ITEM 8-B
Council Mtg: September 25, 1990
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading an
Ordinance Adding Sections 9631 Through 9638 To Chapter
6 of the Santa Monica Municipal Code Implementing
Procedures for Review of the Alteration or Demolition
of Structures Located in the Third Street Neighborhood
Historic District.
INTRODUCTION
This report recommends that the City Council introduce for first
reading an ordinance implementing the review procedures for the
alteration or demolition of structures located in the Third
Street Neighborhood Historic District. On July 24, 1990 the City
Council unanimously designated the area as Santa Monica's first
historic district. At the same time, Council directed staff to
prepare an ordinance to govern the review of Certificate of
Appropriateness applications and to set forth the types of
alterations that may occur without such a Certificate. The
ordinance, which is contained in Attachment A, is based on the
Landmarks Commission's recommendation on the provisions of a
Third Street Neighborhood Historic District ordinance. During
the review of the Historic District application, the Landmarks
Commission considered the input of the residents in the District
and developed a comprehensive approach to reviewing projects in
the area.
BACKGROUND
The Landmarks Commission's purpose in recommending the adoption
of the subject ordinance is to streamline and simplify the
process for reviewing alterations to structures within the
historic district while still insuring that the modifications and
new construction are compatible with the district character and
will not damage an individual building's architectural integrity.
Therefore, the ordinance has been structured to permit three
levels of review: alterations that are exempt from any review
process; alterations that may be approved administratively; and
alterations that will require the approval of the Landmarks
Commission through the Certificate of Appropriateness public
hearing process. Without the adoption of such an ordinance, any
type of exterior alteration to a structure within the historic
district would be subject to the Landmarks Commission's review
and approval through the Certificate of Appropriateness process.
For ease of administration, the intent is to have a
self-contained ordinance for the Third Street Neighborhood
Historic District. Therefore, the ordinance has been set up to
provide its own sections on definitions, applicability, criteria
for review, procedures, demolitions, Architectural Review
exemption, and design guidelines that are separate from the
Landmarks Ordinance. The following outlines some of the
significant features of the proposed ordinance.
Contributing and Non-Contributing Structures
As defined in the ordinance, contributing structures are all
buildings in the district constructed prior to or during 1935.
Non-contributing structures are all buildings within the district
constructed after 1935. Alterations to both contributing and
non-contributing structures will be subject to the same review
process. While the close review of alterations to
non-contributing structures may appear to be overly restrictive,
the Landmarks Commission believes that it is important to review
changes to these buildings to insure that the modifications do
not negatively impact adjacent historic structures and to provide
the opportunity to increase the compatibility between
contributing and non-contributing buildings when property owners
propose building alterations.
Certificate of Exemption
A Certificate of Exemption permits certain specified alterations
to occur to any structure in the district without either
administrative review or Landmarks Commission review. These
alterations, which are enumerated in Section 9632(A) of the
proposed ordinance, include flat concrete work in the side and
rear yards, exterior alterations not visible from the street that
do not result in the increase or decrease of building square
footage, and general maintenance and repair work. A Certificate
of Exemption may be issued automatically by the Landmarks
Commission Secretary if the project meets the exemptions list.
Projects that cannot meet this list shall be processed as either
an application for a Certificate of Administrative Approval or a
Certificate of Appropriateness, as determined by the Landmarks
Commission Secretary.
Certificate of Administrative Approval
A Certificate of Administrative Approval allows certain specified
alterations to occur to any structure within the district subject
to the review of the Landmarks Commission Secretary. These types
of modifications, which are listed in Section 9632(B) of the
ordinance, include foundation work, roofing work, skylights, and
the addition or subtraction of building square footage if not
visible from the street. The Landmarks Commission Secretary may
approve a Certificate of Administrative Approval if the project
meets, or is determined to be similar to, the list of work
identified in the ordinance and if the proposal is found not to
be detrimental to the structure and does not impact the district
integrity. Projects that cannot be administratively approved
shall be processed as Certificate of Appropriateness
applications.
Certificate of Appropriateness
A Certificate of Appropriateness shall be required for all major
alterations to structures as well as for all new construction
within the district. Major alterations, which are listed in
Section 9632(C) of the proposed ordinance, include the surfacing
or resurfacing of exterior walls, the removal, demolition or
alteration to the front of a structure or to the rear of the
structure if visible from the street, and any alteration to front
yard fences, paving, or walkways.
A Certificate of Appropriateness for a contributing structure in
the district may be granted by the Landmarks Commission if it is
found that the project is compatible with other contributing
structures in the district, will not adversely affect the
district character, will not adversely affect the individual
building's character or if the applicant has obtained the
approval of a Certificate of Economic Hardship consistent with
Section 9611.5 of the Landmarks Ordinance.
The Landmarks Commission may approve a Certificate of
Appropriateness for a non-contributing structure in the district
if it is found that reasonable effort has been made to produce
compatibility with the district character and with the scale,
materials, and massing of the district's contributing structures.
A Certificate of Appropriateness permitting the construction of a
new building in the district may be approved if it is found that
the project does not adversely affect the district character and
that the project is compatible with the scale, materials, and
massing of the district's contributing structures.
The Landmarks Commission's determination on these applications
may be appealed to the City Council, as is the current practice
with Certificate of Appropriateness and Certificate of Economic
Hardship applications.
Demolition of Structures Within the District
The Landmarks Commission may approve a Certificate of
Appropriateness application to permit the demolition of a
contributing structure within the district if it is found that
the structure would not merit designation as either a National
Historic Landmark, a National Register of Historic Places
landmark, a California Registered Historical Landmark, or a
California Point of Historical Interest, that preserving the
building through conversion into a new use or through relocation
within the district boundaries is not feasible, and that
demolition of the building would not diminish the district's
historic integrity. Alternately, a Certificate of Economic
Hardship could be issued to permit demolition.
The demolition of non-contributing structures within the district
will be subject to the existing Municipal Code procedures for the
demolition of structures within the City.
Procedures
The ordinance specifies in Section 9635(C) that the Landmarks
Commission must review and approve applications for Certificate
of Appropriateness or Certificate of Economic Hardship involving
the demolition of a contributing structure prior to the review
and approval of any Zoning Administrator Permit, Conditional Use
Permit, Development Review Permit, Tentative Parcel Map,
Tentative Tract Map or the issuance of a building permit for a
new project. The purpose of stipulating an order of review is to
eliminate the possibility of a project being approved by the
Zoning Administrator or the Planning Commission prior to the
Landmarks Commission's consideration of the proposal. This order
is essential when a proposed project involves the demolition of a
contributing structure. It allows the Landmarks Commission to
first consider the request to demolish the structure. If the
Commission can make findings to approve the demolition request,
then the proposed project may proceed through the approval
process, ultimately returning to the Landmarks Commission for
design approval through a new and separate Certificate of
Appropriateness application. Without this procedure a new
project could be approved by the Zoning Administrator or Planning
Commission before the Landmarks Commission would have the
opportunity to determine if demolishing the contributing
structure impacts the district integrity.
In order to simplify the design review process for structures
within the district, as stated in Section 9636, the Third Street
Neighborhood Historic District will be exempted from
Architectural Review Board approval. The Landmarks Commission
essentially performs the same role as the Architectural Review
Board, considering issues such as materials, colors, massing, and
scale in addition to contextual compatibility, appropriate
restoration methods and consistency with the building's historic
character and integrity.
