SR-07-26-2005-7H
1H
JUL 2 6 2005
f:\atty\muni\strpts\barry\Procedural LandmarkRevisions
City Council Meeting 7-26-05
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First "Reading of an Ordinance Amending Non-
Substantive Provisions of Santa Monica Municipal Code Sections
9.36.120 and 9.36.180 of the Landmarks Ordinance to Eliminate Actual
and Potential Ambiguities in the Ordinance and to Serve the Interest of
Clarity and Brevity
Introduction
The attached proposed Ordinance would revise and clarify certain procedural provisions
of Sections 9.36.120 and 9.36.180 of the Landmarks Ordinance. None of these
proposals would affect the substance of the law. The City Council considered this
matter at its April 26, 2005 meeting (as a 10-ltem) and directed this office to prepare an
ordinance reflecting these revisions. This Ordinance is now presented to the City
Council for first reading.
BackQround
The substantive provisions of the Landmarks Ordinance will be updated/revised as part
of the City's update of its Land Use Element and Zoning Ordinance. This process is
being handled as expeditiously as possible, but the project's scope makes it inevitable
that it will take significant time. In the meantime, legal staff received inquiries about the
possibility of a speedy update of purely procedural provisions of the Landmarks
Ordinance. Since the Landmarks Ordinance was adopted almost thirty years ago,
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JUL 2 6 2.005
experience has shown that its procedural provisions could benefit from clarification and
streamlining.
At its January 6, 2005 and March 14, 2005 meetings, the landmarks Commission
considered a list of possible revisions prepared by legal staff. At its March 14th meeting,
the Landmarks Commission unanimously approved possible statutory amendments that
might be considered by the City Council.
On April 26, 2005, the City Council heard a request from the landmarks Commission
that the Council consider these statutory amendments and direct this office to return
with a proposed ordinance reflecting these changes. The City Council unanimously
approved this request.
The proposed ordinance has been prepared in response to the City Council's direction.
Discussion
The proposed ordinance would amend Section 9.36.120 of the City's landmark
Ordinance, entitled landmark Designation Procedure, in the following manner:
Subsection (a)
This subsection would be amended to allow any person to file a landmark
designation application. It would also clarify that the application would be
filed with the City Planning Division.
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Subsection (b)
This subsection would be amended to prohibit any alteration, restoration,
construction, removal, relocation or demolition of an improvement subject
to a landmark designation application from the date the application is filed,
not from the date that the application is determined complete. This
prohibition would remain in place until a final determination is rendered by
the Commission, or the City Council on appeal.
Subsection (c)
This subsection would be amended to clarify that the time limit for holding
a hearing on the application may be extended by the owner of the
improvement.
Subsection (d)
In determining the names and addresses of residents to be notified of the
landmark designation application, this subsection would be amended to
delete the reference to addresses as shown in the records of the City
Clerk as the clerk does not maintain property ownership records and
would substitute the records of the Los Angeles County Assessor. In
addition, the amendment would clarify that notice should also be provided
to the residential and commercial tenants of the subject property.
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Subsection (e)
This subsection would be amended to clarify that any decision on the
landmark designation application must be rendered by the Commission at
a public hearing. It would also be amended to provide that any continued
public hearing must be completed within sixty-five days from the date set
for the initial public hearing, rather than forty-five days. Further, this
subsection would be amended to clarify that the Commission may
designate a Landmark Parcel, not that it must do so. It would also be
amended to clarify that the owner of the improvement may extend the time
for holding and concluding the public hearing. Finally, this subsection
would be amended to delete the requirement of Planning Director
certification of applications deemed disapproved.
Subsection (f)
This subsection (formerly subsection g) would be amended to consolidate
this subsection with prior subsection G) to serve the interests of brevity
and clarity. Prior subsection G) would be deleted as a stand-alone section.
Subsection (h)
This subsection would be added to clarify the timing for preparation of a
statement of official action, to specify the information that must be
included in this statement, and to require that the owner be provided a
copy of this statement. Since this amended subsection would subsume
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the requirements of prior subsection (f), that prior subsection would be
deleted.
Subsection (i)
This subsection would be added to require that the official owner of a
designated landmark be provided with a copy of the statement of official
action. This provision replaces former subsection (t).
Prior subsection (k)
This subsection would be eliminated since it is unnecessary and
potentially limiting. The Commission has the innate power to continue its
own proceedings.
Subsection (j)
This subsection would be amended to authorize the landmarks
Commission, rather than the City Council, to allow the filing of a landmark
designation application less than five years after a previous landmark
application has been denied based on significant new information.
The proposed ordinance would amend Section 9.36.180 of the City's landmark
Ordinance, entitled Appeals, in the following manner:
Subsection (a)
This subsection would be amended to eliminate appeals of the "formal
consideration" determination since the formal consideration procedure has
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already been eliminated from the Chapter. It would also amend certain
provisions for brevity.
Subsection (b)
This subsection would be amended to establish that the time to appeal a
Landmarks Commission decision commences from the date that the
decision is made by the Commission. It would not commence from the
date that the statement of official action is filed with the Director of
Planning. This subsection would also be amended to clarify that any
notice of appeal should be filed with the City Planning Division.
Subsection (c)
This subsection would be amended to clarify that the owner of the
improvement can extend the time limit for the City Council to act on the
appeal.
Subsection (d)
This subsection would be amended to clarify the public notification
requirements.
Subsection (e)
This subsection would be amended to clarify the time for the City Council
to complete action on an appeal and to authorize the owner of the
improvement to extend the time for action on the appeal. Additionally, it
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would clarify that notice of the hearing would be mailed to residential and
commercial tenants as well as owners within the requisite radius. It would
also eliminate the certification requirement imposed upon the City Clerk.
Subsection (f)
This subsection would be amended to distinguish between the decision of
the City Council, which is in full force and effect on the date it is rendered,
and the statement of official action which must be completed within 30
days after the City Council decision. It would also specify the information
that must be included in the statement of official action and eliminate the
requirement that the statement be filed with the Director of Planning and
the City Clerk. It would also delete language that is duplicative.
Financial/Budqet Impact
Adoption of the proposed ordinance would not have a direct financial impact on the City.
" Recommendation
It is respectfully recommended that the City Council introduce the accompanying
ordinance for first reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry A. Rosenbaum, Senior Land Use Attorney
Attachment A: Proposed Ordinance
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f:\atty\mun i\laws\barry\landmarkordrev2005 .doc
City Council Meeting 7-26-05
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING NON-SUBSTANTIVE PROVISIONS OF SECTIONS
9.36.120 AND 9.36.180 OF THE LANDMARKS ORDINANCE TO ELIMINATE ACTUAL
OR POTENTIAL AMBIGUITIES IN THE ORDINANCE AND TO SERVE THE
INTERESTS OF CLARITY AND BREVITY
WHEREAS, the substantive provisions of the Landmarks Ordinance will be
updated as part of the City's update of its Land Use Element and Zoning Ordinance;
and
WHEREAS, while this process will be handled as quickly as possible, the
project's scope will of necessity cause this project to take significant time; and
WHEREAS, in the interim, legal staff received inquiries about the possibility of a
speedy update of purely procedural provisions of the Landmarks Ordinance; and
WHEREAS, the procedural provisions require update to eliminate actual or
potential ambiguities in the Landmarks Ordinance and to serve the interests of clarity
and brevity; and
WHEREAS, at its January 6, 2005 and March 14, 2005 meetings, the Landmark
Commission considered a list of possible revisions prepared by Staff; and
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WHEREAS, at its March 14, 2005 meeting, the landmark Commission
unanimously approved possible statutory amendments that might be considered by the
City Council; and
WHEREAS, on April 26, 2005, the City Council considered these potential
statutory amendments and directed that the City Attorney's Office return with this
ordinance; and
WHEREAS, this ordinance would revise and clarify certain procedural provisions
of the Landmarks Ordinance while not affecting the substance of the law,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 9.36.120 is hereby
amended to read as follows:
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 \Nith the Director of Planning an a complete application
for such designation with the City PlanninQ Division on a
form furnished by the Planning Department Division.
Additionally, the Commission may file an application for the
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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) Upon determination by City staff that the filing
of an application for designation of an 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 nNo permit shall be 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, which would authoriz~i-AfJ any such
alteration, restoration, construction, removal, relocation or
demolition shall be granted 'lJhile a public he3ring or any
appeal related thereto is pending until a final determination
on the application is rendered bv the Commission, or the
City Council on appeal.
(c) The Director of Planning shall conduct an
evaluation of the proposed designation and shall make a
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recommendation to the Commission as to whether the
improvement merits designation. 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. The owner of the improvement may agree to
extend the time period for the Commission to hold the public
hearinQ on the application.
