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City Council Meeting 8-9-05 Santa Monica, California
ORDINANCE NUMBER 2166 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA MONICA AMENDING NON-SUBSTANTIVE PROVISIONS OF SECTIONS
9.36.120 AND 9.36.180 OF THE LANDMARKS ORDINANCE TO ELIMINATE ACTUAL
OR POTENTIAL AMBIGUITIES IN THE ORDINANCE AND TO SERVE THE
INTERESTS OF CLARITY AND BREVITY
WHEREAS, the substantive provisions of the landmarks Ordinance will be
updated as part of the City's update of its land Use Element and Zoning Ordinance;
and
WHEREAS, while this process will be handled as quickly as possible, the
project's scope will of necessity cause this project to take significant time; and
WHEREAS, in the interim, legal staff received inquiries about the possibility of a
speedy update of purely procedural provisions of the Landmarks Ordinance; and
WHEREAS, the procedural provisions require update to eliminate actual or
potential ambiguities in the Landmarks Ordinance and to serve the interests of darity
and brevity; and
WHEREAS, at its January 6,2005 and March 14,2005 meetings, the Landmark
Commission considered a list of possible revisions prepared by Staff; and
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WHEREAS, at its March 14, 2005 meeting, the landmark Commission
unanimously approved possible statutory amendments that might be considered by the
City Council; and
WHEREAS, on April 26, 2005, the City Council considered these potential
statutory amendments and directed that the City Attorney's Office return with this
ordinance; and
WHEREAS, this ordinance would revise and clarify certain procedural provisions
of the landmarks Ordinance while not affecting the substance of the law,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 9.36.120 is hereby
amended to read as follows:
9.36.120 Landmark designation procedure.
landmarks shall be designated by the landmarks
Commission in accordance with the fOllowing procedure:
(a) Any person may request the designation of an
improvement as a landmark by filing a complete application
for such designation with the City Planning Division on a
form furnished by the Division. Additionally, the Commission
may file an application for the designation of a Landmark on
its own motion. Within thirty days of filing a landmark
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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 Administrator 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 of Planning shall conduct an
evaluation of the proposed designation and shall make a
recommendation to the Commission as to whether the
improvement merits designation. A public hearing to
determine whether the improvement merits designation shall
be scheduled before the Landmarks Commission within
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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.
(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.
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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 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 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 concluded the public hearing on the
application.
(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
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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
9.36.120 and Section 9.36.180 of this Chapter, a decision of
the Commission to designate a Landmark shall be in full
force and effect from and after the date of the rendering of
such decision by the Commission.
(h) Within 35 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.
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(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.
(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.
U) 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 said five year time period.
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SECTION 2. Santa Monica Municipal Code Section 9.36.180 is hereby
amended to read as follows:
9.36.180 Appeals.
An appeal to the City Council of an action of the
Landmarks Commission shall be processed in accordance
with the following procedure:
(a) Each of the following actions by the
Commission may be appealed to the City Council:
(1 ) Any decision relating to an application for the
designation of a Landmark.
(2) Any decision defining and describing a
Landmark Parcel upon which a Landmark is situated.
(3) Any decision amending, modifying or rescinding
any decision to designate a Landmark or Landmark Parcel,
or any preliminary or supplemental designations,
determinations or decisions, as additions thereto.
(4) Any decision relating to an application for a
certificate of appropriateness.
(5) Any decision relating to a structure of merit.
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(6) The approval or disapproval of an application of
a Landmark, Historic District, Structure of Merit, or certificate
of appropriateness that occurred as a result of the expiration
of the required time periods for processing such applications.
(b) Any person may appeal a determination or
decision of the Commission by filing a notice of appeal with
the City Planning Division on a form furnished by the
Planning Division. Such notice of appeal shall be filed within
ten consecutive days commencing from the date that such
determination or decision is made by the Commission or
from the date an application is deemed approved or
disapproved because of the failure to comply with any time
period set forth in this Chapter. The notice of appeal shall be
accompanied by a fee required by law. Notwithstanding any
of the foregoing, any member of the Commission or City
Council may request a review by the Commission or City
Council of any determination or decision of the Commission
without the accompaniment of such fee in the amount
required by law.
(c) The City Council shall schedule a public hearing
to be held within forty-five days after the notice of appeal is
properly filed with the City Planning Division. The owner of
the improvement may agree to extend the time period for the
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City Council to hold and conclude 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 the Director of Planning by at least one publication
in a daily newspaper of general circulation, and shall be
mailed to:
(1) the appellant;
(2) the owner and residential or commercial tenants
of the Landmark in the case of any action regarding a
Landmark;
(3) the owners of all real property within the Historic
District in the case of any action regarding an entire Historic
District;
(4) the owners of all real property and residential and
commercial tenants within three hundred feet of the exterior
boundaries of the lot or lots on which a Landmark is located
in the case of any action regarding a Landmark;
(5) the owners and all commercial and residential
tenants of all real property within three hundred feet of the
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exterior boundaries of the Historic District in the case of any
action regarding an entire Historic District;
(6) the owners of all real property and all commercial
and residential tenants within three hundred feet of the
exterior boundaries of the lots or lots on which a building or
structure is located in the case of any action regarding a
building or structure within a Historic District.
The names and addresses of such owners as are shown on
the records of the Los Angeles County Assessor shall be
used for providing this notification. 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
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 or the City
Council 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 City Council shall render its
decision on the notice of appeal and shall approve, in whole
or in part. or disapprove the prior determination or decision
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of the Commission. Any continued pUblic hearing must be
completed within thirty days from the date set for the initial
public hearing. The City Council decision shall be in full
force and effect from and after the date such decision is
made. If the City Council fails to take action on the notice of
appeal within the thirty day time period, the notice of appeal
shall be deemed disapproved. The owner of the
improvement may agree to extend the time period for the
City Council to hold and conclude the public hearing on the
application.
(f) Within 30 days after the decision has been
made, the City Council shall approve a statement of official
action 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.
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(4) The decision to deny or to approve with or without
conditions and subject to compliance with applicable
standards.
(g) The appellant and the owner of the Landmark in
the case of a decision regarding a Landmark, the owners of
all real property within the Historic District in the case of a
decision regarding an entire Historic District, or the owner of
a building or structure in the case of a building or structure
within a Historic District shall be provided a copy of the
statement of official action, using for this purpose the names
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and addresses of such owners as are shown in the records
of the Los Angeles County Assessor. .
SECTION 3. 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 4. 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
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any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. 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:
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Approved and adopted this 9th day of August, 2005.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2166 (CCS) had its introduction on July 26,2005, and was
adopted at the Santa Monica City Council meeting held on August 9, 2005, by the
following vote:
Ayes: Council members: Mayor Pro Tem Katz, Bloom, Genser, Holbrook, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor O'Connor, McKeown
ATTEST:
- ~~') ~
Maria M. St~wart, City Clerk
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