Santa Monica, CA Zoning Ordinance

Santa Monica City Zoning Code

Division 6

Land Use and Zoning Related Provisions

§ 9.53.010 Purpose.

The purpose and objective of this Chapter is to implement the goals and policies of the City's General Plan by proactively managing congestion, reducing automobile dependence, and enhancing transportation choices by requiring trip reduction plans for all types of trips—work, shopping, leisure, school, and appointments—that will:

Ensure City compliance with the applicable requirements of the South Coast Air Quality Management District (SCAQMD) Rule 2202 and implement air quality control measures required of local governments by the District's 1991 Air Quality Management Plan and subsequent updates and the Los Angeles County Metropolitan Transportation Authority's (LACMTA) Congestion Management Program (CMP);

Accommodate land use changes allowed under the General Plan's Land Use and Circulation Element ("LUCE") while reducing peak-hour automobile trips from new and existing destinations to achieve the LUCE's goal of no net increase in PM peak hour vehicle trips by 2030;

Improve the mobility and general efficiency of circulation and transportation systems by increasing reliance on non-single-occupant vehicle (SOV) travel such as public transit, ridesharing, active transportation, carsharing, and focusing development in areas close to transit and employment;

Reduce traffic impacts within the community and region, vehicular air pollutant emissions, energy usage, and ambient noise levels through a reduction in the number of per capita vehicle miles traveled (VMT) and management of traffic congestion;

Minimize the percentage of employees traveling in SOVs to and from work, especially during peak-hour periods;

Promote and increase work-related transit use, ridesharing, walking, and bicycling to minimize parking needs, manage congestion, and protect the quality of life in Santa Monica's neighborhoods and districts;

Improve the quality and level of access for residents, Employees, customers, and visitors by improving transportation choices and managing congestion;

Decrease the City's need for additional parking facility construction;

Coordinate transportation system management, transportation demand management (TDM), and transportation facility development strategies Citywide; and

Coordinate transportation system management, transportation demand management, and transportation facility development strategies with other cities and counties in the region and through regional agencies.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2646CCS § 4, adopted September 8, 2020; Ord. No. 2782CCS, adopted June 25, 2024; Ord. No. 2852CCS, adopted April 14, 2026)

§ 9.53.020 Definitions.

The following words and phrases shall have the following meanings when used in this Chapter. Words and phrases not specifically defined below shall be aligned with the meanings identified in SCAQMD's Rule 2202.

Audit.

A selective inspection by the City of an employer or developer's activities related to the fulfillment of ongoing implementation and monitoring of an approved Emission Reduction Plan or Developer TDM Plan.

Average Vehicle Ridership (AVR).

The total number of employees who report to or leave work during the peak windows divided by the number of vehicles driven by these employees over that 5-day survey period. The AVR calculation requires that the 5-day period must represent the 5 days during which the majority of employees are scheduled to arrive at the worksite. The hours and days chosen must be consecutive. The 5-day survey period cannot contain a holiday and shall represent typical operations so that a projection of the average vehicle ridership during the year is obtained.

An example of morning AVR using the survey week for an employer with 300 employees all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. is:

	EMPLOYEES REPORTING TO/DEPARTING WORK	NUMBER OF VEHICLES DRIVEN TO THE WORKSITE BY THESE EMPLOYEES
MONDAY	300	200
TUESDAY	300	190
WEDNESDAY	300	210
THURSDAY	300	200
FRIDAY	300	200
TOTAL	1,500	1,000

In this example, AVR is arrived at by dividing the number of employees reporting to work between 6:00 a.m. and 10:00 a.m. during the survey week (1,500) by the number of vehicles driven to the worksite between the same hours during the week (1,000):

1,500/1,000 = 1.5 AVR

A similar calculation is required for obtaining the afternoon peak window AVR for commute trips to and from the worksite between 3:00 p.m. and 7:00 p.m.

AVR Target.

The AVR established by this Chapter that an Employer Emission Reduction Plan (ERP) or Developer Transportation Demand Management (TDM) Plan is expected to achieve for a particular worksite or project.

AVR Verification Method.

A method approved by the City for determining an employer's current AVR, or approved by the City or SCAQMD for employers of 250 employees or more.

AVR Window.

The period of time comprised of both hours and days used to calculate AVR (i.e., 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.).

Business Type/Classification.

The activity type that classifies the primary nature of work conducted by the employer located at the worksite.

Carpool.

A motor vehicle occupied by 2 to 6 persons traveling together to and from the Worksite for the majority (at least 51%) of the total commute. For-hire vehicles must include 2 or more passengers (in addition to any driver) to be classified as a carpool.

Commute Trip.

The means of transportation used for the greatest distance of an Employee's commute to or from work during the Peak Window. Each commute trip to the worksite shall be calculated as follows:

Single-occupant vehicle = 1

Carpool = 1 divided by the number of people in the carpool

Vanpool = 1 divided by the number of people in the van

Motorcycle, moped, motorized scooter, motorbike = 1 divided by the number of people on the vehicle

Zero Emission Vehicle = 0*

(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140)

Public transit = 0

Bicycle = 0

Walking and other nonmotorized transportation modes = 0

Non-commuting = 0

Compressed Work Week.

This applies to employee(s) who, as an alternative to completing the basic work requirements in five 8-hour workdays in one week, are scheduled in a manner which reduces vehicle trips to the worksite. The recognized compressed work week schedules for purposes of this Chapter are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days (9/80).

Consultant Employee Transportation Coordinator (ETC).

A person that meets the requirements of and that serves as an ETC at a worksite for an employer other than the consultant ETC's employer.

Developer.

Any person or entity that is responsible for development of a project that will result in the new construction of 7,500 square feet of nonresidential floor area or more, 16 residential units or more, or mixed-use projects of 16 residential units or more with any associated nonresidential components. The person or entity responsible for development of a project shall be the developer and property owner. Upon transfer of title from a property owner to a developer, the term "developer" shall mean the property owner.

Developer TDM Plan.

A trip reduction plan intended to result in a developer achieving the applicable AVR targets specified in this Chapter.

Director of Transportation.

The Director of Transportation of the City of Santa Monica or designee.

Disabled Employee.

An individual with a physical impairment which prevents the individual from traveling to and from the Worksite by means other than a single-occupant vehicle.

Emission Reduction Plan (ERP).

A plan intended to reduce emissions related to Employee commutes and to meet a worksite specific emission reduction target for the subsequent year.

Emission Reduction Target (ERT).

The annual VOC, NOx and CO emissions required to be reduced based on the number of Employees per Worksite and the Employee Emission Reduction Factors as specified in SCAQMD Rule 2202 On-Road Motor Vehicle Mitigation Options Implementation Guidelines.

Employee.

Any person employed full or part-time by a person(s), firm, business, educational institution, nonprofit agency or corporation, government agency or other entity. This term excludes the following: temporary Employees, Field Construction Workers, Independent Contractors, Volunteers, Seasonal Employees and Field Personnel.

Employee Transportation Coordinator (ETC).

The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Emission Reduction Plan. The ETC must be active during normal business hours when the majority of Employees are at the Worksite, either in person or teleworking. Employers of 250 Employees or more must attend an SCAQMD ETC certification course. Employee Transportation Coordinators shall participate in City-sponsored workshops and roundtables.

Employee Trip Reduction Plan (ETRP).

A plan for implementation of strategies that are designed to reduce Employee vehicle commute trips during the AVR Window.

Employer.

Any person(s), firm, business, educational institution, nonprofit agency, or corporation, government agency, or other entity that employes 30 or more Employees and has a permanent place of business in the City of Santa Monica.

Field Construction Worker.

An Employee who reports directly to work at a construction site outside the City of Santa Monica for the entire day, an average of at least 6 months out of the year.

Field Personnel.

An Employee who spends 20% or less of their work time, per week, at the Worksite and who does not report to the Worksite during Peak Windows for pick up and dispatch of an Employer provided vehicle.

Holiday.

Those days designated as national or State holidays, in which the Worksite is closed in observance of the holiday. An AVR survey shall not be undertaken in any week where the following holidays occur:

New Year's Day	January 1
Martin Luther King Jr. Birthday	January (Third Monday)
Presidents' Day	February (Third Monday)
Cesar Chavez Day	March 31
Bike to Work Day	May (Third Thursday or Friday)
Memorial Day	May (Last Monday)
Juneteenth	June 19
Independence Day	July 4
Labor Day	September (First Monday)
Indigenous Peoples' Day	October (Second Monday)
California Rideshare Week	October (First Week)
Veteran's Day	November 11
Thanksgiving Day	November (Fourth Thursday plus the Friday after)
Christmas Eve	December 24
Christmas Day	December 25

The days these holidays are observed may vary from year to year; therefore, it shall be the responsibility of the Employer to obtain these specific holiday dates to ensure exclusion of these weeks from their AVR survey week. Additionally, the Employer may not survey on any week in which a religious or other holiday not listed above is observed by the Employer, resulting in closing the place of employment for one day or more in observance of said holiday.

Independent Contractor.

A person who enters into a direct written contract or agreement with an Employer to perform certain services and is not on the Employer's payroll. An Independent Contractor providing services to an Employer for a consecutive period of more than 6 months shall count as an Employee of the Employer and shall be counted in the AVR. The Independent Contractor shall also be considered an Employee when figuring the Employer annual transportation fee.

Low-Income Employee.

An individual whose salary is equal to or less than the current individual income level set in California Code of Regulations, Title 25, Section 6932, as lower income for Los Angeles County. Higher income employees may be considered to be "low-income" if the employee demonstrates that the plan disincentive would create a substantial economic burden.

Mobile Source Mission Reduction Credits (MSERCs).

Emission credits issued pursuant to Regulation XVI

Mobile Source Offset Programs.

AA.

Motor Vehicle.

A self-propelled vehicle, consistent with California Vehicle Code Section 415.

BB.

Monitoring.

The techniques used to assess progress towards complying with the Transportation Management Plan.

CC.

Multi-Site Employer.

Any Employer which has more than one Worksite within the City of Santa Monica, or more than one Worksite in the South Coast Air Basin with one or more of those sites located in the City of Santa Monica.

DD.

Non-Commuting AVR Credit.

This credit applies to Employees who are at the Worksite during the window for calculating AVR and remain at the Worksite or out of the SCAQMD jurisdiction for a full 24-hour period or more to complete work assignments.

EE.

Nitrogen Oxides (NOx).

Nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide.

FF.

On-Site Coordinator.

An Employee who serves as on-site coordinator at a Worksite served by a consultant ETC or for an Employer with more than one Worksite located in the City of Santa Monica and has knowledge of the Employer's ERP and marketing. On-site coordinators for Employers with more than 250 Employees must attend a one-time SCAQMD certified training course. The on-site coordinator is limited to program implementation rather than program development.

GG.

Parking Cash Out.

Health and Safety Section 43845 that requires Employers with 50 or more Employees who lease their parking and subsidize all or part of that parking to implement a Parking Cash Out program. Employers who fall under the purview of Parking Cash Out must offer their Employees the option to give up their parking spaces and receive a cash subsidy in an amount equal to the cost of the parking space. Employers who are subject to Parking Cash Out requirements must implement a Parking Cash Out Plan. Employers who do not implement a Parking Cash Out Plan will have their emission reduction plans disapproved.

HH.

Part-Time Employee.

Any Employee who reports to a Worksite on a part-time basis fewer than 32 hours per week but more than 4 hours per week. These Employees shall be included in the AVR calculations of the Employer provided the Employees report to or leave the Worksite during the AVR window.

II.

Peak Window.

In the morning, the Peak Window includes the hours from 6:00 a.m. to 10:00 a.m. In the evening, the Peak Window includes the hours from 3:00 p.m. to 7:00 p.m.

JJ.

Peak Window Trip.

An Employee's commute trip that begins or ends at the Worksite or a work-related trip within the Peak Window.

KK.

Project Commute Survey.

A survey of all tenant Employees of a project site to determine property-wide AVR as part of the annual monitoring report on a Developer TDM Plan.

LL.

Project Transportation Coordinator (PTC).

The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Developer TDM Plan. The PTC must be at the project site during normal business hours when the majority of Employees are at the project unless alternative arrangements have been made pursuant to Section 9.53.150. PTCs shall participate in City-sponsored workshops and roundtables.

MM.

Property Owner.

Any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

NN.

Remote Employee.

Any Employee who is employed by an Employer at a regulated Worksite, however, primarily lives and works at locations outside of the South Coast AQMD, and physically commutes to the Worksite fewer than 5 days per either the ERP or Developer TDM plan year.

OO.

Residential TDM.

Means any strategies that are designed to reduce single occupancy vehicle trips to and from residential properties.

PP.

Rideshare

Mode of transportation other than a single occupancy vehicle that reduces emissions associated with travel.

QQ.

Seasonal Employee.

Any person who is employed for less than a continuous 90-day period.

RR.

Single Occupancy Vehicle.

A privately operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.

SS.

South Coast Air Quality Management District (SCAQMD).

The air quality control agency that monitors and enforces air quality regulations in Orange County and non-desert portions of Los Angeles, Riverside and San Bernardino Counties.

TT.

Student Worker.

A student who is enrolled and gainfully employed (on the payroll) by an educational institution. Student workers who work more than 4 hours per week are counted for ordinance applicability and if they report to or leave work during the AVR Window(s) are counted for AVR calculation. Student workers are Employees within the meaning of this Chapter.

UU.

Telecommuting.

Occurs when an Employee works from home, off site, a satellite office, or a telecommuting center which eliminates a commute trip to the Worksite or reduces the commute travel distance by more than 50%.

VV.

Temporary Employee.

Any person employed by an employment service or a "leased" Employee that reports to a Worksite other than the employment service's Worksite, under a contractual arrangement with a temporary Employer. Temporary Employees are counted as Employees of the employment service for purposes of calculating AVR. Temporary Employees reporting to the Worksite of a temporary Employer for a consecutive period of more than 6 months shall count as an Employee of the temporary Employer and shall be counted in the AVR. The temporary Employee shall also be considered an Employee when figuring the Employer annual transportation fee.

WW.

Transit.

A shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not shared by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit, or mass transit.

XX.

Transportation Allowance.

A financial incentive offered to Employees or residents instead of a parking subsidy to provide Employees flexibility in mode choice. Employees and residents are typically required to execute an agreement that they do not commute in a single-occupant vehicle, or for residents, own a vehicle, in order to be eligible to receive the benefit.

YY.

Transportation Demand Management (TDM).

The implementation of strategies that will encourage individuals to either change their mode of travel to other than a single occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other than Peak Windows.

ZZ.

Transportation Facility Development (TFD).

Construction of capital improvements to a transportation or transit system and/or installation of related operating equipment.

AAA.

Transportation Management Organization (TMO).

Transportation Management Organizations (TMOs) are City-certified organizations that provide transportation services in a particular area or Citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services.

BBB.

Transportation System Management (TSM).

Strategies designed to improve traffic flow through modifications in, or coordination of, the operation of existing facilities.

CCC.

Trip Reduction.

The reduction in single occupant vehicle trips by private or public sector programs used during Peak Windows of commuting.

DDD.

Vehicle Miles Traveled (VMT).

The number of miles traveled one-way by a motor vehicle for a Worksite commute trip.

EEE.

Volatile Organic Compound (VOC).

Means any volatile compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined by SCAQMD Rule 102.

FFF.

Volunteer.

Any person at a Worksite who, of their own free will, provides goods or services, without any financial gain.

GGG.

Workplace or Worksite.

A building, part of a building, or grouping of buildings located within the City which are in actual physical contact or separated solely by a private or public roadway and are owned or operated by the same Employer.

HHH.

Zero Emission Vehicle (ZEV).

A motor vehicle, as certified by the California Air Resources Board (CARB), which emits no tailpipe pollutants. Employees arriving to work in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero-emission vehicle provided that the entire trip to work is made exclusively under electric power. This applies to plug-in vehicles with all electric range that can travel exclusively under electric power without use of the gasoline engine or cogeneration system.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 47, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020; Ord. No. 2782CCS, adopted June 25, 2024; Ord. No. 2852CCS, adopted April 14, 2026)

§ 9.53.030 Applicability.

This Chapter shall apply to Employers and Developers as defined above. The City shall not be exempt from the requirements of this Chapter. In accordance with the Memorandum of Understanding between the City and the SCAQMD, County, State and Federal agencies located in Santa Monica shall comply with South Coast AQMD's Rule 2202 and will be exempt from this Chapter.

§ 9.53.040 AVR Targets.

Employers shall strive to achieve, and Developers shall achieve the applicable AVR Targets in this Chapter. This Section shall not apply to residential units but shall apply to nonresidential components of mixed-use projects. For nonresidential uses in residential designations not represented in this Chapter, all Employers shall achieve the lowest AVR Targets established by this Chapter unless located in a land use designation with a higher AVR Target.

LAND USE DESIGNATION	EMPLOYER AND DEVELOPER AVR TARGET
Bergamot Transit Village; Mixed Use Creative; Conservation: Art Center; Conservation: Creative Sector	2.0
Downtown Core	2.2
General Commercial: Pico Boulevard from Lincoln Boulevard to 11th Street, Lincoln Boulevard from Santa Monica Freeway to Bay Street	1.75
General Commercial: Santa Monica Boulevard from Lincoln Court to 20th Street	2.0
Healthcare Mixed Use	2.0
Industrial Conservation: Euclid Court to Stewart Street	2.0
Institutional/Public Lands: bounded by Santa Monica Freeway, Lincoln Boulevard, Pico Boulevard and Ocean Avenue	2.2
Mixed Use Boulevard: 4th Street from Olympic Drive to Pico Boulevard and area bounded by Cloverfield Boulevard, Olympic Boulevard, 20th Street and Colorado Avenue	2.0
Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th Street, and Lincoln Boulevard from Wilshire Boulevard to Olympic Boulevard	2.2
Mixed Use Boulevard: northside of Wilshire Boulevard from Lincoln Boulevard to eastern City Limits, and southside of Wilshire Boulevard from Lincoln Court to eastern City Limits	1.75
Mixed Use Boulevard Low: Pico Boulevard from Main Court to Centinela Avenue, Lincoln Boulevard from Santa Monica Freeway to Bay Street, Main Street from Pico Boulevard to southern City Limits	1.75
Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd Street to Centinela Avenue, Broadway from Lincoln Court to 26th Street, Colorado Avenue from Lincoln Court to Cloverfield Boulevard, Olympic Boulevard from Euclid Court to 17th Street	2.0
Neighborhood Commercial: Olympic Boulevard from 14th Street to 16th Street	2.0
Neighborhood Commercial: Pico Boulevard from Main Court to Centinela Avenue	1.75
Office Campus: east of Cloverfield Boulevard, north of Olympic Boulevard	2.0
Office Campus: south of Ocean Park Boulevard	1.75
Ocean Front District, north of Santa Monica Pier	1.75
Ocean Front District, Santa Monica Pier and south	2.0
Institutional/Public Lands: other than specified above	1.6
All remaining districts	1.6

§ 9.53.050 Employer Transportation Fee.

