Employers filing emission reduction plans (ERPs) shall pay an annual transportation fee calculated using the following formula: Fee = (number of employees) x (employee Cost Factor). The employee cost factor shall be established by resolution of the City Council and amended each July according to the Consumer Price Index or COLA, whichever is higher or by the resolution of the City Council.

For purposes of calculating an employer's annual transportation fee, the definition of employee shall include full-time and part-time employees. For purposes of calculating an employer's annual transportation fee, the definition of an employee working at a worksite for an average of six months or more shall be used.

Employers shall be notified of the employer annual transportation fee when they receive written notice to submit an ERP in accordance with this Chapter. Employer annual transportation fees shall be due and paid in full with the submittal of the ERP.

Once the employer annual transportation fee required pursuant to this Chapter has been paid, there shall be no refunds.

Employers of 30 or more employees, who implement an employee trip reduction plan and demonstrate attainment of the applicable AVR target shall receive the following reductions in their employer annual transportation fees:

Employers of 30 or more employees who join a TMO certified by the City, through the procedures specified in this Chapter, shall receive a 25% reduction in the annual employer transportation fee. This reduction shall be in addition to any fee reduction the employer is awarded for attainment of the applicable AVR target. Fees charged by the TMO to employers for its operation and administrative costs shall be separate from the City's employer transportation fee.

Each employer shall choose one or more of the following options in implementing their emissions reduction plan:

Mobile Source Emission Reduction Credits (MSERCs.) In order to meet their emission reduction target, any employer required to submit an ERP may purchase MSERCs from a vendor based on emission reduction factors as determined by Section 9.53.060(H). A list of credit vendors can be found on the SCAQMD's website.

Employee Trip Reduction Plan. Employers who choose this option shall prepare, implement, and monitor employee trip reduction plan (ETRP) for transportation demand management, transportation system management and transportation facility development which will be reasonably likely to result in the attainment of the applicable AVR target in this Chapter. The ETRP shall be submitted in a form approved by the City and shall be reviewed and approved by the Director of Transportation before it is effective.

Outreach/Education Plan. Employers shall include a plan to educate employers about commute options by making information available to employees.

Employers who fall under the requirements of parking cash out shall include a parking cash out plan. If a parking cash out plan is not included, the ERP shall be disapproved.

An employer may request an extension of up to 60 calendar days for the initial submittal of a plan.

An employer may request an extension of up to 30 calendar days to complete a revised plan.

The Director of Transportation may grant extensions beyond 60 calendar days for good cause. Each employer's request shall be reviewed on an individual basis.

If the Director of Transportation determines that any ERP strategy is not being carried out to the fullest extent, the City may require the employer to submit quarterly reports that include examples of the strategies implemented for each quarter.

If the Director of Transportation determines that the ERP strategy is not effective, the City may require the employer to submit quarterly progress reports that demonstrate the effectiveness of such strategies.

If it is necessary for an employer to amend an ERP before the plan can be approved, the employer shall have 15 business days from the date of written notice in which to submit amendments to the Director of Transportation. Employers failing to submit the amendments shall have their ERP disapproved.

An ERP will be disapproved if the program demonstrates a disproportionate impact on minorities, women, low income or disabled employees.

If a final determination that an element of an approved ERP violates any provision of the law issued by any agency or court with jurisdiction to make such determinations, then the employer shall, within 45 calendar days, submit a proposed plan revision to the Director of Transportation which shall be designed to achieve an AVR equivalent to the previously approved plan.

An employer may elect to use a consultant ETC or TMO certified in accordance with this Chapter in lieu of an ETC; provided the consultant ETC or the TMO staff have received certified training and the site maintains an on-site coordinator.

If the absence of a certified ETC, consultant ETC, or on-site coordinator exceeds eight consecutive weeks, a substitute ETC or on-site coordinator at the same level must be designated and trained. Written notice of such a change must be submitted to the Director of Transportation with proof of training no later than 12 weeks after the beginning of the absence.

All employers with 30 or more employees, located within the City of Santa Monica and subject to this Chapter, shall submit to the City, within 90 calendar days of receipt of written notice to implement an ERP designed to reduce emissions related to employee commutes and to meet a worksite specific emission reduction target (ERT) specifying pounds of emissions per employee for the subsequent year.

Employers required to submit an ERP shall identify measures in their ERP that will result in attainment of their emission reduction targets through the emission reduction plan specified in this Chapter within 90 calendar days of written notification by the City.

Multi-site employers of 250 or more employees, with one or more sites located outside the City of Santa Monica, but within the South Coast Air Basin and subject to SCAQMD Rule 2202, have the option of filing a Rule 2202 plan with the SCAQMD, or filing an ERP with the City of Santa Monica. Employers choosing to file a Rule 2202 plan with the SCAQMD will be required to notify the Director of Transportation in writing no later than 15 business days prior to the plan due date.

Multi-site employers of 250 or more employees, with worksites owned or leased by the same employer and located wholly within the City of Santa Monica, upon the Director of Transportation's approval of a written request, may submit a single ERP encompassing all worksites.

Written notice of approval or disapproval shall be given. If the plan is disapproved, the reasons for disapproval shall be given in writing to the employer.

Once the plan is approved, the employer will have 60 calendar days from the date of approval to implement all aspects of the plan.

Any plan disapproved by the Director of Transportation must be revised by the employer and resubmitted to the Director of Transportation within 30 calendar days of written notice of disapproval or the employer shall be deemed in violation of this Chapter. The City has 90 calendar days to review the resubmitted plan.

Upon receipt of the second disapproval written notice, and until such time as a revised plan is submitted to the Director of Transportation, the employer is in violation of this Chapter.

City Audits. The City shall perform audits on a selective basis. Employers shall receive at least five days' written notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and demonstration that an employer is performing the on-going monitoring required by this Chapter.

Compliance Inspection. Any employer subject to this Chapter is subject to a compliance inspection. This inspection will require access to records that demonstrate implementation and monitoring of the employer's emission reduction plan.

No business license shall be renewed if an employer has not paid the fees required by this Chapter.

Failure to submit an initial plan when due, annual report and plan update when due, or mandatory plan revisions when due, or failure to implement provisions of an approved plan as set forth in the plan implementation schedule, failure to keep records, falsification of records, failure to have a certified ETC or designated on-site coordinator on site if required, or failure to submit proper fees in accordance with this Chapter is a violation of this Chapter. Additionally, upon receipt of a second disapproval notice and until such time as a revised plan is approved by the City, the employer shall be deemed in violation of this Chapter.

If an employer chooses the employee trip reduction option and complies with all provisions of the approved plan but fails to meet the applicable AVR targets, that is not a violation of this Chapter, however, the City shall require the employer to provide additional incentives and marketing strategies in the ETRP with the goal of increasing the employer's AVR. Failure to obtain an approved updated plan shall be a violation of this Chapter.

If an employer chooses any emission reduction option (excluding the employee trip reduction option), the employer must meet the required emission reduction targets for that plan year. Failure to do so will be considered a violation of this Chapter.

Each day an employer violates the provisions of this Chapter or the terms and conditions of any approved ERP shall constitute a separate violation.

Require the addition of elements to an ERP submitted by an employer.

Revoke any approval of an ERP.

Revoke the business license held by any violator.

Impose administrative remedies as provided for in Chapter 1.09 or 1.10.

Any person violating any provision of this Chapter of the Municipal Code shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250 or a misdemeanor, which shall be punishable by a fine not exceeding $1,000 per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

Any person convicted of violating any provision of this Chapter shall be ordered to reimburse the City its full investigative costs.

Notwithstanding any other provisions of this Chapter regarding penalties for enforcement actions or for violations, for violators with 250 or more employees, the City, in addition to any other remedies under this Chapter, shall refer the matter to the SCAQMD for appropriate action in accordance with the Memorandum of Understanding executed between the City and the SCAQMD.

Nonresidential projects: 7,500 square feet or more.

Residential projects: 16 or more residential units.

Mixed-use projects: 16 or more residential units with any associated nonresidential floor area or 7,500 sf or more of nonresidential floor area with any number of residential units.

Inclusion of all applicable components of a developer TDM plan in this Chapter.

Whether the developer TDM plan clearly outlines site-specific strategies.

Likelihood of program measures to achieve applicable AVR target.

Project description.

Site conditions that affect commute travel.

Statement of commitment from the property owner to:

Annual budget to implement developer TDM plan.

Duties, responsibilities, and qualifications of a certified PTC.

Developer TDM plan program measures.

Implementation strategy that specifies how the developer TDM plan will be implemented, monitored, and who will be responsible for submitting annual status reports to the City.

Physical Elements. In addition to all physical facility improvements required by Chapter 9.28, Parking, Loading, and Circulation, the following additional physical elements shall be required to be implemented by the developer to the satisfaction of the City:

Programmatic Elements. Additional programmatic elements shall also be included in the developer TDM plan program measures based on the type of development as follows:

All Projects. Allowing employees and residents to participate in campaigns that promote use of carpools, vanpools, transit, walking, bicycling, carshare, bikeshare, and other trip reduction efforts.

Nonresidential Projects. For nonresidential projects and nonresidential components of mixed-use projects, participating in the annual project commute survey.

Guarantee adherence to the TDM objective and perpetual obligations of the developer TDM plan for all legal parcels within the site regardless of property ownership.

Inform all subsequent property owners of requirement of the developer TDM plan.

Inform the Director of Transportation of any change in ownership.

Identify consequences of noncompliant performance.

Confirmation of compliance with all developer TDM plan elements.

For nonresidential projects and nonresidential components of mixed-use projects, AVR calculations and documentation for the monitoring year based upon cumulative employee surveys for the project undertaken for one consecutive week each year. The survey must be conducted in accordance with Section 9.53.060(B) except that zero emission vehicles shall be counted as vehicles.

Updated statement of commitment from property owner.

Updated annual budget to implement developer TDM plan.

Contact information including name, e-mail address, and proof of certification of the PTC who is responsible for the preparation, implementation, and monitoring of the developer TDM plan.

Effect of the developer TDM plan on on-site transportation choice, parking availability, and transit ridership.

Updated implementation strategy.

Submit a TDM annual status report.

Pay the developer TDM fee.

Implement strategies contained in the developer TDM plan.

Achieve the established AVR requirement.

If the developer commits a violation other than not achieving the applicable AVR target, the City shall issue a written warning and the developer shall have 30 calendar days from receipt of the notice to correct the violation. If the developer continues to commit the violation 60 calendar days after receipt of the first written warning, the developer shall be subject to a fine of $5/residential unit/day and $5/employee in the project/day. The fine shall be deposited in accordance with Section 9.53.110. In the case of mixed-use projects that include both residential units and employees, the fine shall be calculated separately for each use.

If the annual monitoring report shows that the applicable AVR target has not been achieved for the project, then the developer shall submit a list of modifications to the developer TDM plan to the Director of Transportation for approval within 60 calendar days of the report submittal. The Director of Transportation shall review the list of modifications and may also recommend modifications to the developer TDM plan, as appropriate, in order to ensure that the applicable AVR target is achieved. Upon approval of the requested changes, the developer shall have 30 calendar days to implement the approved measures. Developer shall then submit a follow-up monitoring report within six months of implementation of the new measures. If the project continues to not achieve the applicable AVR target, developers have the option of:

If the project continues to not be in substantial compliance with the developer TDM plan, the City shall have the option to:

Printed documentation of site features (e.g., location of carpool and vanpool parking spaces).

Photographs of TDM program facilities (e.g., vanpool and carpool parking spaces).

Field site inspections by the City.

Other building site reports and surveys that the City may deem appropriate.

Approved developer TDM plans must be kept at the project site by the PTC. Failure to maintain records or falsification of records will be deemed a violation of this Chapter.

A mission statement which describes the reasons for the organization's existence and the overriding goals of the TMO, including how the TMO will implement the goals of the LUCE and no net new p.m. peak trips.

Goals and objectives for the first year which target achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMO and how the TMO will help meet the area and regional transportation and air quality goals.

A plan for a baseline survey of commuters and employers in the area to establish existing commuter characteristics and attitudes of commuters towards traffic and the use of commute options. The employer survey shall obtain a descriptive profile of existing programs and employer attitudes toward developing new programs.

The services to be provided by the TMO to its members, including the commute options to be provided and promoted, the advocacy and marketing activities planned including in-person outreach to employees, and the role of the TMO staff in providing the services.

A marketing plan which creates an identity for the TMO and which describes how the TMO's planned services will be marketed to member employers and their employees.

A monitoring and evaluation plan which will be used to measure progress against goals and objectives, including results of the TMO's activities with each member. This plan will be used to provide annual reporting information to the City.

A budget which details how the work of the TMO will be accomplished, including details of public and private financing and expenditures.

The mission statement shall be revised based on changes in the goals and objectives of the TMO, if any.

The goals and objectives shall be updated to reflect progress and changes in the TMO services.

The baseline survey need not be repeated; however, the annual report shall include follow-up monitoring and evaluation activities related to the baseline survey.

The evaluation and results shall be discussed and used to describe the next year's planned activities.

The City Council shall have final jurisdiction in the approval of final subdivision and parcel maps and improvement agreements and the acceptance of the City of such land and/or improvements as may be proposed for dedication to the City.

Except for projects approved pursuant to Section 9.54.140, the City Council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative maps and the approval or denial of extensions.

The City Council shall establish by resolution reasonable fees for the processing of maps and for other procedures required by or authorized by this Chapter or the Subdivision Map Act.

Except for projects approved pursuant to Section 9.54.140, the City Council shall approve or deny applications for a stay of expiration of tentative subdivision or parcel maps pursuant to Section 9.54.090(C).

Establishing design and construction details, standards, and specifications;

Determining if proposed subdivision improvements comply with the provisions of this Chapter and the Subdivision Map Act;

The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers and certificates of compliance;

The inspection and approval of subdivision improvements;

The acceptance of private improvements.

Investigate proposed subdivisions for conformity to the General Plan, specific plans, and zoning ordinances of the City and reporting his or her findings, together with recommendation for approval, conditional approval or denial to the Planning Commission and City Council; and

For projects approved pursuant to Section 9.54.140, serve as Advisory Agency and be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions.

Divisions of land created by short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Public Utilities Code Section 230, provided, however, that upon a showing made to the City Engineer based upon substantial evidence that public policy necessitates such a map, this exception shall not apply;

A lot line adjustment between four or fewer existing adjoining parcels, provided:

Land conveyed to or from a public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map;

When the parcel map is waived as provided by Section 9.54.050(G), a plot map in a form as required by the City Engineer, and a certificate of compliance in accordance with Section 9.54.050(H) shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers;

The voluntary merger of existing adjoining parcels as provided by Section 9.54.110.

A title which shall contain the subdivision number, subdivision name, and type of subdivision;

Name and address of legal owner, subdivider, and person preparing the map (including registration number);

Sufficient legal description to define the boundary of the proposed subdivision;

Date, north arrow, scale and contour interval;

Existing and proposed land use;

A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;

Existing topography of the proposed site and at least 100 feet beyond its boundary, including, but not limited to:

Proposed improvements to be shown shall include, but not be limited to:

The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

The source and date of existing contours;

All letter size shall be one-eighth inch minimum;

If the subdivider plans to develop the site as shown on the tentative map in units, then the subdivider shall show the proposed units and their proposed sequence of construction on the tentative map;

The Director may waive any of the foregoing tentative subdivision map requirements whenever he or she finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The Director may require other such drawings, data or other information as deemed necessary.

Title Report. A preliminary title report dated within the last three months prior to the submittal date, showing the legal owners at the time of filing the tentative subdivision map.

Environmental Impact Study. The various time limits set forth in this Chapter for taking action on tentative subdivision maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

Housing Element Compliance Plan. A plan for complying with any requirements of the Housing Element.

Building Plans and Elevations.

Landscape Plan.

Condominium Specification Checklist.

CC&Rs.

Tenant Displacement List.

Tenants' Notice of Intent to Convert.

Notice of Intent to Convert.

Building Condition and History Report.

Conversion Report.

Energy Conservation Plan.

Application for Conditional Use Permit.

Radius Map, Mailing List.

Preliminary Soil Report. A preliminary soil report as required by Health and Safety Code Section 17953. The Building Officer may waive this requirement upon a determination that no preliminary analysis is necessary because of the knowledge of the Building Officer as to soil qualities of soil of the proposed subdivision or lot.

Other Reports. Any other data or reports deemed necessary by the Director.

A "vesting tentative map" is a tentative map as defined in this Chapter which shall have printed conspicuously on its face the words "Vesting Tentative Map" and which is processed in accordance with this Section.

Whenever a tentative map is required by this Chapter, a vesting tentative map may be filed instead. If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be required as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

A vesting tentative map shall be processed in the manner provided in Section 9.54.030(D) and (E) of this Chapter. A vesting tentative map shall be filed in the same form and with the same content as provided in Section 9.54.030(B) and (C) of this Chapter except that the words "Vesting Tentative Map" shall be conspicuously printed on the face thereon.

A vesting tentative map shall expire and be subject to the same extensions as apply to a tentative map as set forth in this Chapter.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect as of the date the application for a vesting tentative map is determined to be complete, or as otherwise permitted by Government Code Section 66474.2. If Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. Approval of a vesting tentative map shall in no way limit or diminish the authority of the City to deny or impose reasonable conditions in conjunction with subsequent approvals relating to the project provided the City applies those ordinances, policies and standards in effect at the time of approval of the vesting tentative map.

Notwithstanding subsection (5), the City may condition or deny a permit, approval, extension, or entitlement for use based upon ordinances, policies and standards enacted subsequent to the time the vesting tentative map is approved or conditionally approved if any of the following are determined:

The rights referred to in this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. After the final map is approved, the rights referred to in this Section shall apply for the following time periods:

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map or approve it conditioned upon the subdivider obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with development in substantial compliance with the change in the zoning ordinance and the map as approved.

Notwithstanding any provision of this Section, a property owner or designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in subsection (5), the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

At the time of making the survey for the final subdivision map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

The final subdivision map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record of black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheets are used, a key sheet will be included.

All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

The final form of the final subdivision map shall be as approved by the City Engineer.

Boundary. The boundary of the subdivision shall be designated by a heavy black line in such manner as not to obliterate figures or other data.

Title. Each sheet shall have a title showing the subdivision number and name and location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In the City of Santa Monica."

Certificates. The following certificates shall appear only once on the cover sheet.

Scale, North Arrow and Basis of Bearings. There must appear on each map sheet the scale, the north arrow and the basis of bearings in relation to a previously recorded final map. The basis of bearings shall be approved by the City Engineer.

Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the final subdivision map.

Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from off-sets as approved by the City Engineer) the following locations:

Lot Numbers. Lot numbers shall begin with the number 1 in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final subdivision map, unless approved by the City Engineer.

City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.

Subdivision Improvement Agreements. If, at the time of approval of the final map, any public improvements required pursuant to this Chapter have not been completed and accepted in accordance with the conditions of the tentative map, the subdivider shall enter into an agreement with the City to either complete the improvements at the subdividers expense or to create a special assessment for the financing and completion of such improvements. The City shall require a security guarantee for the completion of any such improvements.

For subdivisions of air space, an exploded isometric view of all air space lots shall be provided. Also section details, including vertical limits for all lots and public easements within the subdivision shall be furnished.

Improvement Plans. Improvement plans as required by the Planning Commission or City Council.

Title Report. A title report dated within the last three months prior to the submittal date, showing the legal owners at the time of submittal of the final subdivision map.

Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.

Deeds for Easements or Rights-of-Way. Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final subdivision map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

Joint Use of Right-of-Way Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road.

Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains.

Organization Documents. The submittal of the final subdivision map shall include the proposed Declaration of Covenants, Conditions and Restrictions, and all other organizational documents for the subdivision in a form as prescribed by Civil Code Section 1355.

Any additional data, reports or information as required by the City Engineer. All documents shall be subject to review by the City Engineer and City Attorney.

Name and address of legal owner, subdivider, and the person preparing the map (including registration number). The engineer or surveyor responsible for the preparation of the map shall certify that all monuments are or will be set on or before a specified date.

Assessor's parcel number.

Date prepared, north arrow, scale and contour interval.

Existing and proposed land use.

Title.

A vicinity map, sufficient to show the relation to the local community.

Existing topography of the site and at least one hundred feet from its boundary, including, but not limited to:

Any improvements proposed by the owner shall be shown.

If the site is to be graded, proposed contours shall be shown or on an approved grading plan.

The proposed lot layout and lot areas.

Proposed easements or rights-of-way.

The source and date of existing contours.

A preliminary report of title showing the current vested owner and dated within three months of the application.

A soils and/or engineering geology report may be required by the City Engineer.

Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative parcel map.

Environmental Impact Study. The various time limits set forth in this Chapter for taking action on tentative parcel maps shall not be deemed to commence until the parcel is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

Housing Element Compliance Plan. A plan for complying with any requirements of the Housing Element.

Building Plans and Elevations.

Landscape Plan.

Condominium Specification Checklist.

CC&Rs.

Tenant Displacement List.

Tenants' Notice of Intent to Convert.

Notice of Intent to Convert.

Building Condition and History Report.

Conversion Report.

Energy Conservation Plan.

Application for Conditional Use Permit.

Radius Map, Mailing List.

Preliminary Soil Report. A preliminary soil report as required by Health and Safety Code Section 17953. The Building Officer may waive this requirement upon a determination that no preliminary analysis is necessary because of the knowledge of the Building Officer as to soil qualities of soil of the proposed parcel or lot.

Other Reports. Any other data or reports deemed necessary by the Director of Planning.

A subdivider shall submit a Request for Waiver of Parcel Map which shall set forth the manner in which the proposed division is consistent with the purpose of this Chapter and the General Plan.

A subdivider shall also submit a plot map of the proposed division which shall contain a detailed survey of all affected parcels. The content of the plot map shall be determined by the City Engineer.

The Director of Planning shall review the Request for Waiver of Parcel Map and shall set the matter for public hearing before the Planning Commission as provided in Section 9.54.070(A).

The Planning Commission shall approve, conditionally approve or deny the Request for Parcel Map Waiver after the contents of the plot map have been approved by the City Engineer.

If the Planning Commission approves or conditionally approves the Request for Parcel Map Waiver, a Certificate of Compliance shall be executed. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this Chapter. Upon making such a determination the City shall cause the Certificate of Compliance to be filed for record with the County Recorder's Office.

Improvement Plans. Improvement plans as required by the Planning Commission or City Council.

Title Report. A title report dated within three months of the submittal showing the legal owners at the time of submittal of the final parcel map.

Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.

Deeds for Easements or Rights-of-Way. Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final parcel map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the parcel permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

Joint Use of Right-of-Way Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road.

Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the parcel and around the interior lots or blocks shall not exceed one part in 1/20,000.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains.

Organization Documents. The submittal of the final parcel map shall include the proposed Declaration of Covenants, Conditions and Restrictions, and all other organizational documents for the subdivision in a form as prescribed by Civil Code Section 1355.

Any additional data, reports or information as required by the City Engineer. All documents shall be subject to review by the City Engineer and City Attorney.

Upon receipt of a valid application and upon receipt of the report and recommendations for the proposed tentative map by the Director, the Secretary of the Planning Commission shall set the matter for public hearing. At least 10 calendar days before the public hearing, the Secretary shall cause notice to be given of the time, date and place of said hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. Notice shall be given as follows:

The failure to receive notice by any person entitled thereto by law or by this Chapter does not affect the validity of any action taken pursuant to the procedures set forth in this Chapter.

In approving or conditionally approving the tentative map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the City of Santa Monica.

If no action is taken by the Planning Commission within the required time limit, as specified in the Subdivision Map Act, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this Chapter or other City ordinances, and it shall be the duty of the City Clerk to certify the approval. A tentative map which is deemed approved by the failure of the Planning Commission to act within the required time limit is subject to an appeal within 10 days of the date the tentative map is deemed approved.

The proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451.

The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The site is not physically suitable for the type of development.

The site is not physically suitable for the proposed density of development.

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision or the type of improvement is likely to cause serious public health problems.

The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previous acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

The proposed subdivision is inconsistent with any ordinance or law of the City of Santa Monica.

By Subdivider. If the subdivider disagrees with any action by the Planning Commission with respect to the tentative map, the subdivider may, within 10 days of such decision file an appeal in writing with the City Clerk. The City Council shall consider the appeal within 30 days after the date of filing the appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to Section 9.54.070(A). In addition, notice shall be given to the subdivider and the Planning Commission. Upon conclusion of the public hearing, the City Council shall within 10 days declare its findings. The City Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this Chapter or the Subdivision Map Act.

By Interested Persons. Any interested person, including a member of the Planning Commission or City Council, may file a complaint in writing with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within 10 days after the action which is the subject of the complaint. No complaint may be filed after the 10 day period. Within 10 days, or the next regular City Council meeting following the filing of the complaint, whichever is later, the City Council may, at its discretion, reject the complaint or set the matter for hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for public hearing, a public hearing shall be held within 30 days after filing of the complaint pursuant to the procedures contained in Section 9.54.070(A) with additional notice being given to each person filing a complaint. For purposes of this Chapter, interested person includes any resident of the City of Santa Monica.

The final map together with the subdivision improvement agreement, shall be placed on the City Council agenda for its approval. The City Council shall consider the final map for approval at its next regular meeting after the meeting at which it receives the map prepared in accordance with this Chapter. The City Council shall have approved any subdivision improvement agreement before approving the final map.

If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the City Manager to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map does not meet the requirements of the Subdivision Map Act or this Chapter, the City Council shall deny the final map without prejudice to the subdivider resubmitting a final map in compliance with the Subdivision Map Act and this Chapter.

An approved or conditionally approved tentative map shall expire:

The period of time specified in subsection (A)(1) shall not include any period of time specified in Government Code Section 66452.6(b).

The period of time specified in subsection (A)(1) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved pursuant to Section 9.54.090(C) of this Chapter.

The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed with the legislative body pursuant to Government Code Section 66457 without first processing a new tentative map. Once a timely filing is made, subsequent actions may lawfully occur after the date of expiration of the tentative map.

Application. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission or City Council on appeal for a period or periods not exceeding a total of 3 years.

Request by Subdivider. The subdivider or his/her engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Director of Planning. The application shall be filed not less than 60 days before the map is to expire and shall state the reasons for requesting the extension.

Planning Commission Action. The Director of Planning shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Director of Planning's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative map. The Planning Commission shall act upon the request within 30 days of the filing of the written application.

Time Limit of Extension. The approved extension shall not exceed 3 years.

Appeal. The subdivider or any interested person may appeal any action of the Planning Commission on the extension to the City Council within 10 days of such action. The City Council shall act upon the appeal within 20 days.

No lots, units or building sites are added.

Such changes are consistent with the intent and spirit of the original tentative map approval.

There are no resulting violations of the Santa Monica Municipal Code. Any revision shall be approved by the Director of Planning and the City Engineer. The amendment shall be indicated on the approved map and certified by the Director of Planning and the City Engineer. Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with Section 9.54.070. Any approved amendment shall not alter the expiration date of the tentative map.

Ensure that the air space lots have access to appropriate public rights-of-way by means of one or more easements or other entitlements to use, in a form satisfactory to the City Engineer; and

Restrict each lot so that minimum lot size, dimension and area requirements, parking requirements, setback requirements, building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclusionary housing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property are determined for the air space lots as if all lots in the air space subdivision were merged into the same lot.

The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;

The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them;

The merger will not alter the exterior boundary of the parcels to be merged;

The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;

All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the City Engineer, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of Final Maps under the provisions of California Government Code Section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent;

All necessary fees and requirements, including a fee for recording the document have been provided;

The merger shall not create a parcel that exceeds the lot consolidation size limit established in Section 9.21.030(B)(1) for the zone district in which the parcel is created.

Certificates of Compliance. This Division provides procedures for the filing, processing, and approval or denial of applications for Certificates of Compliance, consistent with the requirements of Chapter 9.54 (Land Division) of the Santa Monica Municipal Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

Conditional Certificates of Compliance. This Division provides procedures for the filing, processing, and approval, approval with conditions or denial of applications for Conditional Certificates of Compliance, consistent with the policies and standards of the General Plan, Divisions I through VI of Article 9 of the Santa Monica Municipal Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

Who May Apply. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance or Conditional Certificate of Compliance.

Certificate of Compliance. An application for a Certificate of Compliance shall be filed with the City Engineer.

Conditional Certificate of Compliance. Upon the City Engineer's determination that the Certificate to be recorded is required to be a Conditional Certificate of Compliance, an application for a Conditional Certificate of Compliance shall be filed with the Planning and Community Development Department.

Certificate of Compliance. An application for a Certificate of Compliance shall be filed on a City Engineer's application form, together with required fees and/or deposits, and all other information and materials as identified in the City Engineer's application for a Certificate of Compliance.

Conditional Certificate of Compliance. An application for a Conditional Certificate of Compliance shall be filed with the Planning and Community Development Department in compliance with the following:

In General. After receipt of an application for a Certificate of Compliance, the County Surveyor shall review all available information and determine whether the real property was divided in compliance with Chapter 9.54 (Land Division) of the City Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

Certificates of Compliance. If the City Engineer determines that the real property was divided in compliance consistent with the requirements of Chapter 9.54 (Land Division) of the Santa Monica Municipal Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application, then the City Engineer shall cause a Certificate of Compliance to be filed for record with the County Recorder in compliance with subsection (F)(1), below.

Owners Are Original Subdividers. If the owners of the real property for which a Conditional Certificate of Compliance is being requested are the original subdividers, then the decision-maker, in compliance with the Subdivision Map Act, may impose any conditions that would be applicable to a current subdivision of the property, regardless of when the property was divided.

Owners Are Not Original Subdividers. If the owners of the real property for which a Conditional Certificate of Compliance is being requested had no responsibility or are not "successors in interest" of the subdivision that created the real property, then the decision-maker may only impose conditions that would have been applicable to the subdivision at the time the real property was acquired by the current owners.

Compliance with Conditions. The conditions of approval shall be required to be fulfilled and implemented prior to the subsequent issuance of a permit or other grant of approval for development of the property.

Certificate of Compliance. The City Engineer shall file for record a Certificate of Compliance with the County Recorder. The Certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the division complies with the requirements of Chapter 9.54 (Land Division) of the Santa Monica Municipal Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable.

Conditional Certificate of Compliance. Following expiration of the applicable appeal period of the final action by the decision-maker, the County Surveyor shall file for record a Conditional Certificate of Compliance with the County Recorder. The Certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions adopted in compliance with subsection (D), above, shall be required before subsequent issuance of a permit or other approval for the development of the property.

Except as modified by this Section, all provisions of this Chapter remain applicable.

Subdivisions pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential:

Subdivisions pursuant to Government Code Section 66499.41.

Subdivisions Pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums that will result in four or fewer parcels:

Except as provided in subsection (F)(2), below, the Board shall issue its determination prior to issuance of the Administrative Approval by the Director.

Notwithstanding subsection (F)(1), above, the Architectural Review Board's design review approval shall occur after the Director's determination on the Administrative Approval if the project has met the following:

The plan for the proposed project is expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity, and individuality;

The proposed project is not of inferior quality such as to cause the nature of the local neighborhood or environment to materially depreciate in appearance and value;

The proposed design of the project is compatible with developments on land in the general area; and

The proposed project is in conformity with the effective guidelines and standards adopted pursuant to this Chapter and all other applicable ordinances relating to the location and appearance of the project involved.

Additions to structures or accessory structures (other than those exempted from review by Section 9.55.170) if the addition is either:

Additions to structures that are visible from a public right-of-way (other than an alley) if the addition is:

New buildings that:

Mechanical and electrical equipment on an existing structure that is substantially screened from view, and when required, rooftop screening on an existing structure that is in keeping with the design of the existing structure.

Replacement of existing materials with similar or consistent materials, provided that the new materials are of a comparable quality, texture, and craftsmanship as the existing structure.

Alterations to the design or materials of a façade of an existing structure if that structure is either:

New window frames, door frames, windows, and doors on existing structures, provided that the new elements are of high quality and are consistent with the materials on the existing structure.

New awnings without signage that are not backlit and of a design and color consistent with the existing structure, including any existing awnings.

New construction of and alterations to outdoor use areas permitted under Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, including, but not limited to, railings, awnings, lighting, and other structures and appurtenances thereto.

New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.

Landscape and irrigation plans for:

Notwithstanding anything to the contrary in this subsection (A), the only projects subject to administrative design approval for existing structures on the historic resource inventory are projects involving minor or insignificant alterations to the design or materials of a façade.

The structure is a unique or rare example of an architectural design, detail or historical type.

The structure is representative of a style in the City that is no longer prevalent.

The structure contributes to a potential Historic District.

It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City.

It has aesthetic or artistic interest or value, or other noteworthy interest or value.

It is identified with historic personages or with important events in local, state or national history.

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.

It is a significant or a representative example of the work or product of a notable builder, designer or architect.

It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City.

Any of the criteria identified in Section 9.56.100(A)(1) through (6).

It is a noncontiguous 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.

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.

It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City.

A statement of the applicable criteria and standards against which the application for designation was assessed.

A statement of the facts found that establish compliance or noncompliance with each applicable criteria and standards.

The reasons for a determination to approve or deny the application.

The decision to deny or to approve with or without conditions and subject to compliance with applicable standards.

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.

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.

During a 180-day time period commencing from proper filing of an application for a 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.

Notwithstanding any of the foregoing, the Commission shall have the power to extend the required 180-day time period to a duration not to exceed a 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.

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.

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.

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.

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.

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.

If the property is income-producing, the annual gross income from the property for the previous 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

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.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous 2 years.

All appraisals obtained within the previous 2 years by the owner or applicant in connection with the purchase, financing or ownership of the property.

Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous 2 years.

Assessed value of the property according to the 2 most recent assessments.

Real estate taxes for the previous 2 years.

Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other.

Any other information considered necessary by the Landmarks Commission for a determination as to whether the property does yield or may yield a reasonable return to the owners.

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 five 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 re-filed 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 re-filed application shall be processed in the manner outlined in this Section 9.56.170. Under this provision, should the applicant still seek to demolish the Landmark structure after the five-year period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be required to be re-filed. This application shall be subject to the same conditions as the prior application.

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 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 re-filed at any time during the 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 re-filed application shall be processed in the manner outlined in this Section 9.56.170. Under this provision, should the applicant still seek approval for other than the demolition of a Landmark structure after the 180-day period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be required to be re-filed. This application shall be subject to the same conditions as the prior application.

Any decision relating to an application for the designation of a Landmark.

Any decision defining and describing a Landmark Parcel upon which a Landmark is situated.

Any decision 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.

Any decision relating to an application for a certificate of appropriateness.

Any decision relating to a structure of merit.

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.

Not more than 20 days and not less than 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 by at least one publication in a daily newspaper of general circulation, and shall be mailed to:

The names and addresses of such owners as are shown on the records of the Los Angeles County Assessor shall be used for providing this notification. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. 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.

A statement of the applicable criteria and standards against which the application for designation was assessed.

A statement of the facts found that establish compliance or noncompliance with each applicable criteria and standards.

The reasons for a determination to approve or deny the application.

The decision to deny or to approve with or without conditions and subject to compliance with applicable standards.

Façades which may fall and injure members of the public or property.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.

Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

Provided that a Certificate of Appropriateness is obtained from the Landmarks Commission, the following projects shall be exempt from review by the Architectural Review Board:

The Landmarks Commission may refer any of these matters to the Architectural Review Board for comment.

The property has no confirmed and outstanding violations of this Code, or any other applicable Federal, State or local law, rule or regulation;

The property is not subject to a tax delinquency; and

All completed or ongoing alterations, construction or rehabilitation to designated buildings or structures located on the property conform to the Secretary of Interior's Standards for the treatment of Historic Properties.

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.

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.

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.

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; twenty-nine 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.

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.

The Bay Street Cluster exemplifies, symbolizes, and manifests elements of the cultural, social, economic, political, or architectural history of the City in that:

The Bay Street Cluster has aesthetic or artistic interest or value, or other noteworthy interest or value in that:

The Bay Street Cluster 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 to such a study in that the early Craftsman design and high degree of integrity remaining in these structures makes these buildings a rare example of the Craftsman period and style. The buildings exist as an intact representative of circa 1910 Craftsman architecture which had its genesis in Southern California. As more fully described in paragraphs (1) and (2) above of this subsection (B), these 1910 buildings retain most of their original components with the exception of what appears to be some simulated brickwork siding.

The Bay Street Cluster has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City in that these buildings have a unique location on the north side of Bay Street between Neilson Way and Main Street. They exist as a mostly intact block face in a neighborhood that is highly fragmented in terms of age and building styles. As most other buildings of this era have been replaced, the buildings have become an established visual feature of the neighborhood that represents turn of the century Ocean Park.

The Bay Street Cluster 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. These buildings are located on the north side of Bay Street between Neilson Way and Bay Street. Neilson Way was originally the Pacific Electric right-of-way known as the "Trolley way." It became a vehicular street in the 1930s. The tracks, which connected Santa Monica to the rest of the region, were a major stimulus for the development of the City and the Ocean Park area. In addition to its proximity to transportation, these structures were close to both the beach and the retail area on Main Street. This remains a desirable location to this day.

The San Vicente Boulevard Courtyard Apartments Historic District exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City in that it reflects a major pattern of multi-family housing in the City, is an excellent and distinctive concentration of courtyard apartments, and reflects the development of housing along San Vicente Boulevard. Courtyard apartments are a multi-family housing type that emerged in the 1920s and were a popular form of multi-family housing in Santa Monica and throughout Southern California through the 1950s. Responding to the temperate climate of the region and the growing popularity of multi-family living among middle- and upper-middle income residents in the years preceding and following World War II, courtyard apartments are an important regional dwelling type in the architectural history of Southern California. Although courtyard apartments are relatively common in the larger area of Southern California, it is rare to find a geographic concentration such as that which exists in the District within the boundaries of the City of Santa Monica. Therefore, the District is significant as exemplifying patterns of multi-family housing in Santa Monica and trends in regional dwelling types, in particular the courtyard apartment.

The San Vicente Boulevard Courtyard Apartments Historic District embodies distinguishing architectural styles 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 the work or product of a notable builder, designer or architect in that the District comprises an excellent collection of 1930s to 1950s courtyard apartments in Santa Monica and is a rare contiguous concentration of courtyard housing in Santa Monica. As demands for high density, multi-family housing have continued to grow in Santa Monica, intact groupings of smaller scale, multi-family properties have become increasingly rare in the City. Courtyard apartments in the District are low-scale courtyard apartment buildings, with open plans partially or fully surrounding exterior landscaped courtyards with unique specimen trees and features. Notable architects who have worked in the District include Carl Maston and Edith Northman. Consistency of scale, plan and layout distinguishes the District from other residential neighborhoods in Santa Monica. The buildings are constructed in a variety of architectural styles, including Streamline Moderne, American Colonial Revival, Minimal Traditional, and Mid-Century Modern. The architectural styles and related character-defining features found in the District are described as follows:

The San Vicente Boulevard Courtyard Apartments Historic District has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City in that multi-family courtyard apartments with distinctive signage reflecting original building names comprise the majority of the District, distinguishing it from adjacent neighborhoods, which are almost exclusively single-family residential in composition. Additionally, the District's setting is distinctive due to its location on San Vicente Boulevard, a major corridor that originally had streetcar tracks running down its center from 1906 to 1940, and is now occupied by a 50-foot wide median featuring regularly spaced coral trees. Due to its distinctive location along San Vicente Boulevard and its unique multi-family residential composition in northwest Santa Monica, the District is an established and familiar visual feature in the City.

The San Vicente Boulevard Courtyard Apartments Historic District is a noncontiguous 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 in that the District contains a significant concentration of courtyard apartments, a popular multi-family housing type in Southern California from the 1920s to the 1950s. Though a few courtyard apartments within the District were constructed prior to World War II, the majority were built in response to Santa Monica's postwar housing demands. All courtyard apartments within the District have L-, O-, I-, C-, or U-shaped plans that partially or fully surround a landscaped courtyard. Since most courtyard apartments within the District were constructed after World War II, popular 1940s-1950s architectural styles, including Streamline Moderne, American Colonial Revival, Minimal Traditional, and Mid-Century Modern, are prominent in the District. Thus, the district is composed of a concentration of similar multi-family property subtypes that are united aesthetically by their plans, scale, appearance, and architectural styles.

The San Vicente Boulevard Courtyard Apartments Historic District 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. The District was originally subdivided as part of the Palisades Tract in 1905. Initial development of the district paralleled the development of the surrounding area, as a number of large single-family residences lined this stretch of San Vicente Boulevard by 1918. However, by the 1920s, small apartment houses, bungalow courts, and courtyard apartments began filling empty lots between single-family dwellings, and by 1937, the District was zoned for multi-family residential development. Development of the District increased substantially during Santa Monica's population boom after World War II. By the late 1950s, two- and three-story courtyard apartment complexes had filled empty lots and replaced smaller multi-family dwellings and single-family houses. The District reflects multi-family residential development patterns, and in particular, the popularity of courtyard apartment housing in Santa Monica during the postwar era.

The 11th Street Bungalow Historic District exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City. Although the Historic District is located in the original town of Santa Monica and the lots were recorded during the 19th century, this section of town was the eastern "frontier" and was not developed until the early 20th century. By 1891, the north and eastward push of the residential district was well underway. In 1898, the first high school, Lincoln, was built at Oregon (Santa Monica Boulevard) and 11th Street and this block has remained an educational facility ever since. In 1902, only one house had been built on the block; by 1909 sixteen wood frame cottages had been erected. Much of this early development and residential growth was directly linked to the expanding network of streetcar lines in the City and nearby Los Angeles, which enable suburban growth outside of the City's central core. Three of these early homes, all hipped roof, turn-of-the-century cottages survive: 1233, 1239, and 1259 (1107 Arizona), although 1233 was modified to its current American Colonial Revival appearance around 1923 and 1239 has lost integrity. In 1911/1912 respectively, the 1221-23 and 1229 residences were added. Both were developed in the Craftsman style. By 1918, the block was fully developed, with additional Craftsman bungalows filling in the empty lots, reflecting the popularity of this form of development during the first quarter of the twentieth century. The final contributing structure, 1115 Arizona Avenue, was built in 1925. Consequently, of the ten properties in the district, 5 have substantially intact improvements that date from the area's period of significance (1905-1925) and fall into three property types/architectural styles: hipped roof cottages from the turn-of-the-century era, Craftsman bungalows from the teens, and the small, Spanish Colonial Revival style bungalow, located at 1115 Arizona Avenue. A combination of factors contributed to the area's desirability, including the beach accessible living, temperate climate, the local entertainment industry, tourism, adjacency to good schools, thriving downtown, and accessibility to affordable and efficient transportation. Like much of the surrounding neighborhood, this block of 11th Street was built for the middle and working class with moderate incomes. Because of their relative economy, bungalows were the preferred housing type to respond to the growing need for affordable housing during the 1910s and 1920s. Many of the residents were active and contributed to the City and Southern California via education, construction, commerce, and movie technologies and they exemplified the proliferation of single-family dwellings in the Santa Monica Townsite. Following the real estate boom of the 1920s, many of the property owners built second units behind or adjacent to their main homes for extra income or extended family. Given this, the district reflects an important aspect of the City's overall association with the middle and working class from the first quarter of the twentieth century. These 5 properties are significant for conveying patterns of residential development that shaped the Mid-City neighborhood of Santa Monica in the early decades of the twentieth century. Each of these properties contribute to the scale, continuity, and character of this district. As a whole, their integrity of location, design, workmanship, material, setting, feeling, and association work together to visually and physically convey time, place, historical development and authenticity from its period of significance. The collective low-scale and working-class feeling of the district has been retained as a cohesive whole, even with the development of the noncontributing apartment buildings built in the 1950's. This cluster of pre-1925 homes in the original Santa Monica tract is rare. As such, the district is an early and prime example of middle-class housing in the City and retains an important linkage to a significant architectural period that is rapidly disappearing in the City. Although there have been significant changes to the district since its period of significance identified as 1905-1925, these changes do not unduly compromise the ability of the overall district to exemplify and manifest this City's history by conveying an important development pattern. More specifically, the district does not contain so many alterations or new intrusions that it fails to convey the sense of a historic environment. For instance, the adjoining apartment buildings built in the 1950s extend the vernacular, working class nature of the neighborhood and maintain its low scale. As such, they do not diminish the integrity. The district, taken as a whole, is a microcosm of Santa Monica development. Additionally, while the residential property at 1239 11th Street is no longer a contributing structure due to significant modifications after the Northridge Earthquake, it still maintains adequate aspect of integrity based on location, setting, feeling, and association so as not to detrimentally compromise the overall integrity of the district. Many of the other extant pockets of residential neighborhoods in the Santa Monica tract also developed during this period of significance do not have subsequent infill that maintain this relationship. For all of these factors, this district exemplifies the neighborhood's earliest development and the middle-class in Santa Monica during the first quarter of the twentieth century, and as such, it exemplifies and manifests elements of the cultural, social, economic, and architectural history of the City.

