O25921
City Council Meeting: November 13, 2018 Santa Monica, California
ORDINANCE NUMBER 2592(CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVISING THE DEMOLITION PERMIT REVIEW
PROCESS RELATING TO THE PRESERVATION OF HISTORIC RESOURCES
WHEREAS, historic preservation is a defining community value for the City of
Santa Monica (the “City”); and
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, 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 City’s Landmark Ordinance was first adopted in 1976 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 and community pride; protect and
enhance aesthetics and attractions; and promote the education, pleasure and welfare of
City residents and visitors alike; and
2
WHEREAS, the City’s ongoing commitment to historic preservation was reaffirmed
in 2002 when the City Council adopted the Historic Preservation Element of the General
Plan, and again in 2010 when the City adopted the Land Use and Circulation Element of
the General Plan (“LUCE”); and
WHEREAS, in 2015, the City adopted a comprehensive Zoning Ordinance Update
which emphasized the City’s historic preservation priorities by including enhanced
protections and incentives for designated historic resources and potential historic
resources throughout the City; and
WHEREAS, reviewing buildings or structures 40 years of age or older to identify,
evaluate and preserve historic resources before they are lost to demolition is an essential
component of the City’s historic preservation program; and
WHEREAS, Santa Monica Municipal Code Chapter 9.25 sets forth a process for
review of such buildings or structures by the Landmarks Commission and provides that
no demolition of such buildings or structures shall be permitted for a period of 75 days
during which time an application for Landmark, Structure of Merit, or Historic District may
be filed; and
WHEREAS, the City recently began a review of the demolition permit review
process, in part due to developments in judicial guidance; and
WHEREAS, the City’s ongoing review of the demolition permit process and
evolutions in judicial guidance necessitated that the Landmarks Commission temporarily
forego reviewing demolition permits (the “suspension”); and
3
WHEREAS, since 2016, the City has received an average of 100 demolition permit
applications per year, all of which require review to determine potential historic
significance to ensure the City’s cultural heritage and history are preserved; and
WHEREAS, it is anticipated that the City will continue to re ceive demolition permit
applications at a similar rate; and
WHEREAS, since the suspension, at least 48 applications for demolition permits
have been received, processed, and approved without any formal public review to
determine potential historic significance and the necessity of preservation; and
WHEREAS, this lack of review seriously impacts the City’s multi-decade effort to
scrupulously preserve and protect each of its historic resources; and
WHEREAS, during the suspension, the public, most prominently neighborhood
groups and other nonprofit organizations, have been thrusted into taking on an increased
role in identifying potential historic resources; and
WHEREAS, while this increased role has enhanced civic engagement and
awareness in the City’s historic preservation program , such a shift in responsibility results
in a less public and deliberative process for identification, evaluation and preservation of
historic resources; and
WHEREAS, even a single unintended demolition of a historic resource seriously
and irreparably harms the public welfare; and
WHEREAS, accordingly, there exists a current and immediate threat to the public
health, safety and welfare due to the suspension of the City’s ability to properly identify,
evaluate and preserve historic resources before they are lost to demolition; and
4
WHEREAS, the City desires to immediately adopt a revised process that
adequately protects the City’s precious historic resources, retains a role for the
Landmarks Commission, maintains a high level of transparency and public participation,
ensures clarity for property owners, balances City resources across the historic
preservation program, and complies with all relevant legal requirements; and
WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to
preserve public peace, health, safety and welfare as it will ensure that buildings or
structures over 40 years of age are properly reviewed in accordance with the City’s
established goals of safeguarding the City’s historic, aesthetic and cultural heritage.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Effect on Previously Approved Projects and Projects in Progress.
The following projects that would otherwise be subject to the revised process set forth in
this Interim Zoning Ordinance shall have a vested right to proceed without complying
with this Interim Zoning Ordinance:
(a) Development Agreement. Development in accordance with the terms
and conditions of a development agreement that (i) includes specific provisions related
to demolition of buildings or structures that would otherwise be subject to review under
this Chapter 9.25 and (ii) has been approved by the City Council pursuant to Chapter
9.60 of the Municipal Code, or predecessor legislation, prior to the effective date of this
Interim Zoning Ordinance.
