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SR-406-004 (7) . . /f06-oo'i /2-C JAN 2 7 1987 C/ED:RAS:SF:As:mt council Mtg: January 27, 1987 Santa Monica, California TO: Mayor and city Council FROM: City staff SUBJECT: Appeal of a Decision Of The Landmarks commission Designating Case #LC-03-030, at 1323 Ocean Avenue, a City Landmark. INTRODUCTION This report recommends that the Council deny the appeal and uphold the decision of the Landmarks Commission to designate the structure at 1323 Ocean Avenue a City Landmark. Following a public hearing on December 18, 1986, the Landmarks Commission voted five to two in favor of Landmark Designation for the structure at 1323 Ocean Avenue. BACKGROUND On October 15, 1986 an application was filed by Julie Lopez Dad, spokesperson for The Friends of the Gussie Moran House, for Landmark Designation of 1323 Ocean Avenue. At its meeting on November 13, 1986, the Landmarks Commission reviewed the staff report and application (Attachments A and B). Based on this review, the Commission unanimously determined that the application was worthy of formal consideration and set the matter for public hearing. The hearing was held on December 18, 1986, which included testimony from members of the Friends of the Gussie Moran House, the attorney for MCCCXXIII Ocean Inc., the corporation owning the 12-<! JAN 2 7 1981 - 1 - . . property, and numerous persons interested in moving the structure to an alternative location. Following the public hearing, the Landmarks Commission voted 5-2 to designate the house at 1323 Ocean Avenue a City Landmark. As a result of this designation, no plans for alternative uses of the site can be submitted until this appeal is resolved. ANALYSIS Significance of the House The house was constructed between 1887 and 1891, with the tower at the southwest corner added sometime between 1891 and 1895. The house is characteristic of the Queen Anne style which was popular during the late 19th century. Constructed of wood, the house displays many of the typical Queen Anne features, including a steep pitched front gable, an ilL" shaped porch which wraps around the southwest corner, and the prominent corner tower. The detailing pattern on the gable combines both plain and fishscale shingles, while shiplap siding clads the remainder of the building's exterior. The house is one of the few single family structures and is the only Victorian still remaining on Ocean Avenue, a street once lined with similar structures. The area was the center of Victorian Santa Monica, which included Senator John Jones' home; the Miramar, a few blocks north on Ocean; and the City'S largest Victorian hotel, the Arcadia, just south near Colorado Avenue. This house is the last remnant 0 f Ocean Avenue prior to 1900. The only other Queen Anne tower house in the city is located at - 2 - . . 516 Colorado, but was moved to that site in 1924 from Wilshire and 4th street. The house was the residence and family home of internationally known tennis player Gussie Moran, who was ranked among the top ten players during the late 19405. Additional background information is contained in the attached staff report (Attachment B) . Code provisions Under Section 9607 of the Santa Monica Municipal Code, a property may be designated a landmark if it meets one or more of the following criteria. A. It exemplifies, symbolizes or manifests cultural, social, economic, political history of the City; elements of the or archi tectural B. It has aesthetic or artistic value or other noteworthy interest or value: C. It is identified with historic personages or with important events in local, state or national history: D. It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction or use of indigenous materials or craftsmanship: or E. It is representative of the work or product of a notable builder, designer, or architect. - 3 - . . Landmarks Commission Determination In making its decision, the Landmarks Commission determined that the structure meets four of the criteria under SMMC section 9607 and made the following findings of fact and determination: 1. The house exemplifies and manifests elements of Santa Monica's cultural and architectural history in that it is the last remnant of victorian Santa Monica prior to 1900 on Ocean Avenue. 2. The house has aesthetic and artistic value to the community of Santa Monica in that it is one of the last examples of Queen Anne revival architecture in the city and is located at its original site. 3. It is identified with an historic person in local, state and national history in that the house was the family home and residence for many years of internationally known tennis player Gussie Moran. 4. It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction in that it is one of the last examples of Queen Anne revival architecture in the city. Al though the house is the last Victorian structure on Ocean Avenue, the dissenting opinion on the Commission stated that the the house is no longer appropriate at its original location. The dissenting Commissioners requested that a condition be added stating the the Landmark I s Commission would approve the - 4 - . e relocation of the structure to another lot in Santa Monica whenever that application was applied for. The Landmark designation as approved does not preclude the option of relocating the structure; it would require the filing of a Certificate of Appropriateness application and a public hearing to determine if such an application should be approved. Appellant's