ITEM 6-C
City Council Meeting 7-23-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Chapter 6 of Article IX
of the Santa Monica Municipal Code Relating
to Landmarks and Historic Districts
At its meeting on July 16, 1991, the City Council
introduced for first reading an ordinance amending Chapter 6 of
Article IX of the Municipal Code relating to landmarks and
historic districts. The ordinance is now presented to the City
Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE IX
OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
LANDMARKS AND HISTORIC DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 6 of Article IX of the Santa Monica
Municipal Code is amended to read as follows:
Chapter 6 - LANDMARKS AND HISTORIC DISTRICTS
SECTION 9600. Title. This Chapter shall be
known as the Landmark and Historic District
Ordinance of the City of Santa Monica.
SECTION 9601. Purpose. It is hereby declared
as a matter of public policy that the purpose of
this Chapter is to promote the public health,
safety, and general welfare by establishing such
procedures and providing such regulations as are
deemed necessary to:
(a) Protect improvements and areas which
represent elements of the City's cultural, social,
economic, political, and architectural history.
(b) Safeguard the City's historic, aesthetic
and cultural heritage as embodied and reflected in
such improvements and areas.
(c) Foster civic pride in the beauty and
noble accomplishments of the past.
(d) Protect and enhance the City's aesthetic
and historic attractions to residents, tourists,
visitors, and others, thereby serving as a stimulus
and support to business and industry.
(e) Promote the use of Landmarks, Structures
of Merit, and Historic Districts for the education,
pleasure and welfare of the people of this City.
SECTION 9602. Definitions. As used in this
Chapter, the following words and phrases shall have
the meaning set forth herein, unless it is apparent
from the context that a different meaning is
intended:
Certificate of Appropriateness: A certificate
issued by the Landmarks Commission approving such
plans, specifications, statements of work, and any
other information which is reasonably required by
the Landmarks Commission to make a decision on any
proposed alteration, restoration, construction,
removal, relocation, or demolition, in whole or in
part, of or to a Structure of Merit, Landmark or
Landmark Parcel, or to a building or structure
within a Historic District.
Contributing Building or Structure: A
building or structure which has been identified by
the Landmarks Commission as one which contributes to
the designation of an area as a Historic District.
Exterior Features: The architectural style,
design, general arrangement, components and natural
features or all of the outer surfaces of an
improvement, including, but not limited to, the
kind, color, and texture of the building material,
the type and style of all windows, doors, lights,
signs, walls, fences, and other fixtures appurtenant
to such improvement, and the natural form and
appearance of, but not by way of limitation, any
grade, rock, body of water, stream, tree, plant,
shrub, road, path, walkway, plaza, fountain,
sculpture or other form of natural or artificial
landscaping.
Historic District: Any geographic area or
non-contiguous grouping of thematically related
properties which the City Council has designated as
and determined to be appropriate for historical
preservation pursuant to the provisions of this
Chapter.
Improvement: Any building, structure, place,
site, work of art, landscape feature, plant-life,
life-form, scenic condition, or other object
constituting a physical betterment of real property,
or any part of such betterment.
Landmark: Any improvement which has been
designated as and determined to be appropriate for
historical preservation by the Landmarks Commission,
or by the City Council on appeal, pursuant to the
provisions of this Chapter.
Landmark Parcel: Any portion of real
property, the location and boundaries as defined and
described by the Landmarks Commission, upon which a
Landmark is situated, which is determined by the
Landmarks Commission as requiring control and
regulation to preserve, maintain, protect or
safeguard the Landmark.
Structure Of Merit: Any improvement which has
been designated as and determined to be appropriate
for official recognition by the Landmarks Commission
pursuant to the provisions of this Chapter.
SECTION 9603. Landmarks Commission. A
Landmarks Commission is hereby established which
shall consist of seven (7) members appointed by the
City Council, all of whom shall be residents of the
City over 18 years of age. Of the seven (7)
members, at least one (1) shall be a registered
architect, at least one (1) shall be a person with
demonstrated interest and knowledge, to the highest
extent practicable, of local history, at least one
(1) shall have a graduate degree in architectural
history or have demonstrated interest, knowledge and
practical or professional experience to the highest
extent practicable of architectural history and at
least one (1) shall be a California real estate
licensee. The Director of Planning, or his or her
designated representative, shall act as the
Secretary of the Commission and shall maintain a
record of all resolutions, proceedings, and actions
of the Commission.
SECTION 9604. Vacancies. In the event of a
vacancy occurring during the term of a member of the
Landmarks Commission, the City Council shall make an
interim appointment to fill the unexpired term of
such member, and where such member is required to
have special qualifications pursuant to Section
9603, such vacancy shall be filled by interim
appointment with a person possessing such
qualifications.
SECTION 9605. Powers. In addition to any
other powers set forth in this Chapter, the
Landmarks Commission shall have the power to:
(a) Designate Structures of Merit, Landmarks
and Landmark Parcels, and to make any preliminary or
supplemental designations, determinations, or
decisions, as additions thereto, in order to
effectuate the purposes of this Chapter.
(b) Conduct studies and evaluations of
applications requesting the designation of a
Historic District, make determinations and
recommendations as such appropriateness for
consideration of such applications, and make any
preliminary or supplemental designations,
determinations, or decisions, as additions thereto,
in order to effectuate the purposes of this
Chapter.
(c) Regulate and control the alteration,
restoration, construction, removal, relocation, or
demolition, in whole or in part, of or to a
Structure of Merit, a Landmark or Landmark Parcel,
or of or to a building or structure within a
Historic District, and make any preliminary or
supplemental designations, determinations,
decisions, as additions thereto, in order to
effectuate the purposes of this Chapter.
(d) Adopt, promulgate, amend, and rescind,
from time to time, such rules and regulations as it
may deem necessary to effectuate the purposes of
this Chapter.
(e) Maintain a current listing and
description of designated Structures of Merit,
Landmarks and Historic Districts.
(f) Provide for a suitable sign, plaque, or
other marker, at public or private expense, on or
near a Landmark or Historic District, indicating
that the Landmark or Historic District has been so
designated. The sign, plaque, or other marker shall
contain information and data deemed appropriate by
the Commission, and the placement of such shall be
mandatory in the case of a Landmark held open to the
public use, and shall be at the discretion of the
owner of the Landmark in the case of a Landmark not
held open to the public use.
(g) Participate in the environmental review
procedures called for under this Chapter or under
the California Environmental Quality Act by
providing such comments as the Commission deems
appropriate.
SECTION 9606. Jurisdiction. Unless a
Certificate of Appropriateness has been issued by
the Landmarks Commission, or by the City Council
upon appeal, or unless an express exemption as
provided for in this Chapter specifically applies,
any alteration, restoration, construction, removal,
relocation, or demolition, in whole or in part, of
or to a Structure of Merit, Landmark or Landmark
Parcel, or of or to a building or structure within a
Historic District is prohibited, and no permit
authorizing any such alteration, restoration,
construction, removal, relocation, or demolition
shall be granted by any Department of the City.
SECTION 9606.1. Structure of Merit Criteria.
For the purposes of this Chapter, an improvement may
be designated a Structure of Merit if the Landmarks
Commission determines that it merits official
recognition because it has one of the following
characteristics:
(a) The structure has been identified in the
City's Historic Resources Inventory.
(b) The structure is a minimum of 50 years of
age and meets one of the following criteria:
(1) The structure is a unique or rate
example of an architectural design, detail, or
historical type.
(2) The structure is representative of
a style in the City that is no longer prevalent.
(3) The structure contributes to a
potential historic district.
SECTION 9606.2. Structure Of Merit
Designation Procedure. Structures Of Merit 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 Structure of Merit by properly
filing with the Director of Planning an application
for such designation on a form furnished by the
Planning Department. Additionally, the Commission
may file an application for the designation of a
Structure of Merit on its own motion. Within thirty
(30) days of filing a Structure of Merit designation
application, the property owner and tenants of the
subject property shall be notified of the
application filing.
(b) Upon proper filing of an application for
designation of an improvement as a structure of
merit, removal or demolition, in whole or in part,
of or to a proposed Structure of Merit is
prohibited, and no permit issued by any City
Department, board or commission including, but not
limited to, a Conditional Use Permit, a Tentative
Tract Map, or Tentative Parcel Map Permit, a
Development Review Permit, any Zoning Administrator
Permit, Architectural Review, Rent Control Permit,
or building permit, authorizing any such removal or
demolition shall be granted while any action on the
application is pending.
(c) The Director of Planning shall conduct an
evaluation of the proposed designation and shall
make a recommendation to the Commission as to
whether the structure merits such designation. A
public hearing to determine whether the structure
merits such designation shall be scheduled before
the Landmarks Commission within ninety (90) days of
filing of an application.
(d) Not more than twenty (20) days and not
less than ten (10) days prior to the date scheduled
for a public hearing, notice of the date, time,
place, and purpose thereof shall be given by at
least one publication in a daily newspaper of
general circulation, and shall be mailed to the
applicant, owner of the improvement, and to all
owners and occupants of all real property within
three hundred (300) feet of the exterior boundaries
of the lot or lots on which a proposed Structure of
Merit is situated, using for this purpose the names
and addresses of such owners as are shown on the
records of the City Clerk. The failure to send
notice by mail to any such real property owner where
the address of such owner is not a matter of public
record shall not invalidate any proceedings in
connection with the proposed designation. The
Commission may also give such other notice as it may
deem desirable and practicable.
(e) No later than ninety (90) days from the
filing of an application, the Commission shall
approve, in whole or in part, or disapprove the
application for the designation of a Structure of
Merit. If the Commission fails to take action on
the application for the designation of a Structure
of Merit at the conclusion of the public hearing,
the application for such designation shall be deemed
disapproved, and it shall be the duty of the
Director of Planning to certify such disapproval.
(f) The decision of the Commission shall be
in writing and shall state the findings of fact and
reasons relied upon to reach the decision, and such
decision shall be filed with the Director of
Planning.
(g) Upon the rendering of a decision to
designate a Structure of Merit, the owner of the
designated Structure of Merit shall be given written
notification of such designation by the Commission,
using for this purpose the name and address of such
owner as is shown in the records of the City Clerk.
(h) Subject to other provisions of this
Section 9606.2 and 9612 of this Chapter, a decision
of the Commission to designate a Structure Of Merit
shall be in full force and effect from and after the
date of the rendering of such decision by the
Commission.
(i) The Commission shall have the power,
after a public hearing, to amend, modify, or rescind
any decision to designate a Structure Of Merit and
to make any preliminary or supplemental
designations, determinations or decisions, as
additions thereto.
(j) The Commission shall determine the
instances in which cases scheduled for public
hearing may be continued or take under advisement.
In such instances, no new notice need be given of
the further hearing date, provided such date is
announced at the scheduled public hearing.
(k) Whenever an application for the
designation of a Structure Of Merit has been
disapproved or deemed disapproved by the Commission,
no application which contains the same or
substantially the same information as the one which
has been disapproved shall be resubmitted to or
reconsidered by the Commission or City Council
within a period of five (5) years from the effective
date of the final action upon such prior
application. However, if significant new
information is available, the City Council, upon
recommendation from the Landmarks Commission, may
waive the time limit by resolution and permit a new
application to be filed. In addition, an
application by the owner of the improvement proposed
for Structure Of Merit designation may be
resubmitted or reconsidered notwithstanding said
five (5) year time period.
SECTION 9607. Landmark or Historic District
Designation Criteria.
(a) For purposes of this Chapter, the
Landmarks Commission may approve the landmark
designation of a structure, improvement, natural
feature or an object if it finds that it meets one
or more of the following criteria:
(1) It exemplifies, symbolizes, or
manifests elements of the cultural, social,
economic, political, or architectural history of the
City.
(2) It has aesthetic or artistic
interest or value, or other noteworthy interest or
value.
(3) It is identified with historic
personages or with important events in local, state,
or national history.
(4) It embodies distinguishing
architectural characteristics valuable to a study of
a period, style, method of construction, or the use
of indigenous materials or craftsmanship, or is a
unique or rare example of an architectural design,
detail, or historical type valuable to such a study.
(5) It is a significant or a
representative example of the work or product of a
notable builder, designer, or architect.
(6) It has a unique location, a
singular physical characteristic, or is an
established and familiar visual feature of a
neighborhood, community or the City.
(b) For the purposes of this Chapter, a
geographic area or a non-contiguous grouping of
thematically related properties may be designated a
Historic District if the City Council finds that
such area meets one of the following criteria:
(1) Any of the criteria identified in
Section 9607(a)(1) through (6).
(2) It is a non-contiguous grouping of
thematically related properties or a definable area
possessing a concentration of historic, scenic, or
thematic sites, which contribute to each other and
are unified aesthetically by plan, physical
development, or architectural quality.
(3) It reflects significant
geographical patterns, including those associated
with different eras of settlement and growth,
particular transportation modes, or distinctive
examples of park or community planning.
(4) It has a unique location, a
singular physical characteristic, or is an
established and familiar visual feature of a
neighborhood, community or the City.
SECTION 9607.1. For the purpose of this
Chapter, any interior space regularly open to the
general public, including, but not limited to, a
lobby area may be included in the landmark
designation of a structure or structures if the
Landmarks Commission, or the City Council upon
appeal, finds that such public spaces meet one or
more of the criteria listed under Section 9607.
SECTION 9608. Landmark Designation Procedure.
Landmarks shall be designated by the Landmarks
Commission in accordance with the following
procedure:
(a) Any person of the City may request the
designation of an improvement as a Landmark by
properly filing with the Director of Planning an
application for such designation on a form furnished
by the Planning Department. Additionally, the
Commission may file an application for the
designation of a Landmark on its own motion. Within
thirty (30) days of filing a landmark designation
application, the property owner and tenants of the
subject property shall be notified of the filing of
such application.
(b) The Director of Planning shall conduct an
evaluation of the proposed designation and shall
make a recommendation to the Commission as to
whether the application is appropriate for formal
consideration. A hearing to determine whether the
structure merits formal consideration shall be
scheduled within sixty (60) days of filing of an
application. If the Commission determines that the
application merits consideration, but only if it so
determines, it shall schedule a public hearing
within forty-five (45) days of such determination.
Any determination of the Commission to schedule or
not to schedule a public hearing shall be in writing
and shall be filed with the Director of Planning.
(c) Upon a determination by the Commission
that the application merits formal consideration by
the Commission and the scheduling of a public
hearing thereto, any alteration, restoration,
construction, removal, relocation, or demolition, in
whole or in part, of or to a proposed Landmark or
Landmark Parcel is prohibited, and no permit issued
by any City Department, board or commission,
including, but not limited to, a Conditional Use
Permit, a Tentative Tract Map 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, authorizing
any such alteration, restoration, construction,
removal, relocation, or demolition shall be granted
while a public hearing or any appeal related thereto
is pending.
(d) Not more than twenty (20) days and not
less than ten (10) days prior to the date scheduled
for a public hearing, notice of the date, time,
place and purpose thereof shall be given by at least
one publication in a daily newspaper of general
circulation, and shall be mailed to the applicant,
owner of the improvement, and to all owners and
residents of all real property within three hundred
(300) feet of the exterior boundaries of the lot or
lots on which a proposed Landmark is situated, using
for this purpose the names and addresses of such
owners as are shown on the records of the City
Clerk. The failure to send notice by mail to any
such real property owner where the address of such
owner is not a matter of public record shall not
invalidate any proceedings in connection with the
proposed designation. The Commission may also give
such other notice as it may deem desirable and
practicable.
(e) At the conclusion of a public hearing, or
any continuation thereof, but in no case more than
forty-five (45) days from the date set for the
initial public hearing, the Commission shall
approve, in whole or in part, or disapprove the
application for the designation of a Landmark, and
define, and describe an appropriate Landmark Parcel.
If the Commission fails to take action on the
application for the designation of a Landmark within
the forty-five (45) day time period, the application
for such designation shall be deemed disapproved,
and it shall be the duty of the Director of Planning
to certify such disapproval.
(f) The decision of the Commission shall be
in writing and shall state the findings of fact and
reasons relied upon to reach the decision, and such
decision shall be filed with the Director of
Planning.
(g) The Commission shall have the power,
after a public hearing, whether at the time it
renders such decision to designate a Landmark or at
any time thereafter, to specify the nature of any
alteration, restoration, construction, removal,
relocation, or demolition of or to a Landmark or
Landmark Parcel which may be performed without the
prior issuance of a Certificate of Appropriateness
pursuant to this Chapter. The Commission shall also
have the power, after a public hearing, to amend,
modify, or rescind any specification made pursuant
to the provisions of this subsection.
(h) Upon the rendering of such decision to
designate a Landmark, the owner of the designated
Landmark shall be given written notification of such
designation by the Commission, using for this
purpose the name and address of such owner as is
shown in the records of the City Clerk.
(i) Subject to other provisions of this
Section 9608 and Section 9612 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.
(j) The Commission shall have the power,
after a public hearing, to amend, modify, or rescind
any decision to designate a Landmark or Landmark
Parcel and to make any preliminary or supplemental
designations, determinations or decisions, as
additions thereto.
(k) The Commission shall determine the
instances in which cases scheduled for public
hearing may be continued or taken under advisement.
In such instances, no new notice need be given of
the further hearing date, provided such date is
announced at the scheduled public hearing.
(l) Whenever an application for the
designation of a Landmark has been disapproved or
deemed disapproved by the Commission, or by the City
Council on appeal, no application which contains the
same or substantially the same information as the
one which has been disapproved shall be resubmitted
to or reconsidered by the Commission or City Council
within a period of five (5) years from the effective
date of the final action upon such prior
application. However, if significant new
information is available, the City Council, upon
recommendation from the Landmarks Commission, may
waive the time limit by resolution and permit a new
application to be filed. In addition, an
application of the owner of the subject improvement
proposed for Landmark designation may be resubmitted
or reconsidered notwithstanding said five (5) year
time period.
SECTION 9609. Historic District Designation
Procedure. Historic Districts shall be designated
by the City Council in accordance with the following
procedure:
(a) Any person may request the designation of
an area as a Historic District by properly filing
with the Director of Planning an application for
such designation on a form furnished by the Planning
Department. Additionally, the Landmarks Commission
may file an application for the designation of a
Historic District on its own motion.
(b) The Director of Planning shall conduct a
preliminary evaluation of the proposed designation
and shall make a recommendation to the Commission as
to the appropriateness and qualification of the
application for consideration by the Commission
within ninety (90) days after the proper filing of
the application.
(c) A hearing to determine whether the
application for such designation merits formal
consideration shall be scheduled within ninety (90)
days after the preliminary evaluation is transmitted
to the Commission. Notice of the hearing on the
preliminary evaluation shall be mailed to the
property owners and tenants of all properties
located within the boundaries of the proposed
district not more than twenty (20) and not less than
ten (10) days prior to the date scheduled for such
hearing. If the Commission fails to take action on
the preliminary evaluation within the ninety (90)
day time period, the application for such
designation shall be deemed disapproved and it shall
be the duty of the Director of Planning to certify
such disapproval.
(d) If the Commission determines that the
application merits formal consideration by the
Commission, but only if it so determines, it shall
schedule a public hearing to be held within
forty-five (45) days of such determination. Any
determination of the Commission to schedule or not
to schedule a public hearing shall be in writing and
shall be filed with the Director of Planning.
(e) Upon a determination by the Commission
that the application merits formal consideration by
the Commission and the scheduling of a public
hearing thereto, any alteration, restoration,
construction, removal, relocation or demolition, in
whole or in part, of or to a building or structure
within a proposed Historic District is prohibited,
and no permit issued by any City Department, board
or commission including a Conditional Use Permit, a
Tentative Tract Map or Parcel Map Permit, a Final
Tract Map or Parcel Map Permit, a Development Review
Permit, any Zoning Administrator Permit,
Architectural Review Permit, Rent Control Permit, or
building permit authorizing any such alteration,
restoration, construction, removal, relocation or
demolition shall be granted while a public hearing
or any appeal related thereto is pending.
(f) Any person subject to Section 9609(e) may
apply to the Director of Planning, and to the
Landmarks Commission, on appeal, for an exception.
Exceptions may be granted for repairs or alterations
which do not involve any detrimental change or
modification to the exterior of the structure in
question or for actions which are necessary to
remedy emergency conditions determined to be
dangerous to life, health, or property.
(g) Not more than twenty (20) days and not
less than ten (10) days prior to the date scheduled
for such public hearing, notice of the date, time,
place, and purpose thereof shall be given by a least
one publication in a daily newspaper of general
circulation, and shall be mailed to the applicant,
owners of all real property, within the proposed
Historic District and to the owners and residents of
all real property within three hundred (300) feet of
the exterior boundary of the Historic District,
using for this purpose the names and addresses of
such owners as are shown on the records of the City
Clerk. The failure to send notice by mail to any
such real property owner where the address of such
owner is not a matter of public record shall not
invalidate any proceedings in connection with the
proposed designation. The Commission may also give
such other notice as it may deem desirable and
practicable.
(h) At the conclusion of a public hearing, or
any continuation thereof, but in no case more than
forty-five (45) days from the date set for the
initial public hearing, the Commission shall
recommend to the City Council the approval, in whole
or in part, or disapproval of the application for
the designation of a Historic District, and shall
forward such recommendation to the City Council
stating in writing the findings of fact and reasons
relied upon in reaching such a recommendation. If
the Commission fails to take action on the
application for the designation of a Historic
District within the forty-five (45) day time period,
the application for such designation shall be deemed
disapproved, and it shall be the duty of the
Director of Planning to certify such disapproval.
(i) Within forty-five (45) days from the date
the Landmarks Commission renders a recommendation on
the Historic District application, a public hearing
shall be scheduled before the City Council. The
same notice requirements set forth in subsection (g)
of this Section shall apply to the hearing before
the City Council. At the conclusion of the public
hearing, or any continuation thereof, but in no case
more than forty-five (45) days from the date set for
the initial public hearing, the City Council shall
by ordinance approve, in whole or in part, the
application for the designation of the Historic
District, or shall by motion disapprove the
application in its entirety. If the City Council
fails to take action on the application for the
designation of a Historic District within the
forty-five (45) day time period, the application for
such designation shall be deemed disapproved, and it
shall be the duty of the City Clerk to certify such
disapproval.