5
(b) Demolition Permit Application. Any demolition permit application
determined complete on or before the effective date of this Interim Zoning Ordinance.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code section
9.25.040 shall be revised, and sections 9.25.042, 9.25.044, and 9.25.046 shall be
added, as follows:
9.25.040 Requirements
The City shall not approve the demolition of any building or structure unless the
applicant has complied with all of the following conditions:
A. A removal permit has been granted by the Rent Control Board, when
required.
B. For multi-unit dwelling structures or structures within a Neighborhood
Conservation Overlay District, the final permit to commence construct ion for a
replacement project has been issued, or the building or structure is exempt from this
requirement pursuant to Section 9.25.020 and a. A property maintenance plan has been
approved in writing by the Director.
C. Prior to filing an application for a demolition permit, a notice of intent to
demolish in a form provided by the Director has been prominently posted on the
property.
D. A Certificate of Appropriateness or Economic Hardship has been
approved by the Landmarks Commission or City Council on ap peal, for demolition of
any City-Designated Historic Resource.
E. In addition to any other requirements imposed by this Section, no demolition
of a building or structure buildings or structures, the original permit for which was issued
6
more than 40 years before the date of filing of the demolition permit application, shall be
permitted unless the following requirements are have been met:
1. W ithin 75 days of the City’s receipt of the complete demolition
permit application for such a building or structure:
a. The Landmarks Commission declines to proceed with further
review of the demolition permit application pursuant to Section 9.25.042;
and
b. No person files an application pursuant to Section 9.25.044
seeking to designate the building or structure as a City-Designated
Historic Resource; or
2. The City makes a final determination that the building or structure
does not merit designation as a City-Designated Historic Resource pursuant to
Section 9.25.046 or Section 9.56.130.
F. No planning application subject to review by the Planning
Commission, Architectural Review Board, or Zoning Administrator, shall be
accepted for filing unless the applicant has satisfied completed the requirements
of subsection E, as applicable.1. Within 7 days of receipt of all filing materials
for a demolition permit for such structures, the City shall transmit a copy of such
application to each member of the Landmarks Commission. Filing materials shall
consist of a completed application form, site plan, 8 copies of a photograph of the
building, and photo verification that the property has been posted with a notice of
intent to demolish.
7
2. If no application for the designation of a structure of merit, a landmark
or a historic district is filed in accordance with Chapter 9.56 within 75 days from
receipt of a complete application for demolition, demolition may be approved
subject to compliance with all other legal requirements, including this Section.
3. If an application for a landmark, a historic district, or a structure of
merit is filed in accordance with Chapter 9.56 within 75 days from receipt of a
complete application for demolition, no demolition permit may be issued until
after a final determination is made by the Landmarks Commission, or the City
Council on appeal, on the landmark, historic district, or structure of merit
designation application. The application shall be processed in accordance with
the procedures set forth in Chapter 9.56.
a. The 75-day period can be extended by the property owner by
written consent.
b. No landmark, structure of merit, or historic district application can
be filed after the 75-day period has expired unless the demolition permit
expires.
9.25.042 Historic Resources Preliminary Review Hearing
The Landmarks Commission shall hold a public hearing to conduct preliminary
review of any complete demolition permit application that proposes to demolish a
building or structure for which the original permit was issued more than 40 years before
the date of filing of the demolition permit application . This hearing shall be held in
accordance with the following requirements:
8
A. A copy of the filing materials for the demolition permit, consisting of a
completed application form, site plan, photograph (s) of the building or structure, and
photo verification that the property has been posted with a notice of intent to demolish ,
shall be transmitted to each member of the Landmarks Commission prior to the hearing.
B. At the conclusion of the preliminary review hearing, or any continuation
thereof, the Landmarks Commission shall determine whether there is credible evidence
in the record to proceed with a further public hearing to determine whether the building
or structure meets the criteria for a Landmark or Structure of Merit. A determination to
proceed with a further public hearing pursuant to this Section shall not be considered a
determination of whether the building or structure meets the criteria for a Landmark or
Structure of Merit.