Public notification of hearings for Certificate of
Appropriateness applications will remain consistent with the
current Landmarks Ordinance, which requires the mailing of
notices to all properties in the district and within 300 feet of
the district's exterior boundaries. In addition, within 10 days
of deeming the application complete, applicants of all
Certificate applications shall be required to post a notice
regarding the pending application. There shall be no additional
notification required for Certificates of Exemption or
Administrative Approval.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact. Although, the creation of
administrative review procedures as well as an increase in
Certificate of Appropriateness applications associated with the
Third Street Neighborhood Historic District will result in
additional staff time, staff does not recommend establishing fees
for Certificates of Exemption or Administrative Approval since
these permits are required for minor alterations that do not
require public hearings.
RECOMMENDATION
It is respectfully recommended that the Council introduce for
first reading an ordinance implementing procedures for the review
of the alteration or demolition of structures located within the
Third Street Neighborhood Historic District.
Prepared by: Paul Berlant, Director of Planning
Suzanne Frick, Principal Planner
Amanda Schachter, Associate Planner
Planning Division
Community and Economic Development Department
Attachments: A. Proposed Ordinance
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 6A TO ARTICLE IX
OF THE SANTA MONICA MUNICIPAL CODE
IMPLEMENTING PROCEDURES FOR REVIEW OF THE
ALTERATION OR DEMOLITION OF STRUCTURES LOCATED
IN THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT
WHEREAS, on July 24, 1990, the City Council found and
declared that the Third Street Neighborhood Historic District
possesses aesthetic significance to Santa Monica; and
WHEREAS, the area displays a high percentage of original,
turn of the century structures, a consistency in building type,
primarily the California bungalow, and a close association with
the natural environment, as demonstrated in particular by the
siting of the homes on the east side of Third Street which are
set into the slope of the hill and these elements combine to
create an area with both a sense of place and a sense of Santa
Monica's past; and
WHEREAS, the City Council found and declared that the Third
Street Neighborhood Historic District possesses historical
economic significance to Santa Monica in that the Vawter family,
leading developers of the Neighborhood, were also influential in
the economic success of Ocean Park through the founding and
operation of Ocean Park's first bank and through the ownership
and operation of one of Ocean Park's earliest businesses and
tourist attractions, the Ocean Park Floral Company; and
WHEREAS, the development of piers, bathhouses and hotels
stimulated growth in the Ocean Park area by providing jobs and
attracting both residents and visitors to Ocean Park and to the
Third Street Neighborhood; and
WHEREAS, the City Council found and declared that the Third
Street Neighborhood Historic District possesses historic
significance to Santa Monica in that the neighborhood is
associated with many prominent early City residents, including
the Vawter, Hostetter and Archer families, and Abbot Kinney; and
WHEREAS, the City Council found and declared that the Third
Street Neighborhood Historic District possesses architectural
significance to Santa Monica in that the area displays a variety
of architectural styles, from Victorian to Gothic, to American
Colonial Revival, to California Craftsman, to Spanish Colonial
Revival; and
WHEREAS, the City Council found and declared that the Third
Street Neighborhood Historic District possesses cultural
significance to Santa Monica in that the area has ties to Santa
Monica's religious, artistic, and political life through the
inclusion of both the Church in Ocean Park and the Iglesia El
Sermon Del Monte Asambleas De Dios (built in 1916 as the First
Baptist Church) in the District, the Neighborhood's proximity to
the murals along the Ocean Park Boulevard/Fourth Street overpass,
and the use of the Archer House by the Ocean Park Community
Center; and
WHEREAS, the City Council directed Staff to prepare a
comprehensive ordinance for the Third Street Historic District
which included procedures for the review and approval of
remodeling, demolition, and addition to structures within the
Third Street Historic District,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6A is added to Article IX of the Santa
Mnoica Municipal Code to read as follows:
Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC
DISTRICT DEVELOPMENT STANDARDS
SECTION 9631. Definitions. Words or phrases as
used in this Chapter shall have the meaning as defined
in Section 9602 except as otherwise defined as follows:
(a) Certificate of Administrative Approval. A
certificate issued by the Landmarks Commission
Secretary, or Landmarks Commission on Appeal, for a
Project in the Third Street Neighborhood Historic
District pursuant to Section 9633(b).