(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 newspaper of
general circulation, and shall be mailed to the applicant, the
owner of the improvement, and to all owners and residents
residential and commercial tenants of all real property within
three hundred feet of the exterior boundaries of the lot or lots
on which a proposed Landmark is situated, and to residential
and commercial tenants of the subiect property, using for
this purpose the names and addresses of such owners as
are shown on the records of the City Clerk Los Anqeles
County Assessor. The address of the residential and
commercial tenants shall be determined by visual site
inspection or other reasonably accurate means. The failure
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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- the public hearing, or any
continuation thereof, but in no case more th::m 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 may
define and describe an appropriate landmark Parcel. Any
continued public hearinq must be completed within sixty-five
days from the date set for the initial public hearing. If the
Commission fails to take action on the application for the
designation of a landmark within the forty five sixty-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. The owner of the
improvement may agree to extend the time period for the
Commission to hold and concluded the public hearinQ on the
application.
(f) The decision of the Commission shall be in
'.t.'riting and ehall etate the findingc of foot and reaconc relied
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upon to reach the decision, and such decision shall be filed
with the Director of Planning.
(gf) 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, 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 po'.....er, after a
public hearing, to amend, modify or rescind any specification
made pursuant to the provisions of this subsection. The
Commission shall also have the power, after a public
hearinQ, to amend, modify or rescind any decision to
designate a Landmark or Landmark Parcel and any
specifications made pursuant to this subsection. The
Commission shall further have the power to make any
preliminary or supplemental desiQnations, determinations or
decisions, as additions to its designation determinations.
(h) Upon the rendering of such decision to
designate a Landmark, the O~Nner of the designated
Landmark shall be given 't:ritten notification of such
deoignation by the Commission, usingfor-this purpose the
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name and address of such owner as is sho)Nn in the records
of the City Clerk.
(ig) 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.
(h) Within 35 days after the decision has been
rendered, the Commission shall approve a statement of
official actions which shall include:
(1) A statement of the applicable criteria and
standards aQainst which the application for designation was
assessed.
(2) A statement of the facts found that establish
compliance or non-compliance with each applicable criteria
and standards.
(3) The reasons for a determination to approve or
deny the application.
(4) The decision to deny or to approve with or without
conditions and subiect to compliance with applicable
standards.
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(i) The official owner of the designated landmark
shall be provided a coPY of the statement of official action
after Commission approval using for this purpose the name
and address of such owner as is shown in the records of the
Los Anoeles County Assessor.
0) 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 \Nhich 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
hoaring.
(t1) 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
new application which contains the same or substantially the
same information as the one \Nhich has been disapproved
shall be resubmitted to or reconsidered by the Commission
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or City Council filed within a period of five years from tI:le
effective date of the final action -t:JPon 5i::f&A-- the 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 2. Santa Monica Municipal Code Section 9.36.180 is hereby
amended to read as follows:
9.36.180 Appeals.
An appeal to the City Council of an action of the
Landmarks Commission shall be processed in accordance
with the following procedure:
(a) Each of the following actions by the
Commission may be appealed to the City Council:
(1) 1\ determination of the Commission that an
application for the designation of a Landmark or of a Historic
District does not merit formal consideration by the
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Commission, and a determination thereto not to schedule a
public hearing.
(2.:D Any. decision of the Commission, after a public
hearing, to approve, in 'Nhole or in part, or disapprove
relating to an application for the designation of a Landmark.
(~2) AfJ)J. decision of the Commission, after =:1 public
hearing, defining and describing an appropriate ~Landmark
Parcel upon which a Landmark is situated.
(4~) AfJ)J. determination of the Commission, 3fter :3
public hearing, decision amending, modifying or rescinding
any decision to designate a Landmark or Landmark Parcel,
or any preliminary or supplemental designations,
determinations or decisions, as additions thereto.
(~) AfJ)J. decision of the Commission to approve in
'Nhole or in part, or disapprove relatinQ to an application for
a certificate of appropriateness.
(6Q) Any decision of the Commission relating to a
structure of merit.
(7Q) The approval or disapproval of an application
of a Landmark, Historic District, Structure of Merit, or
certificate of appropriateness that occurred as a result of the
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expiration of the required time periods for processing such
applications.
