SR-406-004 (7)
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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
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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
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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.
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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
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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
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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
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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;
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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
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