O2476City Council Meeting: December 16, 2014
ORDINANCE NUMBER
Santa Monica, California
2476 (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
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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
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occupants of all real property within the potential Historic
District.
(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
exterior of the structure in question or for actions which are
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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.
(f) A 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
District and to the owners and residents of all real property
within three hundred feet of the exterior boundary of the
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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.
(h) 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
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.
(i) Within forty -five days from the date the
Landmarks Commission renders a recommendation on the
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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
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.
0) 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.
(k) The City Council shall by ordinance have the
power, after a public hearing, whether at the time it renders a
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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.
(1) Upon the rendering of such decision to
designate a Historic District, the owners of all real property
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.
(m) 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.
(n) 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
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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.
(o) 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.
(p) 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
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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
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:
A� r: r
MARSHA JONES IVIOUT 1E
City Attorney
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Approved and adopted this 16th day of December, 2014.
"I
Kevin McKeown, 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. 2476 (CCS) had its introduction on November 25,
2014, and was adopted at the Santa Monica City Council meeting held on
December 16, 2014, by the following vote:
Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2476 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk