O26421
City Council Meeting: July 14, 2020 Santa Monica, California
ORDINANCE NUMBER 2642 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.56.270
TO ELIMINATE WAIVERS OF BUILDING PERMIT AND PLANNING APPLICATION
FEES FOR DESIGNATED LANDMARKS AND CONTRIBUTING BUILDINGS AND
STRUCTURES IN HISTORIC DISTRICTS
WHEREAS, historic preservation is a defining community value for the City of
Santa Monica (the “City”); and
WHEREAS, this 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
WHEREAS, the Landmark and Historic District Ordinance of the City of Santa
Monica (the “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
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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 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
that 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, Santa Monica Municipal Code (“SMMC”) Section 9.56.270 provides
additional incentives for designated historic resources, including fee waivers for building
permit and planning applications for designated Landmarks and contributing buildings or
structures in Historic Districts, fee waivers for Certificates of Appropriateness and
Administrative Approvals, application of the State Historic Building Code, priority plan
check processing, and the opportunity for property tax reduction through the Mills Act,
California Government Code Section 50280, et seq. (the “Mills Act”); and
WHEREAS, the property tax reduction available through the Mills Act is the largest
financial incentive available to Landmarks and contributing buildings and structures to
Historic Districts; and
WHEREAS, the Landmarks Ordinance prohibits any alteration, restoration,
construction, removal, relocation, or demolition, in whole or in part, of or to a Landmark
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or Landmark Parcel, or of or to a building or structure within a Historic District without first
obtaining a Certificate of Appropriateness or a Certificate of Administrative Approval; and
WHEREAS, Landmarks, Landmark Parcels, and building and structures within
Historic Districts are further subject to generally-applicable building permit and planning
application requirements; and
WHEREAS, the economic impacts of the COVID-19 pandemic have devastated
nearly all of the City’s revenue streams, including sales tax, transient occupancy tax,
parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council
directed staff to develop a plan to restructure City operations to meet the challenges
posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the
“Restructuring Plan”) to: merge the Planning and Community Development Department
and Building and Safety, City Planning, Economic Development, and Mobility divisions
into the Community Development Department, and merge the Community & Cultural
Services Department and the Housing Division into the Community Services Department;
and
WHEREAS, on June 9, 2020, the City Council received the FY 2020-21 through
FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22
Proposed Biennial Capital Improvement Program (CIP) Budget; and
WHEREAS, the FY 2020-21 Proposed Budget reflects a 23.8% percent decrease
from the FY 2019-20 Revised Budget resulting from the economic crisis caused by the
COVID-19 pandemic; and
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WHEREAS, as the community emerges from quarantine and looks to the City for
a return to service, including the continuation of programs that are being provided through
the use of one-time funds, the City will require sustainable long-term sources of revenue
to maintain and protect essential services; and
WHEREAS, the City is pursuing three approaches to address this concern,
including increasing cost recovery through fees, public-private partnerships, and revenue
tax measures; and
WHEREAS, on June 9, 2020, the City Council approved City staff’s
recommendation regarding a restructured historic preservation program as well as
several proposed fee and waiver changes designed to increase cost recovery, including
eliminating the building permit and planning application waivers for Landmarks and
contributing buildings or structures in Historic Districts; and
WHEREAS, other incentives for designated historic resources provided under
SMMC Section 9.56.270 will remain in place, including fee waivers for Certificates of
Appropriateness and Administrative Approvals and the opportunity to receive a property
tax reduction under the Mills Act; and
WHEREAS, the City now desires to amend SMMC Section 9.56.270 to eliminate
fee waivers for building permit and planning applications for Landmarks and contributing
buildings or structures in 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 9.56.270 is hereby amended
to read as follows:
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9.56.270 Preservation Incentives
A. Architectural Review Exemption.
1. 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:
a. All work to a designated landmark building or contributing
building or structure to an adopted Historic District; and
b. All additions to, modifications of, alterations of, or new
construction on a landmark parcel or parcel containing a contributing
building or structure to an adopted Historic District.
2. The Landmarks Commission may refer any of these matters to the
Architectural Review Board for comment.
B. Certificates of Appropriateness/Administrative Approval Fees. A l l
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 building or structure located in a Historic District shall be waived.
C. Parking Incentives. Any parking incentives permitted by the Zoning
Ordinance.
D. 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.
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E. 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 buildings and structures
located in Historic Districts.
F. Historical Property Contracts. Designated structures of merit, landmarks
and contributing buildings or structures located in Historic Districts that are privately
owned and not exempt from 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 Interior’s Standards for the treatment of Historic Properties.
G. 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 Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
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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:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 14th day of July, 2020.
_____________________________
Kevin McKeown, Mayor
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. 2642 (CCS) had its introduction
on June 23, 2020 and was adopted at the Santa Monica City Council meeting
held on July 14, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, McCowan, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2642 (CCS) was duly published pursuant to
California Government Code Section 40806.
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7/22/2020