be made
to produce compatibility, and in no event shall there be a greater deviation
from compatibility.
(c) In the case of any proposed construction of a new improvement
upon a Landmark Parcel, the exterior features of such new improvement
would not adversely affect and not be disharmonious with the exterior
32
features of other existing improvements situated upon such Landmark
Parcel.
(d) The applicant has obtained a certificate of economic hardship in
accordance with Section 9.36.160.
(e) The Commission makes both of the following findings:
(1) That the structure does not embody distinguishing architectural
characteristics 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.
(2) 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 City, is not feasible.
(f) In the case of any proposed alteration, restoration, removal or
relocation, in whole or in part, to interior public space incorporated in a
landmark designation pursuant to Section 9.36.110, the proposed work
would not detrimentally change, destroy or adversely affect any interior
feature of the landmark structure.
(g) The Secretary of Interior’s Standards shall be used by the
Landmarks Commission in evaluating any proposed alteration, restoration,
or construction, in whole or in part, of or to a Landmark, Landmark Parcel,
or to a Contributing Building or Structure within a Historic District.
SECTION 7. Santa Monica Municipal Code Section 9.36.150 is hereby amended
33
to read as follows:
Section 9.36.150 Certificate of appropriateness for structures
of merit.
(a) A certificate of appropriateness shall not be required for the
alteration, restoration, construction or relocation of a Structure of Merit.
However, the Architectural Review Board or the Planning Commission
shall take into consideration the fact that the building has been designated
a Structure of Merit in reviewing any permit concerning such structure.
(b) Application for a certificate of appropriateness for the demolition
of a Structure of Merit shall be made on a form furnished by the Planning
Division. An application shall be processed in accordance with the same
procedures set forth in Sections 9.36.170 and 9.36.180 of this Code and
shall be reviewed in accordance with the standards set forth in Section
9.36.140.
(c) In an effort to agree to a means of historically preserving a
Structure of Merit proposed for demolition, the Landmarks Commission
shall have the following powers:
(1) During a one hundred and eighty day time period commencing
from proper filing of an application for certificate of appropriateness, the
Commission may negotiate with the owner of a Structure of Merit, or with
any other parties, in an effort to agree to a means of historically preserving
the designated property. The negotiations may include, but are not limited
to, acquisition by gift, purchase, exchange, condemnation or otherwise of
the Structure of Merit.
(2) Notwithstanding any of the foregoing, the Commission shall
have the power to extend the required one hundred and eighty day time
34
period to a duration not to exceed a three hundred and sixty day time
period in any case where the Commission determines that such an
extension is necessary or appropriate for the continued historical
preservation of a Structure of Merit.
SECTION 8. Santa Monica Municipal Code Section 9.36.170 is hereby amended
to read as follows:
Section 9.36.170 Certificate of appropriateness/certificate of
economic hardship procedure.
An application for a certificate of appropriateness or an application
for a certificate of economic hardship approving any proposed alteration,
restoration, construction, removal, relocation, or demolition, in whole or in
part, of or to a Landmark or Landmark Parcel, or of or to a building or
structure within a Historic District shall be processed in accordance with
the following procedure:
(a) Any owner of a Landmark, or of a building or structure within a
Historic District, may request the issuance of a certificate of
appropriateness or certificate of economic hardship by properly filing with
the Director of Planning an application for such certificate of
appropriateness or certificate of economic hardship on a form furnished by
the Planning Division. Each application for a certificate of appropriateness
or certificate of economic hardship shall include such plans, specifications,
statements of work, and any other information which are reasonably
required by the Landmarks Commission to make a decision on any such
proposed work. An application shall be deemed complete within thirty
days after the Planning Division receives a substantially complete
35
application together with all information, plans, specifications, statements
of work, and any other materials and documents required by the
appropriate application forms supplied by the City. 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.
(b) The Director of Planning shall schedule a public hearing to be
held within forty-five days of the date on which an application for a
certificate of appropriateness or certificate of economic hardship and shall
make a preliminary recommendation to the Commission on or before the
date scheduled for a public hearing as to the appropriateness and
qualification of the application for a certificate of appropriateness or
certificate of economic hardship.
(c) Not more than twenty days and not less than ten days prior to
the date scheduled for a public hearing, notice of the date, time, place and
purpose thereof shall be given by at least one publication in a daily
newspaper of general circulation, shall be mailed to the applicant, and to
the owners and residents of all real property within three hundred feet of
the exterior boundaries of the Landmark Parcel upon which a Landmark is
situated in the case of any proposed work to a Landmark, or within three
hundred feet of the exterior boundaries of the lot or lots on which a
building or structure within a Historic District is situated in the case of any
proposed work to a building or structure within a Historic District, using for
this purpose the names and addresses of such owners as are shown on
the records of the City Clerk. The failure to send notice by mail to any
36
such real property owner where the address of such owner is not a matter
of public record shall not invalidate any proceedings in connection with the
proposed designation. The Commission may also give such other notice
as it may deem desirable and practicable.
