O2064
f:\atty\muni\laws\barry\landmarksordrevision-1 . wpd
City Council Meeting 2-11-03 Santa Monica, California
ORDINANCE NUMBER 2064 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S LANDMARKS AND HISTORIC DISTRICTS ORDINANCE
TO CLARIFY THE LANDMARK COMMISSION'S JURISDICTION AND THE
STANDARD FOR REVIEWING CERTIFICATES OF APPROPRIATENESS, TO MAKE
PROCEDURAL CHANGES TO THE PROCESS FOR REVIEWING LANDMARK
AND HISTORIC DISTRICT APPLICATIONS, TO MODIFY THE PROCESS FOR
DESIGNATING A STRUCTURE OF MERIT, AND TO PROVIDE ADDITIONAL
INCENTIVES FOR DESIGNATED HISTORIC PROPERTIES
WHEREAS, the City of Santa Monica has a rich history and significant aspects of
that history need to be recognized and preserved; and
WHEREAS, preservation of historic resources is important to promote the public
health and safety and the economic and general welfare of the people of Santa Monica;
and
WHEREAS, well-preserved and retained historic resources are essential to maintain
and revitalize the City and its neighborhoods; and
WHEREAS, the preservation and continued use of historic resources are effective
tools to sustain and revitalize neighborhoods and business districts within the City; and
WHEREAS, the City's historic structures, sites and other resources are irreplaceable
and need to be protected from deterioration, inappropriate alterations, demolition and
damage; and
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WHEREAS, ~ OfSanta+nica'S historic~rces ehhancesthe City's
economic, cultural &net aestQItfc. standing, ~ iden1fty, and its ~rb8n character; and
WHEREAS, on November 19, 200* and onDecem~r 2,2002, the Landmarks
Commissionhelrl speciat m8l1ingstod~ and propose a.ments to the landmark
Ordinance which \foU1d clarify the l~ __ and .. landmarks Commission
jurisdictiOn, expand. property owners' p~ in the ~tion 'process, provide
additional incentives to benefit landmark ~ owners, 8r1ct further.the goais of the
recently adopted Historic Preservation E~ement; and
WHEREAS.theCommlssion's~were~ibth.CityCouncil
at its December 10, 2002 Council meeting; and
WHEREAs, on December 17, 2002~ the City Council~irectedpreparation of an
ordinance amending the City's landmark and Historic District Ordinance based on the
recommendations presented in the landmarks Commission's recommendations,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS
SECTION 1 Santa Monica Municipal Code Section 9.36.030 is hereby amended
to read as follows:
Section 9.36.030 Definitions.
As used in this Chapter, the following words and phrases shall have
the meaning set forth herein, unless it is apparent from the context that a
different meaning is intended
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Certificate of Appropriateness: A certificate issued by the
Landmarks Commission approving such plans, specifications, statements of
work, and any other information which is reasonably required by the
Landmarks Commission to..make..~ decision on any ~sed alteration,
restoration, construction, removal, relocation or demolition, in whole or in
part, of or to a Structure of Merit, Landmark or Landmark Parcel, or to a
building or structure within a Historic District.
Contributing Building or Structure: A building or structure which
has been identified by the Landmarks Commission as one which contributes
to the designation of an area as a Historic District.
Exterior F eatu res: The architectural style, design, general
arrangement, components and natural features or all of the outer surfaces
of an improvement, including, but not limited to, the kind, color and texture
ofthe building material, the type and style of all windows, doors, lights, signs,
walls, fences and other fixtures appurtenant to such improvement, and the
natural form and appearance of, but not by way of limitation, any grade, rock,
body of water, stream, tree, plant, shrub, road, path, walkway, plaza,
fountain, sculpture or other form of natural or artificial landscaping.
Historic District: Any geographic area or noncontiguous grouping of
thematically related properties which the City Council has designated as and
determined to be appropriate for historical preservation pursuant to the
provisions of this Chapter.
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Improvement: Any building, structure, place, site, work of art,
landscape feature, plantlife, life-form, scenic condition or other object
constituting a physical betterment of real property, or any part of such
betterment.
Landmark: Any improvement which has been designated as and determined
to be appropriate for historical preservation by the Landmarks Commission, or by
the City Council on appeal, pursuant to the provisions of this Chapter.
Landmark Parcel: Any portion of real property, the location and
boundaries as defined and described by the Landmarks Commission, upon
which a Landmark is situated, which is determined by the Landmarks
Commission as requiring control and regulation to preserve, maintain, protect
or safeguard the Landmark.
Secretary of Interior Standards: The Secretary of the Interior
Standards for Treatment of Historic Properties published by the U.S,
Department of the Interior found at 36 C.F.R. 68.3 as it may be amended
from time to time.
Structure Of Merit: Any improvement which has been designated as
and determined to be appropriate for official recognition by the Landmarks
Commission pursuant to the provisions of this Chapter.
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SECTION 2. Santa Mohica ~ Code Section 9.~.060 is hereby amended
to read as follows:
Section 9.36.060 Powers.
In addition to any other powers set forth in this Chapter, the
Landmarks Commission shall have the power to:
(a) Designate Structures of Merit, Landmarks and Landmark Parcels.
and to make any preliminary or supplemental designations, determinations
or decisions, as additions thereto, in ord er to effectuate the pu rposes of this
Chapter. Except as provided in s+" 9.36.110. the ~esignation of any
improvement as a Structure of Merit, Landmark, or Contributing Building or
Structure shall only include the exterior features of the improvement and
shall not include any portion of its interior space.
(b) Conduct studies and evaluations of applications requesting the
designation of a Historic District, make determinations and recommendations
as such appropriateness for consideration of such applications, and make
any preliminary or supplemental designations, determinations or decisions.
as additions thereto, in order to effectuate the purposes of this Chapter.
(c) Regulate and control the alteration, restoration, construction,
removal, relocation or demolition, in whole or in part, of or to a Structure of
Merit, a Landmark or Landmark Parcel, or of or to a building or structure
within a Historic District, and make any preliminary or supplemental
designations, determinations, decisions, as additions thereto, in order to
effectuate the purposes of this Chapter.
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(d) Adopt, promulgate, amend, and rescind, from time to time, such
rules and regulations as it may deem necessary to effectuate the purposes
of this Chapter.
(e) Maintain a current listing and description of designated Structures
of Merit, Landmarks and Historic Districts,
(f) Provide fori a suitable sign, plaque or other marker, at public or
private expense, on or near a Landmark or Historic District, indicating that
the Landmark or Historic District has been so designated. The sign, plaque
or other marker shall contain information and data deemed appropriate by
the Commission, and Ithe placement of such shall be mandatory in the case
of a Landmark held open to the public use, and shall be at the discretion of
the owner of the Landmark in the case of a Landmark not held open to the
public use,
(g) Certify and/or ratify applicable environmental documents, or when
acting in an advisory capacity only, recommend certification or ratification of
environmental documents, in accordance with the California Environmental
Quality Act or the National Environmental Policy Act.
(h) Evaluate and comment upon proposals and environmental reviews
pending before other public agencies affecting the physical development,
historic preservation and urban design in the City.
SECTION 3. Santa Monica Municipal Code Section 9.36.090 is hereby amended
to read as follows:
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SectIOn. ....eeo Structure ~'Merit d~. procedure.
Structures of Merit shalt be"ignated by the Landmarks Commission
in accordance with the following procedure:
(8) Any person may request~e d~ of an improvement as a
Structure of Merit by property f"'~ with'the Directbrof Planning an
appfication for such designation or a form furnished by the Planning
Department. Additionally, the ~ionmay file ani application for the
designation of a Structure of Merit on its own motion. Within thirty days of
filing ,a Structure of Merit, design.p application. the ~ owner and
tenants of the subject proper1yshall.t>e notIIed of the afi)plication filing,
(b) Upon determination that an application for designation of an
improvement as a structure of merit is complete, removal or demolition, in
whole or in part, of or to a proposed Structure of Merit is prohibited, and no
permit issued by any City Department, Board or Commission including, but
not limited to, a conditional use permit, a tentative tract map, or tentative
parcel map permit, a development review permit, any Zoning Administrator
permit, architectural review, rent control permit, or building permit,
authorizing any such removal or demolition shall be granted while any action
on the application is pending
(c) The Director of Planning shall conduct an evaluation of the
proposed designation and shall make a recommendation to the Commission
as to whether the structure merits such designation. A public hearing to
determine whether the structure merits such designation shall be scheduled
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before the Landmarks Commission within ninety days of the determination
that the application is complete.