(j) The decision of the City Council to
approve the application for the designation of a
Historic District, in whole or in part, by
ordinance, or to disapprove the application in its
entirety by motion, shall be in writing and shall
state the findings of fact and reasons relied upon
to reach the decision, and such decision shall be
filed with the City Clerk.
(k) The City Council shall by ordinance have
the power, after a public hearing, whether at the
time it renders a decision to designate a Historic
District or at any time thereafter, to specify the
nature of any alteration, restoration, construction,
removal, relocation, or demolition of or to a
building or structure within a Historic District
which may be performed without the prior issuance of
a Certificate of Appropriateness pursuant to this
Chapter. The City Council shall by ordinance also
have the power after a public hearing to amend,
modify, or rescind any specification made pursuant
to the provisions of this subsection.
(l) Upon the rendering of such decision to
designate a Historic District, the owners of all
real property within the designated Historic
District shall be given written notification of such
designation by the City Council, using for this
purpose the names and addresses of such owners as
are shown in the records of the City Clerk.
(m) Subject to other provisions of this
Section 9609, a decision of the City Council to
designate a Historic District shall be in full force
and effect from and after the effective date of the
ordinance approving, in whole or in part, the
application for the designation of a Historic
District.
(n) The City Council shall by ordinance have
the power, after a public hearing, to amend, modify,
or rescind any decision to designate a Historic
District and to make any preliminary or supplemental
designations, determinations, or decisions, as
additions thereto. The Commission shall have the
power to forward the recommendations of the
Commission to the City Council on its own motion or
at the direction of the City Council.
(o) The City Council shall determine the
instances in which cases scheduled for public
hearing may be continued or taken under advisement.
In such instances, no new notice need be given of
the further hearing date, provided such date is
announced at the scheduled public hearing.
(p) Whenever an application for the
designation of a Historic District has been
disapproved or deemed disapproved by the Commission
or the City Council, no application which contains
the same or substantially the same information as
the one which has been disapproved shall be
resubmitted to or reconsidered by the Commission or
City Council within a period of five (5) years from
the effective date of the final action upon such
prior application. However, if significant new
information is available, the City Council, upon
recommendation from the Landmarks Commission, may
waive the time limit by resolution and permit a new
application to be filed. In addition, an
application of all owners of the majority of parcels
within the subject area proposed for Historic
District designation, may be resubmitted or
reconsidered notwithstanding said five (5) year time
period.
SECTION 9610. Alterations and Demolitions:
Criteria for Issuance of a Certificate of
Appropriateness. For purposes of this Chapter, the
Landmarks Commission, or the City Council on appeal,
shall issue a Certificate of Appropriateness for any
proposed alteration, restoration, construction,
removal, relocation, demolition, in whole or in
part, of or to a Landmark or Landmark Parcel, or of
or to a building or structure within a Historic
District if it makes a determination in accordance
with any one or more of the following criteria.
(a) In the case of any proposed alteration,
restoration, removal, or relocation, in whole or in
part, of or to a Landmark or to a Landmark Parcel,
the proposed work would not detrimentally change,
destroy, or adversely affect any exterior feature of
the Landmark or Landmark Parcel upon which such work
is to be done.
(b) In the case of any proposed alteration,
restoration, construction, removal, or relocation,
in whole or in part, of or to a building or
structure within a Historic District, the proposed
work would not be incompatible with the exterior
features of other improvements within the Historic
District, not adversely affect the character of the
Historic District for which such Historic District
was designated, or not be inconsistent with such
further standards as may be embodied in the
ordinance designating such Historic District. For
any proposed work to any building or structure whose
exterior features are not already compatible with
the exterior features of other improvements within
the Historic District, reasonable effort shall be
made to produce compatibility, and in no event shall
there be a greater deviation from compatibility.
(c) In the case of any proposed construction
of a new improvement upon a Landmark Parcel, the
exterior features of such new improvement would not
adversely affect and not be disharmonious with the
exterior features of other existing improvements
situated upon such Landmark Parcel.
(d) The applicant has obtained a Certificate
of Economic Hardship in accordance with Section
9610.5.
(e) The Commission makes both of the
following findings:
(1) That the structure does not embody
distinguishing architectural characteristics
valuable to a study of a period, style, method of
construction or the use of indigenous materials or
craftsmanship and does not display such aesthetic or
artistic quality that it would not reasonably meet
the criteria for designation as one of the
following: National Historic Landmark, National
Register of Historic Places, California Registered
Historical Landmark, or California Point of
Historical Interest.
(2) That the conversion of the
structure into a new use permitted by right under
current zoning or with a Conditional Use Permit,
rehabilitation, or some other alternative for
preserving the structure, including relocation
within the City is not feasible.
(f) In the case of any proposed alteration,
restoration, removal, or relocation, in whole or in
part, to interior public space incorporated in a
landmark designation pursuant to Section 9607.1, the
proposed work would not detrimentally change,
destroy, or adversely affect any interior feature of
the landmark structure.
SECTION 9610.1. Certificate of Appropriate-
ness for Structures of Merit.
(a) A Certificate of Appropriateness shall
not be required for the alteration, restoration,
construction, or relocation of a Structure of Merit.
However, the Architectural Review Board or the
Planning Commission shall take into consideration
the fact that the building has been designated a
Structure of Merit in reviewing any permit
concerning such structure.
(b) Application for a Certificate of
Appropriateness for the demolition of a Structure of
Merit shall be made on a form furnished by the
Planning Division. An application shall be
processed in accordance with the same procedures set
forth in Sections 9611 and 9612 of this Code.
(c) In an effort to agree to a means of
historically preserving a Structure of Merit
proposed for demolition, the Landmarks Commission
shall have the following powers:
(1) During a one hundred and eighty day
(180) day time period commencing from proper filing
of an application for Certificate of
Appropriateness, the Commission may negotiate with
the owner of a Structure Of Merit, or with any other
parties, in an effort to agree to a means of
historically preserving the designated property.
The negotiations may include, but are not limited
to, acquisition by gift, purchase, exchange,
condemnation, or otherwise of the Structure of
Merit.
(2) Notwithstanding any of the
foregoing, the Commission shall have the power to
extend the required one hundred and eighty (180) day
time period to a duration not to exceed a three
hundred and sixty (360) day time period in any case
where the Commission determines that such an
extension is necessary or appropriate for the
continued historical preservation of a Structure of
Merit.
SECTION 9610.5. Certificate of Economic
Hardship.
(a) Application for a Certificate of Economic
Hardship shall be made on a form furnished by the
Planning Division. An application shall be
processed in accordance with the same procedures set
forth in Sections 9611 and 9612 of this Code.
(b) The Landmarks Commission may solicit
expert testimony or require that the applicant for a
Certificate of Economic Hardship make submissions
concerning any or all of the following information
before it makes a determination on the application:
(1) Estimate of the cost of the
proposed construction, alteration, demolition, or
removal, and an estimate of any additional cost that
would be incurred to comply with the recommendations
of the Landmarks Commission for changes necessary
for the issuance of a Certificate of
Appropriateness. In connection with any such
estimate, rehabilitation costs which are the result
of the property owner's intentional or negligent
failure to maintain the designated landmark or
property in good repair shall not be considered by
the Landmarks Commission in its determination of
whether the property may yield a reasonable return
to the owner.
(2) A report from a licensed engineer
or architect with experience in rehabilitation as to
the structural soundness of any structures on the
property and their suitability for rehabilitation.
