Item 8-B
Council Mtg: 10/14/97 Santa Monica, CA
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading an
Ordinance Amending Section 9.04.18.020(c) of the Santa
Monica Municipal Code to Section 9.04.18.020(c) of the
Santa Monica Municipal Code to Allow the Replacement of
Non-Conforming Architectural Features Which have been
Removed from any Existing Building which is Designated
as a City of Santa Monica Landmark or is Listed on
either the California Register of Historical Resources
or the National Register of Historic Places. Applicant:
Edward Thomas Management Company
INTRODUCTION
This report recommends that the City Council introduce for first
reading an ordinance to amend Section 9.04.18.020(c) of the Santa
Monica Municipal Code to allow the replacement of non-conforming
architectural features which have been removed from any existing
building which is designated as a City of Santa Monica landmark
or is listed on either the California Register of Historical
Resources or the National Register of Historic Places. Current
zoning standards do not permit reconstruction of non-conforming
building elements. On August 6, 1997 the Planning Commission
voted 5-0 to recommend that the City Council adopt the proposed
amendment. The proposed ordinance is contained in Attachment A.
BACKGROUND
The proposed ordinance amendment was filed by the Edward Thomas
Management Company, the prospective new owners of the Pritikin
Longevity Center located at 1910 Ocean Avenue. According to the
City's Historic Resources Inventory, this building is eligible
for local designation as a City landmark and is listed as
potentially eligible for the National Register. The owners wish
to restore the building to its original condition by replacing a
penthouse which was damaged many years ago but never rebuilt. The
height and the floor area ratio of the existing building and the
removed penthouse do not comply with present zoning standards;
therefore, the structure is considered a legal, non-conforming
building.
As recommended by the Planning Commission, the following
amendment would enable the applicant to reconstruct the historic
penthouse:
Section 9.04.18.020(c)Replacing Non-conforming Features or
Portions of Buildings.
(c) Non-conforming features or portions of buildings that are
removed shall not be replaced unless they conform to the
provisions of this Chapter. Notwithstanding this requirement,
non-conforming architectural features which have been removed
from any existing building which is designated as a City of Santa
Monica landmark, or listed on either the California Register of
Historical Resources or the National Register of Historic Places
may be replaced if the Landmarks Commission determines that such
feature contributes to the building's historic architectural
integrity and that the reconstruction conforms to the Secretary
of Interior's Standards for Rehabilitation. Landmarks Commission
review of such reconstruction shall be processed generally in
accordance with the procedures for processing applications for
Certificates of Appropriateness contained in Santa Monica
Municipal Code Section 9.36.170. Any project subject to Landmarks
Commission review under this subsection shall not require
additional review by the Architectural Review Board. The
determination of the Landmarks Commission under this Section
shall be appealable to the Planning Commission.
The Planning Commission felt that the proposed ordinance
amendment would facilitate historic restoration in the City by
recognizing that many older structures in the City do not comply
with current development standards and that without the proposed
amendment, reconstruction of significant building elements may
not be permissible. Further, since there are limited buildings in
the City where this amendment would be applicable, the Commission
believed that any potential impacts from reconstructing the non-
conforming features would be negligible.
ANALYSIS
The Zoning Ordinance currently allows the "in-kind"
reconstruction of designated landmarks structures or historically
significant buildings which are damaged or destroyed. In
addition, the Code allows for the restoration of non-conforming
buildings which are damaged or destroyed to an extent that is
less than fifty percent of the building's replacement cost if
restoration is commenced within one year of the date the damage
occurred. The proposed text amendment addresses situations where
significant architectural features of an existing historic
building have been removed and could not be replaced under
current development standards. As proposed, these features could
be replaced subject to a determination by the Landmarks
Commission that such features contribute to the building's
historic architectural integrity and that the replacement
conforms to the Secretary of Interior's Standards for
Rehabilitation. The Secretary of the Interior Standards require
that properties" be recognized as a physical record of its time,
place, and use." Additions or modifications to buildings that
result in an inaccurate record of a building's historic
development are specifically discouraged. The Landmarks
Commission will be responsible for ensuring this standard is
upheld. The decisions of the Landmarks Commission would be
appealable to the Planning Commission. No Architectural Review
Board approval would be required for work authorized by this
zoning text amendment.
Conclusion
The proposed text amendment will permit, subject to Landmark
Commission approval, legal non-conforming historically-designated
structures to be restored, rehabilitated and/or reconstructed to
their original condition, thus allowing the most historically
significant buildings in the City to reconstruct any lost
historic architectural elements.
CEQA STATUS
The proposed Text Amendment is exempt from the provisions of CEQA
pursuant to Section 15301 of the State Guidelines in that the
amendment allows for the replacement of non-conforming
architectural features which have been removed from any existing
building which is designated as a City of Santa Monica landmark
or is listed on either the California Register of Historical
Resources or the National Register of Historic Places. This work
would constitute minor alterations to existing structures.
PUBLIC NOTIFICATION
Notice of the public hearing was published in the Outlook at
least ten days prior to the date of the Council hearing
(Attachment B).
BUDGET/FISCAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council hold a public hearing and
introduce for first reading an ordinance amending Section
9.04.18.020(c) of the Santa Monica Municipal Code to allow the
replacement of non-conforming architectural features which have
been removed from any existing building which is designated as a
City of Santa Monica landmark or is listed on either the
California Register of Historical Resources or the National
Register of Historic Places.
Attachments (Available at The City Clerk's Office in Santa Monica
City Hall or at any of the Santa Monica Public Libraries):
A. Proposed Ordinance Amending Subchapter
9.04.18 Non-Conforming Buildings and Uses
B. Public notice
C. Planning Commission staff report
D. Minutes of Planning Commission meeting of
August 6, 1997