(d) Not more than twenty days and not less than ten days prior to the
date scheduled for a 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, owner
of the improvement, and to all owners and occupants of all real property
within three hundred feet of the exterior boundaries of the lot or lots on which
a proposed Structure of Merit is situated, 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.
(e) No later than ninety days from the determination that the
application is complete, the Commission shall approve, in whole or in part,
or disapprove the application for the designation of a Structure of Merit. If the
Commission fails to take action on the application for the designation of a
Structure of Merit at the conclusion of the public hearing, the application for
such designation shall be deemed disapproved, and it shall be the duty of
the Director of Planning to certify such disapproval.
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(f) The decision of tf:le ~ssion shall be in ~ng and shall state
the findings of fact and reasons reli~. upon to reach th~ d~.d......
.... ....1 be filed with the Dir~ of Planning.
(g) Upon the rendering of a defision to designate. Structure of Merit,
the owner. of the designated Strucfture of Me. Sha~1 be given written
notfftcation of such designation by uie ~. usirg for this purpose
the name and address of such oWnefas is shown in the I records of the City
Clerk.
(h) Subject to other provisions of this Section and Section 9.36.180 of
this Chapter, a decision of the Commission to designate a Structure of Merit
shall be in full force and effect from and after the date of the rendering of
such decision by the Commission.
(i) The Commission shall have the power, after a public hearing, to
amend, modify, or rescind any decision to designate a Structure of Merit and
to make any preliminary or supplemental designations, determinations or
decisions, as additions thereto.
U) The Commission shall determine the instances in which cases
scheduled for public hearing may be continued or take 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.
(k) Whenever an application forthe designation of a Structure of Merit
has been disapproved or deemed disapproved by the Commission, no
application which contains the same or substantially the same information as
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th80neWhich hasbeen~shalberetUbm~ to or reconsidered
by the CommissiOn or City Councillwithin a period of lfive years ",In the
eff", date of the final action utfn such prior apptption. 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 ~ to be fiI~d.Jn addition. an
application by the owner ofthe.~ proposed fQr Structure of Merit
deSignation maybe reSubmitted or ~ ~nding said five
year time period.
(I) If an improvement is designated as a Structure of Merit because
the improvement contributes to a potential Historic District, this designation
shall remain in full force and effect only if within ninety (90) days from the
date of designation, either by the Landmarks Commission or by the City
Council on appeal, an application for designation of an Historic District has
been filed pursuant to Section 9.36.130 which would include the Structure of
Merit within its area If an Historic District application is timely filed, the
Structure of Merit designation shall remain in full force and effect during the
Historic District designation process. If an application for designation of an
Historic District is not timely filed or an Historic District is not designated in
accordance with Section 9.36.130, then the Structure of Merit designation
shall be automatically nullified without any action required by the
Commission.
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SECTION 4. Santa MonIcaUu"*, Code Section 9.~.1201$ hereby amended
to read as follows:
Section 9.36.120 Landmark designation procedure.