Employer Annual Transportation Fee. There shall be an Employer annual transportation fee. All Employer annual transportation fees collected pursuant to this Chapter shall be deposited in an account separate from the General Fund. The purpose of the Employer annual transportation fee is to pay for the costs of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter.

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 6 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 annually submit an ERP, 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:

Attainment of the applicable AVR Target for one year shall result in a 40% reduction of Employer annual transportation fees.

Attainment of the applicable AVR Target for two consecutive years shall result in a 50% reduction of Employer annual transportation fees.

Attainment of the applicable AVR Target for a period of three or more consecutive years shall result in a 60% reduction of 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.

§ 9.53.060 Contents of Emission Reduction Plans.

Employers of 30 or more Employees are required to submit to the City, within 90 calendar days of written notification, an Emission Reduction Plan (ERP) designed to reduce emissions related to Employee commute trips and to meet specific emissions reduction targets specified for the subsequent year. For employers opting to implement their Emission Reduction Plan via the purchase of mobile source emissions credits (MSERCs), the annual Emission Reduction Target (ERT) shall be the equivalent of the highest AVR Target in the City and shall be determined according to the SCAQMD's equation for VOC, NOx, and CO, based on Employee emission reduction factors specified in Chapter V of the SCAQMD Rule 2202 Implementation Guidelines. Any Employer subject to Health and Safety Section 43845 shall implement a Parking Cash Out program. Failure to do so will result in the disapproval of an Employer's ERP.

[Emission Reduction Target] = [Employees x Employee Emission Reduction Factor]

For purposes of this calculation:

Employee = Average daily number of Employees reporting to work in the AVR window for a typical 5-day work period which does not include those days defined as holidays.

Employee emission reduction factor = Determined by the year of the plan submittal as defined in Chapter V of the SCQAMD Rule 2202 Implementation Guidelines.

Each Employer shall choose one or more of the following options in implementing their Emissions Reduction Plan:

Purchase of Mobile Source Emission Reduction Credits (MSERCs).

Implementation of an Employee Trip Reduction Plan.

Options for Implementing 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 9.53.060G. A list of credit vendors can be found on the SCAQMD's website.

An annual plan indicating the amount of credits purchased and the amount of emissions reduced must be submitted to the City each year.

MSERCs must be transferred to the City MSERC account no later than 180 calendar days after the approval of the ERP by the City.

Includes a Parking Cash Out Plan if required by Health and Safety Code Section 43845;

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.

The ETRP shall include strategies designed to decrease single-occupant vehicle use rideshare during the morning and evening AVR windows and shall be made available to all employees upon hire and every year thereafter along with the Employer's most recent ETRP annual report.

The ETRP shall consist of a report that:

Calculates and documents AVR levels for morning and evening Peak Windows;

ii.

Lists plan incentives and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Employee who rideshares a ride home in the event of an emergency or unplanned overtime with no cost to the Employee;

iii.

Determines a marketing strategy for the plan year, including mandatory new hire orientation which informs Employees of the Employer's ERP strategies at the time of hire, or new Employee orientation;

iv.

Determines the use of Worksite parking facilities to achieve ETRP objectives (i.e., number of reserved spaces for carpools, vanpool, etc.);

Lists the bicycle paths, routes, and facilities within 1/2 mile of the Worksite;

vi.

Lists the public transit services within 1/2 mile of the Worksite;

vii.

Provides a general description of the business type/classification;

viii.

Includes a sample of the Employee AVR survey, or other mechanism approved by the City. This survey must not be more than six months old. For Employers with 250 or more Employees, the survey must conform with SCAQMD requirements. The survey must be taken over 5 consecutive days during which the majority of Employees are scheduled to arrive at or leave the Worksite. The survey week cannot contain a holiday and cannot occur during "Rideshare Week" or other "event" weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, Bike it, Walk it Week, etc.). This survey must have a minimum response rate of 60% of employees who report to or leave work between 6:00 a.m. and 10:00 a.m., inclusive, and 60% response rate for Employees who report to or leave work between 3:00 p.m. and 7:00 p.m., inclusive. Employers that achieve a 90% or better survey response rate for the a.m. or p.m. window may count the "no survey responses" as "other" when calculating their AVR. Employers that receive a survey response rate between 60% and 89% shall calculate the "no survey response" as "drive alone" when calculating their AVR;

ix.

Provides the contact information including name, e-mail address and proof of certification of the Employee Transportation Coordinator who is responsible for implementation and monitoring of the plan;

Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for implementation and monitoring of the plan;

xi.

Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR Target;

xii.

Includes a Parking Cash Out Plan if required by Health and Safety Code Section 43845;

xiii.

Includes a management commitment cover letter signed by the highest-ranking official on site, or the executive responsible for allocating the resources necessary to implement the plan. This letter shall include a commitment to fully implement the program and state that all data is accurate to the best of the Employer's knowledge.

The ETRP shall be updated every 12 months with an annual report submitted on the anniversary date of the initial plan approval date. The annual ETRP shall include the following:

AVR calculations and documentation for the plan year;

ii.

Lists plan strategies, changes to plan strategies, and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Employee who rideshares a ride home in the event of an emergency or unplanned overtime with no cost to the Employee;

iii.

Determines a marketing strategy, indicating changes from the previous plan year, and includes mandatory new hire orientation which informs employees of the Employer's Emission Reduction Plan strategies at the time of hire, or new Employee orientation;

iv.

Determines the use of Worksite parking facilities to achieve rideshare and transit objectives (i.e., number of reserved spaces for carpools and vanpool, etc.);

Lists the bicycle paths, routes, and facilities within 1/2 mile of the Worksite;

vi.

Lists public transit services within 1/2 mile of the Worksite;

vii.

Provides a general description of the type of business;

viii.

Includes a sample of the Employee survey for the plan year as described in subsection B.2.b.viii.

ix.

Provides the contact information including name, e-mail address and proof of certification of the Employee Transportation Coordinator who is responsible for the preparation, implementation, and monitoring of the plan;

Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for the implementation and monitoring of the plan;

xi.

Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR Target;

xii.

Includes a Parking Cash Out Plan if required by Health and Safety Code Section 43485;

xiii.

Includes a management commitment letter as defined in subsection B.2.b.xiii and

xiv.

Includes updates and revisions to the ETRP as the Director of Transportation deems appropriate, if the annual report indicates that the goals of the previously approved ETRP have not been met.

The procedure for calculating AVR at a Worksite shall be as follows:

The AVR calculation shall be based on data obtained from an Employee survey as defined in subsection B.2.b.viii.

ii.

AVR shall be calculated by dividing the number of employees who report to or leave the Worksite by the number of vehicles arriving at or leaving the Worksite during the Peak Windows. If an Employee uses more than one commute mode per trip, the mode that is used for the majority of the trip shall be the mode that is used in calculating the number of vehicles. All employees who report to or leave the Worksite that are not accounted for by the Employee survey shall be calculated as one Employee per vehicle arriving at or leaving the Worksite during the Peak Windows. Employees walking, bicycling, telecommuting, using public transit, arriving at the Worksite in a zero-emission vehicle, or on their day off under a recognized compressed work week schedule shall be counted as arriving at or leaving the Worksite without vehicles. Motorcycles shall be counted as vehicles. AVR survey reporting errors resulting from missing or incorrect information must be calculated as one Employee per vehicle arriving at the Worksite. Reporting errors that do not include the time when an Employee arrives at or leaves the Worksite must be assumed to occur in the Peak Window.

iii.

A child or student may be calculated for the AVR as an additional passenger in the carpool/vanpool if the child or student travels in the car/van to a Worksite or school/childcare facility for the majority (at least 51%) of the total commute.

iv.

If 2 or more Employees from different Employers commute in the same vehicle, each Employer must account for a proportional share of the vehicle consistent with the number of Employees that Employer has in the vehicle.

Any Employee dropped off at a Worksite shall count as arriving in a carpool only if the driver of the carpool is continuing on to the driver's Worksite.

vi.

Any Employee telecommuting at home, off site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total distance by at least 51% shall be calculated as if the Employee arrived at the Worksite in no vehicle.

vii.

Zero emission vehicles (electric vehicles) shall be counted as zero vehicles arriving at the Worksite.

Employers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Records which verify strategies in the ETRP have been marketed and implemented shall be kept for a period of at least 3 years from plan approval date. Approved ERPs must be kept at the Worksite for a period of at least 5 years from plan approval date. For Employers who implement their plans using a centralized rideshare service center, records and documents may be kept at a centralized location. Failure to maintain records or falsification of records will be deemed a violation of this Chapter.

AVR Performance Requirement for Employers Submitting an ETRP. Employers who submit an ETRP to the City that does not meet the applicable AVR Target for the a.m. and p.m. Peak Window must implement a Good Faith Effort Plan in accordance with the following requirements:

Employers shall maintain all currently approved good faith plan strategies during the plan compliance year until a new ETRP is approved.

ii.

Deletion or substitution of any plan strategies is not allowed unless approved by the Director of Transportation in writing.

iii.

Unless otherwise stated, strategies must be implemented in such a way that they are reasonably likely to improve AVR. Employers must continue to demonstrate a good faith effort towards achieving the applicable AVR Target for the Peak Window. If a Worksite AVR decreases or does not improve from the previously submitted plan, the selection of strategies must be modified, and the number of strategies increased.

Good Faith Effort Determination Elements. Employers submitting an ETRP who do not attain their applicable AVR Targets in the a.m. and p.m. Peak Windows shall comply with the following requirements:

Employers must implement at least 5 of the following marketing strategies:

(1)

Attendance at a City-approved marketing class, at least annually.

(2)

Direct communication by the highest-ranking official at the site, at least annually.

(3)

Employer newsletter (hard copy or electronic) with rideshare content distributed at least quarterly.

(4)

Flyers, announcements, memos or e-mails sent to employees at least quarterly.

(5)

Company recognition of ridesharing at least annually.

(6)

Employer rideshare events, at least annually.

(7)

Rideshare bulletin board, kiosk, electronic exchange center, or information center, updated at least quarterly.

(8)

New hire orientation (mandatory).

(9)

Rideshare meetings or focus groups, at least semi-annually.

(10)

Rideshare website, updated at least quarterly.

(11)

Other marketing strategies that have been approved by the Director of Transportation and the SCAQMD as appropriate.

ii.

Employers must implement at least 5 of the following basic support strategies:

(1)

Commuter Choice Program.

(2)

Flex time schedule.

(3)

Guaranteed Ride Home Program (mandatory).

(4)

Personalized commute assistance.

(5)

Transit Information Center, updated at least quarterly.

(6)

Free introductory transit pass.

(7)

Preferential parking for carpools and vanpools.

(8)

Ride matching, at least annually.

(9)

Other basic support strategies that have been approved by the Director of Transportation and the SCAQMD as appropriate.

iii.

Employers must implement at least 5 of the following direct strategies:

(1)

Auto services (minimum dollar amount per Employee per year will be indicated in ETRP forms).

(2)

Bicycle program.

(3)

Vanpool program.

(4)

Compressed work week schedule.

(5)

Employee clean vehicle purchase program.

(6)

Off-peak rideshare program.

(7)

Telecommuting.

(8)

Discounted or free meals (minimum dollar amount per Employee per year will be indicated in ETRP forms).

(9)

Direct financial incentives.

(10)

Gift certificates (minimum dollar amount per Employee per year will be indicated in ETRP forms).

(11)

Parking charge or transportation allowance.

(12)

Parking Cash Out program.

(13)

Off-peak trip reduction program.

(14)

Points program.

(15)

Prize drawings, at least quarterly.

(16)

Start-up incentive.

(17)

Time off with pay.

(18)

Transit subsidy.

(19)

Other direct strategy programs that have been approved by the Director of Transportation and the SCAQMD.

MSERCs Minimum Requirements. Employers implementing Mobile Source Emission Reduction Credits as defined in this Chapter must meet the minimum plan requirements:

AVR Attainment. Employers who do not meet their Peak Window targets for the a.m. and/or p.m. window must purchase the appropriate amount of MSERCs to bridge the gap in the applicable AVR Target shortfall.

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

Information shall be updated annually and include, at a minimum:

A rideshare bulletin board, kiosk or a rideshare page on a company website, updated quarterly;

ii.

Rideshare options and information presented to employees as a part of new hire orientation;

iii.

A Customer Incentive Plan that provides clients and visitors with information about how to access the site using green commute modes such as transit, walking, and biking. This information shall be placed in the lobby, reception area, cash register area and on the Employer's website and shall include, but not be limited to: bus and transit routes within 1/2 mile of the site, bicycle parking and bicycle facilities within 1/2 mile of the site, optional incentives to encourage customers to use green commute modes (discounts, drawings, etc.).

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.

Extensions. In the event that an Employer reasonably needs more time to submit an Emission Reduction Plan, a written request for extension may be filed with the Director of Transportation. All requests must be received by the City no later than 15 business days prior to the plan due date. Such requests must be made in writing and shall state why such extension is requested, what progress has been made toward developing the ERP, and for what length of time the extension is sought. The Director of Transportation shall notify the Employer in writing whether or not the extension has been granted within 15 business days of receipt of a written request for extension.

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.

Plan Revisions. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the City. Any changes to an approved plan which is in effect must be submitted in writing to the Director of Transportation.

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.

Employee Transportation Coordinators. Employers of 30 or more Employees, shall designate a certified Employee Transportation Coordinator (ETC) or an ETC and an on-site coordinator for each Worksite included in the emission reduction 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 8 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.

Emission Reduction Factors. The Employee emission reduction factors (pounds per Employee per year) used in calculations pursuant to this chapter and SCAQMD Rule 2202 are specified in Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines and shall be used in calculations pursuant to this rule. The Employee emission factors shall be revised upon EPA's final approval for use of the California Air Resources Board (CARB) approved on-road mobile source emission factor (EMFAC) model.

§ 9.53.080 Procedures for Submission of Emission Reduction Plans.

Any Employer who establishes a new Worksite in the City of Santa Monica, or whose Employee population increases to more than 30, will be required to submit an ERP to the City of Santa Monica. Employers are required to provide notice to the Director of Transportation within 30 calendar days of establishing a new Worksite, or increasing Employee population. The notice shall be written, and include the Employer's name, the business and mailing address, the number of Employees reporting to the Worksite and the name of the highest-ranking official at the Worksite. Upon receipt of the notice, the City shall provide written notification to the Employer and 90 calendar days thereafter the Employer shall submit a plan and shall be subject to all provisions of this Chapter.

Any Employer who has submitted a plan pursuant to this Chapter and whose Employee population falls to fewer than 30 Employees for a 6-month period, calculated as a monthly average, may submit a written request to the Director of Transportation to be exempt from this Chapter. The Employer must submit documentation which demonstrates an Employee population of less than 30 Employees. Such demonstration could be made by payroll records or other appropriate documentation.

Employers with 30 or More Employees.

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.

(Reserved)

Multi-Site Employers of 250 or More Employees.

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.

All Employer ERPs shall be consistent with any plans previously submitted by the Developer of the property at which the Worksite is located; provided, however, that where requirements of this Chapter are more stringent, the requirements of this Chapter shall apply.

If an Employer's ERP due date falls on a day City Hall is normally closed (i.e., weekend, holiday, 9/80 Friday off), the Employer may submit the ERP on the first business day after the plan due date.

If an ERP is mailed to the City, the plan must be submitted on or before the plan due date. If the plan is submitted after the plan due date, the plan shall be considered late and the Employer shall be charged a penalty of 25% of the total Employer Annual Transportation Fees and forfeit any discount given for attainment of the applicable AVR Target in the a.m. and p.m. windows.

After an Employer submits a plan, the Director of Transportation must either approve or disapprove the plan within 90 calendar days.

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.

An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the Director of Transportation. The revision shall not be effective until approved by the Director of Transportation.

Employers who relocate to another worksite within the City of Santa Monica shall notify the City in writing of relocation within 30 calendar days. The City shall notify the Employers in writing to submit an updated version of the Employee profile and worksite analysis of the ERP.

No Employer of 250 or more Employee s shall be responsible for complying with this Chapter if the City and the SCAQMD have an agreement which provides an exception to those Employers from the requirements of filing a Rule 2202 plan with the SCAQMD. If at any time the City fails to meet its obligation under the executed agreement, Employers of 250 or more employees in the City shall be released from this Chapter and shall be subject to compliance with the SCAQMD Rule 2202 requirements.

§ 9.53.090 Employer Monitoring and Enforcement.

Audits.

City Audits. The City shall perform audits on a selective basis. Employers shall receive at least 5 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.

Violations of this Chapter.

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.

Enforcement Actions. In addition to any other remedy provided for by law, the City may take the following actions for violations of this Chapter or the terms and conditions of any approved ERP.

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 Article 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 6 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.

§ 9.53.100 Administrative Appeals.

Disapproval of an ERP by the Director's designee, including a revision of such a plan, may be appealed to the City.

An appeal of an action by the Director's designee shall be filed with the City within 10 calendar days following the date of the action from which an appeal is taken. If no appeal is timely filed, the action taken by the Director's designee shall be final.

A hearing on an appeal shall be scheduled within 60 calendar days of the date of filing an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than 10 calendar days prior to the hearing scheduled before the Director or Hearing Officer.

A written decision on an appeal shall be issued 30 calendar days from the date of the hearing.

An action by the Director's designee that is appealed to the Director or Hearing Officer shall not become effective unless and until approved by the Director or Hearing Officer.

A decision of the Director or Hearing Officer shall be final except for judicial review and there shall be no appeal to the Commission or City Council.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 48, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020; Ord. No. 2782CCS, adopted June 25, 2024; Ord. No. 2852CCS, adopted April 14, 2026)

§ 9.53.110 Developer TDM Fee.

Developer Annual TDM Fee. An annual Developer TDM fee shall be required for Developers of projects that will result in the new construction of:

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 square feet or more of nonresidential floor area with any number of residential units.

Developer TDM fees collected pursuant to this Chapter shall be deposited into an account separate from the General Fund. The purpose of the Developer TDM fee is to pay for the cost of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter. The fee shall be established by resolution of the City Council and amended from time to time and shall be payable prior to issuance of Certificate of Occupancy and annually thereafter.

§ 9.53.120 Procedures for Submission of Developer TDM Plan.

Preliminary TDM Plan Required. Developers shall be required to submit a Preliminary Developer TDM Plan meeting the requirements of Section 9.53.130A, with the exception of subsections A.3, A.4 and A.7, at the time of application for the project's planning entitlement for new construction applications.