position The appellant maintains that 1323 Ocean Avenue does not meet any of the five criteria in Section 9607 and that the Commission "de facto applied historic district designation criteria under Section 9609" in approving the designation (see Attachment D). structures in an historic district gain significance as part of a neighborhood. In the designation of 1323 Ocean, the findings were based on the structure's individual significance at its original location and not on the significance of 1323 Ocean combined with the significance of the surrounding structures. It should be noted that the City's Historic Resources survey, completed by consultants experienced in architectural surveys in the Los Angeles area, found the house to be not only worthy of local landmark significance but also potentially eligible for the National Register of Historic Places. The appellant states that the Landmarks Commission did not consider relocation of the house in the City and that MCCCXXIII Ocean, Inc.' s will suffer undue hardship if relocation is not permitted. The Commission feels that discussing relocation at this time is premature and that the issue will be discussed at - 5 - . . the time a Certificate of Appropriateness is filed. The Landmark designation does not prohibit relocation. The appellant asserts that the application was filed under the false assumption that the structure would be demolished. Regardless, this would not affect the structure's landmark significance. In addition, the appellant states that the designation "constitutes a taking of MCCCXXIII ocean, Inc.' s property without due process of law and just compensation." The Commission has the ability to postpone the demolition of a city Landmark for up to a year after the Certificate of Appropriateness application requesting demolition has been filed. There are no provisions in the ordinance to prohibit the demolition. Finally, the appellant states that by designating 1323 Ocean a City Landmark and not "similar and better preserved exemplars of Queen Anne and related houses at 5th and Colorado, 1333 Ocean Avenue" both denies MCCCXXIII Ocean Inc. of its constitutional rights to equal protection and is discriminatory. Designating 1323 Ocean as a city Landmark does not preclude designation of the other structures as landmarks. Each house would be evaluated individually and subjected to the same procedures at the time an application is filed. Designation as a Landmark will prohibit any demolition or significant exterior alteration to the structure without approval of a certificate of Appropriateness from the Landmarks Commission and will require the owner to maintain the structure in good - 6 - . . repair. Should the city Council deny the appeal, and thereby affirm the Landmark Designation decision of the Landmarks commission, the appellant has the further recourse to submit a Certificate of Appropriateness application to the Landmarks commission requesting permission to demolish the Landmark. Under this procedure the Landmarks Commission has the authority to stay demolition for up to one year. During this year, the Commission would have the opportunity to work with the owner to find a suitable way in which to preserve the Landmark. Presently the City has no program by which to assist in the purchase or rehabilitation of endangered landmarks, but the Landmarks Commission is available to assist the owner in locating a sui table buyer for the property should the owner wish to sell. If, during this year, the applicant can prove that he has exhausted all means of preserving the Landmark and is suffering undue financial hardship, the Landmarks Commission could review these hardships and grant the demolition permit. After 360 days the Commission has no recourse and the applicant may receive the demolition permit. Should the City Council uphold the appeal, the owner would be able to restore, relocate, or demolish the structure without the approval of the Landmarks Commission. COUNCIL CONSIDERATION Under the provisions of Section 9613 of the Santa Monica Municipal Code, the city Council may deny the appeal and approve the decision of the Landmarks Commission with the findings contained in the December 18, 1986 Statement of Official Action; - 7 - . . may disapprove the prior determination of the Landmarks Commission and uphold the appeal; or otherwise act to approve, conditionally approve, or deny the proj ect as it deems appropriate. Should the appeal be denied by the City Council, no appeal which is the same or substantially the same as the one that has been disapproved shall be resubmi tted or reconsidered by the city Council within a 360 day period from the effective date of the final action of the prior appeal. BUDGET/FISCAL IMPACT The recommendations presented in this report do not have a budget/fiscal impact. RECOMMENDATION staff respectfully recommends that the City Council deny the appeal and approve the Landmark Designation of 1323 Ocean Avenue wi th the findings and conditions contained in the December 18, 1986 Landmarks commission statement of Official Action. Prepared by: R. Ann Siracusa, Director of Planning Suzanne Frick, Principal Planner Amanda Schachter, Assistant Planner Planning Division Community and Economic Development Department Attachments: A. Landmark Designation Application B. December 18, 1986 Landmarks Commission staff Report C. December 18, 1986 Landmarks Commission Statement of Official Action D. Letter of Appeal of MCCCXXIII Ocean, Inc. AS:mt Appeal 01/16/87 - 8 -