SR 01-25-2022 7E
City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.E
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to
Extend Interim Zoning Regulations Established by Emergency Interim Zoning
Ordinance 2593 (CCS), Extended by Emergency Interim Zoning Ordinances
2599 (CCS) and 2626 (CCS), and Amended by Emergency Interim Zoning
Ordinance 2643 (CCS) Revising the Demolition Permit Review Process
Relating to the Preservation of Historic Resources
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency Interim
Zoning Ordinance to extend interim zoning regulations for the demolition permit review
process relating to the preservation of historic resources.
Summary
In November 2018, the City Council adopted emergency Interim Zoning Ordinance
2592 (CCS), revising the demolition permit review process for buildings or
structures 40 years of age or older. The interim zoning regulations established by
Interim Zoning Ordinance 2592 were extended to November 13, 2021 by Interim
Zoning Ordinances 2599 (CCS) and 2626 (CCS) to allow further study of the
implementation of the revised process. With the declaration of a local emergency,
IZO timelines were extended during the pendency of the emergency, so the IZO
continues to be in effect.
As part of the City’s budget restructuring resulting from the impacts of the COVID-
19 pandemic, which included a reduction in Planning staff, Council approved a
restructured historic preservation program, which included adoption of emergency
Interim Zoning Ordinance 2643 (CCS), revising the interim demolition permit review
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process for buildings or structures 40 years of age or older. The revised process no
longer includes a preliminary hearing by the Landmarks Commission to review
demolition permits with the Landmarks Commission for properties 40 years of age
and older. The ability for members of the public to file an application for designation
of a building or structure as a City-designated Historic Resource during the 75-day
waiting period remains. To help ensure the community has adequate information to
determine whether to file an application, Council included additional noticing
requirements in the revised process. If the 75-day waiting period lapses with no
application filed, or if an application is filed and the building or structure is not
designated, the demolition permit is issued.
The proposed emergency extension to the IZO would extend the interim zoning
regulations with the revised demolition process to November 13, 2023. The revised
process has only been effective during the COVID-19 public health emergency, and
this extension will allow for further study and monitoring of implementation of the
revised process as economic recovery efforts continue prior to making permanent
changes to the Zoning Ordinance. All timelines associated with the demolition
review process, including time for the Landmarks Commission to review any
designation application filed during the 75-day waiting period, will remain the same.
Background
In June 2018, Planning Staff and the City Attorney’s Office commenced a review of
the City’s demolition process applicable to buildings over 40 years of age and, as
discussed more fully in the Council’s November 13, 2018 and January 8, 2019 staff
reports, suspended the Landmarks Commission’s review of demolition permits. As a
result, between June 1, 2018 and November 13, 2018 when the interim regulations
originally went into effect, the Landmarks Commission did not review or discuss 58
demolition permit applications and a temporary stopgap process was implemented.
Public notice of demolition permit applications is provided online real-time through
Open Data (https://data.smgov.net/Permits-Licenses/Active-Demolition-Permits-for-
Buildings-over-40-Ye/nvzr-qc5r/data), the Landmarks Commission website
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(https://www.smgov.net/Departments/PCD/Boards-Commissions/Landmarks-
Commission/) and via e-mail as requested, in addition to the required site posting.
In considering the revised demolition review process recommended for Council
adoption, staff focused on four objectives, which were developed based on feedback
from the community, City Council, and Landmarks Commission on the temporary
stopgap process and the foundations of the demolition application review process:
1. Clarifying the Landmarks Commission’s authority to exercise its regulatory
role in reviewing historic resources impacts created by proposed
demolitions
2. Transparency in the public process
3. Clarity for property owners
4. Balancing staff resources across the entire preservation program
On November 13, 2018, Council adopted Emergency Interim Zoning Ordinance 2592
(CCS) (“Interim Zoning Ordinance 2592”) to establish temporary regulations for the
demolition permit review process set forth in Santa Monica Municipal Code (“SMMC”)
Section 9.25 (Demolition and Relocation Ordinance). These interim regulations were
established to safeguard the City’s historic, aesthetic, and cultural heritage while also
balancing legal and procedural considerations. The emergency Interim Zoning
Ordinance went into effect immediately after Council adoption. On January 8, 2019,
pursuant to Santa Monica Charter Section and SMMC Section 9.46.090(C), the City
Council adopted emergency Interim Zoning Ordinance Number 2599 (CCS) (“Interim
Zoning Ordinance 2599”) to extend the interim regulations. At that time staff
recommended that the proposed extension of the interim zoning regulations continue
for 10 months until November 13, 2019 to provide an opportunity for further study of
key issues and monitor implementation before making permanent changes to SMMC
Chapter 9.25. On November 12, 2019, Council adopted an extension to the
emergency Interim Zoning Ordinance to November 13, 2021 to align with the
anticipated schedule for the Landmarks Ordinance Update. The Landmarks
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Ordinance Update has continued to be delayed due to the reductions in staffing that
occurred in June 2020.
