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M E M O R A N D U M

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CITY OF SANTA MONICA

PLANNING DIVISION DATE: October 9, 2017 TO: Honorable Landmarks Commission FROM: Roxanne Tanemori, AICP, Principal Planner SUBJECT: Item 12-B Discussion of and possible recommendations related to the City’s

Landmark Designation application requirements, specifically related to the property owner outreach and notification requirement that must be conducted prior to application submittal if the filing party is not the property owner.

Introduction

This memorandum provides background information and context to support the Landmarks Commission’s discussion and potential formulation of recommendations to staff regarding the City’s Landmark Designation application requirements, specifically related to the property owner outreach and notification requirement that must be conducted prior to application submittal if the filing party is not the property owner. The City’s Landmark/Structure of Merit Designation Application (Attachment “A”) was revised by staff in July 2016 to include a property owner outreach and notification requirement that must be conducted by the applicant prior to submittal, if the filing party is not the property owner. More specifically, the application states that the purpose of this outreach is to ensure the following:

The property owner has been contacted and is aware of this Landmark/Structure of Merit Designation Application submittal;

The property owner is aware of why the property may be considered historically/culturally/architecturally noteworthy; and

The property owner has been provided contact/website/printed information for the City of Santa Monica’s Planning Division, Historic Preservation Program, and Landmarks Commission.

As discussed more fully in this memorandum, the property owner outreach requirement was originally discussed by staff and supported by the Landmarks Commission at its June 13, 2016 meeting1 in conjunction with a Discussion Item regarding Council’s consideration of proposed

1 Audio Recording of Discussion Item 10-B begins at approximately 1h:27min of the June 13, 2016 meeting.

12-B

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fee waivers for designation applications when filed by individual Landmarks Commissioners and nonprofit organizations. This fee waiver proposal was advocated for by members of the preservation community as a tool that would facilitate more participation in the City’s historic preservation program, and was approved by Council on June 14, 2016 as part of the City’s biennial budget adoption. Background

Framework and Purpose for Property Owner Outreach & Notification Requirement

As previously discussed by staff and the Landmarks Commission in June 2016, the property owner outreach and notification requirement for Designation Applications was modeled after the outreach framework that was in place for the proactive Landmark/Structure of Merit nominations conducted by the Landmarks Commission prior to October 2015. More specifically, a component of the Landmarks Commission’s work program prior to October 2015 involved proactive discussions to consider whether to nominate properties for City Landmark or Structure of Merit status. The ‘proactive’ aspect of this nomination process was based on the Commission’s reliance on an established list of priority properties for consideration – and the fact that the Commission did not review or discuss these properties in response to an owner-initiated designation application or demolition permit application. One of the hallmarks of this proactive nomination process was the owner outreach and notification process that was conducted prior to the Commission’s discussion of a property and its consideration of whether to formally submit a Designation Application with the Landmarks Commission serving as the applicant. In those instances, outreach was conducted by staff in writing, and often additionally by telephone, to introduce the City’s preservation program and invite the property owner to attend the Commission meeting and participate in the scheduled Discussion Item for the property. This property owner outreach always occurred prior to the Commission’s formal submittal of a Designation Application and was a precursor to formal, noticed public hearings for those applications the Commission voted in favor of initiating. Sometimes outreach took several months or more – and the Commission supported staff’s approach to invite property owners into the process, and to provide information about the property’s historic characteristics and the City’s preservation program and incentives. The goal of this approach was to highlight the City’s preservation program and create a less adversarial process for property owners who were not typically contemplating demolition or wholesale changes to the property. In October 2015, the Landmarks Commission ceased its proactive nomination process in response to a new development in case law which concluded that the proactive designation process might be legally problematic because it may not comport with due process requirements. The Commission continues to file Designation Applications in conjunction with its review of demolition permit applications and act on Designation Applications filed by members of the public.

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Discussion

As previously noted, in June 2016, as Council was considering waiving Designation Application fees for individual Landmarks Commissioners and non-profit organizations to further increase community participation in the City’s preservation program, Planning staff was also considering changes to the Designation Application to incorporate key aspects of the property owner outreach framework previously established for the Commission’s proactive nominations. These changes that were discussed and endorsed by the Landmarks Commission at its June 13, 2016 meeting are incorporated in the current Designation Application. Specifically, verification that property owner outreach was conducted prior to submittal of the application is required along with other application materials. The purpose of the outreach is to ensure that the property owner has been contacted regarding the application submittal; is aware why their property may be considered historically, culturally, or architecturally noteworthy; and is provided with basic contact/website/printed information for the City Planning Division, Historic Preservation Program, and Landmarks Commission. Concerns about Current Property Owner Outreach & Notification Requirement

Members of the Santa Monica Conservancy recently requested that City staff eliminate the property owner outreach verification requirement for Designation Applications for several reasons, including the following:

Early notification could jeopardize the designation process if a property owner refuses to respond and verification cannot be obtained for submittal of a complete application to the City.

Because alterations to a property are only restricted while a Designation Application is

pending, early property owner notification could create an opportunity for inappropriate alterations to be made that negatively impact character-defining features and jeopardize the property’s eligibility for designation.

Property owner notification should be the sole responsibility of City staff following

submittal of a Designation Application in accordance with the Landmarks Ordinance; City staff are best-equipped to answer questions about the application review process and have up-to-date ownership information that members of the public and non-profit organizations cannot easily access.