Time Limits for Review. The Director of Transportation shall provide initial comments to the Developer on the Preliminary Developer TDM Plan within 30 calendar days of application submittal.

Approval Required. The Director of Transportation shall approve or disapprove the Preliminary Developer TDM Plan prior to project approval by the Planning Division, Planning Commission, or the City Council, based on the following findings:

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.

Notice. Notice of approval or disapproval shall be given in writing to the Developer. Any plan disapproved by the Director of Transportation must be revised by the Developer and resubmitted to the City within 30 calendar days of the notice of disapproval.

Physical Components. Prior to issuance of a building permit, physical components of the Plan must be shown on the construction drawings and be approved by the Director of Transportation.

Final TDM Plan Required. Prior to issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy, a Final Developer TDM Plan for new construction projects, in accordance with Section 9.53.130 shall be submitted for review and approval by the Director of Transportation. The Final Developer TDM Plan shall also be recorded against the property to ensure compliance with this Chapter.

§ 9.53.130 Content of the Final Developer TDM Plan.

Final Developer TDM Plan Format. The Final Developer TDM Plan shall result in the Developer achieving the applicable AVR Target in this Chapter and shall include:

Project description.

Site conditions that affect commute travel.

Statement of commitment from the property owner to:

Conduct annual surveys in conformance with this Chapter to determine commute trip behavior including collection of data on Employee means of travel, arrival time, and interest in information on ridesharing opportunities (this shall not be applicable to residential units);

Monitor Developer TDM Plan; and

Report annually in a manner required by this Chapter.

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 and Programmatic Elements. The Developer TDM Plan program measures shall include the following:

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:

On-Site Transportation Information. On-site transportation information located where the greatest number of Employees, visitors, and residents are likely to see it. Such transportation information may be provided in an on-site physical location, such as a bulletin board, digital screen, or kiosk, or through other media, such as on a website or other digital means. Information shall include, but is not limited to, the following:

Current maps, routes, and schedules for public transit routes within 1/2 mile of the project site.

ii.

Transportation information including regional ridesharing agency, local transit operators, and certified TMO where available.

iii.

Ridesharing promotions material supplied by commuter-oriented organizations.

iv.

Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps, and bicycle safety information within 1/2 mile of the project site.

Information about Shared Mobility providers operating within the City.

vi.

A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

vii.

Walking and biking maps for Employees and visitors, which shall include, but not be limited to, information about convenient local services and restaurants within walking distance of the project.

viii.

Information to commercial tenants and Employees of the project regarding local rental housing agencies.

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

Project Transportation Coordinator. A designated Project Transportation Coordinator shall manage all aspects of the Developer TDM Plan and participate in City-sponsored workshops and information roundtables. The PTC shall be responsible for making available information materials on options for sustainable or active transportation modes and opportunities particularly programs that involve commuter subsidies such as Parking Cash Out and vanpool subsidies. In addition, transit fare media and day/month passes will be made available through the PTC to Employees, visitors, and residents during typical business hours. In the event that the project is sold or transferred, Developer shall notify the City of the new point of contact for the successor and/or new PTC for the project within 30 calendar days of such sale or transfer.

Nonresidential Projects and Nonresidential Components of Mixed-Use Projects. Nonresidential projects that result in the addition of 7,500 square feet of floor area or more and the nonresidential portion of mixed-use projects shall provide, at minimum, the following programmatic elements:

New Employee orientation.

ii.

Parking Cash Out.

iii.

Incentives for Employees that live within 1/2 mile of workplaces.

iv.

Information regarding availability of bike commute training offered either on-site or by a third party.

Free on-site shared bicycles intended for Employee use during the work day (e.g., Bike@Work program). This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.

vi.

Commuter matching services for all Employees on an annual basis, and for all new Employees upon hiring.

vii.

Information regarding benefits of: compressed work schedule, flex-time schedule, telecommuting, and guaranteed ride home.

viii.

Transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the Employee's choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the Employee's choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). An Employee accepting the transportation allowance shall be required to execute a contract agreeing said Employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance more than 5 business days per month. The contract shall also specify the Employee's alternative commute mode (e.g., transit, bike, walk). Within the Downtown Community Plan area, daily transportation allowance, equal to the value of the applicable monthly transportation allowance divided by 20, shall be offered to all eligible Employees. To receive the daily transportation allowance eligible Employees shall not be receiving the monthly transportation allowance and shall be required to submit a daily commute tracking form agreed that said Employees utilized an eligible non-single occupancy vehicle mode for at least 51% of their daily commute. The Employee must demonstrate compliance as reasonably required by the property owner.

ix.

Customer and visitor incentives for uses with significant numbers of customers and visitors such as retail, food service, hospitality, and medical office:

(A)

Customer incentive program.

(B)

Public directions prioritizing rideshare modes.

(C)

Special event rideshare services.

(D)

Shared ride service.

Any additional measures that would result in the Developer achieving the applicable AVR target.

Residential Projects and Residential Components of Mixed-Use Projects. Except as provided in subsection iv, projects that result in the addition of 16 residential units or more and the residential portion of mixed-used projects shall include the following programmatic elements:

Transportation Welcome Package for Residents. Provide all new residents with residential component of the project site with a welcome package on a per-unit basis. The welcome package shall, at minimum, include the information required in subsection B.1.a (Physical Elements—On-Site Transportation Information).

ii.

Local Preference Marketing Plan. Prepare and implement a marketing and outreach program for the rental of units that targets: (A) Employees of businesses located within a 1/2-mile radius of the project; (B) Employees of the local hospitals; (C) Employees of the Santa Monica Malibu Unified School District; (D) Employees of the City's Police and Fire Departments; (E) Employees of businesses outside the one-half-mile radius but within the City of Santa Monica. In leasing units, the Developer shall give priority to applicants in the foregoing categories provided that all such applicants meet generally applicable leasing qualifications and criteria imposed by the Developer. Nothing in this Chapter shall require that any residential units be occupied by such persons.

iii.

TMO Participation. Active participation in the formation and ongoing activities of a certified TMO, if established and includes the project site, including payment of annual dues at a level so that trip reduction services are provided as set forth by the TMO, attendance at organizational meeting, providing travel and parking demand data to the TMO, and making available information to project tenants relative to the services provided by the TMO.

iv.

Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident's choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the resident's choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). The transportation allowance shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. A resident accepting the transportation allowance shall not lease parking and shall be required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use in Santa Monica and will not own or long-term lease an automobile in association with a residential use in Santa Monica for so long as they are in receipt of the transportation allowance. The contract shall also specify the resident's non-single occupancy vehicle commute mode (e.g., transit, bike, walk). Children who reside full-time at the building shall be eligible for the transportation allowance if the parent that is primarily responsible for transporting the child is also eligible for the transportation allowance. The child's parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full-time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the transportation allowance. Notwithstanding the foregoing, if a project is a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, and does not include any off-site affordable units that satisfy another multiple-unit dwelling project's obligations under Santa Monica Municipal Code Chapter 9.64, then this subsection shall not apply to require the project to offer a transportation allowance.

Developer TDM Plan Applicable to Project Occupants. The Developer shall ensure that compliance with the Developer TDM Plan is included as a requirement in lease documents and any other agreements for occupancy in the project in order to inform and commit project occupants to applicable measures of the approved Developer TDM Plan.

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.

Employer Worksite Plan Consistency. Employer ERPs and submitted subsequent to the approval of a Developer TDM Plan shall be consistent with the approved Developer TDM Plan, at a minimum, unless the Director of Transportation approves alternative plan components.

Recording Required. Prior to Certificate of Occupancy, the Developer shall record an agreement, in a form acceptable to the City, that makes the Developer TDM Plan a condition of property ownership. The agreement shall include provisions to:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2552CCS § 1, adopted August 8, 2017; Ord. No. 2606CCS § 18, adopted April 9, 2019; Ord. No. 2638CCS § 1, adopted May 26, 2020; Ord. No. 2646CCS § 4, adopted September 8, 2020; Ord. No. 2782CCS, adopted June 25, 2024; Ord. No. 2852CCS, adopted April 14, 2026)

§ 9.53.140 Monitoring and Remedies for Violating Developer TDM Plan.

Annual Monitoring Required. Developer shall submit an annual monitoring report on the Developer TDM Plan ("Developer TDM Annual Status Report") starting on the first anniversary of issuance of the project's Certificate of Occupancy or Temporary Certificate of Occupancy, if applicable. The annual monitoring report shall include the following:

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 9.53.060B 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.

Time Limits for Review. The Director of Transportation shall provide the property owner written notification indicating whether the TDM Annual Status Report is approved or deemed unacceptable within 45 calendar days of its receipt. Alternatively, the Director of Transportation may notify the property owner in writing of an extension of this deadline of no more than 15 calendar days.

Violations. Violations of the Developer TDM Plan shall include, but not be limited to, failure to:

Submit a TDM Annual Status Report.

Pay the Developer TDM Fee.

Implement strategies contained in the Developer TDM Plan.

Achieve the established AVR requirement.

Remedies for Violation.

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 6 months of implementation of the new measures. If the project continues to not achieve the applicable AVR Target, Developers have the option of:

Continuing to implement additional measures for approval by the Director of Transportation.

Alternatively bring the project AVR into alternative compliance through the payment of an Alternative Compliance Fee pursuant to Section 9.53.140E.

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

Withhold the issuance of building permits, certificates of occupancy, and other City issued permits or licenses.

Issue a stop work order.

Request that the City Attorney take appropriate enforcement action. Referral to the City Attorney is not a condition precedent to any enforcement action by the City Attorney.

Alternative Compliance if AVR Target Is Not Achieved. If a project does not achieve the applicable AVR Target established for the project, Developer may choose to pay an Alternative Compliance Fee to off-set the AVR Target in order to achieve the AVR Target/work day. The fee shall only be applicable upon completion of a fee study and shall be established by resolution of the City Council. The fee shall be based on the following calculation:

Step 1:
Total Number of Employee Trips Per Week				Total Number of Vehicle Trips
_____________________________________			=
AVR				Produced by Project Per Week
Step 2:
Total Number of Employee Trips Per Week				Total Number of Vehicle Trips
_____________________________________			=	Allowed
AVR Target				to Achieve Target AVR Per Week
Step 3:
Total Number of Produced Trips	-	Total Number of Allowable Trips	=	Vehicle Trip Reduction Necessary to Achieve AVR Target	=	Daily Vehicle Reduction Needed to Achieve AVR Target
				___________ 5
Step 4:
Alternative Compliance Fee = Compliance Fee x Daily Vehicle Reduction Needed to Achieve AVR Target x work days per year (based on 22 work days per month)

Procedures for Modification of Developer TDM Plan. Developer may submit a request to modify the Developer TDM Plan with such request to be approved by the Director of Transportation. Approval to modify the Developer TDM Plan may be granted if the modifications are: (1) likely to result in the project achieving its applicable AVR Target; and (2) are equally or more effective as the measures that are being modified. Developer shall provide quantifiable evidence, analysis, or consultant report that demonstrates the requested changes will not cause the project AVR to decrease.

Combined TDM Annual Status Report for Multiple Projects. Upon the Director of Transportation's approval of a written request, a Developer may submit a single TDM Annual Status Report encompassing multiple projects to the requirements of this Chapter if the projects are owned by the same Developer and located wholly within the City of Santa Monica.

Maintenance of Detailed Records Required. Developers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Monitoring mechanisms which verify that the Developer TDM Plan has been implemented shall be kept for a period of at least 3 years from plan approval date. Monitoring mechanisms may include, but not be limited 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.

§ 9.53.150 Transportation Management Organizations (TMOs).

Employers and Developers may propose to use the services of a City-certified TMO to implement their Employer Trip Reduction Plans or Developer TDM Plans provided that membership in a City-certified TMO includes payment of annual dues at a level so that trip reduction services are provided, as set forth by the TMO.

The City may certify TMOs that submit a first-year work plan which outlines the following:

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 TMO must provide an annual report to the City to become recertified yearly. The annual report shall include the same elements as the first year plan with the following exceptions:

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.

§ 9.54.010 General Provisions and Responsibilities.

Citation and Authority. This Chapter is adopted to supplement and implement the Subdivision Map Act, Government Code Section 66410 et seq., and may be cited as the subdivision ordinance of the City of Santa Monica.

Purpose. It is the purpose of this Chapter to regulate and control the division of land within the City of Santa Monica and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey date of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and procedures to be followed in securing the official approval of the Advisory Agency and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote and implement the General Plan. The requirements of this Chapter are in addition to other requirements of the City of Santa Monica.

Conformity to General Plan, Specific Plan and Zoning Ordinances. No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City of Santa Monica or authorized by the comprehensive land use ordinance of the City.

Application. The regulations set forth in this Chapter apply to all subdivisions or parts thereof within the City of Santa Monica and to the preparation of subdivision maps thereof and to other maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of Santa Monica shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required.

Definitions. The following words or phrases as used in this Chapter shall have the following meanings:

Advisory Agency.

A designated official or an official body charged with the duty of making investigations or reports on the design improvements of proposed divisions of real property.

Air Space Lot.

A division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, accessory buildings or portions thereof, or accessory uses. An air space lot shall be identified with a separate and distinct number or letter on a final subdivision or parcel map recorded in the office of the County Recorder.

Block.

The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the other exterior boundary or boundaries of the subdivision.

Community Apartment.

A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment.

Condominium.

An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.

Conversion.

The creation of separate ownership of existing improved real property together with a separate inters in space of residential, industrial or commercial buildings thereon. A conversion may be accomplished by condominium, stock cooperative, community apartment, or cooperative apartment.

Cooperative Apartment.

Pursuant to the City's authority to regulate subdivisions not regulated by the Subdivision Map Act as authorized by Government Code Section 66411, a project of more than four units in which an undivided interest in land is coupled with the exclusive right of occupancy to of any apartment located thereon, whether such right is contained in the form of a written or oral agreement, when such right does not appear on the face of the deed.

Design.

Street alignments, grades and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or other recreational purposes; and such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.

Final Map.

A map showing a subdivision for which a tentative and final map is required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be recorded in the office of the County Recorder.

Final Parcel Map.

A final map for a parcel.

General Plan.

The General Plan of the City of Santa Monica.

Improvement.

Street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure conformity to or implementation of the General Plan or any adopted specific plan.

Lot.

A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.

Lot Line Adjustment.

A lot line adjustment between adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.

Merger.

The joining of 2 or more contiguous parcels of land under one ownership into one parcel.

Parcel Map.

A map showing a division of land of 4 or less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act.

Peripheral Street.

An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

Remainder.

That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

Stock Cooperative.

Corporation as defined in Business and Professions Code Section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exclusive occupancy in a portion of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation.

Subdivider.

A person who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others; except employees and consultants of such persons or entities acting in such capacity, are not "subdividers."

Subdivision.

The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code Section 1351(f), a community apartment project, as defined herein or in California Civil Code Section 1351(d), a stock cooperative, as defined herein or in California Civil Code Section 1351(m), a cooperative apartment as defined herein, or 2 or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein.

Subdivision Map.

See Final Map.

Subdivision Map Act.

The Subdivision Map Act of the State of California.

Tentative Map.

A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

Zoning Ordinance.

Divisions 1 through 5 of Article 9 of the Municipal Code.

City Attorney. The City Attorney shall be responsible for approving as to form all CC&Rs, subdivision improvement agreements, and subdivision improvement securities.

City Council. The City Council shall have the following responsibilities:

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).

City Engineer. The City Engineer shall have the following responsibilities:

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.

Planning Commission. Except as provided in subsection J, below, the Planning Commission is designated as the Advisory Agency and shall be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions.

Director of the Community Development Department. The Director of the Community Development Department (Director), or designee shall:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 49, adopted June 14, 2016; Ord. No. 2814CCS, 5/27/2025)

§ 9.54.020 Maps Required.

General. The necessity for tentative subdivision maps, final subdivision maps, tentative parcel maps and final parcel maps shall be governed by the provisions of this Section 9.54.020 and the Subdivision Map Act.

Five or More Parcels. A tentative subdivision map and final subdivision map shall be required for all divisions of land into 5 or more parcels, 5 or more condominiums as defined in Civil Code Section 783, a community apartment project containing 5 or more units, a stock cooperative containing 5 or more units, a cooperative apartment containing 5 or more units, or an air space subdivision containing 5 or more lots.

Four or Less Parcels. A tentative parcel map and final parcel map shall be required for all divisions of land which create four or less parcels, four or less condominiums as defined in Civil Code Section 783, a community apartment project containing four or less units, a stock cooperative containing four or less units, or a cooperative apartment containing four or less units, or an air space subdivision containing four or less lots.

Maps Not Required. A tentative or final map shall not be required for any of the following:

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:

No additional parcels or building sites have been created,

The adjustment does not create the potential to further divide either of the 2 parcels into more parcels than would have been otherwise possible,

There are no resulting violations of the Santa Monica Municipal Code;

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.030 Tentative Subdivision Maps.

General. The form and contents, submittal, and approval of tentative subdivision maps shall be governed by the provisions of this Section 9.54.030 and the Subdivision Map Act.

Form and Contents. The tentative subdivision map shall be prepared by a registered civil engineer or licensed land surveyor and shall be clearly and legibly drawn and contain not less than the following:

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:

Existing contours at 2 feet intervals if the existing ground slope is less than 10% and at not less than 5 feet intervals for existing ground slopes equal to or greater than 10%. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.

Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.

The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse.

The location, pavement and right-of-way width, grade and name of existing streets or highway.

The widths, location and identity of all existing easements.

The location and size of existing sanitary sewers, water mains and storm drains. The approximate size of existing sewers and storm drains shall be indicated. The location of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets.

The approximate location of the 60, 65 and 70 CNEL (Community Noise Equivalent Level) contours, if any.

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

The location, grade, centering radius and arc length of curves, pavement and right-of-way width and name of all streets. Typical sections of all streets shall be shown.

The location and radius of all curb returns and cul-de-sacs.

The location, width, and purpose of all easements.

The angle of intersecting streets if such angle deviates from a right angle more than four degrees.

The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot.

Proposed contours at 2 feet intervals shall be shown if the existing ground slope is less than 10% and not less than 5 feet intervals for existing ground slopes greater than or equal to 10%. A separate grading plan may be submitted.

Proposed recreation sites, trails, and parks for private or public use.

Proposed commons areas to be dedicated to public open space.

The location and size of sanitary sewers, water mains or storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

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

10.

The source and date of existing contours;

11.

All letter size shall be one-eighth inch minimum;

12.

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;

13.

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.

Accompanying Data and Reports. The tentative subdivision map shall be accompanied by the following data or reports:

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.

10.

Notice of Intent to Convert.

11.

Building Condition and History Report.

12.

Conversion Report.

13.

Energy Conservation Plan.

14.

Application for Conditional Use Permit.

15.

Radius Map, Mailing List.

16.

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.

17.

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

Submittal and Processing of Tentative Subdivision Maps. The tentative subdivision map shall be accepted for filing only when such map conforms to Section 9.54.030(B) and when all accompanying data or reports as required by Section 9.54.030(C) have been submitted and accepted by the Director. The Director shall accept or reject such maps for filing in writing within thirty days of the date of submittal. Any map which is rejected for filing shall specify the reasons for the rejection. The time periods for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director the number of tentative maps that the Director deems necessary.

Approval. The tentative subdivision map shall be approved, conditionally approved, or denied in accordance with the procedures set forth in Section 9.54.070.

Vesting Tentative Map.

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:

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

The condition or denial is required in order to comply with State or Federal law.

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:

An initial time period of one year after recordation of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

The initial time period provided in subsection (7)(a) shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if the time to process application exceeds thirty days from the date a complete application is filed.

A subdivider may apply to the Planning Commission for a one-year extension at any time prior to the expiration of the initial time period provided by this Section. If the extension is denied, the subdivider may appeal that decision to the City Council within fifteen days.

If the subdivider submits a complete application for a building permit during the time period provided in this Section, the vested right to proceed shall be extended until the expiration of the building permit or any extension of that permit granted by the City.

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 50, adopted June 14, 2016)

§ 9.54.040 Final Subdivision Maps.

General. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of this Section 9.54.040 and the Subdivision Map Act. The final subdivision map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

Survey Required.

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.

Form. The form of the final subdivision map shall conform to the Subdivision Map Act and as set forth below:

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.

Contents. The contents of the final subdivision map shall conform to the Subdivision Map Act and as set forth below:

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.

Owner's Certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-way, easements, other interests which cannot ripen into a fee, or other exceptions provided by the Subdivision Map Act, and consenting to the preparation and recordation of the final subdivision map and offering for dedication to the public certain specific parcels of land.

Engineer's Certificate. A certificate by the engineer or surveyor responsible for the survey and final subdivision map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final subdivision map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such position on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The certificate shall be in the form required by the Subdivision Map Act.

City Engineer's Certificate. A certificate by the City Engineer stating that the final subdivision map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act and the provisions of the Chapter, and is technically correct. The City Engineer shall not execute such certification until receiving a report from the Director of Planning of compliance with all conditions of the tentative subdivision map. The certification shall be conditional on the City Council finding that all conditions of the tentative subdivision map have been complied with.

City Clerk's Certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final subdivision map and stating that the City Council accepted, accepted subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

County Recorder's Certificate. A certificate to be executed by the County Recorder stating that the final subdivision map has been accepted for filing, that the final subdivision map has been examined and that it complies with the provisions of State laws and local ordinances governing the filing of final subdivision maps.

The certificate shall show who requested the filing of the final subdivision map, the time and date the map was filed and the book and page where the map was filed.

County Clerk's Certificate. A certificate to be executed by the County Clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County.

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:

The intersection of street centerlines.

Beginning and end of curves in centerlines.

At other locations as may be required by the City Engineer.

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.

10.

Easements.

Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the final subdivision map. If at the time the final subdivision map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

All easements of record shall be shown on the final subdivision map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the final subdivision map, identifying the apparent dominant tenements for which the easements were created.

The sidelines of all easements of record shall be shown by dashed lines on the final subdivision map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

11.

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.

12.

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.

Preliminary Submittal for City Approval. The subdivider shall submit the final subdivision map to the City Engineer for checking. The preliminary submittal shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer:

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.

City Engineer's Review. Upon completing the preliminary check the City Engineer shall note the required corrections, if any, on the preliminary submittal, reports and data. The submittal shall be marked as approved as submitted, approved when corrected as noted, or revise and resubmit and shall be returned to the subdivider's engineer.

Resubmittal. The subdivider's engineer shall submit the revised and corrected map, reports and data to the City Engineer.

Approval by the City Engineer and Planning Director. Upon receipt of an approved print, the subdivider shall submit to the City Engineer the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this Chapter and corrected to its final form, and signed by all parties required by the Subdivision Map Act and this Chapter to execute the certificate on the map. The City Engineer shall sign the appropriate certificates and notify the Director that the map has been approved. The original tracing will be held by the City Engineer until Council approves the map.

Approval. The final map shall be approved or denied in accordance with procedures set forth in Subchapter 9.54.080.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 51, adopted June 14, 2016)

§ 9.54.050 Tentative Parcel Maps.

General. The form and contents, submittal, and approval of tentative parcel maps shall conform to the provisions of this Section 9.54.050 and the Subdivision Map Act. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor.

Form. The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be approved by the City Engineer and all lettering shall be one-eighth inch minimum in height. The final form shall be approved by the City Engineer.

Content. The tentative parcel map shall show the following information:

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:

Existing contours at 2 feet intervals, if the existing ground slope is less than 10% and not less than 5 feet intervals for existing ground slopes greater than or equal to 10%. Existing contours shall be represented by screened or dashed lines.

Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse.

The location, pavement, and right-of-way width, and grade and name of existing streets or highways.

Location and type of street improvements.

The location, size, and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets.

The location, width, and identity of existing easements.

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.

10.

The proposed lot layout and lot areas.

11.

Proposed easements or rights-of-way.

12.

The source and date of existing contours.

13.

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

14.

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

Accompanying Data and Reports. The tentative parcel map shall be accompanied by the following data or reports:

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.

10.

Notice of Intent to Convert.

11.

Building Condition and History Report.

12.

Conversion Report.

13.

Energy Conservation Plan.

14.

Application for Conditional Use Permit.

15.

Radius Map, Mailing List.

16.

17.

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

Submittal and Processing of Tentative Parcel Maps. The tentative parcel map shall be accepted for filing only when such map conforms to Section 9.54.050(C) and when all accompanying data or reports required by Section 9.54.050(D) have been submitted and accepted by the Director. The Director shall accept or reject such maps for filing within 15 days of the date of submittal. Any map which is rejected for filing shall specify the reasons for rejection. The time period for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director the number of tentative parcel maps that the Director deems necessary.

Approval. The tentative map shall be approved, conditionally approved, or denied in accordance with the procedures set forth in Section 9.54.070.

Waiver of Parcel Map. The Planning Commission may waive the requirements for a tentative and final parcel map when it is demonstrated that the waiver is consistent with the purpose of this Chapter and the General Plan. No parcel map may be waived for a condominium, stock cooperative, community apartment project, or cooperative apartment, whether created by new construction or conversion. The decision of the Planning Commission shall not be appealable.

Procedure for Waiver of Parcel Maps. The following procedure shall be followed for the waiver of a parcel map:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 52, adopted June 14, 2016)

§ 9.54.060 Final Parcel Maps.

Final Parcel Maps. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this Section 9.54.060 and the Subdivision Map Act. The final parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

Survey Required. 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 parcel map shall not exceed one part in 1/10,000 for field closures and one part in 1/20,000 for calculated closures.

Form and Content. The form and content of the final parcel map shall conform to the requirements for final subdivision maps as specified by Section 9.54.040(C) and (D) of this Chapter (except that any reference therein to a final subdivision map shall refer to a final parcel map). Lots shall be designated by letters commencing with "A".

Preliminary Submittal for City Approval. The subdivider shall submit the final parcel map to the City Engineer for checking. The preliminary submittal shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer:

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.

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.

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.

City Engineer's Review. Upon completing the preliminary check the City Engineer shall note the required corrections, if any, on the preliminary submittal, reports and data. The submittal shall be marked approved as submitted, approved when corrected as noted, or revise and resubmit and shall then be returned to the subdivider's engineer.

Resubmittal. The subdivider's engineer shall submit the revised and corrected map, reports and data to the City Engineer.

Approval of Final Parcel Map. A final parcel map shall be approved or denied in accordance with the procedures set forth in Section 9.54.080.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 53, adopted June 14, 2016)

§ 9.54.070 Procedures for Approval of Tentative Maps.

Notice of Public Hearings.

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:

Notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

Notice shall be given by mail or delivery to all property owners and tenants, including businesses, corporations or other public or private entities, within 300 feet of the property which is the subject of the application.

In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required by Subdivision Map Act.

In the event that the application has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, notice shall be mailed to the property owner.

Notice shall be given by first class mail to any person who has filed a written request with the Secretary of the Planning Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

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.

Planning Commission Action. The Planning Commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the City Council and the subdivider within 50 days after the tentative map has been accepted for filing. Any report or recommendation on a tentative map by the staff shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least 3 days prior to any hearing or action on such map by such advisory agency or legislative body.

Approval.

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.

Denial. The tentative map may be denied by the Planning Commission on any of the grounds provided by City ordinances or the Subdivision Map Act. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

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.

Report to City Council. If a tentative map is approved or conditionally approved, including approval by failure of the Planning Commission to act within the time required by law, the Director shall make a written report to the City Council within 5 days of such approval.

Extension of Time for Planning Commission or City Council Action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.

Appeal.

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.080 Procedures for Approval of Final Maps.

Approval by City Council.

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.

Denial by the City Council. The City Council shall not deny approval of the final map if it finds that the final map is in substantial compliance with the previously approved tentative map.

Filing with the County Recorder. Upon approval of the final map by the City Council and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the County Board of Supervisors for transmittal to the County Recorder.

Submittal by Units. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, that the subdivider, at the time the tentative map is filed, informs the Director of Planning of the subdivider's intention to file multiple final maps on the tentative map. In providing such notice the subdivider shall not be required to define the number or configuration of the proposed multiple maps. However, the Planning Commission shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 54, adopted June 14, 2016)

§ 9.54.090 Expiration, Extensions, and Amendments.

Expiration.

An approved or conditionally approved tentative map shall expire:

For tentative maps valid as of January 6, 2025: 48 months after approval or conditional approval;

For tentative maps valid as of January 6, 2025 that have been previously extended: 48 months after approval or conditional approval, inclusive of any previously-granted extensions; or

For all other tentative maps: 24 months after its approval or conditional approval.

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.

Extensions.

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.

Stay of Expiration. The subdivider may apply to the City Council for a stay of the expiration of a tentative subdivision or parcel map provided an application is filed pursuant to this Section within 10 days of the service of the initial petition or complaint in a lawsuit involving the approval or conditional approval of a tentative subdivision or parcel map. Upon receipt of a valid application, a public hearing will be conducted pursuant to Section 9.54.070(A) within 40 days and the City Council shall either stay the expiration of the tentative map for up to 5 years or deny the requested stay.

Amendments to Approved Tentative Map. Minor changes in the tentative map may be approved by the Director of Planning upon application by the subdivider or on the initiative of the Director, provided:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2814CCS, 5/27/2025)

§ 9.54.100 Standards for Decisions.

Nondiscrimination. All tentative maps shall be conditioned upon the Declaration of Covenants, Conditions, and Restrictions containing a nondiscrimination clause in substantially the following form:

"No unit owner shall execute or file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of his or her unit on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, or the potential or actual occupancy of minor children. A condominium association shall not discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, or the potential or actual occupancy of minor children."

Air Space Subdivision. For air space subdivisions, minimum lot size, lot dimension and lot 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 shall be determined for the air space lots as if all lots in the air space subdivision were merged into the same lot. All tentative maps crating air space lots, other than condominiums, community apartments, or cooperative apartments, shall be conditioned upon the recordation, prior to final map approval, of deed restrictions, or other instruments in a form acceptable to the City Attorney, which:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.110 Voluntary Merger.

Applicability. Pursuant to the provisions of California Government Code Section 66499.20.3, a merger and certificate of merger of existing adjoining parcels of real property under common ownership may be authorized by the City Engineer and filed for record by the County Recorder only where the City Engineer makes all of the following findings:

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.

Concurrent Filing of Record of Survey. Where a record of survey is deemed to be necessary by the City Engineer or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger.

Merger of Parcels. The filing of the merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.

Recording of Merger Without Approval Prohibited. No person shall record a document merging separate legal parcels into a single legal parcel for the purposes of the Subdivision Map Act and local Ordinances enacted pursuant thereto except in conformity with the provisions of this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.120 Fees.

The City Council shall establish by resolution such fees as may be required for the review and processing of a proposal for voluntary merger.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.130 Certificates of Compliance and Conditional Certificates of Compliance.

Purpose and Intent.

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.

Application Filing and Review.

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.

Contents of Application.

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:

Application Contents. Each application for a Conditional Certificate of Compliance together with required fees and/or deposits, shall be filed with the Planning Director on a Planning and Community Development Department application form, together with required fees and/or deposits, and all other information and materials as identified in the Planning and Community Development Department application for the Conditional Certificate of Compliance. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the Planning Director.

Application Fees.

Timing of Payment. Required fees and/or deposits shall be paid at the time of filing the application with the Planning Director and no processing shall commence until the fee/deposit is paid.

ii.

Refunds and Withdrawals. The required application fees and/or deposits cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the Planning Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of expiration or withdrawal.

Filing and Acceptance of an Application. An application is considered to be filed after it has been accepted for processing by the Planning and Development Department and required fees and/or deposits have been paid. The Planning Director shall review each application for receipt of all submittal requirements and accuracy prior to acceptance of the application. The Planning Director's acceptance of an application for processing shall be based on the Planning and Development Department's required application contents (see subsection (C)(2)(a), above).

Environment Information. After an application has been accepted as complete, the Planning Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the requirements of the California Environmental Quality Act and its Guidelines.

Referral of Application. At the discretion of the Planning Director, or where otherwise required by the Santa Monica Municipal Code, or State or Federal law, an application may be referred to any County department or public agency that may be affected by or have an interest in the application.

Right of Entry/Inspection. Every applicant seeking a Conditional Certificate of Compliance in compliance with this Chapter shall allow City staff involved in the review of the application access to any premises or property which is the subject of the application at all reasonable times.

Coastal Development Permit Requirement. If an application for a Conditional Certificate of Compliance is submitted for property located in the Coastal Zone, then an application for a Coastal Development Permit shall be processed and approved by the appropriate decision-maker before the Conditional Certificate of Compliance application may be approved and filed for record with the County Recorder.

Processing of Application.

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.

Conditional Certificates of Compliance.

If the City Engineer determines that the real property was not divided in compliance with subsection (A), above, then the City Engineer shall direct that an application for a Conditional Certificate of Compliance be filed with the Planning and Community Development Department.

After receipt of an application for a Conditional Certificate of Compliance, the Planning and Development Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

The Director shall be the decision-maker and shall hold at least one noticed public hearing on the requested Conditional Certificate of Compliance and Coastal Development Permit, if applicable, and either approve or conditionally approve the request.

The determination of the Director is final subject to appeal in compliance with Section 9.37.130 (Appeals).

At the time that the Conditional Certificate of Compliance is approved or conditionally approved, the decision-maker may impose conditions as provided by subsection (E) (Conditions of Approval), below.

Conditions of Approval.

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.

Completion of Process.

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.

Effective Date of Certificate. A Certificate of Compliance or Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.140 Special Procedures for Projects Subject to Specific State Law Provisions.

Purpose. The purpose of this Section is to provide special procedures for projects subject to approval in accordance with specific State law provisions.

Applicability.

Eligible Projects.

Projects seeking lot splits pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

Projects proposing 10 or fewer units and meeting the requirements of Government Code Section 66499.41.

Projects proposing to separately convey or sell a primary unit and an ADU or ADUs as condominiums that would result in four or fewer parcels, pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums, in accordance with the regulations set forth in Government Code Section 66342.

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

Approval Procedures. The following procedures shall apply to eligible projects under Subsection (B)(1) above.

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

Projects are exempt from Planning Commission approval.

The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Section 9.31.125.

The Director shall act within 60 days of receiving a complete application.

If the Director fails to act within 60 days of receiving a complete application, the proposed subdivision shall be deemed approved in so far as it complies with all applicable requirements of the Subdivision Map Act, this Chapter, and any other applicable City ordinances.

Subdivisions pursuant to Government Code Section 66499.41.

Projects are exempt from Planning Commission approval.

The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Government Code Section 66499.41.

The Director shall approve or deny an application for a tentative map for a housing development project within 60 days from the date of receiving a complete application pursuant to Government Code Section 66499.41.

If the Director does not approve or deny a completed application within 60 days, the application shall be deemed approved.

If the Director denies the application, the Director shall, within 60 days from the date of receiving the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

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

Projects are exempt from Planning Commission approval.

The Director shall, within the timeframes set forth in this Chapter, deny a Tentative Map if the Director makes any of the findings set forth in Section 9.54.070(D).

If no action is taken by the Director 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.

Term. Notwithstanding anything to the contrary in this Chapter, Tentative Map approvals subject to this Section shall remain effective for 3 years.

(Added by Ord. No. 2792CCS, 10/8/2024; Ord. No. 2814CCS, 5/27/2025)

§ 9.55.010 Purpose.

The purpose of this Chapter is to promote the public health, safety, and general welfare by establishing such procedures and providing such regulations as are deemed necessary to preserve existing areas of natural beauty, cultural importance; to assure that buildings, structures, signs or other developments are in good taste, good design, harmonious with surrounding developments, and in general contribute to the preservation of Santa Monica's reputation as a place of beauty, spaciousness, and quality; to prevent the development of structures or uses that are not of acceptable exterior design or appearance, are of inferior quality, or are likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value; to eliminate conditions, structures, or uses, which by reason of their effect tend to degrade the health, safety, or general welfare of the community; and to provide a continuing source of programs and means of improving the City's overall appearance.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.020 Definitions.

Definitions in Section 9.52.020 apply to the words and phrases used in this Chapter, except that, for purposes of this Chapter, "Director" means the Director of the City's Community Development Department or designee.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.030 Architectural Review Board-Membership.

An Architectural Review Board is hereby established which shall consist of 7 members. At least 2 of the members shall be professional architects. Other members of the Architectural Review Board shall be persons who, as a result of their training, experience, and attainments, are qualified to analyze and interpret architectural and environmental trends and information, to appraise resource uses in light of the policies set forth in this Chapter, and to be responsive to the social, aesthetic, recreational, and cultural needs of the community. Other expertise such as conservation, recreation, design, landscaping, the arts, urban planning, cultural-historical preservation, and ecological and environmental science shall, insofar as practicable, be represented on the Architectural Review Board. The Landmarks Commission may select one of its members to provide active liaison with the Architectural Review Board when the Architectural Review Board is considering additions to or modifications of historic resources. The Landmarks Commissioner chosen shall neither have a vote on the Architectural Review Board nor be eligible to be its chairperson.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.040 Guidelines and Standards.

The Architectural Review Board may, by resolution, establish guidelines and standards for its evaluation of proposed developments within an architectural review district, to supplement the criteria in Section 9.55.140. Such guidelines and standards shall reflect and effectuate the purposes expressed by Section 9.55.010 and shall include, but need not be limited to, consideration of the following elements:

The integrity of neighborhood environments;

Existing local, social, aesthetic, recreational and cultural facilities, designs, and patterns within the architectural review district;

The disparate elements of neighborhood communities within the architectural review district and the architectural relationship of adjoining neighborhood communities; and

General patterns and standards of architectural development within the entire architectural review district.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.060 Appointment and Term of Office.

The members of the Architectural Review Board shall be subject to removal by motion of the City Council by at least 5 affirmative votes. Except as otherwise provided in the City Charter, the members of the Architectural Review Board shall serve for a term of 4 years, commencing on July 1 and until their respective successors are appointed and qualified. The members first appointed to the Board shall so classify themselves by lot that the term of one of their number shall expire on the next succeeding July 1, and the balance of the Board shall be paired by lot and serve terms to such an extent as is necessary in order that the terms of at least one such pair shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.070 Rules.

The Architectural Review Board shall adopt rules and regulations for the conduct of its business. Four voting members shall constitute a quorum. The affirmative or negative vote of a majority of the entire membership of the Architectural Review Board shall be necessary for it to take action. No item shall be included on the consent calendar of the Architectural Review Board's agenda unless all members agree to the inclusion of such item. If any member of the Architectural Review Board objects to scheduling a particular application on the Architectural Review Board's consent calendar, said application shall be removed from the consent calendar and set for public hearing, and the Architectural Review Board shall be granted an additional 15 days to execute action on the application.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.080 Officers, Election of Officers.

As soon as practicable following the appointment or reappointment of members each year, the Architectural Review Board shall organize and elect from its own membership a Chairperson and a Chairperson Pro Tem.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.090 Secretary.

The Director shall serve or appoint staff to serve as the official secretary to the Architectural Review Board. The records of all proceedings and basis for all findings shall be available to the City Council and to the public.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.100 Meetings.

The Architectural Review Board shall meet at established intervals or as otherwise determined by the Architectural Review Board, on regularly scheduled dates. Meetings shall be arranged in order to process applications within the time required by this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.110 Process for Establishment of Architectural Review Districts.

The Architectural Review Board upon its own motion may recommend to the City Council, after the review and comment of the Planning Commission thereon, any commercial, industrial, residential, or other area, or a combination of areas within the corporate boundaries of the City for inclusion in an architectural review district. The City Council, upon such recommendation, or upon its own motion, may establish one or more architectural review districts by ordinance, which may include any or all portions of the City.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.120 Project Review by and Approval of Architectural Review Board.

Except as provided by Section 9.55.190 on administrative approval, no building permit shall be issued for any project in an architectural review district unless plans, elevations, or landscaping, have been approved by the Architectural Review Board or on appeal by the Planning Commission. In addition to those projects subject to administrative approval by the Director under Section 9.55.190, the Architectural Review Board, under authority of Section 9.55.070 of this Chapter, may, by resolution, authorize the Director to approve applications for building permits for minor or insignificant projects in an architectural review district, so long as such projects do not defeat the purposes and objectives of this Chapter.

No completed project that is subject to and receives the Architectural Review Board's approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Architectural Review Board or on appeal by the Planning Commission, and that the final construction is in conformity with the plans approved by the Architectural Review Board or on appeal by the Planning Commission.

Preliminary drawings of the design of a proposed project shall be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing for plan check submittal.

Plans or proposals that require a design review approval by the Architectural Review Board shall be considered at a noticed public hearing in accordance with the procedures set forth in this Chapter. At the conclusion of a public hearing, or continued public hearing, the Architectural Review Board shall issue a determination on an application. The Architectural Review Board shall be authorized to approve, conditionally approve, or disapprove exterior elevations, landscaping, and general appearance and to impose such conditions as it believes reasonable and necessary. The Architectural Review Board shall transmit its determination to the applicable Review Authority in writing, including the reasons for the determination, and the findings related to the criteria for the determination in Section 9.55.140.

The Architectural Review Board shall make a determination in accordance with subsection D at the conclusion of no more than 2 noticed and agendized public hearings or continued public hearings, provided that the number of the hearings and the timing for the determination shall be subject to all applicable law, including, but not limited to, Government Code Section 65905.5. A continuance requested by the applicant shall not count towards the 2 hearing limit set forth in this Section.

For projects that require an Administrative Approval:

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:

At least one Architectural Review Board design review approval hearing has occurred;

The applicant has submitted revised plans in response to the Architectural Review Board's design review comments; and

The project conforms precisely to all applicable development standards and the Administrative Approval determination by the Director is ready to be issued.

For projects that require a Development Review Permit, the Architectural Review Board shall issue its determination prior to consideration of the project by the Planning Commission.

The Architectural Review Board also shall have the authority to undertake review and approval of projects as authorized by the Zoning Ordinance or of sign permits as authorized by Chapter 9.61.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023; Ord. No. 2792CCS, 10/8/2024; Ord. No. 2814CCS, 5/27/2025)

§ 9.55.130 Applications and Forms.

An application shall be filed by a qualified applicant.

The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for design review subject to the provisions of this Chapter. The Director shall require the submission of supporting materials as part of the application, including, but not limited to, plans, concept diagrams, renderings, models, material samples or images of materials, massing diagrams and/or models, typical details, landscape plans, and other items deemed necessary or relevant. Drawings and photographs demonstrating how the proposal fits in the surrounding context including a neighbor profile, figure-ground diagrams, and site plan. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

The City Council shall approve by resolution a Municipal Fee Schedule that establishes fees for permits, appeals, amendments, informational materials, penalties, copying, and other such items. These fees may be amended by the City Council.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.55.140 Criteria.

The Architectural Review Board may approve, approve with conditions, or disapprove an application submitted to it pursuant to Section 9.55.120 after consideration of whether the project complies with the following criteria:

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.

If the Architectural Review Board finds that the project complies with the criteria in subsection A above, the Architectural Review Board shall approve the application. The Architectural Review Board may impose conditions when the proposed project does not comply with the above criteria and any such conditions are limited to those that will bring the proposed project into conformity therewith. If an application is disapproved, the Architectural Review Board shall detail in its findings, as applicable, the criteria with which the project does not comply or the guidelines that are violated. Any action taken by the Architectural Review Board in regard to a proposed project shall be in writing and include findings, signed by the Chairperson, and a copy thereof shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

In no case shall the Architectural Review Board impose conditions that reduce residential density or have the effect of denying a housing project as those terms are defined in Government Code Section 65589.5.

A decision or order of the Architectural Review Board shall not become final until 10 days after the date upon which a ruling has been made, unless an appeal is filed pursuant to Section 9.55.160.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020; Ord. No. 2792CCS, 10/8/2024)

§ 9.55.160 Appeals.

The applicant or any interested person may appeal any ruling of the Architectural Review Board made pursuant to this Chapter to the Planning Commission. Notice of any appeal from the ruling of the Architectural Review Board must be filed within 10 days of the date that such ruling is made, and must be accompanied by the fee established by the Santa Monica Municipal Code. When such an appeal is made from a ruling of the Architectural Review Board, the Planning Commission shall set a hearing date within 30 days of the receipt of said notice of appeal. The Planning Commission shall hear the appeal at the earliest practical date. The Planning Commission shall decide the appeal within 30 days after said hearing and shall base its decision on the evidence submitted to it at said hearing and on the record from the Architectural Review Board and such other records as may exist in the case. The decision of the Planning Commission on any such appeal from a ruling by the Architectural Review Board shall be final.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.170 Architectural Review District Boundaries.

Pursuant to Section 9.55.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial, and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a certificate of appropriateness is obtained from the Landmarks Commission (or City Council on appeal) pursuant to Chapter 9.56 of the Santa Monica Municipal Code. Noncontributing structures located within Historic Districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-unit structures, including accessory structures, in all districts in the City, except for those structures located in the area described in Section 9.08.030(A)(2), are also exempt from architectural review district boundaries.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.180 Posting of Property.

Within 10 days after an application for architectural review has been filed, the applicant shall post the property with a preprinted sign or signs prepared by the City measuring 30 inches by 40 inches in size. Except as set forth in this Section, the posting shall be in accordance with the requirements as to content, location(s), number of signs, height, lettering and posting period as established by the Director to ensure adequate notice. The application shall not be considered complete unless the site has been posted pursuant to this Section. Landscape applications and applications subject to administrative approval under Section 9.55.190 are exempt from the requirements of this Section.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

§ 9.55.190 Administrative Design Approval.

The Director is authorized to review and approve the following projects in an architectural review district by administrative approval:

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

Behind an existing structure and not substantially visible from any public right-of-way (other than an alley), except for structures located in the R1 (Single-Unit Residential) District that are subject to review by the Architectural Review Board in accordance with Section 9.07.030(A); or

Within an existing courtyard, not visible from the public right-of-way (other than an alley), and maintains required and usable open space.

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

Less than 1,000 square feet, consistent with the existing structure's design and proportions, and the structure is not located within the Downtown Community Plan area; or

Less than 5,000 square feet, consistent with the existing structure's design and proportions, and the structure is located within the Downtown Community Plan area.

New buildings that:

Do not exceed 7,500 square feet.

Do not exceed 10,000 square feet and are new multiple-unit dwelling projects located in Residential and Ocean Park zoning districts.

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:

Not located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade; or

Located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade, provided that the alterations are consistent with the structure's existing design.

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.

10.

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

11.

Landscape and irrigation plans for:

New landscaping less than 1,000 square feet in area that is visible from the public right-of-way (other than an alley), conforms to the City's landscaping standards, and maintains existing mature trees wherever possible;

New landscaping that is not visible from the public right-of-way (other than an alley), conforms to the City's landscaping standards, and maintains existing mature trees wherever possible; or

New landscaping for single-unit dwellings (other than those exempted from review by Section 9.55.170) that conforms to the City's landscaping standards.

12.

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.

Any application for administrative design approval pursuant to this Section shall comply with the requirements of Section 9.55.130.

The Director may approve, approve with conditions, or disapprove an application submitted to it pursuant to subsection (A) after consideration of whether the project complies with the criteria in Section 9.55.140(A).

If the Director finds that the project complies with the criteria in Section 9.55.140(A), the Director shall approve the application. The Director may impose conditions when the proposed project does not comply with the criteria in Section 9.55.140(A) and any such conditions are limited to those that will bring such project into conformity therewith; except, however, for any project submitted pursuant to subsection (A)(4), the Director may reduce the height of the required screening based on the placement of the equipment on the roof, the existing height of the subject building and surrounding buildings, and the overall visibility of the equipment. If an application is disapproved, the Director shall detail in its written findings, as applicable, the criteria with which the project does not comply or the guidelines, if any, that are violated. Any action taken by the Director to conditionally approve or deny a proposed project shall be in writing and include findings and conditions, as applicable. A copy of the Director's decision shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

The Director's decision shall be effective and final upon issuance and not subject to administrative appeal.

No completed project that is subject to and receives the Director's administrative design approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Director, and that the final construction is in conformity with the plans approved by the Director.

(Added by Ord. No. 2651CCS § 1, adopted October 13, 2020; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.56.010 Title.

This Chapter shall be known as the Landmark and Historic District Ordinance of the City of Santa Monica.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.020 Purpose.

It is hereby declared as a matter of public policy that the purpose of this Chapter is to promote the public health, safety and general welfare by establishing such procedures and providing such regulations as are deemed necessary to:

Protect improvements and areas which represent elements of the City's cultural, social, economic, political and architectural history.

Safeguard the City's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas.

Foster civic pride in the beauty and noble accomplishments of the past.

Protect and enhance the City's aesthetic and historic attractions to residents, tourists, visitors and others, thereby serving as a stimulus and support to business and industry.

Promote the use of Landmarks, Structures of Merit and Historic Districts for the education, pleasure and welfare of the people of this City.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.030 Definitions.

As used in this Chapter, the following words and phrases shall have the meaning set forth herein, unless it is apparent from the context that a different meaning is intended:

Certificate of appropriateness.

A certificate issued by the Landmarks Commission approving such plans, specifications, statements of work, and any other information which is reasonably required by the Landmarks Commission to make a decision on any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Structure of Merit, Landmark or Landmark Parcel, or to a building or structure within a Historic District.

City-designated historic resource.

Any existing building or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.

Contributing building or structure.

A building or structure which has been identified by the Landmarks Commission as one which contributes to the designation of an area as a Historic District.

Commission.

The Landmarks Commission.

Department.

The Department of Planning and Community Development.

Director.

The Director of the Department of Planning and Community Development or his/her designee.

Exterior features.

The architectural style, design, general arrangement, components and natural features or all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such improvement, and the natural form and appearance of, but not by way of limitation, any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture or other form of natural or artificial landscaping.

Historic district.

Any geographic area or noncontiguous grouping of thematically related properties which the City Council has designated as and determined to be appropriate for historical preservation pursuant to the provisions of this Chapter.

Improvement.

Any building, structure, place, site, work of art, landscape feature, plantlife, life-form, scenic condition or other object constituting a physical betterment of real property, or any part of such betterment.

Landmark.

Any improvement which has been designated as and determined to be appropriate for historical preservation by the Landmarks Commission, or by the City Council on appeal, pursuant to the provisions of this Chapter.

Landmark parcel.

Any portion of real property, the location and boundaries as defined and described by the Landmarks Commission, upon which a Landmark is situated, which is determined by the Landmarks Commission as requiring control and regulation to preserve, maintain, protect or safeguard the Landmark.

Secretary of Interior Standards.

The Secretary of the Interior Standards for Treatment of Historic Properties published by the U.S. Department of the Interior found at 36 C.F.R. Section 68.3 as it may be amended from time to time.

Structure of merit.

Any improvement which has been designated as and determined to be appropriate for official recognition by the Landmarks Commission pursuant to the provisions of this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.040 Landmarks Commission.

A Landmarks Commission is hereby established which shall consist of seven members appointed by the City Council, all of whom shall be residents of the City over eighteen years of age. Of the seven members, at least one shall be a registered architect, at least one shall be a person with demonstrated interest and knowledge, to the highest extent practicable, of local history, at least one shall have a graduate degree in architectural history or have demonstrated interest, knowledge and practical or professional experience to the highest extent practicable of architectural history and at least one shall be a California real estate licensee. The Director, or his or her designated representative, shall act as the Secretary of the Commission and shall maintain a record of all resolutions, proceedings, and actions of the Commission.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.050 Vacancies.

In the event of a vacancy occurring during the term of a member of the Landmarks Commission, the City Council shall make an interim appointment to fill the unexpired term of such member, and where such member is required to have special qualifications pursuant to Section 9.56.040, such vacancy shall be filled by interim appointment with a person possessing such qualifications.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.060 Powers.

In addition to any other powers set forth in this Chapter or in the Zoning Ordinance, the Landmarks Commission shall have the power to:

Designate Structures of Merit, Landmarks and Landmark Parcels, and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto, in order to effectuate the purposes of this Chapter. Except as provided in Section 9.56.110, the designation of any improvement as a Structure of Merit, Landmark, or Contributing Building or Structure shall only include the exterior features of the improvement and shall not include any portion of its interior space.

Conduct studies and evaluations of applications requesting the designation of a Historic District, make determinations and recommendations as such appropriateness for consideration of such applications, and make any preliminary or supplemental designations, determinations or decisions, as additions thereto, in order to effectuate the purposes of this Chapter.

Regulate and control the alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Structure of Merit, a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District, and make any preliminary or supplemental designations, determinations, decisions, as additions thereto, in order to effectuate the purposes of this Chapter.

Adopt, promulgate, amend, and rescind, from time to time, such rules and regulations as it may deem necessary to effectuate the purposes of this Chapter.

Maintain a current listing and description of designated structures of merit, landmarks and historic districts.

Provide for a suitable sign, plaque or other marker, at public or private expense, on or near a Landmark or Historic District, indicating that the Landmark or Historic District has been so designated. The sign, plaque or other marker shall contain information and data deemed appropriate by the Commission, and the placement of such shall be mandatory in the case of a landmark held open to the public use, and shall be at the discretion of the owner of the landmark in the case of a landmark not held open to the public use.

Certify and/or ratify applicable environmental documents, or when acting in an advisory capacity only, recommend certification or ratification of environmental documents, in accordance with the California Environmental Quality Act or the National Environmental Policy Act.

Evaluate and comment upon proposals and environmental reviews pending before other public agencies affecting the physical development, historic preservation and urban design in the City.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.070 Jurisdiction.

Unless a certificate of appropriateness has been issued by the Landmarks Commission, or by the City Council upon appeal, or unless an express exemption as provided for in this Chapter specifically applies, any alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Structure of Merit, Landmark or Landmark Parcel, or of or to a building or structure within a Historic District is prohibited, and no permit authorizing any such alteration, restoration, construction, removal, relocation or demolition shall be granted by any Department of the City.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.080 Structure of Merit Criteria.

For the purposes of this Chapter, an improvement may be designated a Structure of Merit if the Landmarks Commission determines that it merits official recognition because it has one of the following characteristics:

The structure has been identified in the City's Historic Resources Inventory.

The structure is a minimum of 50 years of age and meets one of the following criteria:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.090 Structure of Merit Designation Procedure.

Structures of Merit shall be designated by the Landmarks Commission in accordance with the following procedure:

Except as limited by Section 9.25.040(E), any person may request the designation of an improvement as a Structure of Merit by properly filing with the Director an application for such designation on a form furnished by the Department. Additionally, the Commission may file an application for the designation of a Structure of Merit on its own motion. Within 30 days of filing a Structure of Merit designation application, the property owner and tenants of the subject property shall be notified of the application filing.

Upon determination that an application for designation of an improvement as a Structure of Merit is complete, removal or demolition, in whole or in part, of or to a proposed Structure of Merit is prohibited, and no permit issued by any City Department, Board or Commission, including, but not limited to, a conditional use permit, a tentative tract map, or tentative parcel map permit, a development review permit, any Zoning Conformance permit, Architectural Review Board approval, rent control permit, or building permit, authorizing any such removal or demolition shall be granted while any action on the application is pending.

The Director shall conduct an evaluation of the proposed designation and shall make a recommendation to the Commission as to whether the structure merits such designation. A public hearing to determine whether the structure merits such designation shall be scheduled before the Landmarks Commission within 100 days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application.

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 at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, owner of the improvement, and to all owners and residential and commercial tenants of all real property within 300 feet of the exterior boundaries of the lot or lots on which a proposed Structure of Merit is situated, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

At the conclusion of the public hearing, or any continuation thereof, the Commission shall approve, in whole or in part, or disapprove the application for the designation of a Structure of Merit. Any continued public hearing must be completed within 35 days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Structure of Merit within the 35-day time period, the application for such designation shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the Commission to hold and conclude the public hearing on the application.

