Loading...
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 1 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 2 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. 3 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. 4 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. 5 (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: 6 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 7 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. 8 (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 9 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. 10 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. 11 (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 12 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. 13 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: 14 Sedoft...t....or-ac .......d.Si9~ "....,.. HiItoric 0IstrictI shalt b$~ed bytheCity~ncilin accordance with the following proced.ure: (_Any pen,on may request~ design8tion.of ah area as a Historic DiaI~ byPJQPedyllingwith the+OU'teR~1ing an ~ for such designation on a form furnished by the Planning Department. Additionally, the Laftdmafb1:ommission maytte\-~ for~e designation of a Historic District on its own motion. .(b)Nolatetihaft sixty .,.at+the ~ for thedesjgnation of a Historic District is determined to be complete, City staff shall conduct a pubHcneliFlgtDdiscuIs the ~ di8tdct'dl~, including but not limited to, the designation process, the effect of designation on future property development, and the benefits of designation. The Landmarks Commission may request that City staff conduct this public meeting prior to the Landmark Commission's determination to file an application on its own motion. No more than twenty days and not less than ten days prior to the date scheduled for the public meeting, notice of the date, time, place, and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, and to all owners and occupants of all real property within the potential Historic District. As part of this mailing, City staff shall also inform property owners within the potential Historic District of their right to file a petition pursuant to subsection (h) of this Section to nullify a designation application. 15 (C)Upondetemtinetionltt~""an~ fot<te$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 16 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 17 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 18 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. 19 (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 20 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 21 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. 22 (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: ~~ 'J!": ^., ... ,:- .. ,," ,,:-: ',: '.. .. .. '~, _, .. .. ......... . iI!tCit.. :". " --,' ,'--',' · ....... ... ..4!.: ..... . ',... ..n......... .. ',' .. .. ;;:'.. .. ,,-: "''''....,, ,., .... . -' .." -,.