O2464City Council Meeting: 7 -22 -14
Santa Monica, California
ORDINANCE NUMBER 2464 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.36.270(G) TO INCLUDE ADDITIONAL ELIGIBILITY REQUIREMENTS FOR
HISTORICAL PROPERTY (MILLS ACT) CONTRACTS
WHEREAS, Government Code Sections 50280 et seq., authorizes a city to enter
into historical property (Mills Act) contracts with any owner of any qualified historical
property; and
WHEREAS, upon entering into an historical property contract, the property owner
agrees to preserve and maintain the qualified historical property so that it retains its
historically significant characteristics, and, in return, the property owner obtains property
tax relief: and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(g) provides that
privately -owned designated Structures of Merit, Landmarks, and Contributing Structures
located in Historic Districts are considered qualified historical properties eligible to enter
into historical property contracts with the City; and
WHEREAS, the City desires to amend Section 9.36.270(g) in order to refine the
eligibility requirements for such historical property contracts for purposes of ensuring
that through these contracts a public and private benefit that is appropriately aligned
with the City's historic preservation and financial goals is realized.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.36.270 of the Santa Monica Municipal Code is hereby
amended to read as follows:
SECTION 9.36.270 Preservation Incentives.
(a) Architectural Review Exemption. Provided that a certificate of
appropriateness is obtained from the Landmarks Commission, the following projects
shall be exempt from review by the Architectural Review Board:
(1) All work to a designated landmark building or contributing structure to an
adopted Historic District; and
(2) All additions to, modifications of, alterations of, or new construction on a
landmark parcel or parcel containing a contributing structure to an adopted Historic
District.
The Landmarks Commission may refer any of these matters to the Architectural
Review Board for comment.
(b) Building Permit and Planning Application Fees. All building permit and
planning fees for administrative approval applications shall be waived for designated
landmarks, or contributing structures located in a Historic District.
(c) Certificates of Appropriateness /Administrative Approval Fees. All
certificate of appropriateness and certificate of administrative 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.
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(e) Streetscape Improvements in Historic Districts. 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.
(f) State Historical Building Code. 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.
(g) Historical Property Contracts. Designated structures of merit,
landmarks and contributing structures located in Historic Districts that are privately
owned and not exempt from property taxation 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. The City Council shall, by resolution,
approve a historical property contract with the owner of a qualified historical property,
provided that:
(1) The property has no confirmed and outstanding violations of this Code, or
any other applicable federal, state or local law, rule or regulation;
(2) The property is not subject to a tax delinquency; and
(3) All completed or ongoing alterations, construction or rehabilitation to
designated buildings or structures located on the property conform to the Secretary of
the Interior's Standards for the Treatment of Historic Properties.
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(h) Plan Check Processing. Structures designated as landmarks or
contributing buildings or structures to a Historic District shall receive priority Building
Division plan check processing.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of 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 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 22nd day of July, 2014.
Pam O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2464 (CCS) had its introduction on July 8, 2014,
and was adopted at the Santa Monica City Council meeting held on July 22,
2014, by the following vote:
Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez,
Mayor O'Connor, Mayor Pro Tern O'Day
Noes: Councilmembers: None
Absent: Councilmembers: Winterer
A summary of Ordinance No. 2464 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk