SR-11-25-2014-7BCity Council Meeting: November 25, 2014
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Modifying the Landmarks Law By Eliminating the
Provision Authorizing Automatic Nullification of Petitions for Designation of
Historic Districts
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Santa Monica Municipal Code section 9.36.130 which establishes
the procedure for designating historic districts. The proposed amendment would
eliminate subsection (h) and related references. That subsection provides that a
petition for designation of a historic district may be automatically nullified by submission
of a petition in opposition to the designation signed by owners of a majority of the
property.
Executive Summary
At its meeting of October 28, 2014, Council noted the risk of losing historic resources,
which results from rising land values and other development pressures. Based on that
concern, Council directed staff to return with an ordinance amending the Landmarks
Ordinance by deleting the provision that allows owners of a majority of the property in a
proposed historic district to automatically nullify a petition for designation of the district
by filing their own petition in opposition to the designation. The attached ordinance
fulfills that direction. It would delete Municipal Code subsection 9.36.130(h) and related
references. That subsection establishes the automatic nullification procedure. If
adopted, the proposed ordinance would not preclude property owners within a proposed
district from opposing the designation; it would merely eliminate automatic nullification.
Background
The Landmarks Ordinance was originally adopted on March 24, 1976, making it one of
the first landmark ordinances in the state. From its inception, the Ordinance provided
for the designation of historic districts through a detailed public process.
On August 2, 1990, the City Council adopted an ordinance approving the Third Street
Neighborhood Historic District. And, on November 28, 2000 Council approved
designation of a second district, commonly known as The Bay St. Cluster.
In 2002, the City Council adopted the Historic Preservation Element of the General
Plan. The plan's introduction declares Santa Monica's strong commitment to historic
and explains that "the local preservation movement began as the City responded to
increased development pressures during the 1960's and 1970's."
In 2003, the City's landmarks law was amended, including the section on district
designation. The amendment included, among other things, a new requirement that
City staff conduct a community meeting on the proposed designation (to occur before
consideration by the Landmarks Commission) and a new provision establishing the
automatic nullification process.
In 2010, the Council adopted the Land Use and Circulation Element of the General Plan
( "the LUCE "). It reiterates the importance of preservation of historic resources and
neighborhood resources, such as courtyard apartments.
Since the 2003 amendment, no new historic districts have been designated. However,
there has been substantial discussion of designating additional districts, including a
courtyard district on and near the western end of San Vincente Boulevard.
Most recently, with increased development pressures, community members have
expressed concerns that if the City does not act to protect its historic resources,
including clusters of courtyard apartments, they will be lost.
PAI
Discussion
The attached proposed ordinance would amend the Municipal Code by deleting
subsection 9.36.130, the provision authorizing automatic nullification, and related
references to that provision.
This change would not eliminate property owners' rights to object to designation of
historic districts. Other subsections of section 9.36.130 would continue to ensure a full
public process by requiring ample notice, a community meeting, a public hearing before
the Landmarks Commission, and public hearing before the City Council before a district
could be designated. Thus, owners and members of the public would have multiple
opportunities to express their views and concerns, including any opposition to a district's
formation. And, the City's ability to undertake and complete the designation process
would be reinstated.
Alternatives
Instead of approving the proposed ordinance, Council could retain the present
nullification procedure, which could reduce the likelihood that new historic districts will
be formed. Or, Council could postpone consideration of revisions to the district
designation process until staff presents its recommendations for a comprehensive
update to the landmarks ordinance.
Environmental Analysis
The proposed ordinance is exempt from CEQA pursuant to CEQA Guidelines Section
15061(b)(3). This section provides that CEQA only applies to those projects that have
the potential for causing a significant effect on the environment. The proposed
ordinance does not have that possibility. Instead, the only potential impact of the
proposed ordinance is environmentally beneficial since it will reduce an impediment to
the designation of historic districts, thereby promoting the potential retention and
preservation of existing historic resources and the protection of the historic character of
the City's neighborhoods.
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Next Steps
Minor corrections and changes to the landmarks ordinance will be presented to Council
with the proposed zoning ordinance. And planning staff anticipates beginning its work
on a comprehensive update to the landmarks ordinance in the next year. Staff
anticipates that this work will include presentations to both the Landmarks Commission
and the Planning Commission.
Financial Impacts & Budget Actions
The proposed ordinance would have no direct and predictable financial impacts.
Elimination of the nullification procedure could indirectly result in additional costs to the
City if the code change encourages the filing of petitions for district designation because
the petition process could not be cut short through nullification.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
N M U
Marsh Jones outrie
City Aftdr ney
Forwarded to Council:
Rod Gould
City Manager
Attachments: Ordinance Amending Santa Monica Municipal Code Section 9.36.130
rd
City Council Meeting: November 25, 2014 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.36.130
RELATING TO THE PROCEDURES FOR DESIGNATING HISTORIC DISTRICTS
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WHEREAS, historic preservation is a defining community value in Santa Monica;
WHEREAS, the value reflects the community's consensus that the City's unique
identity and character springs from its long and rich history; and
WHEREAS, the community's present and future welfare depend, in part, upon
understanding the City's history and evolution as a unique community; and
WHEREAS, the City's historic resources are irreplaceable, tangible aspects of its
history, which must be protected against deterioration, damage, inappropriate alteration,
and demolition; and
WHEREAS, the recognition and preservation of historic resources promotes the
community's understanding of its history and sense of its special identity; and
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WHEREAS, retention and preservation of historic resources also promotes the
public health, safety and welfare by revitalizing neighborhoods and business districts,
enhancing the City's economy, improving local aesthetics, and enriching the City's
culture and aesthetic standing; and
WHEREAS, the community's long- standing recognition of the importance of
preservation is demonstrated by the fact that Santa Monica was one of the first cities in
the state to adopt a landmark ordinance; and
WHEREAS, the City's landmarks ordinance was first adopted in 1976, when a
super- charged real estate market threatened community stability and historic resources;
and
WHEREAS, the City's landmark ordinance, was adopted to: protect
improvements and areas that represent elements of the City's cultural, social, economic,
political and architectural history; safeguard the City's heritage as it is embodied and
reflected in such improvements and areas; foster civic identity and pride; protect and
enhance aesthetics and attractions; and promote the education, pleasure and welfare of
City residents and visitors alike; and
WHEREAS, the City's ongoing commitment to historic preservation was
reaffirmed in 1992, when the City became a Certified Local Government under the
provisions of the National Historic Preservation Act, and again in 2002, when the City
Council adopted the Historic Preservation Element of the General Plan; and
'r:
WHEREAS, more recently, preservation and conservation were dominant goals
embraced by adoption of the Land Use and Circulation element of the General Plan
(LUCE), in 2010; and
WHEREAS, the LUCE explains that "the most sustainable building is the one
already built "; thus, the LUCE embraces historic presentation not only for its important
role in preserving the City's character - defining features, "but also for the critical
contribution it makes in helping the community achieve its sustainability goals" and
WHEREAS, in particular, the LUCE repeatedly emphasizes the historic
significance and social value of courtyard housing in Santa Monica which tends to be
clustered in several City neighborhoods; and
WHEREAS, today, soaring land values once again threaten the City's historic
resources, including courtyard housing; and
WHEREAS, the City Council has therefore determined that the landmarks law
should be modified to reduce impediments to the designation of historic districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.36.130 is hereby amended
to read as follows:
9.36.130 Historic District designation procedure.
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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 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
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District. As Ft of this mail'Rg, City staff shall al6e inform
(c) Upon determination by City staff that an
application for designation of an Historic District is complete,
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) Any person subject to subdivision (c) of this
Section 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
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exterior 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) 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.
O Except as provided in __b_._±i___ `h) of this
Section, aA 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 shall be scheduled before the Commission
within one hundred eighty days after the application has
been determined to be complete but no sooner than forty -
five days after the public meeting held pursuant to
subsection (b) of this Section.
(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
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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.
Lhj{i3 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
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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.
Qi (4 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
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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.
I (*4 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 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.
(kj(q 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.
Q(m)
Upon the rendering of
such
decision to
designate a
Historic District, the owners
of all
real property
E
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.
Lml(44}
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.
u(-} 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 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.
Lo�{p) 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.
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fo(q} 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 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
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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:
AAd ���
MAR HA Jf S MOU RIE
City A orne
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