(d) The Commission shall have up to six months, or one year if the
project requires an Environmental Impact Report, to render a decision on
the certificate application. If the Commission does not render a decision
within this time period, then the certificate application shall be
automatically deemed approved. Notwithstanding the foregoing, the
Commission may mutually agree with the applicant for a certificate of
appropriateness or certificate of economic hardship to extend the six
months or one year time period in which the Commission must take action
to another time period which is mutually agreeable. The time period
provided for in this Section shall be extended by the time period provided
for in Section 9.36.160(d) when applicable.
(e) The decision of the Commission shall be in writing and shall
state the findings of fact and reasons relied upon to reach the decision,
and such decision shall be filed with the Director of Planning.
(f) Subject to the provisions of Section 9.36.180 of this Chapter,
upon the rendering of such decision to approve an application for a
certificate of appropriateness or certificate of economic hardship, the
Commission shall issue the certificate of appropriateness or certificate of
economic hardship within a reasonable period of time and such issued
certificate of appropriateness or certificate of economic hardship may be
obtained by the applicant from the Planning Division.
(g) Subject to other provisions of this Section 9.36.170 and Section
37
9.36.180 of this Chapter, a decision of the Commission shall be in full
force and effect from and after the date of the rendering of such decision
by the Commission. A certificate of economic hardship may be appealed
to the City Council in the same manner and according to the same
procedures as for a certificate of appropriateness.
(h) Subject to other provisions of this Section 9.36.170, a certificate
of appropriateness or certificate of economic hardship shall be in full force
and effect from and after the date of the issuance by the Commission. Any
certificate of appropriateness or certificate of economic hardship issued
pursuant to this Chapter shall expire of its own limitation within one year
from its date of issuance unless the work authorized by the certificate has
been commenced a one hundred eighty day time period. In addition, any
such certificate of appropriateness or certificate of economic hardship
shall also expire and become null and void if such work authorized is
suspended or abandoned for a one hundred eighty time period after being
commenced.
(i) The Commission shall have the power, after a public hearing, to
amend, modify or rescind any decision to approve, in whole or in part, an
application for a certificate of appropriateness or certificate of economic
hardship and to make any preliminary or supplemental designations,
determinations or decisions, as additions thereto.
(j) The Commission shall determine the instances in which cases
scheduled for public hearing may be continued or taken under
advisement. In such instances, no new notice need be given of the further
hearing date, provided such date is announced at the scheduled public
hearing.
38
(k) The following rules shall limit the resubmittal of an application
for a certificate of appropriateness or certificate of economic hardship:
(1) Whenever an application for a certificate of appropriateness or
certificate of economic hardship for demolition has been disapproved or
deemed disapproved by the Commission, or by the City Council on
appeal, no application which is the same or substantially the same as the
one which has been disapproved shall be resubmitted to or reconsidered
by the Commission or City Council for a period of five years from the
effective date of the final action upon the prior application. A certificate of
appropriateness or certificate of economic hardship for demolition may be
refiled at any time during the five year period provided that the applicant
submits significant additional information which was not and could not
have been submitted with the previous application. A refiled application
shall be processed in the manner outlined in Section 9.36.170. Under this
provision, should the applicant still seek to demolish the landmark
structure after the five year period has expired, a new and separate
certificate of appropriateness or certificate of economic hardship
application would be required to be refiled. This application shall be
subject to the same conditions as the prior application.
(2) Whenever an application for a certificate of appropriateness or
certificate of economic hardship for other than demolition has been
disapproved or deemed disapproved by the Commission, or by the City
Council on appeal, no application which is the same or substantially the
same as the one which has been disapproved shall be resubmitted to or
reconsidered by the Commission or City Council within a period of one
hundred eighty days from the effective date of the final action upon such
39
prior application. A certificate of appropriateness or certificate of economic
hardship for other than demolition may be refiled at any time during the
one hundred eighty day period provided that the applicant submits
significant additional information, which was not and could not have been
submitted with the previous application. A refiled application shall be
processed in the manner outlined in Section 9.36.170. Under this
provision, should the applicant still seek approval for other than the
demolition of a landmark structure after the one hundred eighty day period
has expired, a new and separate certificate of appropriateness or
certificate of economic hardship application would be required to be
refiled. This application shall be subject to the same conditions as the prior
application.
(l) Under the authority of Section 9.36.060, the Commission, may,
by resolution, establish criteria under which the Landmarks Commission
Secretary may approve certificate of appropriateness applications for
minor or insignificant alterations, restorations, or construction, in whole or
in part, of or to a Landmark or Landmark Parcel, or of or to a building or
structure within a Historic District which would not defeat the purposes and
objectives of this Chapter.
SECTION 9. Santa Monica Municipal Code Section 9.36.250 is hereby amended
to read as follows:
Section 9.36.250 Extension of certificate of appropriateness.
The City Council, following recommendation from the Landmarks
Commission, The Landmarks Commission Secretary may extend by
resolution the time period for exercising a certificate of appropriateness as
40
provided for in Section 9.36.170(h) for a period of up to one hundred
eighty days upon such terms and conditions as the Secretary City Council
deems appropriate consistent with the original approval and Section
9.36.170 if the development standards relevant to the project have not
changed since project approval. An extended certificate of
appropriateness may be extended in accordance with the provisions of
this Section. An extended certificate of appropriateness shall expire if the
work authorized thereby is not commenced by the end of the extension
period. Except as otherwise provided for in this Section, all provisions of
this Code applicable to a certificate of appropriateness shall apply to an
extended certificate of appropriateness.
SECTION 10. Santa Monica Municipal Code Section 9.36.270 is hereby
amended to read as follows:
Section 9.36.270 Preservation incentives.
Architectural Review Exemption.
(a) All structures designated as
landmarks and any contributing building or structure within a historic
district that requires a certificate of appropriateness shall be exempt from
review by the Architectural Review Board. The Landmarks Commission
may refer any matter to the Architectural Review Board for comment.
Building Permit and Planning Application Fees.
(b) All building
permit and planning fees for Administrative Approval applications shall be
waived for designated Landmarks, or contributing structures located in a
historic district.
Certificates of Appropriateness/Administrative Approval
(c)
Fees.
All certificate of appropriateness and certificate of administrative
41
approval fees for any alteration, restoration or construction, in whole or in
part, to a designated Landmark or to a contributing structure located in a
historic district shall be waived.
(d) Any parking incentives permitted by the Zoning Ordinance.
Streetscape Improvements in Historic Districts.
(e) Whenever
streetscape improvements are proposed by the City in areas that are
designated historic districts, the City shall consider the use of materials,
landscaping, light standards and signage that are compatible with the
area's historic and architectural character.
State Historical Building Code.
(f) The California State Historical
Building Code (Title 24, Part 8, California Administrative Code) shall be
applied to alterations to designated Structures of Merit, Landmarks, and
contributing structures located in historic districts.
Historical Property Contracts.
(g) Designated Structures of Merit,
Landmarks and contributing structures located in historic districts that are
privately owned shall be considered qualified historical properties eligible
for historical property contracts submitted or entered into, pursuant to the
provisions of Article 12, commencing with Section 50280, Chapter 1, Part
1, Division 1, Title 5, of the California Government Code upon resolution
approval by the City Council.
Plan Check Processing.
(h) Structures designated as Landmarks
or Contributing Buildings or Structures to a Historic District shall receive
priority Building Division plan check processing.
SECTION 11. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
42
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 12. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 13. 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. This Ordinance shall be
effective thirty (30) days from adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
43
ATTACHMENT B
Landmarks Commission Letter dated December 2, 2002
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
44
ATTACHMENT C
Public Notice
45
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Introduction and first reading of an ordinance amending Santa Monica Municipal Code
(SMMC) Chapter 36, (Landmarks And Historic Districts) with language clarification,
procedural changes for the designation and review of Structures of Merit, Landmarks and
Historic Districts and additional Preservation Incentives for designated Landmark properties
and Contributors to Historic Districts.
The City Council will conduct a public hearing to consider revisions to the Landmarks and Historic Districts Ordinance
that are intended to clarify language and streamline procedures to improve Landmarks designation and review
processes and to implement the City’s recently adopted Historic Preservation Element. Minor changes are also
proposed to the Code section providing incentives to owners of Landmark properties.
DATE/TIME: TUESDAY, JANUARY 28, 2003, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by
writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
Re: Landmarks Ordinance Revision
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about the proposed ordinance, please contact Elizabeth Bar-El at (310) 458-8341, or by
e-mail at elizabeth-bar-el@santa-monica.org. The Landmarks and Historic Districts Ordinance is available at the
Planning Counter during business hours and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341
or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon
request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the
challenge may be limited to only those issues raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si
deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-
8341.
APPROVED AS TO FORM:
___________________________
JAY M. TREVINO, AICP
Planning Manager
F:\PLAN\SHARE\COUNCIL\NOTICES\Landmarks Ord 1-28-03.doc
46
ATTACHMENT D
Letter of Landmarks Commission dated January 16, 2003
Regarding Designation Application Fees
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
47