At its October 26, 2021 meeting, the City Council amended the fee schedule to
provide that if the permit fee for an application to designate a property that is 40
years of age or older as a Landmark or Structure of Merit is filed while a demolition
permit application is pending, the applicant for the Demolition Permit shall bear the
actual costs of any historic consultant and the applicable Landmark Designation or
Structure of Merit processing fee. Previously the applicant for the landmark or
structure of merit designation would pay the processing fee.
Discussion
Implementation of the Emergency Interim Zoning Ordinance over the past two years
has provided a consistent review process for both property owners and members of
the public. The Landmarks Commission resumed meeting in July 2020 and the City
has been regularly receiving nominations to designate properties associated with
demolition application permits. Data on demolition and designation applications filed
since the interim zoning regulations were revised in July 2020, include:
• Number of demolition applications filed – 66
o Number of designation applications filed by community as a result of
demolition review – 4
• Designation applications filed outside of demolition review process
o Property owner-initiated designation applications – 2
o Community-initiated designation applications - 3
This appears to be approximately the same level of designation activity as
compared to the period before the interim zoning regulations were amended, as
reported in the March 5, 2021 City Council Information Item (Attachment B). It does
not appear that the revisions to the demolition review have resulted in a change in
the rate of historic resources preservation. The community remains actively
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engaged in reviewing the demolition lists aided by transparency in public notification
and resources made available by City staff including real-time posting of demolition
applications, monthly postings of demolition lists with e-mail distribution, and a
public-facing portal for review of building permits. However, because the interim
zoning regulations were amended during the extraordinary circumstances
surrounding the COVID-19 public health emergency, staff recommends extending
the interim zoning regulations as amended in July 2020 to November 13, 2023 to
allow further study and monitoring of the revised process as economic recovery
continues prior to making permanent changes to the Zoning Ordinance.
The interim demolition review process retains the full 180-day period (inclusive of the
75- day waiting and public notification period) for the Landmarks Commission to
review any designation applications that are filed by the community. The shifting of
the designation application fee from the applicant to the demolition permit applicant
will also remove financial barriers for community-led review and nomination of
properties with demolition permit applications. Further, a competitive process
administered by the City is underway to distribute historic preservation funds
negotiated through development agreements (approximately $390,000) to historic
preservation organizations that would assist in preservation activities. These
activities could include application costs and other advocacy and educational
activities, as stipulated in the terms of development agreements.
The interim demolition review process will still provide a public process to
safeguard the City’s historic, aesthetic, and cultural heritage as embodied and
reflected in improvements that represent the City’s cultural, social, economic,
political, and architectural history.
Applicability
The proposed extension to the Emergency Interim Zoning Ordinance would continue
to only apply to demolition permit applications and Landmarks Commission hearings
that are scheduled as a result of a property-owner filed demolition permit application
pursuant to the Demolition and Relocation Ordinance (SMMC Chapter 9.25). More
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specifically, the Interim Zoning Ordinance only applies to demolition permit
applications for buildings over 40 years old and any designation application filed
within the 75-day waiting period for a pending demolition permit application that has
been determined to be complete.
It is important to note that the proposed extension to the Emergency Interim Zoning
Ordinance does not change the procedures or timeframes set forth in the Landmarks
and Historic Districts Ordinance (SMMC Chapter 9.56). The procedures and
timeframes applicable to a Landmark Designation Application or Structure of Merit
Designation Application (SMMC Sections 9.56.090 and 9.56.120) will continue to
remain in effect for the following applications:
1. Landmark or Structure of Merit Designation Applications that are owner-
initiated and not in conjunction with a pending demolition permit
application (i.e., self- nomination)
2. Landmark or Structure of Merit Designation Applications filed by a member
of the public or non-profit organization that are not in response to a
pending demolition permit application.
Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of
California Environmental Quality Act, California Public Resources Code Section
21000 et seq. (CEQA) pursuant to 15061(b)(3) of the State Implementation
Guidelines (common sense exemption) because it can be seen with certainty that
there is no possibility that the proposed IZO may have a significant effect on the
environment. The determination is based on the record as whole, which includes, but
is not limited to, evidence that the recommended IZO represents a temporary change
to procedures for review of demolition permits for buildings over 40 years old in order
to identify and protect historic resources that is administrative in nature and does not
change any policy decisions made by the City Council in adopting the Zoning
Ordinance. No adverse physical impacts on the environment would occur as a result
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of these changes. Therefore, no further environmental review under CEQA is
required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Jing Yeo, Planning Manager
Approved
Forwarded to Council
Attachments:
A. City Council Information Item: Update on Current Interim Zoning Ordinance for
Review of Demolition Permit Applications (Web Link)
B. City Council Staff Report - IZO for Revised Demolition Process July 14, 2021
(Web Link)
C. CDD--Demolition IZO Extension - 01.25.2022
D. Written Comments
E. PowerPoint Presentation
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City Council Meeting: January 25, 2022 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING EMERGENCY INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE
NUMBER 2592 (CCS), EXTENDED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBERS 2599 AND 2626 (CCS), AND AMENDED BY EMERGENCY
INTERIM ZONING ORDINANCE NUMBER 2643 (CCS) REVISING THE DEMOLITION
PERMIT REVIEW PROCESS RELATING TO THE PRESERVATION OF HISTORIC
RESOURCES
WHEREAS, historic preservation is a defining community value for the City of
Santa Monica (the “City”); and
WHEREAS, this value reflects the community’s consensus that the City’s unique
identity and character springs from its long and rich history; and
WHEREAS, the community’s present and future welfare depend, in part, upon
understanding the City’s history and evolution as a unique community; and
WHEREAS, retention and preservation of historic resources also promotes the
public health, safety and welfare by revitalizing neighborhoods and business districts,
enhancing the City’s economy, improving local aesthetics, and enriching the City’s
culture; and
WHEREAS, the Landmark and Historic District Ordinance of the City of Santa
Monica (the “Landmark Ordinance”) was first adopted in 1976 to protect improvements
and areas that represent elements of the City’s cultural, social, economic, political and
architectural history; safeguard the City’s heritage as it is embodied and reflected in such
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improvements and areas; foster civic and community pride; protect and enhance
aesthetics and attractions; and promote the education, pleasure and welfare of City
residents and visitors alike; and
WHEREAS, the City’s ongoing commitment to historic preservation was reaffirmed
in 2002 when the City Council adopted the Historic Preservation Element of the General
Plan, and again in 2010 when the City adopted the Land Use and Circulation Element of
the General Plan (“LUCE”); and
WHEREAS, in 2015, the City adopted a comprehensive Zoning Ordinance Update,
which emphasized the City’s historic preservation priorities by including enhanced
protections and incentives for designated historic resources and potential historic
resources throughout the City; and
WHEREAS, reviewing buildings or structures 40 years of age or older to identify,
evaluate and preserve historic resources before they are lost to demolition is an essential
component of the City’s historic preservation program; and
WHEREAS, Santa Monica Municipal Code Chapter 9.25 sets forth a process for
review of such buildings or structures by the Landmarks Commission and provides that
no demolition of such buildings or structures shall be permitted for a period of 75 days
during which time an application for Landmark, Structure of Merit, or Historic District may
be filed; and
WHEREAS, in 2018, the City initiated a review of the demolition permit review
process, in part due to developments in judicial guidance; and
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WHEREAS, the City’s ongoing review of the demolition permit process and
evolutions in judicial guidance necessitated that the Landmarks Commission temporarily
forego reviewing demolition permits (the “suspension”); and
WHEREAS, between 2016 and 2018, the City received an average of 100
demolition permit applications per year, all of which required review to determine potential
historic significance to ensure preservation of the City’s cultural heritage and history; and
WHEREAS, during the suspension, at least 48 applications for demolition permits
were received, processed, and approved without any formal public review to determine
potential historic significance and the necessity of preservation; and
WHEREAS, this lack of review seriously impacted the City’s multi-decade effort to
scrupulously preserve and protect each of its historic resources; and
WHEREAS, during the suspension, the public, most prominently neighborhood
groups and other nonprofit organizations, were thrusted into taking on an increased role
in identifying potential historic resources; and
WHEREAS, while this increased role enhanced civic engagement and awareness
in the City’s historic preservation program, such a shift in responsibility resulted in a less
public and deliberative process for identification, evaluation and preservation of historic
resources; and
WHEREAS, even a single unintended demolition of a historic resource seriously
and irreparably harms the public welfare; and
WHEREAS, on November 13, 2018, the City Council adopted Emergency Interim
Zoning Ordinance Number 2592 (CCS) (“Interim Zoning Ordinance 2592”) which
immediately adopted a revised process to adequately protect the City’s precious historic
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resources, retain a role for the Landmarks Commission, maintain a high level of