The 11th Street Bungalow Historic District is identified with historic personages or with important events in local, State or national history. Kenneth Strickfaden lived at 1223 12th Street from 1914 to 1920. He is largely known for his creation of the electronic special effects in the film Frankenstein (1931) as well as others, including The Wizard of Oz (1939). His development of techniques applied in these and other films can be seen in experiments conducted in his workshop behind his home, where he worked with electrical effects, wireless communications and Tesla coils. These experiments were part of a continuum of his opus as an artist, achieving international fame in adult life applying applications of electronics to filmic artistry. A picture of an early Strickfaden laboratory in his backyard workshop dating from 1915 can be found in the book on Kenneth Strickfaden written by Harry Goldman in 2005 entitled: Kenneth Strickfaden: Dr. Frankenstein's Electrician. He was recognized for his expertise while a student in Santa Monica High School. A review in the Santa Monica Bay Outlook of June 9, 1916, praises his contribution to a drama production: Kenneth Strickfaden of the high school student body has charge of the electrical features of the performance which are quite effective. In a story on June 13, 1918, the newspaper calls attention to Strickfaden's military service in the war, and highlights his electrical skills: The boy is a master electrician and well known here as "Edison No. 2," receiving his name on account of his many clever electrical inventions, which made for him the wizard's name. The story further describes him as a sensation at the Panama Pacific Exposition, a major international fair in 1915. He continued to participate in Santa Monica activities well into his career. A story in the March 22, 1935, Outlook records him scheduled to present a demonstration of electrical equipment "used in sound pictures" at a Boy Scout honors event. A long career in his field of specialty continued, highlighted by his heralded electronic special effects in films such as Frankenstein and The Wizard of Oz. He was honored in 1981 by the Academy of Motion Pictures Arts and Sciences at a special event dedicated to the then 85-year old's contributions to film electronic artistry. During Strickfaden's attendance at Santa Monica High School from 1914-16, he was an active photographer, and he continued working in this genre after graduation. The Santa Monica Public Library owns 57 of these and other photographs associated with him in their Strickfaden Collection, as well as offering images of pages from the Santa Monica Evening Outlook with references to his activities into the 1930's. He is also in the archives of the Santa Monica History Museum and the Homestead Museum in the City of Industry. Waldo K. Cowan (Willie) built 5 houses on the east side of 11th Street between what is now Wilshire and Arizona: 1233, 1239, 1247, 1253 and 1259 11th Street (the latter now 1107 Arizona Avenue) and one on Arizona, 1109. He also lived in 1259 11th Street with his family from 1906 to 1914. Records show Cowan is known for complete careers in several fields: real estate building and improvements; automobile introduction, use, and industrial development; pear agriculture and improvement; and civic and community leadership and service. His name appears in numerous newspaper articles from the Santa Monica Evening Outlook and Los Angeles Times for his participation in each of these from the 1890's to the 1920's. He is identified for his early support of the automobile as a new phenomenon and a developing industry, plus its applications for fun and entertainment. He owned one of the first autos in Santa Monica and was an avid auto racer, favoring Ramblers, the second most popular brand after Ford. He is associated with early models of autos serving as firefighting equipment, making the first delivery of such a vehicle to the Long Beach Fire Department. And his name appears as an officer or leader in auto sales and service. Active in Santa Monica public affairs, he was a member of the 1899 Cycle Path Committee. He helped develop the first bicycle path in the City. A photo of the early days of this path is in the Santa Monica Public Library Strickfaden Collection. He headed the Santa Monica Board of Trade and was an organizer and participant in several auto races when the City was known as an attraction for these events. Cowan and his wife also owned a pear ranch in Lancaster, CA and was mentioned in newspapers for its development of model fruit.

The 11th Street Bungalow Historic District is a significant or representative example of the work or product of a notable builder, designer or architect. Within the Historic District are 2 Craftsman-style bungalows that were constructed by local contractor Joseph J. Rowe; 1223 11th Street (1910) and 1229 11th Street (1908). Both of these bungalows reflect typical elements of the Craftsman idiom. Rowe is a notable builder who was a very active contractor having constructed many cottages and bungalows in the City during the 1900s and 1910s. Two other properties in the City constructed by Rowe have been previously identified through survey: 426 Palisades Avenue (1914), an American Foursquare, and 929 Lincoln Boulevard (1916), a Craftsman bungalow designated as a City Landmark (2008) that features the unusual use of clinker brick in its front porch walls and piers. The district, consisting of the properties located at 1223 11th Street and 1229 11th Street, is representative of the work of Joseph J. Rowe, a notable builder in Santa Monica.

The 11th Street Bungalow District 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. The Historic District is one of the last remaining examples of a contiguous grouping of low-scale, working-class housing that spans the entire first half of the twentieth century. It represents the easternmost boundary of the earliest phase of development of the Santa Monica tract in the twentieth century. The east side of the 1200 block of the 11th Street and the adjacent three parcels on the north side of Arizona comprise single-unit residences, multi-unit apartments and a residential condominium. Buildings in the area are predominantly one and 2 stories with the tallest, a later 1992 three story multi-family condominium. The corner structure's change in address from 1259 11th Street to 1107 Arizona serves as a historic transition turning the corner within the period of significance. The district contains early single-unit residences set at the front of the parcels, several with additional residences in the rear with post WWII-era apartments infilling the adjacent lots. Architectural styles present along this portion include California Craftsman bungalow, hipped roof cottage, Spanish Colonial Revival, minimal traditional and contemporary vernacular. Although the period of significance is 1905 to 1925, the adjoining apartments extend the vernacular, working-class nature of the neighborhood into the 1950's and maintain its rare low scale. They do not diminish the integrity of the district associated with its period of significance from 1905 to 1925. The district, taken as a whole, is a microcosm of Santa Monica development. As such, the Historic District "reflects significant geographic patterns, including those associated with settlement and growth."

The 4th Street Corner Historic District exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City. The District is a diverse grouping of buildings spanning the first third of the twentieth century and manifests the patterns of residential development that shaped the Ocean Park neighborhood of Santa Monica in the early decades of the twentieth century. Constructed in 2 of the earliest subdivisions in Ocean Park, the District exemplifies early twentieth century residential development in the area, with its variety of architectural styles and modest scale. All of the properties within the District retain substantial elements of historic integrity. The District also exemplifies the economic history of the City, when new transportation infrastructure in Ocean Park created the framework for residential development. In 1875, when the Town of Santa Monica was established, Ocean Park was the Lucas Ranch. Early settlement of Ocean Park was concentrated at the western end close to the beach. The Lucas family homestead was a grand mansion on what is now Hotchkiss Park at 4th and Strand Street. This block of Fourth Street extended all the way to Hill Street, as Central Avenue (which was later renamed Ocean Park Boulevard) terminated east of 4th Street. Until a major roadway improvement was launched by the City in 1917, 4th Street was a very long block with sparse development. Then Central Avenue/Ocean Park Boulevard was opened up through 4th Street and extended to the beach. The new thoroughfare reaching from Los Angeles through the heart of Ocean Park to the ocean was a catalyst. Residential development in the 4th Street Corner District began immediately, with most of the homes dating from 1917-1925. The Period of Significance for the 4th Street Corner District is 1904-1936. The 1904 house at 2506 4th Street was the first in this then-sparsely settled neighborhood, followed by a cluster of residential structures built from 1917 to 1925. The last house in the District dates from 1936 and represents a new step forward in residential development as a multi-family residence in the Spanish Colonial Revival style. It replaced a small 1905 single-family residence that was adjacent to the original 1904 structure on the block. This group of early residential properties has remained intact to the present day, despite major infrastructure changes that occurred beginning in the late 1960s, with Redevelopment Agency projects intended to remove what was considered blight. 4th Street and Ocean Park Boulevard were widened, and the intersection of 4th Street and Ocean Park Boulevard was reconfigured to create an underpass for a larger Ocean Park Boulevard. Despite these major alterations of the urban streetscape, this cluster of historic properties remained intact and unaltered, manifesting the original residential character of early Ocean Park.

The 4th Street Corner Historic District 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. The architectural features of the residences within the District are valuable to a study of the early period of residential architectural history in Ocean Park. A variety of architectural styles are represented that portray the architectural evolution of the period, and different residential property types. Moreover, the District maintains a high level of original architectural integrity. Generally, the character-defining features of the District include modestly sized, one- and two-story residential buildings in a variety of architectural styles popular in the early twentieth century. The earliest residence in the District is a late Victorian/Neoclassical hipped roof cottage at 2506 Fourth Street, constructed in 1904. This architectural style was prevalent in the first decade of the 20th century, but has become increasingly rare. Its character-defining features consist of wood cladding of both shingles and clapboard, a steeply-pitched hipped roof with flared bracketed eaves, wood sash double-hung windows with plain surrounds and projecting sills, recessed partial-width porch with Corinthian columns; central dormer with leaded-glass window and decorative scrollwork. The original wraparound porch was partially enclosed between 1909 and 1918. The next architectural phase reveals the emergence of diverse architectural styles: Craftsman, American Colonial Revival and Mediterranean Revival. This development is manifested in 2 clusters, Craftsman and American Colonial Revival in the bungalow court adjacent to the original 1904 Victorian/Neoclassical cottage on the west side of 4th Street, and Craftsman and Mediterranean Revival adjacent to the corner of 4th Street and Ocean Park Boulevard. There are three modest Craftsman bungalows at 317, 319 and 321 Ocean Park Boulevard (c.1920), and a pair of Craftsman bungalows at 2514 and 2516 4th Street (1921). Character-defining architectural features of the Craftsman bungalows include: simple rectangular massing; wood cladding of clapboard or shingles; low-pitched front-facing gable roof with extended eaves and exposed rafter tails; front porch with gable supported by wood posts; wood sash casement or double-hung windows with plain surrounds and projecting sills. The four-unit, two-story structure at 2510 4th Street is a unique hybrid reflecting American Colonial Revival, Monterey Revival and Tudor Revival in a one-of-a-kind eclectic design. Constructed in 1925, it is valuable for a study of architectural trends in the 1920s. The bungalow court also includes 2 American Colonial Revival bungalows constructed in 1925 located at 2508 and 2512 4th Street. Character-defining features are wood clapboard exterior cladding, divided-light wood sash casement windows with plain surrounds and projecting sills; side gable roof with tight eaves; asymmetrical composition. Three Mediterranean Revival-style residences located at 2524, 2525 and 2528 4th Street form a distinct subgroup that is worthy of further study. Based upon the stucco cladding and terra cotta roof tiles, these residences relate to Mission Revival precedents combined with Craftsman windows and doors. Character-defining architectural features are: horizontal orientation, smooth plaster exterior wall cladding, flat roof with stepped parapet, wood sash windows of Craftsman design (tripartite or crossed muntins), shed roofs with terra cotta barrel tiles supported by wood brackets. Leaded glass windows and ornate window design are also found. The Spanish Colonial Revival triplex located at 2518 4th Street, constructed in 1936, is a designated Structure of Merit. This architectural style was the successor to the earlier adjacent Mediterranean Revival residences Character-defining features include: asymmetrical composition, complex massing; smooth stucco exterior wall cladding; low pitched roofs with terra cotta barrel tiles; wood sash double-hung windows with plain surrounds and projecting sills; curving exterior staircase. In the rear of this triplex is an accessory two-story structure with ground floor garages and residential units above. It is stucco clad with a low-pitched side gable roof and clay barrel tiles.

The 4th Street Corner Historic District has a unique location, singular physical characteristic, or is an established visual feature of a neighborhood, community, or the City. The 4th Street Corner District is an established and familiar visual feature of the Ocean Park neighborhood. This highly intact group of historic residences has a unique location at the summit of a hill, giving the District a strong visual and physical presence. The visibility of this intersection was enhanced when reconfigured in the 1960s to create a vehicular bridge and underpass for Ocean Park Boulevard. Despite these roadway reconfigurations, the District has maintained its integrity as a cohesive group of historic residences. As a group of residential properties uninterrupted by noncontributing properties located at the crest of a hill, the highly visible integrity and cohesion of the District is a singular physical characteristic.

The 4th Street Corner District is a noncontiguous 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. The District is a highly unified and cohesive grouping of residential structures located in the Ocean Park neighborhood, at the north side of the intersection Ocean Park Boulevard and Fourth Street. As a group of residential properties uninterrupted by noncontributing properties, the District is unified by physical development and architectural quality. The buildings represent modest examples of a variety of architectural styles popular in the early 20th century and reflect the development of Ocean Park during such time. The period of significance begins in 1904 with the first residence in the District at 2506 4th Street and ends with the 1936 Spanish Colonial Revival triplex at 2518 4th Street. Most structures in the District are Craftsman bungalows and Mediterranean Revival architecture and were constructed between 1917 and 1925 following the westward extension of Central Avenue (now Ocean Park Boulevard) toward the beach. Most are one story and of modest scale, oriented towards the 2 streets that frame the District; a second group is oriented around an open grass courtyard in a bungalow court configuration. Architectural variety is manifest in the different architectural styles, which portray a chronological sequence from late Victorian to mature Spanish Colonial Revival. The residences retain a high level of original architectural integrity, and, therefore, the District retains a sense of time and place.

The 4th Street Corner Historic District 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. The 4th Street Corner District provides a visible representation of early twentieth century residential development in Ocean Park, a period of growth in the neighborhood. The catalyst for early residential development was new transportation infrastructure, the extension of Central Avenue (later Ocean Park Boulevard) across 4th Street to the west in 1917. The new roadway, Ocean Park Boulevard from 4th Street to the west, provided access to the parcels which became the 4th Street Corner District. Thus the area is united by a transportation mode and physical development. The period of significance, 1904-1936 portrays different eras of settlement and growth, from a late Victorian hipped roof cottage to a highly articulated example of Spanish Colonial Revival in 1936. The District contains an unusual example of a bungalow court, with homes of different architectural styles sited around an open grass courtyard. Subsequent reconfiguration of the street infrastructure of Fourth Street and Ocean Park Boulevard, due to Redevelopment Agency activity in the late 1960s, did not result in compromise or loss of the integrity of the District. The streetscape reflects those changes, but the homes remained intact and cohesive.

A certificate of exemption shall be required for the following work to contributing and noncontributing buildings within the District if a building permit is required:

A certificate of exemption shall be required for the following work to noncontributing buildings within the District if a building permit is required:

A certificate of administrative approval shall be required for the following work to contributing and noncontributing buildings within the District:

A certificate of administrative approval shall be required for the following work to contributing buildings within the District:

Surfacing and resurfacing of exterior walls if it changes appearance.

Removal, demolition, addition or alteration to the front of structures.

Removal, demolition, addition or alteration to the side or rear of structures.

Construction of new buildings within the Third Street Historic District boundaries.

Relocation of buildings within, out of, or into the Third Street Neighborhood Historic District.

Removal, demolition, addition or alteration to building roof lines.

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 noncontributing structure shall be governed by the provisions of Section 9.58.050.

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.

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.

That in the case of any proposed work to a noncontributing building or structure within the District reasonable effort has been made to produce compatibility with the District character as set forth in Section 9.36.290, and with the scale, materials and massing of the contributing structures within the District.

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 9.36.290, and with the scale, materials and massing of the contributing structures within the District.

That the applicant has obtained a certificate of economic hardship in accordance with Section 9.56.160.

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 thirty 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 Divisions 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 9.58.040(A)(3) shall be required.

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.

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.

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 thirty 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 website. 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 9.58.090 of this Chapter.

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 9.56.170(A) through 9.56.170(J), except that the applicant shall also be required to post notice of the pending application as provided in Section 9.58.040(B)(3), that notice of the public hearing shall be conducted as provided in Section 9.58.040(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.

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.

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.

Notification. Within ten 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 three hundred feet of the exterior boundaries of the property involved. The notice shall also be posted on the City's website. The public hearing for said notice shall occur not less than ten days and no more than thirty-five 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.

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 9.56.170(E) through 9.56.170(G).

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.

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 fourteen 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 website.

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 9.56.180.

The Landmarks Commission's issuance of a certificate of appropriateness based upon all of the following findings:

The Landmarks Commission's issuance of a certificate of economic hardship in accordance with Section 9.56.160.

Sexually-oriented businesses shall be considered a permitted use only in designated commercial districts. Sexually-oriented businesses shall be prohibited in all other zoning districts in the City.

Within the designated commercial districts, no person shall cause or permit the establishment of any sexually-oriented business within 500 feet of any, religious institution, school, public park, public library, public playground, or residential district, or within one thousand feet of another sexually-oriented business.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to September 27, 2005.

The applicant will be unable to recoup said investment as of November 24, 2006.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location to meet the requirements of this Chapter.

The applicant, its employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the Finance Department.

The application does not contain the information required by this Chapter or Article 6 of this Code.

All required fees have not been paid.

The operation of the sexually-oriented business is or would be in violation of one or more provisions of this Chapter.

The premises where the sexually-oriented business is or would be located does not comply with all applicable laws, including, but not limited to the City's building, health, zoning and fire ordinances.

A business license for the operation of the sexually-oriented business has been issued to the applicant, a partner of the applicant or a stockholder of the applicant which stockholder owns more than 10% of the applicant's corporate stock, which business license has been suspended and the period of suspension has not yet ended.