C. Th e preliminary review hearing, or continuation thereof, must be
completed within 75 days of receipt of a complete demolition permit application. The
owner of the building or structure may agree to extend the time allowed for the hearing.
D. If the Landmarks Commission determines that there is no credible
evidence that the building or structure merits designation as a Landmark or Structure of
Merit, or if the Landmarks Commission fails to make any determination within the 75-
day period, the requirement of Section 9.25.040(E)(1)(a) shall be deemed satisfied.
E. The Landmarks Commission’s determination under subsection D, or its
failure to make such a determination within 75 days, shall not be subject to
administrative appeal.
F. If the Landmarks Commission determines that there is credible evidence
to conduct a further hearing for potential designation of the building or structure as a
9
Landmark or Structure of Merit, a public hearing shall be scheduled before the
Landmarks Commission pursuant to Section 9.25.046.
9.25.044 Historic Resources Designation Application
W ithin 75 days of the City’s receipt of a complete demolition permit application
for the demolition of a building or structure, the original permit for which was issued
more than 40 years before the date of filing of the demolition permit application, and
provided that the City has not previously determined that there is credible evidence in
the record to proceed to a hearing pursuant to Section 9.25.046, any person may file an
application on a form furnished by the Director to:
A. Designate the building or structure as a Landmark or Structure of Merit in
accordance with the procedures set forth in Section 9.25.04 6; or
B. Form or amend a Historic District to include the building or structure
proposed for demolition in accordance with the procedures set forth in Section 9.56.130
of this Code.
9.25.046 Historic Resources Designation Hearing
If an application for designation as a Landmark or Structure of Merit is filed within
75 days of receipt of a complete demolition permit application, or if the Landmarks
Commission determines that there is credible evidence to conduct a hearing for
potential designation of a building or structure as a Landmark or Structure of Merit, the
City shall conduct further review as follows:
A. The hearing shall be scheduled within 100 days of the preliminary
determination made by the Landmarks Commission under 9.25.042(F), or the filing of a
complete application for Landmark or Structure of Merit under 9.25.044(A). The owner
10
of the building or structure may agree to extend the time period allowed for the
Landmarks Commission to conduct the public hearing.
B. The Director shall conduct an evaluation of the building, structure or
property and shall make a recommendation to the Landmarks Commission, to be
reviewed at a Commission public hearing, as to whether the building or structure merits
designation as a Landmark or Structure of Merit.
C. Notice of the date, time, place and purpose of the Commission public
hearing shall be given not more than twenty days and not less than ten days prior to the
date of the hearing, as follows:
1. By at least one publication in a daily newspaper of general
circulation; and
2. By mail to the demolition permit applicant, the owner of the building
or structure, if not the same as the demolition permit applicant, all owners and
residential and commercial tenants of all real property within three hundred feet
of the exterior boundaries of the lot or lots on which the building or structure is
situated, and to residential and commercial tenants of the building or structure,
using for this purpose the names and addresses of such owners as are shown on
the records of the Los Angeles County Assessor. The address of the residential
and commercial tenants shall be determined by visual site inspection or other
reasonably accurate means. 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 Landmarks
Commission’s review of the demolition permit a pplication.
11
C. At the conclusion of the public hearing, or any continuation thereof, the
Commission shall determine whether the building or structure meets the criteria for
designation as a Landmark, as set forth in Section 9.56.100 of this Code, or Structure of
Merit, as set forth in Section 9.56.080 of this Code, as follows:
1. Any decision regarding the potential designation must be rendered
within 35 days of the date set for the initial public hearing.
2. If the Landmarks Commission determines that the building or
structure merits designation as a Landmark, then the building or structure shall
be so designated as a Landmark, and it shall be automatically determined that
the building or structure does not merit designation as a Structure of Merit. The
Landmarks Commission shall have the power to define and describe an
appropriate Landmark Parcel in order to protect and preserve the resource, and
to designate public spaces in accordance with Section 9.56.110 of this Code.
3. If the Landmarks Commission determines that the building or
structure merits designation as a Structure of Merit, then the building or structure
shall be so designated as a Structure of Merit, and it shall be automatically
determined that the building or structure does not merit designation as a
Landmark.