(3) Estimated market value of the
property in its current condition; estimated market
value after completion of the proposed construction,
alteration, demolition, or removal; estimated market
value after any changes recommended by the Landmarks
Commission; and, in the case of a proposed
demolition, estimated market value after renovation
of the existing property for continued use.
(4) In the case of a proposed
demolition, an estimate from an architect,
developer, real estate consultant, appraiser, or
other real estate professional experienced in
rehabilitation as to the economic feasibility of
rehabilitation or reuse of the existing structure on
the property.
(5) Amount paid for the property, the
date of purchase, and the party from whom purchased,
including a description of the relationship, if any,
between the owner of record or applicant and the
person from whom the property was purchased, and any
terms of financing between the seller and buyer.
(6) If the property is
income-producing, the annual gross income from the
property for the previous two years; itemized
operating and maintenance expenses for the previous
two years; and depreciation deduction and annual
cash flow before and after debt service, if any,
during the same period.
(7) If the property is not
income-producing, projections of the annual gross
income which could be obtained from the property in
its current condition, in its rehabilitated
condition, or under such conditions that the
Landmarks Commission may specify.
(8) Remaining balance on any mortgage
or other financing secured by the property and
annual debt service, if any, for the previous two
years.
(9) All appraisals obtained within the
previous two years by the owner or applicant in
connection with the purchase, financing, or
ownership of the property.
(10) Any listing of the property for
sale or rent, price asked, and offers received, if
any, within the previous two years.
(11) Assessed value of the property
according to the two most recent assessments.
(12) Real estate taxes for the previous
two years.
(13) Form of ownership or operation of
the property, whether sole proprietorship, for
profit or not-for-profit corporation, limited
partnership, joint venture, or other.
(14) Any other information considered
necessary by the Landmarks Commission to a
determination as to whether the property does yield
or may yield a reasonable return to the owners.
(c) In considering an Application for a
Certificate of Economic Hardship, the Commission
shall consider all relevant factors. In order to
grant a Certificate of Economic Hardship, the
Landmarks Commission must make a finding that
without approval of the proposed demolition or
remodeling, all reasonable use of or return from a
designated landmark or property within a Historic
District will be denied a property owner. In the
case of a proposed demolition, the Landmarks
Commission must make a finding that the designated
landmark cannot be remodeled or rehabilitated in a
manner which would allow a reasonable use of or
return from such landmark or property to a property
owner.
(d) Upon a finding by the Commission that
without approval of the proposed work, all
reasonable use of or return from a designated
landmark or property within a historic district will
be denied a property owner, then the application
shall be delayed for a period not to exceed one
hundred twenty (120) days. During this period of
delay, the Commission shall investigate plans and
make recommendations to the City Council to allow
for a reasonable use of, or return from, the
property, or to otherwise preserve the subject
property. Such plans and recommendations may
include, but are not limited to, provisions for
relocating the structure, a relaxation of the
provisions of the ordinance, a reduction in real
property taxes, financial assistance, building code
modifications, and/or changes in zoning regulations.
(e) If, by the end of this one hundred twenty
(120) day period, the Commission has found that
without approval of the proposed work, the property
cannot be put to a reasonable use or the owner
cannot obtain a reasonable economic return
therefrom, then the Commission shall issue a
Certificate of Economic Hardship approving the
proposed work. If the Commission finds otherwise,
it shall deny the application for a Certificate of
Economic Hardship and notify the applicant by mail
of the final denial.
SECTION 9611. Certificate of Appropriate-
ness/Certificate of Economic Hardship Procedure. An
application for a Certificate of Appropriateness or
an application for a Certificate of Economic
Hardship approving any proposed alteration,
restoration, construction, removal, relocation, or
demolition, in whole or in part, of or to a Landmark
or Landmark Parcel, or of or to a building or
structure within a Historic District shall be
processed in accordance with the following
procedure:
(a) Any owner of a Landmark, or of a building
or structure within a Historic District, may request
the issuance of a Certificate of Appropriateness or
Certificate of Economic Hardship by properly filing
with the Director of Planning an application for
such Certificate of Appropriateness or Certificate
of Economic Hardship on a form furnished by the
Planning Division. Each application for a
Certificate of Appropriateness or Certificate of
Economic Hardship shall include such plans,
specifications, statements of work, and any other
information which are reasonably required by the
Landmarks Commission to make a decision on any such
proposed work. An application shall be deemed
complete within thirty (30) days after the Planning
Division receives a substantially complete
application together with all information, plans,
specifications, statements of work, and any other
materials and documents required by the appropriate
application forms supplied by the City. If, within
the specified time period, the Planning Division
fails to advise the applicant in writing that his or
her application is incomplete and to specify
additional information required to complete that
application, the application shall automatically be
deemed complete.
(b) The Director of Planning shall schedule a
public hearing to be held within forty-five (45)
days of the date on which an application for a
Certificate of Appropriateness or Certificate of
Economic Hardship and shall make a preliminary
recommendation to the Commission on or before the
date scheduled for a public hearing as to the
appropriateness and qualification of the application
for a Certificate of Appropriateness or Certificate
of Economic Hardship.
(c) Not more than twenty (20) days and not
less than ten (10) days prior to the date scheduled
for a public hearing, notice of the date, time,
place, and purpose thereof shall be given by at
least one publication in a daily newspaper of
general circulation, shall be mailed to the
applicant, and to the owners and residents of all
real property within three hundred (300) feet of the
exterior boundaries of the Landmark Parcel upon
which a Landmark is situated in the case of any
proposed work to a Landmark, or within three hundred
(300) feet of the exterior boundaries of the lot or
lots on which a building or structure within a
Historic District is situated in the case of any
proposed work to a building or structure within a
Historic District, using for this purpose the names
and addresses of such owners as are shown on the
records of the City Clerk. The failure to send
notice by mail to any such real property owner where
the address of such owner is not a matter of public
record shall not invalidate any proceedings in
connection with the proposed designation. The
Commission may also give such other notice as it may
deem desirable and practicable.
(d) The Commission shall have up to six (6)
months, or one (1) year if the project requires an
Environmental Impact Report, to render a decision on
the Certificate application. If the Commission does
not render a decision within this time period, then
the Certificate application shall be automatically
deemed approved. Notwithstanding the foregoing, the
Commission may mutually agree with the applicant for
a Certificate of Appropriateness or Certificate of
Economic Hardship to extend the six (6) months or
one (1) year time period in which the Commission
must take action to another time period which is
mutually agreeable. The time period provided for in
this Section shall be extended by the time period
provided for in Section 9610.5(d) when applicable.
(e) The decision of the Commission shall be
in writing and shall state the findings of fact and
reasons relied upon to reach the decision, and such
decision shall be filed with the Director of
Planning.
(f) Subject to the provisions of Section 9612
of this Chapter, upon the rendering of such decision
to approve an application for a Certificate of
Appropriateness or Certificate of Economic Hardship,
the Commission shall issue the Certificate of
Appropriateness or Certificate of Economic Hardship
within a reasonable period of time and such issued
Certificate of Appropriateness or Certificate of
Economic Hardship may be obtained by the applicant
from the Planning Division.
(g) Subject to other provisions of this
Section 9611 and Section 9612 of this Chapter, a
decision of the Commission shall be in full force
and effect from and after the date of the rendering
of such decision by the Commission. A Certificate
of Economic Hardship may be appealed to the City
Council in the same manner and according to the same
procedures as for a Certificate of Appropriateness.
(h) Subject to other provisions of this
Section 9611, a Certificate of Appropriateness or
Certificate of Economic Hardship shall be in full
force and effect from and after the date of the
issuance by the Commission. Any Certificate of
Appropriateness or Certificate of Economic Hardship
issued pursuant to this Chapter shall expire of its
own limitation within a one hundred eighty (180) day
time period. In addition, any such Certificate of
Appropriateness or Certificate of Economic Hardship
shall also expire and become null and void if such
work authorized is suspended or abandoned for a one
hundred eighty (180) day time period after being
commenced.
(i) The Commission shall have the power,
after a public hearing, to amend, modify, or rescind
any decision to approve, in whole or in part, an
application for a Certificate of Appropriateness or
Certificate of Economic Hardship and to make any
preliminary or supplemental designations,
determinations, or decisions, as additions thereto.
(j) The Commission shall determine the
instances in which cases scheduled for public
hearing may be continued or taken under advisement.
In such instances, no new notice need be given of
the further hearing date, provided such date is
announced at the scheduled public hearing.
(k) The following rules shall limit the
resubmittal of an application for a Certificate of
Appropriateness or Certificate of Economic Hardship:
(1) Whenever an application for a
Certificate of Appropriateness or Certificate of
Economic Hardship for demolition has been
disapproved or deemed disapproved by the Commission,
or by the City Council on appeal, no application
which is the same or substantially the same as the
one which has been disapproved shall be resubmitted
to or reconsidered by the Commission or City Council
for a period of 5 years from the effective date of
the final action upon the prior application. A
Certificate of Appropriateness or Certificate of
Economic Hardship for demolition may be refiled at
any time during the five year period provided that
the applicant submits significant additional
information which was not and could not have been
submitted with the previous application. A refiled
application shall be processed in the manner
outlined in Section 9611. Under this provision,
should the applicant still seek to demolish the
landmark structure after the 5 year period has
expired, a new and separate Certificate of
Appropriateness or Certificate of Economic Hardship
application would be required to be refiled. This
application shall be subject to the same conditions
as the prior application.
(2) Whenever an application for a
Certificate of Appropriateness or Certificate of
Economic Hardship for other than demolition has been
disapproved or deemed disapproved by the Commission,
or by the City Council on appeal, no application
which is the same or substantially the same as the
one which has been disapproved shall be resubmitted
to or reconsidered by the Commission or City Council
within a period of one hundred eighty (180) days
from the effective date of the final action upon
such prior application. A Certificate of
Appropriateness or Certificate of Economic Hardship
for other than demolition may be refiled at any time
during the one hundred eighty (180) day period
provided that the applicant submits significant
additional information, which was not and could not
have been, submitted with the previous application.
A refiled application shall be processed in the
manner outlined in Section 9611. Under this
provision, should the applicant still seek approval
for other than the demolition of a landmark
structure after the one hundred eighty (180) day
period has expired, a new and separate Certificate
of Appropriateness or Certificate of Economic
Hardship application would be required to be
refiled. This application shall be subject to the
same conditions as the prior application.
SECTION 9612. 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) A determination of the Commission
that an application for the designation of a
Landmark or of a Historic District does not merit
formal consideration by the Commission, and a
determination thereto not to schedule a public
hearing.
(2) A decision of the Commission, after
a public hearing, to approve, in whole or in part,
or disapprove an application for the designation of
a Landmark.
(3) A decision of the Commission, after
a public hearing, defining and describing an
appropriate Landmark Parcel upon which a Landmark is
situated.
(4) A determination of the Commission,
after a public hearing, 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.
(5) A decision of the Commission to
approve in whole or in part, or disapprove an
application for a Certificate of Appropriateness.
(6) Any decision of the Commission
relating to a structure of merit.
(7) 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 properly filing with
the Director of Planning and the City Clerk a Notice
of Appeal on a form furnished by the Planning
Department. Such Notice of Appeal shall be filed
with the Director of Planning and the City Clerk
within a ten (10) day time period commencing from
the date that such determination or decision was
filed with the Director of Planning 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 (45) days after
the Notice of Appeal is properly filed with the
Director of Planning and the City Clerk.
(d) Not more than twenty (20) days and not
less than ten (10) 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 the appellant, owner of the Landmark in
the case of any action regarding a Landmark, owners
of all real property within the Historic District in
the case of any action regarding an entire Historic
District, owners of all real property within three
hundred (300) feet of the exterior boundaries of the
Landmark Parcel in the case of any action regarding
a Landmark, owners of all real property within three
hundred (300) feet of the exterior boundaries of the
Historic District in the case of any action
regarding an entire Historic District, and to owners
of all real property within three hundred (300) 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, using for this purpose
the names and addresses of such owners as are shown
on the records of the County Assessor. 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 a public hearing, or
any continuation thereof, but in no case more than
thirty (30) days from the date set forth the initial
public hearing, 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 of the Commission. If the
City Council fails to take action on the Notice of
Appeal within the thirty (30) day time period, the
Notice of Appeal shall be deemed disapproved, and it
shall be the duty of the City Clerk to certify such
disapproval.
(f) The decision of the City Council shall be
in writing and shall state the findings of fact and
reasons relied upon to reach the decision, and such
decision shall be filed with the Director of
Planning and the City Clerk.
(g) Upon the rendering of such decision by
the City Council, 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
given written notification of such decision by the
Director of Planning, using for this purpose the
names and addresses of such owners as are shown in
the records of the City Clerk. A decision of the
City Council on a Notice of Appeal shall be in full
force and effect from and after the date of the
rendering of such decision by the City Council.
SECTION 9613. Maintenance and Repair. Every
owner, or person in charge, of a Landmark, or of a
building or structure within a Historic District,
shall have the duty of keeping in good repair all of
the exterior features of such Landmark, or of such
building or structure within a Historic District,
and all interior features thereof which, if not so
maintained, may cause or tend to cause the exterior
features of such Landmark, or of such building or
structure within a Historic District to deteriorate,
decay, or become damaged, or otherwise to fall into
a state of disrepair. All designated buildings or
structures shall be preserved against such decay and
be kept free from structural defects through the
prompt repair of any of the following:
(a) Facades which may fall and injure members
of the public or property.
(b) Deteriorated or inadequate foundation,
defective or deteriorated flooring or floor
supports, deteriorated walls or other vertical
structural supports.
(c) Members of ceilings, roofs, ceiling and
roof supports or other horizontal members which age,
split or buckle due to defective material or
deterioration.
(d) Deteriorated or ineffective waterproofing
of exterior walls, roofs, foundations or floors,
including broken windows or doors.
(e) Defective or insufficient weather
protection for exterior wall covering, including
lack of paint or weathering due to lack of paint or
other protective covering.
(f) Any fault or defect in the building which
renders it not properly watertight or structurally
unsafe.
This Section 9613 of this Chapter shall be in
addition to any and all other provisions of law
requiring such Landmark, or such building or
structure within a Historic District to be kept in
good repair.
SECTION 9614. Unsafe or Dangerous Conditions.
Nothing contained in this Chapter shall prohibit the
making of any necessary alteration, restoration,
construction, removal, relocation, or demolition, in
whole or in part, of or to a Landmark or Landmark
Parcel, or of or to a building or structure within a
Historic District pursuant to a valid order of any
governmental agency or pursuant to a valid court
judgment, for the purpose of remedying emergency
conditions determined to be dangerous to life,
health, or property. A copy of such valid order of
any governmental agency or such valid court judgment
shall be filed with the Director of Planning and in
such cases, no Certificate of Appropriateness from
the Landmarks Commission shall be required.