Laridmarks shall be designafed by the L8nd~rks CommissiOn i~
accordance with the following procedure:
(8) Any pedOn Of the Citylmay request the ldesignation of an
improvement as a Landmark by properly filing with the Director of Planning
an appIicaIfon~for such designatioftlOn a form fumis~ by the Planning
0ep8rtment. AddfIfoftaIIy,the ~is8ion may file an lapplication for the
designation of a Landmark on its 0+ motion. Within ~rty days of filing a
landmark designation application, the property owner and tenants of the
subject property shall be notified of the filing of such application
(b) Upon determination by City staff that an application for designation of an
improvement as a Landmark is complete, any alteration, restoration, construction,
removal, relocation or demolition, in whole or in part, of or to a proposed Landmark
or Landmark Parcel is prohibited, and no permit issued by any City Department,
board or commission, including, but not limited to, a conditional use permit, a
tentative tract map ortentative parcel map permit, a development review permit, any
Zoning Administrator permit, Architectural Review Board approval, certificate of
appropriateness 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.
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(c) The Director of Planning shall conduct an evaluation of the
proposed designation and shall make a recommendation to the Commission
as to whether the improvement merits designation. A public hearing to
determine whether the improvement merits designation shall be scheduled
before the Landmarks Commission within sixty five days of the determination
that the application is complete,
(d) Not more than twenty days and not less than ten days prior to the
date scheduled for a 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, owner
of the improvement, and to all owners and residents of all real property within
three hundred feet of the exterior boundaries of the lot or lots on which a
proposed Landmark is situated, 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.
(e) 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 approve, in whole or in part, or disapprove the
application for the designation of a Landmark, and define and describe an
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appropriate Landmark Parcel. If the Commission fails to take action on the
application for the designation of a Landmark 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.
(f) The decision of the Commission 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 Director of Planning.
(g) The Commission shall have the power, after a public hearing,
whether at the time it renders such decision to designate a Landmark or at
any time thereafter, to specify the nature of any alteration, restoration,
construction, removal, relocation or demolition of or to a Landmark or
Landmark Parcel which may be performed without the prior issuance of a
certificate of appropriateness pursuant to this Chapter. The Commission
shall also have the power, after a public hearing, to amend, modify or rescind
any specification made pursuant to the provisions of this subsection.
(h) Upon the rendering of such decision to designate a Landmark, the
owner of the designated Landmark shall be given written notification of such
designation by the Commission, using for this purpose the name and
address of such owner as is shown in the records of the City Clerk.
(i) Subject to other provisions of this Section 9.36.120 and Section
9.36.180 of this Chapter, a decision of the Commission to designate a
Landmark shall be in full force and effect from and after the date of the
rendering of such decision by the Commission.
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U) The Commission shall have the power, after a public hearing, to
amend, modify or rescind any decision to designate a Landmark or
Landmark Parcel and to make any preliminary or supplemental designations,
determinations or decisions, as additions thereto.
(k) The Commission 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.
(I) Whenever an application for the designation of a Landmark has
been disapproved or deemed disapproved by the Commission, or by the City
Council on appeal, 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 the owner of the subject improvement proposed
for Landmark designation may be resubmitted or reconsidered
notwithstanding said five year time period.
SECTION 5. Santa Monica Municipal Code Section 9.36.130 is hereby amended
to read as follows:
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Sedoft...t....or-ac .......d.Si9~ "....,..
HiItoric 0IstrictI shalt b$~ed bytheCity~ncilin accordance
with the following proced.ure:
(_Any pen,on may request~ design8tion.of ah area as a Historic
DiaI~ byPJQPedyllingwith the+OU'teR~1ing an ~ for such
designation on a form furnished by the Planning Department. Additionally,
the Laftdmafb1:ommission maytte\-~ for~e designation of a
Historic District on its own motion.
.(b)Nolatetihaft sixty .,.at+the ~ for thedesjgnation of
a Historic District is determined to be complete, City staff shall conduct a
pubHcneliFlgtDdiscuIs the ~ di8tdct'dl~, including but not
limited to, the designation process, the effect of designation on future
property development, and the benefits of designation. The Landmarks
Commission may request that City staff conduct this public meeting prior to
the Landmark Commission's determination to file an application on its own
motion. No more than twenty days and not less than ten days prior to the
date scheduled for the public meeting, notice of the date, time, place, and
purpose thereof shall be given by at least one publication in a daily
newspaper of general circulation, and shall be mailed to the applicant, and
to all owners and occupants of all real property within the potential Historic
District. As part of this mailing, City staff shall also inform property owners
within the potential Historic District of their right to file a petition pursuant to
subsection (h) of this Section to nullify a designation application.