Conclusion

With the Santa Monica Conservancy’s concerns taken into consideration, Planning staff continues to support the requirement for property owner outreach and notification, in some form, prior to the filing of a Designation Application for the following reasons:

Outreach and notification prior to filing a Designation Application is consistent with

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Council and community interest in increasing awareness of and participation in the City’s Historic Preservation Program, in particular, when the property owner may not be aware of the history of their property and how it fits into the City’s historic development patterns, and may not be familiar with the Preservation Program’s broader goals, tools, and incentives.

Notification prior to filing a Designation Application better supports the long-term health of the City’s Preservation Program by placing a priority on transparency, outreach, engagement, education, and collaboration – as opposed to surprising a property owner after a Designation Application has been formally submitted by a member of the public or non-profit organization. This is a realistic consideration when a property owner has not filed an application to demolish the property and/or is not currently going through a City planning or development process.

With respect to the current filing requirements outlined in the attached Designation Application, staff suggests further modifying the application to clarify the following are required components of the property owner outreach:

The outreach must be done in writing a minimum of 30 days prior to application submittal; publicly-available property owner information may be used;

Contact information for the applicant;

Summary description of why the property may be considered historically, culturally, or architecturally noteworthy; and

General contact information for the City Planning Division, and publicly-available (online or other) information for the City’s Historic Preservation Program and Landmarks Commission.

Staff appreciates the opportunity to discuss this important matter and looks forward to hearing feedback and recommendations from the community and Landmarks Commission. Attachments

A. Landmark/Structure of Merit Designation Application, July 2016 B. Landmarks Commission Meeting Minutes, June 13, 2016

City Planning Division (310) 458-8341 Planning and Community Development Department www.santa-monica.org

CITY OF SANTA MONICA – CITY PLANNING DIVISION DESIGNATION APPLICATION

Landmark Structure of Merit

This part to be completed by City staff

L.C. Case No.: Amount Paid: $ Received By: Check No.: Date Submitted:

Applications must be submitted at the City Planning public counter, Room 111 at City Hall. City Hall is located at 1685 Main Street, Santa Monica, CA 90401. If you have any questions completing this application you may call City Planning at (310) 458-8341.

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PROJECT ADDRESS:

Land Use Element District: Zoning District:

Assessor Parcel: - - Lot Size:

APPLICANT

Name:

Address: Zip:

Phone: Fax:

Email:

CONTACT PERSON (if different) (Note: All correspondence will be sent to the applicant)

Name:

Address: Zip:

Phone: Fax:

Email:

Relation to Applicant:

PROPERTY OWNER

Name:

Address: Zip:

Phone: Fax: Subject improvement is generally known as:

Existing use(s) of site:

Rent control status:

Status: Occupied Unoccupied

Recognized in the Santa Monica Historic Resources Inventory: Yes No

Condition: Excellent Good Fair Deteriorated Ruins Unexposed

Threats: None Private Development Vandalism

Public Works Project Zoning Other:

NOTES TO

APPLICANT Please complete all applicable sections of this application and submit all required materials. Incomplete applications will not be accepted for filing. Landmarks Commission meets on the second Monday of each month. The applicant, representative, or legal owner familiar with the project must be present at the Landmarks Commission meeting. A decision on designation is rendered at the hearing. All decisions by the Landmarks Commission are subject to a 10-day appeal period. An official appeal form and fee schedule is available at the City Planning Division Public Counter. Appealed projects will be scheduled for a hearing before the City Council.

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~ Please Note ~ The following property and historical information identified below must be provided in order for your application to be determined

complete by the City Planning Division.

You may provide information on additional sheets of paper.

PROPERTY INFORMATION Description of site or structure, note any major alterations & dates of alterations:

Statement of architectural significance:

Statement of historic importance:

NOTES TO

APPLICANT For more information on designation procedures, refer to SMMC Section 9.56.

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Person(s) of historic importance:

Local State National

Statement of other significance:

Documents and publications that relate directly to proposed improvement (bibliography):

FOR STRUCTURES ONLY:

Date of construction: Factual Estimated

Source:

Architect/Designer/Engineer:

Contractor/ Other builder:

Architectural Style:

Historic Use of Structure(s):

Present Use of Structure(s): Is/Are structure(s) on original site: Yes No Unknown

Is/Are structure(s) threatened with destruction: Yes No Unknown If yes, state reason:

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APPLICATION REQUIREMENTS – all items must be provided

Completed Application.

Payment of Fee, if applicable.

Payment of Fee is WAIVED for Non-Profit Organizations. Documentation demonstrating Tax-Exempt Status must be included with this application and at the time of filing to be eligible for a Landmark/Structure of Merit Designation Application fee waiver.

Staff will confirm non-profit organization status prior to deeming this application complete.

Verification of Property Owner Outreach. Property owner outreach and communication must be conducted prior to submittal of

this Landmark/Structure of Merit Designation Application, if the filing party is not the property owner.

The purpose of this outreach is to ensure the following:

The property owner has been contacted and is aware of this Landmark/Structure of Merit Designation Application submittal;

The property owner is aware of why the property may be considered historically/culturally/architecturally noteworthy;

The property owner has been provided contact/website/printed information for the

City of Santa Monica’s Planning Division, Historic Preservation Program, and Landmarks Commission.

Eight (8) sets of labeled Color Photographs of the building elevations or improvement on 8½" x 11" paper (Color photocopies are acceptable).

Any information you feel would be of assistance in reviewing the application, such as original plans, old photos, or other historical information.

For structures only: if applicant is requesting approval of modifications, please submit all materials requested for a Certificate of Appropriateness Application. I hereby certify that the information contained in this application is correct to the best of my knowledge.

____________________________________________________ Applicant’s Name (PRINT) _________________________________________________________ Applicant’s Signature Date