SECTION 9615. Ordinary Maintenance. Nothing
contained in this Chapter shall be construed to
prevent ordinary maintenance or repair of any
exterior features of a Landmark, or of a building or
structure within a Historic District which does not
involve any detrimental change or modification of
such exterior features. In such cases, the work
must be approved by the Landmarks Commission
Secretary and no Certificate of Appropriateness from
the Landmarks Commission shall be required. The
administrative determination is appealable to the
Landmarks Commission and shall be filed and
processed in the same manner as a Certificate of
Appropriateness. Examples of this work shall
include, but not be limited to, the following:
(a) Construction, demolition, or alteration
of side and rear yard fences.
(b) Construction, demolition, or alteration
of front yard fences, if no change in appearance
occurs.
(c) Repairing or repaving of flat concrete
work in the side and rear yards.
(d) Repaving of existing front yard paving,
concrete work, and walkways, if the same material in
appearance as existing is used.
(e) Roofing work, if no change in appearance
occurs.
(f) Foundation work, if no change in
appearance occurs.
(g) Chimney work, if no change in appearance
occurs.
(h) Landscaping, unless the Landmark
Designation specifically identifies the landscape
layout, features, or elements as having particular
historical, architectural, or cultural merit.
SECTION 9616. Map. All designations of
Landmarks and any definitions and descriptions of a
Landmark Parcel thereto, and all designations of
Historic Districts, shall be recorded on a Landmark
and Historic District map by the Director of
Planning.
SECTION 9617. Voluntary Restrictive
Covenants. Upon approval by the City Council, the
owner of a Landmark may enter into a restrictive
covenant with the City regarding such Landmark after
negotiations with the Landmarks Commission.
SECTION 9618. Waiver. The Building Officer
of the City shall have the power to vary or waive
any provision of the Santa Monica Building,
Electrical, Housing, Mechanical, or Plumbing Codes,
pursuant to such Codes, in any case which he
determines that such variance or waiver does not
endanger the public health or safety, and such
action is necessary for the continued historical
preservation of a Landmark.
SECTION 9619. Extension of Certificate of
Appropriateness. The City Council, following
recommendation from the Landmarks Commission, may
extend by resolution the time period for exercising
a Certificate of Appropriateness as provided for in
Section 9611(h) for a period of up to one hundred
eighty (180) days upon such terms and conditions as
the City Council deems appropriate. An extended
Certificate of Appropriateness may be extended in
accordance with the provisions of this Section. An
extended Certificate of Appropriateness shall expire
if the work authorized thereby is not commenced by
the end of the extension period. Except as
otherwise provided for in this Section, all
provisions of this Code applicable to a Certificate
of Appropriateness shall apply to an extended
Certificate of Appropriateness.
SECTION 9620. Recordation of Landmarks and
Historic Districts. All buildings or structures
designated as Landmarks or as part of a Historic
District pursuant to this Chapter shall be so
recorded by the City in the office of the Los
Angeles County Recorder. The document to be
recorded shall contain the name of the owner or
owners, a legal description of the property, the
date and substance of the designation, a statement
explaining that the demolition, alteration, or
relocation of the structure is restricted, and a
reference to this Section authorizing the
recordation.
SECTION 9621. Preservation Incentives.
(a) Architectural Review Exemption. All
structures designated as landmarks and any
contributing building or structure within a historic
district that requires a Certificate of
Appropriateness shall be exempt from review by the
Architectural Review Board. The Landmarks
Commission may refer any matter to the Architectural
Review Board for comment.
(b) Building Permit and Planning Application
Fees. All building permit and planning fees for
Administrative Approval applications shall be waived
for designated Landmarks or contributing structures
located in a historic district.
(c) Certificate of Appropriateness Fees. All
Certificate of Appropriateness fees for any
alteration, restoration, or construction, in whole
or in part, to a designated Landmark or to a
contributing structure located in a historic
district shall be waived.
(d) Any parking incentives permitted by the
Zoning Ordinance.
(e) Streetscape Improvements in Historic
Districts. Whenever streetscape improvements are
proposed by the City in areas that are designated
historic districts, the City shall consider the use
of materials, landscaping, light standards, and
signage that are compatible with the area's historic
and architectural character.
(f) State Historical Building Code. The
California State Historical Building Code (Title 24,
Part 8, California Administrative Code) shall be
applied to alterations to designated Structures of
Merit, landmarks, and contributing structures
located in historic districts.
(g) Historical Property Contracts.
Designated Structures of Merit, landmarks, and
contributing structures located in historic
districts that are privately owned shall be
considered qualified historical properties eligible
for historical property contracts submitted, or
entered into, pursuant to the provisions of Article
12, commencing with Section 50280, Chapter 1, Part
1, Division 1, Title 5, of the California Government
Code upon resolution approval by the City Council.
SECTION 9622. CEQA Time Extensions. Any time
periods set forth in this Chapter may be extended by
the Director of Planning by such periods as are
necessary to comply with the California
Environmental Quality Act (CEQA).
SECTION 9630. The Third Street Neighborhood
Historic District.
(a) The City Council has reviewed and
considered the Historic District application for the
Third Street Neighborhood, and has review and
considered the recommendation on the application
transmitted from the Landmarks Commission.
(b) The City Council finds and declares that:
(1) The Third Street Neighborhood
Historic District possesses aesthetic significance
to Santa Monica in that 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 the particular by the siting of the
homes on the east side of Third Street which are set
into the slope of the hill. These elements combine
to create an area with both a sense of place and a
sense of Santa Monica's past.
(2) 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. In addition, 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.
(3) 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. The Vawters subdivided the District into
residential lots, and also assisted in the
establishment of Ocean Park's first water company
and Santa Monica's first regular transportation
service to Ocean Park. Moses Hostetter and his son
William were both Neighborhood residents (2601
Second Street and 237 Beach Street, respectively).
Moses Hostetter was a member of the Santa Monica
Board of Trustees between 1896 and 1900, serving as
chairman of the police, fire, and light committees.
Alvin Archer constructed the American Colonial
Revival home at 245 Hill Street and was also a
founder of Ocean Park's first volunteer fire
brigade. His wife, Louetta, was Ocean Park's first
postwoman. Abbot Kinney, before developing "Venice
of America" owned property on the west side of
Second Street in the District, and also gave Ocean
Park its name, naming the area after the eucalyptus
groves planted by the Vawters near south Santa
Monica Beach.
(4) 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, which provide a visual representation of
the Neighborhood's development through the 1930s.
In addition, the Neighborhood is dominated by
bungalows; 29 bungalows and one bungalow court are
extant in the District. While typically designed in
a variety of architectural styles, the common
bungalow theme is the association with the
surrounding environment, the use of front porches,
sun porches, front steps, overhanging eaves, and
numerous windows to provide views and to merge the
interior and exterior landscapes. The Third Street
Neighborhood is a representative example of this
architectural movement in Santa Monica.
(5) 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 Sermonte Del Monte
Assembleas 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.
(c) 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.
(d) Structures that contribute to the
character and integrity of the Third Street
Neighborhood Historic District shall be defined as
all structures built prior to 1935; non-contributing
structures and sites shall be defined as post 1935
developments and vacant parcels.
(e) Pursuant to Santa Monica Municipal Code
Section 9609, until such time as an ordinance is
adopted that specifies the nature of any alteration,
restoration, construction, removal, relocation, or
demolition of or to a building or structure within
the Historic District that can occur without prior
approval of a Certificate of Appropriateness, any
such work must obtain approval of a Certificate of
Appropriateness or Certificate of Economic Hardship
by the Landmarks Commission.