(b) Certificate of Appropriateness. A certificate
issued by the Landmarks Commission Secretary for a
Project in the Third Street Neighborhood Historic
District pursuant to Section 9633(c).
(c) Certificate of Exemption. A certificate
issued by the Landmarks Commission Secretary for a
Project in the Third Street Neighborhood Historic
District pursuant to Section 9633(a).
(d) Contributing Structures. All structures
located within the Third Street Neighborhood Historic
District boundaries that were constructed in 1935 or
earlier.
(e) District. The Third Street Neighborhood
Historic District.
(f) Project. Any alteration, restoration,
construction, reconstruction, removal, relocation, or
demolition of a structure within the Third Street
Neighborhood Historic District.
(g) Third Street Neighborhood Historic District
Boundaries. The Third Street Neighborhood Historic
District boundaries consist of the area bounded on the
east by the rear property line of the parcels on the
east side of Third Street; bounded on the south by Hill
Street including the parcels on the south side of the
street but excluding the parcel on the southeast corner
of Hill Street and Third Street; bounded on the west by
the rear property line of the parcels on the west side
of Second Street; and bounded on the north by Ocean
Park Boulevard.
(h) Non-contributing Structures and Sites. All
structures located within the Third Street Neighborhood
Historic District boundaries constructed after 1935 as
well as vacant parcels.
(i) Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings. Those certain guidelines for the
planning and review of historic building rehabilitation,
restoration, alteration and addition, prepared by the
United States Department of Interior dated 1976, and as
may be amended from time to time.
SECTION 9632. Applicability.
(a) Certificate of Exemption. A Certified
Exemption shall be granted for the following work to
Contributing and Non Contributing buildings within the
District:
(1) All interior alterations;
(2) House painting resulting in no change in
color;
(3) New screens;
(4) Flat concrete work in the side and rear
yards;
(5) Exterior alterations not visible from the
street that do not result in increase or decrease in
building square footage;
(6) Repaving of existing front yard paving,
concrete work, and walkways, if the same material as
existing is used;
(7) General maintenance and repair if it
results in no change in existing appearance;
(8) Removal or addition of minor landscape
features; or
(9) Removal of major landscape features if
severely damaged or diseased.
(b) Certificate of Administrative Approval. A
Certificate of Administrative Approval shall be required
for the following work to Contributing and
Non-Contributing buildings within the District:
(1) Roofing work, other than general
maintenance;
(2) Foundation work, other than general
maintenance;
(3) Chimney work, other than general
maintenance;
(4) House painting resulting in a change in
color;
(5) Rear or side yard fences if visible from
the street;
(6) Retaining walls;
(7) New windows or doors;
(8) Skylights;
(9) Roof top solar equipment or exterior
telecommunication equipment;
(10) Mechanical systems including air
conditioning or heating;
(11) Any addition or subtraction in building
square footage on side or rear not visible from the
street;
(12) Removal of major landscape features if
not diseased; or
(13) Repaving of existing front yard paving,
concrete work, or walkways, if material used differs
from existing.
(c) Certificate of Appropriateness. A Certificate
of Appropriateness shall be required for the following
work to Contributing and Non-Contributing buildings
within the Third Street Neighborhood Historic District:
(1) Surfacing and resurfacing of exterior
walls;
(2) Removal, demolition, addition or
alteration to front porches;
(3) Removal, demolition, addition or
alteration to the front of structures;
(4) Removal, demolition, addition or
alteration to the side or rear of structures if visible
from the street;
(5) Construction of new buildings within the
Third Street Historic District boundaries;
(6) Relocation of buildings within or into the
Third Street Neighborhood Historic District;
(7) Removal, demolition, addition or
alteration to front yard fences;
(8) Removal, demolition, addition or
alteration to front yard paving, concrete work,
walkways;
(9) Removal, demolition, addition or
alteration to building roof lines;
(10) Any other similar work not enumerated in
9632(a) or 9632(b), as determined by the Landmarks
Commission Secretary within his or her sole discretion,
except that any demolition of a Contributing or
Non-contributing structure shall be governed by the
provisions of Section 9635.
