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O26891 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER 2689 (CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII AND CHAPTER 9.56 OF THE SANTA MONICA MUNICIPAL CODE TO EXTEND CERTAIN TIME FRAMES FOR BUILDING PERMITS, MANDATORY SEISMIC RETROFIT COMPLIANCE, AND CERTIFICATES OF APPROPRIATENESS, AND TO EXTEND PROCESSING TIME FRAMES FOR APPLICATIONS UNDER CHAPTER 9.56 DUE TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC AND TO FURTHER ECONOMIC RECOVERY EFFORTS WHEREAS, Santa Monica Municipal Code Section 8.08.070 sets forth time frames for completion of all work authorized pursuant to permits issued under Article VIII of the Santa Monica Municipal Code, Building Regulations; and WHEREAS, on March 28, 2017, the City Council adopted Ordinance Number 2537 (CCS) amending Articles IV and VIII of the Santa Monica Municipal Code by updating seismic retrofit standards and tenant protection laws; and WHEREAS, Ordinance 2537, in part, set forth time frames for compliance with mandatory seismic retrofit requirements for a variety of building types within the City; and WHEREAS, Landmark and Historic District Ordinance of the City of Santa Monica, Santa Monica Municipal Code Chapter 9.56, sets forth time frames for review of applications for designation of Structures of Merit and Landmarks and applications for Certificates of Appropriateness, and time frames for commencement of work approved pursuant to a Certificate of Appropriateness; and DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective City response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order which, in part, pursuant to Section 5, and due to measures taken to implement social distancing requirements, suspended planning deadlines and automatic approvals; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through 3, and due to measures taken to implement social distancing requirements, including the closure of City Hall and other City facilities, that resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, tolled deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order which, in part, pursuant to Sections 1 through 6, due to continuing social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 3 continued to result in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, superseded and replaced Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order, which, in part pursuant to Sections 18 to 24, clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; and WHEREAS, since April 2020, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and WHEREAS, economic uncertainty arising out of the COVID-19 pandemic continues; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, due to social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 4 resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, continued economic uncertainty due to the COVID-19 pandemic which has affected both business operations and the construction industry, and to further the City’s economic recovery efforts, the City Council desires to amend portions of Article VIII and the Landmarks Ordinance to codify two-year extensions for building permits, seismic retrofit compliance, and commencement of work authorized pursuant to a Certificate of Appropriateness previously extended through the Emergency Order, and to extend permits eligible for such extensions through December 31, 2022; and WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, the City Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge divisions from the Planning and Community Development and Community Services Departments into the Community Development and Community Services Departments; and WHEREAS, on June 9, 2020, as part of the Restructuring Plan, the City Council approved City staff’s recommendation regarding a restructured historic preservation program, and on June 23, 2020, the City Council adopted the FY 2020-21 Operating Budget, including a final approval of the restructured historic preservation program; and DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 5 WHEREAS, the restructured historic preservation program reflects a substantial reduction in staff support for the historic preservation program; and WHEREAS, the City Council desires to amend the Landmarks Ordinance to extend deadlines for processing applications for designation of Structures of Merits and Landmarks and for Certificates of Appropriateness to reflect the reduction in resources; and WHEREAS, based on the findings contained in this ordinance and material presented in the accompanying Staff Report, the City Council finds and declares that taking emergency action to adopt this ordinance is necessary to protect and preserve the public peace, health, and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 8.08.070 is hereby amended to read as follows: 8.08.070 Permit issuance, extension and renewal. (a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction documents shall be approved in writing or by stamp. No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 6 of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted. (c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable: (1) Failure to Start Construction. If the building or work authorized by such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more; (3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods set forth in this subsection, based on valuation.: When a project is divided into separate permits for the convenience of the owner or tenants, and the work on such permits is to be done concurrently, DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 7 the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (A) Except as provided in subsection (B), the time allowed to complete all work authorized by a permit shall be as follows: Valuation Time Allowed Under $300,000.00 12 months $300,001.00 to $1,000,000.00 24 months $1,000,001.00 to $20,000,000.00 36 months Over $20,000,000.00 48 months (B) Notwithstanding subsection (A), the time allowed to complete all work authorized by a permit (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be as follows: Valuation Time Allowed Under $300,000.00 36 months $300,001.00 to $1,000,000.00 48 months $1,000,001.00 to $20,000,000.00 60 months Over $20,000,000.00 72 months When a project is divided into separate permits for the convenience of the owner or tenants and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (d) Extensions. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 8 (1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that: (A) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period; (B) If construction has started, substantial progress has been made; (C) The condition of the property presents no health or safety hazard; and (D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (2) The time periods set forth to start construction within 180 one hundred eighty days or resume construction after cessation of work for 180 one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed 180 one hundred eighty days. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 9 (e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final. (f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work. If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved. SECTION 2. Santa Monica Municipal Code Section 8.60.040 is hereby amended to read as follows: 8.60.040 Time limits for compliance (a) Except as provided in subsection (b), the The owner of any URM building covered by this Chapter shall comply with the following time limits: Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 90 Days or 3 Months Application for Building Permit and Submission of Plans 180 Days or 6 Months Final Approval 2 Years or 24 Months DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 10 (b) Notwithstanding subsection (a) above, the owner of any URM building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 2 years, 3 Months; or 27 Months Application for Building Permit and Submission of Plans 2 years, 6 Months; or 30 Months Final Approval 4 Years or 48 Months SECTION 3. Santa Monica Municipal Code Section 8.64.060 is hereby amended to read as follows: 8.64.060 Time limits for compliance (a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 120 Days or 4 Months Application for Building Permit and Submission of Plans 270 Days or 9 Months Final Approval 3 Years or 36 Months (b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 11 Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 2 years, 4 Months; or 28 Months Application for Building Permit and Submission of Plans 2 years, 9 Months; or 33 Months Final Approval 5 Years or 60 Months SECTION 4. Santa Monica Municipal Code Section 8.72.050 is hereby amended to read as follows: 8.72.050 Time limits for compliance The owner of any building covered by this Chapter shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 42 Years or 4824 Months Application for Building Permit and Submission of Plans 53 Years or 6036 Months Final Approval 86 Years or 9672 Months SECTION 5. Santa Monica Municipal Code Section 8.76.060 is hereby amended to read as follows: 8.76.060 Time limits for compliance (a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 3 Years or 36 Months Application for Building Permit and Submission of Plans 12 Years or 144 Months Final Approval 20 Years or 240 Months (b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 12 (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 5 Years or 60 Months Application for Building Permit and Submission of Plans 14 Years or 168 Months Final Approval 22 Years or 264 Months SECTION 6. Santa Monica Municipal Code Section 8.80.060 is hereby amended to read as follows: 8.80.060 Time limits for compliance (a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 3 Years or 36 Months Application for Building Permit and Submission of Plans 4 Years, 6 Months or 54 Months Final Approval 10 Years or 120 Months (b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits. Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 5 Years or 60 Months Application for Building Permit and Submission of Plans 6 Years, 6 Months or 78 Months Final Approval 12 Years or 144 Months DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 13 SECTION 7. Santa Monica Municipal Code Section 9.56.090 is hereby amended to read as follows: 9.56.090 Structure of Merit Designation Procedure Structures of Merit shall be designated by the Landmarks Commission in accordance with the following procedure: A. Except as limited by Section 9.25.040(E), any person may request the designation of an improvement as a Structure of Merit by properly filing with the Director an application for such designation on a form furnished by the Department. Additionally, the Commission may file an application for the designation of a Structure of Merit on its own motion. Within thirty days of filing a Structure of Merit designation application, the property owner and tenants of the subject property shall be notified of the application 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 Conformance permit, Architectural Review Board approval, 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 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 DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 14 shall be scheduled before the Landmarks Commission within ninety one hundred days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application. 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 residential and commercial tenants 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 Los Angeles County Assessor. 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 the public hearing, or any continuation thereof, 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. Any continued public hearing must be completed within thirty-five days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Structure of Merit within the thirty-five day time period 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 to certify such disapproval. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 15 The owner of the improvement may agree to extend the time period for the Commission to hold and conclude the public hearing on the application. 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. G. Upon the rendering of a decision to designate a Structure of Merit, the owner of the designated Structure of Merit 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 Los Angeles County Assessor. H. Subject to other provisions of this Section and Section 9.56.180 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. 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. Whenever an application for the 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 the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 16 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 by the owner of the improvement proposed for Structure of Merit designation may be resubmitted or reconsidered notwithstanding said five year time period. L. 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 days from the date of des ignation, 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 9.56.130 which would include the Structure of Merit within its area. If a 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 a Historic District is not timely filed or a Historic District is not designated in accordance with Section 9.56.130, then the Structure of Merit designation shall be automatically nullified without any action required by the Commission. SECTION 8. Santa Monica Municipal Code Section 9.56.120 is hereby amended to read as follows: 9.56.120 Landmark Designation Procedure Landmarks shall be designated by the Landmarks Commission in accordance with the following procedure: DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 17 A. Except as limited by Section 9.25.040(E), any person may request the designation of an improvement as a Landmark by filing a complete application for such designation with the Department on a form furnished by the Department. Additionally, the Commission may file an application for the designation of a Landmark on its own motion. Within thirty 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 the filing of an application for designation of an improvement as a Landmark, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a proposed Landmark or Landmark Parcel is prohibited. No permit shall be 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 Conformance permit, Architectural Review Board approval, certificate of appropriateness permit, rent control permit, or building permit, which would authorize any such alteration, restoration, construction, removal, relocation or demolition until a final determination on the application is rendered by the Commission, or the City Council on appeal. C. The Director 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 one hundred sixty-five days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 18 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, the owner of the improvement, all owners and residential and commercial tenants of all real property within three hundred feet of the exterior boundaries of the lot or lots on which a proposed Landmark is situated, and to residential and commercial tenants of the subject property, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable. E. At the conclusion of the public hearing, or any continuation thereof, the Commission shall approve, in whole or in part, or disapprove the application for the designation of a Landmark, and may define and describe an appropriate Landmark Parcel. Any continued public hearing must be completed within thirty-five sixty-five days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Landmark within the thirty-five sixty-five day time period, the application for such designation shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the Commission to hold and conclude the public hearing on the application. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 19 F. 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 decision to designate a Landmark or Landmark Parcel and any specifications made pursuant to this subsection. The Commission shall further have the power to make any preliminary or supplemental designations, determinations or decisions, as additions to its designation determinations. G. Subject to other provisions of this Section and Section 9.56.180 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. H. Within thirty-five days after the decision has been rendered, the Commission shall approve a statement of official actions which shall include: 1. A statement of the applicable criteria and standards against which the application for designation was assessed. 2. A statement of the facts found that establish compliance or non- compliance with each applicable criteria and standards. 3. The reasons for a determination to approve or deny the application. 4. The decision to deny or to approve with or without conditions and subject to compliance with applicable standards. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 20 I. The official owner of the designated Landmark shall be provided a copy of the statement of official action after Commission approval using for this purpose the name and address of such owner as is shown in the records of the Los Angeles County Assessor. J. 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 new application which contains the same or substantially the same information shall be filed within a period of five years from final action on the prior application. However, if significant new information is available, 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 the five year time period. SECTION 9. Santa Monica Municipal Code Section 9.56.170 is hereby amended to read as follows: 9.56.170 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 DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 21 hardship by properly filing with the Director an application for such certificate of appropriateness or certificate of economic hardship on a form furnished by the Department. 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 determined complete within thirty days after the Department 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 City. If, within the specified time period, the Department 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 shall schedule a public hearing to be held within sixty-five forty- five days of the date on which an application for a certificate of appropriateness or certificate of economic hardship is determined complete 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 residential and commercial tenants of all DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 22 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 Los Angeles County Assessor. 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. D. The Commission shall 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 automatically determined approved if any required environmental review has been completed. 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 shall be extended by the time period provided for in Section 9.56.160(D) when applicable. E. 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. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 23 F. Subject to the provisions of Section 9.56.180 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 appropriateness or certificate of economic hardship may be obtained by the applicant from the Department. G. Subject to other provisions of this Section 9.56.170 and Section 9.56.180 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 Sections 9.56.170 and 9.56.180 of this Chapter, 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 within the following time frames, unless the work authorized by the Certificate of appropriateness has commenced: 1. Except as provided in paragraph 2 below, one year from the its date of issuance unless the work authorized by the certificate has been commenced. 2. Notwithstanding paragraph 1 above, three years from the date of issuance for a Certificate of Appropriateness: a. Issued and active as of March 13, 2020; b. Issued between March 13, 2020 and December 31, 2022; or DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 24 c. Issued in accordance with a complete application that was submitted between March 13, 2020 and December 31, 2022. 3. 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-day 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. 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 re-filed at any time during the five-year period DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 25 provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. A re-filed application shall be processed in the manner outlined in this Section 9.56.170. 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 re-filed. This application shall be subject to the same conditions as the prior application. 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 re-filed 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 re-filed application shall be processed in the manner outlined in this Section 9.56.170. 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 DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 26 required to be re-filed. This application shall be subject to the same conditions as the prior application. L. Under the authority of Section 9.56.060, 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 within a Historic District which would not defeat the purposes and objectives of this Chapter. SECTION 10. The City Council finds, based on the findings above and the reasons set forth in the Staff Report accompanying this Ordinance, that it is necessary to adopt this Ordinance as an emergency measure to preserve the public peace, health and safety. 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 DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 27 any portion of the ordinance would be subsequently declared invalid or unconstitutional. 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 become effective 30 days from its adoption. APPROVED AS TO FORM: _______________________ JOSEPH LAWRENCE Interim City Attorney DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E Approved and adopted this 25th day of January, 2022. _____________________________ Sue Himmelrich, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2689 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on January 25, 2022, by the following vote: AYES: Councilmembers Brock, Davis, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: Councilmember de la Torre ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2689 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 8B03B0CE-CE76-46C9-8FA6-22D03E9CCA2E 2/17/2022