The decision of the Commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the Director.

Upon the rendering of a decision to designate a Structure of Merit, the owner of the designated Structure of Merit shall be given written notification of such designation by the Commission, using for this purpose the name and address of such owner as is shown in the records of the Los Angeles County Assessor.

Subject to other provisions of this Section and Section 9.56.180 of this Chapter, a decision of the Commission to designate a Structure of Merit shall be in full force and effect from and after the date of the rendering of such decision by the Commission.

The Commission shall have the power, after a public hearing, to amend, modify, or rescind any decision to designate a Structure of Merit and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto.

The Commission shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing.

Whenever an application for the designation of a Structure of Merit has been disapproved or deemed disapproved by the Commission, no application which contains the same or substantially the same information as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period of 5 years from the effective date of the final action upon such prior application. However, if significant new information is available, the City Council, upon recommendation from the Landmarks Commission, may waive the time limit by resolution and permit a new application to be filed. In addition, an application by the owner of the improvement proposed for Structure of Merit designation may be resubmitted or reconsidered notwithstanding said 5-year time period.

If an improvement is designated as a Structure of Merit because the improvement contributes to a potential Historic District, this designation shall remain in full force and effect only if within 90 days from the date of designation, either by the Landmarks Commission or by the City Council on appeal, an application for designation of an Historic District has been filed pursuant to Section 9.56.130 which would include the Structure of Merit within its area. If a Historic District application is timely filed, the Structure of Merit designation shall remain in full force and effect during the Historic District designation process. If an application for designation of a Historic District is not timely filed or a Historic District is not designated in accordance with Section 9.56.130, then the Structure of Merit designation shall be automatically nullified without any action required by the Commission.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 55, adopted June 14, 2016; Ord. No. 2697CCS § 7, adopted January 25, 2022)

§ 9.56.100 Landmark or Historic District Designation Criteria.

For purposes of this Chapter, the Landmarks Commission may approve the landmark designation of a structure, improvement, natural feature or an object if it finds that it meets one or more of the following criteria:

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.

For purposes of this Chapter, a geographic area or a noncontiguous grouping of thematically related properties may be designated a Historic District if the City Council finds that such area meets one of the following criteria:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 56, adopted June 14, 2016)

§ 9.56.110 Public Spaces.

For purposes of this Chapter, any interior space regularly open to the general public, including, but not limited to, a lobby area may be included in the landmark designation of a structure or structures if the Landmarks Commission, or the City Council upon appeal, finds that such public spaces meet one or more of the criteria listed under Section 9.56.100.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 57, adopted June 14, 2016)

§ 9.56.120 Landmark Designation Procedure.

Landmarks shall be designated by the Landmarks Commission in accordance with the following procedure:

Except as limited by Section 9.25.040(E), any person may request the designation of an improvement as a Landmark by filing a complete application for such designation with the Department on a form furnished by the Department. Additionally, the Commission may file an application for the designation of a Landmark on its own motion. Within 30 days of filing a landmark designation application, the property owner and tenants of the subject property shall be notified of the filing of such application.

Upon the filing of an application for designation of an improvement as a Landmark, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a proposed Landmark or Landmark Parcel is prohibited. No permit shall be issued by any City Department, board or commission, including, but not limited to, a conditional use permit, a tentative tract map or tentative parcel map permit, a development review permit, any Zoning Conformance permit, Architectural Review Board approval, certificate of appropriateness permit, rent control permit, or building permit, which would authorize any such alteration, restoration, construction, removal, relocation or demolition until a final determination on the application is rendered by the Commission, or the City Council on appeal.

The Director shall conduct an evaluation of the proposed designation and shall make a recommendation to the Commission as to whether the improvement merits designation. A public hearing to determine whether the improvement merits designation shall be scheduled before the Landmarks Commission within 100 days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application.

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 at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, the owner of the improvement, all owners and residential and commercial tenants of all real property within 300 feet of the exterior boundaries of the lot or lots on which a proposed Landmark is situated, and to residential and commercial tenants of the subject property, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. 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 owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

At the conclusion of the public hearing, or any continuation thereof, the Commission shall approve, in whole or in part, or disapprove the application for the designation of a Landmark, and may define and describe an appropriate Landmark Parcel. Any continued public hearing must be completed within 35 days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Landmark within the 35-day time period, the application for such designation shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the Commission to hold and conclude the public hearing on the application.

The Commission shall have the power, after a public hearing, whether at the time it renders such decision to designate a Landmark or at any time thereafter, to specify the nature of any alteration, restoration, construction, removal, relocation or demolition of or to a Landmark or Landmark Parcel which may be performed without the prior issuance of a certificate of appropriateness pursuant to this Chapter. The Commission shall also have the power, after a public hearing, to amend, modify or rescind any decision to designate a Landmark or Landmark Parcel and any specifications made pursuant to this subsection. The Commission shall further have the power to make any preliminary or supplemental designations, determinations or decisions, as additions to its designation determinations.

Subject to other provisions of this Section and Section 9.56.180 of this Chapter, a decision of the Commission to designate a Landmark shall be in full force and effect from and after the date of the rendering of such decision by the Commission.

Within 35 days after the decision has been rendered, the Commission shall approve a statement of official actions which shall include:

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.

The official owner of the designated Landmark shall be provided a copy of the statement of official action after Commission approval using for this purpose the name and address of such owner as is shown in the records of the Los Angeles County Assessor.

Whenever an application for the designation of a Landmark has been disapproved or deemed disapproved by the Commission, or by the City Council on appeal, no new application which contains the same or substantially the same information shall be filed within a period of 5 years from final action on the prior application. However, if significant new information is available, the Landmarks Commission may waive the time limit by resolution and permit a new application to be filed. In addition, an application of the owner of the subject improvement proposed for Landmark designation may be resubmitted or reconsidered notwithstanding the 5-year time period.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2697CCS § 8, adopted January 25, 2022)

§ 9.56.130 Historic District Designation Procedure.

Historic Districts shall be designated by the City Council in accordance with the following procedure:

Any person may request the designation of an area as a Historic District by properly filing with the Director of Planning an application for such designation on a form furnished by the Planning Department. Additionally, the Landmarks Commission may file an application for the designation of a Historic District on its own motion.

No later than 60 days after the application for the designation of a Historic District is determined to be complete, City staff shall conduct a public meeting to discuss the potential District designation, including, but not limited to, the designation process, the effect of designation on future property development, and the benefits of designation. The Landmarks Commission may request that City staff conduct this public meeting prior to the Landmark Commission's determination to file an application on its own motion. No more than 20 days and not less than 10 days prior to the date scheduled for the public meeting, notice of the date, time, place, and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, and to all owners and occupants of all real property within the potential Historic District.

Upon determination by City staff that an application for designation of an Historic District is complete, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a building or structure within a proposed Historic District is prohibited, and no permit issued by any City department, board or commission including a conditional use permit, a tentative tract map or parcel map permit, a final tract map or parcel map permit, a development review permit, any Zoning Conformance permit, Architectural Review Board approval, rent control permit, or building permit authorizing any such alteration, restoration, construction, removal, relocation or demolition shall be granted while a public hearing or any appeal related thereto is pending.

Any person subject to subsection (C) of this Section may apply to the Director, and to the Landmarks Commission, on appeal, for an exception. Exceptions may be granted for repairs or alterations which do not involve any detrimental change or modification to the exterior of the structure in question or for actions which are necessary to remedy emergency conditions determined to be dangerous to life, health or property.

The Director shall conduct a preliminary evaluation of the proposed designation and shall make a recommendation to the Commission as to the appropriateness and qualification of the application for consideration by the Commission.

A hearing to determine whether to recommend to the City Council that the application for the designation of a Historic District be approved, in whole or in part, or disapproved shall be scheduled before the Commission within 180 days after the application has been determined to be complete but no sooner than 45 days after the public meeting held pursuant to subsection (B) of this Section.

Not more than 20 days and not less than 10 days prior to the date scheduled for such public hearing, notice of the date, time, place and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, owners of all real property within the proposed Historic District and to the owners and residential and commercial tenants of all real property within 300 feet of the exterior boundary of the Historic District, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

At the conclusion of a public hearing, or any continuation thereof, but in no case more than 45 days from the date set for the initial public hearing, the Commission shall recommend to the City Council the approval, in whole or in part, or disapproval of the application for the designation of a Historic District, and shall forward such recommendation to the City Council stating in writing the findings of fact and reasons relied upon in reaching such a recommendation. If the Commission fails to take action on the application for the designation of a Historic District within the 45-day time period, the application for such designation shall be deemed disapproved, and it shall be the duty of the Director to certify such disapproval.

Within 45 days from the date the Landmarks Commission renders a recommendation on the Historic District application, a public hearing shall be scheduled before the City Council. The same notice requirements set forth in subsection (G) of this Section shall apply to the hearing before the City Council. At the conclusion of the public hearing, or any continuation thereof, but in no case more than 45 days from the date set for the initial public hearing, the City Council shall by ordinance approve, in whole or in part, the application for the designation of the Historic District, or shall by motion disapprove the application in its entirety. If the City Council fails to take action on the application for the designation of a Historic District within the 45-day time period, the application for such designation shall be deemed disapproved, and it shall be the duty of the City Clerk to certify such disapproval.

The decision of the City Council to approve the application for the designation of a Historic District, in whole or in part, by ordinance, or to disapprove the application in its entirety by motion, shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the City Clerk.

The City Council shall by ordinance have the power, after a public hearing, whether at the time it renders a decision to designate a Historic District or at any time thereafter, to specify the nature of any alteration, restoration, construction, removal, relocation or demolition of or to a building or structure within a Historic District which may be performed without the prior issuance of a certificate of appropriateness pursuant to this Chapter. The City Council shall by ordinance also have the power after a public hearing to amend, modify or rescind any specification made pursuant to the provisions of this subsection.

Upon the rendering of such decision to designate a Historic District, the owners of all real property within the designated Historic District shall be given written notification of such designation by the City Council, using for this purpose the names and addresses of such owners as are shown in the records of the Los Angeles County Assessor.

Subject to other provisions of this Section 9.56.130, a decision of the City Council to designate a Historic District shall be in full force and effect from and after the effective date of the ordinance approving, in whole or in part, the application for the designation of a Historic District.

The City Council shall by ordinance have the power, after a public hearing, to amend, modify or rescind any decision to designate a Historic District and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto. The Commission shall have the power to forward the recommendations of the Commission to the City Council on its own motion or at the direction of the City Council.

The City Council shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing.

Whenever an application for the designation of a Historic District has been disapproved or deemed disapproved by the Commission or the City Council, no application which contains the same or substantially the same information as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period of 5 years from the effective date of the final action upon such prior application. However, if significant new information is available, the City Council, upon recommendation from the Landmarks Commission, may waive the time limit by resolution and permit a new application to be filed. In addition, an application of all owners of the majority of parcels within the subject area proposed for Historic District designation, may be resubmitted or reconsidered notwithstanding said 5-year time period.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 58, adopted June 14, 2016)

§ 9.56.140 Alterations and Demolitions: Criteria for Issuance of a Certificate of Appropriateness.

For purposes of this Chapter, the Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a Structure of Merit if the Structure of Merit is subject to a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), or of or to a building or structure within a Historic District if it makes a determination in accordance with any one or more of the following criteria.

In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, of or to a Landmark or to a Landmark Parcel or upon a parcel that contains a City-designated Historic Resource subject to a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), the proposed work would not detrimentally change, destroy or adversely affect any exterior feature of the Landmark or Landmark Parcel upon which such work is to be done.

In the case of any proposed alteration, restoration, construction, removal or relocation, in whole or in part, of or to a building or structure within a Historic District, the proposed work would not be incompatible with the exterior features of other improvements within the Historic District, not adversely affect the character of the Historic District for which such Historic District was designated, or not be inconsistent with such further standards as may be embodied in the ordinance designating such Historic District. For any proposed work to any building or structure whose exterior features are not already compatible with the exterior features of other improvements within the Historic District, reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility.

In the case of any proposed construction of a new improvement upon a Landmark Parcel or upon a parcel that contains a City-designated Historic Resource subject to a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), the exterior features of such new improvement would not adversely affect and not be disharmonious with the exterior features of other existing improvements situated upon such Landmark Parcel.

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

The Commission makes both of the following findings:

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.

In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, to interior public space incorporated in a Landmark designation pursuant to Section 9.56.110, the proposed work would not detrimentally change, destroy or adversely affect any interior feature of the Landmark structure.

The Secretary of Interior's Standards shall be used by the Landmarks Commission in evaluating any proposed alteration, restoration, or construction, in whole or in part, of or to a Landmark, Landmark Parcel, or to a Contributing Building or Structure within a Historic District.

Notwithstanding subsections (A) though (F) of this Section, a City-designated Historic Resource protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C) shall not be relocated, removed, or demolished in contravention of the deed restriction.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.56.150 Certificate of Appropriateness for Structures of Merit.

Except as provided in Section 9.56.140, a certificate of appropriateness shall not be required for the alteration, restoration, construction or relocation of a Structure of Merit. However, the Architectural Review Board or the Planning Commission shall take into consideration the fact that the building has been designated a Structure of Merit in reviewing any permit concerning such structure.

Application for a certificate of appropriateness for the demolition of a Structure of Merit shall be made on a form furnished by the Department. An application shall be processed in accordance with the same procedures set forth in Sections 9.56.170 and 9.56.180 of this Chapter and shall be reviewed in accordance with the standards set forth in Section 9.56.140.

In an effort to agree to a means of historically preserving a Structure of Merit proposed for demolition, the Landmarks Commission shall have the following powers:

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.

Notwithstanding subsection (C) of this Section, a Structure of Merit shall not be demolished in contravention of a deed restriction recorded pursuant to Section 9.43.100(G) or 9.64.030(C).

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.56.160 Certificate of Economic Hardship.

Application for a certificate of economic hardship shall be made on a form furnished by the Department. An application shall be processed in accordance with the same procedures set forth in Sections 9.56.170 and 9.56.180 of this Code.

The Landmarks Commission may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application:

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.

10.

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

11.

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

12.

Real estate taxes for the previous 2 years.

13.

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

14.

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

In considering an application for a certificate of economic hardship, the Commission shall consider all relevant factors. In order to grant a certificate of economic hardship, the Landmarks Commission must make a finding that without approval of the proposed demolition or remodeling, all reasonable use of or return from a designated landmark or property within a Historic District will be denied a property owner. In the case of a proposed demolition, the Landmarks Commission must make a finding that the designated landmark cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from such landmark or property to a property owner.

Upon a finding by the Commission that without approval of the proposed work, all reasonable use of or return from a designated landmark or property within a historic district will be denied a property owner, then the application shall be delayed for a period not to exceed 120 days. During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonable use of, or return from, the property, or to otherwise preserve the subject property. Such plans and recommendations may include, but are not limited to, provisions for relocating the structure, a relaxation of the provisions of the ordinance, a reduction in real property taxes, financial assistance, building code modifications and/or changes in zoning regulations.

If, by the end of this 120 day period, the Commission has found that without approval of the proposed work, the property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a certificate of economic hardship approving the proposed work. If the Commission finds otherwise, it shall deny the application for a certificate of economic hardship and notify the applicant by mail of the final denial.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 59, adopted June 14, 2016)

§ 9.56.170 Certificate of Appropriateness/Certificate of Economic Hardship Procedure.

An application for a certificate of appropriateness or an application for a certificate of economic hardship approving any proposed alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District shall be processed in accordance with the following procedure:

Any owner of a Landmark, or of a building or structure within a Historic District, may request the issuance of a certificate of appropriateness or certificate of economic hardship by properly filing with the Director an application for such certificate of appropriateness or certificate of economic hardship on a form furnished by the Department. Each application for a certificate of appropriateness or certificate of economic hardship shall include such plans, specifications, statements of work, and any other information which are reasonably required by the Landmarks Commission to make a decision on any such proposed work. An application shall be determined complete within 30 days after the Department receives a substantially complete application together with all information, plans, specifications, statements of work, and any other materials and documents required by the appropriate application forms supplied by the City. If, within the specified time period, the Department 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.

The Director shall schedule a public hearing to be held within 65 days of the date on which an application for a certificate of appropriateness or certificate of economic hardship is determined complete and shall make a preliminary recommendation to the Commission on or before the date scheduled for a public hearing as to the appropriateness and qualification of the application for a certificate of appropriateness or certificate of economic hardship.

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 at least one publication in a daily newspaper of general circulation, shall be mailed to the applicant, and to the owners and residential and commercial tenants of all real property within 300 feet of the exterior boundaries of the Landmark Parcel upon which a Landmark is situated in the case of any proposed work to a Landmark, or within 300 feet of the exterior boundaries of the lot or lots on which a building or structure within a Historic District is situated in the case of any proposed work to a building or structure within a Historic District, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

The Commission shall have up to six months, or one year if the project requires an Environmental Impact Report, to render a decision on the certificate application. If the Commission does not render a decision within this time period, then the certificate application shall be automatically determined approved if any required environmental review has been completed. Notwithstanding the foregoing, the Commission may mutually agree with the applicant for a certificate of appropriateness or certificate of economic hardship to extend the six months or one year time period in which the Commission must take action to another time period which is mutually agreeable. The time period provided for in this Section shall be extended by the time period provided for in Section 9.56.160(D) when applicable.

The decision of the Commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the Director of Planning.

Subject to the provisions of Section 9.56.180 of this Chapter, upon the rendering of such decision to approve an application for a certificate of appropriateness or certificate of economic hardship, the Commission shall issue the certificate of appropriateness or certificate of economic hardship within a reasonable period of time and such issued certificate of appropriateness or certificate of economic hardship may be obtained by the applicant from the Department.

Subject to other provisions of this Section 9.56.170 and Section 9.56.180 of this Chapter, a decision of the Commission shall be in full force and effect from and after the date of the rendering of such decision by the Commission. A certificate of economic hardship may be appealed to the City Council in the same manner and according to the same procedures as for a certificate of appropriateness.

Subject to other provisions of Sections 9.56.170 and 9.56.180 of this Chapter, a certificate of appropriateness or certificate of economic hardship shall be in full force and effect from and after the date of the issuance by the Commission. Any certificate of appropriateness or certificate of economic hardship issued pursuant to this Chapter shall expire within the timeframes stipulated in Section 9.37.090(A), Expiration, for projects that are active and issued as of July 1, 2024.

The Commission shall have the power, after a public hearing, to amend, modify or rescind any decision to approve, in whole or in part, an application for a certificate of appropriateness or certificate of economic hardship and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto.