SECTION 2. Chapter 6A is added to Article IX of the Santa
Monica Municipal Code to read as follows:
Chapter 6A - THE THIRD STREET NEIGHBORHOOD HISTORIC
DISTRICT 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 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 the
southside of 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) Automatic Exemption. No City approval
shall be required for work to a contributing or
non-contributing building if no building permit is
required and if the work does not require a
Certificate of Administrative Approval or
Certificate of Appropriateness under this Section.
(b) Certificate of Exemption. A Certificate
of Exemption shall be required for the following
work to Contributing and Non-Contributing buildings
within the District if a Building Permit is
required:
(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) Repaving of existing front yard
paving, concrete work, and walkways, if the same
material in appearance as existing is used.
(6) General maintenance and repair if
it results in no change in existing appearance.
(7) Removal or addition of minor
landscape features, including sprinkler systems and
excluding mature trees.
(8) Removal of mature trees if
severely damaged or diseased.
(9) Emergency repairs necessary to
preserve life, health, or property as determined by
the Building Officer to be immediate and necessary.
(10) Rear or side yard fences.
A Certificate of Exemption shall be required
for the following work to Non-Contributing buildings
within the District if a Building Permit is
required:
(1) Roofing work, other than general
maintenance.
(2) Foundation work, other than general
maintenance.
(3) Chimney work, other than general
maintenance.
(c) 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) House painting resulting in a
change in color.
(2) Retaining walls.
(3) New windows or doors.
(4) Skylights.
(5) Removal of mature trees if
specifically identified in a landscape survey
adopted by the Landmarks Commission.
(6) Removal, demolition, addition or
alteration to front yard fences.
(7) Removal, demolition, addition,
alteration, or repaving of front yard paving,
concrete work or walkways, if material used changes
existing appearance.
(8) Roof top solar equipment or
exterior telecommunication equipment.
(9) Mechanical systems including air
conditioning or heating.
A Certificate of Administrative Approval shall
be required for the following work to 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.
(d) 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 if it changes appearance.
(2) Removal, demolition, addition or
alteration to the front of structures.
(3) Removal, demolition, addition or
alteration to the side or rear of structures.
(4) Construction of new buildings
within the Third Street Historic District
boundaries.
(5) Relocation of buildings within,
out of, or into the Third Street Neighborhood
Historic District.
(6) Removal, demolition, addition or
alteration to building roof lines.
(7) Any other similar work not
enumerated in subdivision (a), (b), or (c) of this
Section, 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(b).
(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(c); 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(d), and it makes a determination in
accordance with any one or more, as appropriate, of
the following criteria, which shall be in lieu of
those otherwise required by Section 9610:
(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.
(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.
(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.
(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 and its placement
on the property 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.
(5) That the applicant has obtained a
Certificate of Economic Hardship in accordance with
Section 9610.5.
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, photographs of
the affected area of the property, verification that
notice of the pending application has been posted on
the property, 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 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 the use or
activity. A Certificate of Administrative Approval
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. Prior to
filing an application for a Certificate of
Administrative Approval for a Project in the
District, the applicant shall 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. This notice
must be continuously posted while the application is
pending. This requirement shall not apply to
applications for a Certificate of Exemption.
(4) Determination. The Landmarks
Commission Secretary shall issue or deny 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. For a Certificate of
Administrative Approval, the Landmark Commission
Secretary shall post this determination on the
property and the applicant shall ensure that the
determination remains posted for the duration of the
appeal period. The Landmarks Commission Secretary
shall also post this determination on the City's
Public Electronic Network. The Landmarks Commission
Secretary shall send a copy of the determination to
all members of the Landmarks Commission and to the
Committee created pursuant to Section 9639 of this
Chapter.
(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 on a
form supplied by the City. A Certificate of
Appropriateness and Certificate of Economic Hardship
shall be processed in accordance with Section
9611(a) through 9611(j), except that the applicant
shall also be required to post notice of the pending
application as provided in Section 9634(b)(3), that
notice of the public hearing shall be conducted as
provided in Section 9634(b)(4), and that the
applicant must provide verification at the time of
application that they have met with representatives
of any Third Street Neighborhood Historic District
neighborhood association as may exist.
(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. Prior to
filing an application for a Certificate of
Appropriateness, or Certificate of Economic Hardship
for a Project in the District, the applicant shall
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. This notice must be continuously posted
while the application is pending.
(4) Notification. Within 10 days of
deeming an application for a Certificate of
Appropriateness or Certificate of Economic Hardship
complete, notice of the date, time, place, and
purpose of the public hearing shall be given by at
least one publication in a daily newspaper of
general circulation shall be mailed to the
applicant, and to the residents and owners of all
real property within the Third Street Neighborhood
Historic District, as well as to the residents and
owners of all real property within 300 feet of the
exterior boundaries of the property involved. The
notice shall also be posted on the City's Public
Electronic Network. The public hearing for said
notice shall occur not less than 10 days and no more
than 35 days after notice is given. 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 project. The
Commission may also give such other notice as it may
deem desirable and practical.
(5) 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 9611(e) through 9611(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 the
determination is posted on the property. 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. Notice of the appeal hearing
shall also be posted on the City's Public Electronic
Network.
(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 9612.
(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 year time period commencing on the
effective date of the Certificate if the work
authorized is not commenced by the end of such one
year 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 9611(k), 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. Members of the Landmarks
Commission shall not be required to pay a fee when
filing an appeal of the determination for a
Certificate of Administrative Approval or
Certificate of Appropriateness. No fee shall be
required for a Certificate of Exemption and a
Certificate of Administrative Approval.
(i) Other City Approvals. In connection with
any project that requires a Certificate of
Exemption, Certificate of Administrative Approval,
Certificate of Appropriateness, or Certificate of
Economic Hardship under this Chapter, any approval
of such project by any other City body, board,
commission, or officer shall be conditioned on
obtaining the necessary approval pursuant to 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 9610.5.
(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.
(a) 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.
(b) The Landmarks Commission shall adopt
design guidelines for the District within 180 days
of the date of adoption of this Chapter.
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. Any property
owner who fails to comply with this Section shall be
given written notice by the City of the violation of
this Section and shall within 60 days of receipt of
written notice from the City bring the property into
compliance with this Section.
SECTION 9639. Citizen Participation. The
Landmarks Commission, within 90 days of the date of
adoption of this Chapter, shall adopt a resolution
establishing an ongoing process to ensure citizen
participation in the proceedings under this Chapter.
The resolution shall include:
(a) A committee established by and reporting
to the Landmarks Commission consisting of at least
one member of the Landmarks Commission and two
members of the public residing within the District.
(b) Distribution to the Committee of all
applications for Certificates of Appropriateness
filed under this Chapter, all determinations and
appeals concerning Certificates of Administrative
Approval, and any pending conceptual review
proceeding pursuant to Section 9640.
(c) Procedures by which the Committee shall
make recommendations to the Landmarks Commission
concerning applications filed under this Chapter.
SECTION 9640. Conceptual Review by Landmarks
Commission. Any project that requires a Certificate
of Appropriateness pursuant to this Chapter and also
requires discretionary review by the Planning
Commission shall be reviewed in concept by the
Landmarks Commission before the review by the
Planning Commission. Following such conceptual
review, the Landmarks Commission shall transmit the
results of its deliberations to the Planning
Commission. The Planning Commission in its
deliberations shall consider the comments of the
Landmarks Commission.
SECTION 9641. Landscape Survey. The
Landmarks Commission shall prepare a landscape
survey within 180 days of the date of adoption of
this Chapter. The landscape survey shall survey the
mature trees within the District.
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, are hereby repealed or modified to that extent necessary
to affect 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 any 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.
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 after 30 days from its adoption.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney