City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.E
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2593 (CCS), Extended by Emergency Interim Zoning Ordinances 2599 (CCS) and 2626 (CCS), and Amended by Emergency Interim Zoning Ordinance 2643 (CCS) Revising the Demolition Permit Review Process Relating to the Preservation of Historic Resources
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim zoning regulations for the demolition permit review process relating to the preservation of historic resources.
Summary
In November 2018, the City Council adopted emergency Interim Zoning Ordinance 2592 (CCS), revising the demolition permit review process for buildings or structures 40 years of age or older. The interim zoning regulations established by Interim Zoning Ordinance 2592 were extended to November 13, 2021 by Interim Zoning Ordinances 2599 (CCS) and 2626 (CCS) to allow further study of the implementation of the revised process. With the declaration of a local emergency, IZO timelines were extended during the pendency of the emergency, so the IZO continues to be in effect.
As part of the City’s budget restructuring resulting from the impacts of the COVID19 pandemic, which included a reduction in Planning staff, Council approved a restructured historic preservation program, which included adoption of emergency Interim Zoning Ordinance 2643 (CCS), revising the interim demolition permit review 2 of 7
process for buildings or structures 40 years of age or older. The revised process no longer includes a preliminary hearing by the Landmarks Commission to review demolition permits with the Landmarks Commission for properties 40 years of age and older. The ability for members of the public to file an application for designation of a building or structure as a City-designated Historic Resource during the 75-day waiting period remains. To help ensure the community has adequate information to determine whether to file an application, Council included additional noticing requirements in the revised process. If the 75-day waiting period lapses with no application filed, or if an application is filed and the building or structure is not designated, the demolition permit is issued.
The proposed emergency extension to the IZO would extend the interim zoning regulations with the revised demolition process to November 13, 2023. The revised process has only been effective during the COVID-19 public health emergency, and this extension will allow for further study and monitoring of implementation of the revised process as economic recovery efforts continue prior to making permanent changes to the Zoning Ordinance. All timelines associated with the demolition review process, including time for the Landmarks Commission to review any designation application filed during the 75-day waiting period, will remain the same.
Background
In June 2018, Planning Staff and the City Attorney’s Office commenced a review of the City’s demolition process applicable to buildings over 40 years of age and, as discussed more fully in the Council’s November 13, 2018 and January 8, 2019 staff reports, suspended the Landmarks Commission’s review of demolition permits. As a result, between June 1, 2018 and November 13, 2018 when the interim regulations originally went into effect, the Landmarks Commission did not review or discuss 58 demolition permit applications and a temporary stopgap process was implemented.
Public notice of demolition permit applications is provided online real-time through Open Data (https://data.smgov.net/Permits-Licenses/Active-Demolition-Permits-forBuildings-over-40-Ye/nvzr-qc5r/data), the Landmarks Commission website 3 of 7
(https://www.smgov.net/Departments/PCD/Boards-Commissions/LandmarksCommission/) and via e-mail as requested, in addition to the required site posting.
In considering the revised demolition review process recommended for Council adoption, staff focused on four objectives, which were developed based on feedback from the community, City Council, and Landmarks Commission on the temporary stopgap process and the foundations of the demolition application review process:
1. Clarifying the Landmarks Commission’s authority to exercise its regulatory role in reviewing historic resources impacts created by proposed demolitions
2. Transparency in the public process
3. Clarity for property owners
4. Balancing staff resources across the entire preservation program On November 13, 2018, Council adopted Emergency Interim Zoning Ordinance 2592 (CCS) (“Interim Zoning Ordinance 2592”) to establish temporary regulations for the demolition permit review process set forth in Santa Monica Municipal Code (“SMMC”) Section 9.25 (Demolition and Relocation Ordinance). These interim regulations were established to safeguard the City’s historic, aesthetic, and cultural heritage while also balancing legal and procedural considerations. The emergency Interim Zoning Ordinance went into effect immediately after Council adoption. On January 8, 2019, pursuant to Santa Monica Charter Section and SMMC Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance Number 2599 (CCS) (“Interim Zoning Ordinance 2599”) to extend the interim regulations. At that time staff recommended that the proposed extension of the interim zoning regulations continue for 10 months until November 13, 2019 to provide an opportunity for further study of key issues and monitor implementation before making permanent changes to SMMC Chapter 9.25. On November 12, 2019, Council adopted an extension to the emergency Interim Zoning Ordinance to November 13, 2021 to align with the anticipated schedule for the Landmarks Ordinance Update. The Landmarks 4 of 7
Ordinance Update has continued to be delayed due to the reductions in staffing that occurred in June 2020.
At its October 26, 2021 meeting, the City Council amended the fee schedule to provide that if the permit fee for an application to designate a property that is 40 years of age or older as a Landmark or Structure of Merit is filed while a demolition permit application is pending, the applicant for the Demolition Permit shall bear the actual costs of any historic consultant and the applicable Landmark Designation or Structure of Merit processing fee. Previously the applicant for the landmark or structure of merit designation would pay the processing fee.
Discussion
Implementation of the Emergency Interim Zoning Ordinance over the past two years has provided a consistent review process for both property owners and members of the public. The Landmarks Commission resumed meeting in July 2020 and the City has been regularly receiving nominations to designate properties associated with demolition application permits. Data on demolition and designation applications filed since the interim zoning regulations were revised in July 2020, include:
• Number of demolition applications filed – 66
o Number of designation applications filed by community as a result of demolition review – 4
• Designation applications filed outside of demolition review process o Property owner-initiated designation applications – 2 o Community-initiated designation applications - 3
This appears to be approximately the same level of designation activity as compared to the period before the interim zoning regulations were amended, as reported in the March 5, 2021 City Council Information Item (Attachment B). It does not appear that the revisions to the demolition review have resulted in a change in the rate of historic resources preservation. The community remains actively 5 of 7
engaged in reviewing the demolition lists aided by transparency in public notification and resources made available by City staff including real-time posting of demolition applications, monthly postings of demolition lists with e-mail distribution, and a public-facing portal for review of building permits. However, because the interim zoning regulations were amended during the extraordinary circumstances surrounding the COVID-19 public health emergency, staff recommends extending the interim zoning regulations as amended in July 2020 to November 13, 2023 to allow further study and monitoring of the revised process as economic recovery continues prior to making permanent changes to the Zoning Ordinance.
The interim demolition review process retains the full 180-day period (inclusive of the 75- day waiting and public notification period) for the Landmarks Commission to review any designation applications that are filed by the community. The shifting of the designation application fee from the applicant to the demolition permit applicant will also remove financial barriers for community-led review and nomination of properties with demolition permit applications. Further, a competitive process administered by the City is underway to distribute historic preservation funds negotiated through development agreements (approximately $390,000) to historic preservation organizations that would assist in preservation activities. These activities could include application costs and other advocacy and educational activities, as stipulated in the terms of development agreements.
The interim demolition review process will still provide a public process to safeguard the City’s historic, aesthetic, and cultural heritage as embodied and reflected in improvements that represent the City’s cultural, social, economic, political, and architectural history.
Applicability
The proposed extension to the Emergency Interim Zoning Ordinance would continue to only apply to demolition permit applications and Landmarks Commission hearings that are scheduled as a result of a property-owner filed demolition permit application pursuant to the Demolition and Relocation Ordinance (SMMC Chapter 9.25). More 6 of 7
specifically, the Interim Zoning Ordinance only applies to demolition permit applications for buildings over 40 years old and any designation application filed within the 75-day waiting period for a pending demolition permit application that has been determined to be complete.
It is important to note that the proposed extension to the Emergency Interim Zoning Ordinance does not change the procedures or timeframes set forth in the Landmarks and Historic Districts Ordinance (SMMC Chapter 9.56). The procedures and timeframes applicable to a Landmark Designation Application or Structure of Merit Designation Application (SMMC Sections 9.56.090 and 9.56.120) will continue to remain in effect for the following applications:
1. Landmark or Structure of Merit Designation Applications that are ownerinitiated and not in conjunction with a pending demolition permit application (i.e., self- nomination)
2. Landmark or Structure of Merit Designation Applications filed by a member of the public or non-profit organization that are not in response to a pending demolition permit application.
Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption) because it can be seen with certainty that there is no possibility that the proposed IZO may have a significant effect on the environment. The determination is based on the record as whole, which includes, but is not limited to, evidence that the recommended IZO represents a temporary change to procedures for review of demolition permits for buildings over 40 years old in order to identify and protect historic resources that is administrative in nature and does not change any policy decisions made by the City Council in adopting the Zoning Ordinance. No adverse physical impacts on the environment would occur as a result 7 of 7
of these changes. Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:
A. City Council Information Item: Update on Current Interim Zoning Ordinance for Review of Demolition Permit Applications (Web Link)
B. City Council Staff Report - IZO for Revised Demolition Process July 14, 2021 (Web Link)
C. CDD--Demolition IZO Extension - 01.25.2022
D. Written Comments
E. PowerPoint Presentation