The following rules shall limit the resubmittal of an application for a certificate of appropriateness or certificate of economic hardship:

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.

Under the authority of Section 9.56.060, the Commission may, by resolution, establish criteria under which the Landmarks Commission Secretary may approve certificate of appropriateness applications for minor or insignificant alterations, restorations, or construction, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District which would not defeat the purposes and objectives of this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 60, adopted June 14, 2016; Ord. No. 2697CCS § 9, adopted January 25, 2022; Ord. No. 2786CCS, 8/27/2024)

§ 9.56.180 Appeals.

An appeal to the City Council of an action of the Landmarks Commission shall be processed in accordance with the following procedure:

Each of the following actions by the Commission may be appealed to the City Council:

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.

Any person may appeal a determination or decision of the Commission by filing a notice of appeal with the Department on a form furnished by the Department. Such notice of appeal shall be filed within 10 consecutive days commencing from the date that such determination or decision is made by the Commission or from the date an application is deemed approved or disapproved because of the failure to comply with any time period set forth in this Chapter. The notice of appeal shall be accompanied by a fee required by law. Notwithstanding any of the foregoing, any member of the Commission or City Council may request a review by the Commission or City Council of any determination or decision of the Commission without the accompaniment of such fee in the amount required by law. Once an appeal is filed, the review is de novo, and the City Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken which were in the purview of the original hearing body on the application or project and is not limited to only the original reason stated for the appeal.

The City Council shall schedule a public hearing to be held within 45 days after the notice of appeal is properly filed with the Department. The owner of the improvement may agree to extend the time period for the City Council to hold and conclude the public hearing on the application.

Notice.

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 appellant;

The owner and residential and commercial tenants of the Landmark in the case of any action regarding a Landmark;

The owners of all real property within the Historic District in the case of any action regarding an entire Historic District;

The owners of all real property and residential and commercial tenants within 300 feet of the exterior boundaries of the lot or lots on which a Landmark is located in the case of any action regarding a Landmark;

The owners and all commercial and residential tenants of all real property within 300 feet of the exterior boundaries of the Historic District in the case of any action regarding an entire Historic District;

The owners of all real property and all commercial and residential tenants within 300 feet of the exterior boundaries of the lots or lots on which a building or structure is located in the case of any action regarding a building or structure within a Historic District.

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.

At the conclusion of the public hearing, or any continuation thereof, the City Council shall render its decision on the notice of appeal and shall approve, in whole or in part, or disapprove the prior determination or decision of the Commission. Any continued public hearing must be completed within 30 days from the date set for the initial public hearing. The City Council decision shall be in full force and effect from and after the date such decision is made. If the City Council fails to take action on the notice of appeal within the 30-day time period, the notice of appeal shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the City Council to hold and conclude the public hearing on the application.

Within 30 days after the decision has been made, the City Council shall approve a statement of official action which shall include:

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.

The appellant and the owner of the Landmark in the case of a decision regarding a Landmark, the owners of all real property within the Historic District in the case of a decision regarding an entire Historic District, or the owner of a building or structure in the case of a building or structure within a Historic District shall be provided a copy of the statement of official action, using for this purpose the names and addresses of such owners as are shown in the records of the Los Angeles County Assessor.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 61, adopted June 14, 2016)

§ 9.56.190 Maintenance and Repair.

Every owner, or person in charge, of a Landmark, a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), or of a building or structure within a Historic District, shall have the duty of keeping in good repair all of the exterior features of such Landmark, Structure of Merit, or of such building or structure within a Historic District, and all interior features thereof which, if not so maintained, may cause or tend to cause the exterior features of such Landmark, or of such building or structure within a Historic District to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. All designated buildings or structures shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

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.

This Section 9.56.190 of this Chapter shall be in addition to any and all other provisions of law requiring such Landmark, Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C) or such building or structure within a Historic District to be kept in good repair.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.56.200 Unsafe or Dangerous Conditions.

Nothing contained in this Chapter shall prohibit the making of any necessary alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), or of or to a building or structure within a Historic District pursuant to a valid order of any governmental agency or pursuant to a valid court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. A copy of such valid order of any governmental agency or such valid court judgment shall be filed with the Director of Planning and in such cases, no certificate of appropriateness from the Landmarks Commission shall be required.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.56.210 Ordinary Maintenance.

Nothing contained in this Chapter shall be construed to prevent ordinary maintenance or repair of any exterior features of a Landmark, a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), or of a building or structure within a Historic District which does not involve any detrimental change or modification of such exterior features. In such cases, the work must be approved by the Landmarks Commission Secretary and no certificate of appropriateness from the Landmarks Commission shall be required. The administrative determination is appealable to the Landmarks Commission and shall be filed and processed in the same manner as a certificate of appropriateness. Examples of this work shall include, but not be limited to, the following:

Construction, demolition or alteration of side and rear yard fences.

Construction, demolition or alteration of front yard fences, if no change in appearance occurs.

Repairing or repaving of flat concrete work in the side and rear yards.

Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used.

Roofing work, if no change in appearance occurs.

Foundation work, if no change in appearance occurs.

Chimney work, if no change in appearance occurs.

Landscaping, unless the Landmark designation specifically identifies the landscape layout, features, or elements as having particular historical, architectural, or cultural merit.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.56.220 Map.

All designations of Landmarks and any definitions and descriptions of a Landmark Parcel thereto, and all designations of Historic Districts, shall be recorded on a Landmark and Historic District map by the Director of Planning.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.230 Voluntary Restrictive Covenants.

Upon approval by the City Council, the owner of a Landmark may enter into a restrictive covenant with the City regarding such Landmark after negotiations with the Landmarks Commission.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.240 Waiver.

The Building Officer of the City shall have the power to vary or waive any provision of the Santa Monica Building, Electrical, Housing, Mechanical or Plumbing Codes, pursuant to such Codes, in any case which he determines that such variance or waiver does not endanger the public health or safety, and such action is necessary for the continued historical preservation of a Landmark.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.250 Extension of Certificate of Appropriateness.

The Landmarks Commission Secretary may extend the time period for exercising a certificate of appropriateness as provided for in Section 9.56.170(H) pursuant to Section 9.37.090(C), Extensions, upon such terms and conditions as the Secretary deems appropriate consistent with the original approval and Section 9.56.170 if the development standards relevant to the project have not changed since project approval. An extended certificate of appropriateness shall expire if the work authorized thereby is not commenced by the end of the extension period. Except as otherwise provided for in this Section, all provisions of this Code applicable to a certificate of appropriateness shall apply to an extended certificate of appropriateness.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2786CCS, 8/27/2024)

§ 9.56.260 Recordation of Landmarks and Historic Districts.

All buildings or structures designated as Landmarks or as part of a Historic District pursuant to this Chapter shall be so recorded by the City in the office of the Los Angeles County Recorder. The document to be recorded shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration, or relocation of the structure is restricted, and a reference to this Section 9.56.260 authorizing the recordation.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.270 Preservation Incentives.

Architectural Review Exemption.

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:

All work to a designated landmark building or contributing building or structure to an adopted Historic District; and

All additions to, modifications of, alterations of, or new construction on a landmark parcel or parcel containing a contributing building or structure to an adopted Historic District.

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

Certificates of Appropriateness/Administrative Approval Fees. All certificate of appropriateness and certificate of administrative approval fees for any alteration, restoration or construction, in whole or in part, to a designated landmark or to a contributing building or structure located in a Historic District shall be waived.

Parking Incentives. Any parking incentives permitted by the Zoning Ordinance.

Streetscape Improvements in Historic Districts. Whenever streetscape improvements are proposed by the City in areas that are designated Historic Districts, the City shall consider the use of materials, landscaping, light standards and signage that are compatible with the area's historic and architectural character.

State Historical Building Code. The California State Historical Building Code (Title 24, Part 8, California Administrative Code) shall be applied to alterations to designated structures of merit, landmarks, and contributing buildings and structures located in Historic Districts.

Historical Property Contracts. Designated structures of merit, landmarks and contributing buildings or structures located in Historic Districts that are privately owned and not exempt from taxation shall be considered qualified historical properties eligible for historical property contracts submitted or entered into, pursuant to the provisions of Article 12, commencing with Section 50280, Chapter 1, Part 1, Division 1, Title 5, of the California Government Code. The City Council shall, by resolution approve a historical property contract with the owner of a qualified historical property, provided that:

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.

Plan Check Processing. Structures designated as landmarks or contributing buildings or structures to a Historic District shall receive priority Building Division plan check processing.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2642CCS § 1, adopted July 14, 2020)

§ 9.56.280 CEQA Time Extensions.

Any time periods set forth in this Chapter may be extended by the Director of Planning by such periods as are necessary to comply with the California Environmental Quality Act (CEQA).

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.290 Third Street Neighborhood Historic District.

The City Council has reviewed and considered the Historic District application for the Third Street Neighborhood, and has reviewed and considered the recommendation on the application transmitted from the Landmarks Commission.

The City Council finds and declares that:

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 Third Street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third Street; bounded on the south by Hill Street including the parcels on the south side of the street but excluding the parcel on the southeast corner of Hill Street and Third Street; bounded on the west by the rear property line of the parcels on the west side of Second Street; and bounded on the north by Ocean Park Boulevard.

Structures that contribute to the character and integrity of the Third Street Neighborhood Historic District shall be defined as all structures built prior to 1935; noncontributing structures and sites shall be defined as post 1935 developments and vacant parcels.

Pursuant to Santa Monica Municipal Code Section 9.56.130, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within the Historic District that can occur without prior approval of a certificate of appropriateness, any such work must obtain approval of a certificate of appropriateness or certificate of economic hardship by the Landmarks Commission.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.300 Bay Craftsman Cluster Historic District.

The City Council has reviewed and considered the Historic District Application for the four buildings located at 137, 141, 145, and 147 Bay Street (hereinafter "The Bay Street Cluster"), and has reviewed and considered the recommendation on the application transmitted from the Landmarks Commission.

The City Council finds and declares that:

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 are intact representations of Craftsman architecture style. Craftsman architecture was developed in Southern California, and this prototype complex provides an early, intact example of this style of architecture in the two-story, multi-family format. These structures exemplify classic Craftsman characteristics such as low-pitched overhanging roofs with wide eaves, extended rafters, tripartite windows, and sleeping porches.

The location of the Bay Street Cluster adjacent to the old Pacific Electric railway line is significant from a cultural and social perspective as it provides a link to the City's original development of Ocean Park, and particularly Main Street as a new commercial area. Neilson Way was originally the Pacific Electric right-of-way known as the "Trolley way," and became a vehicular street in the 1930s. When the Pacific Electric street railway was linked between Los Angeles and Ocean Park in 1896, summer vacationers and weekend fun seekers were able to travel from the City to the coast in only forty minutes. This new transportation mode spurred growth in the area as it drew more visitors and crowds. Hotels and rooming houses sprang up to accommodate the weekend onslaught. Beach cottages, or small houses that were simply constructed, were built both speculatively for the tourist trade, and by individual families for occasional use.

By the close of the 1910s, a substantial portion of Ocean Park had been improved. The 1920s and 1930s gave rise to a near-complete buildout of the area. This pattern of development has continued in the post-World War II era, with the result that Ocean Park is characterized by a multi-layered historical legacy in terms of the ages, styles, and building types it contains. The Bay Cluster exemplifies typical Ocean Park development during the earliest portion of the twentieth century.

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

These buildings retain a high integrity of design, materials, workmanship, and selling. The Craftsman architectural style is characterized by rustic-textured building materials, board roof overhangs with exposed rafter tails at the eaves, and extensive pergolas and trellises over porches.

The two-story Craftsman four-plexes at the corner of Bay Street and Neilson Way (137 and 141 Bay Street) feature front-gabled apartments that are oriented end-to-end. Articulated bargeboards, or boards attached to the projecting end of the gable roof, outline the shingled buildings. Horizontal slat vents are also located in the gable ends. A smaller gable, similarly pitched and detailed, covers an entry on the first floor of the southern elevation. Tripartite windows are visible on the lower story along the side elevations and above the entry gable on the south elevation. A continuous wood-railed balcony is attached to the west elevation where a series of glazed doors, double-hung sash windows, and tripartite openings also appear.

The 2 buildings at 145 and 147 Bay Street are also intact examples of a Craftsman four-plex. Each of the buildings is 2 stories, capped by a front, low-pitched gable roof. Three gables face forward (south), one over each projecting bay at the ends of the building, and one over the building's center bay. Extended bargeboards and exposed beams and rafters characterize the Craftsman roof-styling. Three doors are located in the recessed central bay. Tripartite windows filter bands of square light across the top and nearly fill the side bays on both stories, and wrap the corners onto the side elevations. Other than the siding material which appears to simulate brick, the four-plex remains substantially unaltered.

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.

Pursuant to Sections 9.56.130 and 9.56.140 of this Code, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within the Historic District that can occur without prior approval of a Certificate of Appropriateness, any such work must obtain approval of a Certificate of Appropriateness or Certificate of Economic Hardship by the Landmarks Commission.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.56.310 The San Vicente Boulevard Courtyard Apartments Historic District.

The City Council has reviewed and considered the Historic District application for the area bounded on the north by the alley between San Vicente Boulevard and Adelaide Drive; on the south by the alley between San Vicente Boulevard and Georgina Avenue; on the east by Seventh Street; and on the west by First Court and Ocean Avenue; excepting therefrom the properties located at 301 Ocean Boulevard and 605, 621, 527 and 537 San Vicente Boulevard (the "San Vicente Boulevard Courtyard Apartments Historic District" or "District") and has reviewed and considered the recommendation on the Historic District application transmitted from the Landmarks Commission.

The City Council finds and declares that:

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:

Streamline Moderne emerged in the 1930s and is often considered to be a later subtype of the Art Deco style. Whereas Art Deco architecture is typically brightly colored and richly decorated, Streamline Moderne is sparse, unornamented and monochromatic. The Streamline Moderne style offered a modern aesthetic and streamlined appearance appropriate to the motor age and automobile culture in Southern California. Common character-defining features of the Streamline Moderne style found in this District include: smooth stucco cladding; curved surfaces, such as rounded corners and/or bays; a flat roof, often with banded coping at the parapet; projecting bands accenting the façade between stories and emphasizing horizontality; minimal use of applied ornament; and multi-paned steel casement windows.

American Colonial Revival experienced a resurgence in popularity in the 1920s and continued to be applied to both single- and multi-family properties in Santa Monica and throughout the greater Los Angeles area through the 1950s. American Colonial Revival elements are applied to several Minimal Traditional style buildings in the District as well. Common character-defining features of the American Colonial Revival style found in this District include: front or side gabled roofs; wood clapboard siding, sometimes applied in combination with stucco cladding; double-hung wood sash windows, at times with divided lights; shutters at windows; pediments over entryways; and columns or pilasters at entries (either as porch supports or surrounding doorways).

Minimal Traditional emerged in the late 1930s and was popular through the mid-1950s. Minimal Traditional buildings often reflect the form of Period Revival buildings, but lack the ornament and decorative detailing of the Period Revival style. Common character-defining features of the Minimal Traditional style found in this District include: low-pitched hipped roofs, typically with narrow eaves; smooth stucco cladding, often used in combination with clapboard, brick or stone veneer; minimal applied ornament; steel casement windows; and stripped down decorative features such as shutters or pilasters.

Mid-Century Modern emerged after World War II and was influenced by an early and influential tradition of Modernism in Southern California, which found precedents in Europe's International Style. Modern architecture in the postwar era was widely applied to all property types, including residential, commercial, and institutional, many of which were designed by some of Southern California's most influential architects. In general, Mid-Century Modernism rejected previous architectural traditions and historicist styles, instead embracing new, innovative materials and technologies and prioritizing function over form. Common character-defining features of Mid-Century Modern architecture found in this District include: stucco cladding at times used in combination with other textural elements, such as brick or concrete block; low-pitched or flat roofs, often with wide, cantilevered overhang; horizontal elements such as fascias that cap the front edge of the flat roofs or parapets; aluminum-frame windows grouped within horizontal frames; oversized decorative elements or decorative face-mounted light fixtures; and prominent graphic signage at front façade, often displaying apartment name and address.

Thus, the District contains buildings that embody the distinguishing characteristics of the courtyard apartment dwelling type; in addition, it is a rare contiguous concentration of the property type in Santa Monica.

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 San Vicente Boulevard Courtyard Apartments Historic District consists of the area bounded on the north by the alley between San Vicente Boulevard and Adelaide Drive; on the south by the alley between San Vicente Boulevard and Georgina Avenue; on the east by Seventh Street; and on the west by First Court and Ocean Avenue; excepting therefrom the properties located at 301 Ocean Boulevard and 605, 621, 527 and 537 San Vicente Boulevard.

Structures that contribute to the character and integrity of the San Vicente Boulevard Courtyard Apartments Historic District shall be defined as apartment buildings constructed between 1937 and 1956 with an overall layout or plan that includes a landscaped open space courtyard and representative of the Streamline Moderne, American Colonial Revival, Minimal Traditional or Mid-Century Modern architectural styles; noncontributing buildings, structures or sites shall be defined as buildings or structures constructed after 1956, that are not of the courtyard apartment type, and vacant lots.

Pursuant to Sections 9.56.130 and 9.56.140 of this Code, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within the District that can occur without prior approval of a Certificate of Appropriateness, any such work must obtain approval of a Certificate of Appropriateness or Certificate of Economic Hardship by the Landmarks Commission.

Until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition to a building or structure within the District that can occur without prior approval of a Certificate of Appropriateness, all work to buildings, structures or sites located within the District is exempt from review by the Architectural Review Board, provided that a Certificate of Appropriateness is obtained from the Landmarks Commission, and all Certificate of Appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a building, structure or site located within the Historic District are waived.

(Added by Ord. No. 2507CCS § 1, adopted January 12, 2016)

§ 9.56.320 The 11th Street Historic District.

The City Council has reviewed and considered the Historic District application for the area (the "11th Street Historic Bungalow District" or "district") and has reviewed and considered the recommendation on the Historic District application transmitted from the Landmarks Commission.

The City Council finds and declares that:

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 11th Street Bungalow Historic District consists of the properties along the east side of 11th Street, between Wilshire Boulevard and Arizona Avenue (1221 to 1253 11th Street), and the properties along the north side of Arizona Avenue between 11th Street and 11th Court Alley (1107 to 1115 Arizona Avenue).