(b) Any person may appeal a determination or
decision of the Commission by properly filing a notice of
appeal with the Director of Planning and the City Clerk a
notice of appeal City Planninq Division on a form furnished
by the Planning Dep~lrtment Division. Such notice of appeal
shall be filed 'Nith the Director of Planning and the City Clork
within a-ten consecutive day~ time period commencing from
the date that such determination or decision is made bv the
Commission '.vas filed 'Nith the Director of Planning or from
the date an application is deemed approved or disapproved
because of the failure to comply with any time period set
forth in this Chapter. The notice of appeal shall be
accompanied by a fee required by law. Notwithstanding any
of the foregoing, any member of the Commission or City
Council may request a review by the Commission or City
Council of any determination or decision of the Commission
without the accompaniment of such fee in the amount
required by law.
(c) The City Council shall schedule a public hearing
to be held within forty-five days atter the notice of appeal is
properly filed with the Direotor of PkmniAg ~nd the City Clerk
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City PlanninQ Division. The owner of the improvement may
agree to extend the time period for the City Council to hold
and conclude the public hearinQ on the application.
(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 the Director of Planning by at least one publication
in a daily newspaper of general circulation, and shall be
mailed to~
llL.the appellant,~
(2) the owner and residential or commercial tenants
of the Landmark in the case of any action regarding a
Landmark,~
(3) the owners of all real property within the Historic
District in the case of any action regarding an entire Historic
District,~
(4) the owners of all real property and residential and
commercial tenants within three hundred feet of the exterior
boundaries of the lot or lots on which a Landmark is located
Landmark Parcol in the case of any action regarding a
Landmark,~
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(5) the owners and all commercial and residential
tenants of all real property within three hundred feet of the
exterior boundaries of the Historic District in the case of any
action regarding an entire Historic District,~
@.L and to the owners of all real property and all
commercial and residential tenants within three hundred feet
of the exterior boundaries of the lots or lots on which a
building or structure is located in the case of any action
regarding a building or structure within a Historic District,.:.
using for this purpose tThe names and addresses of such
owners as are shown on the records of the Los AnQeles
County Assessor shall be used for providing this notification.
The address of the residential and commercial tenants shall
be determined by visual site inspection or other reasonably
accurate means. The failure to send notice by mail to any
such real property 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 or the City Council may also give such other
notice as it may deem desirable and practicable.
(e) At the conclusion of a- the public hearing, or any
continuation thereof, but in no case more than thirty days
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from the date set forth the initial public hearing, the City
Council shall render its decision on the notice of appeal and
shall approve, in whole or in part, or disapprove the prior
determination or decision of the Commission. Any continued
public hearino must be completed within thirty days from the
date set for the initial public hearinQ. The City Council
decision shall be in full force and effect from and after the
date such decision is made. If the City Council fails to take
action on the notice of appeal within the thirty day time
period, the notice of appeal shall be deemed disapproved,
and it shall be the duty of the City Clerk to certify such
disapproval. The owner of the improvement may aoree to
extend the time period for the City Council to hold and
conclude the public hearing on the application.
(f) ::rhe4eGision-of-th&GitJLCouncil-shallbe-tn
'..:riting ::md sholl stote the findings of fact and reosons relied
upon to reach the decision, and such decision shall be filed
with the Director of Planning and the City Clerk. Within 30
days after the decision has been made. the City Council
shall approve a statement of official action which shall
include:
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(1) A statement of the applicable criteria and
standards aQainst which the application for desiQnation was
assessed.
(2) A statement of the facts found that establish
compliance or non-compliance with each applicable criteria
and standards.
(3) The reasons for a determination to approve or
deny the application.
(4) The decision to deny or to approve with or without
conditions and subiect to compliance with applicable
standards.
(g) Upon the rendering of such decision by the City
Council, tThe appellant and the owner of the Landmark in
the case of a decision regarding a Landmark, the owners of
all real property within the Historic District in the case of a
decision regarding an entire Historic District, or the owner of
a building or structure in the case of a building or structure
within a Historic District shall be provided a copy of the
statement of official actiongiven '.witten notification of such
decision by the Diroctor of Planning, using for this purpose
the names and addresses of such owners as are shown in
the records of the City Clerk Los Angeles County Assessor.
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A decision of the City Council on a notice of appeal shall be
in full force and effect from and after the date of the
rendering of such decision by the City Council.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. 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 5. 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
become effective 30 days from its adoption.
APPROVED AS TO FORM:
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