transparency and public participation, ensure clarity for property owners, balance City
resources across the historic preservation program, and comply with all relevant legal
requirements; and
WHEREAS, the interim zoning regulations established by Interim Zoning
Ordinance 2592 (“interim zoning regulations”) required the Landmarks Commission to
conduct a Historic Resources Preliminary Review Hearing for each demolition permit
application that proposes to demolish a building or structure 40 years of age or older, and
at the conclusion of the Historic Resources Preliminary Review Hearing, the Landmarks
Commission determined whether there is enough credible evidence in the record to
proceed with a further public hearing to determine whether the building or structure meets
the criteria for a Landmark or Structure of Merit; and
WHEREAS, if the Landmarks Commission determined that there was enough
credible evidence in the record to proceed to a further public hearing, the Landmarks
Commission was required to determine whether the building or structure met the criteria
for Landmark or Structure of Merit (the “designation hearing”); and
WHEREAS, the interim zoning regulations permitted any person to file an
application to designate a building or structure as a Landmark or Structure of Merit within
75 days of the demolition permit application being determined complete, and if such an
application was filed, the Landmarks Commission was required to conduct a designation
hearing; and
WHEREAS, on January 8, 2019, pursuant to Santa Monica Municipal Code
Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance
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Number 2599 (CCS) (“Interim Zoning Ordinance 2599”) extending the interim zoning
regulations to November 13, 2019 to allow further study of key issues and to monitor
implementation of the revised review process before making permanent changes to the
Zoning Ordinance; and
WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606
(CCS) (“Ordinance 2606”), which made certain changes, corrections and amendments to
the City’s Zoning Ordinance, including the inclusion of a provision in Santa Monica
Municipal Code Section 9.25.040(E) to allow the filing of demolition permit applications
for 100% Affordable Housing Projects concurrently with filing permit applications,
provided that for properties listed on the City’s Historic Resources Inventory, the
Landmarks Commission had conducted a Historic Resources Preliminary Review
Hearing and determined that there was not enough credible evidence to warrant a
designation hearing; and
WHEREAS, in 2019, the City commenced a comprehensive update of the
Landmark Ordinance; and
WHEREAS, on November 12, 2019, pursuant to Santa Monica Municipal Code
Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance
Number 2626 (CCS) (“Interim Zoning Ordinance 2626”) extending the interim zoning
regulations until November 13, 2021 in order to allow the City to continue monitoring
implementation of the revised review process and to allow further review of the interim
procedures in conjunction with the Landmark Ordinance update process before making
permanent changes to the Zoning Ordinance; and
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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: 1) pursuant to Section
5, suspended planning deadlines and automatic approvals, including deadlines for review
of demolition permit applications for buildings or structures 40 years of age and older as
set forth in Interim Zoning Ordinance 2626 (“demolition permit review deadlines”); and 2)
pursuant to Section 6, extended all Interim Zoning Ordinances in effect during the term of
the Order; 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, tolled deadlines for reviewing and acting on planning applications, exercising rights
under planning entitlements, and expiration of building permits, including demolition
permit review deadlines; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order which, in part, superseded and replaced
Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth
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Supplement to extend for two years the deadlines for planning, review, and permit-related
actions, including demolition permit review deadlines; and
WHEREAS, as of July 2020, pursuant to the Executive Order, and applicable
supplements thereto, all demolition permit review deadlines were extended and no
demolition permits were issued for approximately 16 buildings or structures with pending
applications as of March 13, 2020; and
WHEREAS, the Landmarks Commission conducted a Historic Resources
Preliminary Review Hearing for approximately 13 of those applications, and the
Landmarks Commission determined that there was not enough credible evidence in the
record to proceed to a designation hearing; and
WHEREAS, between March 13, 2020 and July 2020, the City received at least 16
applications for demolition that had not been processed or reviewed for potential historic
significance; and
WHEREAS, the State is experiencing a housing supply crisis, with housing
demand far outstripping supply; and
WHEREAS, in response to the housing crisis, the City’s housing policy has been
focused on increasing and incentivizing the City’s housing supply; and
WHEREAS, after March 13, 2020, the City received certain demolition permit
applications for housing projects for which all necessary land use entitlements were
issued prior to November 18, 2018, when the interim zoning regulations were first
enacted; and
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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, including a revised demolition permit review process to eliminate the Historic
Resources Preliminary Review Hearing but retain the designation hearing in the event a
person files an application to designate the building or structure as a Landmark or
Structure of Merit; and
WHEREAS, the revised demolition permit review process focuses on increased
notification to the community regarding demolition applications and provide an opportunity
for the community to file applications for designation of buildings or structures as
Landmarks or Structures of Merit; and
WHEREAS, on June 23, 2020, the City Council adopted the FY 2020-21 Operating
Budget, including the revised demolition permit review process, and a resolution revising
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the City’s master fee schedule to establish the fee to recover the cost of consultant-
prepared historic preservation assessments if an application for designation is filed; and
WHEREAS, on July 14, 2020, the City Council adopted emergency Interim Zoning
Ordinance 2643 (CCS) (“Interim Zoning Ordinance 2643”), amending the interim zoning
regulations to: eliminate the Historic Resources Preliminary Review Hearing; retain the
75-day period in which individuals may file applications to designate a building or structure
for which demolition is sought as a Landmark or Structure of Merit; retain the Landmark
Commission’s authority to conduct a designation hearing whenever a person files an
application to designate a building or structure for which demolition is sought as a
Landmark or Structure of Merit; eliminate the ability to accept applications for 100%
Affordable housing projects prior to or concurrently with a demolition permit application
for properties on the Historic Resources Inventory; and provide deadlines for the
community to file applications to designate buildings and structures and Landmarks and
Structures of Merit for demolition permit applications that had not been processed due to
the COVID-19 public health emergency; and
WHEREAS, on October 29, 2021, the Director of Emergency Services issued a
Forty-First Supplement to the Executive Order to extend certain provisions of the
Executive Order, including Section 6 of the Revised Fourth Supplement extending all
Interim Zoning Ordinances, through January 31, 2022; and
WHEREAS, although it does not appear that the revisions to the demolition review
process established by Interim Zoning Ordinance 2643 have resulted in a change in the
rate of historic resources preservation, the process was implemented during the
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extraordinary circumstances surrounding the COVID-19 public health emergency, and
economic recovery efforts are still underway; and
WHEREAS, the City Council desires to extend the interim zoning regulations as
amended by Interim Zoning Ordinance 2643 to allow further study and monitoring of the
revised process as economic recovery efforts continue prior to making permanent
changes to the Zoning Ordinance; and
WHEREAS, there continues to exist a current and immediate threat to the public
health, safety and welfare that requires maintaining the interim zoning regulations
established by Interim Zoning Ordinance 2592, extended by Interim Zoning Ordinances
2599 and 2626, and as amended by Interim Zoning Ordinance 2643, because the revised
demolition permit review process related to the preservation of historic resources ensures
the City’s ability to properly identify, evaluate and preserve historic resources before they
are lost to demolition; and
WHEREAS, adoption of this Emergency Interim Zoning Ordinance is necessary to
preserve public peace, health, safety and welfare as it will ensure that buildings or
structures over 40 years of age are properly reviewed in accordance with the City’s
established goals of safeguarding the City’s historic, aesthetic and cultural heritage.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Effect on Previously Approved Projects and Projects in Progress.
The following projects that would otherwise be subject to the revised process set forth in
this Interim Zoning Ordinance shall have a vested right to proceed without complying with
this Interim Zoning Ordinance:
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(a) Development Agreement. Development in accordance with the terms and
conditions of a development agreement that (i) includes specific provisions related to
demolition of buildings or structures that would otherwise be subject to review under this
Chapter 9.25 and (ii) has been approved by the City Council pursuant to Chapter 9.60 of
the Municipal Code, or predecessor legislation, on or prior to November 13, 2018.
(b) Demolition Permit Application. Any demolition permit application
determined complete on or before November 13, 2018.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code section
9.25.040 shall be revised, and sections 9.25.042, 9.25.044, and 9.25.046 shall be added,
as follows:
9.25.040 Requirements
The City shall not approve the demolition of any building or structure unless the
applicant has complied with all of the following conditions:
A. A removal permit has been granted by the Rent Control Board, when
required.
B. For multi-unit dwelling structures or structures within a Neighborhood
Conservation Overlay District, the final permit to commence construction for a
replacement project has been issued, or the building or structure is exempt from this
requirement pursuant to Section 9.25.020 and a property maintenance plan has been
approved in writing by the Director.
C. Prior to filing an application for a demolition permit, a notice of intent to
demolish in a form provided by the Director has been prominently posted on the property.
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D. A Certificate of Appropriateness or Economic Hardship has been approved
by the Landmarks Commission or City Council on appeal, for demolition of any City-
Designated Historic Resource.
E. In addition to any other requirements imposed by this Section, applications for
the demolition of a building or structure, the original permit for which was issued more
than 40 years before the date of filing of the demolition permit application, shall be subject
to the following requirements:
1. No permit shall issue for any application subject to this paragraph (E)
unless:
a. Notice has been provided in accordance with Section
9.25.042; and
b. Either:
i. No person files an application pursuant to 9.25.044 to
designate the building or structure as a City-Designated Historic
Resource within the deadlines set forth in paragraph 2; or
ii. The City makes a final determination that the building
or structure does not merit designation as a City-Designated
Historic Resource pursuant to Section 9.25.046 or Section
9.56.130.
2. No person shall file an application pursuant to 9.25.044 to designate
the building or structure as a City-Designated Historic Resource later than the
deadlines set forth in this paragraph, unless the demolition permit expires.