SECTION 9633. Criteria For Issuance of
Applications.
(a) Criteria for Issuance of Application for
Exemption. The Landmarks Commission Secretary shall
issue a Certificate of Exemption for Projects in the
District if the Secretary finds that the proposed
Project is included within the list of work enumerated
in Section 9632(a).
(b) Criteria for Issuance of Application for
Certificate of Administrative Approval. The Landmarks
Commission Secretary, or the Landmarks Commission on
appeal, shall issue a Certificate of Administrative
Approval for Projects in the District if the Secretary
or Commission finds that the Project is included within
the list of work enumerated in Section 9632(b); that the
Project is not detrimental to the character of the
structure; and that the Project does not detract from
the integrity of the district.
(c) Criteria for Issuance of Application for
Certificate of Appropriateness. The Landmarks
Commission, or the City Council on appeal, shall issue a
Certificate of Appropriateness for Projects in the
District if it finds that the Project is included within
the list of work enumerated in Section 9632(c), and it
makes a determination in accordance with any one or
more, as appropriate, of the following criteria. Such
criteria shall be in lieu of those otherwise required by
9611(b):
(1) That in the case of any proposed
alteration, restoration, construction, removal, or
relocation, in whole or in part of or to a contributing
building or structure within the District, the proposed
work would not be incompatible with the exterior
features of other contributing improvements within the
District, not adversely affect the character of the
District, and not be inconsistent with any design
guidelines and standards that may be developed and
adopted by the Landmarks Commission specifically for the
District; or
(2) That in the case of any proposed
alteration, restoration, construction, removal, or
relocation, in whole or in part, of or to a contributing
building or structure within the District, the proposed
work would not adversely affect any exterior feature of
the historic structure; or
(3) That in the case of any proposed work to
a non contributing building or structure within the
District reasonable effort has been made to produce
compatibility with the District character as set forth
in Section 9630, and with the scale, materials, and
massing of the contributing structures within the
District; or
(4) That in the case of any proposed
construction of a new improvement on any parcel located
within the District boundaries, the exterior features of
such new improvement would not adversely affect and not
be disharmonious with the District character as set
forth in Section 9630, and with the scale, materials,
and massing of the contributing structures within the
District; or
(5) That the applicant has obtained a
Certificate of Economic Hardship in accordance with
Section 9611.5.
SECTION 9634. Procedures.
(a) Certificate of Exemption and Certificate of
Administrative Approval.
(1) Application Process. An application for
a Certificate of Exemption and Certificate of
Administrative Approval for a Project in the District
shall be filed only by the property owner or the
property owner's authorized agent on a form supplied by
the City. An application shall be deemed complete
within 30 days after the Planning Division receives a
substantially complete application together with all
information, plans, specifications, statements of work,
verification that the applicant has met with adjacent
property owners and residents to seek their input, and
other material and documents required by the
application. If, within the specified time period, the
Planning Division fails to advise the applicant in
writing that his or her application is incomplete and to
specify additional information required to complete that
application, the application shall automatically be
deemed complete. A public hearing shall not be required
for issuance of a Certificate of Exemption or a
Certificate of Administrative Approval, but posting of
the property pursuant to Section 9634(a)(3) shall be
required.
(2) Timing of Application. A Certificate of
Exemption or a Certificate of Administrative Approval
for a Project in the District approved by the Landmarks
Commission Secretary shall be required to be issued
prior to issuance of any Building Permit for, or
commencement of, the use or activity.
(3) Posting of Property. Within 10 days
after an application has been deemed complete for a
Certificate of Exemption, Certificate of Administrative
Approval, Certificate of Appropriateness, or Certificate
of Economic Hardship for a Project in the District, the
applicant shall continuously post notice of the pending
application on the property in the manner set forth by
the Zoning Administrator in the Application Form
supplied by the City.