Structures that contribute to the character and integrity of the 11th Street Bungalow Historic District shall be defined as primary, street-facing bungalows constructed between 1905 and 1925 during the district's period of significance and located at 1223 11th Street, 1229 11th Street, 1233 11th Street, 1107 Arizona Avenue and 1115 Arizona Avenue, including hipped roof cottages from the turn of the twentieth century era, Craftsman bungalows from the teens, and a Spanish Colonial Revival-style bungalow; noncontributing buildings, structures or sites shall be defined as buildings or structures constructed after 1925 that are not listed as contributors or of the bungalow type, and vacant lots.

Pursuant to Sections 9.56.130 and 9.56.140 of this Code, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within the district that can occur without prior approval of a certificate of appropriateness, any such work must obtain approval of a certificate of appropriateness or certificate of economic hardship by the Landmarks Commission.

Until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition to a building or structure within the district that can occur without prior approval of a certificate of appropriateness, all work to buildings, structures or sites located within the district is exempt from review by the Architectural Review Board, provided that a certificate of appropriateness is obtained from the Landmarks Commission or the Landmarks Commission Secretary pursuant to authority granted by the Landmarks Commission in accordance with Section 9.56.130(L), and all certificate of appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a building, structure or site located within the Historic District are waived.

(Adds Ord. No. 2602CCS § 1, adopted February 12, 2019)

§ 9.56.330 The 4th Street Corner Historic District.

The City Council has reviewed and considered the Historic District application for the area (the "4th Street Corner Historic District" or "District") and has reviewed and considered the record of proceedings before the Landmarks Commission.

The City Council finds and declares that:

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.

The 4th Street Corner Historic District consists of the properties located within the 2500 block of 4th Street and situated on the corner of 4th Street and Ocean Park Boulevard, including 2506-2516, 2518, 2524, 2525, and 2528 4th Street, and 317-321 Ocean Park Boulevard.

Structures that contribute to the character and integrity of the 4th Street Corner Historic District shall be defined as the multi-unit residential condominium complex located at 2506-2516 4th Street, the front residential triplex structure and rear detached residence above garage structure located at 2518 4th Street, the multi-unit residential structure located at 2524 4th Street, the single-unit residences located at 2525 and 2528 4th Street, and the single-unit residences located at 317-321 Ocean Park Boulevard. Noncontributing buildings or structures shall be defined as buildings or structures constructed that are not listed as contributors.

Pursuant to Sections 9.56.130 and 9.56.140 of this Code, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition of or to a building or structure within the District that can occur without prior approval of a Certificate of Appropriateness, any such work must obtain approval of a Certificate of Appropriateness or Certificate of Economic Hardship by the Landmarks Commission.

Until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construction, removal, relocation, or demolition to a building or structure within the District that can occur without prior approval of a Certificate of Appropriateness, all work to buildings, structures or sites located within the District is exempt from review by the Architectural Review Board, provided that a Certificate of Appropriateness is obtained from the Landmarks Commission or the Landmarks Commission Secretary pursuant to authority granted by the Landmarks Commission in accordance with Section 9.56.130(K), and all Certificate of Appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a building, structure or site located within the Historic District are waived.

(Added by Ord. No. 2613CCS § 1, adopted August 27, 2019)

§ 9.58.010 Definitions.

Words or phrases as used in this Chapter shall have the meaning as defined in Section 9.56.030 except as otherwise defined as follows:

Certificate of administrative approval.

A certificate issued by the Landmarks Commission Secretary, or Landmarks Commission on Appeal, for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(B).

Certificate of appropriateness.

A certificate issued for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(C).

Certificate of exemption.

A certificate issued by the Landmarks Commission Secretary for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(A).

Contributing structures.

All structures located within the Third Street Neighborhood Historic District boundaries that were constructed in 1935 or earlier.

District.

The Third Street Neighborhood Historic District.

Project.

Any alteration, restoration, construction, reconstruction, removal, relocation or demolition of a structure within the Third Street Neighborhood Historic District.

Third Street Neighborhood Historic District boundaries.

The Third Street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third Street; bounded on the south by Hill Street, including the parcels on the south side of the street but excluding the parcel on the southeast corner of Hill Street and Third Street; bounded on the west by the rear property line of the parcels on the west side of Second Street; and bounded on the north by the southside of Ocean Park Boulevard.

Noncontributing structures and sites.

All structures located within the Third Street Neighborhood Historic District boundaries constructed after 1935 as well as vacant parcels.

Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings.

Those certain guidelines for the planning and review of historic building rehabilitation, restoration, alteration and addition, prepared by the United States Department of Interior dated 1976, and as may be amended from time to time.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.020 Applicability.

Automatic Exemption. No City approval shall be required for work to a contributing or noncontributing building if no building permit is required and if the work does not require a certificate of administrative approval or certificate of appropriateness under this Section.

Certificate of Exemption.

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:

All interior alterations.

House painting resulting in no change in color.

New screens.

Flat concrete work in the side and rear yards.

Repaving of existing front yard paving, concrete work and walkways, if the same material in appearance as existing is used.

General maintenance and repair if it results in no change in existing appearance.

Removal or addition of minor landscape features, including sprinkler systems and excluding mature trees.

Removal of mature trees if severely damaged or diseased.

Emergency repairs necessary to preserve life, health or property as determined by the Building Officer to be immediate and necessary.

Rear or side yard fences.

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

Roofing work, other than general maintenance.

Foundation work, other than general maintenance.

Chimney work, other than general maintenance.

Certificate of Administrative Approval.

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

House painting resulting in a change in color.

Retaining walls.

New windows or doors.

Skylights.

Removal of mature trees if specifically identified in a landscape survey adopted by the Landmarks Commission.

Removal, demolition, addition or alteration to front yard fences.

Removal, demolition, addition, alteration or repaving of front yard paving, concrete work or walkways, if material used changes existing appearance.

Roof top solar equipment or exterior telecommunication equipment.

Mechanical systems including air conditioning or heating.

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

Roofing work, other than general maintenance.

Foundation work, other than general maintenance.

Chimney work, other than general maintenance.

Certificate of Appropriateness. A certificate of appropriateness shall be required for the following work to contributing and noncontributing buildings within the Third Street Neighborhood Historic 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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.030 Criteria for Issuance of Applications.

Criteria for Issuance of Application for Exemption. The Landmarks Commission Secretary shall issue a certificate of exemption for projects in the District if the Secretary finds that the proposed project is included within the list of work enumerated in Section 9.58.020(B).

Criteria for Issuance of Application for Certificate of Administrative Approval. The Landmarks Commission Secretary, or the Landmarks Commission on appeal, shall issue a certificate of administrative approval for projects in the District if the Secretary or Commission finds that the project is included within the list of work enumerated in Section 9.58.020(C); that the project is not detrimental to the character of the structure; and that the project does not detract from the integrity of the District.

Criteria for Issuance of Application for Certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for projects in the District if it finds that the project is included within the list of work enumerated in Section 9.58.020(D), and it makes a determination in accordance with any one or more, as appropriate, of the following criteria, which shall be in lieu of those otherwise required by Section 9.56.140:

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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.040 Procedures.

Certificate of Exemption and Certificate of Administrative Approval.

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.

Certificate of Appropriateness and Certificate of Economic Hardship.

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).

Appeals. Appeals shall be processed according to the following procedures:

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.

Expiration of Approvals. Any certificate issued for a project in the District pursuant to this Chapter shall expire of its own limitation within a one-year time period commencing on the effective date of the certificate if the work authorized is not commenced by the end of such one-year time period. In addition, any certificate shall also expire and become null and void if such work authorized is suspended or abandoned for a one-hundred-eighty day time period after being commenced.

Effective Date of Decision. A decision on a project in the District that is subject to appeal shall not become effective until after the date the appeal period expires. A decision not subject to appeal shall become effective upon issuance.

Extension of Approvals. The Landmarks Commission may, by resolution, for good cause, extend the time period for exercising a certificate of exemption, a certificate of administrative approval, certificate of appropriateness or certificate of economic hardship for a project in the District for a period of up to one hundred and eighty days upon such terms and conditions as the Commission deems appropriate. Such extended certificate shall expire if the work authorized by the extension is not commenced by the end of the extension period.

Resubmittal of an Application. Notwithstanding Section 9.56.170(K), whenever an application for a certificate of exemption or certificate of administrative approval, for a project in the District has been deemed disapproved by the Landmarks Commission Secretary or by the Landmarks Commission on appeal, or whenever an application for a certificate of appropriateness or certificate of economic hardship for a project in the District has been deemed disapproved by the Landmarks Commission or by the City Council on appeal, no application which is substantially the same may be resubmitted to or reconsidered by the Landmarks Commission Secretary, Landmarks Commission or City Council for a period of twelve months from the date of the effective date of the final action. However, any such certificate application may be refiled at any time during the twelve-month period provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. The refiled application shall be processed in the same manner as the original application.

Fees. The City Council may by resolution establish fees for any application or appeal permitted by this Chapter. Members of the Landmarks Commission shall not be required to pay a fee when filing an appeal of the determination for a certificate of administrative approval or certificate of appropriateness. No fee shall be required for a certificate of exemption and a certificate of administrative approval.

Other City Approvals. In connection with any project that requires a certificate of exemption, certificate of administrative approval, certificate of appropriateness, or certificate of economic hardship under this Chapter, any approval of such project by any other City body, board, commission or officer shall be conditioned on obtaining the necessary approval pursuant to this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.050 Demolition.

Contributing Structures. The demolition of contributing structures located within the District shall only be permitted upon issuance of a certificate pursuant to paragraphs (1) or (2) below:

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

That the structure does not embody distinguishing architectural characteristic valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, National Register of Historic Places, California Registered Historical Landmark, or California Point of Historical Interest.

That the removal of the structure from the District will not result in a loss of the District's historic integrity.

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

Noncontributing Structures. The demolition of noncontributing structures located within the District shall be permitted only upon compliance with the procedures set forth in Chapter 9.25.

Demolition Permit Order of Review. Whenever a project is proposed for a structure or site within the District boundaries that involves the demolition of a contributing structure and will require the review, approval or issuance of any Zoning Conformance Review permit, conditional use permit, development review permit, tentative parcel map, tentative tract map or building permit the applicant must first obtain either a certificate of appropriateness or a certificate of economic hardship from the Landmarks Commission to permit such demolition.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.060 Architectural Review Board Exemption.

All structures located within the boundaries of the District shall be excluded from any City architectural review district, and be exempt from Architectural Review Board approval.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.070 Design Guidelines.

The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be used by the Landmarks Commission and Landmarks Commission Secretary to assist in its evaluation of proposed projects within the District. The Secretary's Guidelines, however, shall not be considered dispositive with respect to any project or determination on any certificate required for work in the District.

The Landmarks Commission shall adopt design guidelines for the District within one hundred eighty days of the date of adoption of this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.080 Maintenance and Repair.

Every property owner of a structure within the District shall have the duty of keeping in good repair all exterior features of the District structure, and all interior features thereof which, if not so maintained, may cause or tend to cause the exterior features of the Historic District structure to deteriorate, decay or become damaged, or otherwise to fall into a state of disrepair. Any property owner who fails to comply with this Section shall be given written notice by the City of the violation of this Section and shall within sixty days of receipt of written notice from the City bring the property into compliance with this Section.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.090 Citizen Participation.

The Landmarks Commission, within ninety days of the date of adoption of this Chapter, shall adopt a resolution establishing an ongoing process to ensure citizen participation in the proceedings under this Chapter. The resolution shall include:

A committee established by and reporting to the Landmarks Commission consisting of at least one member of the Landmarks Commission and 2 members of the public residing within the District.

Distribution to the Committee of all applications for certificates of appropriateness filed under this Chapter, all determinations and appeals concerning certificates of administrative approval, and any pending conceptual review proceeding pursuant to Section 9.58.100.

Procedures by which the Committee shall make recommendations to the Landmarks Commission concerning applications filed under this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.100 Conceptual Review by Landmarks Commission.

Any project that requires a certificate of appropriateness pursuant to this Chapter and also requires discretionary review by the Planning Commission shall be reviewed in concept by the Landmarks Commission before the review by the Planning Commission. Following such conceptual review, the Landmarks Commission shall transmit the results of its deliberations to the Planning Commission. The Planning Commission in its deliberations shall consider the comments of the Landmarks Commission.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.58.110 Landscape Survey.

The Landmarks Commission shall prepare a landscape survey within one hundred eighty days of the date of adoption of this Chapter. The landscape survey shall survey the mature trees within the District.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.010 Purpose.

It is the purpose and intent of this Chapter to regulate the operations of sexually-oriented businesses, which have judicially recognized adverse secondary effects, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in vicinity of adult businesses; interference with residential property owners' enjoyment of their properties; and the deterioration of neighborhoods.

Special regulation of these businesses is necessary to prevent these adverse secondary effects while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

It is therefore the purpose of this Chapter to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.020 Definitions.

Adult-oriented merchandise.

Any goods, products, commodities or other ware, including, but not limited to videos, CDs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.

Designated Commercial Districts.

Shall mean the MUB, MUBL, GC, Bergamot, and Downtown Districts.

Distinguished or characterized by an emphasis upon.

The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Establishment of a sexually-oriented business.

A sexually-oriented business shall mean and include any of the following:

The opening or commencement of any sexually-oriented business as a new business;

The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business defined herein;

The addition of any of the sexually-oriented businesses defined herein to any other existing sexually-oriented business; or

The relocation of any such sexually-oriented business.

Regularly features.

A regular and substantial course of conduct. Live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical area or specified sexual activities which occur on four or more occasions within a thirty-day period; six or more occasions within a sixty-day period; or eight or more occasions within a one hundred eighty day period shall be deemed to be a regular and substantial course of conduct.

Religious institution.

A church, convent, monastery, synagogue, mosque, or other place of religious worship.

Residential Districts.

Shall mean the R1, R2, R3, R4, OF, OP1, OPD, OP2, OP3, and OP4 Districts or any other district designated by the City Council as a residential district.

School.

Any child care and early education facility or day care center, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, charter school, or any special institution of education or work training program for physically and mentally disabled adults, but does not include a vocational or professional institution of higher education, including a community or junior college, or college or university.

Sexually-oriented businesses.

Sexually-oriented business shall mean any of the following:

Adult arcade.

An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by 5 or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.

Adult cabaret.

A nightclub, restaurant, or similar business establishment which:

Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities;

Regularly features persons who appear semi-nude; or

Shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.

Adult hotel/motel.

A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas; and

Rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a twenty-four hour period.

Adult motion picture theater.

A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.

Adult retail use establishment.

An establishment that has thirty percent or more of its stock in adult-oriented merchandise.

Adult theater.

A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Specified sexual activities.

Specified Sexual Activities shall mean:

Human genitals in a state of sexual stimulation or arousal;

Sex acts, actual or simulated, including acts of masturbation, sexual intercourse, oral copulation, or sodomy;

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breasts; or

Excretory functions as part of or in connection with any of the other activities described in paragraphs (1) through (3) of this subsection.

Specified anatomical areas.

Specified anatomical areas shall mean:

Less than completely and opaquely covered:

Human genitals, pubic region;

Buttock; and

Female breast below a point immediately above the top of the areola; or

Human male genitals, less than completely and opaquely covered, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Any device, costume, or covering that simulates any of the body parts included in paragraph (1) or (2) of this subsection.

Stock.

Stock shall mean any of the following:

The business devotes thirty percent or more of the retail floor area to adult-oriented merchandise.

The business devotes thirty percent or more of its annual retail inventory (measured by the number of items or the consumer retail price of the inventory) to adult-oriented merchandise.

The retail value of merchandise that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas is thirty percent or more of the total retail value of inventory offered in each of the following categories:

Books;

Magazines;

Video tapes or any material in digital format including, but not limited to, compact disc (CD) or digital video disc (DVD), for sale or rental;

Nonclothing novelties and devices; and

On-premises viewing of images, films and/or videos.

Annual gross revenue derived from adult-oriented merchandise is thirty percent or more of the total gross revenue.

There is a rebuttable presumption that a business constitutes a sexually-oriented business where the business:

Offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; and

Fails to make revenue and inventory related business records available to the City upon reasonable advance notice.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.030 Location of Sexually-Oriented Businesses.

It shall be unlawful to operate or cause to be operated a sexually-oriented business except as provided in this Code:

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 required separation distance between sexually-oriented businesses and any of the uses specified above shall be measured in a straight line from the closest points on the property lines of each site.

No more than one sexually-oriented business may be operated or maintained in the same building, structure, or portion thereof.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.040 Amortization of Nonconforming Uses.

The following amortization provisions shall apply to nonconforming uses:

Any use of real property existing on September 27, 2005, which does not conform to the provisions of this Chapter, but which was constructed, operated and maintained in compliance with all previous regulations governing sexually-oriented uses, shall be regarded as a legal nonconforming use which may be continued until November 24, 2006.

The owner or operator of a nonconforming use may apply to the City Council for an extension of time within which to terminate the nonconforming use. An extension shall be for a reasonable period of time commensurate with the investment involved and shall be approved if the City Council makes all of the following findings or such other findings as are required by law:

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.

For purposes of this section, in the case of 2 adult uses located within one thousand feet of one another, that use which was first lawfully established and is otherwise in conformity with this Chapter, shall be entitled to continue in its present location.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.050 Processing and Approval of Business License Applications.

The City shall act upon any application for a business license to operate a sexually-oriented business within 30 days. The failure to act on the application within 30 days shall be deemed an approval unless the applicant voluntarily agrees to extend the time for the City to act upon the application. The City shall approve the business license application unless it is determined that:

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.

Notice of the business license denial shall be in writing and shall state the grounds for denial. Notice shall be personally served to the business license applicant or mailed to the address listed on the application form.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.060 Business License Validity and Conditions.

The City may condition issuance of a business license to ensure compliance with the provisions of this Chapter and other standards and regulations of the City's Municipal Code applicable to the operation of a sexually-oriented business. Each business license shall be valid only:

For the business owner(s) specified in the business license application.

For the business name for the sexually-oriented business listed in the business license application.

For the specific type of sexually-oriented business described in the business license application.

For the specific location described in the business license application.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.070 Sale or Transfer of Business.

No business license issued in compliance with this Chapter shall be assigned or transferred without the prior written approval of the City. The applicant shall apply for a transfer on a form provided by the City and shall pay the application processing fee established by Council resolution for a new sexually-oriented business.

An application for approval of a transfer of a business license shall be required prior to any change in an interest in a partnership or ownership of 10% or more of the stock of a corporation to any person not listed on the original approved application.

An application for transfer of a business license may be denied for any of the grounds specified for denial of an original business license application.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.080 Displays.

A sexually-oriented business authorized by this Section shall not display any signs, advertising, posters, photographs, graphic representations or adult-oriented merchandise that can be viewed by persons off the site and which depict specified sexual activities or specified anatomical areas.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.59.090 Judicial Review.

Anyone seeking judicial review of any administrative action under this Chapter may seek a writ of mandate for prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)