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a. Demolition permit applications determined complete on or
after July 15, 2020. No person shall file an application pursuant to 9.25.044
more than 75 days after the demolition permit application is determined
complete.
b. Demolition permit applications determined complete on or
before March 13, 2020 and pending as of July 14, 2020.
i. Except as provided in paragraph (ii), no person shall file an
application pursuant to 9.25.044 after September 28, 2020.
ii. Notwithstanding paragraph (i), no person shall file an
application pursuant to 9.25.044 after August 1, 2020 if the Landmarks
Commission conducted a Historic Resources Preliminary Review Hearing
in accordance with the interim zoning regulations in effect at the time the
application was determined complete, and the Landmarks Commission did
not determine that there was enough credible evidence to conduct a hearing
for potential designation of the building or structure as a Landmark or
Structure of Merit.
c. Demolition permit applications determined complete after
March 13, 2020 and before July 15, 2020.
i. Except as provided in paragraph (ii), no person shall file an
application pursuant to 9.25.044 after September 28, 2020.
ii. Notwithstanding paragraph (i), no person shall file an
application pursuant to 9.25.044 after August 1, 2020, if the City issued all
necessary land use entitlements for a proposed multiple unit dwelling to be
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14
located on the property where the building or structure is located prior to
November 13, 2018, and the building or structure to be demolished is not
listed on the City’s Historic Resources Inventory.
F. No planning application subject to review by the Planning
Commission, Architectural Review Board, or Zoning Administrator, shall be
accepted for filing unless the applicant has satisfied the requirements of subsection
E, as applicable. Notwithstanding the foregoing, the City shall accept applications
for 100% Affordable Housing Projects that involve the demolition of existing
buildings that do not appear on the City’s Historic Resources Inventory so long as
a demolition permit application(s) for such building(s) is filed prior to or concurrently
with the permit application for the 100% Affordable Housing Project.
9.25.042 Noticing Requirements for Demolition of Buildings or Structures 40
Years of Age or Older
A copy of the filing materials for each demolition permit application that proposes
to demolish a building or structure for which the original permit was issued more than 40
years before the date of filing of the demolition permit application, consisting of a
completed application form, site plan, photograph(s) of the building or structure, photo
verification that the property has been posted with a notice of intent to demolish, and such
additional information the Director deems appropriate, shall be made available on the
City’s website and sent by email to any person who has requested notification from the
Director. All material submitted becomes the property of the City, may be distributed to
the public, and shall be made available for public inspection. At any time upon reasonable
request, and during normal business hours, any person may examine an application and
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materials submitted in support of or in opposition to an application in the Planning Division
offices. Unless prohibited by law, copies of such materials shall be made available at a
reasonable cost.
9.25.044 Historic Resources Designation Application
Subject to the deadlines set forth in Section 9.25.040(E)(2), any person may file
an application on a form furnished by the Director to:
A. Designate the building or structure as a Landmark or Structure of Merit in
accordance with the procedures set forth in Section 9.25.046; or
B. Form or amend a Historic District to include the building or structure
proposed for demolition in accordance with the procedures set forth in Section 9.56.130
of this Code.
9.25.046 Historic Resources Designation Hearing
If an application for designation as a Landmark or Structure of Merit is filed within
the deadlines set forth in Section 9.25.040(E)(2), the City shall conduct a review of the
application as follows:
A. Upon filing of an application for designation as a Landmark or Structure of
Merit under 9.25.044, any alteration, restoration, construction, removal, relocation or
demolition, in whole or in part, of or to the building or structure 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
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16
or demolition until a final determination is rendered by the Commission, or the City Council
on appeal in accordance with this Section.
B. The hearing shall be scheduled within 100 days of the filing of a complete
application for Landmark or Structure of Merit under 9.25.044(A). The owner of the
building or structure may agree to extend the time period allowed for the Landmarks
Commission to conduct the public hearing.
C. The Director shall conduct an evaluation of the building, structure or
property and shall make a recommendation to the Landmarks Commission, to be
reviewed at a Commission public hearing, as to whether the building or structure merits
designation as a Landmark or Structure of Merit.
D. Notice of the date, time, place and purpose of the Commission public
hearing shall be given not more than twenty days and not less than ten days prior to the
date of the hearing, as follows:
1. By at least one publication in a daily newspaper of general
circulation; and
2. By mail to the demolition permit applicant, the owner of the building
or structure, if not the same as the demolition permit applicant, all owners and
residential and commercial tenants of all real property within three hundred feet of
the exterior boundaries of the lot or lots on which the building or structure is
situated, and to residential and commercial tenants of the building or structure,
using for this purpose the names and addresses of such owners as are shown on
the records of the Los Angeles County Assessor. The address of the residential
and commercial tenants shall be determined by visual site inspection or other
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17
reasonably accurate means. The failure to send notice by mail to any such real
property owner where the address of such owner is not a matter of public record
shall not invalidate any proceedings in connection with the Landmarks
Commission’s review of the demolition permit application.
E. At the conclusion of the public hearing, or any continuation thereof, the
Commission shall determine whether the building or structure meets the criteria for
designation as a Landmark, as set forth in Section 9.56.100 of this Code, or Structure of
Merit, as set forth in Section 9.56.080 of this Code, as follows:
1. Any decision regarding the potential designation must be rendered
within 35 days of the date set for the initial public hearing.
2. If the Landmarks Commission determines that the building or
structure merits designation as a Landmark, then the building or structure shall be
so designated as a Landmark, and it shall be automatically determined that the
building or structure does not merit designation as a Structure of Merit. The
Landmarks Commission shall have the power to define and describe an
appropriate Landmark Parcel in order to protect and preserve the resource, and to
designate public spaces in accordance with Section 9.56.110 of this Code.
3. If the Landmarks Commission determines that the building or
structure merits designation as a Structure of Merit, then the building or structure
shall be so designated as a Structure of Merit, and it shall be automatically
determined that the building or structure does not merit designation as a
Landmark.
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4. If the Landmarks Commission fails to take action regarding the
potential designation of a Landmark or Structure of Merit within the thirty-five day
period, it shall be automatically determined that the building or structure does not
merit designation as a Landmark or Structure of Merit.
5. The owner of the building or structure may agree to extend the time
period for the Landmarks Commission to conclude the public hearing.
6. An appeal to the City Council of an action taken or failure to act by
the Landmarks Commission pursuant to this Section shall be processed in
accordance with Section 9.56.180 of this Code.
F. The Landmarks Commission shall have the power, after a public hearing,
whether at the time it renders a decision to designate a building or structure as a
Landmark or Structure of Merit, or at any time thereafter, to specify the nature of any
alteration, restoration, construction, removal, relocation or demolition of or to a Landmark,
Landmark Parcel or Structure of Merit which may be performed without the prior issuance
of a Certificate of Appropriateness pursuant to Chapter 9.56. The Landmarks Commission
shall also have the power, after a public hearing, to amend, modify or rescind any
designation decision and any specifications made pursuant to this paragraph.
G. Subject to the appeal rights set forth in this Section, a decision of the
Landmarks Commission to designate a building or structure as a Landmark or Structure
of Merit shall be in full force and effect from and after the date of the rendering of such
decision by the Landmarks Commission.
H. Within thirty-five days after a decision has been rendered, the Landmarks
Commission shall approve a statement of official action which shall include:
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1. A statement of the applicable criteria and standards against which
the building or structure was reviewed for designation;
2. A statement of the facts that establish compliance or non-compliance
with each applicable criteria and standards;
3. The reasons for a determination to approve or deny the application;
and
4. The decision to deny or approve with or without conditions and
subject to compliance with applicable standards.
The official owner of the designated Landmark or Structure of Merit shall be provided with
a copy of the statement of official action using for this purpose the name and address of
such owner as is shown in the records of the Los Angeles County Assessor.
I. Whenever the Landmarks Commission or the City Council on appeal
determines, through action or inaction, that a building or structure reviewed pursuant to
this Section does not merit designation as a Landmark or Structure of Merit, no application
seeking designation as a City-Designated Historic Resource containing substantially the
same information shall be filed, nor shall the building or structure be subject to the noticing
set forth in Section 9.25.042, or review set forth in Section 9.25.046, within five years of
the date of the final City decision. However, if significant new information is available, the
Landmarks Commission, may waive the time limit by resolution. In addition, an application
of the owner of the building or structure seeking designation as a City-Designated Historic
Resource may be submitted and considered notwithstanding this five-year limitation
period.
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20
SECTION 3. In accordance with CEQA Guidelines Section 15061(b)(3), this
Interim Zoning Ordinance is exempt from CEQA as it can be seen with certainty that the
proposed ordinance does not have the potential to significantly impact the environment.
The determination is based on the record as whole, which includes, but is not limited to,
evidence that this Interim Zoning Ordinance represents a temporary change to
procedures for review of demolition permits for buildings over 40 years old in order to
identify and protect historic resources that is administrative in nature and does not change
any policy decisions made by the City Council in adopting the Zoning Ordinance, and no
adverse physical impacts on the environment would occur as a result of these changes.
Thus, this Interim Zoning Ordinance has no potential to cause a significant effect on the
environment.
SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
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SECTION 6. This Ordinance is declared to be an urgency measure necessary for
preserving the public peace, health, safety or welfare, adopted pursuant to the provisions
of Section 615 of the Santa Monica City Charter. As set forth in the findings above and in
the November 13, 2018, January 9, 2019, November 12, 2019, July 14, 2020 and January
25, 2022 staff reports, this Ordinance is necessary for preserving the public peace, health,
safety, and welfare. As an urgency measure, this Ordinance will be effective immediately
upon adoption.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective
immediately upon adoption.
SECTION 8. This Ordinance shall be of no further force or effect as of November
13, 2023.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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1
Vernice Hankins
From:ROGER GENSER <genserprints@verizon.net>
Sent:Tuesday, January 25, 2022 11:49 AM
To:councilmtgitems
Subject:Item 7-E
EXTERNAL
Dear Mayor Himmelrich and Members of the Council:
Regarding item 7‐E concerning the extension of Emergency Interim Zoning Ordinance as it relates to the Landmarks
Commission demolition review process:
It is recognized that that the City and planning staff have experienced unprecedented fiscal challenges due to the Covid‐
19 crises.
The staff report and resolution reaffirms the importance of historic preservation as a continuing “Community Value”
One of the fundamental roles of the Landmarks Commission as outlined in the Landmarks Ordinance is the review of
demolition permits of buildings over 40 years of age.
The suspension of that role, as adopted in the various Interim Emergency Zoning Ordinances was intended to be both
Interim and TEMPORARY.
This is reiterated in the staff report on 6 and serves as justification that the changes in the IZO do not impact CEQA.
The Commission’s role is fundamental in this process. It is recognized for its expertise in the field with four specific seats
of expertise required in the Ordinance.
Although the number of demolition applications has not increased during the pandemic, the heavy burden of monitoring
the ongoing and certain future increases of demolition applications is left to the public.
At the end of this series of Interim Ordinances that proposes to conclude on November 13, 2023, please return that
fundamental role to the Commission. That role dates back to the unanimous adoption of original 1975 Landmarks
Ordinance.
Thank you for your and consideration.
Roger Genser
Chair, Santa Monica Landmarks Commission For identification purposes
Sent from my iPhone
7.E.d
Packet Pg. 320 Attachment: Written Comments (4793 : Urgency Extension of Demolition IZO (20 mins))
Item 7 -E
Demolition Permit Review Process IZO Extension
City Council
January 25, 2022
7.E.e
Packet Pg. 321 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
Adopt Extension to the emergency Interim Zoning Ordinance for the Demolition Permit Review Process
Recommended Action
7.E.e
Packet Pg. 322 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
Council Past Actions on Demolition Review IZO
•November 2018 –Interim demolition review process adopted in line with judicial guidance
•November 2019 –IZO extended to November 2021
•June 9, 2020 –Council gave direction on proposed budget including returning with proposal for
restructured historic preservation program
•June 23, 2020 -Council adopted a restructured historic preservation program in line with staff
and budget cuts
•July 14, 2020
•Revised demolition permit review process eliminated Landmarks Commission review of demolition
permit applications
•Revised process maintains 75-Day waiting period and public notice
•Application costs shifted to property owner
Background
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Packet Pg. 323 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
•Clarification of Landmarks Commission authority to exercise its regulatory role in
reviewing historic resources impacts created by proposed demolitions
•Transparency in the public process
•Clarity for property owners
•Balancing staff resources across the entire preservation program
Principles for Revised Demolition Review Process
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Packet Pg. 324 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
Revised vs Prior Demolition Review Process
Procedural Steps Prior Process
Total days to hearing Maximum 180-days to hearing
Who reviews?Landmarks Commission
Who pays for application fee?Designation applicant
Who pays for consultant report?City (approx. $80,000/year)
#of Landmarks Comm. hearings preliminary + formal hearing (2)
Revised Process
Maximum 180-days to hearing
Community
Demolition permit applicant
Demolition permit applicant
formal hearing (1)
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Packet Pg. 325 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
•Data since demolition IZO changes (July 2020 –present)
•Number of demolition applications filed –66
•Number of designation applications filed as a result of demolition review –4
•Data during demolition review IZO (December 2018-July 2020)
•Number of demolition applications filed –114
•Number of resources designated as a result of demolition review -3
•Data during community-based applications period when Landmarks Commission was not reviewing demolition permits (July-December 2018)
•Number of demolition applications filed –56
•Number of resources designated as a result of demolition review –5
Comparing Results of IZO vs Prior Process
NOTE: Rate of designation applications as a result of demolition
applications relatively consistent across different processes
7.E.e
Packet Pg. 326 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
Public Notification
•Enhancements to Public Notification for Demo Permits
•Direct Link to Open Data Portal listing Demolition Permit
Applications
•Monthly posting of demolition permit list in Landmarks
Commission website
•Links to full demo application
•HRI properties –DPR sheets Included
•Permit records publicly searchable
•Sign-up box to receive e-mail notification of Landmarks
Commission agendas and demolition list
•E-mail notification when demo list is posted
Example of Information Provided on Landmarks Website
7.E.e
Packet Pg. 327 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
Adopt Extension to the emergency Interim Zoning Ordinance for the Demolition Permit Review Process
Recommended Action
7.E.e
Packet Pg. 328 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20
Demolition Review IZO | City Council | 01.25.2022
•Maximum 180-day process to hearing
•Community reviews demolition
applications
•Demolition permit applicant pays for
designation application fee
•Demolition permit applicant pays for
consultant report
•Landmarks Commission holds
designation hearing
Revised vs Prior Demolition Review Process
•Maximum 180-day process to hearing
•Landmarks Commission reviews
demolition applications in preliminary
hearing
•City paid for assessment reports
(approximately $80,000/year)
•Landmarks Commission holds
designation hearing
Revised Process Prior Process
7.E.e
Packet Pg. 329 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20