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(C)Upondetemtinetionltt~""an~ fot<te$ignation
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 Section 9.36.130(c) 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 ofthe 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 ofthe application for
consideration by the Commission.
(f) Except as provided in subsection (h) of this Section, a hearing to
determine whether to recommend to the City Council that the application for
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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 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) The application for the designation of a Historic District shall be
automatically nullified if a petition opposing the designation is signed by
owners of a majority of the properties to be located within the proposed
district and filed with the Commission Secretary prior to the commencement
of the Commission hearing on the application The City shall make available
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official petition forms which shall be utilized by property owners to meet the
requirements of this subsection (h). Only one signature per property may be
submitted on a petition filed pursuant to this subsection.
(i) At the conclusion of a public hearing, or any continuation thereof,
but in no case more than forty-five days from the date setforthe 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 offact 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.
U) 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 forthe designation ofthe 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
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District within the forty-five ~* tjm&period. the appfieatict>n for such
. I . I
, I I
designation shaH'be deemed, c.r"rovecl~ and it shall be the duty of the City
Clerk to certify such disapproval
(k) The decisiori of the C~~OUnci' to approve the application for the
I I
designatiOn of a Ili8toricD~.1 inwhclle or in part. by ordinance. or to
.' I !
disapprove the~n in ~ e~et.ybymotion. shall be in writing and
. I I .
. I
shall.tate the firic:tinfIS Offact.~ r~~upon to reach the decision.
and such decision shall be filed with the City Clerk
(I) The City CoUncil shaJI 'Y ~~'h.e the 'power. a.er a public
hearing. whether at the time it ~+ers.' a<decisiOn to designate! a Histori~
DistFfct or at any time thereettef. ~ .ecffy;the'~te of any!alteration,
restoration, construction, removal, relocation or demolition of or to a building
or structure within a Historic District wh ich may be performed without the
prior issuance of a certificate of appropriateness pursuant to this Chapter.
The City Cou~ciI shaH 'by Ordin~+ aItO'tuPJe the p(>Wer after a public
hearing to amend, modify or rescind any specification made pursuant to the
provisions of this subsection
(m) 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.
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(n) 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.
(0) 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.
(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.
(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
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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 6. Santa Monica Municipal Code Section 9.36.140 is hereby amended
to read as follows:
Section 9.36.140 Alterations and demolitions: Criteria for issuance of
a certificate of appropriateness.
For purposes of this Chapter, the Landmarks Commission, or the City
Council on appeal, shall issue a certificate of appropriateness for any proposed
alteration, restoration, construction, removal, relocation, demolition, in whole or in
part, of or to a Landmark or Landmark Parcel, or of or to a building or structure
within a Historic District if it makes a determination in accordance with anyone or
more of the following criteria.
(a) In the case of any proposed alteration, restoration, removal or
relocation, in whole or in part, of or to a Landmark or to a Landmark Parcel,
the proposed work would not detrimentally change, destroy or adversely
affect any exterior feature of the Landmark or Landmark Parcel upon which
such work is to be done.
(b) In the case of any proposed alteration, restoration, construction
removal or relocation, in whole or in part, of or to a building or structure within
a Historic District, the proposed work would not be incompatible with the
exterior features of other improvements within the Historic District, not
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sttlersely sffect'theQlSll8cterof tbeHi.Of'IQ.~Ict,,,which . SUch Hietoric
District was deIignated,or not[be~ with sueh further standards
as may be embodied in the ordinance designating such Historic District. For
any proposed work to any building or structure whose exterior features are
not already compatible with the exterior features of other improvements
WithIn,,, Hi"~, _sonabl..", ~ rriade to produce
compatibility, and in no event shall there be a greater deviation from
compatibility.
(c) In the case of any proposed construction of a new improvement
upon a Landmark Parcel, the exterior features of such new improvement
would not adversely affect and not be disharmonious with the exterior
features of other existing improvements situated upon such Landmark
Parcel.
(d) The applicant has obtained a certificate of economic hardship in
accordance with Section 9.36.160.
(e) The Commission makes both of the following findings:
(1) That the structure does not embody distinguishing architectural
characteristics valuable to a study of a period, style, method of construction
or the use of indigenous materials or craftsmanship and does not display
such aesthetic or artistic quality that it would not reasonably meet the criteria
for designation as one of the following: National Historic Landmark, National
Register of Historic Places, California Registered Historical Landmark, or
California Point of Historical Interest.
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(2) That the conversion of the structure into a new use permitted by
right under current zoning or with a conditional use permit, rehabilitation, or
some other alternative for preserving the structure, including relocation within
the City, is not feasible.
(f) In the case of any proposed alteration, restoration, removal or
relocation, in whole or in part, to interior public space incorporated in a
landmark designation pursuant to Section 9.36.110, the proposed work
would not detrimentally change, destroy or adversely affect any interior
feature of the landmark structure.
(g) The Secretary of Interior's Standards shall be used by the
Landmarks Commission in evaluating any proposed alteration, restoration
or construction, in whole or in part, of or to a Landmark, Landmark Parcel,
or to a Contributing Building or Structure within a Historic District.
SECTION 7. Santa Monica Municipal Code Section 9.36.150 is hereby amended
to read as follows:
Section 9.36.150 Certificate of appropriateness for structures of
merit.
(a) A certificate of appropriateness shall not be required for the
alteration, restoration, construction or relocation of a Structure of Merit.
However, the Architectural Review Board or the Planning Commission shall
take into consideration the fact that the building has been designated a
Structure of Merit in reviewing any permit concerning such structure.
23
(b) Application for a certificate of appropriateness for the demolition
of a Structure of Merit shall be made on a form furnished by the Planning
Division. An application shall be processed in accordance with the same
procedures set forth in Sections 9.36.170 and 9.36.180 of this Code and
shall be reviewed in accordance with the standards set forth in Section
9.36.140.
(c) In an effort to agree to a means of historically preserving a
Structure of Merit proposed for demolition, the Landmarks Commission shall
have the following powers:
(1) During a one hundred and eighty day time period commencing
from proper filing of an application for certificate of appropriateness, the
Commission may negotiate with the owner of a Structure of Merit, or with any
other parties, in an effort to agree to a means of historically preserving the
designated property. The negotiations may include, but are not limited to,
acquisition by gift, purchase, exchange, condemnation or otherwise of the
Structure of Merit.
(2) Notwithstanding any of the foregoing, the Commission shall have
the power to extend the required one hundred and eighty day time period to
a duration not to exceed a three hundred and sixty day time period in any
case where the Commission determines that such an extension is necessary
or appropriate forthe continued historical preservation of a Structure of Merit.
24
seCTI<lN 8. Sant8MoAitaMu#aJCode Section 9.36.170 is hereb,arnended
to read as follows:
Section 9.36.170 Certificate of appropriateness/certificate of
economic hardship procedure.
An application for a certificate of appropriateness or an application for
a certificate of economic hardship approving any proposed alteration,
restoration, construction, removal, relocation, or demolition, in whole or in
part, of or to a Landmark or Landmark Parcel, or of or to a building or
structure within a Historic District shall be processed in accordance with the
following procedure:
(a) Any owner of a Landmark, or of a building or structure within a
Historic District, may request the issuance of a certificate of appropriateness
or certificate of economic hardship by properly filing with the Director of
Planning an application for such certificate of appropriateness or certificate
of economic hardship on a form furnished by the Planning Division. Each
application for a certificate of appropriateness or certificate of economic
hardship shall include such plans, specifications, statements of work, and
any other information which are reasonably required by the Landmarks
Commission to make a decision on any such proposed work. An application
shall be deemed complete within thirty days after the Planning Division
receives a substantially complete application together with all information,
plans, specifications, statements of work, and any other materials and
documents required by the appropriate application forms supplied by the
25
City. If, within the specified time period, the Planning Division fails to advise
the applicant in writing that his or her application is incomplete and to specify
additional information required to complete that application, the application
shall automatically be deemed complete.
(b) The Director of Planning shall schedule a public hearing to be held
within forty-five days of the date on which an application for a certificate of
appropriateness or certificate of economic hardship and shall make a
preliminary recommendation to the Commission on or before the date
scheduled for a public hearing as to the appropriateness and qualification of
the application for a certificate of appropriateness or certificate of economic
hardship.
(c) Not more than twenty days and not less than ten days prior to the
date scheduled for a 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, shall be mailed to the applicant, and to the
owners and residents of all real property within three hundred feet of the
exterior boundaries of the Landmark Parcel upon which a Landmark is
situated in the case of any proposed work to a Landmark, or within three
hundred feet of the exterior boundaries of the lot or lots on which a building
or structure within a Historic District is situated in the case of any proposed
work to a building or structure within a 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
26
owner where the address of such owner is not a matter of public record shaII
tlDtinvalidate any p~i..\ttMnection with......, dtsignation.
The Commission may also give such other notice as it may deem desirable
and practicable.
(d) The Commission shaII have up to six months, or one year if the
project requires an Environmental Impact Report, to render a decision on the
certificate application. If the Commission does not render a decision within
this time period, then the certificate application shall be automaticalIy
deemed approved. Notwithstanding the foregoing, the Commission may
mutually agree with the applicant for a certificate of appropriateness or
certificate of economic hardship to extend the six months or one year time
period in which the Commission must take action to another time period
which is mutually agreeable. The time period provided for in this Section
shaII be extended by the time period provided for in Section 9.36.160(d)
when applicable.
(e) The decision of the Commission shaII 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 Director of Planning.
(f) Subject to the provisions of Section 9.36.180 of this Chapter, upon
the rendering of such decision to approve an application for a certificate of
appropriateness or certificate of economic hardship, the Commission shall
issue the certificate of appropriateness or certificate of economic hardship
within a reasonable period of time and such issued certificate of
27
appropriateness or certificate of economic hardship may be obtained by the
applicant from the Planning Division.
(g) Subject to other provisions of this Section 9.36.170 and Section
9.36.180 of this Chapter, a decision of the Commission shall be in full force
and effect from and after the date of the rendering of such decision by the
Commission. A certificate of economic hardship may be appealed to the City
Council in the same manner and according to the same procedures as for
a certificate of appropriateness.
(h) Subject to other provisions of this Section 9.36.170, a certificate
of appropriateness or certificate of economic hardship shall be in full force
and effect from and after the date of the issuance by the Commission. Any
certificate of appropriateness or certificate of economic hardship issued
pursuant to this Chapter shall expire one year from its date of issuance
unless the work authorized by the certificate has been commenced. In
addition, any such certificate of appropriateness or certificate of economic
hardship shall also expire and become null and void if such work authorized
is suspended or abandoned for a one hundred eighty time period after being
commenced.
(i) The Commission shall have the power, after a public hearing, to
amend, modify or rescind any decision to approve, in whole or in part, an
application for a certificate of appropriateness or certificate of economic
hardship and to make any preliminary or supplemental designations,
determinations or decisions, as additions thereto.
28
(j) The Commission 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.
(k) The following rules shall limit the resubmittal of an application for
a certificate of appropriateness or certificate of economic hardship:
(1) Whenever an application for a certificate of appropriateness or
certificate of economic hardship for demolition has been disapproved or
deemed disapproved by the Commission, or by the City Council on appeal,
no application which is the same or substantially the same as the one which
has been disapproved shall be resubmitted to or reconsidered by the
Commission or City Council for a period of five years from the effective date
of the final action upon the prior application. A certificate of appropriateness
or certificate of economic hardship for demolition may be refiled at any time
during the five year period provided that the applicant submits significant
additional information which was not and could not have been submitted with
the previous application. A refiled application shall be processed in the
manner outlined in Section 9.36.170. Under this provision, should the
applicant still seek to demolish the landmark structure after the five year
period has expired, a new and separate certificate of appropriateness or
certificate of economic hardship application would be required to be refiled.
This application shall be subject to the same conditions as the prior
application.
29
(2) Whenever an application for a certificate of appropriateness or
certificate of economic hardship for other than demolition has been
disapproved or deemed disapproved by the Commission, or by the City
Council on appeal, no application which is the same or substantially the
same as the one which has been disapproved shall be resubmitted to or
reconsidered by the Commission or City Council within a period of one
hundred eighty days from the effective date of the final action upon such
prior application. A certificate of appropriateness or certificate of economic
hardship for other than demolition may be refiled at any time during the one
hundred eighty day period provided that the applicant submits significant
additional information, which was not and could not have been submitted
with the previous application. A refiled application shall be processed in the
manner outlined in Section 9.36.170. Under this provision, should the
applicant still seek approval for other than the demolition of a landmark
structure after the one hundred eighty day period has expired, a new and
separate certificate of appropriateness or certificate of economic hardship
application would be required to be refiled. This application shall be subject
to the same conditions as the prior application.
(I) Under the authority of Section 9.36.060, the Commission, may, by
resolution, establish criteria under which the Landmarks Commission
Secretary may approve certificate of appropriateness applications for minor
or insignificant alterations, restorations, or construction, in whole or in part,
of or to a Landmark or Landmark Parcel, or of or to a building or structure
30
-
within a Historic District Which wout.' 'nOt defeat thepu"'Md Objectives
of this Chapter.
~'QN li_nta Monica Municipal Code Sectipn,Il~.250is'herebyamended
to read as follows:
Section 1.36.250 Extension of c~rtiflcate of approprlatene...
The Landmarks COmmission Secretary may extenctihe__ p8tiod
'Qr exercising a certificate. of appropriatenessi.asprf\'''' ,for in ~
9.S6.17Q(h) for a period _up. one hundred eightyds..upop..8JCh terms
and conditions as the Secretary deems appropriate consistent with the
original approval and Section 9.36.170 ifthe development standards relevant
to the project have not changed since project approval. An extended
certificate of appropriateness shall expire if the work authorized thereby is
not commenced by the end of the extension period. Except as otherwise
provided for in this Section, all provisions of this Code applicable to a
certificate of appropriateness shall apply to an extended certificate of
appropriateness.
SECTION 10. Santa Monica Municipal Code Section 9.36.270 is hereby amended
to read as follows:
Section 9.36.270 Preservation incentives.
(a) Architectural Review Exemption. All structures designated as
landmarks and any contributing building or structure within a historic district
31
that requires a certificate of appropriateness shall be exempt from review by
the Architectural Review Board. The LandmarkSContMi~_y refer any
matter to the Architectural Review Board for comment.
(b) Building Penn it and Planning App1icatio.+ P....AII buiIdiJIg
permit and planning fees for Administrative Approval applications shall be
waived for designated Landmarks. ..e:,contributing ~'..... .ina
historic district.
(c) Certificate&of AppropriatenessAdministrative 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.
(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.
32
(g) Historical Property Contracts. Designated Structures of Merit,
Landmarks and contributing structures located in historic districts that are
privately owned 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 upon resolution
approval by the City Council
(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 11 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 12. 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.
33
SECTION 13. 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 be effective thirty (30)
days from adoption.
APPROVED AS TO FORM
4tit
F:\A TTY\MUNI\LA WS\BARRY\landmarksordrevision2d-1.wpd
34
Approved and adopted this 11th day of February, 2003
\~
~ Bloom, Mayor
State. of California ,)
County of Los AngeIe& ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2064 (CCS) had it's introduction on January 28, 2003, and
was adopted at the Santa Monica City Council meeting held on February 11, 2003, by
the following vote:
Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz, Genser,
Holbrook, O'Connor, Mayor Bloom
Noes: Council members None
Abstain Council members: None
Absent: Council members None
ATTEST:
~~
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