4. If the Landmarks Commission fails to take action regarding the
potential designation of a Landmark or Structure of Merit within the thirty-five day
period, it shall be automatically determined that the building or structure does not
merit designation as a Landmark or Structure of Merit.
12
5. The owner of the building or structure may agree to extend the time
period for the Landmarks Commission to conclude the public hearing.
6. An appeal to the City Council of an action taken or failure to act by
the Landmarks Commission pursuant to this Section shall be processed in
accordance with Section 9.56.180 of this Code.
E. The Landmarks Commission shall have the power, after a public hearing,
whether at the time it renders a decision to designate a building or structure as a
Landmark or Structure of Merit, or at any time thereafter, to specify the nature of any
alteration, restoration, construction, removal, relocation or demolition of or to a
Landmark, Landmark Parcel or Structure of Merit which may be performed without the
prior issuance of a Certificate of Appropriateness pursuant to Chapter 9.56. The
Landmarks Commission shall also have the power, after a public hearing, to amend,
modify or rescind any designation decision and any specifications made pursuant to this
paragraph.
F. Subject to the appeal rights set forth in this Section, a decision of the
Landmarks Commission to designate a building or structure as a Landmark or Structure
of Merit shall be in full force and effect from and after the date of the rendering of such
decision by the Landmarks Commission.
G. Within thirty-five days after a decision has been rendered, the Landmarks
Commission shall approve a statement of official action which shall include:
1. A statement of the applicable criteria and standards against which
the building or structure was reviewed for designation;
13
2. A statement of the facts that establish compliance or non-
compliance with each applicable criteria and standards ;
3. The reasons for a determination to approve or deny the application;
and
4. The decision to deny or approve with or without conditions and
subject to compliance with applicable standards.
The official owner of the designated Landmark or Structure of Merit shall be provided
with a copy of the statement of official action using for this purpose the name and
address of such owner as is shown in the records of the Los Ang eles County Assessor.
H. Whenever the Landmarks Commission or the City Council on appeal
determines, through action or inaction, that a building or structure reviewed pursuant to
this Section does not merit designation as a Landmark or Structure of Merit, no
application seeking designation as a City-Designated Historic Resource containing
substantially the same information shall be filed , nor shall the building or structure be
subject to the review set forth in Section 9.25.042 or 9.25.046, within five years of the
date of the final City decision. However, if significant new information is available, the
Landmarks Commission, may waive the time limit by resolution. In addition, an
application of the owner of the building or structure seeking designation as a City-
Designated Historic Resource may be submitted and considered notwithstanding this
five-year limitation period.
SECTION 3. In accordance with CEQA Guidelines Section 15061(b)(3), this
Interim Zoning Ordinance is exempt from CEQA as it can be seen with certainty that the
proposed ordinance does not have the potential to significantly impact the environment.
14
Th is Interim Zoning Ordinance represents a temporary change to procedures for review
of demolition permits for buildings over 40 years of age in order to identify and protect
historic resources. Thus, this Interim Zoning Ordinance has no potential to cause a
significant effect on the environment.
SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix
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 5. 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 6. This Ordinance is declared to be an urgency measure necessary for
preserving the public peace, health, safety or welfare, adopted pursuant to the provisions
of Section 615 of the Santa Monica City Charter. As set forth in the findings above and
in the November 13, 2018 staff report, this Ordinance is necessary for preserving the
public peace, health, safety, and welfare. As an urgency measure, this Ordinance will be
effective immediately upon adoption.
SECTION 7. 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
15
newspaper within 15 days after its adoption. This Ordinance shall become effective
immediately upon adoption.
SECTION 8. This Ordinance shall be of no further force or effect sixty days from
its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal
Code Section 9.46.090.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Approved and adopted this 13th day of November, 2018.
_____________________________
T e d W i n t e r e r , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2592 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on November 13,
2018, by the following vote:
AYES: Councilmembers McKeown, Vazquez, O’Day
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers Himmelrich, O’Connor
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk D a t e
A summary of Ordinance No. 2592 (CCS) was duly published pursuant to California
Government Code Section 40806.
Ted Winterer (Nov 25, 2018)
Ted Winterer
Nov 28, 2018