(4) Determination. The Landmarks Commission
Secretary shall issue written findings approving or
denying a Certificate of Exemption or a Certificate of
Administrative Approval for a Project in the District
within 30 days of the application being deemed complete.
(b) Certificate of Appropriateness and Certificate
of Economic Hardship.
(1) Application Process. An application for
a Certificate of Appropriateness, or Certificate of
Economic Hardship for a Project in the District shall be
filed only by the property owner or the property owner's
authorized agent. A Certificate of Appropriateness and
Certificate of Economic Hardship shall be processed in
accordance with Section 9612(a) through 9612(k), except
that the applicant shall also be required to post notice
of the pending application as provided in Section
9634(a)(3).
(2) Timing of Application. A Certificate of
Appropriateness or Certificate of Economic Hardship for
a Project in the District approved by the Landmarks
Commission shall be required to be issued prior to
issuance of any demolition permit, Building Permit for,
or commencement of, the use or activity.
(3) Posting of Property. Within 10 days
after an application has been deemed complete for a
Certificate of Exemption, Certificate of Administrative
Approval, Certificate of Appropriateness, or Certificate
of Economic Hardship for a Project in the District, the
applicant shall continuously post notice of the pending
application on the property in the manner set forth by
the Zoning Administrator in the Application Form
supplied by the City.
(4) Determination. The Landmarks Commission
shall issue its determination on a Certificate of
Appropriateness or Certificate of Economic Hardship for
a Project in the District in accordance with Section
9612(e) through 9612(g).
(c) Appeals. Appeals shall be processed according
to the following procedures:
(1) Certificate of Exemption. The approval,
conditions of approval, or denial of a Certificate of
Exemption shall not be appealable, except that upon the
request of the applicant the Landmarks Commission
Secretary shall process any such denial as an
application for a Certificate of Administrative Approval
or Certificate of Appropriateness, as appropriate. The
applicant must comply with all rules and procedures,
including the payment of any applicable fees, governing
the applicable certificate.
(2) Certificate of Administrative Approval.
The approval, conditions of approval, or denial of a
Certificate of Administrative Approval for a Project in
the District may be appealed to the Landmarks Commission
by any aggrieved person. Appeals must be filed within
14 days of the date of the determination. A public
hearing before the Landmarks Commission shall be
scheduled at the next available regular meeting. Public
notice of the appeal hearing shall conform to the manner
in which the original notice of application was given.
(3) Certificate of Appropriateness and
Certificate of Economic Hardship. The approval,
conditions of approval, or denial of an application for
a Certificate of Appropriateness or Certificate of
Economic Hardship may be appealed to the City Council
according to the procedures set forth in Section 9613.
(d) Expiration of Approvals. Any Certificate
issued for a Project in the District pursuant to this
Chapter shall expire of its own limitation within a one
hundred and eighty (180) day time period commencing on
the effective date of the Certificate if the work
authorized is not commenced by the end of such one
hundred and eighty (180) day time period. In addition,
any Certificate shall also expire and become null and
void if such work authorized is suspended or abandoned
for a one hundred and eighty (180) day time period after
being commenced.
(e) Effective Date of Decision. A decision on a
Project in the District that is subject to appeal shall
not become effective until after the date the appeal
period expires. A decision not subject to appeal shall
become effective upon issuance.
(f) Extension of Approvals. The Landmarks
Commission may, by resolution, for good cause, extend
the time period for exercising a Certificate of
Exemption, a Certificate of Administrative Approval,
Certificate of Appropriateness or Certificate of
Economic Hardship for a Project in the District for a
period of up to one hundred and eighty (180) days upon
such terms and conditions as the Commission deems
appropriate. Such extended Certificate shall expire if
the work authorized by the extension is not commenced by
the end of the extension period.
(g) Resubmittal of an Application.
Notwithstanding Section 9612(l), whenever an application
for a Certificate of Exemption or Certificate of
Administrative Approval, for a Project in the District
has been deemed disapproved by the Landmarks Commission
Secretary or by the Landmarks Commission on appeal, or
whenever an application for a Certificate of
Appropriateness or Certificate of Economic Hardship for
a Project in the District has been deemed disapproved by
the Landmarks Commission or by the City Council on
appeal, no application which is substantially the same
may be resubmitted to or reconsidered by the the
Landmarks Commission Secretary, Landmarks Commission or
City Council for a period of twelve (12) months from the
date of the effective date of the final action.
However, any such Certificate application may be refiled
at any time during the twelve month period provided that
the applicant submits significant additional information
which was not and could not have been submitted with the
previous application. The refiled application shall be
processed in the same manner as the original
application.
(h) Fees. The City Council may by Resolution
establish fees for any application or appeal permitted
by this Chapter.
SECTION 9635. Demolition.
(a) Contributing Structures. The demolition of
contributing structures located within the District
shall only be permitted upon issuance of a certificate
pursuant to subsections (1) or (2) below:
(1) The Landmarks Commission's issuance of a
Certificate of Appropriateness based upon all of the
following findings:
A. That the structure does not embody
distinguishing architectural characteristic valuable to
a study of a period, style, method of construction or
the use of indigenous materials or craftsmanship and
does not display such aesthetic or artistic quality that
it would not reasonably meet the criteria for
designation as one of the following: National Historic
Landmark, national Register of Historic Places,
California Registered Historical Landmark, or California
Point of Historical Interest.
B. That the conversion of the structure
into a new use permitted by right under current zoning
or with a Conditional Use Permit, rehabilitation, or
some other alternative for preserving the structure,
including relocation within the District boundaries is
not feasible.
C. That the removal of the structure
from the District will not result in a loss of the
District's historic integrity.
(2) The Landmarks Commission's issuance of a
Certificate of Economic Hardship in accordance with
Section 9611.5.
(b) Non-Contributing Structures. The demolition
of non-contributing structures located within the
District shall be permitted only upon compliance with
the procedures set forth in Section 9048.1.
(c) Demolition Permit Order of Review. Whenever a
Project is proposed for a structure or site within the
District boundaries that involves the demolition of a
contributing structure and will require the review,
approval, or issuance of any Zoning Administrator
Permit, Conditional Use Permit, Development Review
Permit, Tentative Parcel Map, Tentative Tract Map, or
building permit the applicant must first obtain either a
Certificate of Appropriateness or a Certificate of
Economic Hardship from the Landmarks Commission to
permit such demolition.
SECTION 9636. Architectural Review Board
Exemption. All structures located within the boundaries
of the District shall be excluded from any City
architectural review district, and be exempt from
Architectural Review Board approval.
SECTION 9637. Design Guidelines. The Secretary of
the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings may be
used by the Landmarks Commission and Landmarks
Commission Secretary to assist in its evaluation of
proposed Projects within the District. The Secretary's
Guidelines, however, shall not be considered dispositive
with respect to any Project or determination on any
Certificate required for work in the District.
SECTION 9638. Maintenance and Repair. Every
property owner of a structure within the District shall
have the duty of keeping in good repair all exterior
features of the District structure, and all interior
features thereof which, if not so maintained, may cause
or tend to cause the exterior features of the Historic
District structure to deteriorate, decay, or become
damaged, or otherwise to fall into a state of disrepair.
Inspections may be conducted by the City upon request of
District residents and property owners in the District
when potential health and safety violations exist.
SECTION 2. 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 affect
the provisions of this ordinance.
SECTION 3. 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 the ordinance. The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or clause, or phrase
not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 4. 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. The ordinance shall be
effective 30 days from its adoption.
APPROVED AT TO FORM:
ROBERT M. MYERS
City Attorney